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 3 May 1999 to 2 May 2000 the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Republic of Angola on fishing off the coast of Angola

EXPLANATORY MEMORANDUM

The Protocol annexed to the fisheries agreement between the European Community and Angola expired on 2nd May 1999. A new Protocol was initialled by the two parties on 2nd May 1999 establishing the technical and financial conditions under which Community fishing vessels can fish in Angola waters in the period 3rd May 1999 to 2nd May 2000.

The Commission is accordingly proposing that the Council should adopt:

_ by means of a Decision, the draft Agreement in the form of an exchange of letters concerning the provisional application of the new Protocol pending its final entry into force,

_ by means of a Regulation, the Protocol establishing the fishing opportunities and the associated technical and financial conditions agreed between the Community and Angola for the period 3rd May 1999 to 2nd May 2000.

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 3 May 1999 to 2 May 2000 the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Republic of Angola on fishing off the coast of Angola

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 Republic of Angola on fishing off Angola [1],

[1] OJ L 341, 3.12.1987, p. 1.

Having regard to the proposal from the Commission,

(1) Whereas the Community and the Republic of Angola 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;

(2) Whereas, as a result of these negotiations, a new Protocol was initialled on 2nd May 1999;

(3) Whereas, under that Protocol, Community fishermen have fishing rights in the waters under the sovereignty or jurisdiction of the Republic of Angola for the period 3rd May 1999 to 2nd May 2000;

(4) 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 37 of the Treaty,

(5) 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 ADOPTED THIS DECISION:

Article 1

The Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol defining, for the period 3rd May 1999 to 2nd May 2000, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Republic of Angola on fishing off Angola 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:

_ Shrimp vessels: 6 550 GRT, per month, as an annual average, Spain, 22 vessels

_ Demersal trawlers: 2 000 GRT, per month, as an annual average, Spain

_ Bottom longliners: 1 750 GRT, per month, as an annual average, Portugal

_ Freezer tuna seiners: 7 vessels France, 11 vessels Spain

_ Surface longliners: 5 vessels Portugal, 20 vessels Spain

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 authorised 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,

For the Council

The President

Agreement in the form of an Exchange of Letters on the provisional application of the Protocol defining, for the period 3 May 1999 to 2 May 2000, the fishing opportunities and financial compensation provided for in the Agreement between the European Community and the Government of the Republic of Angola on fishing off Angola

A. Letter from the Government of Angola

Sir,

With reference to the Protocol initialled on 2 May 1999 defining the fishing opportunities and financial compensation for the period 3 May 1999 to 2 May 2000, I have the honour to inform you that the Government of Angola is prepared to apply the Protocol on a provisional basis with effect from 3 May 1999, pending its entry into force in accordance with Article 7 thereof, provided that the European Community is disposed to do the same.

This is on the understanding that the financial compensation provided for in Article 2 of the Protocol is to paid before 31 December 1999.

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

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

For the Government of the Republic of Angola

B. Letter from the Community

Sir,

I am in receipt of your letter of today's date, which reads as follows:

'With reference to the Protocol initialled on 2 May 1999 defining the fishing opportunities and financial compensation for the period 3 May 1999 to 2 May 2000, I have the honour to inform you that the Government of Angola is prepared to apply the Protocol on a provisional basis with effect from 3 May 1996, pending its entry into force in accordance with Article 7 thereof, provided that the European Community is disposed to do the same.

This is on the understanding that the financial compensation provided for in Article 2 of the Protocol is to be paid before 31 December 1999.

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

I have honour to confirm the Community's agreement to such provisional application of the Protocol.

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

On behalf of the Council of the European Union