Proposal for a Council Decision relating to the acceptance, by the European Community of the amendment to the Agreement of the General Fisheries Commission for the Mediterranean establishing an autonomous budget for that Organisation (1999/C 15/05) COM(1998) 690 final - 98/0332(CNS)

(Submitted by the Commission on 2 December 1998)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof in conjunction with Article 228, paragraph 2, first sentence and paragraph 3, first subparagraph,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas the European Community is a member of the General Fisheries Commission for the Mediterranean (GFCM) (1);

Whereas the management of fish stocks in the Mediterranean requires that action be taken at multilateral level to regulate the fishing activities in the high seas; whereas the development of aquaculture can benefit from multilateral co-operation; whereas the GFCM is the appropriate framework for these actions;

Whereas GFCM has recently adopted amendments to the effect of reinforcing its activities by creating a scientific advisory committee and by making the periodicity of the meetings annual; whereas the new activities of this organisation require the necessary financial means;

Whereas GFCM depends entirely on the budget of the Food and Agriculture Organisation (FAO); whereas the limitations in this budget do not allow to finance the activities of GFCM which are necessary to accomplish its new, reinforced role; whereas it is therefore necessary that GFCM disposes of its own autonomous budget;

Whereas GFCM adopted, at its meeting of 13 to 16 October 1997 the amendments to the text of the agreement to the effect of instituting the autonomous budget. Whereas the autonomous budget represents a new obligation to GFCM contracting parties in the sense of Article X.2 of the GFCM Agreement;

Whereas new obligations can only enter into force upon adoption by two thirds of GFCM members; and with respect to each member, only on acceptance by that member;

Whereas it is therefore necessary that the Community adopts an instrument of acceptance of the autonomous budget of GFCM,

Whereas the acceptance of an autonomous budget for GFCM implies that the Community will provide a financial contribution to that budget; whereas the volume of this contribution makes it necessary to adapt the declaration of competence and voting rights deposited at the time of the accession of the Community to GFCM,

DECIDES:

Sole article

The Community shall accept the establishment of an autonomous budget in the General Fisheries Commission for the Mediterranean, in accordance with the instrument contained in annex, and amend its declaration of competence and voting rights accordingly.

(1) Council Decision (98/416/EC) of 16 June 1998 on the accession of the European Community to the General Fisheries Commission for the Mediterranean (OJ L 190, 4.7.1998, p. 34).

ANNEX

Instrument of acceptation of the autonomous budget of the General Fisheries Commission for the Mediterranean

Sir,

I have the honour to inform you that the European Community has decided to accept the newly established rules for the autonomous budget of the General Fisheries Commission for the Mediterranean. I therefore convey to you this instrument by which the Community accepts the new Article VIII bis and IX bis as well as the amendments to Articles II, VII and IX of the Agreement as adopted at the meeting of 13 to 16 October 1997, in accordance with Article X.2 thereof.

As the Community will become, after the entry into force of the said amendments, a major contributor to the budget, the actual declaration of competence and voting rights annexed to the instrument of accession of the European Community to GFCM will be replaced as from that date on by the declaration of competence and voting rights annexed to this letter.

I have the honour to be, Sir, yours faithfully,

President of the Council of the European Union

Mister Diouf

Director General

Food and Agriculture Organisation of the United Nations

Via delle Terme di Caracalla

I-00100 Roma