CELEX: 51979PC0673
Language: en
Date: 1979-11-22
Title: Proposal for a COUNCIL DECISION concerning the maintenance until 31 December 1979 of certain fishing rights of Community fishermen in the territorial waters of Yugoslavia (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 673
Vol. 1979/0229
 ---pagebreak--- Disclaimer
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(79)673 final
                                                    Brussels , 22 November 1979
                                Proposal for a
                               COUNCIL DECISION
          concerning the maintenance until 31 December 1979 of
             certain fishing rights of Community fishermen in
               .-f"the. territorial waters of Yugoslavia
        /Ν
        / es
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                    .
      P--       .. ^
                   (submitted to the Council by the Commission )
C0M(79 ) 673 final
 ---pagebreak---                    EXPLANATORY MEMORANDUM
Under the Agreement signed between Yugoslavia and Italy on 15 June 1973 ,
fishermen who are Italian nationals were authorized to fish in certain
areas of Yugoslav territorial waterfe , 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 interpretion 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 ,authori ties ,
the Council , by its Decisions of 20 December 1977 f 21 - June 1978 , 19 December
 1978 , authorized Italy to renew the arrangements agreed with Yugoslavia
in 1977 . in each case for six months .
                                                                      *
When adopting its decision of 20 December 1977 » "the Council agreed upon
the principle that "the amount to be paid for fishing rights would be
advanced by Italy and repaid afterwards by the Community up to 220.000 u.a .
 (that is half the amount paid by Italy in 1977 > lass the part covered by
reasonable fees which would be borne by the vessel owners and which would
be in the order of 20$ of the total cost )".           ^
In adopting the abovementioned decision of 19 December 1978 the Council *■
recorded the following statement in the minutes :
                            #
"In "the event "that , after the negotiations , the sum of 228 million lire
 ( equivalent to 202.411 EUA at the rate of 1 June 1979 ) should prove
insufficient , the Council agrees to reexamine the problem of the Community
 contribution. n
         A
 In adopting the decision of 25 June 1979 "th0 Council recorded this same
 statement in the minutes , as well as the following statement :
 "In the event that Yugoslavia , while accepting a carry-over of present
arrangements based on the 1973 Agreement ? in addition unilaterally imposes
 some new technical provisions , the Council agrees to reexamine .the situation
as soon as possible".
 ---pagebreak---                                 - 2 -
6.   By letter on 4 October 1979 "the Permanent Representation of Italy-
     informed the Commission of the outcome of talks which took place "between
     the Italian and Yugoslav Governments during August and September 1979 con­
     cerning th.e continuation of the arrangements forseen under the 1973
     Agreement . A summary of this letter , which has "been distributed at the
     External Fisheries Policy Group by the Italian representative , . is attached .
     It emerges from this letter that the Yugoslav Government has said that it
     is prepared to establish on an interim basis until 31 December 1979 similar
     arrangements to those laid down in the expired Agreement -for fishing by
     Italian vessels in Yugoslav waters . In exchange the Yugoslav Government
 . ■ requests the payment by Italy of a sum which for the whole of 1979 would
     amount to about 800 million lire . This sum is 40% greater than the sum
     of 570 million lire laid down in' the 1973 Agreement .
     The Italian Government has reserved its final acceptance of the conclusions
     of its talks with the Yugoslav Government pending the outcome of the
     examination which the Council wishes to make of the matter .
7.   In the^ same letter of 4 October , the Italian authorities suggest that , in
                                              ^                 •
     order to avoid a retroactive increase in the amount payable by the Italian
     fishermen concerned for 1 979 * "the amount be limited to the sum which they
     previously had to pay, that is , to twenty per cent of the former amount
     of 570 million lire ( i.e. 114 million lire ). The Community therefore
     should take over the entire increase forseen in the financial compensations ..
8.   The Commission, while not having participated in the discussions in
     question, considers it appropriate to approve the arrangements described
     in the abovementioned Italian note .
9.   The Commission considers , however , that if the economic profit resulting
     from the fishing rights in question justifies the increase in compensation
     negotiated by the Italian Government , it is only fair that the fishermen
     concerned assume the same share as has been fixed for the previous years ,
     that is , 20%.
     It is not on account of the Community that the establishment of compensation
     for the current year has only taken place in the month of September . The
     Commission does not see how this fact could justify an increase in the
     share of the costs assumed by the Community.
 ---pagebreak---                              - 3 -
     In "the light of -the Council statements referred, to under points 4 and
     5 , and taking account of the fact that the arrangements in question
     only oonoern a limited period , the Commission considers that for 1979
     the Community should assume responsibility for the same percentage of
     the compensation as that decided for the previous years - that is , 80$>.
10 . For the reasons given above the Commission recommends that the Council
     adopt the decision the draft of which is attached as an annex.
