CELEX: 51977PC0119
Language: en
Date: 1977-03-30
Title: Proposal for a Council Regulation concerning the conclusion of an Agreement between the European Economic Community and the United States of America concerning fisheries off the coasts of the United States, and establishing the provisions for its application (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 119
Vol. 1977/0048
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                           COM(77)119 final.
                           I                              ,
                                           Brussels , 30 March , 1977 •
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                                 Proposal for a
                Council Regulation concerning the conclusion
                of an Agreement between the European Economic
                Community and the United States of America
                concerning fisheries off the coasts of the
                United States , and establishing the provisions
                for its application
                 ( submitted to the Council 'by the Commission )
  COM ( 77 ) 119 final
 ---pagebreak---  COMMUNICATION CONCERNING THE APPROVAL OF AN AGREEMENT BETWEEN THE EUROPEAN
 ECONOMIC COMMUNITY AND THE UNITED STATES CONCERNING FISHERIES OFF THE COASTS
OF THr; UNITED STATES AND ESTABLISHING THE PROVISIONS FOR ITS APPLICATION
                     ( Submitted to the Council by the Commission )
1,             The Agreement between the European Economic Community and the
United States concerning fisheries off the coasts of the United States was
signed on 15 February 1977 , in accordance with the Commission 's recommendation
( COM ( 77 ) 29 final ) and a decision taken by the Council on 14 February 1977 ,
               In a note dated 4 March 1977 the State Department Informed the
delegation of the Commission in Washington that the United States had completed
the internal procedures necessary to bring the Agreement Into force for the
United States .
               Pursuant to Article XVI of the Agreement , the Community if required
to complete Its Internal procedures for the entry Into force of the Agreement ,
and to so notify the United States , 1n order that the Agreement may enter into
force between the Parties .
2.             The proposed Council Regulation which 1s attached 1s based on
Article 43 of the EEC Treaty , in accordance with the views expressed by the Court
                                                                        (1 )
of Justice in the Kramer case ( cases 3, 4 and 6 / 76 of 14 July 1976 )      , In its
judgment the Court , after examining the whole scheme of Community law end the
provisions involved ( article 43 , regulation 2141 / 70, article 102 of the Act of
Access1on),declared that ".. 1t follows from the very duties and powers which
Community law has established and assigned to the Institutions of the Community
on the internal level that the Community has authority to enter into intern­
ational commitments for the conservation of the resources of the sea" ( 2 ).
               Applying this conclusion to the Agreement with the United States ,
article 43, and the development of the common fisheries policy based on that
article , provides the necessary authority for the Community to enter into the
Agreement and to establish the provisions for its application .
< 1 ) 1976 E.C.R. 1279 .
< 2 ) 1976 , E.C.R , 1309 .
 ---pagebreak---                                - 2 -
3.           As regards the contents of the Regulation , articles 1 and 2 provide
for the formal approval of the Agreement and the notification to be made to
the United States .   Article 3 sets out the obligation to be observed by
Community fishermen with respect to living resources over which the United
States exercises fishery management authority .   The fees required by the
United States are to be paid by the person to whom the permit 1s to be
Issued ( article 3(5 )).  Member States are required to take appropriate
measures to penalize infringements of the provisions of article 3# to make , on
behalf of the Community# the required reports to the United States# and to
ensure that the total allocation 1s not exceeded ( article A ),
             Article 3 deals with the procedures for the submission of permit
applications and for the acceptance or rejection by the Community pf the
conditions and restrictions determined by the United States under the Agreement ,
Articles 6 to 8 provide for the establishment and procedures of a Committee ,
consisting of representatives of Member States under the chairmanship of a
representative of the Commission , which would be required to give Its opinio"
on measures proposed by the Commission ,
A.           As regards the administration of the Agreement# the Commission will#
at the appropriate time# consider and report to the Council on additional
staff requirements .
