CELEX: 51978PC0229
Language: en
Date: 1978-05-30
Title: Proposal for a COUNCIL REGULATION (EEC) concerning the conclusion of the Agreement on fisheries between the European Economic Community and the Government of Denmark and the Home Government of the Faeroe Islands (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 229
Vol. 1978/0077
 ---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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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,
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(78 ) 229 final
                                                 Brussels , 30 May 1978
                             Proposal for a
                         COUNCIL REGULATION ( ESC )
           concerning the conclusion of the Agreement on fisheries
           between the European Economic Community and the Government
           of Denmark and the Home Government of the Faeroe Islands
                   ( submitted to the Council by the Commission )
COM(78 ) 229 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
On 4th March 1977 the Commission forwarded a recommendation to the
Counoil concerning the signing of an Agreement on Fisheries "between
the European Economio Community and Denmark and the Faeroe Islands *
In a Decision dated 15 March 1977 the Council authorized the signing
of the Agreement and it was signed the same day*
Under Article 11 the Agreement applies provisionally from 1 January
1977 * However , its entry into force requires a conclusion procedure
involving, primarily, approval by the Council *
The Commission therefore proposes that the Council approves the
agreement "by adopting the attached draft regulation*
 ---pagebreak---      PROPOSAL CONCERNING THE CONCLUSION OP AN" AGREEMENT ON FISHERIES
               BETWEEN THE EUROPEAN ECONOMIC COlfflJNITY AND
HIE GOVERNMENT OF DENMARK AND TEE HOME GOVERNMENT OF THE FAEROE ISLANDS
               (Submitted to the Council "by the Commission)
On 4 March 1977 the Commission submitted a recommendation to the Council
concerning the signature of an agreement on fisheries between the Europaan
Economic Community and Denmark and the Faeroe Islands (l ) •
By decision of 15 March 1977 the Council authorized the Commission to sign
the negotiated agreement®
It was signed on 15 March 1977 *
According to its Article 11 the agreement is applied provisionally from
1 January 1977®              The entry into force of the agreement requires
however a formal conclusion, which in the case of the Community involves
approval by the Council after consultation of the European Parliament ,
the publication of the agreement in the Official Journal , and notification of
the Counoil 's approval to the Government of Denmark and the Home Government of
the Faeroe Islands *
In order to accomplish these procedures the Commission proposes that the
Council
- take steps , in conformity with its normal practice , to consult the
   European Parliament
- approves the agreement by adopting the attaohed draft regulation.
 (1) Doc. COM(77)67 final, S/416/77 (HELEX 33), (AGRI 34) of 8.3.77
 ---pagebreak---                            COUNCIL REGULATION" ( EEC )
     concerning the conclusion of the Agreement on fisheries between the
        European Economic Community and the Government of Denmark
        and the Home Government of the Faeroe Islands ,,
THE CQUITO IL OF THE EUROPEAN C0MMJNIT3ES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Artiole 43 thereof ,
Having regard to the proposal from the Commiseion?
Having regard to the Opinion of the European Parliament ,
Whereas by its Resolution of 3 November 1975 on certain external aspects of
the creation of a 2.00 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 the Government
of Denmark and the Home Government of the Faeroe Islands signed on 15 March
1977 should be concludedj
HAS ADOPTED THIS REGULATION *
                                   Article 1
1*    The Agreement on fisheries between the European economic Community and
the Government of Denmark and the Home Government of the Faeroe Islands is    hereb
approved on behalf of the Community*
2*    The text of the Agreement referred to in paragraph 1 is annexed to this
      Regulation *                                     -
                                   Article 2
The President of the Council shall , on behalf of the Community, give the noti­
fication provided for in Artiole 11 of the Agreement ©(l )
                                   Article 3
This Regulation shall enter into foroe the day following that of its publication
in the Offioial Journal of the European Communities *
This Regulation shall be binding in its entirety and directly applicable in
 all Member States *
                                                                For the Council
Done at Brussels ,              .                                The President
(1 ) The date of the entry into force of the Agreement will be published in the
     Offioial Journal of the European Communities by the General Secretariat of
     the Counoil *
 ---pagebreak---                  DRAFT AGREEMENT ON FISHERIES BETWEEN
        THE GOVERNMENT OF D ENMARK AMD THE HOME GOVERNMENT OF
        THE FAROE ISLANDS AND THE EUROPEAN ECONOMIC COMMUNITY
      The Government of Denmark and the Home Government of the Faroe
 Islands on the one hand , and the European Economic Community ( herein­
 after referred to as the Community ) on the other hand :
      recalling the status of the Faroe Islands as a self-governing
integral part of one of the member States of .the Community ;
      recalling the (resolution of the Council of 4th February 197^ on
the problems of the Faroe islands ;
      considering the vital importance for the Faroe Islands of fisheries
               •                                            •
  which constitute their essential economic activity ;
      considering their common desire to ensure the conservation and
rational management of the fish stocks of the waters adjacent to their
 coasts ;
       taking into account the fact th?t a part of the living resources
of certain areas of their respective fishery zones consist of highly
 Interrelated stocks exploited by fishermen of both parties ;
                 0                               .
