**Avis juridique important**

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# 32002R0580

**Council Regulation (EC) No 580/2002 of 25 March 2002 on the conclusion of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Gabonese Republic on fishing off the coast of Gabon for the period 3 December 2001 to 2 December 2005***Official Journal L 089 , 05/04/2002 P. 0003 - 0004*

Council Regulation (EC) No 580/2002

of 25 March 2002

on the conclusion of the Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Gabonese Republic on fishing off the coast of Gabon for the period 3 December 2001 to 2 December 2005

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 37, in conjunction with Article 300(2) and the first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament(1),

Whereas:

(1) Under the Agreement between the European Community and the Gabonese Republic on fishing off the coast of Gabon(2), the two Parties have held negotiations with a view to determining amendments or additions to be made to that Agreement at the end of the period of validity of the Protocol annexed thereto.

(2) As a result of these negotiations, a new Protocol setting out the fishing opportunities and financial contribution provided for in the above Agreement for the period from 3 December 2001 to 2 December 2005 was initialled on 20 September 2001.

(3) It is in the Community's interest to approve this Protocol.

(4) The allocation of the fishing opportunities among the Member States should be defined,

HAS ADOPTED THIS REGULATION:

Article 1

The Protocol setting out the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Gabonese Republic on fishing off the coast of Gabon for the period 3 December 2001 to 2 December 2005 is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Regulation(3).

Article 2

The fishing opportunities set out in the Protocol shall be allocated among the Member States as follows:

- tuna seiners:

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- surface longliners:

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- trawlers:

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If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.

Article 3

The Member States whose vessels fish under the Protocol shall be required to notify the Commission of the quantities of each stock caught in the Gabonese fishing zone in accordance with the detailed rules provided by Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas(4).

Article 4

The President of the Council is hereby authorised to designate the persons empowered to sign the Protocol in order to bind the Community.

Article 5

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 25 March 2002.

For the Council

The President

A.M. Birulés y Bertrán

(1) Opinion delivered on 14 March 2002 (not yet published in the Official Journal).

(2) OJ L 308, 18.11.1998, p. 4.

(3) OJ L 73, 15.3.2002, p. 19.

(4) OJ L 73, 15.3.2001, p. 8.