CELEX: 51975PC0069
Language: en
Date: 1975-02-27 00:00:00
Title: Recommendation for a COUNCIL DECISION approving the exchange of letters between the European Economic Community and the Kingdom of Norway concerning the establishment by Norway of fishing zones closed to trawlers at certain times of the year (submitted to the Council by the Commission)

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COM (75) 69
Vol. 1975/0026
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 ---pagebreak--- COMMISSION OF TKE EUE.OPEAN COMMUNITIE                                                O»
                                                            COM(75)69 final
                                                            Brussels , 27 February 1975
                                 Recommendation for a
                                   COUNCIL DECISION
              approving the exchange of letters between the European
              Economic Community and. the Kingdom of Norway concerning
              the establishment by Norway of fishing zones closed to
                            trawlers at certain times of the year
                    ( submitted to the Council by the Commission)
  COM(75 ) 69 final
 ---pagebreak---             Commission Recommendation to the Council relating
            to the approval of an exchange of letters between
            the European Economic Community and Norway concerning
            the establishment by Norway of fishing zones closed
            to trawlers .
      K–.
  1. The negotiations with Norway concerning the establishment by that
     country of fishing zones closed to trawlers took place on
     24 January 1975 in Brussels .
  2. The result of the negotiations is contained in an exchange of letters .
                                    c
     The Community Delegation and the Norwegian Delegation approved the
*
     English text of these letters which were initialled on 24 January
     and signed on 29 January 1975 *
 3.  The negotiations were carried out on the basis of Council Directives
     by the Commission with the assistance of the Special Committee provided
     for by Article 113 of the Treaty establishing the European Economic
     Community .
     The Commission consequently considers that it has fulfilled its
     negotiating task.    It recommends that the Council approve the exchange
     of letters .
     To this end , the Commission submits to the Council the text of the
     exchange of letters referred to above under point 2 and a recommendation
     for a Council Decision relating thereto .
                                  r
 ---pagebreak---                     Recommendation for a Council Décision
                       approving the exchange of letters
between the European Economic Community and the Kingdom of Norway concerning
the establishment by Norway of fishing zones closed to trawlers at certain
times of the year .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having rega.rd to the Treaty establishing the European Economic Community ,
and in particular Articles 43 and 113 thereof ;
Having regard to the Commission 's recommendation ;
Havmg regard to the Opinion of the European Parliament ;
Whereas the negotiations held on 24   January 1974 between the Community and
Norway concerning the establishment   by Norway of certain fishing zones
closed to trawlers at certain times   of the year have resulted in a
satisfactory solution which has led   to the signing of an exchange of
letters on 29 January 1975 i
HAS DECÏDED AS FOLLOWS :
                             Solo Article
     The exchange of letters between the European Economic Community and
the Kingdom of Norway concerning the establishment by Norway of fishing
zones closed to trawlers at certain times of the year is hereby approved .
     The text of the letters is annexed to this Decision .
Done at Brussels ,
                                        For the Council .
                                          The Président .
 ---pagebreak---                                   MINISTER WITHOUT PORTFOLIO
     ADR .: 7. JUNI PLASS 1 , OSLO 1 - POSTAL ADR.: OSLO DEP. - TELEPHONE : (02)20 41 70 - TELEGRAMADR .: NOREG , OSLO
                                                 TELEX : 11004 , NOREG , OSLO
                                                                              Oslo ,   29 3anuary 1975
                    DearSir ,                    •
                                  Following upon the meeting held on 24 January 1975
                    between representatives of the Norwegian Government and of
                    the European Economic Community ,                           and after the bilateral
                    discussions which I have held with representatives of the
                    Federal Republic of Germany , France and the United Kingdom ,
                    I have the honour to inform you that the Norwegian Government
                    proposes to establish three zones closed to vessels using
                    trawls during certain months for the protection of passive
                    fishing gear , in waters off the Norwegian coast and adjacent
                    to the Norwegian Fishery Limit .                            No * vessels using trawls
                    could fish in the zones during the periods specified in the
                    Annex      at t ached to        this      letter .         These measures would                be
                    non-discriminatory ;                  they would apply , equally to vessels of
                    all nations including Norway .                           The Norwegian Government is
                   confident that the Community would not consider these measures
                   unfavourably .
                                  The Norwegian Government would propose to conclude
                   bilateral arrangements with certain ' Member States of the
                   Community which contain the same main elements on the trawler
                   free zones as in the present exchange of letters , as well as
                   a definition of the conditions for the operation of these
                   zones , and a denunciation clause .                            The Norwegian Government
Mr .  Roland de KERG0RLAY
Deputy Director General
The Commission of the European Communities                                                              '
BRUSSELS
 ---pagebreak---                        - 2 -
is prepared to conclude bilateral arrangements of the same
character with all other Member States of the Community
concerned .