      noting that the extension of fishery zones in the Atlantic region
 may cause a transfer of fishing effort which might adversely affect the
 state of these resources ;
       recognising that in these circumstances the coastal states in
 the area have a primary interest to assure by appropriate measures the
 conservation and rational management of the living resources ;
       taking into account the work of. the Third United Nations Conference
 on the Law of the Sea ;w                   *
 ---pagebreak---                                      »
                                    -   2  -
          affirming that the extension by coastal , states of their areas of
   jurisdiction over the Living resources , and the exercise 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 ;
         having regard to the fact that it has been decided to establish
   around the Faroe Islands with effect, from 1 January 1977 a fishery
   zone extending to 200 nautical miles off the coast within which the
   Faroe . Islands will exercise sovereign rights for the purpose of exploring ,
   exploiting , conserving and" managing the living resources thereof and
   that the Community has agreed that the limits of the fishery zones of
   its Member. States ( hereinaf ter referred to as the fishery zone 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 pertaining to
    fisheries of mutual concern :
      .   have agreed as follows :
                                    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
          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 ,
                                                                  ■ •/ m m m
 ---pagebreak---       < 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 organi sations and other relevant
              factors ;
      < b) after appropriate consultations , allotments for fishing vessels
             of the other Party and the areas within which these allotments
             may be fished .    The two Parties shall have as their aim the
             realisation of a satisfactory balance between their fishing
             possibilities in their respective fishery zone . In
             determining these fishing possibilities , each Party shall take
              into account   :
              < i ) the habitual catches of both Parties ;
            ( ii ) the need to minimise difficulties for both Parties in the
                    case where fishing possibilities would be reduced ;
          < iii ) all other relevant factors .
      The measures to regulate fisheries taken by each Party for the
purpose of conservation by maintaining or restoring fish stocks at levels
which can produce themaximum sustainable yield shall not be of such a
nature as to jeopardise the full exercise of the fishing rights allocated
under the Agreement .
                                   . Article 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 . The competent authority of each Party shall , as appropriate ,
 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 such licences in a manner
 commensurate with the possibilities for fishing granted under the
 provisions of Article 2 ( b ).
 ---pagebreak---                                  Article A
1.    Fishing vessels of one Party shall , when fishing within the
area of fisheries jurisdiction of the other Party , comply with the
conservation measures and other terms and conditions established by
that Party and with the rules and regulations of that Party in respect
of fisheries .
2.    Appropriate advance notice shall, be given of any new terms,
conditions , laws or regulations .
                                 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 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 jurisdiction
             of both Parties , with a view to ach1eving > as far as practicable ,
             harmonization of measures for the regulation of fisheries in
             respect of such stocks ;
 ---pagebreak---                                                 s
       < bi stocks of common interest occuring within the areas of       <
            fisheries jurisdiction of both Parties and in the areas beyond
            and adjacent to those areas .
                                             Article 7
                                                           i
       Thfe Parties agree to consult on questions relating to the implemen­
tation fend proper functioning of this Agreement .
       In the event of a dispute concerning the. interpretation or appli­
cation bf this Agreement , such a dispute shall be the subject of consul­
tations between the Parties .
                                             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 .
                                              Article 9
     • This agreement shall be without prejudice to rights within the
 Kingdom of Denmark of Danish citizens who inhabit the Faroe Islands .
                                            Article 10
        The present Agreement shall apply , on the one hand , to the Faroe
 Islandis and , on the other hand , to the territories to which the Treaty
 establishing the Eiiropean Economic Community applies , under the conditions
  laid dbwn 1n that Treaty .
                     ■                        Article 1i
      This Agreement shall enter into force on the date on which the •
 Contracting Parties notify each other of the completion of t-he procedures
                                                         «
 necessary for this purpose . Pending its entry into force it Vail be
 applied provisionally with effect from 1st January 1977.
                     ii ri " ■■ in – ii > i
 ---pagebreak---                                  Article 12
      This Agreement shall remain in force for an initial period of
tea
    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 '"s1xlftionths before the expiry of ,any such period .
                                 Article *3
      The Part-ies agree to examine this Agreement upon the conclusion
of the negotiations for a multilateral treaty resuming from the
Third United Nations Conference on the Law of the Sea .
                                 Article *4
      This Agreement is drawn up in two copies in the Danish , Dutch ,
English , Faroese , French , German and Italian languages each of these
texts being equally authentic .