LIETUVOS RESPUBLIKOS VYRIAUSYBES, IS VIENOS puses, IR IS KITOS PUSES, SUSITARlMAS DEL SAVITARPIO ~VEJYBOS SANTYKIq TARP FARERU SALq IR LIETUVOS

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Transcription:

DANIJOS VYRIAUSYBES LIETUVOS RESPUBLIKOS VYRIAUSYBES, IS VIENOS puses, IR IR FARERq SALq VIETINES VYRIAUSYBES, IS KITOS PUSES, SUSITARlMAS DEL SAVITARPIO ~VEJYBOS SANTYKIq TARP FARERU SALq IR LIETUVOS AFTALE MELLEM REPUBLIKKEN LITAUENS REGERING PA DEN ENE SIDE OG DANMARKS REGERING OG FmR0ERNES LANDSSTYRE PA DEN ANnEN SIDE OM GENSIDIGE FISKERIRELATIONER MELLEM LITAUEN OG FmR0ERNE SATTMALI MILLUM STJORN L?DVELDISINS LITAVIA 0DRUMEGIN OG R!KISSTJORN DANMARKAR OG F0ROYA LANDSST?RI HINUMEGIN UM S!NAMILLUM FISKISKAP MILLUM LITAVIA OG F0ROYAR AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA OF THE ONE PART AND THE GOVERNMENT OF DENMARK AND THE HOME GOVERNMENT OF THE FAROE ISLANDS OF THE OTHER PART ON MUTUAL FISHERIES RELATIONS BETWEEN LITHUANIA AND THE FAROE ISLANDS

The Government of Lithuania of the one part and the Government of Denmark and the Home Government of the Faroe Islands of the other part hereafter referred to as "The Parties" RECALLING the status of the Faroe Islands as a self-governing part of the Kingdom of Denmark; CONSIDERING the vital importance for the Faroe Islands of fisheries which constitute their essential economic activity; CONSIDERING their common desire to ensure the conservation and rational management of the fish stocks of the waters adjacent to the~r coasts; TAKING into account the United Nations Convention on the Law of the Sea of 10 Oecember 1982; AFFIRMING that the extension by coastal states of their areas of jurisdiction over the living resources, and the exercise within these areas of sovereign rights for the purpose of exploring, exploiting, conserving and managing these resources, should be conducted pursuant to and in accordance with principles of international law; HAVING REGARD to the fact that Lithuania has a fishery zone in the Baltic Sea and that there is around the Faroe Islands a fishery zone extending to 200 nautical miles off the coast, within which zones Lithuania and the Faroe Islands respectively exercise sovereign rights for the purpose of exploring, exploiting, conserving and managing the living resources thereof; DESIROUS of establishing the terms and conditions pertaining to fisheries of mutual concern HAVE AGREED AS FOLLOWS: Article 1 Each Party shall grant access to fishing vessels of the other Party to fish within its area of fisheries jurisdiction in accordance with the provisions set out below. Article 2 Each Party shall, as appropriate, determine annually for its area of fisheries jurisdiction, subject to adjustment when necessary to meet unforeseen circumstances, and on the basis of the need for rational management of the living resources: a) the total allowable catch for individual stocks or complexes of stocks, taking into account the best scientific evidence available to it, the interdependence of stocks, the work of appropriate international organizations and other relevant factors; b) after appropriate consultations, allotments for fishing vessels of the other Party and the areas within which

these allotments may be fished. The two Parties shall have as their aim the realization of the satisfactory balance between their fishing possibilities in their respective fishery zones. In determining these fishing possibilities, each Party shall take into account: (tj (ii) (iii) the habitual catches of both Parties, the need to minimize difficulties for both Parties in the case where fishing possibilities would be reduced,. all other relevant factors. The measures to regulate fisheries taken by each Party for the purpose of conservation by maintaining fish stocks at, or restoring them to, levels which can produce the maximum sustainable yield shall not be of such a nature as to jeopardize the full exercise of the fishing rights allocated under the Agreement. Article 3 Each Party may require that fishing in its area of fisheries jurisdiction by fishing vessels of the other Party shall be subject to licence. The competent authority of each Party shall, as appropriate, communicate in due time to the other Party the name, registration number, and other relevant particulars of the fishing vessels which shall be eligible to fish within the area of fisheries jurisdiction of the other Party. The second Party shall thereupon issue such licences in a manner commensurate with the possibilities for fishing granted under th~ prov1s1~na of Article 2(b). Article 4 1. Fishing vessels of one Party shall, when fishing within the area of fisheries jurisdiction of the other Party, comply with the conservation measures and other terms and conditions established by that Party and with the rules and regulations of that Party in ~espe~t o~ fisher~e 2. Appropr~ate advance notice shall be given of any new terms, conditions, laws or regulations. Article 5 1. Each Party shall t~ke. all necessary measures to ensure compliance with the provisions of this Agreement and other relevant regulations by its vessels. 2. Each Party may take within its area of fisheries jurisdiction such measures, in conformity with international law, as may be necessary to ensure compliance with the provisions of this Agreement by vessels of the other Party.

Article 6 The Parties undertake to cooperate to ensure proper management and conservation of the living resources of the sea, and to facilitate the necessary scientific research in this respect, both bilaterally and through appropriate international bodies, particularly in relation to stocks of common interest occurring in areas within the fi~heries jurisdiction of either Party and in the areas beyond and adjacent to such areas. Article; The Parties agree to consult on questions relating to the implementation and proper functioning of this Agreement. In the event of a dispute concerning the interpretation or application of this Agreement, such a dispute shall be the subject of consultations between the Parties. Article 8 Nothing in the present Agreement shall affect or prejudice in any manner the views of either Party with respect to any question relating to the Law of the Sea. Article 9 The Parties shall assist in fisheries cooperation between interested organizations, cooperatives and companies in cases, where there is a mutual interest. Article 10 The present Agreement shall apply, on the one hand, to Lithuania and, on the other hand, to the Faroe Islands. Article 11 This Agreement shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for this purpose. Pending its entry into force it shall be 4Pplied provisionally with effect from 3rd March 1992. Article 12 This Agreement shall remain in force for an initial period of 5 years after the date of its entry into force. In the event of the Agreement not being terminated by either Party through notice of termination given at least nine months before the expiry of that period, it shall remain in force for additional periods of 2 years' duration thereafter, provided that notice of termination has not been given at least six months before the expiry of any such period. Article 13 This Agreement is drawn up in three copies in the Lithuanian, Danish, Faroese and English languages, each of these texts being equally authentic. In the event of interpretation differences, the English version of the Agreement should be considered as basis.

Sudaryta Torchavene, 1993 Underskrevet i T6rshavn, den 15. februar 1993 Undirrita3ur i T6rshavn, tann 15. februar 1993 Signed in T6rshavn on 15th February, 1993 Lietuvos Respublikos Vyr1ausybes vardu For Litauens regering Fyri stj6rn Litavia For the Government of Lithuania Danijos Vyriausybes vardu For Danmarks regering Fyri rikisstj6rn Danmarkar For the Government of Denmark Farer~ Sal~ vietinea Vyriausybes vardu For F.reernea landastyre Fyri F.roya landaatfr1. For the Ba.e Govero-eDt of the Faroe Islands..~~.