Proposal for a Council Decision on the conclusion of an Agreement in the form of an exchange of letters concerning the interim extension of the Protocol to the Agreement between the European Community and the Government of the Republic of Senegal on fishing off the coast of Senegal for the period from 2 October 1996 to 1 November 1996 (97/C 8/06) COM(96) 611 final - 96/0287(CNS)

(Submitted by the Commission on 28 November 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 43 and 228 (2) and (3), first subparagraph, thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of Parliament,

Whereas the Community and Senegal have entered into negotiations, in accordance with the second paragraph of Article 17 of the Agreement of 15 June 1979 between the European Community and Senegal on fishing off the coast of Senegal, in order to establish the arrangements to be applied after 1 October 1996, the date on which the Protocol to the Agreement expires;

Whereas the two Parties agreed on 27 September 1996 to extend the said Protocol for an interim period, from 2 October to 1 November 1996, pending the outcome of the negotiations referred to above,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an exchange of letters concerning the interim extension of the Protocol to the Agreement between the European Community and the Government of the Republic of Senegal on fishing off the coast of Senegal for the period from 2 October 1996 to 1 November 1996 is hereby approved on behalf of the Community.

The text of the Agreement 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.

AGREEMENT in the form of an exchange of letters concerning the interim extension of the Protocol to the Agreement between the European Community and the Government of the Republic of Senegal on fishing off the coast of Senegal for the period from 2 October 1996 to 1 November 1996

A. Letter from the Community

Sir,

I have the honour to confirm that we agree to the following interim arrangements for the extension of the Fisheries Agreement between the Government of the Republic of Senegal and the European Community, pending the conclusion of the negotiations on the amendments to be made to the Protocol to the Fisheries Agreement.

1. The arrangements applicable over the last two years shall be extended for a period from 2 October until 1 November 1996.

For the interim period, the financial compensation paid by the Community and the level of its contribution to the financing of a Senegalese scientific programme and the programmes provided for in Article 5 shall be determined pro rata temporis in accordance with Articles 2, 3 and 5 of the current Protocol.

The same principle of pro rata temporis shall apply to the arrangements for study awards provided for in Article 4 of the Protocol.

2. During the interim period licences shall be issued within the limits laid down in Article 1 of the current Protocol on payment of fees or advances that correspond pro rata temporis to those laid down in points A and B of Annex I to the Protocol.

The payments provided for in point 1 shall be made before 31 December 1996 in the same way as provided for in the initial Protocol.

I should be obliged if you would acknowledge receipt of this letter and confirm that you are in agreement with its contents.

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

On behalf of the Council of the European Union

B. Letter from the Government of Senegal

Sirs,

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

'I have the honour to confirm that we agree to the following interim arrangements for the extension of the Fisheries Agreement between the Government of the Republic of Senegal and the European Community, pending the conclusion of the negotiations on the amendments to be made to the Protocol to the Fisheries Agreement.

1. The arrangements applicable over the last two years shall be extended for a period from 2 October until 1 November 1996.

For the interim period, the financial compensation paid by the Community and the level of its contribution to the financing of a Senegalese scientific programme and the programmes provided for in Article 5 shall be determined pro rata temporis in accordance with Articles 2, 3 and 5 of the current Protocol.

The same principle of pro rata temporis shall apply to the arrangements for study awards provided for in Article 4 of the Protocol.

2. During the interim period licences shall be issued within the limits laid down in Article 1 of the current Protocol on payment of fees or advances that correspond pro rata temporis to those laid down in points A and B of Annex I to the Protocol.

The payments provided for in point 1 shall be made before 31 December 1996 in the same way as provided for in the initial Protocol.

I should be obliged if you would acknowledge receipt of this letter and confirm that you are in agreement with its contents.`

I have the honour to confirm that the above is acceptable to the Government of Senegal and that your letter and this letter constitute an agreement in accordance with your proposal.

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

For the Government of Senegal