Proposal for a Council Decision on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining, for the period 21 May 1995 to 20 May 1998, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of the Republic of Madagascar on fishing off Madagascar (96/C 72/08) COM(95) 376 final - 95/0187(CNS)

(Submitted by the Commission on 24 July 1995)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Agreement between the European Community and the Government of the Republic of Madagascar on fishing off Madagascar (1),

Having regard to the proposal from the Commission,

Whereas the Community and the Republic of Madagascar held negotiations to determine the amendments or additions to be made to the Agreement on fishing off Madagascar at the end of the period of application of the first Protocols;

Whereas, as a result of these negotiations, a new Protocol was initialled on 18 May 1995;

Whereas, under this Protocol, Community fishermen enjoy fishing opportunities in the waters falling within the sovereignty or jurisdiction of the Republic of Madagascar for the period 21 May 1995 to 20 May 1998;

Whereas, in order to avoid the interruption of fishing activities by Community vessels, it is essential that the Protocol in question be approved as quickly as possible; whereas both Parties have therefore initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol from the day following the date of expiry of the Protocols previously in force; whereas the Agreement in the form of an Exchange of Letters should be concluded, subject to a definitive decision pursuant to Article 43 of the Treaty,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining, for the period 21 May 1995 to 20 May 1998, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of the Republic of Madagascar of fishing off Madagascar is hereby approved on behalf of the Community.

The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.

Article 2

The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.

(1) OJ No L 73, 18. 3. 1986, p. 26.

AGREEMENT in the form of an Exchange of Letters concerning the provisional application of the Protocol defining, for the period 21 May 1995 to 20 May 1998, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of the Republic of Madagascar on fishing off Madagascar

A. Letter from the Government of Madagascar

Sir,

With reference to the Protocol, initialled on 18 May 1995, defining the fishing opportunities and the financial contribution for the period 21 May 1995 to 20 May 1998, I have the honour to inform you that the Government of Madagascar is willing to apply the Protocol provisionally from 21 May 1995 pending its entry into force in accordance with Article 7 thereof provided that the European Community is prepared to do likewise.

This is on the understanding that the first instalment, equal to one-third of the financial contribution laid down by Article 2 of the Protocol, will be paid before 30 November 1995.

I should be grateful if you would confirm the agreement of the European Community to such a provisional application.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Republic of Madagascar

B. Letter from the Community

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

'With reference to the Protocol, initialled on 18 May 1995, defining the fishing opportunities and the financial contribution for the period 21 May 1995 to 20 May 1998, I have the honour to inform you that the Government of Madagascar is willing to apply the Protocol provisionally from 21 May 1995 pending its entry into force in accordance with Article 7 thereof provided that the European Community is prepared to do likewise.

This is on the understanding that the first instalment, equal to one-third of the financial contribution laid down by Article 2 of the Protocol, will be paid before 30 November 1995.

I should be grateful if you would confirm the agreement of the European Community to such a provisional application.`

I have the honour to confirm the agreement of the European Community to such a provisional application.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Council of the European Union