ARTICLE IV

In determining the portion of the surplus that may be made available to the Community, and to other countries, the Government of the United States will decide on the basis of the factors identified in the Magnuson Fishery Conservation and Management Act, as amended, that is:

i)

whether, and to what extent, such nation imposes tariff barriers or non-tariff barriers on the importation, or otherwise restricts the market access, of United States fish or fishery products;

ii)

iii)

iv)

v)

vi)

vii)

viii)

whether, and to what extent, such nation is co-operating with the United States in the advancement of existing and new opportunities for fisheries trade, particularly through the purchase of fish or fishery products from United States processors or from United States fishermen;

whether, and to what extent, such nation and the fishing fleets of such nation have co-operated with the United States fishing regulations;

whether, and to what extent, such nation requires the fish harvested from the fishery conservation zone for its domestic consumption;

whether, and to what extent, such nation otherwise contributes to, or fosters the growth of, a sound and economic United States fishing industry, including minimizing gear conflicts with fishing operations of United States fishermen, and transferring harvesting or processing technology which will benefit the United States fishing industry;

whether, and to what extent, the fishing vessels of such nation have traditionally engaged in fishing in such fishery;

whether, and to what extent, such nation is co-operating with the United States in, and making substantial contributions to, fishery research and the identification of fishery resources; and

such other matters as the Secretary of State, in co-operation with the Secretary, deems appropriate."

ARTICLE V

The Community shall co-operate with and assist the United States in the development of the United States fishing industry and the increase of United States fishery exports by taking such measures as facilitating the importation and sale of United States fishery products, providing information concerning technical and administrative requirements for access of United States fishery products into the Community, providing economic data, sharing expertise, facilitating the transfer of harvesting or processing technology to the United States fishing industry, facilitating appropriate joint venture and other arrangements, informing its industry of trade and joint venture opportunities with the United States, and taking other actions as may be appropriate.

ARTICLE VI

The Community shall take all necessary measures to ensure:

1)

2)

3)

that nationals and vessels of the Member States of the Community refrain from fishing for living resources over which the United States has sovereign rights to explore, exploit, conserve and manage except as authorized pursuant to this Agreement;

that all such vessels so authorized comply with the provisions of permits issued pursuant to this Agreement and applicable laws of the United States; and

that the total allocation referred to in Article III, paragraph 2 d) of this Agreement is not exceeded for any fishery.

ARTICLE VII

The Community may submit an application to the Government of the United States for a permit for each fishing vessel of a Member State of the Community that wishes to engage in fishing in the exclusive economic zone pursuant to this Agreement. Such application shall be prepared and processed in accordance with the Annex, which constitutes an integral part of this Agreement. The Government of the United States may require the payment of fees for such permits and for fishing in the United States exclusive economic zone. The Community undertakes to keep the number of applications to the minimum required, in order to aid in the efficient administration of the permit program.

ARTICLE VIII

The Community shall ensure that nationals and vessels of Member States of the Community refrain from harassing, hunting, capturing or killing, or attempting to harass, hunt, capture or kill, any marine mammal within the United States exclusive economic zone, except as may be otherwise provided by an international agreement respecting marine mammals to which the United States is a party, or in accordance with specific authorization for and controls on incidental taking of marine mammals established by the Government of the United States.

ARTICLE IX

The Community shall ensure that in the conduct of the fisheries under this Agreement:

1)

2)

3)

4)

5)

the authorizing permit for each vessel of a Member State of the Community is prominently displayed in the wheel house of such vessel;

appropriate position-fixing and identification equipment as determined by the Government of the United States, is installed and maintained in working order on each vessel;

designated United States observers are permitted to board, upon request, any such fishing vessel, and shall be accorded the courtesies and accommodations provided to ship's officers while aboard such vessel, and owners, operators and crews of such vessel shall co-operate with observers in the conduct of their official duties, and, further, the Government of the United States shall be reimbursed for the costs incurred in the utilization of observers;

agents are appointed and maintained within the United States possessing the authority to receive and respond to any legal process issued in the United States with respect to an owner or operator of a vessel of a Member State of the Community for any cause arising out of the conduct of fishing activities for the living resources over which the United States has sovereign rights to explore, exploit, conserve and manage; and

all necessary measures are taken to minimize fishing gear conflicts and to ensure the prompt and adequate compensation of United States citizens for any loss, or damage to, their fishing vessels, fishing gear or catch, and resultant economic loss, that is caused by any fishing vessel of a Member State of the Community as determined by applicable United States procedures.

ARTICLE X

The Community shall take all appropriate measures to assist the United States in the enforcement of its laws pertaining to fishing in the exclusive economic zone and to ensure that each vessel of a Member State of the Community that engages in fishing for living resources over which the United States has sovereign rights to explore, exploit, conserve and manage shall allow and assist the boarding and inspection of such vessel by any duly authorized enforcement officer of the United States and shall co-operate in such enforcement action as may be undertaken pursuant to the laws of the United States.

ARTICLE XI

1. The Government of the United States will impose appropriate penalties, in accordance with the laws of the United States, on vessels of Member States of the Community or their owners, operators, or crews that violate the requirements of this Agreement or of any permit issued hereunder.

2.

Arrested vessels and their crews shall be promptly released, subject to such reasonable bond or other security as may be determined by the court.

3.

In any case arising out of fishing activities under this Agreement, the penalty for violation of fishery regulations shall not include imprisonment except in the case of an enforcement related offense such as assault on an enforcement officer or refusal to permit boarding and inspection.

4. In cases of seizure and arrest of a vessel of a Member State of the Community by the authorities of the Government of the United States, notification shall be given promptly through diplomatic channels informing the Community and the Member State concerned of the action taken and of any penalties subsequently imposed.

