CELEX: 51973DC0433
Language: en
Date: 1973-03-20
Title: Project of Communication from the Commission to the Council on the problems created by the allocation of national catch quotas under the International Commissions for Fisheries#Project of recommendation for a Council Decision authorizing the Commission to negotiate the accession of the Community to the International Conventions for Fisheries.#Project of recommendation for a Council Decision authorizing the Commission to negotiate in the name of the Community the allocation of Community catch quotas under the International Commissions for Fisheries. (Submitted by the Council to the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 433
Vol. 1973/0072
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
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
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
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,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(73)433 final
                                               Brussels , 20 March 1973
               Project of Communication from the Commission to the
               Council on the problems created by the allocation of
               national catch quotas under the International Com­
               missions for Fisheries
               Project of recommendation for a Council Decision
               authorizing the Commission to negotiate the accession
               of the Community to the International Conventions for
               Fisheries .
               Project of recommendation for a Council Decision
               authorizing the Commission to negotiate in the name
               of the Community the allocation of Community catch
               quotas under the International Commissions for
               Fisheries
               ( Submitted by the Council to the Commission)
                              (
  COM(73 ) 433 final
 ---pagebreak---                                                                      VI/ 1052/73-E
   IIÎTRODUCTION
   A certain number of international organizations were established by
   conventions signed either autonomously or ; under the aegis of the FAO
   with the aim of preserving and exploiting the "biological resources of the
   sea in a rational manner (e.g. the International Commission for the
   Horth-West Atlantic Fisheries ,, the, North-Eagt Atlantic - Fisheries Commission ,
  FAO Indo–Pacific Fisheries Council, FAO Fisheries Committee for the
  Eastern Central Atlantic ■
                              ,• "the
                                    ■ >
                                          International
                                               ;
                                                        Commission for the Protection
   of Atlantic Tuna Fish , etc . ...).
. These Commissions make recommendations or proposals , according to various
  procedures , to the Member Nations for measures to . "be taken to achieve
  ■ihe aforesaid aim .
  Since the attainment of the objectives of some of these Commissions to
  which certain Member States of the Community belong automatically affects the
  common fisheries policy, the Commission laid before the Council three
  communications oohcerning participation by the Community in the work of
  two of' these' Commissions (H&'JFC^and              and ICNAF^).
  The Committee of Pernanent Representatives subsequently agreed on the
  follov/ing methods of participation :
  1 . Community representatives would participate as observers in tile work
                                        ;          #
        of the Commissions .
  2.    The Commission and the Member States would coordinate their attitudes
        beforehand arid on the spot in order to reach a common standpoint .
  3.    The Commission Representative would in principle act as spokesman on
        questions which affected the Community and on which a common standpoint
        had been reached .                   "   "      ' ' '
  Although the first two of these proposals 'have been implemented , the third
  has not , for internal reasons ^ been effectively put into practice , the
  Commission Representative having confined himself to making very general
  statements at the end of sessions , oven over issues on which a ©amnion
  standpoint had been reached .                          '  '
  7ÏT
  v 'Communication from the Commission to the Council of 24 March 1971 relating
       to Community participation in the work of the Commission for the North-East
  /pyAtlantio Fisheries Convention (lJEtlFC ) Doc. SEC(71)1098 final.
  ^ 'Communication from the Commission to the Council of 28 May 1971 :           International
        North-East Atlantic Fisheries Convention : possibility of a meeting at
  /, v-roinisterial level , Doc . SEC(71 ) 1924 final .
  U 'Communication from the Commission to the Council of 12 May 1971 relating
       to Community participation in the work of the Commission for the International
       Convention for the North–West Atlantic Fisheries ( ICNAF ) Doc . SEC(71)1662 final .
 ---pagebreak---                                         72-                     VI/ 1052/73-E         i
                                                                                      i
Problem of allocating national catoh quotas                                            I
                                                                                        I
A new situation has "been created for the Community "by these Commissions :
the allocation of national catch quotas .
It became apparent that the traditional m ethods of preserving fish stooks
were proving insufficient , indeed ineffective , in the face of intensive
exploitation and the consequent growing depletion of stocks of certain species .
Accordingly, since last year , ruocessfai efforts hare' been made - albeit after
considerable hesitation – to limit directly, on the basis of scientific data ,
the catches of certain species (herring, cod , plaice , haddock, etc .) by
allocating national catch quotas .                    "
In the present situation this measure seoms the most rational one because it
prevents in particular countries with the most modern and best equipped
fleets from exhausting stocks before the fleets of other countries have been
able to begin fishing the stocks in question .
However , from the Community point of view , such a measure raises the following
issues :
1.  This is in effect a quantitative restriction on production in a sector
covered by the common agricultural policy, and more particularly by the policy
as defined in Article 39 ( 1 ) (<i ) of the Treaty of Rome , and one liable to cause
distortions of competition between Community producers .
Moreover , it is difficult to see how such a measure which affects Community
production and marketing conditions , can properly continue to be administered
at national level when there exists a Community regulating mechanism in the
                                                                           1)
form of the common organization of the market in fishery product s v          .
