Law (2010:897) On Gränsälvsöverenskommelse Between Sweden And Finland

Original Language Title: Lag (2010:897) om gränsälvsöverenskommelse mellan Sverige och Finland

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2010:897

The gränsälvsöverenskommelse between Sweden and Finland as

was signed on november 11, 2009 shall apply as Swedish law.

However, this does not apply to articles 23 to 26 and 29 as well as fishing Charter for the Tornio-fishing area.



The agreement is written in Swedish and Finnish. The

Swedish text shown in the annex to this law.

The Finnish text available at

Government Offices (Ministry Of Foreign Affairs).



Annex



Gränsälvsöverenskommelse between Sweden and Finland



The Kingdom of Sweden and the Republic of Finland, in the following

the parties,



wishing to replace the 1971 gränsälvsöverenskommelse between

Sweden and Finland with a new agreement,



considering 1810 year limit regulatory treaties,



considering the international water law principles,



having regard to the 1992 Convention on the transboundary

streams and its Protocol on water and health and the 1992

Convention on the protection of the Baltic marine environment,



having regard to European Parliament and Council Directive 2000/60/EC

establishing a framework for Community action in the field of

water policy and the rest of the European communities

relevant legislation,



having regard to article 66 of the United Nations

Convention on the law of the sea of 1982 and the

1992 Convention on biological diversity,



have agreed as follows.



General provisions



Article 1



Geographical scope



1. This agreement applies to the following hydrological and

Lakes basins.



(a) the Rivers Könkämäeno and) and part of the Torne River and the lakes in which the border between Finland and Sweden are at (gränsälvarna),



b) watercourses that are side branches to or result in

gränsälvarna, and



(c)) the Tornio river branches.



2. The agreement is applicable to the following coastal waters

(coastal waters)



a) that part of the Gulf of Bothnia in the Swedish coastal water area,

whose boundary follows a line drawn from the Mainland at the southern end of the peninsula Patokaris via East shore, big Shoe Hepokaris Potter's northern tip and South parallel to the border to a point one nautical mile off the baseline, then at this distance following the base line eastward up to the border, as well as



b) that part of the Gulf of Bothnia in the Finnish coastal waters,

whose boundary follows the Meridian 24 ° 20.2 ' to Tornio municipality's boundary with Chemistry and proceed along the municipality Southwest all the way to the border, with the exception of the island of Iso Huituri.



3. The matters referred to in paragraphs 1 and 2 to form a Finnish-

Swedish River basin districts (river basin district).

Main geographical scope of the river basin district is illustrated by the attached map.



4. For fishing is for a particular scope that

defined in article 23.



Article 2



Order



1. The purpose is to



(a)) in the river basin district safe opportunities for both

the parties to the reasonable use of gränsälvarna in a way that promotes border region's interests,



b) prevent flood and environmental accidents,



c) coordinate the programmes, plans and measures in the river basin district required to achieve the objectives determined for water quality and water sustainable use, in compliance with the international commitments and the

Community law to which the parties are bound by, and



(d)) in General to promote cooperation between the parties to the water and

fisheries issues.



2. particular attention shall be paid to the



(a)) to achieve quality objectives for surface water and groundwater,



b) nature conservation and heritage protection and environmental protection,



c) sustainable use of water resources, as well as



d) protection and sustainable use of fish stocks.



3. To create the necessary conditions for such cooperation, as

necessary to achieve the purposes of this agreement, an intergovernmental cooperation bodies set up.



Article 3



The right to water and water areas in gränsälvarna



1. Each party has an equal right to the water of gränsälvarna with

side branches, even if more water flows through the territory of one of the parties than by the other party. The right to water as an individual may be based on judgment, ancient tradition or other specific legal basis does not change this.



2. The person who owns or has the right to use the beach at a

gränsälv, independent of the border take advantage of the water off the beach for less device, such as a bridge or boat House.



3. every person has the right to use water and ice from gränsälvarna for household needs and similar purposes.



4. everyone has the right to travel freely in the gränsälvarna.



5. Rights of use in accordance with paragraphs 2 to 4 of this article shall be by

compliance with national legislation and shall not cause significant inconvenience to the individual or the public interest.

The use must not infringe upon fishing.



Cooperation



Article 4



Joint programmes and plans



The authorities of the Parties shall cooperate with each other and have that

objective of establishing common programmes and plans to comply with the order within the meaning of article 2, paragraph 1.



Article 5



Quality objectives for the aquatic environment in gränsälvarna



The national quality objectives for the aquatic environment in gränsälvarna

will be coordinated as far as possible between the parties.



Article 6



The prevention of flood damage



In order to assist the other party's authorities, representatives of the authorities involved in flood fighting exceed border when it is necessary to take practical measures to avert the imminent danger of

flood damage at gränsälvarna. This should be preceded by

consent of the authority which has been appointed by the other party.



Article 7



Monitoring of water level



The Parties shall continuously monitor the water level where

Tärendö River leaves the Torne River. Monitoring data shall be provided to the Intergovernmental Agency.



Intergovernmental co-operation body



Article 8



The Finnish-Swedish border rivers Commission



1. the parties hereby establish an intergovernmental

cooperation bodies, Finnish-Swedish border rivers Commission (the Commission), for the performance of duties under this agreement.



2. the Commission shall have such legal capacity in both

States that it can carry out its tasks.



3. The Statute of administrative rules for the Commission

(the Statute) shall form an integral part of the agreement.



Article 9



Composition



1. Each Party shall designate three members for some time to

the Commission, of which one member from a State agency responsible for water issues and one from a municipality that is within the scope of the agreement, as well as for each Member, one or more alternates.



