COUNCIL REGULATION (EEC) No 3062/80 of 25 November 1980 on the conclusion of the Agreement on fisheries between the European Economic Community and the Government of Spain

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas, by its resolution of 3 November 1976 on certain external aspects of the creation of a 200-mile fishing zone in the Community with effect from 1 January 1977, the Council agreed, on the one hand, that the fishing by fishing vessels of third countries of fishery resources in the said zone would be governed by agreements between the Community and the countries concerned and, on the other hand, that fishing rights for Community fishermen in the waters of third countries must be obtained and preserved by appropriate Community agreements;

Whereas the Agreement on fisheries between the Community and Spain should therefore be concluded,

HAS ADOPTED THIS REGULATION:

Article 1

The Agreement on fisheries between the Government of Spain and the European Economic Community is hereby approved on behalf of the Community.

The text of the Agreement is annexed to this Regulation.

Article 2

The President of the Council shall, on behalf of the Community, give the notification provided for in Article 12 of the Agreement (2).

Article 3

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 25 November 1980.

For the Council

The President

Colette FLESCH

(1) OJ No C 175, 14.7.1980, p. 71. (2) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.

AGREEMENT on fisheries between the European Economic Community and the Government of Spain

THE EUROPEAN ECONOMIC COMMUNITY (hereinafter referred to as "the Community"), and

THE GOVERNMENT OF SPAIN:

RECALLING the close relations between the Community and Spain;

CONSIDERING their common desire to ensure the conservation and rational management of the fish stocks of the waters adjacent to their coasts;

TAKING into account the work of the Third United Nations Conference on the Law of the Sea;

AFFIRMING that the extension by coastal States of the areas of biological resources falling within their jurisdiction, and the exercise within these areas of their sovereign rights for the purpose of exploring, exploiting, conserving and managing these resources should be conducted pursuant to and in accordance with the principles of international law;

HAVING REGARD to the fact that the Community has agreed that the limits of the fishing zones of its Member States (hereinafter referred to as "the fishery zones of the Community") shall extend up to 200 nautical miles off the coasts of the North Atlantic, the North Sea, the Skagerrak, the Kattegat and the Baltic Sea, fishing within these zones being subject to the common fisheries policy of the Community, without prejudice to a similar measure in respect of the other fishing zones, and in particular the Mediterranean;

HAVING REGARD to the fact that Spain has established with effect from 15 March 1978 an economic zone which extends up to 200 nautical miles off the Atlantic coast, and within which Spain exercises sovereign rights for the purpose of exploring, exploiting, conserving and managing resources, without prejudice to a similar measure in respect of the Mediterranean;

DESIROUS of establishing the principles and rules which will govern future mutual relations in the fisheries sphere,

HAVE AGREED AS FOLLOWS:

Article 1

1. The purpose of this Agreement is to establish the principles and rules which will govern, in all respects, the fishing activities of vessels of either Party within the fishing zones falling under the jurisdiction of the other Party.

2. However, this Agreement shall not affect the reciprocal fishing arrangements of fishermen in the Bidassoa waters and in the Bay of Figuer as defined by the Agreement of 14 July 1959 between Spain and France.

Article 2

Each Party shall grant access to the fishing zone falling under its jurisdiction to the fishing vessels of the other Party under the conditions laid down by the following Articles.

Article 3

1. Each Party shall determine each year, for the fishing zone falling under its jurisdiction, subject to adjustments necessitated by unforeseen circumstances, and on the basis of the need for rational management of the biological resources: (a) the total allowable catch for individual stocks or complexes of stocks, taking into account the most reliable scientific information available to it, the interdependence of stocks, the work of appropriate international organizations and other relevant factors;

(b) after appropriate reciprocal consultations, the catch allotted to the fishing vessels of the other Party and the zones in which these catches may be made. The two Parties shall have as their objective the attainment of a satisfactory balance between their respective fishing possibilities in the fishing zones falling under the jurisdiction of the other Party.

In determining these possibilities, each Party shall take into account: (i) the advantage of preserving the traditional characteristics of fishery activities in the frontier coastal areas;

(ii) the need to minimize the difficulties encountered by the Party whose fishing possibilities may be reduced in the course of achieving the abovementioned balance;

(iii) all other relevant factors.

2. Each Party shall be able to take any other measures to ensure the conservation and rational management of resources in the fishing zones falling under its jurisdiction. Such measures when taken following the annual fixing of the other Party's fishing possibilities, should not be such as to compromise the effective operation of fishing.

Article 4

Each Party may require that in the fishing zone falling under its jurisdiction fishing by vessels of the other Party shall be subject to licence.

