title: 2006/734/EC: Council Decision of 27 June 2005 on the signing and provisional application of the Agreement between the European Community and the Republic of Chile on certain aspects of air services

text:
               31.10.2006

               EN

               Official Journal of the European Union

               L 300/45

         COUNCIL DECISION
   of 27 June 2005
   on the signing and provisional application of the Agreement between the European Community and the Republic of Chile on certain aspects of air services
   (2006/734/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Council decided on 5 June 2003 to authorise the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               The Commission has negotiated on behalf of the Community an Agreement with the Republic of Chile on certain aspects of air services in accordance with the mechanisms and directives in the Annex to that Decision.

               (3)

               Subject to its possible conclusion at a later date, the Agreement negotiated by the Commission should be signed and provisionally applied,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Republic of Chile on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the Parties have notified each other of the completion of the necessary procedures for this purpose.
   Article 4
   The President of the Council is hereby authorised to make the notification provided in Article 8(2) of the Agreement.

      Done at Luxembourg, 27 June 2005.

            For the Council

            The President

         L. LUX

    ---documentbreak---

               31.10.2006

               EN

               Official Journal of the European Union

               L 300/46

         AGREEMENT
   between the European Community and the Republic of Chile on certain aspects of air services
   THE EUROPEAN COMMUNITY (hereinafter referred to as the Community),
   of the one part, and
   THE REPUBLIC OF CHILE,
   of the other part,
   (hereinafter referred to as the Parties),
   NOTING that bilateral air service agreements have been concluded between 10 Member States and the Republic of Chile containing provisions contrary to Community law,
   NOTING that the Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States and third countries,
   NOTING that under Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States and third countries,
   HAVING REGARD to the agreements between the Community and certain third countries providing for the possibility for nationals of such third countries to acquire ownership in air carriers licensed by the Member States,
   RECOGNISING that provisions of the bilateral air service agreements between Member States and the Republic of Chile, which are contrary to Community law, must be brought into full conformity with it in order to establish a sound legal basis for air services between the Community and the Republic of Chile and to preserve the continuity of such air services,
   NOTING that it is not a purpose of the Community, as part of these negotiations, to increase the total volume of air traffic between the Community and the Republic of Chile, to affect the balance between Community air carriers and air carriers of the Republic of Chile, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General Provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the Community. ‘CLAC Member States’ shall mean Member States of the Latin American Civil Aviation Commission.
   2.   References in each of the agreements listed in Annex I to nationals of the Member State that is a party to that agreement shall be understood as referring to nationals of the Member States.
   3.   References in each of the agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation, authorisation and revocation
   1.   The provisions in paragraphs 2 and 3 shall supersede the corresponding provisions in the Articles listed in Annex II(1) and (2) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by the Republic of Chile, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively. The provisions in paragraphs 4 and 5 shall supersede the corresponding provisions in the articles listed in Annex II(1) and (2) respectively, in relation to the designation of an air carrier by the Republic of Chile, its authorisations and permissions granted by the Member State, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, the Republic of Chile shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (a)

               the air carrier is established in the territory of the designating Member State under the Treaty establishing the European Community and has a valid operating licence in accordance with Community law;

               (b)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its air operators certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (c)

               the air carrier is owned and shall continue to be owned directly or through majority ownership by Member States and/or nationals of Member States, or by other States listed in Annex III and/or nationals of such other States, and shall at all times be effectively controlled by such States and/or such nationals.

         3.   The Republic of Chile may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (a)

               the air carrier is not established in the territory of the designating Member State under the Treaty establishing the European Community or does not have a valid operating licence in accordance with Community law; or

               (b)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its air operators certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

               (c)

               the air carrier is not owned and effectively controlled directly or through majority ownership by Member States and/or nationals of Member States, or by other States listed in Annex III and/or nationals of such other States; or

               (d)

               the Republic of Chile demonstrates that, by exercising traffic rights under this Agreement on a route that includes a point in another Member State, the air carrier would be circumventing restrictions on traffic rights imposed by a bilateral agreement between the Republic of Chile and that other Member State; or

               (e)

               the air carrier holds an air operators certificate issued by a Member State and there is no bilateral air services agreement between the Republic of Chile and that Member State, and traffic rights to that Member State have been denied to the air carrier designated by the Republic of Chile.

         In exercising its right under this paragraph, the Republic of Chile shall not discriminate between Community air carriers on the grounds of nationality.
   4.   On receipt of a designation by the Republic of Chile, a Member State shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (a)

               the air carrier is established in the Republic of Chile; and

               (b)

               the Republic of Chile has and maintains effective regulatory control of the air carrier and is responsible for issuing its air operators certificate; and

               (c)

               the air carrier is owned and effectively controlled directly or through majority ownership by CLAC Member States and/or nationals of CLAC Member States, unless more favourable provisions have been agreed in the bilateral air services agreement between that Member State and the Republic of Chile.

         5.   A Member State may refuse, revoke, suspend or limit the authorisation or permissions of an air carrier designated by the Republic of Chile where:

               (a)

               the air carrier is not established in the Republic of Chile; or

               (b)

               effective regulatory control of the air carrier is not exercised or not maintained by the Republic of Chile or the Republic of Chile is not responsible for issuing its air operators certificate; or

               (c)

               the air carrier is not owned and effectively controlled directly or through majority ownership by CLAC Member States and/or nationals of CLAC Member States, unless more favourable provisions have been agreed in the bilateral air services agreement between that Member State and the Republic of Chile; or

               (d)

               the Member State demonstrates that, by exercising traffic rights under this Agreement on a route that includes a point in another CLAC Member State, the air carrier would be circumventing restrictions on the traffic rights imposed by a bilateral agreement between the Member State and that other CLAC Member State.

         Article 3
   Rights with regard to regulatory control
   1.   Paragraph 2 shall complement the articles listed in Annex II(3).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of the Republic of Chile under the safety provisions of the agreement between the Member State that has designated the air carrier and the Republic of Chile shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Taxation of aviation fuel
   1.   The provisions in paragraph 2 shall complement the corresponding provisions in the articles listed in Annex II(4).
   2.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex II(4) shall prevent Member States from imposing on a non-discriminatory basis taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of the Republic of Chile that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
   3.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex II(4) shall prevent the Republic of Chile from imposing on a non-discriminatory basis taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of a Member State that operates between a point in the territory of the Republic of Chile and another point in the territory of the Republic of Chile or in the territory of another CLAC Member State.
   Article 5
   Tariffs for carriage
   1.   Paragraph 2 shall complement the articles listed in Annex II(5).
   2.   The tariffs to be charged by the air carrier(s) designated by the Republic of Chile under an agreement listed in Annex I containing a provision listed in Annex II(5) for carriage wholly within the Community shall be subject to Community law. Community law is applied on a non discriminatory basis.
   3.   The tariffs to be charged by the air carrier(s) designated by a Member State under an agreement listed in Annex I containing a provision listed in Annex II(5) for carriage between the Republic of Chile and another CLAC Member State shall be subject to Chilean law concerning price leadership and applied on a non-discriminatory basis.
   Article 6
   Annexes to this Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 7
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 8
   Entry into force and provisional application
   1.   This Agreement shall enter in force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
   3.   Agreements and other arrangements between Member States and the Republic of Chile which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(2). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
   Article 9
   Termination
   1.   In the event that an agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at Luxembourg in duplicate, on the sixth day of October in the year two thousand and five, in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish, and Swedish languages.