2. The Presidency of the Commission shall alternate between the parties

calendar-year basis. The Chairman shall be appointed by the party holding the Presidency and the other party shall appoint the Vice-President.

Both should be members of the Commission.



3. Each Party may designate a maximum of three professional experts to

assist the Commission. The Commission may also hire other experts.



Article 10



Data



1. the Commission shall, in accordance with the provisions of this

agreement



a) developing cooperation between the parties in

River basin district,



b) promote collaboration between parties ' authorities with intention

to coordinate the programmes, plans and measures whose purpose is to attain the quality objectives for the aquatic environment and to track water status,



c) promote the coordination of the parties ' authorities and municipalities to work with plans for flood prevention and environmental accidents in gränsälvarna,



d) promote the coordination of the parties ' authorities and municipalities to work with conservation plans for gränsälvarna,



e) be responsible for ensuring that the common information is given and that joint information meetings are held on the programmes and projects referred to in this article, as well as



f) either agree or disagree draft programme

and plans for the river basin district.



2. the Commission shall monitor the application of this

understanding and practice of permitting issues and to draw the attention of the parties on the need for changes in the agreement.



Article 11



Powers



1. the Commission, on issues related to water or

environmental legislation which may affect the gränsälvarnas or coastal productive status or utilization, for operations within the river basin district will be entitled to



(a)) comment on permitting issues,



(b)) appeal against the decision in licensing matters, and



c) make a request for correction, in accordance with national

legislation, of violation of a permit decision or law or regulation based on the law.



2. the Commission has the right to make proposals and issue

testimony in other cases concerning water issues in the river basin district.



3. The Commission is entitled to give its opinion before a decision

taken on the regulations on fishing and on exceptions to the rules on fishing.



Article 12



The right to information



1. Authorities establishing such programmes and plans

referred to in article 4 shall keep the Commission informed of its work.



2. the Commission shall be informed about such matters and

decisions which it has the right to comment on or lodge an appeal so that it may exercise its powers under article 11.



3. Courts and authorities shall, on request, provide the Commission with any available information which it needs to carry out its tasks.



Article 13



Publicity



1. everyone has the right of access to documents held by

Commission in accordance with paragraphs 2 and 3 below.



2. When any of the Commission asks to take part in action


received from the authority in Sweden or Finland shall issue of disclosure must be examined by the authority which submitted the document in accordance with the laws and regulations that apply to the authority. It is for the Commission to immediately inform the Agency of the

such a request.



3. question of the disclosure of other documents held by the Commission, including such documents as referred to in article 34, paragraph 7, shall be examined by the guards as referred to in article 17, paragraph 1, of the country and according to the laws that apply where the Commission has his Office. In that regard, the Commission shall immediately send the document in question and the request to the

the security authority for examination.



Article 14



Costs



The costs of the Commission's activities shall be reimbursed to

equally by the parties. More detailed regulations can be found in the Charter.



Cross-border effects



Article 15



The relation to the Nordic

Environmental Protection Convention



1. For the activities or action in the river basin district as may

cause transboundary effects on aquatic status or for their use, the provisions of article 16 to 21 of this Agreement shall apply instead of the provisions of the environmental protection Convention between Denmark, Finland, Norway and

Sweden of 19 February 1974.



2. In the cases referred to in paragraph 1 shall also include other cross-border

effects than those on the status of waters or utilization are processed in the same order.



Article 16



Equal treatment



1. When a court or authority in one country is trying a

question on admissibility or licensing of activity or action referred to in article 15, the effects of the activity or action causes or is likely to cause in the territory of the other party shall be taken into account in the same way as the corresponding effects in their own country.



2. The affected or may be affected by effects from such

activity or action referred to in article 15 and conducted or to be conducted in the other country, in courts and authorities granted the same rights as a party in the country in which the business or operation is conducted or to be conducted.



3. The indications referred to in paragraph 2 shall apply correspondingly

with regard to the claim for compensation of damage due

business or operation.



4. Other than that referred to in paragraph 2 and in accordance with the rules laid down in

one country has the right to bring an action or comment on

case referred to in article 15 shall have the corresponding right in the other country in accordance with the country's laws and regulations that apply to comparable entities.



Article 17



Coverage of public interests



1. Each Party shall designate a security authority at

the other party's licensing court or authority

to safeguard the general interests in respect of activities or measures referred to in article 15.



2. For the defence of public interests is

guards have the right to request additional investigation as well as to be heard by, and sue or appeal to the other party's Court or authority, if the authority or any other representatives of public environmental interests in the other country may be heard, bring an action or appeal in similar cases.



3. If the guards informs the Court or

authority of the other party that the responsibility of the security authority in the particular case to be performed by any authority, applies the provisions mutatis mutandis also this authority.



4. The respective guards shall bear the costs

to occur in this for the purposes of the agreement.



Article 18



Information on licensing matters



1. When a court or authority in one country gets into a

case under article 16, paragraph 1, it shall inform the other party's guards.

This guards shall provide public notice and service of application and calling in their own country.

Release and service of process shall be made in the same manner and to the same extent as in the case of a corresponding application in their own country.



2. For information on judgments and decisions applicable to the corresponding

way as set out in paragraph 1.



Article 19



Vision



If it is necessary to the treatment of a case

in accordance with article 16 paragraph 1 referred to the sight in the other country to assess the cross-border effects, the Court or authority performing such a sight with the rewarding of and in cooperation with the other party's guards. At such

Ordinance, guards or one of the designated

expert witness.



Article 20



Water operations with significant impact



In the scope according to article 1, paragraph 1 shall not

announced the licensing of hydroelectric power stations, water management or water conduction which may substantially affect water conditions in a gränsälv, without prior consultations between the parties. These consultations should be designed to reach a solution which is consistent with its purpose.



