CELEX: 51979PC0060
Language: en
Date: 1979-02-22
Title: Proposal for a COUNCIL REGULATION (EEC) concerning the conclusion of an Agreement on fisheries between the European Economic Community and the Government of Finland (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 60
Vol. 1979/0022
 ---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,
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
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(79 ) 60 final
                                                      Brussels . 22 February 1979
                                 Proposal for a
                              COUNCIL REGULATION ( EEC )
     concerning the conclusion of an Agreement on fisheries between the
     European Economic Community and the Government of Finland
              ( submitted to the Council by the Commission )
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C0M(79 ) 60 final
 ---pagebreak---                            EXPLANATORY MEMORAMUJM
1.       On 3 November 197° "the Council authorized the Commission to open nego­
tiations for the conclusion of a fisheries agreement with Finland .
2.       These negotiations led to the initialling on 22 December 1978 of a
draft "Agreement on Fisheries between the European Economic Community and the
Government of Finland".
3.       The basic purpose of the Agreement is to establish procedures for
settling what fishing may be done by each of the parties in the fishing zone of
the other .  This will be done for each year by consultation between the parties ,
the aim being the gradual attainment of a satisfactory balance .
4.       It will be specified in an exchange of letters to be made on the day it
is signed that the Agreement will be applied on a provisional basis from that
day pending its entry into force in accordance with Article 10 .
5.       The Commission , on the basis of the above :
      - recommends that the Council authorize its President to appoint the
         persons empowered to sign the Agreement ,
       - proposes that the Council , after consulting the European Parliament ,
         approve the outcome of the negotiations by adopting the annexed
         proposal for a regulation approving the Agreement .
 ---pagebreak---                                  PROPOSAL FOR
                        COOFOIL HEGULATICF (EEC )
                   concerning the conclusion of an Agreement
                   on fisheries between the European Economic
                   Community and the Government of Finland.
1!H3 COOKCIL OP THE ECRQF&yF COJTOHIOTS ,
Having regard to ths Treaty establishing the Saropeaa Economic Convnanxty, and in
particular Article 43 thereof ,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament ,
Whereas, "by its resolution of 3 ITovember 197 6 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 by vessels of non-Community countries in
this zone would "be regulated by agreements between the Community and the . countries
concerned and that fishing rights for Community fishermen in the waters of non-
Community countries must be obtained and preserved by appropriate Community
agreements ;
Whereas certain Finnish fishermen have habitually done part of their fishing in
the waters which have become the Community fisheries zon^, and certain Community
fishermen have habitually done part of their fishing in waters which have become
the Finnish fisheries zone or will shortly become part of that zone ;
Whereas negotiations by the Community with the Government of Finland have led to
the initialling of a draft framework agreement ;
Whereas the Agreement on fisheries between tha Community and Finland signed on
             1978 should be concluded ,                          I
HAS ADOPTED THIS REGULATION :
                                    Article 1
     The Agreement on fisheries between the European Economic Community and the
Government of Finland signed or.                    , is hereby approved on behalf
of the Community ,
     Tha text of the Agreement is annexed to this Regulation#
 ---pagebreak---                                     -  2   -
                                    Article 2
       The President of the Council shall , on behalf of the Community , give the
notification provided for in Article 10 of the Agreement
                                    Article 3
       This Regulation shall enter into force on the 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 Brussels ,
                                                          For the Council ,
                                                           The President .
( l ) the date of entry into force of the Agreement will be published in the
       Official Journal of the European Communities by the General-Secretariat
       of the Council .
 ---pagebreak--- DRAFT AGREEMENT ON FISHERIES BE T WEEN THE GOVERNME NT OF FINLAND AMD THE
                     EUROPEAN ECONOMIC  COMMUNITY
The Government of Finland and the European Economic Community ( hereafter
referred to as the Community ) :
recalling the traditionally good relations between the Community and Finland
considering their common desire to ensure the conservation and rational
management of the fish stocks of the waters adjacent to their coasts ;
having regard to the fact that the Member States of the Community have
decided that the limits of their fishery zones ( hereafter referred to as
the area of fisheries jurisdiction of the Community ) shall extend up to
200 nautical miles off their coasts in the Atlantic Ocean , the North Sea ,
Skagerrak , Kattegat and the Baltic Sea and the fact that fishing within
these limits is subject to the common fisheries policy of the Community ;
having regard to the fact that Finland has taken steps towards establishing
a fishery zone off its coasts in the Baltic Sea extending to median lines ;
affirming that the exercise by coastal states within their fishery zones of
sovereign rights for the purpose of exploring , exploiting , conserving and
managing the living resources should be conducted in accordance with
principles of international Law ;
taking into account previous fishing activities of Finnish vessels in the
North - East Atlantic and vessels of the Member States of the Community in
 waters adjacent to the finnish coast ;
 taking into account the work of the Third United Nations Conference on the
 Law of the Sea ;
 desirous of establishing the terms and conditions pertaining to fisheries of
 mutual concern :
 have agreed as follows :
 ---pagebreak---                                    Article 1
Each Party shall grant access to fishing vessels of the other Party to fish
within its area of fisheries jurisdiction in accordance with the provisions
set forth below .