         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per Ia Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen

         Por la República de Chile
         Za Chilskou republiku
         For Republikken Chile
         Für die Republik Chile
         Tšiili Vabariigi nimel
         Για τη Δημοκρατία της Χιλής
         For the Republic of Chile
         Pour la République du Chili
         Per la Repubblica del Cile
         Čīles Republikas vārdā
         Čilės Respublikos vardu
         A Chilei Köztársaság részéről
         Għar-Repubblika taċ-Ċili
         Voor de Republiek Chili
         W imieniu Republiki Chile
         Pela República do Chile
         Za Čilskú republiku
         Za Republiko Čile
         Chilen tasavallan puolesta
         För Republiken Chile

   ANNEX I
   List of agreements referred to in Article 1

               1.

               Air service agreements between the Republic of Chile and Member States which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally

                           —

                           Air Services Agreement between the Government of the Republic of Chile and the Government of the Kingdom of Belgium, signed at Brussels on 13 September 2001, hereinafter referred to as ‘Chile-Belgium Agreement’,

                           —

                           Air Services Agreement between the Government of the Kingdom of Denmark and the Government of the Republic of Chile, signed at Copenhagen on 27 June 2001, hereinafter referred to as ‘Chile-Denmark Agreement’,

                           —

                           Agreement between the Governments of the Republic of Chile and the Republic of France concerning air services between and beyond their respective territories, signed at Paris on 6 December 1979, hereinafter referred to as ‘Chile-France Agreement’,

                           —

                           Air Transport Agreement between the Federal Republic of Germany and the Republic of Chile, signed at Santiago de Chile on 30 March 1964, as amended, hereinafter referred to as ‘Chile-Germany Agreement’,

                           —

                           Air Services Agreement between the Government of the Republic of Chile and the Government of the Italian Republic, signed at Rome on 27 February 2002, hereinafter referred to as ‘Chile-Italy Agreement’,

                           —

                           Agreement between the Government of the Grand-Duchy of Luxembourg and the Government of the Republic of Chile concerning air services between their respective territories, signed at Luxembourg on 25 February 2002, hereinafter referred to as ‘Chile-Luxembourg Agreement’,

                           —

                           Air Services Agreement between the Kingdom of the Netherlands and the Republic of Chile, signed at Santiago de Chile on 13 July 1962, hereinafter referred to as ‘Chile-Netherlands Agreement’,

                           —

                           Draft Air Services Agreement between the Republic of Chile and the Kingdom of the Netherlands for air services between their respective territories, initialled and attached as Annex B to the Agreed Minutes of the Aeronautical Consulting Meeting between the Netherlands and Chile signed at Santiago de Chile on 12 April 2001, hereinafter referred to as ‘Draft Revised Chile-Netherlands Agreement’,

                           —

                           Agreement between the Government of Chile and the Government of Spain concerning commercial air transport services, signed at Santiago de Chile on 17 December 1974, hereinafter referred to as ‘Chile-Spain Agreement’,

                           —

                           Air Services Agreement between the Government of the Republic of Chile and the Government of the Kingdom of Sweden, signed in Copenhagen on 27 June 2001, hereinafter referred to as ‘Chile-Sweden Agreement’,

                           —

                           Agreement between the Republic of Chile and the United Kingdom of Great Britain and Northern Ireland concerning air services, signed at Santiago de Chile on 16 September 1947, hereinafter referred to as ‘Chile-UK Agreement’,

                           —

                           Draft Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Chile concerning air services, initialled and attached as Annex B to the Memorandum of Understanding between the aeronautical authorities of the United Kingdom and Chile signed at Santiago de Chile on 31 May 2000, hereinafter referred to as ‘Draft Revised Chile-UK Agreement’.

               2.

               Air service agreements and other arrangements initialled or signed between the Republic of Chile and Member States which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally

         ANNEX II
   List of articles in the agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement

               1.

               Designation by a Member State:

                           —

                           Article 3 of the Chile-Belgium Agreement,

                           —

                           Article 3 of the Chile-Denmark Agreement,

                           —

                           Article 4 of the Chile-France Agreement,

                           —

                           Article 3 of the Chile-Germany Agreement,

                           —

                           Article 3 of the Chile-Italy Agreement,

                           —

                           Article 3 of the Chile-Luxembourg Agreement,

                           —

                           Article 3 of the Draft Revised Chile-Netherlands Agreement,

                           —

                           Article 3 of the Chile-Spain Agreement,

                           —

                           Article 3 of the Chile-Sweden Agreement,

                           —

                           Article 4 of the Draft Revised Chile-UK Agreement.

               2.

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 4 of the Chile-Belgium Agreement,

                           —

                           Article 4 of the Chile-Denmark Agreement,

                           —

                           Article 5 of the Chile-France Agreement,

                           —

                           Article 4 of the Chile-Germany Agreement,

                           —

                           Article 4 of the Chile-Italy Agreement,

                           —

                           Article 4 of the Chile-Luxembourg Agreement,

                           —

                           Article V of the Chile-Netherlands Agreement,

                           —

                           Article 4 of the Draft Revised Chile-Netherlands Agreement,

                           —

                           Article 4 of the Chile-Spain Agreement,

                           —

                           Article 4 of the Chile-Sweden Agreement,

                           —

                           Article 4 of the Chile-UK Agreement,

                           —

                           Article 5 of the Draft Revised Chile-UK Agreement.

               3.

               Regulatory control:

                           —

                           Article 6 of the Chile-Belgium Agreement,

                           —

                           Article 14 of the Chile-Denmark Agreement,

                           —

                           Annex 3 to the Protocol between the aeronautical authorities of the Federal Republic of Germany and the Republic of Chile, signed at Berlin on 2 April 1998 — as applied provisionally in the framework of the Germany-Chile Agreement,

                           —

                           Article 6 of the Chile-Italy Agreement,

                           —

                           Article 6 of the Chile-Luxembourg Agreement,

                           —

                           Article 6 of the Draft Revised Chile-Netherlands Agreement,

                           —

                           Article 14 of the Chile-Sweden Agreement,

                           —

                           Article 14 of the Draft Revised Chile-UK Agreement.

