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Fisheries Convention

Done at London on 9 March 1964

Entered into Force 15 March 1966

The Governments of Austria, Belgium, Denmark, the French
Republic, the Federal Republic of Germany, Ireland, Italy,
Luxembourg, the Netherlands, Portugal, Spain, Sweden and the
United Kingdom of Great Britain and Northern Ireland,

DESIRING to define a regime of fisheries of a permanent
character;

HAVE AGREED as follows:

Article 1

1. Each Contracting Party recognizes the right of any other
Contracting Party to establish the fishery regime described in
Articles 2 to 6 of the present Convention.

2. Each Contracting Party retains however the right to maintain
the fishery regime which it applies at the date on which the
present Convention is opened for signature, if this regime is
more favourable to the fishing of other countries than the
regime described in Articles 2 to 6.

Article 2

The coastal State has the exclusive right to fish and exclusive
jurisdiction in matters of fisheries within the belt of six
miles measured from the baseline of its territorial sea.

Article 3

Within the belt between six and twelve miles measured from the
baseline of the territorial sea, the right to fish shall be
exercised only by the coastal State and by such other
Contracting Parties, the fishing vessels of which have
habitually fished in that belt between 1st January, 1953 and
31st December 1962.

Article 4

Fishing vessels of the Contracting Parties, other than the
coastal State, permitted to fish under Article 3, shall not
direct their fishing effort towards stocks of fish or fishing
grounds substantially different from those which they have
habitually exploited. The coastal State may enforce this rule.

Article 5

1. Within the belt mentioned in Article 3 the coastal State has
the power to regulate the fisheries and to enforce such
regulations, including regulations to give effect to
internationally agreed measures of conservation, provided that
there shall be no discrimination in form or in fact against
fishing vessels of other Contracting Parties fishing in
conformity with Articles 3 and 4.

2. Before issuing regulations, the coastal State shall inform
the other Contracting Parties concerned and consult those
Contracting Parties, if they so wish.

Article 6

Any straight baseline or bay closing line which a Contracting
Party may draw shall be in accordance with the rules of general
international law and in particular with the provisions of the
Convention on the Territorial Sea and the Contiguous Zone opened
for signature at Geneva on 29th April, 1958.

Article 7

Where the coasts of two Contracting Parties are opposite or
adjacent to each other, neither of these Contracting Parties is
entitled, failing agreement between them to the contrary, to
establish a fisheries regime beyond the median line, every point
of which is equidistant from the nearest points on the low water
lines of the coasts of the Contracting Parties concerned.

Article 8

1. Once a Contracting Party applies the regime described in
Articles 2 to 6, any right to fish which it may thereafter grant
to a State not a Contracting Party shall extend automatically to
the other Contracting Parties, whether or not they could claim
this right by virtue of habitual fishing, to the extent that the
State not a Contracting Party avails itself effectively and
habitually of that right.

2. If a Contracting Party which has established the regime
described in Articles 2 to 6 should grant to another Contracting
Party any right to fish which the latter cannot claim under
Articles 3 and 4, the same right shall extend automatically to
all other Contracting Parties.

Article 9

1. In order to allow fishermen of other Contracting Parties, who
have habitually fished in the belt provided for in Article 2 to
adapt themselves to their exclusion from that belt, a
Contracting Party which establishes the regime provided for in
Articles 2 to 6, shall grant to such fishermen the right to fish
in that belt for a transitional period, to be determined by
agreement between the Contracting Parties concerned.

2. If a Contracting Party establishes the regime described in
Articles 2 to 6, it may, notwithstanding the provisions of
Article 2, continue to accord the right to fish in the whole or
part of the belt provided for in Article 2 to other Contracting
Parties of which the fishermen have habitually fished in the
area by reason of voisinage arrangements.

