CELEX: 51978PC0526
Language: en
Date: 1978-10-13
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) CONCERNING THE CONCLUSION BY THE EUROPEAN ECONOMIC COMMUNITY OF THE CONVENTION ON FUTURE MULTILATERAL COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES (Submitted by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 526
Vol. 1978/0191
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                             COM(78)526 final
                                             Brussels , 13 October 1978
                PROPOSAL FOR A COUNCIL REGULATION (EEC )
           CONCERNING TEE CONCLUSION BY THE EUROPEAN "ECONOMIC
           COMMUNITY OP THE CONVENTION ON FUTURE MOTI LATERAL
           COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES
            ( Submitted "by the Commission to the Council )
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  COM (78 ) 526 final
 ---pagebreak---       l
    Recommendation from the Cemajieaion to tho Council concerning the conclusion
    fey the European Economic Community of tha Convention on Future JfeXtllatorai
    Cooperation in the Horthweat Atlantic Fisheries *
1.  On 3 November 1975 the Council agreed that in tho future work of international
   'fishery organisations and in particular ICMF, NEAKJ , and IGSSAF , tho Community
    and the Member States would act in aocordonce with the proposals made by the
    Commission in this regard , including the proposal that the Community should
    centime to participate in international cooperation for tho conservation and
    management of resources within such organisations ,        provided that tho appro­
    priate amendments arc made.io the provisions governing their present method of
    operation , in order :
    ~ to onsuro tho participation of tho Community as such , in accordance with
        tho procedures laid down by the Treaty for tho exercise of its powers and
        in particular those arising from the common fisheries policy ;
    - to limit and/or amend the responsibilities of the international organisation
        in order to ensure that it is in conformity with and. compatible wi-th the
        responsibilities entrusted to the coastal state in respect of the management
        of its own resources *" (l )
2.  With referenco to the fisheries of Northwest Atlantic area , currently governed
    by the International Convention for tho Northwest Atlantic Fisheries ( ICTCA.F),      stati
    the Connueeion has participated in consultations with representatives of the Member /
    from March 1977 to Hay 1979 , in a series of international conferences convened
    by the Canadian government to prepare a new fishcriea Convention which would
    establish a firm basis for the continuation of multilateral cooperation in the
    Northwest Atlantic Fisheries within a frareework specifically suited to the new
    regime of extended coastaJ. state jurisdiction® Following a Diplomatic
    Conference held in Ottawa in October 1977 and a subsequent informal meeting
    of exports on 1-2 May 1978j the Canadian Government dooided in July 197 8 to
    acek the approval of the parties to the Diplomatic Conference for the .rt'ached
    toxtof a nan Coavontiorv in the English and' French languages . Having received
    an appropriate number of approval .?, tho Canadian authorities have now decided to
    open the proposed Convention for signature' at a date yet to be fixed at the end
    of October 19785    It is hoood that an early opening for signature will allow tir.;e
    for a sufficient number of ratifications or approvals to be made before 31 December
    for the Convention to come into force on 1 Ja>iuary 1979 . Meanwhile Member States
   whioh are Contracting Parties to ICWJP 'mve given notios of their intention to
   withdraw from the Convention <. 31 P^ceiabsr 1979 .
     (1) p. 21 , DOC R/2227/76 , (1   644 ) pCTJK 36 )
 ---pagebreak---                                           ■  2
 3« In the view of the Commission , the proposed Convention , whioh establishes a new
     international fisheries organisation replacing ICNAF, to be known aa the North­
    west Atlantic Fisheries Organisation (NAFO) , meets tha two principal objectives
    whioh were set by the Council in its negotiating directives to the Commiesion .
    On the one hand , the Community is entitled to be a Contracting Party to the
    Convention as one of the parties represented at the Diplomatic Conference held
    in Ottawa in October 1977 ( see Article XXIl) ; on the other hand , the area in
    which the Fisheries Commission established under the Convention will exercise
    responsibility for the management of fishery resources ( the . so-called "Regulatory
    Area") is confined to that part of the Convention Area which lies beyond the
    areas in which coastal states exercise fisheries jurisdiction (Artiole l )«
 4a In the course of these negotiations the Community could not agree with the
    majority of other delegations on one substantial issue , namely , the procedure
    for the allocation of catches in waters beyond national fisheries jurisdiction
    off the Grand Banks and Flemish Cap (Artiole XI f paragraph 4a ) ®     In the
    Community 's view the special consideration given to the coastal communities of
    a particular coastal state in this text might conceivably prejudice the
    Community 's position on the rights of the coastal state in the context of
    discussions on the law of the sea®      In order to alleviate this concern, the
    Commission sought formal assurances from the Canadian authorities in July that
    acceptance of this text did not affect or prejudice the views and positions of
    Canada or of the ESC or its Member States with respect to the law of the sea
    and that it should not be invoked as a precedent in other cases concerning
    the conservation and utilisation of resources of the sea«       The Canadian autho­
    rities confirmed this understanding on 9 August 1978® ( Saa Exchange of Notes
    in Annex l )»
5.  In the light of this understanding , and in ; ord&r to assure the Community 's
    effective participation in future multilateral cooperation on fisheries in
    the Northwest Atlantic , the Commission rec9mmends that the Council approve the
    draft Convention , and set in motion the procedure for signature and conclusion
    of the Convention by the Community , that is :
       - that , at its next session , the Council
         c decide to proceed v &rtfcject to conclusion , to signature of the Convention
         a authorize its President to designate the persons empowered to sign the
           Convention
                                                                                 • •/ • • •
 ---pagebreak--- that the Council take steps , in conformity with its normal practice , to
consult the European Parliament ;
that the Council proceed , at the appropriate time , to the adoption of the
draft regulation (attached in Annex II ) approving the Convention*
 ---pagebreak---                                                                                              ΑΝΤΓΚΧ Ι
         COMMISSION                                             '    „       ''            "      ' :
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EUROPEAN COMMUNITIES
 Directorate-General for Fisheries
   000722                                          NOTE VERBALE
                     The Directorate General for Fisheries of the Commission of the European
            Communities presents its compliments to the Mission of Canada to the European
            Communities and has the honour to refer to the Mission 's Note Verbale n° 2725
            of 14 July 1978 by which the Mission transmitted the text of the proposed
            convention on Future Multilateral Cooperation in Northwest Atlantic Fisheries .
                      It will be recalled that the representative of the European Economic                      ■*.
            Community at the informal meeting in Ottawa which prepared this . draft reserved
            the position of the Community in regard to Article XI , paragraph 4 of this text
                  •   After careful consideration the European Economic Community has now
            decided / in a spirit of compromise and with a view to safeguarding future
            multilateral and bilateral cooperation on fisheries In the Northwest Atlantic ,
             to agree that the convention be opened for signature on basis of th<^ text .
            established by the said meeting . This agreement extends to the two corrections
             referred to in the Mission 's Npte Verbale . The Community 's agreement is oased-
             on the understanding that in accordance with Article I , paragraph 5 , the                      -
             acceptance cf Article XI , paragraph 4 , in no way affects or prejudices the
             views and positions of Canada or of th$ EEC or its Member States with respect
             to the Law of the Sea and that it shall not be invoked as a precedent in other
              cases concerning the conservation and utilization of resources of the sea .
                                                                                                       . . ..    .
              Mission of Canada to the
              European Communities
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 ---pagebreak---       The Directorate General would be grateful 1f the Mission would confirm
that the Canadian authorities share the view expressed above In relation to
Article XI / paragraph 4 .
      The Directorate General avails itself of this opportunity to renew to
the Mission of Canada to the European Communities the assurance of its highest
consideration .