COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(91)357 final 
Brussels, 4 October 1991 
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 Ccranunity and the Government of the 
Islamic Federal Republic of the Oomoros on fishing off the Oomoros for the 
period from 20 July 1991 to 19 July 1994. 
Proposal for a 
COUNCIL REGULATION fCFn 
relating to the conclusion of the Protocol setting out the fishing 
opportunities and financial compensation provided for in the Agreement 
between the European Economic Coranunity and the Government of the Islamic 
Federal Republic of the Comoros on fishing off the Comoros for the period 
from 20 July 1991 to 19 July 1994 
(presenttd by the Comalision) 

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EXPLANATORY MEMORANDUM 
Ihe Protocol to the Agreement on fishing between the European Economic 
Community and the Government of the Islamic Federal Republic of the 
Comoros, signed on 20 July 1988, expired on 19 July 1991. 
In accordance with Article 12 of the Agreement, the two parties held 
negotiations in Moroni on 15 and 16 July 1991 with a view to revising the 
Protocol to the Agreement. A new Protocol defining the fishing 
opportunities and financial compensation for the period from 20 July 1991 
to 19 July 1994 was initialled on 16 July 1991. In order to avoid an 
interruption of fishing activities by Community vessels, an exchange of 
letters on the provisional application of the new Protocol from 
20 July 1991 was also initialled. 
The Protocol provides for fishing opportunities for 42 ocean-going freezer 
tuna vessels for a period of 3 years between 20 July 1991 and 19 July 1994, 
The number of Community ocean-going freezer tuna vessels has thus been 
increased by 2 as compared with the previous Protocol. 
The financial compensation payable by the Community remains unaltered 
compared with the previous Protocol and thus amounts to ECU 300 000 par 
year on the basis of annual catches of 6 000 t of tuna. In excess of that 
tonnage, each tonne caught gives rise to the payment of an additional 
ECU 50. 
The Community will also contribute ECU 325 000 over 3 years to finance 
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Comorian scientific or technical programmes to improve knowledge of fishery 
resources in Comorian waters. 
Lastly, the contribution to the training and bursary programme in the 
fishery sector amounts to ECU 175 000. This sum will also cover the costs 
of attendance by Comorian representatives at international meetings on 
fishing. 
Furthermore, shipowners1 fees have been set at ECU 20 per tonne for tuna 
fishing. 
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On the basis of the foregoing, the Commission proposes that the Council 
should as soon as possible: 
1. Adopt the attached 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 Islamic Federal Republic of the 
Comoros for the period from 20 July 1991 to 19 July 1994; 
2. Adopt the attached Regulation relating to the conclusion of the Protocol 
setting out the fishing opportunities and financial compensation 
provided for under the Agreement between the European Economic Community 
and the Government of the Islamic Federal Republic of the Comoros far 
the period from 20 July 1991 to 19 July 1994. 
Proposal for a Council Decision 
mrs 'the conclusion of the Agreement in 13'- &>rvi -C zi>~: - - • - r <.-.•*-
con^.3LvJi',g the provisional appiicatiL . '), :hz F ct. cc". L ;. ;\ . '~* . 
ii^i.-^i .i^p'jrtariit.^- ciid f.' -'arir^cL1 -.aitr' "a, 'OA }...- v.* s. 
I gr,3£.. '.-. ..-c eei; '»"" -o\c; 1 zi~:*-j:,'"< -', """u -ya^ a« i ../. ." ?' ;*" 
liila:^.'- xc^jia^ R c-L „JU of Jie C-..*? "cr- .'"« _~Liii>g of? 1:" .» ' ^y- ' 
period from ?••: ~,....7.y J.991 to 19 July 1994. 