Article 10

Nothing in the present Convention shall prevent the maintenance
or establishment of a special regime in matters of fisheries:

(a) as between States Members and Associated States of the
European Economic Community,

(b) as between States Members of the Benelux Economic Union,

(c) as between Denmark, Norway and Sweden,

(d) as between France and the United Kingdom of Great Britain
and Northern Ireland in respect of Granville Bay and the
Minquiers and the Ecrehos,

(e) as between Spain, Portugal and their respective neighbouring
countries in Africa,

(f) in the Skagerrak and the Kattegat.

Article 11

Subject to the approval of the other Contracting Parties, a
coastal State may exclude particular areas from the full
application of Articles 3 and 4 in order to give preference to
the local population if it is overwhelmingly dependent upon
coastal fisheries.

Article 12

The present Convention applies to the waters adjacent to the
coasts of the Contracting Parties listed in Annex I. This Annex
may be amended with the consent of the Governments of the
Contracting Parties. Any proposal for amendment shall be sent to
the Government of the United Kingdom of Great Britain and
Northern Ireland which shall notify it to all Contracting
Parties, and inform them of the date on which it enters into
force.

Article 13

Unless the parties agree to seek a solution by another method of
peaceful settlement, any dispute which may arise between
Contracting Parties concerning the interpretation or application
of the present Convention shall at the request of any of the
parties be submitted to arbitration in accordance with the
provisions of Annex II to the present Convention.

Article 14

1. The present Convention shall be open for signature from 9th
March, 1964 to 10th April, 1964. It shall be subject to
ratification or approval by the signatory Governments, in
accordance with their respective constitutional procedures. The
instruments of ratification or approval shall be deposited as
soon as possible with the Government of the United Kingdom of
Great Britain and Northern Ireland.

2. The present Convention shall enter into force upon the
deposit of instruments of ratification or approval by eight
signatory Governments. If, however, on 1st January, 1966, this
condition is not fulfilled, those Governments which have
deposited their instruments of ratification or approval may
agree by special protocol on the date on which the Convention
shall enter into force. In either case the Convention shall
enter into force with respect to any Government that ratifies or
approves thereafter on the date of deposit of its instrument of
ratification or approval.

3. Any State may at any time after the Convention has come into
force accede thereto upon such conditions as may be agreed by it
with the Contracting Parties. Accession on the conditions agreed
shall be effected by notice in writing addressed to the
Government of the United Kingdom of Great Britain and Northern
Ireland.

4. The Government of the United Kingdom of Great Britain and
Northern Ireland shall inform all signatory and acceding
Governments of all instruments of ratification or approval
deposited and accessions received and shall notify signatory and
acceding Governments of the dates on which and the Governments
in respect of which the present Convention enters into force.

Article 15

The present Convention shall be of unlimited duration. However
at any time after the expiration of a period of twenty years
from the initial entry into force of the present Convention, any
Contracting Party may denounce the Convention by giving two
years' notice in writing to the Government of the United Kingdom
of Great Britain and Northern Ireland. The latter shall notify
the denunciation to the Contracting Parties.

Annex I

The coasts of the Contracting Parties to which the Convention
applies are the following:

Belgium

All coasts

France

The North Sea and the English Channel coasts and the European Atlantic coasts.

Federal Republic of Germany

The North Sea coast.

Ireland

All coasts.

Netherlands

The North Sea coast.

Portugal

The Atlantic coast, north of the 36th Parallel, and
the coast of Madeira.

Spain

The Atlantic coast, north of the 36th Parallel.

Sweden

The west coast, north of a line drawn from the Kullen to Gilbierg Head.

United Kingdom

All coasts, including those of the Isle of Man
and The Channel Islands

Annex II

ARBITRATION

Article 1

1. Within three months of the signature of the Convention, or of
accession thereto, each signatory or acceding Government shall
nominate five persons prepared to undertake the duties of
arbiters and being nationals of a Member State of the
Organisation for Economic Co-operation and Development.

2. The persons thus nominated shall be included in a list, which
shall be notified by the Government of the United Kingdom of
Great Britain and Northern Ireland to all signatory and acceding
Governments.

