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 establishing the fishing rights and financial contribution provided for in the Agreement between the European Community and the Republic of the Côte d'Ivoire on fishing off the coast of the Côte d'Ivoire for the period 1 July 1997 to 30 June 2000 (97/C 361/06) COM(97) 520 final - 97/0269(CNS)

(Submitted by the Commission on 22 October 1997)

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 Republic of the Côte d'Ivoire on fishing off the coast of the Côte d'Ivoire (1), and in particular Article 13 thereof,

Having regard to the proposal from the Commission,

Whereas the Community and the Republic of the Côte d'Ivoire have held negotiations to determine the amendments or additions to be made to the abovementioned Agreement on the expiry of the period of application of the Protocol thereto;

Whereas a new Protocol was initialled on 30 June 1997 as a result of those negotiations;

Whereas, under the latter Protocol, Community fishermen enjoy fishing rights in waters under the sovereignty or jurisdiction of the Republic of the Côte d'Ivoire from 1 July 1997 to 30 June 2000;

Whereas the Protocol in question must be applied at the earliest opportunity if fishing activities by Community vessels are not to be interrupted; whereas, to that end, the two Parties initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol from the day after that on which the Protocol in force expired; whereas that Agreement should be approved pending a final decision to be adopted in accordance with Article 43 of the Treaty;

Whereas the fishing possibilities should be apportioned among the Member States on the basis of the traditional allocation of fishing possibilities under the Fisheries Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing the fishing rights and financial contribution provided for in the Agreement between the European Community and the Republic of the Côte d'Ivoire on fishing off the coast of the Côte d'Ivoire for the period 1 July 1997 to 30 June 2000 is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The fishing possibilities established in the Protocol shall be apportioned among the Member States as follows:

(a) freezer trawlers fishing demersal species:

Spain: 3 vessels

(b) tuna-fishing vessels:

France: 25 vessels

Spain: 30 vessels

Portugal: 5 vessels.

If the fishing opportunities laid down in the Protocol are not used up by licence applications from those Member States, the Commission may consider licence applications from any other Member State.

Article 3

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 L 379, 31. 12. 1990, p. 3.

AGREEMENT in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing the fishing rights and financial contribution provided for in the Agreement between the European Community and the Republic of the Côte d'Ivoire on fishing off the coast of the Côte d'Ivoire for the period 1 July 1997 to 30 June 2000

A. Letter from the Government of the Côte d'Ivoire

Sir,

With reference to the Protocol initialled on 30 June 1997 establishing the fishing rights and financial contribution for the period 1 July 1997 to 30 June 2000, I have the honour to inform you that the Government of the Côte d'Ivoire is willing to apply the Protocol provisionally, with effect from 1 July 1997, pending its entry into force in accordance with Article 8 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 compensation laid down by Article 3 of the Protocol, must be paid before 31 December 1997.

I should be grateful if you would confirm the Community's agreement to such provisional application.

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

For the Government of the Côte d'Ivoire

B. Letter from the European 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 30 June 1997 establishing the fishing rights and financial contribution for the period 1 July 1997 to 30 June 2000, I have the honour to inform you that the Government of the Côte d'Ivoire is willing to apply the Protocol provisionally, with effect from 1 July 1997, pending its entry into force in accordance with Article 8 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 compensation laid down by Article 3 of the Protocol, must be paid before 31 December 1997.

I should be grateful if you would confirm the Community's agreement to such provisional application.`

I have the honour to confirm the Community's agreement to such provisional application.

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

On behalf of the Council of the European Union