Article 21



Coordinated processing



1. When someone searches for a permit for an activity or action described in

a gränsälv that in both countries require permission from a court or Government agency, each party's Court or authority strive to process applications at the same time.

The Court or the authority shall inform the other party's

Court or authority for the management of it to establish.



2. Court or authority shall, for information, send the judgment

or the decision in the case referred to in paragraph 1 to the other party's Court or authority.



3. the Court or authority shall not appoint to the State of an activity or action referred to in paragraph 1 may be invoked before the judgment or decision has become final, unless the judgment or decision in the other country's

tillståndsärende has become final.



Article 22



The language of the documents



In the cases referred to in articles 16 and 21, the State testing

Court or authority responsible for those referred to in article 16 during the proceedings are given adequate information on the Swedish and Finnish. The competent court or authority shall reply to summaries of the permit application and the judgment or decision are available in Swedish and Finnish. This is also to respond to the application documents as necessary is available on the Swedish and Finnish.



Provisions for fishing



Article 23



The geographical scope



This section contains basic provisions on the regulation of fisheries in these waters (Tornio-fishing area).



(a) the Rivers Könkämäeno and) and part of the Torne River and the lakes in which the border between Sweden and Finland are at (gränsälvarna),



b) watercourses that are side branches to gränsälvarna, however, are not tributaries,



(c)) the Tornio river branches, and



d) that part of the Gulf of Bothnia, which is North of and inside a line from Haparanda port over Shoe Ylikaris Potter's easternmost point, Northeastern point, the northernmost point of Sarvenkatajas and from there in a straight easterly direction to riksgränsen, and from there South along the border to Tornio and Kemi commune border and further on in Northeast direction along the municipal border with the Mainland.



Article 24



Fiskådra



1. In each branch of the river where the fish moves to the deepest place to run a fiskådra. Fish vein is a third of the river width, measured at normal low water flow. A fiskådra which, in accordance with the appropriate State laws can be found in the streams that flow into the River, continues with unchanged width until it reaches fish vein in the river.



2. Fishing gear or other device must not be placed or

can be used so that the fish's access can be hindered in fish or grain

that fish do not get there or can not move there. When fishing with flytnät and kullenät in fish vein must at least half of the trail's width to be free. If anyone has the special right to fish when fishing off vein composed this right.



Article 25



Detailed rules



1. The Charter provisions on fisheries within the Tornio-fishing area (fishing Charter) should form an integral part of the

the agreement.



2. The parties undertake to tributaries to the Tornio

fishing area to introduce the necessary provisions and take the necessary measures to promote the fish stocks.



Article 26



Authorization



In fishing Charter specifies the authorities responsible for managing the fisheries in the fishing area and the extent to which they may announce further provisions about fishing and grant exemptions from the provisions of the Charter. Before a decision is taken, the Commission shall be given the opportunity to give its opinion.



Article 27



Research and statistics on fish stocks



1. the parties perform in cooperation research and monitoring of

fish stocks.



2. the parties annually compiles common fisheries statistics. For this purpose it is collected necessary information about catch shares and

catches for each fishing season.



3. the parties ' competent authorities compiling according to common procedures.



Article 28



Measures to protect fish stocks for diseases, etc.



1. the parties undertake to adopt the necessary measures for

to protect the fish against serious infectious fish diseases and to prevent the introduction of alien fish species or fish strains.



2. the parties have a mutual obligation to immediately inform each other of suspicion or finding of the presence of serious infectious fish diseases.



Article 29



Violation of fishing rules




Provisions for penalties, seizure, confiscation, special effects and other effects of crime prevailing in the respective country shall apply to fishing violations in that agreement and in fishing Charter and regulations issued pursuant thereto in the same way as in violation of the law of the country where the offence was committed.



Final provisions



Article 30



Dispute resolution



1. Any dispute between the parties concerning the interpretation or application of

This agreement shall be settled by negotiation or by any other means as the parties agree.



2. Negotiations should begin within three months from the date on which either party to the other party through diplomatic channels made a request for negotiations.



Article 31



Review and amendments



1. the Parties shall meet to review the Accord's implementation. Meeting to be held within three months after the date on which either party requested it.



2. This agreement and its annexes may be amended by

agreement between the parties. The amendments will enter into force in accordance with the provisions of article 35.



Article 32



Termination



1. Either party may terminate the agreement by written notification to the other party. Denunciation shall take effect twelve months after the date on which the notice of termination has been received by the other party.



2. In the event of termination of this agreement, the Parties shall ensure that they are able to fulfil their international obligations in General.



Article 33



Agreements repealed



When this agreement enters into force, the following

agreements expire.



(a) the agreement between the Kingdom of Sweden) and

The Republic of Finland on the timber floating in the rivers Tornio and Muonio gränsälvar of 17 February 1949, and



(b) between Sweden and Finland) Gränsälvsöverenskommelsen of 16 september 1971 (the 1971 Agreement),



c) agreement between the Kingdom of Sweden and the Republic of Finland on the creation of a joint River basin district of 3 October 2003.



Article 34



Transitional provisions



1. When this agreement enters into force, the cases that are pending in the 1971 Finnish-Swedish gränsälvskommission are handed over to the Court or authority for processing.



2. In cases where Chapter 8, article 4 of the 1971 agreement applied when this agreement enters into force, the substantive rules of the 1971 agreement apply. Moreover, national rules shall apply.



3. authorisations granted on the basis of the 1971

Agreement shall continue to apply as if they were announced on the basis of national legislation. On review and oversight, the provisions of national law shall apply.



4. a) anyone who violates provisions of the State announced on the basis of the 1971 Agreement prior to the entry into force of this Agreement shall be liable to a responsibility according to the law then in force.



b) anyone who violates provisions of the State on the basis of the 1971 announced the agreement after the entry into force of this Agreement shall be liable to a liability under applicable law.



