Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters on the provisional application of the Protocol defining, for the period 3 December 1999 to 2 December 2002, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of Mauritius on fishing in the waters of Mauritius

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Protocol annexed to the fisheries agreement between the European Community and Mauritius expired on 30 November 1999. A new Protocol was initialled by the two parties on 3 December 1999 establishing the technical and financial conditions under which Community fishing vessels can fish in Mauritius waters in the period 3 December 1999 to 2 December 2002.

The Commission is accordingly proposing that the Council adopt by Decision the draft Agreement in the form of an exchange of letters concerning the provisional application of the new Protocol, pending its definitive entry into force.

A proposal for a Council Regulation concerning the conclusion of the new Protocol is subject to a separate procedure.

Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters on the provisional application of the Protocol defining, for the period 3 December 1999 to 2 December 2002, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of Mauritius on fishing in the waters of Mauritius

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 300 (2) thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C, , p..

Whereas:

(1) The Community and Mauritius held negotiations to determine the amendments or additions to be made to the Agreement on fishing off Mauritius at the end of the period of application of the Protocol;

(2) As a result of these negotiations, a new Protocol was initialled on 3 December 1999;

(3) Under this Protocol, Community fishermen enjoy fishing opportunities in the waters falling within the sovereignty or jurisdiction of Mauritius for the period 3 December 1999 to 2 December 2002;

(4) In order to resume the fishing activities by Community vessels, it is essential that the Protocol in question be approved as quickly as possible; 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 of its initialling; the Agreement in the form of an exchange of letters should be concluded, subject to a definitive decision under Article 37 of the Treaty;

(5) The method for allocating the fishing opportunities among Member States should be defined on the basis of the traditional allocation of fishing opportunities under the Fisheries Agreement,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an exchange of letters on the provisional application of the Protocol defining, for the period 3 December 1999 to 2 December 2002, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of Mauritius on fishing in the waters of Mauritius is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

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

- Tuna seiners: France 20, Spain 20, Italy 2, United Kingdom 1;

- Surface long-liners: Spain 19, France 13, Portugal 8;

- Vessels fishing by line: France 25 grt/month on an annual average.

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 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.

Done at Brussels,

For the Council

The President

ANNEX

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS ON THE PROVISIONAL APPLICATION OF THE PROTOCOL DEFINING, FOR THE PERIOD 3 DECEMBER 1999 TO 2 DECEMBER 2002, THE FISHING OPPORTUNITIES AND THE FINANCIAL CONTRIBUTION PROVIDED FOR BY THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND THE GOVERNMENT OF MAURITIUS ON FISHING IN THE WATERS OF MAURITIUS

A. LETTER FROM THE GOVERNMENT OF MAURITIUS

Sir,

With reference to the Protocol, initialled on 3 December 1999, defining the fishing opportunities and the financial contribution for the period 3 December 1999 to 2 December 2002, I have the honour to inform you that the Government of Mauritius is willing to apply the Protocol provisionally from 3 December 1999 pending its entry into force in accordance with Article 6 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 2 of the Protocol, must be paid before 2 June 2000.

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 Mauritius

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 3 December 1999, defining the fishing opportunities and the financial contribution for the period 3 December 1999 to 2 December 2002, I have the honour to inform you that the Government of Mauritius is willing to apply the Protocol provisionally from 3 December 1999 pending its entry into force in accordance with Article 6 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 2 of the Protocol, must be paid before 2 June 2000.

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

I am pleased to confirm the agreement of the European Community to a provisional application.

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

For the Council of the European Union