               4.

               Taxation of aviation fuel:

                           —

                           Article 9 of the Chile-Belgium Agreement,

                           —

                           Article 6 of the Chile-Denmark Agreement,

                           —

                           Article 10 of the Chile-France Agreement,

                           —

                           Article 6 of the Chile-Germany Agreement,

                           —

                           Article 9 of the Chile-Italy Agreement,

                           —

                           Article 15 of the Chile-Luxembourg Agreement,

                           —

                           Article III of the Chile-Netherlands Agreement,

                           —

                           Article 15 of the Draft Revised Chile-Netherlands Agreement,

                           —

                           Article 5 of the Chile-Spain Agreement,

                           —

                           Article 6 of the Chile-Sweden Agreement,

                           —

                           Article 8 of the Draft Revised Chile-UK Agreement.

               5.

               Tariffs for carriage within the Community:

                           —

                           Article 12 of the Chile-Belgium Agreement,

                           —

                           Article 10 of the Chile-Denmark Agreement,

                           —

                           Article 9 of the Chile-France Agreement,

                           —

                           Article 8 of the Chile-Germany Agreement,

                           —

                           Article 12 of the Chile-Italy Agreement,

                           —

                           Article 14 of the Chile-Luxembourg Agreement,

                           —

                           Article 14 of the Draft Revised Chile-Netherlands Agreement,

                           —

                           Article 8 of the Chile-Spain Agreement,

                           —

                           Article 10 of the Chile-Sweden Agreement,

                           —

                           Article 9 of the Chile-UK Agreement,

                           —

                           Article 7 of the Draft Revised Chile-UK Agreement.

         ANNEX III
   List of other States referred to in Article 2

               1.

               The Republic of Iceland (under the Agreement on the European Economic Area);

               2.

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               3.

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               4.

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


title: 2011/570/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the Community Fisheries Control Agency for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/135

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the Community Fisheries Control Agency for the financial year 2009
   (2011/570/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the Community Fisheries Control Agency for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the Community Fisheries Control Agency for the financial year 2009, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency (3), and in particular Article 36 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Fisheries (A7-0118/2011),

               1.

               Grants the Executive Director of the Community Fisheries Control Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the Community Fisheries Control Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 1.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 128, 21.5.2005, p. 1.

      (4)  OJ L 357, 31.12.2002, p. 72.
    ---documentbreak---

               27.9.2011

               EN

               Official Journal of the European Union

               L 250/136

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Community Fisheries Control Agency for the financial year 2009
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the Community Fisheries Control Agency for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the Community Fisheries Control Agency for the financial year 2009, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency (3), and in particular Article 36 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Fisheries (A7-0118/2011),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2009 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 5 May 2010 Parliament granted the Executive Director of the Community Fisheries Control Agency discharge for implementation of the Agency’s budget for the financial year 2008 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           drew attention to the need for the Agency to remedy the shortcomings in the programming of its activities so that in future the procedures for drafting the budget are sufficiently rigorous and obviate any need to increase and/or decrease the appropriations against its budget headings,

                           —

                           noted that the Agency did not draw up a multiannual work programme,

               C.

               whereas the budget of the Agency for the year 2009 was EUR 10 100 000, which is an increase of 18 % on the financial year 2008,

      Performance

               1.

               Congratulates the Agency for having adopted its multiannual work programme for 2011-2015 on 19 October 2010; stresses, in fact, the importance of such a document so that the Agency can make effective organisational arrangements to implement its strategy and achieve its goals;

               2.

               Calls once more on the Agency to set out, in a table to be annexed to the Court of Auditors’ next report, a comparison of the operations that were carried out during the year for which discharge is to be granted and during the previous financial year so as to enable the discharge authority to assess more effectively the Agency’s performance from one year to the next;

               3.

               Urges the Agency to improve its annual work programme by including specific and measurable objectives both at policy area level and at operational activity level, and by establishing SMART indicators; calls also on the Agency to develop key performance indicators within the administrative support functions;

               4.

               Calls further on the Agency to consider making a Gantt diagram part of the programming for each of its operational activities, with a view to indicating in concise form the amount of time spent by each staff member on a project and encouraging an approach geared towards achieving results; requests, therefore, the Agency to inform the discharge authority of the progress made in this respect;

               5.

               Recalls that a delegation from the Committee on Fisheries visited the Agency in June 2010 and was very satisfied with the general state of the Agency’s affairs, particularly the execution of the Joint Deployment Plans;

      Human resources

               6.

               Calls on the Agency to redress its weaknesses in recruitment planning; notes, in fact, that the Court of Auditors reported that only 44 out of 55 temporary posts planned have been filled (80 %);

      Internal audit

               7.

               Welcomes the Agency’s initiative to revise its budgetary procedures and associated financial circuits, to designate authorising officers and invest in staff training on financial management;

               8.

               Congratulates the Agency for having set up in 2008 an Internal Audit function (Internal Audit Capability-IAC) which is dedicated to providing support and advice to the Agency’s Executive Director and management on internal control, risk assessment and internal audit; notes that the Agency does not employ a full time IAC but shares this service with the European Maritime Safety Agency (EMSA) in Lisbon; acknowledges, to this end, that a Service Level Agreement between the Agency and EMSA was signed on 17 June 2008; considers, therefore, this shared service to be an example of best practice to be promoted by other agencies;

               9.

               Acknowledges that the IAC performed two audits in 2009, one on the implementation of the Internal Control Standards and the other on the payment cycle; calls on the Agency to inform the discharge authority of the recommendations made by the IAC and the action taken by the Agency;

               10.

               Urges the Executive Director of the Agency to fully fulfil his obligation to include, in his report to the discharge authority summarising the Internal Audit Service (IAS) Report, all recommendations made (including the ones which could possibly be refused by the Agency) and all action taken on these recommendations; calls therefore on the Executive Director of the Agency to provide information on the content of the four ‘very important’ IAS recommendations and the action taken by the Agency;

               11.

               Calls on the Agency to review its Internal Control System to underpin its Executive Director’s annual declaration of assurance and to review all its procedures, both administrative and operational with subsequent documentation of the workflow and key controls; encourages, furthermore, the Agency to establish a risk management function for registering risks and creating plans for mitigating actions;

               12.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2011 (6) on the performance, financial management and control of the agencies.

      (1)  OJ C 338, 14.12.2010, p. 1.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 128, 21.5.2005, p. 1.

