CELEX: 51978PC0056
Language: en
Date: 1978-02-15
Title: Proposal for a COUNCIL REGULATION (EEC) on the conclusion of the Agreement on fisheries between the European Economic Community and the Kingdom of Norway (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 56
Vol. 1978/0020
 ---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,
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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,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
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,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(78)56 final
                                            Brussels , 15 February 1978
                               Proposal for a
                          COUNCIL REGULATION ( EEC )
           on the conclusion of the Agreement on fisheries between
           the European Economic Community and the Kingdom of Norway
                  ( submitted to the Council by the Commission )
COM ( 78 ) 56 final
 ---pagebreak---   1*    On 3 November 1976 the Council authorized the Commission to enter into
  negotiations with Norway concerning a fisheries agreement#
    /     , .                        , *
  2.    Negotiations have recently "been completed . The text comprises an
  "Agreement on Fisheries between the Kingdom of Norway and the European Economic
  Community", and an Annex which forms an integral part of the Agreement .
  3.    The • Agreement provides an arrangement involving reciprocal fishing
  rights , each Party granting access to fishing vessels of the other Party to
  fish within its area of fisheries jurisdiction . The Annex to the Agreement
- lays down the "basis on which a mutually satisfactory balance in fishing rela­
  tions is to be achieved (Article l ).
  4.    Total allowable catches for individual stocks , or complexes of stocks ,
  will be determined annually by each Party. After consultations , fishing
  possibilities will be agreed upon in their respective zones with a view to
  achieving a satisfactory balance * Other conservation measures shall not
  jeopardize the possibilities for fishing allowed to the other Party (Article 2 ).
  5«     In the event of a significant distortion of the fishing patterns of
  either Party, the Parties shall consult on the matter. If no satisfactory
  solution is found within 3 months , the Agreement may be suspended or terminated
  (Article 3 )»
  6.    The Agreement provides that the competent authority of each Party shall
  issue licences for the regulation of fishing in its area of fisheries juris­
  diction (Article 4)» Pishing vessels of one Party will comply with the conser­
  vation measures established by the other Party when fishing within that Party 's
  area of fisheries jurisdiction (Artiole 5 )»
 ---pagebreak---                                    -  2  -
7«      Each Party shall take all necessary measures to ensure compliance with
 the provisions of the Agreement "by fishing vessels (Article 6 )» The Parties
 agree to cooperate in the conservation and management of joint stocks and
 those occurring "beyond their respective areas cf fisheries jurisdiction (Article
7 )»
80      Nothing in the Agreement prejudices existing agreements between the two
Parties (Article 9 ) nor the views of either Party to any question relating to
the Law of the Sea (Article 10) » A standard territorial clause is included
 in Article 11 -
9 «     Fending the conclusion of the Agreement by both Parties , it will be
applied provisionally from the date of signature® Once concluded it will last
for an initial period of ten years c Notice of termination is to be given at
least nine months before the expiry of that period ; if no notice is given ,
the Agreement will remain in force for additional periods of six years there­
after (Article 13 ) a
10 o   The Agreement will be re-examined upon the conclusion of the negotiations
on a multilateral treaty resulting from the Third. United Nations Conference on
the Law of the Soa (Article 14) o
  11   The two Parties agreed to an inforntal exchange of letters between the
respective chief negotiators * These letters do not form part of the Agreement
and will not be published * The principal purpose of the letters is to confirm
the Community 's understanding of the text of the territorial clause (Article ll )«
12®      Or. the basis of the foregoing-, the Commission recommends that the
Council approves the outcome of the negotiations and set in motion the procedure
for signature and conclusion of the Agreement t that is :
         – that , at its next session , the Council
            a decide to proceed , subject to conclusion , to signature of
              the Agreement ,
            „ authorize its President to designate the persons empowered to sign
              the Agreement j
         – 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 which approves the Agreement ,,
 ---pagebreak---                       • COUNCIL REGULATION ( EEC )
            on the conclusion of the Agreement on fisheries between
            the European Economic Community and the Kingdom of Norway.
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 43 thereof ,
                           v
Having regard to the proposal from the Commission ,
Having regard to the Opinion of the European Parliament ,
                                    J
Whereas "by its Resolution of 3 November 1976 on certain external aspects of
the creation of a 200 mile fisheries zone in the Community with effect from
1 January 1977 » "the Council agreed that fishing rights for Community fishermen
in the waters of third countries must be obtained and preserved by appropriate
Community agreements ;                          -
Whereas the Agreement on fisheries between the Community and Norway signed
on                    should be concluded ,
HAS ADOPTED THIS REGULATION :
                                  Article 1                                    .
1.      The Agreement on fisheries between the European Economic Community and
the Kingdom of Norway is approved on behalf of the Community.
