*****

ARRANGEMENT

in the form of an exchange of letters between the European Economic Community and the Government of Canada on the establishment of a scientific observation programme in the Regulatory Area of the NAFO Convention

A. Letter from the Government of Canada

Brussels, . . . . . . .

Sir,

With reference to the resolution concerning the establishment of a scientific observation programme, adopted by the Fisheries Commission of the Northwest Atlantic Fisheries Organization on 7 June 1979, a copy of which is annexed hereto, I have the honour to propose that the European Economic Community and the Government of Canada should apply the following measures.

To increase scientific knowledge of the fish stocks located within the Regulatory Area defined in the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, the European Economic Community and Canada shall adopt the provisions necessary to ensure that the scientific observers designated by one of the two Parties to the Agreement are authorized to board vessels of the other Party fishing within the said Regulatory Area, in accordance with the terms of the resolution annexed hereto.

The Party, hereinafter referred to as 'the Requesting Party', which wishes to place scientific observers on board a vessel of the other Party, hereinafter referred to as 'the Accepting Party', shall inform the latter of the names of the observers designated.

The fishing vessels of the Accepting Party shall receive the observers designated by the Requesting Party at any time when they are fishing within the Regulatory Area.

In accordance with the NAFO scientific observation programme, no fishing vessel shall be required to have on board more than one scientific observer at a time.

When a scientific observer from the Requesting Party wishes to board a fishing vessel of the Accepting Party at sea, the observer and the fishing vessel shall follow the boarding procedures defined in the second and third subparagraphs of paragraph 4 of the scheme of joint international enforcement applicable under the NAFO Convention.

Where a scientific observer on board a fishing vessel wishes to leave the vessel before its arrival in port, the Requesting Party shall be required to provide the observer with the necessary means of transport.

A vessel which receives a scientific observer on board shall be required to provide the latter with food and accommodation. These services shall be provided free of charge for the period which the vessel spends fishing in the Regulatory Area. The skipper of the fishing vessel shall facilitate the work of the observer on board while the vessel is fishing within the Regulatory Area.

If this proposal is acceptable to the European Economic Community, I would request that this letter and your reply thereto should constitute an Arrangement between the European Economic Community and the Government of Canada, entering into force on the date on which the Parties notify each other of the completion of the procedures necessary for this purpose. It will remain in force until 31 December 1987 unless terminated by one of the Parties by notice given at least six months in advance.

I would be grateful if you would confirm the Agreement of the European Economic Community to the arrangements proposed above.

Please accept, Sir, the assurance of my highest consideration.

For the

Government of Canada

ANNEX

ESTABLISHMENT OF AN INTERNATIONAL SCIENTIFIC OBSERVER PROGRAMME

The Fisheries Commission noted that a Canadian proposal for the establishment of an international scientific observer programme had already been discussed by the General Council and referred to the Fisheries Commission for further discussion. The Scientific Council had supported the programme and would provide more specific advice as to the data which the scientific observers should collect. Following detailed study, the Fisheries Commission adopted an amended resolution concerning the establishment of a scientific observer scheme as follows.

THE FISHERIES COMMISSION:

Noting the adoption by the Scientific Council of a report supporting the establishment of an international scientific observer programme with respect to fisheries in the Convention Area,

Considering that it would be desirable to improve scientific knowledge of the status of fish stocks in the Regulatory Area, through the establishment of an international scientific programme,

Hereby resolves that Parties whose vessels have been conducting fisheries in the Regulatory Area, within the framework established by multilateral fisheries conventions applicable to this Area, be called upon to develop an international scientific observer programme, commencing in 1979, on a voluntary basis. The following guidelines are recommended for the establishment of such a programme through bilateral discussions:

1. Parties interested in participating in this programme would develop mutually satisfactory arrangements on a bilateral basis in order to facilitate the implementation of this programme.

2. At the request of the authorities of a Party participating in this programme, in accordance with logistic arrangements made on a bilateral basis, the participating Party to which the request is addressed would arrange to have vessels under its jurisdiction that have been identified in these arrangements, and are operating in the Regulatory Area, accept on board scientific observers designated by the Requesting Party.

3. Transportation of scientific observers to and from fishing vessels will be the responsibility of the observers' authorities, and may be effected by their inspection vessels designated under the International Commission for the Northwest Atlantic Fisheries or the Northwest Atlantic Fisheries Organization Schemes of Joint International Enforcement, or directly between fishing vessels. Arrangements, including those concerning the transportation and boarding of observers, shall be organized so as to minimize interference with fishing operations, and, for example, in no case shall a fishing vessel be obliged to change its course pursuant to this programme. Arrangements will be made for messages to be sent and received on behalf of the observer, using the vessel's radio equipment and operator. Any expenses involved in such communication will be borne by the observers' authorities.

4. The masters of fishing vessels receiving scientific observers will ensure that such observers are granted full cooperation upon boarding, including accommodation and meals.

5. Scientific observers participating in the programme will carry insurance satisfactory to the Parties concerned, either at their own expense, or as provided by their own authorities.

6. The participating Parties will establish, on a bilateral basis, the terms of reference for the scientific observers placed on board vessels pursuant to bilateral arrangements. The scientific observers will provide to the relevant masters a copy of such records, prepared by the observers, that the masters wish to retain.

7. The scientific observers will submit at the first opportunity, through their authorities to the authorities of the relevant fishing vessels, a copy of all scientific data records.