      (4)  OJ L 357, 31.12.2002, p. 72.

      (5)  OJ L 252, 25.9.2010, p. 128.

      (6)  Texts adopted, P7_TA(2011)0163 (See page 269 of this Official Journal).


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2010/343/: Council Decision of 3 June 2010 on the signing, on behalf of the European Union, and provisional application of the Understanding between the European Union and the Republic of Chile concerning the conservation of swordfish stocks in the South-Eastern Pacific Ocean - Understanding concerning the conservation of swordfish stocks in the South Eastern Pacific Ocean - Agreement in the form of an Exchange of Letters between the European Union and the Republic of Chile on the provisional application of the understanding concerning the conservation of swordfish stocks in the South-Eastern Pacific Ocean

Official Journal L 155 , 22/06/2010 P. 0001 - 0018

		Council Decisionof 3 June 2010on the signing, on behalf of the European Union, and provisional application of the Understanding between the European Union and the Republic of Chile concerning the conservation of swordfish stocks in the South-Eastern Pacific Ocean(2010/343/EU)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), in conjunction with Article 218(5) thereof,Having regard to the proposal from the European Commission,Whereas:(1) It is the objective of the Union to establish framework cooperation Agreements on fisheries with third Parties to ensure the conservation and sustainable management of species of common interest and the access of Union vessels to third Parties’ ports for operations of transhipment and landings, and for logistical purposes.(2) On 4 April 2008, the Council authorised the Commission to open negotiations with the Republic of Chile for the conservation of swordfish stocks in the South-Eastern Pacific Ocean. The negotiations were successfully concluded by initialling the Understanding concerning the conservation of swordfish stocks in the South-Eastern Pacific Ocean agreed on 15- 16 October 2008 in Brussels as modified by (i) the detailed Annex I to the Understanding as agreed during the bilateral technical meeting on 5- 6 October 2009 in New York; (ii) the Note Verbale of Chile of 23 November 2009 designating the Chilean ports of Arica, Antofagasta and Punta Arenas for access by EU vessels fishing for swordfish on the high seas in the South Eastern Pacific Ocean, in relation to point (xi) of Annex I; and (iii) the agreement that the first meeting of the bilateral Technical and Scientific Committee would take place at the latest on 1 January 2011 (the "Understanding").(3) The Understanding should be signed.(4) In view of the interest of Union vessels fishing for swordfish on the high seas in the South-Eastern Pacific to obtain access to designated Chilean ports without delay, the Understanding should be applied on a provisional basis pending the completion of the procedures for its conclusion. It is, therefore, in the Union's interest to approve the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Chile on the provisional application of the Understanding,HAS ADOPTED THIS DECISION:Article 1The signing of the Understanding between the European Union and the Republic of Chile concerning the conservation of swordfish stocks in the South-Eastern Pacific Ocean agreed on 15- 16 October 2008 in Brussels as modified by (i) the detailed Annex I to the Understanding as agreed during the bilateral technical meeting on 5- 6 October 2009 in New York; (ii) the Note Verbale of Chile of 23 November 2009 designating the Chilean ports of Arica, Antofagasta and Punta Arenas for access by EU vessels fishing for swordfish on the high seas in the South-Eastern Pacific Ocean, in relation to point (xi) of Annex I; and (iii) the agreement that the first meeting of the bilateral Technical and Scientific Committee would take place at the latest on 1 January 2011 ("the Understanding") is hereby approved on behalf of the Union, subject to its conclusion.The text of the Understanding is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to sign the Understanding, on behalf of the Union, subject to its conclusion.Article 3The Agreement in the form of an Exchange of Letters between the European Union and the Republic of Chile on the provisional application of the Understanding is hereby approved on behalf of the Union.The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.Article 4The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the Union, the Agreement in the form of an Exchange of Letters on the provisional application of the Understanding.Article 5This Decision shall enter into force on the day of its adoption.Done at Luxembourg, 3 June 2010.For the CouncilThe PresidentA. Pérez Rubalcaba--------------------------------------------------Understandingconcerning the conservation of swordfish stocks in the South Eastern Pacific Ocean1. The document hereby identified replaces the Provisional Arrangement of 25 January 2001 ("2001 Arrangement") and transforms the interim arrangement into a definitive commitment to cooperate for the long-term conservation and management of the swordfish stocks in the South Eastern Pacific.2. The Understanding is intended to amicably settle the swordfish fishery disputes [1] currently existing between Chile and the European Community (now succeeded by the European Union, EU) in the International Tribunal for the Law of the Sea ("ITLOS") and in the World Trade Organization ("WTO").3. The Parties hereby confirm for the record that the present Understanding shall provide the basic framework for the conservation of swordfish in the South Eastern Pacific Ocean, its management and cooperation thereof.4. The EU/Chile Bilateral Scientific and Technical Committee ("BSTC") will continue to constitute the necessary point of contact in matters of common interest regarding conservation of swordfish and, in order to maximize the efforts on scientific/technical cooperation, shall have the following mandate:(a) To serve as a forum for the exchange of information on the swordfish stocks and fishing activities of the EU and Chile and any other information required for conservation and management decisions.(b) To periodically evaluate the state of stocks, monitor the fishing trends, and assess impacts on non-target species and the marine ecosystem.(c) To review existing conservation measures and advice on possible new ones, including by-catch regulations.(d) To identify research priorities in the context of the Work Programme and draw up any additional programmes, including protocols on data collection.(e) To exchange information and promote the use of environmentally-safe and cost-effective gear.(f) To exchange in advance of the BSTC meeting catch and effort data covering all segments of their respective fleets in the South Eastern Pacific Ocean.(g) To consider further means of cooperation in the scientific, technical or administrative fields.5. The BSTC shall be convened in extraordinary session (TIMING) in order to commence work on its mandate, taking into account the following objectives and principles agreed by the Parties(a) Their respective swordfish fisheries shall be conducted at catch levels maintaining stocks at or near MSY, in a manner commensurate with the objective of ensuring the sustainability of these resources as well as safeguarding the marine ecosystem.(b) The distribution, spatial structure and dynamics of the stocks shall be monitored by Chilean and EU fishing vessels whose scientific observations comply with agreed research parameters designed to develop robust assessments and subsequently generate the appropriate management responses.(c) Data collection systems put in place should be reliable, expeditious and compatible with the requirements and scale of the swordfish fishery.