5. The funds earned from the sale of fishing licenses under

decision of the 1971 Finnish-Swedish gränsälvskommission will be transferred to the economic development, transport and the Environment Centre in Lapland and fisheries when this agreement enters into force.



6. other assets held by the 1971 Finnish-Swedish

gränsälvskommission, less any liabilities to be transferred to the Commission when this agreement enters into force. After the agreement has entered into force, contributions to the 1971 Finnish-Swedish gränsälvskommission laid down in the applicable authorisation decision is paid to the Commission.



7. The documents held by the 1971 Finnish-Swedish

gränsälvskommission shall be communicated to the Commission.



8. permitted network is in use when this agreement

enters into force and which do not meet the requirements of the first paragraph of section 8 of the Charter of the construction, fishing gear may be used during the three years after the agreement enters into force.



Article 35



Date of entry into force



This agreement shall enter into force 30 days after the

the parties diplomatically notified each other that the constitutional requirements for the entry into force of the necessary agreement has been met.



In witness whereof the undersigned, being duly authorised, have signed this agreement in duplicate on the Swedish and Finnish languages, both being equally authentic.



Administrative Statute of the Finnish-Swedish border rivers Commission



1 §



The Prime Minister's Office



The Finnish-Swedish border rivers Commission shall have its registered office and

his Office in the place in the border district of their own choice.

The Commission shall have a postal address in both countries.



The Office shall keep the Commission's archives and records.



section 2 of the



Staff



The Commission shall have a Secretary. It hired as

Secretaries must have college degree and master both Swedish and Finnish. If necessary, one or more Assistant Secretaries are hired.



The Commission may employ other staff.



The Secretary, Assistant Secretaries and other staff to

be employed or paid by the Commission.



For employment, the law of the country where the

the Commission has its headquarters and its Office.



paragraph 3 of the



Decision making



The Commission is a quorum when all six members are

at present. At the dissenting vote should be held. At the time of the vote will be the opinion regarding that at least four members, including at least two from each country, joins.



If the Commission does not within the allotted time may agree or disagree such programmes and plans referred to in article 10, paragraph 1 (f)) in the agreement, the Commission shall inform the relevant authorities about this, and the reasons therefor.



4 §



The President, members and experts ' tasks



The President should lead the work of the Commission.



The members of the Commission and experts will be convened by

the President participate in meetings of the Commission and, where necessary, assist in the preparation of cases with specific investigations or studies in their respective fields of competence.



If a member is unavailable, a substitute performance of its

data after the President's notice.



paragraph 5 of the



Secretary information



The Secretary shall, in accordance with the President's instructions to assist in the preparation of cases, bringing the Commission's Protocol and be responsible for the Commission's official register, summonses and other mailings and be responsible for the management of the Commission's funds.



6 §



Remuneration and terms of service



Fees, allowances for travel and subsistence expenses of

the members of the Commission and experts shall be paid by the Commission. The Parties shall, in consultation determine the bases for the fees.



Travel expenses and subsistence allowances of the members of the Commission and experts shall be reimbursed in accordance with the provisions in force in the home country of the members and experts.



The Commission shall determine the salaries and emoluments for the Secretary, Assistant Secretaries and other staff, as well as salary.



For other service conditions apply mutatis mutandis what

determined if the State employment in the country in which it has its registered office and its Office.



7 §



Budget and audit



The Commission shall, by 1 March of each year, establish and

the Parties shall submit a draft budget for the following calendar year. The Parties shall consult on the draft budget.



The Parties shall disburse funds to the Commission annually by 15 January.



If the audit determines the parties jointly. Auditor's report

and the annual report to be released before 1 February each year.



section 8



Opening and reception



The registry shall be open to the public. The Commission shall,

determine the opening hours.



The Chairman, the Secretary or the Deputy Secretary shall, unless valid reasons precluding, be available in the Office for some time, at least once a week.



The Commission shall inform about their opening hours.



§ 9



The language of the documents



Documents submitted to the Commission must be written in a language that the individual has the right to use in their communications with the authorities in each country. If there is a need to translate the documents, the Commission shall be responsible for it.



The Commission shall, where necessary, draw up protocols on the Swedish and

Finnish.



10 §



Rules of procedure



The Commission shall establish its own rules of procedure.



Fishing Charter for the Tornio-fishing area



General provisions



§ 1 Purpose



This fishing Charter is an integral part of gränsälvsöverenskommelsen between Finland and Sweden.



Fishing is allowed if it is reasonable with regard to the protection and

sustainable use of fish stocks within the Tornio-fishing area in Finland as well as Sweden. Taking into account a reasonable use of gränsälvarna in a way that promotes the interests of the whole of the border region, the starting point should be to

achieve a fair and equitable balance of the constituent and utilization point of view between scope overall fishing interests.



Fishing Charter's provisions and decisions have been issued with

support of this Charter shall not result in an application that is contrary to this objective and also not against Finland and Sweden's international obligations, in particular the European Community's common fisheries policy.



section 2 scope of application



The provisions of fishing Charter is applied in the following in the

Article 23 of the gränsälvsöverenskommelsen specified waters


(The Tornio-fishing area):



(a) the Rivers Könkämäeno and) and part of the Torne River and the lakes in which the border between Finland and Sweden are at (gränsälvarna),



b) watercourses that are side branches to gränsälvarna, however, are not tributaries,



(c)) the Tornio river branches, and



d) that part of the Gulf of Bothnia, which is North of and inside a line from Haparanda port over Shoe Ylikaris Potter's easternmost point, Northeastern point, the northernmost point of Sarvenkatajas and from there in a straight easterly direction to riksgränsen, and from there South along the border to Tornio and Kemi commune border and further on in Northeast direction along the municipal border with the Mainland. The coordinates of the break points that separate fishing area set out in annex 1.



