Proposal for a Council Decision on conclusion of the agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing, for the period from 1 May 1997 to 30 April 2001, the fishing rights and financial compensation provided for in the Agreement between the European Community and the Government of the Republic of Senegal on fishing off the coast of Senegal (97/C 267/03) (Text with EEA relevance) COM(97) 324 final - 97/0179 (CNS)

(submitted by the Commission on 26 June 1997)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Agreement between the European Economic Community and the Senegalese Government on fishing off the coast of Senegal (1), and in particular Article 17 thereof,

Having regard to the proposal from the Commission,

Whereas the Community and Senegal conducted negotiations to determine the amendments or additions to be made to the Agreement at the end of the period of application of the Protocol;

Whereas, as a result of these negotiations, a new Protocol was initialled on 26 March 1997;

Whereas the Protocol enables Community vessels to fish in the waters under the sovereignty or jurisdiction of Senegal for the period from 1 May 1997 to 30 April 2001;

Whereas the new Protocol must come into force as soon as possible to enable Community vessels to resume fishing; whereas both parties therefore initialled an Agreement in the form of an exchange of letters, temporarily applying the Protocol from 1 May 1997; whereas the Agreement in the form of an exchange of letters needs to be concluded, subject to a final decision under Article 43 of the Treaty;

Whereas the formula for apportioning trawler and tuna fishing opportunities between the Member States should be established, on the basis of the traditional allocation under the fisheries agreement;

Whereas point C of Annex 1 requires Community shipowners to land tuna catches in Senegal at their own expense; whereas this requirement needs to be clarified by setting a formula for apportioning direct landings by freezer tuna seiners,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an exchange of letters concerning the provisional application of the Protocol establishing, for the period from 1 May 1997 to 30 April 2001, the fishing rights and financial compensation provided for by the Agreement between the European Community and the Government of the Republic of Senegal on fishing off the coast of Senegal is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The trawler and tuna fishing rights laid down in Article 1 of the Protocol shall be apportioned between the Member States as follows:

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Article 3

The percentage of the catch that the owners of Community tuna seiners are required to land direct in accordance with point C of the Annex to the Protocol shall be as follows:

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Article 4

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 226, 29. 8. 1980, p. 7.

AGREEMENT in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing, for the period from 1 May 1997 to 30 April 2001, the fishing rights and financial compensation provided for in the agreement between the European Community and the Government of the Republic of Senegal on fishing off the coast of Senegal

A. Letter from the Government of Senegal

Sirs,

With reference to the Protocol initialled on 26 March 1997 establishing fishing rights and financial compensation for the period from 1 May 1997 to 30 April 2001, I have the honour to inform you that the Government of Senegal is prepared to apply the Protocol on a provisional basis with effect from 1 May 1997, pending its entry into force in accordance with Article 8 of the said Protocol, provided that the European Community is disposed to do the same.

This is on the understanding that a first instalment equal to 25 % of the financial compensation specified in Article 3 of the Protocol is paid by 31 July 1997.

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

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

For the Government of the Republic of Senegal

B. Letter from the Community

Sirs,

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 26 March 1997 establishing fishing rights and financial compensation for the period from 1 May 1997 to 30 April 2001, I have the honour to inform you that the Government of Senegal is prepared to apply the Protocol on a provisional basis with effect from 1 May 1997, pending its entry into force in accordance with Article 8 of the said Protocol, provided that the European Community is disposed to do the same.

This is on the understanding that a first instalment equal to 25 % of the financial compensation specified in Article 3 of the Protocol is paid by 31 July 1997.

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, Sirs, the assurance of my highest consideration.

On behalf of the Council of the European Union