Itie Council of the £. «„.r :n QcMcurdties, 
Having regard to the Tree'.. establishing the European ^ccsnomic Cc-v/itLriity, 
Having regard to the Agre&Kvut between the European Economic (^Bira^iity ar^ 
the GO'/erninent of the Islamic Federal Republic of the Comoros on fishing 
off the Comoros1, signed in Brussels on 20 July 1988, 
Having regard to the proposal from the Commission2, 
Whereas the Community and the Islamic Federal Republic of the Comoros have 
held negotiations with a view to determining amendments or additions to be 
made to the Agreement on fishing off the Comoros at the end of the period 
of application of the first Protocol; 
Whereas, as a result of those negotiations, a new Protocol was initialled 
on 16 July 1991; 
Whereas, under that Protocol, Community fishermen enjoy fishing 
opr :;':'mitiG ^ n the waters falling wi;'in the sovereignty or jurisdiction 
of lh ;!<• Fedc:.. i Republic of the Comoros for the period from 
20 July 1991 to 19 July 1994; 
vftiereas, in order to avoid interruption of fishing activities by Community 
vessels, it is essential that the Protocol be approved as quickly as 
possible; whereas 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 following the date of 
expiry of the Protocol previously in force; whereas the Agreement in the 
form of an exchange of letters should be concluded subject to a definitive 
decision under Article 43 of the Treaty, 
1 QJ No L 137, 2.6.1988, p.18, 
2 
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HAS DECIDED AS FOLLOWS: 
Article 1 
The Agreement in the form of an exchange of letters c»ncerning 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 Islamic 
Federal Republic of the Comoros on fishing off the Comoros for the period 
from 20 July 1991 to 19 July 1994 is hereby approved on behalf of the 
Community. 
The text of the Agreement is attached to this Decision. 
Article 2 
Ihe 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, 1991 
For the Council 
The President 
f-
DRAFT 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 Islamic Federal Republic of the Comoros on fishing 
off the Comoros far the period from 20 July 1991 to 19 July 1994 
A. Letter from the Government of the Oomoros, 
Sir, 
With reference to the Protocol initialled on 16 July 1991 setting out the 
fishing opportunities and financial contribution for the period from 
20 July 1991 to 19 July 1994, I have the honour to inform you that the 
Government of the Comoros is prepared to apply the Protocol provisionally 
from 20 July 1991 pending its entry into force in accordance with 
Article 6, provided that the European Economic Community is prepared to do 
the same. 
It is understood that in this case a first instalment equal to one third of 
the financial compensation stipulated in Article 2 of the Protocol must be 
paid before 30 November 1991. 
I should be obliged if you would confirm that the European Economic 
Community is in agreement with such provisional application. 
Please accept, Sir, the assurance of my highest consideration. 
e-
For the Government of the Islamic Federal Republic of the Comoros. 
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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 16 July 1991 setting out the 
fishing opportunities and financial contribution for the period from 
20 July 1991 to 19 July 1994, I have the honour to inform you that the 
Government of the Comoros is prepared to apply the Protocol provisionally 
from 20 July 1991 pending its entry into force in accordance with 
Article 6, provided that the European Economic C3ommunity is prepared to do 
the same. 
It is understood that in this case a first instalment equal to one third of 
the financial compensation stipulated in Article 2 of the Protocol must be 
paid before 30 November 1991. 
I should be obliged if you would confirm that the European Economic 
Community is in agreement with such provisional application." 
Please accept, Sir, the assurance of my highest consideration. 
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On behalf of the Government of the Islamic Federal Republic of the Comoros. 
-H-
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 16 July 1991 setting out the 
fishing opportunities and financial contribution for the period from 
20 July 1991 to 19 July 1994, I have the honour to inform you that the 
Government of the Comoros is prepared to apply the Protocol provisionally 
from 20 July 1991 pending its entry into force in accordance with 
Article 6, provided that the European Economic Community is prepared to do 
the same. 
It is understood that in this case a first instalment equal to one third of 
the financial compensation stipulated in Article 2 of the Protocol most be 
paid before 30 November 1991. 
I should be obliged if you would confirm that the European Economic 
Community is in agreement with such provisional application." 
I have the honour to confirm the agreement of the European Economic 
Community to this provisional application. 