With Riverside area referred to in this Statute that part of Tornio

fishing area lying north of the river mouth, determined that a straight line drawn between the tip of the Hellälä Northern Peninsula on the Finnish side and Cape Virtakari on the Swedish side and North of a straight line drawn through the southern tip of Oxö and Palosaari. With the sea area is that part of the fishing area lying south of the

This line.



paragraph 3 of the Closed zones



In the sea area to the water area within each State in addition to the statutory fish vein also be closed zones. They consist of waters extending 200 metres on both sides of the straight lines, whose coordinates are given in annex 1.



Fishing gear or other equipment must not be placed or

can be used so that the fish's time in the closed zone can be prevented or that the fish can't get there or can not move there.



All kind of fishing with large fish traps, nets fitted with bottom

and kroknät and other gear for catching salmon or trout is prohibited in the area of the sea bounded by the river mouth and a line drawn from the southern banks of the Salmenlahti River through the southern points of Kraaseli and Tirro, over the Northwest tip to the Northwest Sellö Pirkkiö headland.



section 4 Definitions



For the purposes of this Statute,



1) fixed gears: gears with flexure pivot, such as salmon traps and

big fish traps, which are intended to be used in the same place for at least two days, 2) small fish traps: one to the bottom weighed down with a trap net båghöjd

lower than 1.0 m and where no part is higher than 1.5 m,



3) entrenched networks: network with anchors, weights or their own

weight is put on or be anchored at or above the bottom and which do not operate with water,



4) flytnät: power drifting with the current,



5) kullenät (kolknot): the note that is attached to the boat,



6) draw: artificial lures, flies or wobblers, thereby

comparable baits, which are fitted with hooks and that with their movements, colors, or shapes attract fish to strike,



7) hand tools:, Rod, lure, and similar moving equipment that is equipped with the line and lure or hook, and



8) natural baits: live or dead bait and

Odoriferous preparations.



paragraph 5 of the fishing management fee



In so far as the fishing management fee shall be paid in accordance with the national

legislation of the country where the fishing is done, such fee shall be paid in accordance with the law.



When fishing with the drag from the boat, and if the fee shall be paid according to

first subparagraph, shall such fee is also paid for the row the boat in question.



Fishing tackle, fishing times and minimum dimensions



section 6 of the Permitted fishing gear



When fishing for salmon and sea trout shall be the following gear

be used.



1) fixed gear in the sea area,



2) flytnät and kullenät in the Riverside area at catch sites according to

Annex 2,



3) rod and traits, and



4) landing net on fishing grounds as set out in annex 2.



When fishing for species other than salmon and trout may only

the following tools and methods used.



1) fixed gear in the sea area,



2) flytnät and kullenät on catch locations in Riverside area under

Annex 2,



3) entrenched power in the maritime area as well as in älvområdets

calm water, sel and lakes,



4) lak and Pike hook including fish traps,



5) note in the maritime area,



6) landing net on fishing grounds in accordance with Annex 2,



7) traps and small fish trap,



8) rod and pull and gigging, and



9) angling with natural bait except in Rapids and flowing

water.



When fishing with hand tool may be used at the same time a maximum of three

move per gear. During the fishing with hand-held tools must always be within reach for the fisherman.



In fishing grounds where kullenät, flytnät and landing net may be used

According to annex 2, it is permissible to refit the catch site of fishing to the extent necessary for the performance of the fishery.



At the preparation under the fourth subparagraph, fishing

tool not be used if the intent is to catch fish with these during the preparation.



Anyone who intends to refit the catch location under the fourth

paragraph, the last seven business days before this started give notice of its intention, in Finland for economic development, transport and the Environment Centre in Lapland, and in Sweden for the local police.



section 7 prohibited gear or fishing methods



Gear other than those set out section 6 is prohibited. For fishing for all species, the following applies.



Fishing with otters (harrbräde) or similar fishing method

is prohibited.



Fishing with firearms, numbing or toxic substances or electric current shall be prohibited.



Fishing with hand tools or other hooks than lak and Pike hook

with the intention of hooking the fish from the outside or in such a way that the risk of this is obvious, is prohibited. A fish that krokats outside the mouth should be immediately released back into the water.



Fishing with spear and other gear that pierces the fish

from the outside is prohibited. Skaftförsedd huggkrok may be used to lift the fish caught with other gear.



When fishing with anchored nets, it is prohibited to use

current obstacles, flexure pivot or other fixed structures.



Objects intended to scare the fish or hinder its use,

not be placed in or above the water.



Prohibited gear must not be kept on board or otherwise be available. The same applies during the prohibition time of gear that are allowed at other times. However, it is permitted to transport firearms used for hunting. In the maritime area, it is also permissible to during the prohibition time transporting equipment permitted under section 6. This is true provided that the tools are attached and stowed.



section 8 fishing gear design and placement



When fishing with nets for species other than salmon and sea trout shall be such flytnät and anchored netting be used consisting of simple wire mesh with no bag (grimm) made by single-threaded nylon (Special) with a maximum thickness of 0.20 mm. In the ocean, however, it is permissible to use thicker thread in the nets with mesh sizes up to 40 millimeters.



A flytnät can be up to 120 meters long. A kullenät may

be no more than 200 metres long.



An anchored network must not be more than 60 metres long. This applies to

not, however, when fishing in the sea area during the period from 1 August to 30 april. It also does not apply to fishing in the sea area with anchored nets whose mesh size is less than 40 millimetres. The distance between the entrenched networks should be

at least 60 metres.