        Nothing in this letter shall prejudge any question
concerning the L aw of the Sea .
        Please accept , Sir , the assurance of my highest
consideration .
                                  ]L U .S        t .Vc-K
                                    Jens Evensen
                             y
 ---pagebreak---                                                         ANNEX
 ZONE 1  ( Jennegga - Malangsgrunnen )
Definition : N 68°50' E 13 50' ,           N 69°09' E l30 37' f
               N 69° 33 ' E 15°32' ,       l\l 70°00 " E 16°28 »,
               N 70°00 ' E 17° 28 '
Period of Closure :      20 October    -    20 March
ZONE 2   (H jelmsoybanken )
Definition : N 71°17' E 23°47' ,           N 71°50' E 23°47'
               N 71°50 ' E 25 40.5' , N 71°23' E 25 O 40.5'
Period  of  Closure :    1 Nove'mber   -   31 March
ZONE 3   ( Nordbanken/ Bverbanken )
Definition : N 70°55' E 30 O 10.5 , , N 71°12' E 30 O 43'
               N 70 45 1 E 31 50 ' ,       N 70°34' E 31°29'
Period of   Closure :    1 October   -   1    March
The Zones are bounded on the landu/ ard side by the Noru/ egian
fishery limit and on the seaward side by straight lines
joining the points specified .
 ---pagebreak---          COMMISSION
            OF THE                                                        Brussels ,                  29.. Januaiy. 1.97.5
EUROPEAN COMMUNITIES
             Your Excellency ,
                      I have the honour to acknowledge receipt of your letter dated
             29 January 1975 and to confirm that , following the meeting between the
             representatives of the European Economic Community and of the Nowegian
             Government , held on 24 January 1975 » the Community declares that fbr
             its part it is not opposed to the measures contemplated "by the Norwegian '
             Government for the establishment on a non-discriminatory basis of three ?
             aones closed to vessels using trawls , as formulated in the Annex to your
             letter .
                      In my letter to you of 16 April 1973 » I stressed that the autonomous
             tariff concessions concerning certain fish products granted to Norway by '
             the Community were all subject to " the maintenance of the present
             conditions of general competition in the fisheries sector"; and during
            the negotiations prior to the signature of that letter it was made clear •
            to your Delegation that this proviso referred particularly to the
            maintenance of the situation concerning the legal and factual advantages
          . as regards fishing off the Norwegian coast .                                            .
                      While the Community considers that the implementation of , the measures
         • proposed will have some effect upon the conditions of competition to which
            I have referred , it understands the motives which have led the Norwegian
            Government to contemplate the establishment of the three zones in question
    H.E , Mr. Jens EVENSEN ,
    Minister m charge of matters pertaining to
        the Law of the Sea and Fishery Limits ,
    Rue Archimede 17 ,
    BRUXELLES
                                            l
Provisionol oddtess : Rue de io Loi 200, B-1040 Brusscls - Téléphoné 35 0040-35 80 40 - Télégraphie oddress : « COMEUR Brusscls . -
                                                    Tclex : « COMEURBRU 21 877 .
 ---pagebreak---  on a non-discriminatory "basis , ana considers that in the present
 circumstances the effect of their establishment will not "be so serious
as to warrant a reconsideration "by the Community of its autonomous
tariff concessions on Norwegian fish products . Nonetheless , I must
underline that the proviso set out in my letter of 16 April 1973 "by
which the Community' autonomously granted preferential treatment for
certain Norxvegian fish products is in no way altered "by the attitude
which the Community has "been able to adopt towards these fcones closed
to vessels using trawls , and that the Community continues to attach
the greatest importance to it . Nothing in this letter shall prejudge
                                    \
any question concerning the Law of the Sea .
      Finally I note that "bilateral exchanges of notes are to "be              >
concluded "between Norway on the one hand and the Federal Republic of
Germany, France and the United Kingdom on the other hand concerning
these trawler free zones . . The above mentioned exchanges share certain
common^ elements with the present exchange of letters . I note , in
particular , that those elements of especial concern to relations "between
Norway and the Member States concerned are to be subject to a termination
olause^    I understand that the Norwegian Government is ready to conclude
bilateral arrangements of the same character with all other concerned
Member .States of the Community.
       ' t
      Please aocept , Tour Excellency, the assurance of ay highest
consideration .      '
                                    For the Council of the European Communities
                                           ERGORLAY ^ ^
                                  . R. de KERGORLAY
                                    Deputy Director-General
                                    for External Relations
    CERTiFIFD COPY                                             /£
   The Secreiàfy General,                                      O •            c
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