shing a partnership between the Russian Federation, of the one part, and European Community and its Member States, of the other part of 24 June 1994, hereinafter referred to as the "PCA", and with a common desire to intensifying these relations,
Taking into account the Code of Conduct for Responsible Fisheries adopted by the Council of the Food and Agriculture Organisation of the United Nations at the FAO Conference in 1995,
Taking into account the Johannesburg Declaration on Sustainable Development adopted by the World Summit on Sustainable Development in September 2002,
Considering that some of the living marine resources of the Baltic Sea consists of straddling stocks migrating between the Exclusive Economic Zones of the two Parties and associated and dependent stocks, and that an effective conservation and sustainable exploitation of these stocks can therefore only be achieved through cooperation between the Parties in fisheries management as well as through control and enforcement,
Recognising that the Parties are committed to developing an ecosystem based approach to fisheries management based on the best available scientific advice and based on respecting the duties of the coastal State to ensure proper conservation and management measures for the maintenance of the living resources in the Exclusive Economic Zone in accordance with the United Nations Convention of the Law of the Sea of 10 December 1982,
Desirous to continue their cooperation in the framework of the appropriate international fisheries organisations for the purpose of the joint conservation, sustainable exploitation and management of all relevant fishery resources and confirming the intention of the Parties to continue to develop the principles enshrined in the Gdansk Convention,
Recognising the importance of scientific research for the conservation, sustainable exploitation and management of fishery resources, in particular within the context of the International Council for the Exploration of the Sea (ICES) and desirous to promote further cooperation in this field,
Have agreed as follows:
Article 1
Use of terms
For the purpose of this Agreement:
(a) "Exclusive Economic Zone of the Parties" means Exclusive Economic Zone of the Russian Federation and the Exclusive Economic Zones of the Member States of the European Community, respectively;
(b) "territorial sea of the Parties" means the territorial sea of the Russian Federation and the territorial sea of the Member States of the European Community, respectively;
(c) "living marine resources" means available living marine species, including anadromous and catadromous species;
(d) "fishing vessels of the Parties" means fishing vessels flying the flag of the Russian Federation and fishing vessels flying the flag of Member States of the European Community, respectively, equipped for the commercial fisheries exploitation of living marine resources;
(e) "sustainable exploitation" means the exploitation of a stock in such a way that the future exploitation of the stock will not be prejudiced and that it does not have a negative impact on the marine eco-systems;
(f) "straddling stocks" means any stock of fish that migrates regularly across the delimitations of Exclusive Economic Zones of the Parties in the Baltic Sea;
(g) "fishing effort" means the product of the capacity and the activity of a fishing vessel; for a group of vessels it is the sum of the fishing effort of all vessels in the group;
(h) "precautionary approach to fisheries management" means that the absence of adequate scientific information should not be used as a reason for postponing or failing to take management measures to conserve target species, associated or dependent species and non-target species and their environment.
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