Exchange of notes constituting an agreement between the United Kingdom and France concerning the status of previous fisheries agreements in relation to the Fisheries Convention opened for signature in London from March 9 to April 10 1964

Filename: 1964-UK-FranceFisheriesConvention.EN.txt
Source: United Nations Treaty Series, No. 9272

Exchange Of Notes Constituting An Agreement Between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic Concerning The Status Of Previous Fisheries Agreements In Relation To The Fisheries Convention Opened For Signature In London From March 9 To April 10 1964.

Source: United Nations Treaty Series, No. 9272

Note I

From the French Ambassador to Her Majesty's Principal Secretary of State for Foreign Affairs

[TRANSLATION]

London, April 10, 1964

Monsieur le Secrétaire d'Etat,

At the moment of signing the Fisheries Convention adopted in London on March 2, 1964, I have the honour to invite Your Excellency's attention to the following:

The general fisheries régime between France and the United Kingdom of Great Britain and Northern Ireland has up to the present been defined by the Convention of August 2, 1839, and the Regulations of May 24, 1843.

These two instruments provided for a derogation from the general régime in so far as Granville Bay is concerned. The Franco-British Agreement of December 20, 1928, had as its object the modification of certain details of the delimitation of the waters of Granville Bay to which the special régime defined by the instruments of 1839 and 1843 applied.

Subsequently an Agreement of January 30, 1951, established, so far as concerns the areas of the Minquiers and Ecrehos Islands, a special régime by way of exception to the general fisheries régime between France and Great Britain, which was to have a definitive character, whatever might be the decision of the International Court of Justice on the subject of the determination of sovereignty over the islands.

In the course of a conference to which the British Government had invited in particular the various Governments interested in fishing along the British coasts, a Fisheries Convention was drawn up in London in March 1964 and the régime established by this Convention has in consequence been decided upon in agreement with the French Government.

It has been understood between the French and British delegations at the London Conference that the modification of the general fisheries régime between the two countries which would result from the Convention opened for signature on March 9, 1964, would not affect the special régimes established between the two countries concerning Granville Bay and the areas of the islands of the Minquiers and Ecrehos group. A special provision to allow for this has been introduced in Article 10 (d) of the said Convention.

In consequence I have the honour to inform Your Excellency that the French Government is prepared to apply the following provisions :

(1) the provisions of the instruments mentioned above, which will no longer be compatible with the provisions of the new Convention, shall cease to have effect when the new Convention becomes applicable between the two Governments;

(2) the provisions relating to the special fisheries régime in Granville Bay, contained in the Convention of August 2, 1839, the Regulations of May 24, 1843, and the Franco-British Agreement of December 20, 1928, and the provisions of the Franco-British Agreement of January 30, 1951, shall continue to be applicable to French and British fishermen;

(3) the provisions of the instruments mentioned in paragraph (2) above concerning the special fisheries régime will be transferred to a bilateral arrangement between the two Governments to be concluded as soon as possible.

If the foregoing provisions are accept-able to the Government of the United Kingdom I have the honour to propose to Your Excellency that the present Note and Your Excellency's reply should be regarded as constituting an agreement between our two Governments to that effect.

I take this opportunity of renewing to Your Excellency the assurances of the highest consideration with which I have the honour to be, Your humble and obedient Servant,

G. DE COURCEL

Note II

From Her Majesty's Principal Secretary of State for Foreign Affairs to the French Ambassador

April 10, 1964

Your Excellency,

I have the honour to refer to the Note which Your Excellency has addressed to me to-day on the occasion of the signature on behalf of the Government of the French Republic of the Fisheries Convention, the Protocol of Provisional Application of the Fisheries Convention, and the Agreement as to Transitional Rights. Your Excellency's Note reads in English translation as follows :

[See note I]

I have the honour to inform Your Excellency that the provisions set out in Your Excellency's Note are acceptable to the Government of the United Kingdom, that the Government of the United Kingdom will also apply these provisions, and that they will regard Your Excellency's Note and this reply as constituting an agreement between our two Governments to that effect.

I have the honour to be, with the highest consideration, Your Excellency's obedient Servant,

For the Secretary of State :

W. N. HILLIER-FRY