1.

ARTICLE XII

The Government of the United States and the competent agencies of the Community shall co-operate in the conduct of scientific research required for the purpose of managing and conserving living resources over which the United States has sovereign rights to explore, exploit, conserve and manage, including the compilation of the best available scientific information for management and conservation of stocks of mutual interest.

2. The competent agencies of the two Parties shall co-operate in the development of a periodic research plan on stocks of mutual concern through correspondence or meetings as appropriate, and may modify it from time to time by agreement. The agreed research plans may include, but are not limited to, the exchange of information and scientists, regularly scheduled meetings between scientists to prepare research plans and review progress, and jointly conducted research projects.

3. The conduct of agreed research during regular commercial fishing operations on board of a fishing vessel of a Member State of the Community in the United States exclusive economic zone shall not be deemed to change the character of the vessel's activities from fishing to scientific research. Therefore, it will still be necessary to obtain a permit for the vessel in accordance with Article VII.

4.

The Community shall co-operate with the Government of the United States in the implementation of procedures for collecting and reporting biostatistical information and fisheries data, including catch and effort statistics, in accordance with procedures which will be stipulated by the United States.

ARTICLE XIII

In the interest of conservation, restoration, enhancement and rational management of salmon stocks of United States origin as well as of Community origin, both Parties shall consult and cooperate under the Convention for the Conservation of Salmon in the North Atlantic Ocean.

1.

ARTICLE XIV

The Government of the United States and the Community shall carry out periodic bilateral consultations regarding the implementation of this Agreement and the development of further co-operation in the field of fisheries of mutual concern, including co-operation within the framework of appropriate multilateral organizations for the collection and analysis of scientific data respecting such fisheries.

2.

At the request of either Party any dispute concerning the interpretation or application of this Agreement shall be the subject of consultations between the Parties.

ARTICLE XV

The Government of the United States undertakes to authorize fishing vessels of Member States of the Community allowed to fish pursuant to this Agreement to enter ports in accordance with United States laws for the purpose of purchasing bait, supplies, or outfits, or effecting repairs, changing crews, or for such other purposes as may be authorized.

ARTICLE XVI

Should the Government of the United States indicate to the Community that nationals and vessels of the United States wish to engage in fishing in the Community's fishing zone the Community shall, in accordance with the provisions of the Common Fisheries Policy, allow such fishing on terms not more restrictive than those established in accordance with this Agreement.

ARTICLE XVII

Nothing contained in the present Agreement shall prejudice:

1)

2)

the views of either Party with respect to the existing territorial or other jurisdiction of the coastal State for all purposes other than the conservation and management of fisheries; or

any other international rights and obligations of either Party.

ARTICLE XVIII

The Agreement shall apply to the territories in which the Treaty establishing the Community applies, under the conditions of that Treaty, and to the United States, its territories and its possessions.

1.

ARTICLE XIX

This Agreement, together with the Agreed Minutes which form an integral part thereof, shall enter into force on a date to be agreed upon by exchange of notes, following the completion of internal procedures of both Parties, and remain in force until 1 July 1989, unless extended by exchange of notes between the Parties. Notwithstanding the foregoing, either Party may terminate this Agreement after giving written notice of such termination to the other Party six months in advance.

2.

At the request of either Party, this Agreement shall be subject to review by the two Parties two years after its entry into force.

IN WITNESS WHEREOF, the undersigned, being duly authorized for this purpose, have signed this Agreement.

DONE at Washington, 1st October, 1984, in the Danish, Dutch, English, French, German, Greek and Italian languages, each of these texts being equally authentic.

ANNEX

APPLICATION AND PERMIT

PROCEDURES

The following procedures shall govern the application for and issuance of annual permits authorizing vessels of the Member States of the Community to engage in fishing for living resources over which the United States has sovereign rights to explore, exploit, conserve and manage:

1. The Community may submit an application to the competent authorities of the United States for each fishing vessel of a Member State of the Community that wishes to engage in fishing pursuant to this Agreement. Such application shall be made on forms provided by the Government of the United States for that purpose.

a)

the name and official number or other identification of each fishing vessel for which a permit is sought, together with the name and address of the owner and operator thereof;

b)

the tonnage, capacity, speed, processing equipment, type and quantity of fishing gear, and such other information relating to the fishing characteristics of the vessel as may be requested;

d)

3.

e)

the amount of fish or tonnage of catch by species contemplated for each vessel during the time such permit is in force;

the ocean area in which, and the season or period during which, such fishing would be conducted; and

f) such other relevant information as may be requested, including desired transshipping areas.

The Government of the United States shall review each application, shall determine what conditions and restrictions may be needed, and what fee will be required, and. shall inform the Community of such determinations. The Government of the United States reserves the right not to approve applications. If permit applications are disapproved, the United States authorities will inform the Community of the reasons for such disapproval.

4.

The Community shall thereupon notify the Government of the United States of its acceptance or rejection of such conditions and restrictions and, in the case of a rejection, of its objections thereto.

5.

Upon acceptance of the conditions and restrictions by the Community and the payment of any fees, the Government of the United States shall approve the application and issue a permit for each fishing vessel of a Member State of the Community which fishing vessel shall thereupon be authorized to fish in accordance with this Agreement and the terms and conditions set forth in the permit. Such permits shall be issued for a specific vessel and shall not be transferred.

6.

In the event the Community notifies the Government of the United States of its objections to specific conditions and restrictions, the two sides may consult with respect thereto and the Community may thereupon submit a revised application.

7. The procedures in this Annex may be amended by agreement through an exchange of notes between the two Parties.