3. Any change in the list of arbiters shall be notified in the
same manner.

4. The same person may be nominated by more than one Government.

5. The arbiters shall be nominated for a term of six years,
which may be renewed.

6. In the event of death or resignation of an arbiter he shall
be replaced in the manner fixed for his nomination and for a new
period of six years.

Article 2

1. The party requesting arbitration in accordance with this
Annex shall inform the other party of the claim which it intends
to submit to arbitration, and give a summary statement of the
grounds on which such claim is based.

2. The Arbitral Tribunal shall consist of five members. The
parties shall each nominate one member, who may be chosen from
among their respective nationals. The other three arbiters,
including the President, shall be chosen by agreement between
the parties from among the nationals of third States whose names
appear in the list mentioned in Article 1.

Article 3

If the nomination of the members of the Arbitral Tribunal is not
made within a period of one month from the date on which
arbitration was first requested, the task of making the
necessary nominations shall be entrusted to the President of the
International Court of Justice. Should the latter be a national
of one of the parties to the dispute, this task shall be
entrusted to the Vice-President of the Court or to the next
senior judge of the Court who is not a national of the parties.

Article 4

The arbiters to be nominated by the President of the
International Court of Justice shall be chosen from among the
nationals of the States Members of the Organisation for Economic
Co-operation and Development and preferably from the list
provided for in Article 1. The President of the International
Court of Justice shall consult beforehand the parties to the
dispute, and may consult the Director General of the Food and
Agriculture Organisation of the United Nations and the President
of the International Council for the Exploration of the Sea. The
arbiters shall be of different nationalities.

Article 5

The parties may draw up a special agreement determining the
subject of the dispute and the details of procedure.

Article 6

In the absence of sufficient particulars in a special agreement
or in the present Annex regarding the questions mentioned in
Article 5 of the present Annex, the provisions of Articles 59-82
of the Hague Convention for the Pacific Settlement of
International Disputes of 18th October, 1907 shall apply as far
as possible.

Article 7

The parties shall facilitate the work of the Arbitral Tribunal,
and in particular shall supply it to the greatest possible
extent with all relevant documents and information. They shall
use the means at their disposal to allow it to proceed in their
territory, and in accordance with their law, to the summoning
and hearing of witnesses or experts and to visit the localities
in question.

Article 8

In the absence of agreement to the contrary between the parties,
the decisions of the Arbitral Tribunal, shall be taken by
majority vote and, except in relation to questions of procedure,
decisions shall be valid only if all members are present. The
voting shall not be disclosed, nor any dissenting or separate
opinions.

Article 9

1. During the proceedings, each member of the Arbitral Tribunal
shall receive emoluments, the amount of which shall be fixed by
agreement between the parties, each of which shall contribute an
equal share.

2. The expenses of the Arbitral Tribunal shall be divided in the
same manner.

Article 10

The validity of legal measures which entered into force before
the date on which the Convention was opened for signature shall
not be questioned in proceedings before the Arbitral Tribunal.

Article 11

1. In the case of a dispute based on an allegation of injury to
private interests which, according to the municipal law of one
of the parties, falls within the competence of its judicial
administrative authorities, the party in question may object to
the dispute being submitted for settlement by the procedure laid
down in this Annex until a decision with final effect has been
pronounced, within a reasonable time, by the competent
authority.

2. If a decision with final effect has been pronounced in the
State concerned, it will no longer be possible to resort to the
procedure laid down in this Annex after the expiration of a
period of five years from the date of the aforementioned
decision.

Article 12

If the execution of an award of the Arbitral Tribunal would
conflict with a judgment or measure enjoined by a court of law
or other authority of one of the parties to the dispute, and if
the municipal law of that party does not permit, or only
partially permits, the consequences of the judgment or measure
in question to be annulled, the Arbitral Tribunal shall, if
necessary, grant the injured party equitable satisfaction.