 ---pagebreak---               Proposal      for a Council Decision concerning the
           maintenance until * 31 December 1979 of certain fishing .
            rights of Community fishermen in the territorial waters
            of Yugoslavia .                                           •
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 10.3 thereof ,
Having regard to the proposal from the Commission ,            ,     - ;
Whereas by its. Resolution of 3 November 1976 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 Decisions of 19 December 1978 a*id 25 June 1979 "the Council
authorized the Republic of Italy to agree with the Socialist Federal .Republic
of Yugoslavia upon the provisional .maintenance until 30 June 1979 and '
31 December 1979 of the fishing arrangements laid down in the fisheries
Agreement between Italy and Yugoslavia of 1973 which expired in 197^5
Whereas the Yugoslav Government was unable to acceot a prolongation
without change of the arrangements laid down in the expired Agreement , but
has offered     the Italian Government the provisional maintenance until
31 December 1979 of certain of the fishing rights provided for under the Agreement
in return for the payment by Italy of financial compensation ;
Whereas Italy has reserved its final acceptance of these proposals pending
the outcome of an examination of them by the Council ;
                       '                            i             »•
Whereas the Council agreed , when adopting the abovementioned decisions , to
reimburse Italy for part of the amount which it must pay as financial
compensation for fishing rights granted by Yugoslavia ;
HAS DECIDED AS FOLLOWS :
 ---pagebreak---                                - 2 -
                             Article 1
The Republic of Italy is hereby authorized to agree with the Socialist
Federal Republic of Yugoslavia upon the provisional maintenance until
31 December 1979 of certain of the - fishing rights established under the
Agreement on fisheries between Italy and Yugoslavia of 15 June 1973 in
certain areas of Yugoslav territorial waters in return for the payment
of financial compensation the form of which is set out in a Note Verbale ,
a draft of which appears in the Annex to the present Decision .
                             Arti ele 2
The amount paid by the Republic of Italy as financial compensation under
Article 1 shall be reimbursed by the Community , subject to a maximum of
640 mi llion lire .
Done at Brussels ,                                 For the Council
                                                   The President
 ---pagebreak---                               DRAFT NOTE VERBALE
       from the Italian Government to the Yugoslav Government
   . £ The Italian EmbassyJ. has the honour to refer to the Note Verbale dated.
       18 September 1979 from the Ministry of Foreign Affairs of the Socialist
       Federal Republic of .Yugoslavia to the Italian Embassy in Belgrade which          -
    £ reads as follows :
      "The Federal Secretariat for Foreign Affairs of the Socialist Federal Republic
       of Yugoslavia presents its compliments to the Embassy of the Italian Republic
       and with reference to the conversations between the Italian and Yugoslav
 '     delegations concerning the increase in the amount to be paid for fishing by
       Italian fishermen in Yugoslav waters (Antivari , Pelagosa , Isola Grossa ) in the
       year 1 979 * in conformity with the letter of the Federal Secretary for Foreign
     - Affairs of 3 August         has the honoiH' to give the following information :
       During the talks of the two delegations held from 13 to 15 September 1 1979 it was -
       agreed that the Italian side would pay to the Yugoslav side a sum of .800
                                                                      >      . . .
       million Italian lire for fishing by Italian fishermen in the areas of Antivari ,
Pelagosa , Isola Grossa for the year 1979 * Th® payment will be made before ^1
       December 1979 into the external account in convertible lire of the National
       Bank of Yugoslavia at the Banco d f Italia , Rome , in favour of the Government
       of the Socialist Federal Republic of Yugoslavia.
       The Federal secretariat for Foreign Affairs takes this opportunity to renew?
       to the Embassy of the Italian Republic the expression of its highest consideration.
          \                        -                      ,
       Belgrade , 18 September 1979 *"                      ^
         The Embassy         J has the honour to inform the ^ Ministry              J
       that the Italian Government has been authorized by the competent bodies of
       the European Economic Community, to which Italyjias . transferred its powers
       of negotiation concerning fishing rights with third countries , to
       pay the sum of 800 million lire in exchange for the maintenance during the
       year 1979 of the fishing rights for Italian fishermen in the areas referred
       to in the Note Verbale cited above .
       (Habitual close )
 ---pagebreak---                                                               ANNEX
                 FINANCIAL IMPLICATIONS
Under the terms of Article 17 of the fisheries agreement signed in 1973
"between Yugoslavia and Italy , this Member State had to pay Lit 570 million
 per year' in return for the fishing rights granted in 1976 to Italian
 fishermen in Yugoslav territorial waters , 'The same amount was retained
 for the two years 1977 and 1978 during which the arrangements forseen
under the Agreement were prolonged .
The arrangements under the present decision provide for the payment "by
Italy of a sum of 800 million lire as financial compensation.     The
 Commission proposes that the Community contribution to this financial
 compensation in 1979     fixed at 640 million lire (approximately 559*000 EUA
at the rate of 1.11.79 )*                                   -
The      Budget for 1979 contains a heading covering this expenditure :
Article 890 , Reimbursements in respect of certain financial obligations
relating to fishing in the Adriatic , with a token entry .  A credit of
the transfer of this amount to Chapter 89 "Taking over by the Community
of certain financial obligations connected with agreements on fishing
rights in the waters of other countries " has already been approved .   The
credits covered by this transfer can therefore be used .