The entrance port on a traps for lamprey must not exceed 16 cm in any direction.



In fishing gear, but in pots and nets for fishing for salmon and trout, do not use metal wire, metallwire or equivalent.



Fishing in Riverside area with landing net for species other than salmon and trout is permitted only with a landing net is made of single-threaded nylon (Special) with a wire thickness not greater than 0.40 mm and of networks with at least 80 mm mesh size.



section 9 Marking of gear



Fishing gear used for fishing must be marked on such

way, it is made clear who the owners or users of the tool, as well as their contact information. The labelling shall clearly be observed without the gear needs to be taken out of the water.

Hand tool that is held in the hand or else within reach for the angler need not be labelled.



section 10 mesh



In the Riverside area, fishing tools have the following mask size.



1) when fishing for salmon or trout with flytnät and kullenät

at least 100 millimetres,



2) when fishing for species other than salmon and trout with flytnät

and kullenät at least 80 millimetres and not more than 100 mm,



3) when fishing with anchored nets at least 80 millimetres and not more than

100 millimetres, and



4) when fishing with small fish traps up to 80 millimetres.



In the maritime area to fishing gear have the following mask size.



1) when fishing with fixed gear up to 80 millimeters in the fish House, and



2) when fishing with anchored nets from 1 June to 31 July up to 90 millimeters, and at other times not exceeding 40 mm or 90 mm.



section 11 of the fishing season and closed times



Fishing for salmon and trout is prohibited unless otherwise provided for in this clause.



In the Riverside area, all fishing is prohibited from 15

September to december 15, with the exception of Lampreys with trap.



Fishing for salmon and trout with hand tools is allowed from 1 June to 31 August. Such fishing for salmon and trout, however, are prohibited from Sunday. 19 (18 Swedish time) and Monday at. 19 (18).



Fishing for salmon and trout in the Riverside area is allowed on

fishing grounds, according to annex 2



1) with landing net during midsummer week from Monday at. 19 (18) to the

Sunday at. 19 (18), and



2) with flytnät and kullenät during the midsummer week from and

with Tuesday through Thursday and the two after Midsummer


the following weekends from Friday at 19 (18) to Sunday. 19 (18).



Fishing for species other than salmon and trout in the Riverside area is

allowed on catch locations according to annex 2



1) with landing net only from midsummer week Monday at. 19 (18)

until september 14, and



2) with flytnät and kullenät only from 15 July

until 14 september.



In the maritime area are fishing with fixed gear for species other than

salmon and sea trout allowed from 11 June to 31 October. Fishing with fixed gear for trout is permitted from 17 June at 19:00. 12 to 31 August. Fishing with fixed gear for salmon is allowed from 17 June at 19:00. 12 to 15 september.



Each Contracting Party may, by means of national provisions

different fish categories determine the later starting date than those mentioned in the sixth paragraph, however, so that commercial fishing or fishing with fixed gear starts no later than June 29. Such national rules may cover also implement restrictions.



Piling and anchoring of fixed gear may commence before fishing is allowed. Discontinuation of non fishing articulated arms may commence no sooner than seven days before fishing is allowed.



section 12 of the minimum size and the restocking of fish



It is illegal to capture or kill the salmon or trout that are

less than 50 cm and grayling, which is less than 35 centimeters. The measurement is taken from jaw tip to tip, the lobe of the caudal fin more adhesions.



Fish that do not meet the minimum length shall immediately be released

back in the water, living or deceased.



Fish that meet the measure should live or dead be released back into the water on the



1) caught during the closed season,



2) caught with prohibited gear or prohibited fishing method,

or



3) is an overwintered salmon.



The fishing with fixed gear for species other than salmon and

Trout according to § 11 sixth paragraph, before fishing for salmon and trout is permitted, the daily pull all fiskhus and gently dropping back all caught salmon and trout.



Special provisions for pole-and-line and fishing with net



paragraph 13 of the fishing quota



It is allowed to capture and retain a salmon or trout per

fishermen and day when fishing with a rod and moves or landing net.



14 § use of the boat when fishing with the drag



Fishing for salmon and trout with hand tools from anchored boat shall not interfere with another's fishing.



When fishing with the drag from the boat, it is prohibited to use the engine, except in calm waters downstream of the bridge between Övertorneå in Sweden and in Finland the Hill. It is forbidden to use motor closer to whitewater areas than 200 metres. The prohibition referred to in this paragraph does not apply to persons with disabilities that impede

the use of the boat without engine.



Economic development, transport and the Environment Centre in Lapland and the National Board of fisheries, after the application of each case individually may decide to derogate from the prohibition laid down in the second subparagraph, if there are special reasons. Authorities shall inform each other of such decision.



Other provisions



15 § public authorities



The authorities referred to in article 26 of the gränsälvsöverenskommelsen is the Ministry of agriculture and forestry or for economic development, transport and the Environment Centre in Lapland and fisheries or the County Administrative Board of norrbotten or the

authority that replaces these with regard to the management of fisheries and the granting of derogations from the provisions of the Charter. Agreement on additional regulations on fishing may be concluded by the Finnish and the Swedish Government or authority and Government.



16 § provisions derogating from fishing Charter



In accordance with the purpose referred to in section 1 of this Charter shall

Governments or the authority that the respective Governments jointly agree on deviating from the Statute provisions on allowable fishing time, fishing methods, allowable gear, number of gears or other technical rules as well as the fishing grounds that will be covered by Annex II of the Charter in cases



1) constituent situation allows, or



2) with regard to the protection of fish stocks and

securing sustainable use.



They may be limited to part of the

the fishing area, part of the fishing season, or individual fishing method.