(d) The Parties shall maintain their current level of swordfish fisheries, as expressed by either the present number of vessels or the historic maximum of their vessels operating in the South Eastern Pacific Ocean, in order to ensure the sustainability of the swordfish stock.6. The Parties remain committed to further developing the linkage between this bilateral cooperation and the Multilateral Consultation sponsored by the EU and Chile.7. The Multilateral Consultation currently in place should include all the relevant participants in the South Eastern Pacific Ocean swordfish fishery and invited observers from existing organizations with a legitimate interest in the swordfish fishery.8. The EU and Chile remain committed to the effective promotion of multilateral cooperation for the conservation and management of these stocks in their habitat and ecosystem, and through their migratory range.9. Parties shall give due consideration to actions taken at multilateral level, and seek to promote similar conservation and management initiatives in RFMOs of which they are member in order to ensure a sustainable development of the swordfish fishery.10. In this regard, the Parties shall seek to promote the implementation by other Participants in the swordfish fisheries of the above mentioned principles and objectives notably, in relation to the maintenance of their current fishing levels.11. In accordance with the abovementioned principles, and in the context of the Work Programme being developed by the BSTC, the Parties will define a general protocol for analyzing, processing and evaluating the information gathered by their fishing vessels. Such protocol should seek to identify the condition, in spatial and time frames, of the stock, probing into its composition and biological features, and exploring its habitats, in order to increase the knowledge of the Parties, considering also the potential impacts of the fishery on its ecosystem components, associated or dependent species and the requirements for mitigation of the environmental impacts and adverse effects on birds, turtles and sharks, as well as the food chains and the physical environment of the South Eastern Pacific Ocean.12. The Parties declare that under the present Understanding, their fishing vessels will not be bound by specific conservation measures prescribing a minimum length for the harvested species.13. Nevertheless, they shall apply a precautionary approach considering all biological features of the catches and, on the basis of the best available scientific advice, further strive to develop and apply alternative measures designed to ensure that fishing activities do not pose a risk of unacceptable impacts on sensitive habitats within the marine environment.14. Parties confirm that their vessels are subject to the following obligations:(a) Use an operational VMS at all times linked to the Flag State;(b) Regularly provide data on the type of vessel, catch, fishing effort by area and periods, to be exchanged by the Parties in advance to BSTC meetings;(c) Provide and exchange information on environmentally-safe and cost-effective fishing gear;(d) Collect data required for the BSTC assessments of the dynamics and status of the swordfish fishery in the South Eastern Pacific Ocean, and other information relevant to conservation and management purposes.15. Parties agree that EU vessels fishing for swordfish in accordance with the objectives contained in the present understanding concerning the current levels of fishing effort, catch levels maintaining stocks at or near MSY, commensurate with the objective of ensuring sustainability of these resources, as well as the provisions on monitoring and exchange of information, shall be granted access to designated Chilean ports.16. The procedures for access for landing and transshipment in designated Chilean ports are contained in Annex I to the present Understanding.17. The Parties will proceed to jointly notify the ITLOS that, as a consequence of having reached a settlement, they have agreed to discontinue the proceedings (ITLOS Case Nr. 7) and request the Tribunal to make an order recording the discontinuance and directing the Registrar to remove this case from the List of cases. Since the Parties have agreed to discontinue the ITLOS proceedings as a direct consequence of them having reached a settlement of the dispute, they shall also request that the Tribunal record this fact and indicate in, or annex to, the respective order of discontinuance, the terms of the settlement.18. The Parties shall also inform the Director General of the WTO that the compulsory dispute settlement procedure instituted in ITLOS (Case Nr. 7) has been discontinued and communicate to him the terms of the settlement attained, expressing the decision of the Parties not to revive the dispute settlement procedure of the WTO Understanding on Dispute Settlement regarding case DS 193 concerning the application of pertinent GATT articles to transit, transshipment and commercial access to Chilean ports by EU vessels fishing for swordfish.19. The Parties agree to apply to this Understanding the provisions on dispute avoidance and dispute settlement set out in Title VIII of the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, which entered into force on 1 February 2003.20. This Understanding shall enter into force the first day of the first month following that in which the Parties have notified each other of the completion of the procedures necessary for that purpose.21. Parties agree to provisionally apply point number 15 above upon signature and in any event not later than 31 December 2009.22. Notifications shall be sent to the Secretary General of the Council of the European Union, who shall be the depositary of this Understanding.23. From the date of its entry into force this Understanding shall replace the Provisional Arrangement that Parties have signed on 25 January 2001.For the European UnionFor the Republic of Chile[1] ITLOS Case n. 7 and WTO DS 19.--------------------------------------------------ANNEX I(i) For the purpose of the implementation of the Understanding, 45 days before the BSTC meetings referred to in paragraph 4 of the Understanding, the Parties shall provide each other with a list of vessels containing the following data:1. name of the vessel;2. call signal;3. IMO registration number (if available);4. name and details of the shipowner (nationality, address);5. the vessel’s flag state;6. total length (m);7. make and model of the automatic positioning system as well as its identification code and the name of the coastal station (LES) with which it works;8. name and location of the contact person in the flag state and the European Commission.(ii) The captain, or his representative, of a EU vessel, which wishes to enter a designated Chilean port, shall notify the competent Chilean authorities by means of the form A annexed herewith at least 72 hours in advance of the expected arrival in the port.(iii) The competent Chilean authorities shall formally confirm by electronic or other means, within 24 hours, that access is granted and that the landing or transhipment operation can take place.(iv) In accordance with paragraph 14 (a) each and every time EU vessels enter the Chilean EEZ to seek port access they will transmit without delay through their flag state monitoring centre (FMC) the satellite signal to the Centro de Monitoreo y Control de la Direccion General del Territorio Maritimo y Marina Mercante.The frequency of the basic reports of the VMS system must be 60 minute intervals.(v) At the first BSTC meeting, Chile has to provide the coordinates of its EEZ.(vi) In case the Chilean competent authorities have clear grounds to believe that the information referred to above provided by the EU fishing vessel is not correct, the navigational track of the vessel shall be provided by the competent authorities of its flag state, upon request of the competent Chilean authorities. In this case, Chile will inform immediately the flag State and the European Commission with the view to consulting the appropriate authorities.(vii) Inspectors designated by the Chilean competent authorities may inspect documents, logbook, fishing gear and catch on board during landing or transhipment operations. Such inspection shall be carried out in such a manner as not to unduly delay the landing or transhipment operations, which themselves should be carried out to the extent possible in the 24 hours following arrival in the port. Prior to an inspection, inspectors are required to present to the master of the vessel the appropriate document identifying the inspector as such.