CELEX: 51979PC0789
Language: en
Date: 1979-12-20
Title: Proposal for a Council Decision concerning the conclusion of an Agreement in the form of an exchange of letters providing for the provisional application of two Agreements concerning fisheries in the form of exchanges of letters between the European Economic Community and the Government of Canada# Proposal for a Council Regulation approving two Agrrements in the form of an exchange of letters between the European Economic Community and the Government of Canada concerning fisheries (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 789
Vol. 1979/0261
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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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.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---                                                     i                             • • •
     COMMISSION OF THE EUROPEAN COMMUNITIES
                                                               COM(79)789 final
                                                               Brussels , 20 December 1979
                           Proposal for a Council Decision
           concerning the conclusion of an Agreement in the form of an
           exchange of letters providing for the provisional application
           of two Agreements concerning fisheries in the form of exchanges
           of letters between the European Economic Community and the
                                ^     e"l s /
           Government of Canada
                           FProposal for a Council -Regulation
                               \     ^
                                \               .  /■■■•y/
           approving two Agrrements in the form of an exchange of letters
                                              V." V.V
           between the European Economic Community and the Government of
           Canada concerning fisheries
                   ( presented by the Commission to the Council )
COM ( 79 ) 789 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
                                  A                                      –
The Agreement on Fisheries and the Agreement in the form of an exchange of
letters referring thereto recently concluded "between the Community and
 Canada expire on 31 December 1979 *
 Negotiations were held on 6 - 7 December between the parties with a view . to
 extending the said Agreementsfor a further year , pending the negotiation of a
 longer-term framework agreement on fisheries .
                                             ** -
 The two delegations were able to agree upon a formula whereby the obligations
 of each party would continue for the calendar year 198O . This would involve ;
        ( 1 ) an Agreement in the form of an exchange of letters concerning
              the extension until 31 December I98O of the existing Agreement on,
              Fisheries , with slight modification to two . Articles thereof?
        ( 2) a separate Agreement in the form of an exchange of letters concerning
              salmon fishing.                       ^
 It was also       agreed by the 'two delegations that provision should be made for the
provisional application of these two Agreements from the date of signature , in
view of the importance for Community fishing vessels of access to Canadian
fishing grounds from the beginning of 1980 . To this end a further Agreement
in the form of an exchange of letters has been prepared .
Iri view of the foregoing, and taking into account the difficulties which a delay
in the appli cation . of these Agreements would cause for certain Community fleets ,
the Commission:     •
 ---pagebreak---                                   - 2 -
( 1 ) recommends that the Council , at its next meeting , authorize signature
      of the two Agreements on fisheries , and adopt the Decision annexed
      hereto ( Annex i ) approving the Agreement providing for provisional
      application of these two Agreements ;
( 2 ) proposes that the Council , after consulting the European Parliament ,
      adopt a Regulation approving the two Agreements on fisheries , a proposal
      for which is annexed hereto (Annex II ).
 ---pagebreak---                                                                          / ιητ^ τ
                           •               •
                         Proposal for a
                        Council Decision
         concerning the conclusion of an Agreement in-
         the form of an exchange of letters providing
         for the provisional application of two Agreements
         concerning fisheries in the form of exchanges of
         letters "between the European Economic Community
                                                           *■
         and the Government of Canada .
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 103 thereof ,
Having regard to the proposal from the Commission ,
Whereas the European Economic Community and the Government of Canada have
concluded an Agreementjpn Fisheries which expires on 31 December 1979 0 ), and
a supplementary Agreement in the form of an exchange of letters concerning that. ,
Agreement :              . '     . -     '             - ;
    -A                                 -
                                     »
Whereas negotiations between the parties have been held with a view to the
extension of their Agreement on Fisheries for the year 1 98O , ' and the conclusion of
               «·    ι·                        .                  *
an Agreement in the form of an exchange of letters concerning salmon fishing ;
Whereas the representatives of both parties have agreed to submit for the
approval of their respective authorities the two Agreements in the form of an \
exchange of. letters to this end , as well as" a draft Agreement in the form of
an exchange of letters providing for the provisional application of these
two Agreements ;                                  ^                 r
Whereas , in view of the importance' to the Community fishermen of early
application of the - said Agreements , , it is appropriate that the Community
agree to sign the two Agreements concerning fisheries , land approve the
Agreement providing for their provisional entry into force on the basis of
Article 103 of the Treaty , pending final approval of the two Agreements
concerning fisheries on the basis of Article 43 of the Treaty ;
                                                              S •      A
HAS DECIDED AS FOLLOWS :                     .
