Exchange of Notes related to article 18 of the Agreement Between The Government Of The Italian Republic And The Government Of The Federal People's Republic Of Yugoslavia Regarding Fishing By Italian Fishermen In Yugoslav Waters

Filename: 1958-ExchangeNotes-1958-ItalyYugoslaviaItalianFishermenYugoslavWaters.EN.txt
Source: Ruster and Simma, Volume VI, p. 2835.

Exchange of Notes related to Article 18 of the Agreement Between The Government Of The Italian Republic And The Government Of The Federal People's Republic Of Yugoslavia Regarding Fishing By Italian Fishermen In Yugoslav Waters

Source: Ruster and Simma, Volume VI, p. 2835.

Note I

The Chairman of the Italian Delegation to the Chairman of the Yugoslav Delegation

Belgrade, 20 November 1958

Sir,

With reference to article 18 of the Agreement regarding fishing by Italian fishermen in Yugoslav waters and in view of the fact that the season for trawling, with which article 1 of that Agreement is concerned, has already begun, I propose that the provisions of the Agreement shall apply from the date of its signature.

In order to give practical effect to those provisions, I propose that Italian fishing vessels in possession of a fishing permit which was to have expired on 31 October of this year but was extended until today's date by the exchange of letters that took place in Belgrade on 30 October 1958 should be authorized to continue fishing until the end of the first half of the current fishing season, that is, until 31 Dec-ember 1958.

I would request that Italian fishing vessels not in possession of a permit which has been extended as described in the preceding paragraph be authorized to fish on the basis of provisional permits to be issued by the Italian Ministry of the Merchant Marine until the number of vessels authorized for each zone reaches that provided for in article 1 of the Agreement. A list of such provisional permits would be submitted to the Government of the Federal People's Republic of Yugoslavia as soon as they are issued.

My Government undertakes to submit the new special permits referred to in article 5 of the Agreement to the Government of the Fedei al People's Republic of Yugoslavia within one month from today's date.

The total number of vessels issued with special fishing permits shall in no case ever exceed the number fixed by articles 2 and 3 of the Agreement.

I should be grateful if you would inform me whether your Government agrees to the foregoing and if you would give me an assurance that the special fishing permits for the current season submitted to the Government of the Federal People's Republic of Yugoslavia for its approval will be returned to the Government of the Italian Republic as soon as possible, although in future seasons the time-limit specified in article 6 of the Agreement shall apply.

I have the honour to be, etc.

BARATTIERI Chairman of the Italian Delegation

Note II

The Chairman of the Yugoslav Delegation to the Chairman of the Italian Delegation

Belgrade, 20 November 1958

Sir,

I have the honour to acknowledge receipt of your letter of today's date, which reads as follows :

[See note I]

I have the honour to confirm that my Government agrees to the foregoing.

I have the honour to be, etc.

POPOVIC

Chairman of the Yugoslav Delegation

Note III

The Chairman of the Yugoslav Delegation to the Chairman of the Italian Delegation

Belgrade, 20 November 1958

Sir,

With reference to article 3 of the Agreement regarding fishing by Italian fisher-men in Yugoslav waters signed today, I have the honour to inform you that Italian fishermen who have obtained a special permit to fish for fry for breeding purposes in the internal waters of Tar Bay and Medulin Bay shall pay, if they engage in such fishing ; for each striped mullet (Mugil cephalus), 5.50 Italian lire ; for each golden mullet (Mugil auratus), 2.50 Italian lire ; for each sea-perch (Labrax lupus), 7 Italian lire ; and for each gilthead (Chrysophris aurata), 11 Italian lire.

The Government of the Federal People's Republic of Yugoslavia reserves the right to reduce or increase these prices.

Italian fishermen who have obtained a special permit to fish for fry in the internal waters of Tar Bay and Medulin Bay shall, on each occasion that they do so, obtain from the People's Committee of Tar or Medulin, as appropriate, a statement of the quantity, species and value of the fry caught.

This statement shall be forwarded by the master of the fishing vessel to the Italian Ministry of the Merchant Marine. The Government of the Italian Republic shall pay the amount indicated in the statement into the account of the Narodna Banks of the Federal People's Republic of Yugoslavia, a conto estero in lire multi laterali (multilateral foreign account in lire), with the Banca d'Italia-Roma, to the credit of the Federal People's Republic of Yugoslavia.

A copy of the statement signed, by the master of the fishing vessel, shall be sent by the Government of the Federal People's Republic of Yugoslavia to the Government of the Italian Republic and this copy shall be considered sufficient proof of the obligation on the part of the master of the fishing vessel or the Government of the Italian Republic to pay the amount corresponding to the value of the fish caught.

I have the honour to be, etc.

POPOVIC

Chairman of the Yugoslav Delegation

Note IV

The Chairman of the Italian Delegation to the Chairman o f the Yugoslav Delegation

Belgrade, 20 November 1958

Sir,

I have the honour to acknowledge receipt of your letter of today's date, which reads as follows :

[See note III]

I have the honour to confirm that my Government agrees to the foregoing.

I have the honour to be, etc.

BARATTIERI

Chairman of the Italian Delegation

ANNEX A

SPECIAL FISHING PERMIT

For the zone of ____________ , in which, by virtue of the Agreement concluded between the Italian Republic and the Federal People's Republic of Yugoslavia on 20 November 1958, Italian fishing vessels are permitted to fish :

The vessel named ____________ of ____________ tons (gross), having an engine of ____________ HPA, owned by Mr ____________ fitted out by Mr ____________ registered at ____________ under No ____________ the master being Mr ____________ having on board ____________ crew members, is permitted to fish with ____________ in the above-mentioned zone for the period from ____________ to ____________ .

Regardless of circumstances, this permit shall cease to be valid on the date on which the Agreement regarding fishing by Italian fishermen in Yugoslav waters ceases to have effect.

The vessel and its crew shall comply with the provisions of the above-mentioned Agreement and with the laws of the Federal People's Republic of Yugoslavia.

This permit is valid from the date on which it is approved by the competent Yugoslav authorities.

ANNEX B [Not reproduced in the copies of the Agreement submitted for registration.]

(A red flag, 100 X 75 cm, having in its centre a white circle with a diameter of 45 cm)

ANNEXES C, D, E, F, G, H and I [Not reproduced in the copies of the Agreement submitted for registration.]

(Maps)