                                   Article 2
1 . Each Party shall , as appropriate , determine annually for its area
of fisheries jurisdiction , subject to adjustment when necessary to meet
unforeseen circumstances , and taking into account 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 scientific evidence
                available to it , the interdependence of stocks , the work of
                appropriate international organisations and other relevant
                factors ;
          Cb ) after appropriate consultations , allotments for fishing vessels
                of the other Party and the areas within which these allotments
                may be f i shed .
When determining the allotments referred to in subparagraph ( b ) the two
Parties shall have as their aim the realisation of a satisfactory balance
between their fishing possibilities in maritime areas of mutual interest .
2.   The measures to regulate fisheries taken by each Party shall not be of
such nature as to jeopardize the full exercice of the fishing rights allo­
 cated under the Agreement .
                                   Arti ele 3
  «
 Each Party may require that fishing in its area of fisheries jurisdiction
 by fishing vessels of the other Party shall be subject to licence .
 ---pagebreak---                                     - 3 -
The competent authority of each Party shall , as ^ ppropri ate , communicate in
due time to the other Party the name ,, registration number , and other relevant
particulars of the fishing vessels for which authorisation to fish within the
area of fisheries jurisdiction of the other Party is requested . The second
Party shall thereupon issue such licences to the extent commensurate with the
possibilities for fishing granted under the provisions of Article 2 ( b ) .
                                   Article 4
Fishing vessels of one Party shall , when fishing within the area of fisheries
jurisdiction of the other Party ,, comply with the conservation measures and
supervisory measures and other provisions governing fishing activities in that
area . Appropriate advance notice shall be given of any new measures , conditions
or provisions .
                                   Article 5
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 .
                                   Article 6
The Parties undertake to co-operate to ensure proper management and conservatioi
of the living resources of the sea in areas of mutual interest without
    *
prejudice to the sovereign rights of each Party in regard to the fishery zone
under its jurisdiction , and to facilitate the necessary scientific research
                                                                I
in this respect . Such cooperation may take place within appropriate internation ;
organisations .
                                   Article 7
1 . The Parties agree to consult on questions relating to the implementation
and proper functioning of this Agreement .
 ---pagebreak---                                      - 4 -
2.   In the event of a dispute concerning the interpretation or application
of this Agreement such a dispute shall be the subject of consultations
between the Parties .
If no settlement is reached following such consultations , and where it is
claimed that a Party has manifestly failed to comply with specified provisions
or conditions established by the present Agreement , the dispute shall be the
subject of arbitration under the conditions laid down in the Annex , provided
that sovereign rights for the purpose of exploring , exploiting , conserving
and managing living resources within their fishery zones shall not be called
in question .
                                   Article 8
Nothing contained in the present Agreement shall affect or prejudice in any
manner the views of either Party with respect to any question relating to the
Law of the Sea .
                                 Arti ele 9
This Agreement shall apply   on the one hand   to the territories in which the
Treaty establishing the European Economic Community is applied and under the
conditions laid down in that Treaty and on the other hand ' to the territory
of Finland .
                                 Article 10
This Agreement shall enter into force on the date on which the Contracting
Parties notify each other of the completion of the procedures necessary for this
purpose .
                                 Article 11
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
 ---pagebreak--- 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 additiona
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 12
The Parties agree to examine this Agreement upon the conclusion of the negotiat
for a multilateral treaty resulting from the Third United Nations Conference or
the Law of the Sea .
                                  Article 13
This Agreement is drawn up in two copies in the Danish , Dutch , English , Finnish
French , German and Italian languages , each of these texts being equally authent
IN WITNESS WHEREOF , the undersigned , being duly authorized for this purpose ,
have signed this Agreement .
Done at              , on              / in duplicate in the Danish , Dutch , Engl -
Finnish , French , German and Italian languages each of these texts being equallj
authentic .