        *
 ---pagebreak---                                  Proposal for a
                 Council Regulation concerning the conclusion
                 of an Agreement between the European Economic
                 Community and the Uhited States of America
                 concerning fisheries off the coasts of the
                 United States , and establishing the provisions
                 for its application
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 43 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
Whereas the common fisheries policy Includes the determination of conditions
for fishing with a view to ensuring the conservation of the biological
resources of the sea , as is indicated , 1n particular , 1n Article 102 of the
Act of Accession , and to be effective the measures taken must be applied
by all the parties concerned ;
Whereas by Its Resolution of 3 November 1976 on certain External aspects
of the creation of a 200 mile fisheries zone in the Community with effect
from 1 January 1977, the Council agreed that fishing rights for Community
fishermen 1n the waters of third countries must be obtained and preserved
by appropriate Community agreements ;
Whereas the Agreement between the Community and the United States of America
concerning fisheries off the coasts of the United States which was signed
on 15 February 1977 should now be concluded ;
Whereas it 1s necessary to provide for the implementation of the Agreement ,
HAS ADOPTED THIS REGULATION :
 ---pagebreak---                                       Article 1
     The Agreement between the European Economic Community and the United
 States of America concerning fisheries off the coasts of the United States
 is approved in the name of the Community .
     The "text of the Agreement referred to in the paragraph above is
annexed to the present regulation .
                                      Article 2
     The President of the Council shall make the notification referred to in
Article         XVX of the Agreement .
                  ι
                                      Article 3
                                     "■   ■ '   I
 1 , Nationals and vessels of Member States shall refrain from fishing for
 living resources over which the United States exercises fishery management
 authority except as authorised pursuant to the Agreement . All such vessels
so authorized shall comply with the provisions of permits issued pursuant
to the Agreement and applicable law of the United States , and with the
 following paragraphs of this Article ,
 2 . The conduct of fishing activities by nationals and vessels of Member
 States under the Agreement shall be subject to observance of the following
 conditions t
         (1)     the authorizing permit for each vessel ehall be prominently
                 displayed in the wheelhouse ;
       < ii >    appropriate position-fixing and identification equipment , as
                 determined by the Government of the United States , shall be
                 installed and maintained in working order on each vessel ;
     < H1 >      designated United States observers shall be permitted to board ,
                 upon request , any such fishing vessel , and shall be accorded
                 the equivalent rank of ship 's officer while aboard such vessel ,
                 and , further , the Government of the United States shall be
                 reimbursed by the natural or legal person to whom the permit
                 has been issued for the costs incurred in the utilization of
                 observers ;
       < iv >    agents shall be appointed and maintained within the United
                 States possessing the authority to receive and respond to any
                 legal process issued in the United States with respect to a
                 vessel owner or operator for any cause arising out of the conduct
                 of fishing activities under the Agreement ;
         (v)     prompt and adequate compensation shall be made to United States
                 citizens for any loss of , or damage to , their fishing vessels ,
                 fishing gear or catch that is caused by any fishing vessel of
                 a Member State , as determined by applicable United States
              ' procedures ; and
                                                                            ψ!*
 ---pagebreak---          ( vO - vessels shall maintain records arid collect data , In accordance
                with the provisions of Annex I i. or the Agreement and of tne
                pertinent United States regulations , and shall transmit to the
                Member State concerned , in sufficient time , the necessary
                information to enable the Member State to make , on behalf of
                the Community , the required reports to the United States
                authorities .
3.    Nationals and vessels of Member States shall refrain from harassing ,
hunting , capturing , or killing , or attempting to harass , hunt , capture
or Kill , any marine mammal within the United States fishery conservation
zone , except as may be otherwise provided by an international agreement
respecting marine mammals to which the United States is a party , or in
accordance with specific authorization for and controls on incidental taking
of marine mammals established by the Government of the United States .
