Proposal for a Council Decision on the conclusion of two agreements in the form of exchanges of letters concerning the extension of the protocol establishing the fishing opportunities and financial compensation provided for in the agreement between the European Economic Community and the government of the Republic of Senegal on fishing off the coast of Senegal for the periods 1 May 2001 to 31 July 2001 and 1 August 2001 to 31 December 2001

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Protocol to the Fisheries Agreement between the Community and the Republic of Senegal expired on 30 April 2001. Pending the conclusion of the negotiations on the amendments to be made to the Protocol to the Fisheries Agreement, the two parties have decided to extend the expired Protocol for two consecutive periods of three and five months. These two extensions of the Protocol, setting out the technical and financial conditions governing the fishing activities of Community vessels off the coast of Senegal during the periods 1 May to 31 July 2001 and 1 August to 31 December 2001, were initialled by both parties on 23 April and 1 June 2001.

The Commission proposes, on this basis, that the Council adopt the draft extensions by decision, pending their definitive entry into force.

A proposal for a Council Regulation on the two periods of extension of the Protocol is the subject of a separate procedure.

Proposal for a Council Decision on the conclusion of two agreements in the form of exchanges of letters concerning the extension of the protocol establishing the fishing opportunities and financial compensation provided for in the agreement between the European Economic Community and the government of the Republic of Senegal on fishing off the coast of Senegal for the periods 1 May 2001 to 31 July 2001 and 1 August 2001 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 [1],

[1] OJ C....., ....., p.

Whereas:

(1) The European Community and the Republic of Senegal have entered into negotiations to determine the amendments or additions to be made to the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal at the end of the period of application of the Protocol thereto.

(2) During the negotiations, the two Parties decided to extend the current Protocol for two consecutive periods of three months and five months by means of exchanges of letters initialled on 23 April 2001 and 1 June 2001, pending the conclusion of the negotiations on the amendments to be made to the Protocol.

(3) The exchanges of letters provide Community fishermen with fishing opportunities from 1 May 2001 to 31 July 2001 and from 1 August 2001 to 31 December 2001 in waters over which the Republic of Senegal has sovereignty or jurisdiction.

(4) The extension must be applied at the earliest opportunity if fishing activities by Community vessels are not to be interrupted. The Agreements in the form of exchanges of letters should be concluded pending a definitive decision under Article 37 of the Treaty.

(5) The method of allocating the fishing opportunities for trawlers and tuna vessels among the Member States under the expired Protocol and the method of allocating the obligation on Community shipowners to land tuna directly in Senegal, provided for in point C of Annex I to the Protocol, should be confirmed,

HAS DECIDED AS FOLLOWS:

Article 1

The European Community shall sign the two Agreements in the form of exchanges of letters concerning the extension of the Protocol establishing the fishing opportunities and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal for the periods 1 May 2001 to 31 July 2001 and 1 August 2001 to 31 December 2001.

The texts of the two Agreements are annexed to this Decision.

Article 2

The two Agreements referred to in Article 1 shall be provisionally applicable by the European Community from 1 May 2001.

Article 3

The fishing opportunities for trawlers and tuna vessels established pro rata temporis by Article 1 shall be allocated among the Member States as follows:

>TABLE POSITION>

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 4

The percentage of the catch that owners of Community tuna seiners are obliged to land directly in accordance with point C of the Annex to the Protocol establishing the fishing opportunities and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal for the periods 1 May 2001 to 31 July 2001 and 1 August 2001 to 31 December 2001 shall be pro rata temporis as follows:

vessels flying the French flag: 44%

vessels flying the Spanish flag: 56%.

Article 5

The President of the Council is hereby authorised to designate the persons empowered to sign the two Agreements in the form of exchanges of letters in order to bind the Community.

