CELEX: 51978PC0731
Language: en
Date: 1978-12-15 00:00:00
Title: Recommendation for a COUNCIL DECISION authorizing the Commission to negotiate fisheries agreements with developing countries (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 731
Vol. 1978/0272
 ---pagebreak--- Disclaimer
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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
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                C0MC78 ) 731 final
                                                Brussels . 15 December 1978
                  f -■
                             '  . 'J
                               L-ïi
                 ■ I
                          Recommendation for a
                            COUNCIL DECISION
 authorizing the Commission to negotiate fisheries agreements with
                          developing countries
             ( submitted to the Council by the Commission )
C0MC78 ) 731 final
 ---pagebreak---                           Explanatory Memorandum
SUPPLEMENTARY DIRECTIVES FOR THE COMMISSION FOR THE NEGOTIATION
           OF FISHERIES AGREEMENTS WITH DEVELOPING COUNTRIES
1.      On 3 November 1976 , the Council adopted a Resolution concerning
certain external aspects of the creation of a 200-nautical mile fishing
zone in the Community .
         On June 27 , 1977, the Council authorized the Commission to open
negotiations with Guinea-Bissau , Senegal , Mauritania and Cape Verde on
the basis of the directives already agreed for negotiations with those
third countries to which the Community does not offer reciprocity of
fishing rights .     These directives were confirmed and made more precise
by the Decision of 7 December 1977 ( S / 1962 / 77 and R / 3217 / 777 .
2.       Meanwhile , a large number of States have extended their fishing
zones to 200 miles and are making fishing in those zones subject to
authorization .     Certain developing countries in particular have shown
                        »
a desire to enter into negotiations with the Community ( Guinea , Sao Tome
and Principe , Gabon , Congo , Angola ) ; in addition , one of the Member
States has requested that negotiations be opened with the Seychelles and
Mauritius .     Furthermore , the Agreement between Italy and Tunisia expires
 in June 1979 and a new agreement will have to be negotiated by the Com­
munity .
          In these circumstances , it seems appropriate to give the Commission
 the authority to open negotiations with all the developing countries in
                                                  Λ
 which Community fishermen have a justified interest .       It is also desira­
 ble that the Commission should be able to open negotiations immediately ,
 particularly in those cases where it is approached by a country that is
 seeking increased cooperation by establishing closer relations with the
 Community .
                                                                        •••/t•
 ---pagebreak---                                 - 2 -
 3.      On 6 July 1978, the Commission presented to the Council the
 Supplementary Memorandum on sea-fishing in the context of the renewal
 of the Lom£ Convention ( COM ( 78 ) 323 final = 1 / 207/ 78 ( ACP 34 )). It
sets out in that memorandum its interest in strengthening relations
between the EEC and the ACP in the fisheries field , in the expectation
notably of a general willingness on the part of the ACP States to nego­
tiate with'the Community, the principles that have emerged from the
Third United Nations Conference on the Law of the Sea being respected
by both sides .
        It is therefore proposed that the Council authorise the Commission
to open negotiations in accordance with directives , which are based on
the principles underlying the directives already adopted , these principles
being restated in the above memorandum .     As things stand at present , the
Commission feels that negotiations should first be undertaken with the
following countries : Mauritius , Seychelles , Sao Tome and Principe , Congo
( Brazzaville ), Gabon , Guinea , Angola and Tunisia .
 ---pagebreak---       Council decision authorizing the Commission to negotiate fisheries
agreements with developing countries
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
Having regard to the Recommendation from the Commission ,
Whereas on 27 June and 7 December 1977 the Council authorized the Commis­
sion to open and continue negotiations for the conclusion of
fisheries agreements with Guinea-Bissau , Senegal , Mauritania and Cape Verde ;
Whereas other developing countries to which the Community does not offer
reciprocity of fishing rights have shown their interest in such agreements ;
whereas the negotiating situation vis - £ - v1s all those countries is broadly
identical ; whereas consequently the directives for the negotiations with
the above West African countries constitute a valid basis for the negotia­
tions with the other developing countries .
HAS DECIDED AS FOLLOWS :
                             Sole Article
        The Commission is hereby authorized to open , in accordance with
the directives annexed hereto , negotiations for fisheries agreements
with coastal developing countries , provided there is proven interest
in fishing in those countries' fishing zones .
        The Commission shall conduct the negotiations , assisted by the
representatives of the Member States .
                                                 Done at ,
                                                 For the Council
 ---pagebreak---                                    ANNEX
                   Supplementary negotiating directives
1m         The principal objectives of the Community in the negotiations to
be conducted with developing countries .,, are as follows :
( a ) to maintain current fishing rights under agreements concluded by the
       Member States ;
( b ) to restore other traditional Community fishing activities ;
( c ) to acquire additional access rights ,
thereby improving the overall fishery possibilities for Community vessels .
2.          It is understood that total vessel capacity for all the zones con­
cerned , including the zone referred to in the negotiating directives of
7 December 1977 ( S / 1962/ 77 ), will not significantly exceed the order of
magnitude of 80 000 gross registered tons , this being the volume already
established in those directives .
 3.         The Community 's overall approach shall be that laid down in the
negotiating directives, of 7 December 1977 .       The Commission will also
 take account of the results of deliberations in the Council in the field
of sea-fishing in the context of the renewal of the Lom4 Convention
 ( 1 / 207/ 78 ( ACP 34 )).
                    y
 A.         As regards financial compensation in the case of agreements where
 the Community does not offer reciprocity , the principles set out in para­
 graph 6 of the negotiating directives of 7 December 1977 shall remain
 valid ; it is stressed nevertheless that the negotiations must take account ;
 in respect of compensation , of the most economical fishing possibilities
 both for Community fishermen and for the Community itself and of the Com­
 munity 's interest in maintaining or establishing relations in the matter
 of fisheries with the country in ,quest ion .
  5.        As a first step , negotiations are foreseen with Mauritius , Seychelles ,
  Sao Tome e Principe , Congo , Gabon , Guinea , Angola and Tunisia .