Please accept, Sir, the assurance of my highest consideration. 
On behalf of the Council of the European Communities 
PROPOSAL 
FOR 
COUNCIL REGULATION (EEC) N° 
relating to the conclusion of the Protocol setting out the fishing 
opportunities and financial compensation provided for in the Agreement 
between the European Economic (Community and the Government of the Islamic 
Federal Republic of the Comoros on fishing off the Comoros for the period 
from 20 July 1991 to 19 July 1994 
THE COUNCIL OF IHE EUROPEAN CXXMINITTES, 
Having regard to the Treaty establishing the European Economic Community, 
and in particular Article 43 thereof, 
Having regard to the proposal from the Commission1, 
Having regard to the opinion of the European Parliament2, 
Whereas, in accordance with the Agreement between the European Economic 
(Community and the Government of the Islamic Federal Republic of the Comoros 
on fishing off the Comoros signed in Brussels on 20 July 19883, the two 
parties held negotiations with a view to determining amendments or 
additions to be made to the Agreement at the end of the period of 
application of the first Protocol; 
Whereas, as a result of those negotiations, a new Protocol defining the 
fishing rights and financial compensation provided for in the 
abovementioned Agreement for the period from 20 July 1991 to 19 July 1994 
was initialled on 16 July 1991; 
-M-
Whereas it is in the Community's interest to approve that Protocol, 
HAS ADOPTED THIS REGULATION: 
1 OJ No L , 
2 QJ No L 
3 OJ No L 137, 2.6.1988, p. 18. 
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PROTOCOL 
setting out the fishing opportunities and financial contribution provided 
for in the Agreement between the European Economic Community and the 
Islamic Federal Republic of the Comoros on fishing off the Comoros for the 
period from 20 July 1991 to 19 July 1994. 
THE CONIRACTING PARTIES, 
Having regard to the Agreement between the European Economic Community and 
the Islamic Federal Republic of the Comoros on fishing off the Comoros, 
signed on 20 July 1988, 
HAVE AGREED AS FOLLOWS: 
Article 1 
1. Pursuant to Article 2 of the Agreement, licenses authorizing 
simultaneous fishing in Comorian waters shall be granted to forty-two 
ocean-going freezer tuna vessels for a period of three years beginning on 
20 July 1991. 
2. In addition, at the request of the C3ommunity, certain authorizations may 
be granted to other categories of fishing vessel under terms to be defined 
by the Joint Committee referred to in Article 7 of the Agreement. 
Article 2 
1. The financial contribution referred to in Article 6 of the Agreement 
shall be fixed at ECU 900 000 for the period provided for in Article 1 of 
this Protocol, payable in three equal annual instalments. That amount 
• ô -' 
Sii3ll c. vo. c-i annual catch of 6 000 tonnes of tuna in Ccraorian waters. If 
the t..ma caught by Community vessels in Comorian waters exceeds that 
weight, the abovementioned amount shall be increased proportionately. 
M. The purpose to which the compensation is to be put shall fall within the 
exclusive competence of the Government of the Islamic Federal Republic of 
the Comoros. 
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Article 1 
The Protocol setting out the fishing rights and financial compensation 
provided for in the Agreement between the European Economic Community and 
the Government of the Islamic Federal Republic of the Comoros on fishing 
off the Comoros for the period from 20 July 1991 to 19 July 1994 is hereby 
approved on behalf of the Community. 
Ihe text of the Protocol is attached hereto. 
Article 2 
The President of the Council is hereby authorized to designate the persons 
empowered to sign the Protocol in order to bind the Community. 
Article 3 
This Regulation shall be binding in its entirety and directly applicable in 
all Member States. 
Done at Brussels, 1991 
For the Council 
The President 
shall cover an annual catch of 6 000 tonnes of tuna in Comorian waters. If 
the tuna caught by CJommunity vessels in Comorian waters exceeds that 
weight, the abovementioned amount shall be increased proportionately. 
