CELEX: 51980PC0886
Language: en
Date: 1980-12-16 00:00:00
Title: RECOMMENDATION FOR A COUNCIL DECISION concerning the conclusion of an Agreement in the form of an exchange of letters between the Government of Canada and the European Economic Community concerning their fisheries relations (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 886
Vol. 1980/0277
 ---pagebreak--- Disclaimer
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concernant l'ouverture au public des archives historiques de la Communauté économique
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p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(80 ) 886 final
                                                Brussels / 16th December 1980
                         RECOMMENDATION FOR A COUNCIL DECISION
        concerning the conclusion of an Agreement in the form of an exchange of
               letters between the Government of Canada and the European
              Economic Community concerning their fisheries relations
                                                    • r,
                                                 *\    i
                    ( presented by the Commission to the Council )
COM ( 80 ) 886 final
 ---pagebreak---                                EXPLANATORY MEMORANDUM                                       si
 By its decision of           April 1980 the Council authorized the Commission
 to conduct negotiations for a fisheries agreement with Canada .                    -
 The negotiations between the Government of Canada and the Commission reached
 their conclusion on 29 November 1980 . The text of the Agreement , in the
 form of an exchange of letters , was initialled by Mr. A.E.H. Campbell ,
 Director General , International Fisheries Division , Department of Fisheries
and Oceans , Ottawa , and by Mr. R. Simonnet , Director , Di rectorate-General .            ■>
for Fisheries , Commission of the European Communities . The Agreement is to ^
be valid for six years in the first instance .
Hie A.jioeinnhi iti 'M/ i'less for Ni « opening by the Community of tariff quotas
for the importation of certain fisheries products . The products , tariff rates
and quantities proposed are given in Annex II to the draft exchange of letters .
The tariff quotas to be opened by the Community are erga omnes , i.e. any
country which has the right to fish for the species in question in the North
Atlantic will be able to benefit from these quotas . The quotas are to be
opened in the framework of the Community 's regulations concerning the common           1 Τ
organization of the market for fisheries products .
The Agreement also refers to the Community 's regulation of salmon catches at-
West Greenland for 1981 , and if an international convention on Atlantic Salmon
has not yet come into effect , for 1982 and 1983 . Iri the framework of its policy
for the conservation and management of fisheries resources , the Commission
will propose that the possibility for catching salmon by Community vessels
west of 44°W be fixed in an addendum to its proposal for a Council Regulation
fixing total allowable catches for 1981 , and if necessary , by similar
regulations for 1982 and 1983 .
The Commission considers that it is in the interest of the Community to open
the tariff quotas set out in Annex II to the Draft Agreement in the form of
 an exchange of letters . These concessions correspond in value and in duration
 with the fishing possibilities to be made available by Canada to vessels
 flying the flag of Member States of the Community .
 In the light of the foregoing , the Commission
 (i)      recommends that the Council , at its next meeting , authorize its
          President to designate the persons authorized to sign " this Agreement ,
 ( ii ) proposes that the Counci I . approve- the - outcome of - the.negotiat ions by
        . taking the decision , a recommendation*" for wfii ch^s-f-- annexed' toergto ,
          thereby approving the Agreement .            - v. M ;
 ---pagebreak---                Recommendation for a Council  Decision
         concerning the conclusion of an Agreement in the form
         of an exchange of letters between the Government of
         Canada and the European Economic Community concerning
         their fisheries relations
THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic Community ,
and , in particular , Article 113 thereof ,     ,
Having regard to the recommendation from the Commission ,
Whereas the European Economic Community and the Government of Canada have
concluded their negotiations concerning their fisheries relations .
Whereas the resulting Agreement in the form of an exchange of letters ,
annexed to this Decision provides for the opening of tariff quotas by the
Community for certain fisheries products from 1 January 1981 ,
Whereas it is , therefore , appropriate that the Agreement in the form of
an exchange of letters be approved on the basis of Article 113 of the Treaty ,
HAS DECIDED AS FOLLOWS :   -
                                 Article 1
The Agreement in the form of an exchange of letters between the Government
of Canada and the European Economic Community concerning their fisheries
relations is hereby approved on behalf of the Community .
