Council Regulation (EC) No 2562/2001
of 17 December 2001
on the conclusion of a Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the government of the Democratic Republic of Madagascar on fishing off Madagascar for the period from 21 May 2001 to 20 May 2004
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 Economic Community and the government of the Democratic Republic of Madagascar on fishing off Madagascar(2), the two Parties conducted negotiations to determine the amendments or additions to be made to the Agreement at the end of the period of application of the Protocol to the Agreement.
(2) As a result of these negotiations, a new Protocol setting out the fishing opportunities and financial contribution provided for in the said Agreement for the period from 21 May 2001 to 20 May 2004 was initialled on 12 March 2001.
(3) The Protocol stipulates that Community vessels fishing under the Agreement will be monitored by satellite under conditions agreed by the Parties. For that purpose, on 17 May 2001, both Parties adopted provisions establishing the method of sending data on satellite monitoring of the position of Community vessels fishing under the Agreement, which entered into force on 21 May 2001.
(4) It is in the Community's interest to approve the said Protocol.
(5) The method of allocating the fishing opportunities among the Member States should be defined on the basis of the traditional allocation of fishing opportunities under the said Agreement,
HAS ADOPTED THIS REGULATION:
Article 1
The Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the government of the Democratic Republic of Madagascar on fishing off Madagascar for the period from 21 May 2001 to 20 May 2004 is hereby approved on behalf of the Community.
The text of the Protocol is attached to this Regulation(3).
The provisions concerning the vessel monitoring system (VMS) are set out in the Annex to this Regulation.
Article 2
The fishing opportunities set out in the Protocol shall be allocated among the Member States as follows:
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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 are fishing under this Protocol are obliged to notify the Commission of the quantities of each stock taken in the Malagasy fishing zone in accordance with the arrangements laid down in 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 day 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, 17 December 2001.