2. The purpose to which the compensation is to be put shall fall within the 
exclusive competence of the Government of the Islamic Federal Republic of 
the Oomoros. 
A8-
Article 3 
1. The Community shall also contribute during the period referred to in 
Article 1 to the financing of Comorian scientific or technical programmes 
(eqipment, infrastructure, reinforcement of administrative or training 
structures in the fishing sector, etc.) designed to improve knowledge of 
fishery resources in Comorian waters. 
2. That contribution shall be ECU 325 000 for the duration of this 
Protocol. 
3. The Comorian authorities shall forward a brief report on the way that 
amount is used to the Commission staff. 
4. The Community's contribution to the scientific or technical programmes 
shall be paid to an account indicated on each occasion by the Ministry of 
Production, Rural Development, Industry and the Environment. 
Article 4 
1. The Contracting Parties hereby agree that improving the skills and 
knowledge of those concerned with sea fishing is essential to the success 
of their cooperation. To that end the Community shall facilitate the entry 
of Comorian nationals to educational establishments in its Member States 
and for that purpose shall make available to them grants for study or 
practical training courses lasting a maximum of five years in the various 
scientific, technical and economic fields linked to fishing. The total 
cost of such grants may not exceed ECU 175 000. The grants may also be 
used in any country linked to the Community by a cooperation agreement. 
'• ^: • .-;, v . ' -je-.;-, not; ÇSYCJF>ÇH\ FTTT RS Cinn rtvnr 
be used, at the request of the Comorian authorities, to cover the costs of 
participation in international meetings relating to fishing. 
3. The amount referred to in paragraph 1 shall be payable as it is used. 
Artcle 5 
Should the Community fail to make the payments provided for in Articles 2 
and 3 of this Protocol, the fishing Agreement may be suspended. 
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Article 6 
The Protocol to the Agreement between the European Economic Community and 
the Islamic Federal Republic of the Comoros on fishing off the Oomoros is 
hereby repealed and replaced by this Protocol. 
Article 7 
lhis Protocol shall enter into force on the date of its signature. 
It shall apply from 20 July 1991. 
ZA-
Fiche Financière 
1. 8U0GET HEACING : 420 
2. Il ILE New EEC/COMurtOS FIÎMANCIAL PROTOC0L 
3. LCCAL BASIS : 
EEC/COMOROS AGREEMENT ON FISHING OFF THE COMOROS 
4 . A IMS 
PROTOCOL FOR A PERIOD OF 1 YEAR: 
- financial compensation 
- scientific programme - study programme 
FINANCIAL IMPLICATIONS 
C EXPENDITURE 
- CHARGED TO THE EC 8U0GET 
(REFUNDS/INTERVENTIONS) 
- NATIONAL AUTHORITIES 
- OTHER NATIONAL SOURCES 
.\ REVENUE 
- OWN RESOURCES OF THE EC 
(LEVIES/CUSTOM DUTIES) 
- NATIONAL 
O.I UULTiANNUAL TIMETABLE 
OF EXPENDITURE Our log th« fI thing CURRENT FINANCIAL YEAR 
( 1991 ) 
466.666 ECU 
YEAR, 1991 
466.666 ECU FOLLOWINC FINANCIAL YEAR 
t 1992 ) 
466.666 ECU 
YEAR .1.992. 
466.666 ECU 
5.2 METHOD OF CALCULATION 
• - Financial contribution 
- Scientific programme 
- Study grants 
Financial compensation 300.000 ECU 
108.333 ECU 
58.333 ECU 
466.666 ECU 
6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDCET ? 
YEStfXft 
6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUOGET ? 
X)É)s/NC 
6.2 WILL A SUPPLEMENTARY BUDCET BE NECESSARY ? 
JO» /NO 
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY 1 
YES/XX5X 
ISSN 0254-1475 
COM(91) 357 final 
DOCUMENTS 
EN- 03 
Catalogue number : CB-CO-91-416-EN-C 
ISBN 92-77-75942-9 
Office for Officiai Publications of the European Communities 
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