2,  The measure would also appear to constitute a restriction on trade with .
third countries , for it forms part of an international agreement whereby each
party agrees to limit its production only on the condition that the other
parties undertake to do likewise , and thus not to import or export more than
the quota in question in respect of the species subject to international control .
It therefore also constitutes a measure of commercial policy .
                                                                                  */•
^ 'Council Regulation (EEC) ITo 2142/70 on the common organization of the
   market in fishery products .
   OJ Ho L 236 , 27 October 1970 , p. 5 .                                ...
 ---pagebreak---                                      - 3 -                  VI/1052/73-B
 3 . Almost inevitably moreover , the measure involves quantitative
 restrictions on fishing, which vary from Member State to Member State .    In
 that respect it should he noted that according to the provisions of Article 40(3 )
 of the Treaty, the Community must organize the agricultural markets in such a
way as to "exclude any discrimination "between producers within the Community".
 It follows that only a system adopted on a Community basis and applied "by the
 Community without discrimination would be in line with the Treaty .
Moreover , a Community quota system would have distinct economic advantages .
If , for example , a Community reserve were introduced , then , given the present
ICNAF and NEAFC system and the current catches of the Member States , it would
be possible for a Member State not to use its full entitlement during a
oertain period , without thereby losing its future rights for that amount , while
at the same time another Member State could catch fish in excess of its quota ,
subject to an obligation to accept a corresponding shortfall in the future .
It follows from the foregoing that the measure in question falls within the
scope both of the common agricultural policy and of the Community 's
commercial policy and thus constitutes a matter coming within Community
competence .
Conclusion
Two conclusions can therefore be drawn :
1.   Community catch quotas should be negotiated with the relevant Commissions
and should be administered and applied without discrimination by the
Community according to appropriate rules (cf . for example , the administration
of Community tariff quotas on imports for different products ).
2.   It follows from this first conclusion that the Community must be a party
to the negotiation of the allocation of catch quotas with the relevant Commissions
and must therefore be a contracting party to those Commissions .
The Commission accordingly recommends the Council to J
(a ) authorize the Commission to negotiate , in consultation with the Special
      Committee provided for in Article 113 , the accession of the Community to the
      International Convention for the North-West Atlantic Fisheries (ICNAF )
      and to the North-East Atlantic Fisheries Convention (NEAFA );
(b ) authorize the Commission to conduct , in consultation with the Special
      Committee provided for in Article 113 and in accordance with the guidelines
      outlined above , negotiations on the allocation of oatch quotas under the
      ICHAF and the NEAFC .                                             /
 ---pagebreak---                                                              Vï/1052/7>E
                       Eecommondation for a Council Decision
               authorizing the Commission to negotiate the accession
               of the Community to the International Convention for
               the North-West Atlantic Fisheries (iCMP ) and. the
               North-East Atlantic Fisheries Convention (NEAFC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Articles 43 and 113 thereof ;
Having regard to the Recommendation from the Commission ;
Whereas the development of negotiations under the NEAFC and the ICNAF , in
particular the allocation of national catch quotas for certain species of
fish , requires that the Community "be a contracting party to the Conventions
in question ; whereas it is therefore necessary to authorize the
Commission to negotiate the accession of the Community to those Conventions ;
HAS DECIDED AS FOLLOWS !
                                  Sole Article
The Commission is authorizsd to negotiate in the name of the Community the
accession of the Community to the Norths-East Atlantic Fisheries Convention
 (NEAFC ) and to the International Convention for the North-West Atlantio
Fi sherie s (ICNAF ) .
The Commission shall "be assisted in the implementation of this Decision
by the Special Committee provided for in Article 113 *
Done at Brussels , .                   1973
                                                  For the Council
                                                   The President
 ---pagebreak---                                                                VI/ 1052/ 73–E
                     Recommendation for a Council Decision
              authorizing the Commission to negotiate in the name
              of the Community the allocation of Community catch
              quotas under the ICHAF and the NEAFC
    THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
    Having regard to the Treaty establishing the European Economic Community ,
    and in particular Articles 43 and 113 thereof ;
    Having regard to the Recommendation from the Commission ;
    Whereas the ICEAF and the 11EAFC at present propose , according to their own
   procedures , measures providing for the allocation of national catch quotas
    for certain species of fish ;
   Whereas such measures constitute a quantitative restriction on production
   and therefore come within the scope of the common agricultural policy , and
    in particular of that policy as it is defined in Article 390 ) (<i)
    of the Treaty ;
   Whereas in the context of international negotiations the aforesaid measures
   result in restrictions on trade with third States ;
  /
   Whereas the measures must not be allowed , as far as the Community is concerned ,
   to result in discrimination as regards the conditions of production ^
                                                                     ifhereas the
   allocation of Community catch quotas should therefore be negotiated with the
   aforesaid organizations ;
   HAS DECIDED AS FOLLOWS :
                                   Sole Article
   The Commission is authorized to negotiate in the name of the Community the
   allocation of Community catch quotas under the ICITAF and the NEAFC . The
   Commission shr-11 be assisted in tho implementation of this Decision by the
   Special Committee provided for in Article 1 1 3 »
                                                                                      I
                                                                                      !
- Done at Brussels ,                     1973 «                                      i
                                                     For the Council
                                                                                     !
                                                     The President