Article 13

1. In all cases where a dispute forms the subject of
arbitration, and particularly if the question on which the
parties differ arises out of acts already committed or on the
point of being committed, the Arbitral Tribunal shall lay down
within the shortest possible time the provisional measures to be
adopted. The parties to the dispute shall be bound to accept
such measures.

2. The parties shall abstain from all measures likely to react
prejudicially upon the execution of the award of the Arbitral
Tribunal and, in general, shall abstain from any sort of action
whatsoever which may aggravate or extend the dispute.

Article 14

1. As soon as the Arbitral Tribunal is constituted, the
President shall inform the Contracting Parties of the dispute
submitted to it.

2. Any Contracting Party may intervene, within a month from the
date of receipt of this notification if it establishes a
legitimate interest in the settlement of the dispute.
Intervention shall be with the sole object of supporting or
contesting the contentions, or part of the contentions, of the
original parties to the dispute. An intervention shall not lead
to modification of the original composition of the Arbitral
Tribunal.

Article 15

Each of the Contracting Parties shall comply with the award of
the Arbitral Tribunal in any dispute to which it is a party.

IN WITNESS WHEREOF the undersigned, being duly authorised
thereto, have signed the present Convention.

DONE at London this ninth day of March, 1964, in the English and
French languages, each text being equally authoritative, in a
single original which shall be deposited in the archives of the
Government of the United Kingdom of Great Britain and Northern
Ireland, which shall transmit a certified true copy thereof to
each signatory and acceding Government.

PROTOCOL OF PROVISIONAL APPLICATION OF THE FISHERIES CONVENTION
OF 9 MARCH 1964.

Done at London, on 9 March 1964

The Governments of Austria, Belgium, Denmark, the French
Republic, the Federal Republic of Germany, Ireland, Italy,
Luxembourg, the Netherlands, Portugal, Spain, Sweden and the
United Kingdom of Great Britain and Northern Ireland,

HAVE AGREED as follows:

Article 1

The Contracting Parties will raise no objection if a Government
which has ratified or approved the Fisheries Convention opened
for signature at London on 9th March, 1964, applies
provisionally the provisions of the Convention, having first
notified its decision to the Government of the United Kingdom of
Great Britain and Northern Ireland.

Article 2

1. The provisional application of the provisions of the
Fisheries Convention by a Contracting Party will entail the
establishment of the list of arbiters provided for in Article 1
of Annex II to the Convention.

2. A Contracting Party which has provisionally applied the
provisions of the Convention shall be bound by its provisions,
in particular Article 13, and shall not object if they are
invoked by a Government which has signed the present Protocol
and the Convention, even if the latter Government has not yet
ratified or approved the Convention, with a view to settling a
dispute raised by this provisional application.

Article 3

The present Protocol shall be open for signature from 9th March,
1964 to 10th April, 1964. It shall enter into force, when it has
been signed by two Governments as between those Governments, and
in respect of any Government which signs it thereafter on the
date of signature by that Government.

Article 4

1. Upon the entry into force of the Convention, the present
Protocol shall automatically cease to have effect as between
Governments which have become parties to the Convention.

2. The present Protocol shall cease to have effect in respect of
any Government which notifies the Government of the United
Kingdom of Great Britain and Northern Ireland of its decision
not to ratify or approve the Convention.

Article 5

The Government of the United Kingdom of Great Britain and
Northern Ireland shall immediately inform all the signatories of
the present Protocol of each notification received in accordance
with Article 1 or with paragraph (2) of Article 4.

IN WITNESS WHEREOF the undersigned, being duly authorised
thereto, have signed the present Protocol.

DONE at London this ninth day of March, 1964, in the English and
French languages, each text being equally authoritative, in a
single original which shall be deposited in the archives of the
Government of the United Kingdom of Great Britain and Northern
Ireland, which shall transmit a certified true copy thereof to
each signatory and acceding Government.