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Brussels, 07.12.2005

COM(2005) 631 final

Proposal for a

COUNCIL DECISION

on the signing on behalf of the European Community and provisional application of the Agreement in the form of an exchange of letters extending 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 Democratic Republic of São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe for the period from 1 June 2005 to 31 May 2006

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Protocol annexed to the fisheries agreement between the European Economic Community and the Democratic Republic of São Tomé and Príncipe expired on 31 May 2005. This proposal for a Council decision concerns the provisional application of the extension of the protocol for one more year, until 31 May 2006.

The two parties agreed at the beginning of 2005 to extend the Agreement, in particular in order to iron out certain difficulties relating to the implementation of the 2002-05 Protocol and to give the Government of the Democratic Republic of São Tomé and Príncipe more time to prepare itself as well as possible for negotiations on a future partnership agreement, and to implement the action programme to support the necessary development of the fisheries sector. The new government, which took office in March 2004, waited until the last minute to analyse the option of extending the protocol, despite numerous reminders in March, April and May 2005.

The parties have finally decided to extend the Protocol for a period of one year, from 1 June 2005 to 31 May 2006. The extension, in the form of an exchange of letters, was initialled by the two parties on 3 June 2005, and sets out the technical and financial conditions governing the fishing activities of EC vessels in the waters of São Tomé and Príncipe for the period from 1 June 2005 to 31 May 2006.

The Commission proposes, on this basis, that the Council adopt by decision the provisional application of the extension of the agreement, pending its definitive entry into force.

A proposal for a Council Regulation on the conclusion of the Agreement in the form of an exchange of letters on the extension of the Protocol is the subject of a separate procedure.

Proposal for a

COUNCIL DECISION

on the signing on behalf of the European Community and provisional application of the Agreement in the form of an exchange of letters extending 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 Democratic Republic of São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe for the period from 1 June 2005 to 31 May 2006

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],

Whereas:

(1) Under the terms of the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Príncipe on fishing off the coast of São Tomé e Príncipe[2], the contracting parties are to enter into negotiations, before the period of validity of the Protocol to the Agreement expires, to determine by mutual agreement the contents of the Protocol for the period that follows and, where applicable, the amendments or additions to be made to the Annex thereto.

(2) Pending negotiations on changes to be made to the existing Protocol approved by Regulation (EC) No 2348/2002[3], the two parties have decided to extend its validity for one year by means of an Agreement in the form of an exchange of letters.

(3) The exchange of letters provides Community fishermen with fishing opportunities in waters under the sovereignty or jurisdiction of São Tomé and Príncipe from 1 June 2005 to 31 May 2006.

(4) It is essential that the extension be applied as soon as possible in order to avoid interrupting the fishing activities of Community vessels. The Agreement in the form of an exchange of letters should therefore be signed and applied on a provisional basis pending the completion of the procedures required to conclude it.

(5) The allocation of fishing opportunities among the Member States under the expired Protocol should be confirmed,

HAS DECIDED AS FOLLOWS:

Article 1

The signature of the Agreement in the form of an exchange of letters extending 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 Democratic Republic of São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe for the period from 1 June 2005 to 31 May 2006 is hereby approved on behalf of the Community, pending the Council decision on conclusion of the Agreement.

The text of the Agreement is attached to this Decision.

Article 2

The Agreement shall apply provisionally from 1 June 2005.

Article 3

The fishing opportunities set out in the Protocol are allocated to Member States as follows:

- tuna seiners: | France: 18 Spain: 18 |

- pole-and-line tuna vessels: | Portugal: 2 |

- surface longliners: | Spain: 20 Portugal: 5 |

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 Member States whose vessels fish under this Agreement shall notify the Commission of the quantities of each stock caught within the fishing zone of São Tomé and Príncipe in accordance with Commission Regulation (EC) No 500/2001[4].

Article 5

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 on behalf of the Community subject to its conclusion.

Done at Brussels,

For the Council

The President

AGREEMENT

in the form of an exchange of letters extending the Protocol setting out, for the period 1 June 2005 to 31 May 2006, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of the Democratic Republic of São Tomé and Príncipe on fishing off the coast of São Tomé e Príncipe.

A. Letter from the Community

Sirs,

I have the honour to confirm that pending negotiations on amendments to be made to the Protocol currently in force (1 June 2002 to 31 May 2005) setting out the fishing opportunities and financial contribution provided for in the Fisheries Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Príncipe, we agree to the following interim arrangements:

1. From 1 June 2005 to 31 May 2006 the arrangements applicable over the last three years will continue in operation.

The Community's financial contribution under the interim arrangements will correspond to the yearly amount provided for in Article 2 of the Protocol currently in force (EUR 637 500). That amount is to be treated entirely as financial compensation and will be paid no later than 31 January 2006.

The Community will also provide financing of EUR 50 000 during the year for an evaluation study on deep-water crab.

2. During this period, fishing licences will be granted within the limits set in Article 1 of the Protocol currently in force, by means of fees or advances corresponding to those set in point 2 of the Annex to the Protocol.

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

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 Democratic Republic of São Tomé e Principe

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 pending negotiations on amendments to be made to the Protocol currently in force (1 June 2002 to 31 May 2005) setting out the fishing opportunities and financial contribution provided for in the Fisheries Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Príncipe, we agree to the following interim arrangements:

1. From 1 June 2005 to 31 May 2006 the arrangements applicable over the last three years will continue in operation.

The Community's financial contribution under the interim arrangements will correspond to the yearly amount provided for in Article 2 of the Protocol currently in force (EUR 637 500). That amount is to be treated entirely as financial compensation and will be paid no later than 31 January 2006.

The Community will also provide financing of EUR 50 000 during the year for an evaluation study on deep-water crab.

2. During this period, fishing licences will be granted within the limits set in Article 1 of the Protocol currently in force, by means of fees or advances corresponding to those set in point 2 of the Annex to the Protocol.”

I have the honour to confirm that the contents of your letter are acceptable to the Government of the Democratic Republic of São Tomé and Príncipe and that your letter and this one constitute an agreement in accordance with your proposal.

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

For the Government of the Democratic Republic of São Tomé e Principe

[1] OJ C […] […], p. […]

[2] OJ L 54, 25.2.1984.

[3] OJ No L 47, 19.2.2002, p. 2.

[4] OJ No L 73, 15.3.2001, p. 8.