4.    Vessels of Member States authorized to fish pursuant to the Agreement ,
and any other fishing vessel of a Member State that engages in fishing for
living resources subject to the fishery management authority of the United
States , shall allow and assist the boarding and inspection of 6uch vessel
bv any duly authorized enforcement official of the United States and shall
cooperate in such enforcement action as may be undertaken pursuant to the
laws of the United States .
3.    The   fees required by the Government of the United States for a permit
shall be    paid by the natural or legal person to whom the permit is to be
issued .    The Commission shall notify the persons concerned of the arrange­
ments to    be made to ensure the prompt payment of such fees .
                                  Article A
1,    Member States shall take any appropriate measures to penalize
infringements by their nationals and vessels of the provisions of Article J.
      They shall notify the Commission of the measures provided for in the
preceding paragraph not later than one month after their disposition .
2.    When a vessel or vessels of a Member State have been authorized to
engage in fishing activities pursuant to the Agreement , the Member State
concerned shall be responsible for the data collection and statistical
reporting requirements set . out in Annex II of the Agreement and in the
pertinent United States regulations , other than those to be observed by
the owner or operator , and shall submit , on behalf of the Community , the
reports required under Annex II and the pertinent United States regulations
to the United States authoritiez .       The Member State concerned shall
transmit to the Commission a copy of all such reports made to the United
States authorities and shall inform the Commission when the total allocation
in respect of any fishery has been reached . The Member State concerned shall
be responsible , on behalf ot the Community , for ensuring that the total
allocation in respect of any fishery is not exceeded by it3 vessels .
 ---pagebreak--- 3.    In the event that the United States authorities supply Information that
a vessel has failed to comply with the provisions of the permit Issued and
the applicable laws of the United States , trie Member State concerned shall
 Investigate the matter without delay and shall inform the Commission ot
the results of the investigation and of any action taken .
                              Article 5
1.    The Commission shall notify the Member States of the procedures to be
followed as regards the completion of applications for permits in respect
of vessels that wish to engage In fishing pursuant to the Agreement ,
2.    The Commission shall submit completed applications to the Government of
the United States .
3.    The Commission shall notify the Government of the United States * pursuant
to Annex I of the Agreement , of the acceptance or rejection by the Community
of the conditions and restrictions determined by the Government of the
United States in connection with the issue of permits .
4.    Measures for the application of paragraphs 2 and 3 above shall be adopted
1n accordance with the procedure laid down in Article 7 ,
                              Article 6
1.    There 1s hereby established a Committee consisting of representatives
of the Member States under the chairmanship of a representative of the
Commission .
2.   Within the Committee the votes or the Member States shall be weighted
in accordance with Article 148(2 ) of the Treaty . The chairman shall not vote .
                              Article 7
1.   Where the procedure laid down in this Article Is to be followed , the
chairman shall refer the matter to the Committee either on his own initiative
or at the request of the representative of a Member State ,
2.    The representative of the Commission shall submit a draft of the
measures to be taken . The Committee shall deliver its opinion on such measures
within a time limit to be set by the chairman according to the urgency of
the questions under consid9ration . An opinion shall be adopted by a majority
of 41 votes .
3.   The Commission shall adopt measures which shall apply immediately .
However , if these measures are not in accordance with the opinion of the
Committee , they shall forthwith be communicated by the Commission to the
Council . In that event the Commission may defer application of the measures
which it has adopted for not more than one month from the date of such
communication .
 ---pagebreak---        Ti-* Council , ec'ira by a Qualified majority , may take a different
fid rid or. within rs   ncntii ..
                                  Article 8
       The Committee may consider any other question referred to 1t by Its
chairman either on his own Initiative or at the request of a representati
cf a Plemc.T State ,
                                  Art 1 cl * 9
       This Regulation shall enter into force the day following Its publica
In J he Official Journal of the European Communities .
       The date of entry into force of the Agreement will be published 1n
the Official Journal of the European Communities .
       This Regulation shall be binding in its entirety and directly
applicable in ell Member States .
Don1? at Brussels trie
                                                  By the Council
                                                  The President