B. Letter from the Community

Brussels, . . . . . .

Sir,

I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:

'With reference to the resolution concerning the establishment of a scientific observation programme, adopted by the Fisheries Commission of the Northwest Atlantic Fisheries Organization on 7 June 1979, a copy of which is annexed hereto, I have the honour to propose that the European Economic Community and the Government of Canada should apply the following measures.

To increase scientific knowledge of the fish stocks located within the Regulatory Area defined in the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, the European Economic Community and Canada shall adopt the provisions necessary to ensure that the scientific observers designated by one of the two Parties to the Agreement are authorized to board vessels of the other Party fishing within the said Regulatory Area, in accordance with the terms of the resolution annexed hereto.

The Party, hereinafter referred to as "the Requesting Party", which wishes to place scientific observers on board a vessel of the other Party, hereinafter referred to as "the accepting Party", shall inform the latter of the names of the observers designated.

The fishing vessels of the Accepting Party shall receive the observers designated by the Requesting Party at any time when they are fishing within the Regulatory Area.

In accordance with the NAFO scientific observation programme, no fishing vessel shall be required to have on board more than one scientific observer at a time.

When a scientific observer from the Requesting Party wishes to board a fishing vessel of the Accepting Party at sea, the observer and the fishing vessel shall follow the boarding procedures defined in the second and third subparagraphs of paragraph 4 of the scheme of joint international enforcement applicable under the NAFO Convention.

Where a scientific observer on board a fishing vessel wishes to leave the vessel before its arrival in port, the Requesting Party shall be required to provide the observer with the necessary means of transport.

A vessel which receives a scientific observer on board shall be required to provide the latter with food and accommodation. These services shall be provided free of charge for the period which the vessel spends fishing in the Regulatory Area. The skipper of the fishing vessel shall facilitate the work of the observer on board while the vessel is fishing within the Regulatory Area.

If this proposal is acceptable to the European Economic Community, I would request that this letter and your reply thereto should constitute an Arrangement between the European Economic Community and the Government of Canada, entering into force on the date on which the Parties notify each other of the completion of the procedures necessary for this purpose. It will remain in force until 31 December 1987 unless terminated by one of the Parties by notice given at least six months in advance.

I would be grateful if you would confirm the Agreement of the European Economic Community to the arrangements proposed above.' I have the honour to confirm that the European Economic Community is in agreement with the contents of the above letter.

I would draw your attention to the fact that this letter will be published in the Official Journal of the European Communities in the seven official languages of the Community, each of the texts being equally authentic.

Pleace accept, Sir, the assurance of my highest consideration.

On behalf of

the Council of the European Communities

ANNEX

ESTABLISHMENT OF AN INTERNATIONAL SCIENTIFIC OBSERVER PROGRAMME

The Fisheries Commission noted that a Canadian proposal for the establishment of an international scientific observer programme had already been discussed by the General Council and referred to the Fisheries Commission for further discussion. The Scientific Council had supported the programme and would provide more specific advice as to the data which the scientific observers should collect. Following detailed study, the Fisheries Commission adopted an amended resolution concerning the establishment of a scientific observer scheme as follows.

THE FISHERIES COMMISSION:

Noting the adoption by the Scientific Council of a report supporting the establishment of an international scientific observer programme with respect to fisheries in the Convention Area,

Considering that it would be desirable to improve scientific knowledge of the status of fish stocks in the Regulatory Area, through the establishment of an international scientific programme,

Hereby resolves that Parties whose vessels have been conducting fisheries in the Regulatory Area, within the framework established by multilateral fisheries conventions applicable to this Area, be called upon to develop an international scientific observer programme, commencing in 1979, on a voluntary basis. The following guidelines are recommended for the establishment of such a programme through bilateral discussions:

1. Parties interested in participating in this programme would develop mutually satisfactory arrangements on a bilateral basis in order to facilitate the implementation of this programme.

2. At the request of the authorities of a Party participating in this programme, in accordance with logistic arrangements made on a bilateral basis, the participating Party to which the request is addressed would arrange to have vessels under its jurisdiction that have been identified in these arrangements, and are operating in the Regulatory Area, accept on board scientific observers designated by the Requesting Party.

3. Transportation of scientific observers to and from fishing vessels will be the responsibility of the observers' authorities, and may be effected by their inspection vessels designated under the International Commission for the Northwest Atlantic Fisheries or the Northwest Atlantic Fisheries Organization Schemes of Joint International Enforcement, or directly between fishing vessels. Arrangements, including those concerning the transportation and boarding of observers, shall be organized so as to minimize interference with fishing operations, and, for example, in no case shall a fishing vessel be obliged to change its course pursuant to this programme. Arrangements will be made for messages to be sent and received on behalf of the observer, using the vessel's radio equipment and operator. Any expenses involved in such communication will be borne by the observers' authorities.

4. The masters of fishing vessels receiving scientific observers will ensure that such observers are granted full cooperation upon boarding, including accommodation and meals.

5. Scientific observers participating in the programme will carry insurance satisfactory to the Parties concerned, either at their own expense, or as provided by their own authorities.

6. The participating Parties will establish, on a bilateral basis, the terms of reference for the scientific observers placed on board vessels pursuant to bilateral arrangements. The scientific observers will provide to the relevant masters a copy of such records, prepared by the observers, that the masters wish to retain.

7. The scientific observers will submit at the first opportunity, through their authorities to the authorities of the relevant fishing vessels, a copy of all scientific data records.