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THE MARINE MAMMAL COMMISSION COMPENDIUM

BILATERAL / EUROPEAN ECONOMIC COMMUNITY
Volume(s) 1-3; pages 3048-3051


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Amendment to the Agreement Between the Government of the United States of America and the European Economic Community Concerning Fisheries off the Coasts of the United States, Washington and Brussels, 1991


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Done at Washington and Brussels 1 February 1991 and 14 June 1991


Entered into force 8 January 1992, effective 1 July 1991


Primary source citation: Copy of text provided by the U.S. Department of State


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DEPARTMENT OF STATE WASHINGTON

February 1, 1991

His Excellency Andreas van Agt, Ambassador of the European Communities.

Excellency:

I have the honor to refer to the agreement between the Government of the United States of America and the European Community concerning fisheries off the coasts of the United States of America, signed at Washington on October 1, 1984, as amended and extended (hereinafter referred to as ‘the Agreement’), and due to expire on July 1, 1991. Noting the desire by the United States to address cooperatively with the Communities the recommendations outlined in United Nations Resolution 44/225 of December 1989 on Large-Scale Pelagic Driftnet Fishing, as well as concerns about the burgeoning fishery for pollock in the central Bering Sea area, I have the further honor to propose that, in accordance with the provisions of Article XIX, the Agreement be extended until December 31, 1993, and that it be further amended as follows:

1.

In Article II, paragraph 1, delete ‘(except highly migratory species of tuna)’.

2.

In Article II, delete existing paragraph 2 in its entirety and replace it with:

‘2.

‘fish’ means all finfish, mollusks, crustaceans, and other forms of marine animal and plant life, other than marine mammals and birds;’

3. In Article II, at the end of subparagraph 6) b), add the word ‘and’, delete paragraph 7 and renumber the present paragraph 8 as paragraph 7. 4. In Article IV, paragraph 4, replace the phrase ‘fishery conservation zone’ with ‘exclusive economic zone of the United States’.

5. In Article IV, paragraph 7 delete ‘; and’ and replace with ‘;’.

6. In Article IV, delete existing paragraph 8 and replace with a new paragraph 8 as follows:

‘8. whether, and to what extent, such nation is cooperating with the United States in matters pertaining to the fulfillment of the recommendations outlined in United Nations General Assembly Resolution 44/225 of December 1989 on Large-scale Pelagic Driftnet Fishing and in the conservation of the pollock resource in the central Bering Sea; and’

7. In Article IV, add a new paragraph 9 as follows:

‘9. such other matters as the Government of the United States deems appropriate.’

8. In Article XII, add a new paragraph 5 as follows:

‘5. The Community shall cooperate with the Government of the United States in matters pertaining to the fulfillment of the recommendations outlined in United Nations General Assembly Resolution 44/225 of December 1989 on Large-scale Pelagic Driftnet Fishing and in the conservation of the pollock resource in the central Bering Sea.’

I have the further honor to propose that, if these proposals are acceptable to the European Communities, this Note and the Communities' Note in reply to that effect shall constitute an Agreement between the Government of the United States of America and the European Communities, which will enter into force on a date to be agreed upon in a subsequent exchange of diplomatic notes between the two parties following the completion of necessary internal procedures.

Accept, Excellency, the renewed assurances of my highest consideration.

For the Secretary of State: David A. Colson

Note from the European Economic Community

Excellency,

We have the honour to acknowledge receipt of the Note from the Government of the United States of America, Department of State, Washington, February 1, 1991, which reads as follows:

‘I have the honor to refer to the agreement between the Government of the United States of America and the European Economic Community concerning fisheries off the coasts of the United States, signed at Washington on October 1, 1984, as amended and extended (hereinafter referred to as ‘the Agreement’), and due to expire on July 1, 1991. Noting the desire by the United States to address cooperatively with the Communities the recommendations outlined in United Nations Resolution 44/225 of December 1989 on Large-Scale Pelagic Driftnet Fishing, as well as concerns about the burgeoning fishery for pollock in the central Bering Sea area, I have the further honor to propose that, in accordance with the provisions of Article XIX, the Agreement be extended until December 31, 1993, and that it be further amended as follows:

1) In Article II 1), the words ‘(except highly migratory species of tuna)’ shall be deleted.