For the Council of the                            For the Government of
European Communities                              Finland
 ---pagebreak---                                  ANNEX
1.   Within two months from the date on which either Party has formally
requested that a dispute be submitted to arbitration in accordance with
Article 7 , paragraph 2 , of the Agreement , each Party shall appoint one
member of the arbitral tribunal and these two members shall , within three
months from the same date , agree upon a national of a third State as third
member to be appointed by the two Parties .
2.   The Party   requesting arbitration shall , at the time of treating the
request , submit a statement of its claim and the grounds on which such
claim is based .
3.   If the periods specified in paragraph 1 have not been observed , either
Party may , in the absence of any other relevant arrangement , invite the
President of the International Court of Justice to make the necessary
appointments . If the President is a national of either Party or if he is
otherwise prevented from discharging the said function , the' Vi ce-President
should make the necessary appointments . If the Vice-President is a national
of either Party or if he , too , is prevented from discharging the said
function , the Member of the Court next in seniority who is not a national
of either Party should make the necessary appointments .
4.   The arbitral tribunal shall , on the basis of the present Agreement and
of other rules of international law , reach its decisions by a majority of
votes . Such decisions shall be binding . Although the cost of the arbitral
tribunal shall normally be borne in equal parts by both Parties , the arbitral
tribunal is empowered to rule otherwise concerning costs . In a L L other respects ,
the arbitral tribunal shall determine its own organisation and procedure .
 ---pagebreak--- In connection   with the signing today of the Agreement on Fisheries between
the European Economic Community and the Government of Finland I have the
honour to confirm that the European Economic Community is ready to apply
the Agreement on a provisional basis from today pending its entry into
force in accordance with Article 10, provided that the Government of Finland
is ready to do likewise .
I would appreciate confirmation of your Government 's acceptance of such
provisional application .
I avail myself of this opportunity to renew to the Chairman of the Delegation
of the Government of Finland the assurance of my highest consideration .
                                                Chairman of the Delegation
                                                of the European Economic Community
To the Chairman of the Delegation
of the Government of Finland
 ---pagebreak--- I have the honour to confirm receipt of your letter of today with the
following content :.
" In connection with the signing today of the Agreement on Fisheries
between the European Economic Community and the Government of Finland
I have the honour to confirm that the European Economic Community is
ready to apply the Agreement on a provisional basis from today pending
its entry into force in accordance with Article 10 , provided that the
Government of Finland is ready to do likewise .
I would appreciate confirmation of your Government 's acceptance of such
provisional application ."
 I hereby confirm that my Government will apply the Agreement from today
on a provisional basis pending its entry into force in accordance with
 its Article 10 .
 I avail myself of this opportunity to renew to the Chairman of the Delegation
 of the European Economic Community the assurance of my highest consideration .
                                                 Chairman of the Delegation
                                                 of Finland
  To the Chairman of the Delegation
  of the European Economic Community
 ---pagebreak--- Sir ,
I have the honour to acknowledge the receipt of your letter of
of the following contents :
" In the connection with the signing today of the Agreement on Fisheries
between the Government of Finland and the European Economic Community
I have the honour to state the following :
1.    During the negotiations it was agreed that in the application of
art . 2 1 ( b ) of the Agreement , fishing in Baltic Sea areas other than
those covered by art . 1 of the Agreement should be fully taken into
account for the purpose of achieving a satisfactory balance between the
mutual fishing interests of the Parties .
2.    Moreover , it was agreed that in the consultations concerning the
definition of annual quotas due account shall also be taken of the
Finnish production of smolts , and the extent to which it benefits the
Community 's fishermen in the Baltic Sea ."
The Council of the European Communities has made note of the contents of
this letter .
 I avail myself of this opportunity to renew to the Chairman of the
Delegate of Finland the assurance of my highest consideration .
                                                    Chairman of the Delegation of
                                                    European Economic Communities
 To the Chairman of the Delegation
 of Finland
 ---pagebreak--- sir ,
In connection with the signing today of the Agreement on Fisheries
between the Government of Finland and the European Economic Community
I have the honour to state the following :
1.    During the negotiations it was agreed that in the application of
art . 2 1 ( b ) of the Agreement , fishing in Baltic Sea areas other than
those covered by art . 1 of the Agreement should be fully taken into
account for the purpose of achieving a satisfactory balance between the
mutual fishing interests of the Parties .
2 . Moreover , it was agreed that in the consultations concerning the
definition of annual quotas due account shall also be taken of the
finnish production of smolts , and the extent to which it benefits the
Community 's fishermen in the Baltic Sea .
I avail myself of this opportunity to renew to the Chairman of the
Delegation of the     European Economic Community the assurance of my
highest consideration .
                                                    Chairman of the Delegation
                                                    of Finland
To the Chairman of the Delegation
of the European Economic Community