They may be limited to one season at a time, but can if necessary be evaluated and modified as necessary with regard to the conservation of fish stocks within the Tornio-fishing area.



Governments or authority and Government

determines shall annually review the permitted fishing start according to section 11 of this Statute and in accordance with the first paragraph of this clause and jointly agree on adjustments to take account of

stock situation in the area. Changes are recorded in a

in particular, jointly established protocols.



Deliberations on the amended provisions should commence at such

time and be in such a pace that local interests have time to be heard, and there are conditions for a decision on the provisions by 1 april of the year in which the provisions should be applied.



section 17 of the fishing authorisation



Economic development, transport and the Environment Centre in Lapland and the National Board of fisheries, or the authorities to which instructs, lease fishing permits where the State owns the rights to fish for salmon and trout. Such a permit may also be required for rowers who actively engage in fishing for salmon and trout.



Authorities may agree on a joint fishing permit

other ground owner in the river. A joint fishing permit entitles the holder to fish in the fishing licence area without obstacles of border. Authorities may agree on provisions relating to the sale of fishing licences and recognizing revenue from sales as well as monitor the sale of the State performed by private interests.



Revenue from fishing licences for a given area will accrue to those who hold the rights to fishing in the area in proportion to their shares in the waters. However, this does not apply to the State's fishing rights or fishing rights based on other special basis, whose value is to be determined in the agreement referred to in the second subparagraph.



Revenues from licensing of fishing permits for the specific area to be deposited in a joint account for Finland and Sweden.

Authorities shall, after the fishing legal holders assigned its share use the remainder to commonly agreed measures for control and research in the area.



section 18 of the Fishing shows and fishing competitions



Economic development, transport and the Environment Centre in Lapland, the SBF and County Administrative Board of norrbotten, in individual cases, dissenting from the provisions of fishing Charter, after agreement issue licences for fishing at fishing shows and competitions that take place in accordance with the guidelines that the authorities have agreed. The licensing authority may, in the conditions of the permit may authorize derogations from the provisions concerning fishing gear for the demonstration of traditional fishing practices in fishing shows. Permission is granted by authority of the country in which the business is conducted.

Authority of the other Contracting Party shall be informed about the condition. When the processing is article 21 of gränsälvsöverenskommelsen applied.



section 19 of the catch for scientific purposes



Economic development, transport and the Environment Centre in Lapland, the SBF and County Administrative Board of norrbotten, in individual cases, dissenting from the provisions of fishing Charter, after the agreement to grant authorisations for fishing for scientific purposes pursuant to the terms and conditions that the authorities have agreed. Permission is granted by authority of the country where the

the activities are carried out. In addition, the necessary permission of the owner of fishing. Authority of the other Contracting Party shall be informed about the authorization granted for scientific research. When the processing is article 21 of gränsälvsöverenskommelsen applied.



section 20 Opinion of the transboundary river Commission



Such an opinion referred to in article 11 paragraph 3 of gränsälvsöverenskommelsen do not need to be obtained in cases where the responsible authority may be required and adequate competence in the matter.



21 § Monitoring



Compliance with this fishing Charter is monitored by the economic development, transport and the Environment Centre in Lapland and the County Administrative Board of norrbotten and the bodies which, in accordance with each country's legislation, monitor fishing. Both parties should work to ensure that a sufficient number of adequately appointed fishing supervisors and supervision is exercised.



Surveillance may also be carried out by the Joint Finnish-Swedish

the surveillance patrols. During such monitoring have monitors from the other country observer status.



The relevant law enforcement authorities and fisheries supervisor in

Finland and Sweden shall, where appropriate, Exchange information.



section 22 of the application of the General fisheries legislation



Unless specific rules are provided in this Charter applies

respective fisheries legislation and the regulations issued pursuant thereto.



Annex 1. Fishing Charter's scope and closed zones

in the sea



Scope demarcation in the sea



Southern scope referred to in paragraph 2 of the Charter fishing

paragraph d) runs as straight lines between the following points.

Paragraphs are marked with three-digit numbers on a map at the end

of the annex. The coordinates relate to ETRS89 (WGS84) –

the system.



# Lat Lon Description



ggmm. dddd dddd ggmm.



991 65 46.1562 23 53.8963 pier at Haparanda port




992 65 00.1305 Potter's 41.5757 Shoe 24 Northeastern

point



993 65 39.5405 24 05.0768 Ylikaris easternmost point



994 65 37.3485 24 08.3960 Sarvenkatajas Northern

point



100 65 37.3484 24 09.7714 the point where the Swedish

eastbound line items

riksgränsen



444 65 37.1570 24 09.6966 breakpoint IV at the riksgränsen



101 65 36.7703 24 09.5888 the point where the Torne municipality boundary

meet the border



41.1659 189 17.4295 189 65 24 gems in the rough on Iso-Huituri,

municipality boundary



437 65 46.0298 24 26.1716 437 Rajakari gems in the rough on where

the boundaries between the three municipalities

meet



222 65 46.7880 24 26.9516 gems in the rough 2 on Koivuluoto



Closed zones



The closed fishing zones referred to in paragraph 3(1) of the Charter comprises the waters extending 200 meters on both sides from below specified straight lines. Line breakpoints are indicated by double digits on a map at the end of the annex.

