98/416/EC: Council Decision of 16 June 1998 on the accession of the European Community to the General Fisheries Commission for the Mediterranean
Date: 1998-06-16
Institutions: Council of the European Union
Subjects: Mediterranean Sea, accession to an agreement, agreement (EU), fishing regulations

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 16 June 1998

on the accession of

the European Community to the General Fisheries

Commission for the Mediterranean

(98/416/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission (1),

Having regard to the assent of
liament (2),

the European Par-

Whereas the European Community is a signatory to the
United Nations Convention on the Law of the Sea, which
obliges all members of the international community to
cooperate in the conservation and management of the
biological resources of the sea;

Whereas, as regards sea fisheries, the European Commun-
ity is responsible for adopting measures for the conserva-
tion and management of fishery resources and in that
connection for entering into commitments with non-
member countries or international organisations;

Whereas the management and conservation of the living
resources of the Mediterranean Sea requires international
regulation;

to that end,

the Agreement establishing the
Whereas,
General Fisheries Commission for
the Mediterranean
(hereinafter referred to as the ‘GFCM Agreement’) was
concluded in Rome on 24 September 1949;

to contribute to the conservation of

Whereas,
living
marine resources in the area covered by the GFCM Agree-
ment in which Community fishermen operate, it is neces-
sary for
the European Community to accede to the
GFCM;

Whereas the European Community became a member of
the United Nations Food and Agriculture Organisation
(FAO) on 26 November 1991;
Whereas the accession of the European Community to
the GFCM is possible under Article I(2) of the GFCM
Agreement, read in conjunction with Article XIV of the
revised FAO Constitution;
Whereas the Agreement and Rules of Procedure of the
GFCM have been adapted to permit the accession of the
European Community,

HAS DECIDED AS FOLLOWS:

Sole Article

1.
The European Community shall accede to the
General Fisheries Commission for the Mediterranean by
means of the declaration of acceptance of the Agreement
and the Rules of Procedure of the organisation, in ac-
cordance with the instrument contained in Annex I.
The European Community shall also deposit a single
declaration on the exercise of competence and voting
rights agreed between the Council and the Commission.
2.
cedure of
Mediterranean are contained in Annexes II and III.

The texts of the Agreement and the Rules of Pro-
the General Fisheries Commission for the

Done at Luxembourg, 16 June 1998.

For the Council

The President

M. MEACHER

(1) OJ C 124, 21. 4. 1997, p. 61.
(2) OJ C 195, 22. 6. 1998.

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ANNEX I

Instrument of accession to the General Fisheries Commission for the Mediterranean

Sir,

I have the honour to inform you that the European Community has decided to accede to the
General Fisheries Commission for the Mediterranean. I therefore ask you accept this instrument,
by which the European Community accepts the Agreement and Rules of Procedure of the
General Fisheries Commission for the Mediterranean, in accordance with Articles I and XI
thereof, and the single declaration by the European Community on the exercise of competence
and voting rights, in accordance with the second sentence of Article II(6) of the Agreement.

The European Community formally and without reservation accepts the obligations arising from
its membership of the General Fisheries Commission for the Mediterranean, as set out in the
Agreement and Rules of Procedure, and formally undertakes to fulfil the obligations upon it at
the time of its accession.

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

President of the Council
of the European Union

Mr Diouf
Director-General
United Nations Food and Agriculture Organisation
Via delle Terme di Caracalla
I-00100 Roma

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Appendix

Single declaration by the European Community on the exercise of the competence and voting
rights according to Article II(6) of the GFCM Agreement

This declaration specifies the competence of the European Community and of its Member States in matters
covered by the Agreement establishing the GFCM.

1. EUROPEAN COMMUNITY’S EXCLUSIVE COMPETENCE

For agenda items dealing with conservation and management of living marine resources, the European
Community has exclusive competence and voting rights.

2. MEMBER STATES’ COMPETENCE

For agenda items dealing with organisational matters (legal, budgetary and procedural issues), the Member
States of the European Community have competence and voting rights.

3. SHARED COMPETENCE

(a) For agenda items dealing with statistics and aquaculture, the competence is shared between the Euro-

pean Community and its Member States. The European Community has voting rights.

(b) For agenda items dealing with research and development aid, the competence is shared between the

European Community and its Member States. Member States have voting rights.

(c) For agenda items dealing with consideration of reports and cooperation with other organisations, the
competence is shared between the European Community and its Member States, in accordance with
the same principles of distribution of competence as those set out above.

This declaration on the exercise of competence and voting rights applies to all GFCM meetings unless a
specific statement is made by the European Community in respect of any meeting or agenda item.

Should the scope of the competence shared between the European Community and its Member States
change, this declaration will be supplemented or modified.