 ( 1 ) OJ No L
 ---pagebreak--- The Agreement in the form of an exchange of letters providing for the
provisional application of :
- the Agreement in the form of an exchange of letters between the European
  Economic Community and the Government of Canada concerning the extension of
  their Agreement on Fisheries , and
- the Agreement in the form of an exchange of letters between the EuropoDn
  Economic Community and the Government of Canada concerning Salmon Finhi rig ,
is hereby approved on behalf of the Community .
The text of the Agreement , as well as that of the two Agreements concerning
fisheries to which it refers , is annexed to this Decision .
                        Article 2
The President of the Council is hereby authorized to designate the persons
empowered to sign the Agreement for the purpose of binding the Community .
Done at Brussels ,             1979 .                   For the Council
                                                         The President
 ---pagebreak---                                                                ...        . ANNEX
        ' Agreement in the -form of an exchange of letters providing
          for the provisional explication of two Agreements concerning
          fisheries in the form of exchanges of letters "between the
          European Economic Community and the Government of Canada .
Sir ,
          With reference to the Agreement In The Form Of An
Exchange Of Letters Between The European Economic Community
And The Government Of Canada Concerning The Extension Of Their
Agreement On Fisheries , and the Agreement In - The Form Of An
Exchange Of Letters Between The European Economic Community
And The Government Of Canada Concerning Salmon Fishing , both
of which have been signed today , I have the . honour to propose
that these Agreements shall be provisionally applied from this
date .              \     ■
           I would draw your - attention to the fact that this
letter will be published in the Official Journal of the
European Communities in the six official languages? of
the Community , all versions being equally authentic .
          X would be obliged if you would kindly let me know
that your Government is in agreement with the foregoing ;
                                   For the European Economic Community
                                           - ■                                  *
                                                                     " i*
                                         ν
 ---pagebreak---            Agreement In The Form Of An Exchange Of Letters
 Between The European Economic Community And The Government of Canad
       Concerning The Extension Of Their Agreement On Fisheries .
 Sir .
             I have the honour to refer to the Agreement On
Fisheries Between The European Economic Community And The
Government Of Canada , done at Brussels , June 28 , 1979 .
                                              *
             In order to meet the interests of both the
European Economic Community and the Government of Canada ,
I have the honour to propose that the Agreement , as amended
below , be valid until December 31 , 1980 ..
  x          With reference to Article V , paragraph four of the
Agreement , I have the honour to propose that this provision
be amended to read as follows :
           - " In the event that third party fishing causes
       -     $ threat to the conservation of the living
             resources of the waters beyond and adjacent
             to the areas referred to in Article II , the
             two Parties agree to take cooperative action
             to overcome that threat "
 ---pagebreak---              With reference to Article VIII , paragraph four of the
Agreement , I have the honour to propose that this provision be
amended to read as follows :
              " The Parties agree to request that the International
              Council for the Exploration of the Sea conduct a
              scientific review of the North Atlantic Salmon stocks
              pursuant to terms of reference to be developed by the
            . two Parties , and that , this review be completed and a
              report presented by June 30 , 1980 "
               If this proposal is acceptable to the Government
 of Canada , I 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 .
               I would draw your attention to the fact that this
 letter will be published in the Official Journal of the
 European Communities in the six official languages of
 the Community , all versions being equally authentic .
 ---pagebreak---                             - 3 -
          I would be obliged ir you would kindly let me know
that your Government is in agreement with the foregoing .
                              For the European Economic Community
                                                           /
                                                            AK '
 ---pagebreak---               Agreement In The Form Of An Exchange Of Letters              /
     Between The European Economic Community And The Government Of Canada
                         Concerning Salmon Fishing
  • Sir ,   "
                 With reference to the Agreement In The Form Of An
     Exchange Of Letters Between The European Economic Community And
     The Government Of Canada On Fisheries signed on this date
     and , in particular , to Article VIII , paragraph -3 , of the
     Agreement thereby extended , I have the honour to confirm that
   , for 1980 the agreed annual total catch of Atlantic salmon ,
     west of 44 degrees west longitude , by Community vessels is
<    limited to a maximum of 1190 metric tons .    This amount will
     be subject to revision by agreement of the two parties taking
     into account any new scientific information .                   - . ;
            .1 would draw your attention to the fact that this
     letter will be published in the Official Journal of the         -
     European Communities in the six official languages of
     the Community , all versions being equally authentic .
