CELEX: 51980PC0310
Language: en
Date: 1980-06-10
Title: Proposal for a COUNCIL DECISION concerning the maintenance until 31 December 1980 of certain fishing rights of Community fishermen in the territorial waters of Yugoslavia (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 310
Vol. 1980/0110
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                     COM(80)310 final
                                                                     Brussels . 10 June 1980
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                                      Proposal for a
                                   COUNCIL             DECISION
    concerning the maintenance until 31 December 1980 of certain fishing
    rights of Community fishermen in the territorial waters of Yugoslavia
                ( submitted to the Council by the Commission )
C0M(80 ) 310 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
1.      Under the Agreement signed between Yugoslavia and Italy on 15 June 1973 ,
        fishermen who are Italian nationals were authorized to fish in certain
        areas of Yugoslav territorial waters , subject to financial counter-
        concessions from the Italian State . The Agreement expired on ^
        31 December 1976 .
2.      To ensure that Italian fishermen could continue to fish in Yugoslav waters ,
        the Council authorized Italy by its Decision of 13 December 1976 , to agree
        with Yugoslavia on an interpretation whereby the said Agreement could be
        renewed until a fisheries agreement was concluded between the Community
        and Yugoslavia or until 31 December 1977 at "the latest .
3.      Authorization was granted to extend these arrangements during 1978 and 1979
        On 20 December 1979 "the Yugoslav authorities informed the Community that .
        they did not intend to conclude a fisheries agreement on fishing in their
        territorial waters to replace the agreement concluded with Italy in 1 97 3 »
        They stated that they were willing to tolerate the presence of Italian
        vessels in certain parts of Yugoslav waters until the end of 1980.
        The Yugoslav Government also suggested that cooperation between Yugoslavia
        and Italy could be possible in the form of joint ventures .
4 * - When adopting its Decision of 20 December 1977 , the Council agreed upon
        the principle that the amount to be paid for fishing rights would be
        advanced by Italy and reimbursed afterwards by the Community less 20$
        representing reasonable fees which would be borne by the vessel owners .
5.      In its Decision of 20 December 1979 "the Council maintained the principle
        of reimbursement limited to 80$ although the amount to be paid by the
        Italian Government had increased to 800 million lire for the whole of
    - . 1979 -                                                         ■
6.      In an aid memoire of 28 March 1980 the Italian delegation stated that the
        Yugoslav Government was prepared to extend until 31 December 1980 the same
     . arrangements as those applicable in 1979 against payment of the same amount
        namely 800 million lire . The Italian Government reserved its acceptance
        pending the outcome of the Council 's discussion of this proposal .
7.      For the same reasons as those underlying previous decisions the Commission
        therefore recommends that the Council adopt a decision . on the lives of the
      - annexed draft .
 ---pagebreak---                           Proposal for a
                        Council Decision
                concerning the maintenance until
                31 December 1980 of certain fishing
                rights of Community fishermen in the
                territorial waters of Yugoslavia
 THE COUNCIL OF 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 by its Resolution of 3 November 1976 "the Council agreed upon the
 need to ensure , through appropriate Community agreements , the securing and
 maintenance of fishing rights for Community fishermen in the waters of
 non-member countries ;
 Whereas by its Decisions of 19 December 1978 and 25 June 1979 "the Council
 authorized the Italian Republic to agree with the Socialist Federal •
 Republic of Yugoslavia upon the provisional maintenance until 30 June 1979
 and 31 December 1979 of the fishing arrangements laid down in the fisheries
agreement of 1973 between Italy and Yugoslavia which expired in 1976 ;
 Whereas as regards 1979 , the Yugoslav Government was unable to accept a prolonga -
tion without change of the arrangements laid down in the expired agreement ,
but offered the Italian Government the provisional maintenance until
 31 December 1979 of certain of the fishing rights provided for under the
 agreement in return for the payment by Italy of fianancial compensation ?
 Whereas by its Decision of 20 December 1979 "the Council authorized the
 Italian Republic to accept this offer ;
 Whereas meanwhile the Yugoslav Government has offered the Italian Government
 a prolongation until 31 December 1980 of the same arrangements as those
 applicable in 1979 ?
 Whereas it appears necessary, in order to avoid harming the interests of
 Community fishermen, to authorize the Republic of Italy to accept this
 offer ;
 Whereas by its previous abovementioned decisions the Council agreed to reimburse
 Italy a part of the amount which it must pay as financial compensation for
 the fishing rights granted by Yugoslavia ;
 Whereas the Italian Government should be placed in a position to express its
 views on the offer made to it within a reasonable time ; whereas accordingly
 this decision should be adopted on the basis of Article 103 of the Treaty ,
 HAS DECIDED AS FOLLOWS ;
                                                                                     I
 ---pagebreak---                         Article 1
The Italian Republic   is hereby authorized to conclude an agreement with
the Socialist Federal Republic of Yugoslavia for the provisional maintenance
until 31 December 1980 of certain fishing rights .established by the
fisheries agreement .between Italy and Yugoslavia of 15 June 1973 in certain
areas of Yugoslav territorial waters in return for payment of financial
compensation amounting to 800 million lire .
                        Article 2
The amount paid by the Italian Republic as financial compensation under
Article 1 shall be reimbursed by the Community . up     to a maximum of
640 million lire .
Done at Brussels .                                       For the Council
                                                          The President
 ---pagebreak---                      FINANCIAL IMPLICATIONS
1. Under Article 17 of the 1973 fishing agreement between Yugoslavia and
   Italy Italy had to pay 570 million lire as financial compensation for the
   fishing rights granted in 1976 to Italian fishermen in Yugoslavian territ­
   orial waters . The same amount applied to extensions of the agreement in
   1977 and 1978 .
2. The decisions adopted by the Council authorizing the extension of these
   arrangements as from 1 January 1978 provided that the Community would
   contribute 80% of the expenditure incurred by the Italian Government in
   respect of this fishing arrangement . This principle was maintained in the
   Council Decision of 20 December 1979 which fixes the Community contribution
   at 640 million lire for 1979 in respect of which the financial compensation
   had been increased to 800 million lire . The Yugoslav Government proposes
   to maintain this figure for 1980 ; its acceptance thus implies a financial
   contribution by the Community of 640 million lire ( approximately 547 710 UA
   at the current rate ).
3. The 1980 draft budget includes an appropriate item for covering this
   expenditure , namely Article 89O entitled "reimbursements due under conventions'
   on fishing in the Adriatic", and provides for appropriations of 700 000 UA .