2) Article II 2) shall be replaced by:

‘2) ‘fish’ means:

all finfish, molluscs, crustaceans and other forms of marine animal and plant life, other than marine mammals and birds;’.

3) At the end of subparagraph 6(b) of Article II, the word ‘and’ shall be added, paragraph 7 shall be deleted and paragraph 8 shall become paragraph 7. 4) In Article IV 4) the words ‘fishery conservation zone’ shall be replaced by ‘exclusive economic zone of the United States’.

5) In Article IV 7), the final ‘and’ shall be deleted.

6) Article IV 8) shall be replaced by the following:

‘8) whether, and to what extent, such nation is cooperating with the United States in matters pertaining to the fulfilment of the recommendations outlined in United Nations General Assembly Resolution 44/225 of December 1989 on Large-Scale Pelagic Driftnet Fishing and in the conservation of the pollock resource in the central Bering Sea and’.

7) The following shall be added to Article IV:

‘9) such other matters as the Government of the United States deems appropriate’.

8) The following shall be added to Article XII:

‘5. The Community shall cooperate with the Government of the United States in matters pertaining to the fulfilment of the recommendations outlined in United Nations General Assembly Resolution 44/225 of December 1989 on Large-Scale Pelagic Driftnet Fishing and in the conservation of the pollock resource in the central Bering Sea’.

9) In Article XIX 1., ‘1 July 1991’ shall be replaced by ‘31 December 1993’.

I have the further honor to propose that if these proposals are acceptable to the European Economic Community, this Note and the Communities' Note in reply to that effect shall constitute an Agreement between the Government of the United States of America and the European Economic Community, which will enter into force on a date to be agreed upon in a subsequent exchange of diplomatic notes between the two parties following the completion of necessary internal procedures.’

With reference to, and in conformity with, the contents of the Commission's letter of 5 March 1991, we have the honour to confirm that the proposals set out in the above note are acceptable to the European Economic Community and that the above note and this note constitute an Agreement between the Government of the United States of America and the European Economic Community.

Please accept, Excellency, the assurance of our highest consideration.

Brussels, 14 June 1991

On behalf of the Council of the European Communities

Thierry STOLL Deputy Permanent Representative of Luxembourg to the European Communities

Jos de ALMEIDA SERRA Director-General of the Directorate-General for Fisheries of the Commission of the European Communities

United States Mission to the European Communities Brussels

November 20, 1991

No. 82

The United States Mission to the European Communities presents its compliments to the Commission of the European Communities and refers to the agreement of October 1, 1984, amending and extending the agreement between the Government of the United States of America and the European Community concerning fisheries off the coasts of the United States, as amended and extended, effected by exchange of notes at Washington and Brussels, dated February 1 and June 14, 1991. The Department of State wishes to inform the Commission that the Government of the United States of America has completed its necessary internal procedures for entry into force of the agreement. If it is acceptable to the Commission, the United States Mission to the European Communities proposes that the agreement enter into force on the date of the Commission's note in reply, effective from July 1, 1991. The United States Mission to the European Communities takes this opportunity to renew to the Commission the assurances of its highest consideration.

[Initials] [Seal]

DELEGATION OF THE COMMISSION OF THE EUROPEAN COMMUNITIES Washington, D.C. 8 January, 1992

The Delegation of the Commission of the European Communities presents its compliments to the Department of State and has the honour to acknowledge receipt of the Note of the United States Mission to the European Communities dated 20 November, 1991. The said Note informed the Commission of the completion of the procedures for the amendment to and extension of the Agreement between the Government of the United States of America and the European Economic Community of 1 October, 1984 concerning fisheries off the coast of the United States, as amended and extended, effected by an exchange of Notes at Washington and Brussels, dated 1 February, 1991 and 14 June, 1991. The Delegation wishes to inform the Department of State that the European Economic Community has completed its internal procedures in respect of the above Agreement and is prepared for the Agreement to enter into force on the date of the present Note, effective from 1 July, 1991, as proposed in the Mission's Note no. 82. The Delegation of the Commission of the European Communities takes this opportunity to renew to the Department of State the assurance of its highest consideration.

[Initials] [Seal]