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416 V. Borsellino et al.

international cooperation, the streamlining of current measures in the Mediterranean basin,
and the acquisition of necessary scientific knowledge—elements which are neglected in the
Commission’s proposals.

2.3 Relations with other countries and fishing agreements

The absence of EEZs in the Mediterranean allows the exploitation of fishing resources also
by fishing fleets that do not come from coastal countries, such as Japanese and Korean fleets,
etc., attracted by stock of high commercial value, like bluefin tuna and swordfish. The lack
of fishing resources in some traditional fishing areas, caused by over-fishing, induces coastal
countries to ratify all the relevant international agreements and to give their full support for the
conservation and sustainable exploitation of fishing resources in international waters. Without
doubt, international cooperation contributes to reinforcing the regional organization of fishing,
as laid out by the convention on marine law and by the UNFA (United Nations Fish Agreement;
The United Nations convention on marine law in 1982, coming into force in November 1994,
recommending the setting up of EEZs for the coastal states, contains some gaps regarding
management of highly migratory and trans-zonal fish stock, which the UNFA, set up for this
aim in August 1995, intends to bridge), and helps efforts made to stamp out illegal, un-notified,
unregulated fishing taking place in international waters.

  Adhering to the United Nations Convention on marine law in 1982, the European
Community and other cosignatory states have undertaken, among other things, to find a balance
between the rights and obligations of coastal states and those of countries which carry out
fishing activities on the high seas. This balance requires, as its main aim, the sustainability of
fishing-resource exploitation.

   Thanks to its exclusive responsibility for fishing, the European Union is able to coordinate
international efforts together with other countries or other international organizations in the
field of fishing. The European Commission thus negotiates bilateral agreements with other
countries in the name of the Union, on the strength of a mandate given by the Council of
ministers, and takes part in various regional fishing organizations (RFOs). The bilateral fishing
agreements set up by the European Union with other countries make up the general framework
for the access of the EC fleet to the waters of those countries. Within each agreement, the fishing
protocols specify the conditions for the implementation of the agreement (technical, financial,
types of resources available, etc.) [6].

   Regional fishing organizations (RFOs) originate from international agreements and form a
framework within which government representatives can meet to agree on ways to manage
high sea fish resources and trans-zonal stock. Such organizations put forward recommenda-
tions regarding management and conservation measures, based on the best scientific opinions
available. Recommendations put forward in this way must be observed by all the parties
belonging to the RFO.

   The definition of fishing agreements differs according to the partnership. For countries in
northern Europe, for example, which have the means to fully exploit their fishing resources,
agreements tend to be reciprocal. The Community and these countries exchange opportunities
to fish in each other’s waters, whereas in the case of other countries, especially those of Africa
and the Indian Ocean, but also Greenland (countries which are not yet able to fully exploit
their fishing resources), the Community gives financial compensation in exchange for access
to their fishing areas [7]. It also establishes proposals with them which aim to sustain develop-
ment of their fishing sector and to contribute to sustainable fishing in their waters. Financial
contribution is also required from shipping companies that wish to operate in the area of these
agreements. The progressive removal of fishing resources, however, makes it increasingly
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