Done at ...................,

For the Council

The President

FIRST AGREEMENT

in the form of an exchange of letters on the extension of the Protocol establishing the fishing opportunities and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal for the period from 1 May 2001 to 31 July 2001

A. Letter from the Community

Sirs,

I have the honour to confirm that we agree to the following interim arrangements for the extension of the Fisheries Agreement between the Government of the Republic of Senegal and the European Economic Community, pending the conclusion of the negotiations on the amendments to be made to the Protocol to the Fisheries Agreement:

1. The arrangements applicable over the last four years shall be extended for a period from 1 May 2001 to 31 July 2001. The Community's financial contribution under the interim arrangements shall correspond pro rata temporis to that provided for in Article 3 of the Protocol currently in force. The first payment shall be made no later than 31 October 2001.

2. During the interim period, licences shall be issued within the limits laid down in Articles 1 and 2 of the current Protocol on payment of fees or advances corresponding pro rata temporis to those laid down in point A of Annex I and point A of Annex II to the Protocol.

I should be obliged if you would acknowledge receipt of this letter and confirm that you are in agreement with its contents.

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

On behalf of the Council of the European Union

B. Letter from the Government of the Republic of Senegal

Sirs,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

"I have the honour to confirm that we agree to the following interim arrangements for the extension of the Fisheries Agreement between the Government of the Republic of Senegal and the European Economic Community, pending the conclusion of the negotiations on the amendments to be made to the Protocol to the Fisheries Agreement:

1. The arrangements applicable over the last four years shall be extended for a period from 1 May 2001 to 31 July 2001. The Community's financial contribution under the interim arrangements shall correspond pro rata temporis to that provided for in Article 3 of the Protocol currently in force. The first payment shall be made no later than 31 October 2001.

2. During the interim period, licences shall be issued within the limits laid down in Articles 1 and 2 of the current Protocol on payment of fees or advances corresponding pro rata temporis to those laid down in point A of Annex I and point A of Annex II to the Protocol.

I should be obliged if you would acknowledge receipt of this letter and confirm that you are in agreement with its contents."

I have the honour to confirm that the above is acceptable to the Government of the Republic of Senegal and that your letter and this letter constitute an agreement in accordance with your proposal.

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

For the Government of the Republic of Senegal

SECOND AGREEMENT

in the form of an exchange of letters on the extension of the Protocol establishing the fishing opportunities and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal for the period from 1 August 2001 to 31 December 2001

A. Letter from the Community

Sirs,

I have the honour to confirm that we agree to the following interim arrangements for the extension of the Fisheries Agreement between the Government of the Republic of Senegal and the European Economic Community, pending the conclusion of the negotiations on the amendments to be made to the Protocol to the Fisheries Agreement:

1) The arrangements applicable over the last four years shall be extended for a period from 1 August 2001 to 31 December 2001. The Community's financial contribution under the interim arrangements shall correspond pro rata temporis to that provided for in Article 3 of the Protocol currently in force. The first payment shall be made no later than 31 December 2001.

2) During the interim period, licences shall be issued within the limits laid down in Articles 1 and 2 of the current Protocol on payment of fees or advances corresponding pro rata temporis to those laid down in point A of Annex I and point A of Annex II to the Protocol.

I should be obliged if you would acknowledge receipt of this letter and confirm that you are in agreement with its contents.

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

On behalf of the Council of the European Union

B. Letter from the Government of the Republic of Senegal

Sirs,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

"I have the honour to confirm that we agree to the following interim arrangements for the extension of the Fisheries Agreement between the Government of the Republic of Senegal and the European Economic Community, pending the conclusion of the negotiations on the amendments to be made to the Protocol to the Fisheries Agreement:

1) The arrangements applicable over the last four years shall be extended for a period from 1 August 2001 to 31 December 2001. The Community's financial contribution under the interim arrangements shall correspond pro rata temporis to that provided for in Article 3 of the Protocol currently in force. The first payment shall be made no later than 31 December 2001.

2) During the interim period, licences shall be issued within the limits laid down in Articles 1 and 2 of the current Protocol on payment of fees or advances corresponding pro rata temporis to those laid down in point A of Annex I and point A of Annex II to the Protocol.

I should be obliged if you would acknowledge receipt of this letter and confirm that you are in agreement with its contents."

I have the honour to confirm that the above is acceptable to the Government of the Republic of Senegal and that your letter and this letter constitute an agreement in accordance with your proposal.

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

For the Government of the Republic of Senegal