CELEX: 51978PC0743
Language: en
Date: 1978-12-18
Title: PROPOSAL FOR A COUNCIL DECISION authorizing the Republic of Italy to agree with the Socialist Federal Republic of Yugoslavia upon the provisional maintenance of the fishing arrangements currently in force (Presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 743
Vol. 1978/0274
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(78)743 final
                                                       Brussels , 18 December 1978
                                      s •          • X
                                    A         ,  VA
                                   V      Γ· "    . "V
                                        r  . . j        1
                      PROPOSAL POR A COUNCIL DECISION *
              authorizing "the Republic of Italy to agree with
             the Socialist Federal Republic of Yugoslavia upon
          the provisional maintenance of the fishing arrangements
                             currently in force
                (Presented "by the Commission to the Council)
743 final
 ---pagebreak---                        EXPLANATORY MEMORANDUM
In its Resolution of 3 November 1976 the Council, noted that it was necessary
to maintain through "appropriate Community agreements ", the rights secured by
Community fishermen in the waters of non-member countries .
Under the Agreement signed' between Yugoslavia and Italy on 15 June 1973 ,
fishermen who are Italian nationals are 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 .
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 .
Following that decision the Commission has on several occasions in 1977
and 1978 invited the Yugoslav authorities to negotiate an agreement with the
Community . As there was no response from the Yugoslav authorities , the
Council , by its Decisions of 20 December 1977 and 21 June 1978 , authorized
Italy to renew the arrangements agreed with Yugoslavia in 1977 , in each *
case for six months .
Since the latest Decision , the Commission has continued to urge the Yugoslav
authorities to acknowledge the need to open negotiations for a fisheries
agreement with the Community . Yugoslavia stated in a communication in
October 1978 that it was not prepared to negotiate an agreement with the
Community which would subsume the existing agreement between Italy and
Yugoslavia , but that it would be willing to enter into broader-based
negotiations which included cooperation on fisheries .
 ---pagebreak---                                      - 2 -
6.   For the same reasons as those set out in paragraph 3 , i.e. to prevent a
     break in fisheries relations with a non-member country /, which would
     adversely affect Community fishermen , the Commission proposes that the
     Council authorize Italy to agree with Yugoslavia on an interpretation
     whereby the 1973 Agreement may be renewed until 30 June 1979 .
                                                                  *
7.   When the previous Council Decisions on the" renewal of the Agreement were
     adopted , the Council decided that the Community should bear part of the
     cost of the counter-concession payable under the Agreement by Italy to
     Yugoslavia . Up to now the Community 's contribution has been based on the
     financial counter-concession provided for in the Agreement between Italy
    "and Yugoslavia . According to the information available to the Commission ,
     Yugoslavia has requested that the counter-concession be increased . The
     Commission considers that it is difficult for the Community to contemplate
     an increased financial contribution when the Community has no power to
     negotiate the amount . An estimate of the financial implications is given
   , in the Annex .
                                                         4
 ---pagebreak---                    PROPOSAL FOR A ■
                   COUNCIL DECISION
     authorizing the Republic? of Italy to agree with
     the Socialist Federal Republic of Yugoslavia upon
                                       «
     the provisional maintenance of the fishing arrangement s
                   currently in force
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 /
 ---pagebreak--- Whereas by its resolution of 3 November 197 6 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 Decision of 21 June 1978 the Council authorized
the Republic of Italy to agree with the Socialist Federal Republic
of Yugoslavia upon the provisional maintenance until 31 December
1978 of the fishing arrangements then in force between Italy and
Yugoslavia pending the conclusion of a fisheries agreement between
the Community and Yugoslavia ;
Whereas it has not yet been possible to conclude such an agreement ,
and it therefore appears necessary , in order to avoid harming the
interests of Community fishermen to extend the existing arrangements
agreed between Italy and Yugoslavia for a further period ;
Whereas this deoision must be adopted before 31 December 1978 in
order to avoid an interruption in supplies for Italian fishermen
who usually fish in the Yugoslav fisheries zone , and it should
therefore be immediately adopted on the basis of Article 103 of
the Treaty ,
HAS DECIDED AS FOLLOWS :
 ---pagebreak---                                    -  3  -
                                Sole Article
       The Republic of Italy Vs hereby authorized to agree with the Socialist
Federal Republic of Yugoslavia upon the provisional maintenance until
30 June 1979      +'^e fisheries regime established under the agreement on
fisheries between Italy and Yugoslavia of 15    June 1973 *
Done at ,
                                                          Por the Council
                                                            The President .
 ---pagebreak---                                                         ANNEX
                          FINANCIAL IMPLICATIONS
1. Under the fisheries agreement signed in 1973 between Yugoslavia and Italy ,
   the latter paid Lit 570 million per year in 1976 , 1977 and 1978 in return
   for the admission of one hundred trawlers into Yugoslav territorial waters .
   The payment for 1979 remains to be fixed by negotiation .
                                               %
2. The Commission proposes that the Community 's contribution to the payment
   to be negotiated             with   ' Yugoslavia be fixed at the same amount
   as in 1977 , that is , for the period 1.1.79 - 30.6.79 at 0,5 x 456 =
   228 million Lit (= 206 . 000 EUA at the rate of 1.12.78 ).
3. The Draft Budget for 1979 contains a heading covering this expenditure :
   Article 890 , Reimbursements in respect of certain financial obligations
   relating to fishing in the Adriatic .