                  ■ - "                             '              <
                 I would be obliged if you would kindly let me know
     that your Government is in agreement with the foregoing .
                                     For the European Economic Community
 ---pagebreak---                                                                      ANNKX II
                   Proposal for a Council Regulation
          approving two Agreements in the form of an exchange of
          letters between the European Economic Community and the
          Government of Canada concerning fisheries®
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 ,
Whereas it is in the Community 's interest to approve the Agreement in the form
of an exchange of letters between the European Economic Community and the
Government of Canada concerning the extension for 1980 of their Agreement on
Fisheries ( 1 ) and the Agreement in the form of an exchange of letters between
the European Economic Community and . the Government of Canada concerning Salmon
Fishing , signed in Brussels on               :
HAS ADOPTED THIS REGULATIONS
( 1 ) OJ No . L
 ---pagebreak---                                  - 2 -
                               Article 1                                   -
  <                            ––––                                               t
The Agreement in the form of an exchange of letters between the European
Economic Community and the Government of Canada concerning the extension for 1980 1
of their Agreement on Fisheries and the Agreement in the form of an exchange
of letters between the European Economic Community and the Government of
Canada concerning Salmon Fishing are approved on behalf of the Community .
The instruments referred to in the preceding paragraph are annexed to this
Regulation.                                                  -
                               Article 2
The President of the Council shall , on behalf of the Community , give the
notification provided for in the said Agreements ( 1 ).
                               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              ,              1980 .                  For the Council
                            ,         ~            '         The President .
( 1 ) The date of entry into force of the Agreement will be published in the
      Official -Journal of the European Communities by the Secretariat General of
      the Council .
 ---pagebreak--- ♦
           Agreement In The Form Of An Exchange Of Letters
  Between The European Economic Co^r/anity And The Government of Canada
       Concerning The Extension Of Their Agreement On Fisheries
                                                                       ι
 Sir ,
         «
              I have the honour to refer to the Agreement On
Fisheries Between The European Economic Community And The
Government Of Canada , done at Brussels „ June 28 , 1979 .
                            »                                      a
              In order to meet the interests of both the
European Economic Community and the Government of Canada ,
I have the honour to propose that the Agreement , as amended
below , be valid until December 31 , 1980 „
             With reference to Article V , paragraph four of the
Agreement , I have the honour to ptopos ^ that this provision
be amended to read as follows J
             " In the event that third party fishing causes
             a threat to the conservation of the living
             resources of the waters beyond and adjacent
           , to the areas referred to in Article II , the
             two Parties agree to take cooperative action
             to overcome that threat "
       V                                 >
                                ,(          '                        '
                                                       . . ./2 . .
 ---pagebreak---               With reference to Article VIII ,. paragraph four of the
Agreement , I have the honour to propose that 'this provision be
amended to read as \ follows t -                          ; ;
          -   " The Parties agree to request that the International
    /       1 Council for thei Exploration of the Sea conduct a
              scientific . review of the North Atlantic Salmon stocks
              pursuant to terms of reference to be developed by the
              two Parties , and that this review be~ completed and a
        ;     report presented by June , 30 , 1980 " '
              If this proposal is acceptable to the Government
of Canada , I 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 oi;her of the completion
of the procedures necessary for this purpose .         ''
              I . would draw your > attention to the fact that this
letter 'will be published ' in the Off icial Journal of the
          *                  ••      *                          I-
European Communities in the six official languages of
the Community , all versions being equally authentic .
 ---pagebreak---                   o
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                                                                             i
                                                                                                                               /'i f
 ---pagebreak---          Agreement In The Form Of An Exchange Of . Letters
 Between The European Economic Community And The Government Of Canadf
        Λ
                     Concerning Salmon Fishing
 Sir ,
             With reference to the Agreement In. The Form Of An
Exchange Of Letters Between The European Economic Community And
The Government Of Canada On Fisheries signed on this date
and , in particular , to Article VIII , paragraph 3 „ of the
Agreement thereby extended , I have the honour to confirm that
for 1930 the agreed annual total catch of Atlantic salmon ,
west of 44 degrees west longitude , by Coir-muni ty vessels is
limited to a. maximum of 1.190 metric tons .. This amount will
be subject to revision by agreement of the two parties taking
into account any new scientific information ,
            I would draw your attention to the fact that this
letter will be published in the Official Journal of the
European " Communities in the six official I-ngiages of
the Community , all versions being equally authentic .
            I would be obliged if you would kindly let me know
that yotir Government Is in agreement with the foregoing .
                                For the European Economic Community
                /        «