The text of this exchange of letters is annexed to this Decision .
 ---pagebreak---                                 - 2 -
                               Article 2
The President of the Council - is hereby authorized to designate the persons
empowered to sign the Agreement in order to bind the Community .
Done at                                       For the Council
                                               . The President
                      ν
 ---pagebreak---                                                                               4
                Draft Declaration of the Council and the Commission
                    to be included in the minutes of the Council
The Council and the Commission hereby confirm their understanding that
the Canadian authorities have undertaken to deliver licences to fish
parts of the allocations provided for in Annex I to the Agreement in
the form of an exchange of letters to any "Member State of the Community
which has an interest in these fisheries , taking into account the quotas
allocated to vessels flying the flag of the respective Member States in the
areas concerned in the framework of the Common Fisheries Policy . The Council
and the Commission declare that the tariff -quotas opened under Annex II
to this Agreement may be reconsidered or closed if the Canadian authorities
do not carry out the undertaking referred to above .     . ~
 ---pagebreak--- Letter from the European Econmic Community to the Government of Canada
Sir -                                          .     ~
I have the honour to acknowledge receipt of your letter of today 's date ,
which reads as follows :                                                I
M                                                '
I have the honour to inform you that the Council       of the European Communiti
is in agreement with the contents of your letter .
  ;     ...                                                         •
Please accept , Sir > the assurance of my highest consideration .
                                                                      I
    , .                                            On behalf of the Council of
                                                     the European Communities
 ---pagebreak--- EXCHANGE OF LETTERS BETWEEN
THE GOVERNMENT OF CANADA
         AND THE
EUROPEAN ECONOMIC COMMUNITY
        CONCERNING
THEIR FISHERIES RELATIONS
 ---pagebreak---         With reference to the Agreement on Fisheries between the
 European Economic Community and the Government of Canada signed on
this date / in particular , to Article VIII , I have the honour to
confirm that the Government of Canada will provide to vessels flying
the flag of Member States of the Community the opportunity to fish
according to the laws and regulations of Canada the allocations listed
in Annex I to this letter .
        The maintenance of these allocations shall be contingent upon
the fulfillment by the Community of its obligations with regard to
commercial cooperation set out below .
                       \
        If the benefits from this undertaking are nullified or impaired
by direct or indirect action by Canada , the two Parties shall consult
promptly with a view to removing such nullification or impairment .
 ---pagebreak---                                - 2 -
        I have the honour in addition to confirm my understanding that
 the Community will open tariff quotas for the importation of fisheries
 products as specified in Annex II to this Letter dur'ing the period
 1 January 1981 to 31 December 1986 .
        The maintenance of these tariff quotas shall be contingent upon
the fulfillment by Canada of its obligations concerning fishing
allocations set out above .
       If the benefits from this undertaking arfc nullified or Impaired
by direct or indirect action by the Community, the two Parties shall
consult promptly with a view to removing such nullification or
impairment .
       The two Parties agree to examine , before January 1 , 1986 . the
  «•
mutual fisheries arrangements which might follow those provided for
in the present arrangement .
 ---pagebreak---                                                                              '  -, . h
                                   - 3 -
          This exchange of letters is without prejudice to the rights and
 obligations of Canada and the Community under the General Agreement
 on tariffs and trade .
          With regard to Atlantic Salmon / the Government of Canada and the
 Community recognize that states in whose rivers anadromous stocks
 originate have the primary interest in and responsibility for such stocks ,
 and agree that fishing for anadromous species should not be conducted
 in areas beyond the limits of national fisheries jurisdiction . They
 will continue to work together for the establishment , as soon as possible , of
 a'.' permanent international arrangement reflecting this position .
          In the interest of the conservation of anadromous species , each
Party , in the context of close scientific cooperation , shall regulate
the fishing for anadromous species within its area of fisheries
 jurisdiction , and shall take measures to prevent vessels flying the flag
either of Canada or of a Member State of the Community from taking
anadromous species in waters beyond the limits of their fishery zones .
