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 defining for the period 1 June 1996 to 31 May 1999 the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Democratic Republic of São Tomé e Príncipe on fishing off the coast of São Tomé e Príncipe (96/C 298/05) COM(96) 394 final - 96/0199(CNS)

(Submitted by the Commission on 25 July 1996)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Agreement between the European Community and the Democratic Republic of São Tomé e Príncipe on fishing off São Tomé e Príncipe (1),

Having regard to the proposal from the Commission,

Whereas the Community and the Democratic Republic of São Tomé e Príncipe have held negotiations with a view to determining amendments to be made to the abovementioned Agreement at the end of the period of application of the Protocol in force which is annexed to the said Agreement;

Whereas, as a result of these negotiations, a new Protocol was initialled on 23 May 1996;

Whereas, under that Protocol, Community fishermen have fishing rights in the waters under the sovereignty or jurisdiction of the Democratic Republic of São Tomé e Príncipe for the period 1 June 1996 to 31 May 1999;

Whereas, in order to avoid interruption of fishing activities by Community vessels, both parties have initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the said 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 approved subject to a definitive decision pursuant to Article 43 of the Treaty;

Whereas the allocation of fishing possibilities among the Member States should be determined on the basis of the traditional allocation of fishing possibilities 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 defining, for the period 1 June 1996 to 31 May 1999, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Democratic Republic of São Tomé e Príncipe on fishing off São Tomé e Príncipe is hereby approved on behalf of the Community.

The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.

Article 2

The fishing possibilities provided for in the Protocol are allocated among the Member States as follows:

- freeze tuna seiner: France 18, Spain 19,

- pole and line tuna vessels: France 7,

- surface long-liners: Spain 20, Portugal 5.

If licence applications from these Member States do not exhaust the fishing possibilities provided for in the Protocol the Commission may entertain licence applications from any other Member State.

Article 3

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 No L 54, 25. 2. 1984, p. 1.

AGREEMENT in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing the fishing opportunities and the financial contribution provided for in 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 and Príncipe for the period 1 June 1996 to 31 May 1999

A. Letter from the Government of the Democratic Republic of São Tomé and Príncipe

Sir,

With reference to the Protocol initialled on 23 May 1996 establishing the fishing opportunities and the financial compensation for the period 1 June 1996 to 31 May 1999, I have the honour to inform you that the Government of the Democratic Republic of São Tomé and Príncipe is ready to apply the Protocol on a provisional basis, with effect from 1 June 1996, pending its entry into force in accordance with Article 7 of the Protocol, provided that the Community is prepared to do the same.

This is on the understanding that the first annual instalment of one-third of the financial compensation specified in Article 2 of the Protocol is to be paid before 31 October 1996.

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

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

For the Government of the Democratic Republic of São Tomé and Príncipe

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 23 May 1996 establishing the fishing opportunities and the financial compensation for the period 1 June 1996 to 31 May 1999, I have the honour to inform you that the Government of the Democratic Republic of São Tomé and Príncipe is ready to apply the Protocol on a provisional basis, with effect from 1 June 1996, pending its entry into force in accordance with Article 7 of the Protocol, provided that the Community is prepared to do the same.

This is on the understanding that the first annual instalment of one-third of the financial compensation specified in Article 2 of the Protocol is to be paid before 31 October 1996.

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

I have the honour to confirm the 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