CELEX: 51984PC0390
Language: en
Date: 1984-07-12
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE CONCLUSION OF AN AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE EUROPEAN ECONOMIC COMMUNITY CONCERNING FISHERIES OF THE COASTS OF THE UNITED STATES

No C 257/4                         Official Journal of the European Communities                             25.9. 84
                                                          II
                                                  (Preparatory Acts)
                                            COMMISSION
             Proposal for a Council Regulation on the conclusion of an Agreement between the
             Government of the United States of America and* the European Economic Community
                               concerning fisheries of the coasts of the United States
                                                 COM(84) 3 90 final
                           (Submitted by the Commission to the Council on 12 July 1984)
                                                   (84/C 257/04)
THE COUNCIL OF THE EUROPEAN                                   The text of the Agreement, the Annex and the
COMMUNITIES,                                                  Agreed Minutes are annexed to this Regulation.
                                                                                       Article 2
Having regard to the Treaty establishing the
European Economic Community, and in particular                The President of the Council is hereby authorized to
Article 43 thereof,                                           designate the persons empowered to sign the
                                                              Agreement binding the Community.
Having regard to the proposal from the Commission,            The President of the Council shall, on behalf of the
                                                              Community, give the notification as to the entry into
                                                              force of the Agreement as provided for in Article
Having regard to the opinion of the           European        XIX of the Agreement.
Parliament,
                                                                                       Article 3
Whereas the Agreement between the Government of                1.    If the situation described in Agreed Minute No
the United States of America and the Community                7 arises, the Commission, at the request of a Member
concerning fisheries off the coasts of the United             State or on its own initiative, may terminate the
States, initialled on 27 June 1984, should be                 Agreement under Article XIX thereof and following
concluded;                                                    the procedure laid down in paragraph 2 below.
                                                              2.     The Commission shall give the Council at least
Whereas it is appropriate to provide for specific pro-        one month's notice of its intention to terminate the
cedures for terminating the Agreement if special              Agreement under paragraph 1. Within 10 days of the
circumstances arise which make it impossible for the          giving of notice any Member State may raise the
Community to continue the Agreement,                           question in the Council; the Council may decide by a
                                                              qualified majority that the Agreement shall not be
                                                              terminated. If no such decision is taken within a
                                                               period of one month following the giving of notice
HAS ADOPTED THIS REGULATION:                                   referred to above, the Commission may terminate the
                                                               Agreement.
                       Article 1                               3.    In any situation other than that referred to in
                                                               paragraph 1, the Council may decide to terminate the
                                                               Agreement by a qualified majority on a proposal from
The Agreement between the Government of the                    the Commission. The Council shall adopt a decision
United States of America and the European                      within two months of submission of the Commission's
 Economic Community concerning fisheries off the               proposal.
 coasts of the United States, together with the Annex
 and the Agreed Minutes which form integral parts of           4.    The Commission shall, on behalf of the
the Agreement, are hereby approved on behalf of the            Community, give notice of any termination under
 Community.                                                    Article XIX of the Agreement.
 ---pagebreak--- 25.9.84                             Official Journal of the European Communities                            No C 257/5
                        Article 4                              in Article 33 of Council Regulation (EEC) No 3796/
                                                               81 ( l ).
The owner or operator of a Member State vessel                                           Article 5
fishing or otherwise operating under the Agreement             This Regulation shall enter into force on the day
shall provide the appropriate authorities within the           following its publication in the Official Journal of the
Community with such information as may be pre-                 European Communities.
scribed concerning the fish or fishery products                This Regulation shall be binding in its entirety and
harvested or otherwise obtained pursuant to the                directly applicable in all Member States.
Agreement. Detailed rules to this effect shall be
adopted in accordance with the procedure laid down             O OJ No L 379, 31. 12. 1981, p. 1.
                                                   AGREEMENT
              Between the Government of the United States of America and the European Economic
                          Community concerning fisheries off the coasts of the United States
The Government of the United States of America and             HAVE AGREED AS FOLLOWS:
the European Economic Community (hereinafter
referred to as 'the Community'),
                                                                                         Article I
Considering their common concern for the rational
management, conservation and achievement of                    The purpose of this Agreement is to promote effective
optimum yield of fish stocks off the coasts of the             conservation,      rational     management    and    the
United States,                                                 achievement of optimum yield in the fisheries of
                                                               mutual interest off the coasts of the United States, to
                                                               facilitate the rapid and full development of the United
Recognizing that the United States has established by          States fishing industry and to establish a common
Presidential Proclamation of 10 March 1983 an                  understanding of the principles and procedures under
exclusive economic zone within 200 nautical miles of           which fishing may be conducted by nationals and
its coasts within which the United States has                  vessels of the Member States of the Community for
sovereign rights to explore, exploit, conserve and             the living resources over which the United States has
manage all fish and that the United States also has            sovereign rights to explore, exploit, conserve and
such rights over the living resources of the continental       manage.
shelf appertaining to the United States and
anadromous species of fish of United States origin,
                                                                                        Article II
Recognizing that the Community has been
cooperating for the rational management and conser-            As used in this Agreement, the term:
vation of the living resources off the coasts of the
United States and that Community fishermen
traditionally    have    been    cooperating    in    the      1. 'living resources over which the United States has
development of these resources under the Agreement                 sovereign rights to explore, exploit, conserve and
between the Government of the United States and the                manage' means all fish within the exclusive
European Economic Community concerning fisheries                   economic zone of the United States (except highly
off the coasts of the United States, signed 15                     migratory species of tuna), all anadromous species
February 1977,                                                     of fish that spawn in the fresh or estuarine waters
                                                                   of the United States and migrate to ocean waters
                                                                  while present in the United States exclusive
Desirous of establishing reasonable terms and                      economic zone and in areas beyond national
conditions pertaining to fisheries of mutual concern               fisheries jurisdictions recognized by the United
over which the United States has sovereign rights to               States and all living resources of the continental
explore, exploit, conserve and manage,                             shelf appertaining to the United States;