(viii) The Chilean competent authorities shall ensure that the results of port inspections are always presented to the master of the vessel for review and signature and that the report is completed and signed by the inspector. The master of the inspected vessel shall be given the opportunity to add any comment to the report and, as appropriate, to contact the relevant authorities of the flag State, in particular when there are serious difficulties in understanding the contents of the report.(ix) The Chilean competent authorities shall ensure that a copy of the report of inspection shall be provided to the master of the inspected vessel for retention on board the vessel and to the competent authorities of the flag state of the inspected vessel.(x) The captains of the vessels shall be free to decide how their vessel’s catches will be disposed of.(xi) In accordance with paragraph 15 and 16, EU vessels will use the following designated ports: Arica, Antofagasta and Punta Arenas.(xii) Only the following activities may be carried out in the authorised ports:1. landing of swordfish stocks;2. transhipment of swordfish stocks;3. replenishing of the vessel;4. repairs to the vessel.The foregoing is without prejudice to the possibility for EU vessels to obtain access to other suitable Chilean ports, as advised by the Chilean authorities, solely for the repairs of vessels.In relation to the replenishing of supplies, lubricants, fuel and material for packing, on-board processing and any other daily use on board, as well as changes of crew, the vessel may take on board only that which it requires for its own operation; the loading of materials and crew members intended for other fishing vessels is prohibited. These provisions do not apply in case of emergency or force majeure.(xiii) The Chilean competent authorities will deny access to port to those EU vessels which do not comply with the foregoing. The access denial should be motivated and the reasons for denial officially communicated to the captain of the vessel, the flag state and the European Commission without delay. Such cases of denial of access shall be discussed by the Parties at the next BSTC meeting, and until such time the vessel will not have access to Chilean ports.(xiv) At the request of either Party an extraordinary session of the BSTC shall be convened to discuss any matter related to the implementation of the Understanding.FORM AINFORMATION TO BE PROVIDED IN ADVANCE BY VESSELS REQUESTING PORT ENTRY1. Intented port of call2. Estimated date and time of arrival3. Purpose(s)4. Name of the vessel5. Flag State6. Type of vessel7. International Radio Call Sign8. Vessel contact information9. Vessel owner(s)10. Certificate of registry ID11. IMO ship ID, if available12. External ID, if available13. Vessel dimensionsLengthBeamDraft14. Vessel master name and nationality15. Total catch on boardSpeciesProduct formCatch areaQuantity16. Catch to be offloadedSpeciesQuantity17. Catch to be transhipped in portSpeciesQuantity18. Final Destination of CatchesChileOther+++++ TIFF +++++--------------------------------------------------ANNEX BTHE MISSION OF CHILE TO THE EUROPEAN UNIONNo 177/2009The Mission of Chile to the European Union presents its compliments to the European Commission’s Directorate-General for Maritime Affairs and Fisheries and has the honour to refer to the Report agreed between the European Commission and Chile following the bilateral technical consultations held in New York on 5 and 6 October 2009 on swordfish in the South-Eastern Pacific.Concerning point xi of Annex I to the Report, the Mission of Chile would request the Directorate-General for Maritime Affairs and Fisheries to amend the list of ports designated by Chile as described in the Report.To that end, the Mission of Chile hereby informs the Directorate-General for Maritime Affairs and Fisheries that the newly designated ports are Arica, Antofagasta and Punta Arenas.The Mission of Chile to the European Union would request the European Commission’s Directorate-General for Maritime Affairs and Fisheries to give the above-mentioned matter its attention and assures it of its highest consideration.Brussels, 23 November 2009To the Directorate-General for Maritime Affairs and Fisheriesof the European CommissionBrussels--------------------------------------------------Agreementin the form of an Exchange of Letters between the European Union and the Republic of Chile on the provisional application of the understanding concerning the conservation of swordfish stocks in the South-Eastern Pacific OceanA. Letter from the European UnionSir/Madam,I have the honour to refer to the negotiations that have taken place in Brussels on 15 and 16 October 2008 between the European Union and Chile which led to the Understanding concerning the conservation of swordfish stocks in the South-Eastern Pacific Ocean (hereafter "the Understanding"), as well as to the bilateral technical discussions in New York on 5 and 6 October 2009.The European Union has started its internal procedures for the conclusion of the Understanding concerning the conservation of swordfish stocks in the South-Eastern Pacific Ocean reached on 15- 16 October 2008 including the detailed Annex I agreed on 5- 6 October 2009.Pending the completion of these procedures, the European Union shall provisionally apply the Understanding concerning the conservation of swordfish stocks in the South-Eastern Pacific Ocean reached on 15- 16 October 2008 and its Annex I agreed on 5- 6 October 2009 as complemented by the Note Verbale of Chile of 23 November 2009.The following documents and information form an integral part of this Agreement in the form of an Exchange of Letters:(a) the Understanding agreed on 15- 16 October 2008 in Brussels as modified by:(b) the detailed Annex I to the Understanding as agreed during the bilateral technical meeting on 5- 6 October 2009 in New York;(c) the Note Verbale of Chile of 23 November 2009 designating the Chilean ports of Arica, Antofagasta and Punta Arenas for access by EU vessels fishing for swordfish on the high seas in the South Eastern Pacific Ocean, in relation to point (xi) of the Annex mentioned in (b) above;(d) the first meeting of the Bilateral Technical and Scientific Committee will take place at the latest on 1 January 2011.I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between Chile and the European Union to provisionally apply the Understanding in accordance with the provisions contained in the documents listed above.This agreement will apply from the day following the day of your reply.Please accept, Sir/Madam, the assurance of my highest consideration.For the European UnionThe PresidentB. Letter from the Republic of ChileSir/Madam,I have the honour to acknowledge receipt of your letter of today’s date, which reads as follows:"I have the honour to refer to the negotiations that have taken place in Brussels on 15 and 16 October 2008 between the European Union and Chile which led to the Understanding concerning the conservation of swordfish stocks in the South-Eastern Pacific Ocean (hereafter "the Understanding"), as well as to the bilateral technical discussions in New York on 5 and 6 October 2009.The European Union has started its internal procedures for the conclusion of the Understanding concerning the conservation of swordfish stocks in the South-Eastern Pacific Ocean reached on 15- 16 October 2008 including the detailed Annex I agreed on 5- 6 October 2009.Pending the completion of these procedures, the European Union shall provisionally apply the Understanding concerning the conservation of swordfish stocks in the South-Eastern Pacific Ocean reached on 15- 16 October 2008 and its Annex I agreed on 5- 6 October 2009 as complemented by the Note Verbale of Chile of 23 November 2009.The following documents and information form an integral part of this Agreement in the form of an Exchange of Letters:(a) the Understanding agreed on 15- 16 October 2008 in Brussels as modified by:(b) the detailed Annex I to the Understanding as agreed during the bilateral technical meeting on 5- 6 October 2009 in New York;(c) the Note Verbale of Chile of 23 November 2009 designating the Chilean ports of Arica, Antofagasta and Punta Arenas for access by EU vessels fishing for swordfish on the high seas in the South Eastern Pacific Ocean, in relation to point (xi) of the Annex