          The two Parties agree on the following mea9j res , for 1981 :
- The Government of Canada shall regulate the fishing of Atlantic        -
salmon in the Canadian area of fisheries jurisdiction in such a
manner as to avoid as far as possible the catching of Atlantic salmon
of Community origin .
- The Community will limit fishing for Atlantic salmon west of 44°
west longitude by vessels flying the flag of. Member States of the
Community to 1,190 tonnes , and will ensure that such catches are taken
in accordance with the fishing patterns of 1976 and 1977 .
          Moreover , the two Parties agree to examine , before 1 July 1981 ,
the consequences for the salmon fishery which might result from any
change in the opening dates of the fishery season in Greenland .
 ---pagebreak---        If an International Convention for Atlantic salmon has not been
established in time to determine fishing conditions applicable in 1982 ,
the two Parties agree to prolong the preceding provisions for one year
and if the aforesaid Convention has not yet e ntered'into force , until
31 December 1983 .
       If the proposals referred to in this letter 'are acceptable to
the Community, 1 have the further honour to propose that this Note , and
your reply to that effect , shall constitute an agreement between the
European Economic Community and the Government of Canada which shall
enter into force on the date on which the Parties notify each other of
the completion of the procedures necessary for this purpose .
 ---pagebreak---                                ANNEX I
Annual quotas to be allocated to the Community by Canada for the period
1 January 1981 - 31 December 1981 .
                  SQecT.es          Zone        Quantity
                  Cod              2J3KL       8,0C0 t
                  Cod              2GH          6,500 t 1
                 Squid             3 and 4      7,000 t
 1 January 1982 to 31 December 1986
                 Cod              2J3KL        9,500 t
                 Cod              2Gtf         6,500 t
                 Squi d           3 and 4      7,000 t
 ---pagebreak---                                                               Annex   IT
*                        Tariff quotas to be opened by the European Economic Community
                                                          1W - 1986                           ;             <n tonnes
                      Item
                                               | Rate     . _____
                                                                 1931    19ST     1933     1954        1925
                                                                                                              L;**
    03.01.0.1 , h>2                                     t
                                                                                                            4
    Cod frozen roundCD !
                                                 zA21'       5.000      S. 000    6.000 ,   6.000    6.000      6.000
    03.01.0.1 . f>2         '
   Red fish                      • . ■              «                                  %
    frozen round ,
                                       •
                                *        V
                                                    (2 )
   03 .01 . 8.11 . b>1 •                        4X           7.000      8.000 • 8.000      9.000'    9.000 J 9.000
                                                    (2 )
   Cod fillets frozen <1 >                •.    6%           9.000    10.000 11.000 • 12.000         Î.000 '   15.000
                                                      S   i
                                             t
                                                                                         i
                                                                                                             I
                                                                                                             I
                                                                   Φ
                                                                                                                          »
   03.0?. A.I. b
   Cod whole salted                             OX           (31        <3)        <3)     A. 000    S. 000     6.000
                              *    , •
                                                                                                                      I
  •03 . 02 . A. II . a .         "
1  Cod fillets' salted                          OX           (3 )       (3 )       (3)     2 . S00
                                                                                                   I 3.500     4.000
                          .   •
   ex . 16.04 . C. II                           10X         3.000'     4.000     4.500     6.000     6.500     7.000
   " Herring-flaps",. prepared
  or preserved in vinegar, in
  packinqs of a net capacity
  of 10 Kg or more
     < 1 ) Of the species gadus morhua , North Atlantic cod; imports into the Community will                            .
           be permitted only when accompanied by a certificate of origin,
     (2 ) the suspension shall apply to fish intended to undergo any treatment unless they
           are intended to undergo exclusively one or more of the following treatments :
           - cleaning , gutting , heading, tailing                           - packing ,
           - cutting ( excluding filleting or cutting                        - icing ,
             of frozen blocks )                                              " freezing ,
           - sort inq ,                                                      - deep freezing ,
           - labelling ,                                                     - thawing, separation .
           The suspension is not allowed for products on which otherwise qualifying treatmants
           are intended to be carried out at retail or catering level . The suspension shall
           apply only to fish intended for human consumption . Control of the use for this
           special purpose shall be carried out pursuant , to the .relevant Community provisions .
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