The competent authorities of each Party shall communicate to the other Party the name, registration number and other relevant particulars of vessels requesting authorization to fish in the fishing zone of the other Party. This provision shall also apply to any vessel intended to aid or assist a fishing vessel in carrying out tasks directly related to the latter's fishing activity. The second Party shall issue licences commensurate with the possibilities for fishing granted under Article 3 (1) (b).

Article 5

Fishing vessels of one Party shall, when fishing within the fishing zone falling under the jurisdiction of the other Party, comply with the conservation measures, supervisory measures and other provisions governing fishing activities in that zone. Due advance notice shall be given of any new measures, conditions or provisions.

Article 6

Each Party shall take all necessary measures to ensure that its fishing vessels comply with the provisions of this Agreement and with other related measures.

Article 7

Within the fishing zone falling under its jurisdiction, each Party may, in conformity with international law, take such measures as may be necessary to ensure that vessels of the other Party comply with the provisions of this Agreement.

Article 8

The Parties undertake to cooperate to ensure the proper management and conservation of the biological resources of the sea, and to facilitate the necessary scientific research in this respect, in particular with regard to: (a) fish stocks living within the fishing zones falling under the jurisdiction of both the Parties, with a view to achieving, as far as possible, harmonization of measures to regulate the fishing of such stocks;

(b) fish stocks of common interest living within the fishing zones falling under the jurisdiction of both Parties and in the areas beyond and adjacent to those zones.

Article 9

The Parties agree to consult on questions relating to the implementation and proper functioning of this Agreement or, in the event of a dispute, on questions concerning the interpretation or application of this Agreement.

Article 10

No provision of this Agreement shall affect or prejudice the position of either Party with respect to questions relating to the Law of the Sea.

Article 11

This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied, and under the conditions laid down in that Treaty, and, on the other hand, to the territory of Spain.

Article 12

This Agreement shall enter into force on the date on which the Parties notify each other of the completion of the procedures necessary for the purpose. Pending its entry into force, the Agreement shall apply provisionally as from the date of signature.

This Agreement shall remain in force for an initial period of five years after its entry into force. In the event of the Agreement not being terminated by either Party through notice of termination given at least six months before the expiry of that period, it shall remain in force for additional periods of five years, provided that notice of termination has not been given at least six months before the expiry of any such period.

Article 13

The Parties agree to examine this Agreement on the conclusion of the negotiations for a Multilateral Treaty, which are being conducted within the framework of the Third United Nations Conference on the Law of the Sea.

Udfærdiget i Bruxeles, den femtende april nitten hundrede og firs i to eksemplarer på dansk, engelsk, fransk, italiensk, nederlandsk, tysk og spansk, idet hver af disse tekster har samme gyldighed.

Geschehen zu Brüssel am fünfzehnten April neunzehnhundertachtzig in zwei Urschriften in dänischer, deutscher, englischer, französischer, italienischer, niederländischer und spanischer Sprache, wobei jeder Wortlaut gleichermaßen verbindlich ist.

Done at Brussels on the fifteenth day of April in the year one thousand nine hundred and eighty, in duplicate in the Danish, Dutch, English, French, German, Italian and Spanish languages, each of these texts being equally authentic.

Fait à Bruxelles, le quinze avril mil neuf cent quatre-vingts, en double exemplaire, en langues allemande, anglaise, danoise, française, italienne, néerlandaise et espagnole, chacun de ces textes faisant également foi.

Fatto a Bruxelles, il quindici aprile milleovecentoottanta, in duplice copia in lingua danese, francese, inglese, italiana, olandese, tedesca e spagnuola, ciascuno di detti testi facente ugualmente fede.

Gedaan te Brussel, op vijftien april negentienhonderd tachtig, in twee exemplaren in de Deense, de Duitse, de Engelse, de Franse, de Italiaanse, de Nederlandse en de Spaanse taal, zijnde alle teksten gelijkelijk authentiek.

Hecho en Bruselas a quinze de abril de mil novecientos ochenta en dos ejemplares en lengua española, alemana, danesa, francesa, inglesa, italiana y neerlandesa, dando fe cada uno de estos textos.

For Rådet for De europæiske Fællesskaber,

Für den Rat der Europäischen Gemeinschaften,

For the Council of the European Communities,

Pour le Conseil des Communautés européennes,

Per il Consiglio delle Comunità europee,

Voor de Raad van de Europese Gemeenschappen,

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For regeringen for Spanien,

Für die Regierung von Spanien,

For the Government of Spain,

Pour le gouvernement de l'Espagne,

Per il governo di Spagna,

Voor de Regering van Spanje,

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