2.      The text referred to in paragraph 1 is annexed to this Regulation.
                                  Article 2
        The President cf the Council shall , on behalf of the Community , give
the notification provided for in Article 12 of the Agreement .
                                                                          • •/• • •
( l ) the date of the entry into force of the Agreement will be published in 'ihe
      Official Journal of the European Communities by the General Secretariat of
      the Counoil .
 ---pagebreak---                                 Article 3
      This Regulation shall enter into force the day following that of its
publication in the Official Journal of the European Communities ,,
      This Regulation shall "be binding m its entirety and directly applicable
in all Member States -                -
Done at Brussels .                                For the Council ,
                                                   The President
 ---pagebreak---                          DRAFT AGREEMENT OF FISHERIES BETWEEN
                            THE KINGDOM OF NORWAY AM? THE
                             EUROPEAN ECONOMIC COMMUNITY
         The Kingdom of Norway and the European Economic Community ( hereinafter
  referred to as the Community) :                                                -
         recalling the olose relations "between the Community and Norway;
         considering their oommon desire to. ensure the conservation and rational
management of the fish stocks of the waters adjacent to their coasts ;
                 V.  '                         ,                I
         taking into account the .work of the Third United Nations Conference on
                    \                 ,              ,
the Law of the Sea;                                       >
         affirming that the extension "by coastal states of their areas of juris­
diction over the living resources , and the exeroise within these areas of
sovereign rights for the purpose of exploring, exploiting, conserving and
managing these resources , should "be conducted pursuant to and in accordance
with principles of international Law;                       1
         having regard to the fact- that Norway has established with effect from
1 January 1977 an economic zone extending to 200 nautical miles off its coast ,
within which Norway exercises sovereign rights for the purpose of exploring,
exploiting, conserving and managing the resources thereof, and that the
Community has agreed that the limits of the fishery zones of its Member States
( hereinafter referred to as the area of fisheries jurisdiction of the Community)
shall extend up to 200 nautical miles , fishing within these limits "being subject
to the common fishery policy of the Community;
         desirous of establishing the terms and conditions under which their
fishery relations shall be conducted in the future ;
A                      ■
                                           '•           .     .     V
         have agreed as follows J
 ---pagebreak---                                    -  2
                                   Article 1
 lo      Each Party shall , within its area of fisheries jurisdiction extending
 up to 200 nautical miles from the baselines from which the territorial sea is
 measured, grant access to fishing vessels of the other Party to fish, in
 accordance with the provisions set forth belowe
 2»      The Annex attached to this Agreement shall constitute an integral part
 thereof©
                                   Article 2
 lo     Each Party shall , as appropriate , determine annually for its area of
 fisheries jurisdiction, subject to adjustment when necessary to meet unforeseen
 circumstances , and on the basis of the need for rational management of the
living resources ,
         (a) the total allowable catch for individual stocks or complexes
             of stocks , taking into account the best scientifio evidence
             available to it , the interdependence of stocks , the work of
             appropriate international organisations and other relevant
             factors :
                               4
         (b) after appropriate consultations , allotments for fishing
             vessels of the other Party in accordance with the objective
             of establishing a mutually satisfactory balance in their
             reciprocal fisheries relations , and the conditions prescribed
             in the Annex*
2o      Each Party shall establish such other measures as it deems to be required
for the conservation, rational management , and regulation of fisheries within
its area* Suoh measures , and any measures taken subsequent to the annual
determination of fishing possibilities , shall take into account the need not
to jeopardise the possibilities for fishing allowed to fishing vessels of the
other Party,
                                                                       • 9/ • • •
 ---pagebreak---                                    Article 3
        In the event of a significant distortion of the fishing patterns of one
Party in areas crucial to the achievement of a mutually satisfactory balance
in the reciprocal fisheries relations between the Parties , the Parties shall
promptly enter into consultations with a view to securing the continuance of
reciprocal fisheries relations "between the Parties . If , within three months
from the request for consultations , a solution satisfactory to the Party which
has requested, consultations , is not found, that Party may, notwithstanding the
provisions of Article 13 , suspend or terminate the Agreement on giving thirty
days notice#
                                                    /
                                   Article 4
       The competent authority of each Party shall communicate in due time to
the other Party the name , registration number, and other relevant particulars
of the fishing vessels which shall be eligible to fish within the area of
fisheries jurisdiction of the other Party®     The second Party shall thereupon
issue licences in a manner commensurate with the possibilities for fishing
granted under Article 2. 1 (b) •
                                   Article 5
       Fishing vessels of one Party shall , when fishing within the area of
fisheries jurisdiction of the other Party, comply with the conservation measures
other terms and conditions , and all rales and regulations governing fishing
activities in that area. Appropriate advance notice shall ba given of any
new measures , terms , conditions , rules or regulations.
                                            \                                  _
                                   Article 6
1.     Each Party shall take all necessary measures to ensure compliance with
the provisions of this Agreement and other relevant regulations by its vessels .
