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 setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast for the period 1 January 2000 to 31 December 2001

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Protocol to the Fisheries Agreement between the European Community and the Republic of Guinea expired on 31 December 1999. A new Protocol setting out the technical and financial conditions governing the fishing activities of Community vessels in the waters of the Republic of Guinea during the period 1 January 2000 to 31 December 2001 was initialled by both parties on 17 December 1999 .

The Commission proposes, on this basis, 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 on the conclusion of the new Protocol by Regulation is the subject of a separate procedure.

2000/0129 (ACC)

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 setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast for the period 1 January 2000 to 31 December 2001

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,

Whereas:

(1) Pursuant to the second paragraph of Article 15 of the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast [1], the Community and the Republic of Guinea have conducted negotiations to determine any amendments or additions to be made to the Agreement at the end of the period of application of the Protocol annexed thereto.

[1] OJ L 111, 27.4.1983, p. 1.

(2) As a result of those negotiations, a new Protocol was initialled on 17 December 1999 .

(3) Under that Protocol, Community fishermen have fishing rights in the waters under the sovereignty or jurisdiction of the Republic of Guinea for the period 1 January 2000 to 31 December 2001.

(4) In order to avoid any interruption in the fishing activities of Community vessels, it is essential that the new Protocol be applied as quickly as possible. For this reason, 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 following the date of expiry of the current Protocol. The Agreement in the form of an Exchange of Letters should be approved, pending a definitive decision under Article 37 of the Treaty.

(5) The method of allocating the fishing rights among the Member States should be defined on the basis of the traditional allocation of fishing rights 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 setting out the fishing rights and financial contribution provided for in the Agreement between the European Community and the Government of the Republic of Guinea on fishing off the Guinean coast for the period 1 January 2000 to 31 December 2001 is hereby approved on behalf of the Community.

The texts of the Agreement in the form of an exchange of letters and of the Protocol are attached to this Decision.

Article 2

The fishing rights set out in the Protocol shall be allocated among the Member States as follows:

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If licence applications from those Member States do not exhaust the fishing rights set out in the Protocol, the Commission may consider licence applications from any other Member State.

Article 3

The President of the Council is hereby authorised 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

PROTOCOL setting out the fishing rights and financial contribution provided for in the Agreement between the European Economic Community and the and the Government of the Republic of Guinea on fishing off the coast of Guinea for the period 1 January 2000 to 31 December 2001

Article 1

For a period of two years from 1 January 2000, the fishing rights granted under Article 2 of the Agreement shall be as follows:

1) (a) fin-fish and cephalopod trawlers: an annual average of 2 500 gross registered tonnes (GRT) per month;

2) (b) shrimp trawlers: an annual average of 1 500 GRT per month;

3) freezer tuna seiners: 38 vessels;

4) pole-and-line tuna vessels: 14 vessels;

5) surface longliners: 16 vessels.

Where appropriate and where the state of resources allows, the Joint Committee provided for in Article 10 of the Agreement shall consider introducing new categories of fish and shall lay down the technical and financial conditions under which they can be fished by Community vessels.

Article 2

(1) The financial contribution referred to in Article 8 of the Agreement for the fishing rights fixed in Article 1 shall be EUR 2 960 000 per year (EUR 1 600 000 as financial compensation and EUR 1 360 000 for the measures provided for in Article 4 of this Protocol). The financial compensation shall be payable by 30 June each year at the latest.

(2) The Government of the Republic of Guinea shall have full discretion regarding the use to which the financial compensation is put.

(3) The compensation shall be paid into an account specified by the Government of the Republic of Guinea and opened with the Public Treasury.

Article 3

If the fishing rights referred to in Article 1(1) or (2) are exhausted, the Community may request that they be increased by successive instalments of an annual average of 1 000 GRT per month. In such cases, the financial contribution referred to in Article 2 shall be increased proportionately, pro rata temporis.

Article 4

The measures set out below shall be financed from the overall financial contribution provided for in Article 2(1), to the amount of EUR 1 360 000 in the first year and EUR 1 360 000 in the second year, broken down as follows:

(1) scientific and technical programmes to improve knowledge of fishery and biological resources in the Republic of Guinea's fishing zone: EUR 400 000;

(2) support for fisheries surveillance bodies: EUR 800 000;

(3) aid for non-industrial fishing: EUR 300 000;

(4) institutional aid for the Fisheries Ministry: EUR 520 000;

(5) awards for study, practical training and seminars in the various scientific, technical and economic disciplines relating to fisheries: EUR 300 000;

(6) the Republic of Guinea's contributions to international fisheries organisations: EUR 100 000;

(7) costs of Guinean delegates' participation in international meetings on fisheries: EUR 300 000.

The measures and the annual amounts allocated thereto shall be decided on by the Fisheries Ministry, which shall inform the Commission thereof.

The annual amounts shall be made available to the bodies concerned not later than 30 June in the first year and 2 January in the second year and paid into the bank accounts specified by the Fisheries Ministry according to the schedule for their use. The Government of the Republic of Guinea shall provide the bank account numbers to be used for such payments.

Before the anniversary date of the Protocol each year, the Fisheries Ministry shall forward a detailed report to the Delegation of the European Commission on the implementation of the measures and the results obtained. The Commission reserves the right to ask the Fisheries Ministry for any additional information on the results and to reconsider the payments concerned should the measures not be implemented.

Article 5

Should the Community fail to make the payments provided for in Articles 2 and 4, the application of this Protocol may be suspended.

Article 6

The Republic of Guinea shall undertake to implement a plan to reduce its overall fishing effort.

The Community, aware that the Republic of Guinea needs to reduce the overall fishing effort of all parties fishing in its waters, shall undertake to pay, at the end of each year of the Protocol, a financial contribution to the costs incurred in the management and monitoring required to implement that reduction, provided the conditions agreed on jointly are met. That financial contribution shall not exceed EUR 370 000 per year. The contribution will be paid into an account to be specified by the Fisheries Ministry of the Republic of Guinea.

Article 7

The Annex to the Agreement between the Government of the Republic of Guinea and the European Community on fishing off the Guinean coast is hereby repealed and replaced by the Annex hereto.

Article 8

This Protocol shall enter into force on the date of its signing.

It shall apply from 1 January 2000.

ANNEX

Agreement in the form of an exchange of letters concerning the provisional application of 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 Republic of Guinea on fishing off the Guinean coast for the period 1 January 2000 to 31 December 2001

A. Letter from the Government of the Republic of Guinea

Sir,

With reference to the Protocol, initialled on 17 December 1999, setting out the fishing rights and financial contribution for the period 1 January 2000 to 31 December 2001, I have the honour to inform you that the Government of the Republic of Guinea is ready to apply that Protocol on a provisional basis from 1 January 2000, pending the entry into force of the Protocol in accordance with Article 16 of the Fisheries Agreement, provided that the European Community is prepared to do the same.

This is on the understanding that the first instalment of the financial compensation specified in Article 2 of the Protocol is paid by 30 June 2000.

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

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

For the Government of the Republic of Guinea

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 17 December 1999, setting out the fishing rights and financial contribution for the period 1 January 2000 to 31 December 2001, I have the honour to inform you that the Government of the Republic of Guinea is ready to apply that Protocol on a provisional basis from 1 January 2000, pending the entry into force of the Protocol in accordance with Article 16 of the Fisheries Agreement, provided that the European Community is prepared to do the same.

This is on the understanding that the first instalment of the financial compensation specified in Article 2 of the Protocol is paid by 30 June 2000.

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

I have the honour to confirm the European 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