2004/815/EC: Council Decision of 19 November 2004 amending the declaration by the European Community on the exercise of competence and voting rights submitted to the General Fisheries Commission for the Mediterranean
Date: 2004-11-19
Institutions: Council of the European Union
Subjects: EU competence, Mediterranean Sea, common fisheries policy, competence of the Member States, division of powers, the EU's international role

L 357/30

EN

Official Journal of the European Union

2.12.2004

COUNCIL DECISION

of 19 November 2004

amending the declaration by the European Community on the exercise of competence and voting
rights submitted to the General Fisheries Commission for the Mediterranean

(2004/815/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(5)

Having regard to the Treaty
establishing the European
Community, and in particular Article 37 thereof, in conjunction
with the first sentence of Article 300(2) and the first subpar-
agraph of paragraph 3 thereof,

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

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

HAS DECIDED AS FOLLOWS:

Having regard to the opinion of the European Parliament, (2)

Sole Article

The

shall

amend its

European Community

single
1.
declaration of competence and voting rights submitted to the
General Fisheries Commission for
the Mediterranean when
acceding to this organisation, which shall be replaced by the
declaration by the European Community on the exercise of
competence and voting rights according to Article II(6) of the
GFCM Agreement contained in the Annex hereto.

2.
The President of the Council is hereby authorised to notify
the amended declaration by the European Community to the
Director-General of the Food and Agriculture Organisation.

Done at Brussels, 19 November 2004.

For the Council
The President

J. P. H. DONNER

Whereas:

(1)

(2)

(3)

The European Community is a member of the General
the Mediterranean (GFCM);
Fisheries Commission for
when acceding to this organisation,
the Community
deposited a single declaration by the Community on
the exercise of competence and voting rights (3).

GFCM adopted, at its meeting from 13 to 16 October
1997, amendments to the text of the agreement estab-
lishing an autonomous budget.

The Community accepted, by Council Decision of 17 July
2000, the amendment of the Agreement establishing the
General Fisheries Commission for the Mediterranean with
a view to establishing an autonomous budget for that
organisation (4).

(4)

The amendments relative to the autonomous budget
entered into force on 29 April 2004.

(1) OJ C 15, 20.1.1999, p. 13.
(2) OJ C 150, 28.5.1999, p. 153.
(3) 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).

(4) OJ L 197, 3.8.2000, p. 35.

2.12.2004

EN

Official Journal of the European Union

L 357/31

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

ANNEX

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 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 European 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 distri-
bution of competence as those set out in this declaration.

(d) For agenda items dealing with budgetary issues, the competence is shared between the European Community and its

Member States. The European Community has voting rights.

This declaration replaces the preceding declaration as of 1 December 2004 and 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.