2.     Each Party may take within its area of fisheries jurisdiction such
measures , in conformity with international Law , as may be necessary to ensure
compliance with the provisions of this Agreement by vessels of the other Party.
                                                                          •  • • •
 ---pagebreak---                                     Article 7
        The Parties undertake to co-operate to ensure proper management and.
 conservation of the living resources of the sea, and to facilitate the necessary
 scientific research in this respect , in particular with regard to
         (a) stocks occuring within the areas of fisheries jursidiction of
             "both Parties , with a view to achieving, as far as practicable ,
              harmonization of measures for the regulation of fisheries in
             respect of such stocks ;
        (b ) stocks of common interest occuring within trie areas of fisheries
              jurisdiction of both Parties and in the areas beyond and adjacent
             to those areas .
                                    Article 8
        The Parties agree to consult on questions relating to the implementation
and proper functioning of this Agreement , or in . the event of a dispute concer­
ning the interpretation or application thereof ,,
                                    Article 9
        This Agreement shall be without, prejudice to other existing agreements
between the two Parties or to existing agreements concerning fishing by vessels
of one Party within the area of fisheries jurisdiction of the other Party,
                                   Article 10
        Nothing contained in the present Agreement shall affect or prejudice
in any manner the views of either Party with respeot to any question relating
to the Law of the Sea.
                                   Article 11
        This Agreement shall apply, on the one hand , to the territories in which
the Treaty establishing the European Sconomio Community is applied and under
                                                                            S •/•••
 ---pagebreak---                                    -  5  -
 •the oonditiono laid down in that Treaty and , on the other hand, to the terri­
 tory of the Kingdom of Norway#
                                  Article 12
         This Agreement shall enter into force on the date on which the Contrac­
ting Parties notify each other of the completion of the procedures necessary
for this purpose .   The Agreement shall , pending its entry into force , be
applied provisionally from the date of signature®
                                  Article 13
         This Agreement shall remain in force for an initial period of ten years
after the date of its entry into force .      In the event of the Agreement not "being
terminated by either Party through notice of termination given at least nine
months before the expiry of that period , it shall remain in force for additional
periods of six years duration thereafter , provided that notice of termination
has not been given at least nine months before the expiry of any such period .
                                  Article 14.
        Following the adoption of a Convention by the Third United nations
Conference on the Law of the Sea, each Party may request consultations with a
view to examining the provisions of this Agreement in the light of the provi­
sions of the said Convention e
IK" WITEESS WHEREOF, the undersigned , being duly authorized for this purpose ,
have signed this Agreement •
Done at             , on                      , in duplicate in the Danish , Dutch,
English , French , German , Italian and Norwegian languages , each of these texts
being equally authentic .
For the Council of the                                     For the Kingdom
                                                               of Norway
   European Communities
 ---pagebreak---                                          DRAFT
                                          À                                '
      COTJJMTY DECLARATIO N C0T:C5?rei?l3 AH TI CLE 11                    OP TH3
            AGKbiiV, :Clvi' liii'rvTili.r-i 'i'ilii iiiiC /UT3""rOi('.VAY
      Pursuant to the wish you have expressed I an in a position
to state that Article 11 of the Arrecmcnt , which incorporates
provisions t'nat arc traditionally used in ar.rccmcnts concluded
tetv/ccn the ; Airopean Lconomic Community and third countries ,
in ennsid^rod by the. Community ns hcivin ,^ no bear in/* upon the
question of the 3 oral -ata Lua of the economic zone , • currently
under dissuasion at the Third Conference of the United nations
on the law of the Sea , and a:i a result io unable to express
£Lny opinion on the matter . Furthermore , the reference r.cde >
in the car. e article to the Treaty establishing the European
iicononic Coruaunity concerns the application of the agreement
with respect to that Community alone *
 ---pagebreak---                                  Α Ν ίί Ε Χ
                                 BuBaaanaw m
1.      In determining the allotments for fishing under Article 2 . 1  (b ) of >
the Agreement , the Parties shall have as their objective the establishment
of a mutually satisfactory "balance in their reciprocal fisheries relations .
Subject to conservation requirements , a mutually satisfactory balance should
                                           .                       ι
be based on Norwegian fishing in the area of fisheries jurisdiction of the
Community in recent yearso    The Parties recognize that this objeotive will
                                                                     \
require corresponding changes in Community fishing activity in Norwegian '
waters®
             - »
2e      Each Party will take into account the character and volume of the
other Party 's fishing in its area of fisheries jurisdiction , bearing in
mind habitual catches , fishing patterns and other relevant factors .
 ' '                        •                        ' '
3*      The Parties will , in pursuance of the objective set forth in paragraph
1 above , effeot a gradual reduction with a view to aohieving that objective
by 31 December 1982®                               >