mentioned in (b) above;(d) the first meeting of the Bilateral Technical and Scientific Committee will take place at the latest on 1 January 2011.I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between Chile and the European Union to provisionally apply the Understanding in accordance with the provisions contained in the documents listed above.This agreement will apply from the day following the day of your reply.".I have the honour to confirm that your letter and this reply constitute an Agreement between Chile and the European Union.Please accept, Sir/Madam, the assurance of my highest consideration.For the Republic of ChileThe President--------------------------------------------------ANNEXUNDERSTANDING CONCERNING THE CONSERVATION OF SWORDFISH STOCKS IN THE SOUTH EASTERN PACIFIC OCEAN1. The document hereby identified replaces the Provisional Arrangement of 25 January 2001 ("2001 Arrangement") and transforms the interim arrangement into a definitive commitment to cooperate for the long-term conservation and management of the swordfish stocks in the South Eastern Pacific.2. The Understanding is intended to amicably settle the swordfish fishery disputes [1] currently existing between Chile and the European Community (now succeeded by the European Union (EU) in the International Tribunal for the Law of the Sea ("ITLOS") and in the World Trade Organization ("WTO").3. The Parties hereby confirm for the record that the present Understanding shall provide the basic framework for the conservation of swordfish in the South Eastern Pacific Ocean, its management and cooperation thereof.4. The EU/Chile Bilateral Scientific and Technical Committee ("BSTC") will continue to constitute the necessary point of contact in matters of common interest regarding conservation of swordfish and, in order to maximize the efforts on scientific/technical cooperation, shall have the following mandate:(a) To serve as a forum for the exchange of information on the swordfish stocks and fishing activities of the EU and Chile and any other information required for conservation and management decisions.(b) To periodically evaluate the state of stocks, monitor the fishing trends, and assess impacts on non-target species and the marine ecosystem.(c) To review existing conservation measures and advice on possible new ones, including by-catch regulations.(d) To identify research priorities in the context of the Work Programme and draw up any additional programmes, including protocols on data collection.(e) To exchange information and promote the use of environmentally-safe and cost-effective gear.(f) To exchange in advance of the BSTC meeting catch and effort data covering all segments of their respective fleets in the South Eastern Pacific Ocean.(g) To consider further means of cooperation in the scientific, technical or administrative fields.5. The BSTC shall be convened in extraordinary session (TIMING) in order to commence work on its mandate, taking into account the following objectives and principles agreed by the Parties:(a) Their respective swordfish fisheries shall be conducted at catch levels maintaining stocks at or near MSY, in a manner commensurate with the objective of ensuring the sustainability of these resources as well as safeguarding the marine ecosystem.(b) The distribution, spatial structure and dynamics of the stocks shall be monitored by Chilean and EU fishing vessels whose scientific observations comply with agreed research parameters designed to develop robust assessments and subsequently generate the appropriate management responses.(c) Data collection systems put in place should be reliable, expeditious and compatible with the requirements and scale of the swordfish fishery.(d) The Parties shall maintain their current level of swordfish fisheries, as expressed by either the present number of vessels or the historic maximum of their vessels operating in the South Eastern Pacific Ocean, in order to ensure the sustainability of the swordfish stock.6. The Parties remain committed to further developing the linkage between this bilateral cooperation and the Multilateral Consultation sponsored by the EU and Chile.7. The Multilateral Consultation currently in place should include all the relevant participants in the South Eastern Pacific Ocean swordfish fishery and invited observers from existing organizations with a legitimate interest in the swordfish fishery.8. The EU and Chile remain committed to the effective promotion of multilateral cooperation for the conservation and management of these stocks in their habitat and ecosystem, and through their migratory range.9. Parties shall give due consideration to actions taken at multilateral level, and seek to promote similar conservation and management initiatives in RFMOs of which they are member in order to ensure a sustainable development of the swordfish fishery.10. In this regard, the Parties shall seek to promote the implementation by other Participants in the swordfish fisheries of the above mentioned principles and objectives notably, in relation to the maintenance of their current fishing levels.11. In accordance with the above mentioned principles, and in the context of the Work Programme being developed by the BSTC, the Parties will define a general protocol for analyzing, processing and evaluating the information gathered by their fishing vessels. Such protocol should seek to identify the condition, in spatial and time frames, of the stock, probing into its composition and biological features, and exploring its habitats, in order to increase the knowledge of the Parties, considering also the potential impacts of the fishery on its ecosystem components, associated or dependent species and the requirements for mitigation of the environmental impacts and adverse effects on birds, turtles and sharks, as well as the food chains and the physical environment of the South Eastern Pacific Ocean.12. The Parties declare that under the present Understanding, their fishing vessels will not be bound by specific conservation measures prescribing a minimum length for the harvested species.13. Nevertheless, they shall apply a precautionary approach considering all biological features of the catches and, on the basis of the best available scientific advice, further strive to develop and apply alternative measures designed to ensure that fishing activities do not pose a risk of unacceptable impacts on sensitive habitats within the marine environment.14. Parties confirm that their vessels are subject to the following obligations:(a) Use an operational VMS at all times linked to the Flag State;(b) Regularly provide data on the type of vessel, catch, fishing effort by area and periods, to be exchanged by the Parties in advance to BSTC meetings;(c) Provide and exchange information on environmentally-safe and cost-effective fishing gear;(d) Collect data required for the BSTC assessments of the dynamics and status of the swordfish fishery in the South Eastern Pacific Ocean, and other information relevant to conservation and management purposes.15. Parties agree that EU vessels fishing for swordfish in accordance with the objectives contained in the present understanding concerning the current levels of fishing effort, catch levels maintaining stocks at or near MSY, commensurate with the objective of ensuring sustainability of these resources, as well as the provisions on monitoring and exchange of information, shall be granted access to designated Chilean ports.16. The procedures for access for landing and transshipment in designated Chilean ports are contained in Annex I to the present Understanding.17. The Parties will proceed to jointly notify the ITLOS that, as a consequence of having reached a settlement, they have agreed to discontinue the proceedings (ITLOS Case Nr. 7) and request the Tribunal to make an order recording the discontinuance and directing the Registrar to remove this case from the List of cases. Since the Parties have agreed to discontinue the ITLOS proceedings as a direct consequence of them having reached a settlement of the dispute, they shall also request that the Tribunal record this fact and indicate in, or annex to, the respective order of discontinuance, the terms of the settlement.18. The Parties shall also