Closed zones continues outside the scope under national jurisdiction.



a) from a point 65 ° 47,147 ' N, 24 ° 07,109 ' O (No 10) on

Kraaseligrundet outside the river mouth to a point 'n, 65 ° 45, 780

24 ° 06,160 ' O (# 11), thence to a point at 65 ° 43,930 'n,

24 ° 09,710 ' O (# 12), thence to a point at 65 ° 40, 480 ' N,

24 ° 11,660 ' O (# 13) and from there to a point 65 ° 36,773 'n,

24 ° 09,594 ' O (# 19),



b) from a point 65 ° 45,930 ' N, 24 ° 06,264 ' O (No 20) on the

According to a) walking the line to a point at 65 ° 45,980 ' N, 24 ° 02, 460 ' O

(No. 21), thence to a point at 65 ° 43,930 'n, 23 ° 59,210 ' O (# 22),

thence to a point at 65 ° 41, 930 ' N, 24 ° 01,410 ' O (# 23) and

thence to a point at 65 ° 41,177 ' N, 24 ° 01,101 ' O (No. 29),



(c)) from the point at 65 ° 43,930 'n, 23 ° 59,210 ' O (# 22) to a

paragraph 65 ° 43,162 'n, 23 ° 57,977 ' O (# 39),



d) from a point 65 ° 44,530 ' N, 24 ° 00, 170 ' O (# 40) on the

According to b) walking the line to a point at 65 ° 44,492 'n,

23 ° 56,166 ' O (# 49),



e) from the point at 65 ° 43,930 ' N, 24 ° 09,710 ' O (# 12) to a

paragraph 65 ° 43,880 ' N, 24 ° 13,860 ' O (# 52) and from there to a

paragraph 65 ° 40,726 ' N, 24 ° 16,642 ' O (# 59),



f) from the point at 65 ° 43,880 ' N, 24 ° 13,860 ' O (# 52)

paragraph 65 ° 43,730 ' N, 24 ° 19,110 ' O (No. 62) and from there to a

paragraph 65 ° 43,018 ' N, 24 ° 20,749 ' O (# 69).



Closed zones vertices in tabular form. Zones

stretching outside the contractual territory has included that information.



# Lat Lon



URggmm.ddd URggmm.ddd



Line a)



10 65 47,147 24 07.109



11 65 45.780 24 06.160



12 65 43.930 24 09.710



13 65 40.480 24 11.660



19 65 36.773 24 09.594 a-endpoint,

(= intercept

scope

outer limit)



---



1 65 34.930 24 08.570 a-riktningsgivande

point outside

scope



Line b)



20 65 45.930 24 06.264



21 65 45.980 24 02.460



43.930 22 65 23 59.210



23 65 41.930 24 01.410



29 65 41.177 24 01.101 b-end



---



24 65 35.930 23 58.960 b-break out

scope



2 65 34.930 23 59.849 b-riktningsgivande

point outside

scope



Line c)



43.930 22 65 23 59.210



39 65 43.162 23 57.977 c-end



---



32 65 38.930 23 51.210 c-break out

scope



33 65 37.930 23 50.360 c-break out

scope



3 65 34.930 23 51.552 c-riktningsgivande

point outside

scope



Line d)



40 65 44.530 24 00.167



49 65 44.492 23 56.166 d-end



---



41 65 44.430 23 50.010 d-break out

scope



d-23 42 65 48.210 43.530 break outside

scope



43 65 42.730 23 48.410 d-break out

scope



41.330 46.560 44 65 23 d-break out

scope



4 65 23 34.929 41.055 d-riktningsgivande

point outside

scope



Line e)



12 65 43.930 24 09.710



52 65 43.880 24 13.860



59 65 40.726 24 16.642 e-end



---



5 65 34.931 24 21.721 email riktningsgivande

point outside

scope



Line f)



52 65 43.880 24 13.860



62 65 43.730 24 19.110



69 65 43.018 24 20.749 f-end



---



42.230 f-24 63 65 22.560 breakpoint outside

scope



34.931 6 65 24 24.993 f-riktningsgivande

point outside

scope



Explanations for the map



Southern scope with three-digit number 991, 992,

993, 994, 100, 444, 101, 189, 437, 222.



Narvikfjellet breakpoints without numbering.



Closed zones my lines with double digits.



Line a: 10, 11, 12, 13, 19.



Line b: 20, 21, 22, 23, 29.



Line c: 22, 39.



Line d: 40, 49.



Line e: 12, 52, 59.



Line f: 52, 62, 69.



Annex 2. Fishing grounds



Landing net



Vojakkala Vaarankoski village Upper Vojakkala bys

the Community Association/

participating teams



Kukkolaforsen Kukkola village Kukkolas

the Community Association/

participating teams



Kukkolas

Whitefish fishing association



Matkakoski 8 Korpikyläs partner team



Of matkakoski

Whitefish fishing association



Vuennonkoski Vitsaniemis by Pekanpääs fishing team



Vitsaniemis

Fishing Association



Flytnät and kullenät



Mustasaari Karungis by Karungis participating teams/

Karungis

traditional fishermen's

cooperative



Karungis fishing association



Järviväylä Karungis by Karungis participating teams/

Karungis

traditional fishermen's

cooperative



Karungis fishing association



Matkakoski 8 Korpikyläs partner team



Tuoheanlahti 8 Korpikyläs partner team



Kultaniitty Pekanpää Pekanpääs fishing team



Vitsaniemis

Fishing Association



Pukulmi Kainuunkylä Kainuunkyläs fishing team



P-San Francisco

Fishing Association



Kokemäki Armassaari Armassaari fishing team



Laurinhieta Nuotioranta Nuotioranta fishing team



Luppios salmon fishing association



Karjosaari Alkkula Alkkula fishing team



Ruskolas fishing association



Vasikkasaari Närkki-Närkki-Tengeliö Tengeliö fishing team



Hannukkala Närkki-Närkki-Tengeliö Tengeliö fishing team



Kauvosaari Kauliranta Kauliranta fishing team



Koulunapaja Kauliranta Kauliranta fishing team



Juoksenki Juoksenki by Juoksenki fishing team



Niemi-Saloniemi

fishing law



Juoksengi Pia fishing team