inform the Director General of the WTO that the compulsory dispute settlement procedure instituted in ITLOS (Case N. 7) has been discontinued and communicate to him the terms of the settlement attained, expressing the decision of the Parties not to revive the dispute settlement procedure of the WTO Understanding on Dispute Settlement regarding case DS 193 concerning the application of pertinent GATT articles to transit, transshipment and commercial access to Chilean ports by EU vessels fishing for swordfish.19. The Parties agree to apply to this Understanding the provisions on dispute avoidance and dispute settlement set out in Title VIII of the Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, which entered into force on 1 February 2003.20. This Understanding shall enter into force the first day of the first month following that in which the Parties have notified each other of the completion of the procedures necessary for that purpose.21. Parties agree to provisionally apply point number 15 above upon signature and in any event not later than 31 December 2009.22. Notifications shall be sent to the Secretary General of the Council of the European Union, who shall be the depositary of this Understanding.23. From the date of its entry into force this Understanding shall replace the Provisional Arrangement that Parties have signed on 25 January 2001.ANNEX I(i) For the purpose of the implementation of the Understanding, 45 days before the BSTC meetings referred to in paragraph 4 of the Understanding, the Parties shall provide each other with a list of vessels containing the following data:1. name of the vessel;2. call signal;3. IMO registration number (if available);4. name and details of the shipowner (nationality, address);5. the vessel’s flag-State;6. total length (m);7. make and model of the automatic positioning system as well as its identification code and the name of the coastal station (LES) with which it works;8. name and location of the contact person in the flag state and the European Commission.(ii) The captain, or his representative, of an EU vessel, which wishes to enter a designated Chilean port, shall notify the competent Chilean authorities by means of the form A annexed herewith at least 72 hours in advance of the expected arrival in the port.(iii) The competent Chilean authorities shall formally confirm by electronic or other means, within 24 hours, that access is granted and that the landing or transhipment operation can take place.(iv) In accordance with paragraph 14 (a) each and every time EU vessels enter the Chilean EEZ to seek port access they will transmit without delay through their flag state monitoring centre (FMC) the satellite signal to the Centro de Monitoreo y Control de la Direccion General del Territorio Maritimo y Marina Mercante.The frequency of the basic reports of the VMS system must be 60 minutes intervals.(v) At the first BSTC meeting, Chile has to provide the coordinates of its EEZ.(vi) In case the Chilean competent authorities have clear grounds to believe that the information referred to above provided by the EU fishing vessel is not correct, the navigational track of the vessel shall be provided by the competent authorities of its flag state, upon request of the competent Chilean authorities. In this case, Chile will inform immediately the flag State and the European Commission with the view to consulting the appropriate authorities.(vii) Inspectors designated by the Chilean competent authorities may inspect documents, logbook, fishing gear and catch on board during landing or transhipment operations. Such inspection shall be carried out in such a manner as not to unduly delay the landing or transhipment operations, which themselves should be carried out to the extent possible in the 24 hours following arrival in the port. Prior to an inspection, inspectors are required to present to the master of the vessel the appropriate document identifying the inspector as such.(viii) The Chilean competent authorities shall ensure that the results of port inspections are always presented to the master of the vessel for review and signature and that the report is completed and signed by the inspector. The master of the inspected vessel shall be given the opportunity to add any comment to the report and, as appropriate, to contact the relevant authorities of the flag State, in particular when there are serious difficulties in understanding the contents of the report.(ix) The Chilean competent authorities shall ensure that a copy of the report of inspection shall be provided to the master of the inspected vessel for retention on board the vessel and to the competent authorities of the flag state of the inspected vessel.(x) The captains of the vessels shall be free to decide how their vessel’s catches will be disposed of.(xi) In accordance with paragraph 15 and 16, EU vessels will use the following designated ports: Arica, Antofagasta and Punta Arenas.(xii) Only the following activities may be carried out in the authorised ports:1. landing of swordfish stocks;2. transhipment of swordfish stocks;3. replenishing of the vessel;4. repairs to the vessel.The foregoing is without prejudice to the possibility for EU vessels to obtain access to other suitable Chilean ports, as advised by the Chilean authorities, solely for the repairs of vessels.In relation to the replenishing of supplies, lubricants, fuel and material for packing, on-board processing and any other daily use on board, as well as changes of crew, the vessel may take on board only that which it requires for its own operation; the loading of materials and crew members intended for other fishing vessels is prohibited. These provisions do not apply in case of emergency or force majeure.(xiii) The Chilean competent authorities will deny access to port to those EU vessels which do not comply with the foregoing. The access denial should be motivated and the reasons for denial officially communicated to the captain of the vessel, the flag state and the European Commission without delay. Such cases of denial of access shall be discussed by the Parties at the next BSTC meeting, and until such time the vessel will not have access to Chilean ports.(xiv) At the request of either Party an extraordinary session of the BSTC shall be convened to discuss any matter related to the implementation of the Understanding.FORM AINFORMATION TO BE PROVIDED IN ADVANCE BY VESSELS REQUESTING PORT ENTRY1. Intented port of call2. Estimated date and time of arrival3. Purpose(s)4. Name of the vessel5. Flag State6. Type of vessel7. International Radio Call Sign8. Vessel contact information9. Vessel owner(s)10. Certificate of registry ID11. IMO ship ID, if available12. External ID, if available13. Vessel dimensionsLengthBeamDraft14. Vessel master name and nationality15. Total catch on boardSpeciesProduct formCatch areaQuantity16. Catch to be offloadedSpeciesQuantity17. Catch to be transhipped in portSpeciesQuantity18. Final Destination of CatchesChileOther+++++ TIFF +++++ANNEX BTHE MISSION OF CHILE TO THE EUROPEAN UNIONNo 177/2009The Mission of Chile to the European Union presents its compliments to the European Commission’s Directorate-General for Maritime Affairs and Fisheries and has the honour to refer to the Report agreed between the European Commission and Chile following the bilateral technical consultations held in New York on 5 and 6 October 2009 on swordfish in the South-Eastern Pacific.Concerning point xi of Annex I to the Report, the Mission of Chile would request the Directorate-General for Maritime Affairs and Fisheries to amend the list of ports designated by Chile as described in the Report.To that end, the Mission of Chile hereby informs the Directorate-General for Maritime Affairs and Fisheries that the newly designated ports are Arica, Antofagasta and Punta Arenas.The Mission of Chile to the European Union would request the European Commission’s Directorate-General for Maritime Affairs and Fisheries to give the above-mentioned matter its attention and assures it of its highest consideration.Brussels, 23 November 2009To the Directorate-General for Maritime Affairs and Fisheriesof the European CommissionBrussels[1] ITLOS Case n. 7 and WTO DS 19.--------------------------------------------------