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 establishing the fishing possibilities and the financial compensation provided for in the Agreement between the European Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau for the period 16 June 1995 to 15 June 1997 (95/C 327/10) COM(95) 427 final - 95/0233(AVC)

(Submitted by the Commission on 18 September 1995)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Agreement between the European Economic Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau signed in Bissau on 27 February 1980 (1),

Having regard to the proposal from the Commission,

Whereas the Community and the Republic of Guinea-Bissau have conducted negotiations to determine any amendments and additions to be made to the said Agreement at the end of the period of application of the Protocol annexed thereto;

Whereas, as a result of these negotiations, a new Protocol was initialled on 7 June 1995;

Whereas, under that Protocol, Community fishermen enjoy fishing possibilities in the waters under the sovereignty or jurisdiction of Guinea-Bissau for the period 16 June 1995 to 15 June 1997;

Whereas, in order to avoid any interruption in the fishing activities of Community vessels, it is essential that the Protocol in question be applied as soon as possible; whereas, for this reason, the two parties have 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 in force; whereas that Agreement should be approved pending a final decision taken on the basis of 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 establishing the fishing possibilities and the financial compensation provided for in the Agreement between the European Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau for the period 16 June 1995 to 15 June 1997 is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

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

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However, for the first year for which the Protocol applies the allocation is the following:

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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 226, 29. 8. 1980, p. 33.

AGREEMENT in the form of an exchange of letters concerning the provisional application of the Protocol establishing the fishing possibilities and the financial compensation provided for in the Agreement between the European Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau for the period 16 June 1995 to 15 June 1997

A. Letter from the Government of the Republic of Guinea-Bissau

Sir,

With reference to the Protocol initialled on 7 June 1995 establishing the fishing possibilities and the financial compensation for the period 16 June 1995 to 15 June 1997, I have the honour to inform you that the Government of the Republic of Guinea-Bissau is ready to apply the Protocol on a provisional basis, with effect from 16 June 1995, pending its entry into force in accordance with Article 9 of the Protocol, provided that the Community is prepared to do the same.

This is on the understanding that the first instalment of the financial compensation specified in Article 2 of the Protocol is to be paid before 31 December 1995.

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 Republic of Guinea-Bissau

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 7 June 1995 establishing the fishing possibilities and the financial compensation for the period 16 June 1995 to 15 June 1997, I have the honour to inform you that the Government of the Republic of Guinea-Bissau is ready to apply the Protocol on a provisional basis, with effect from 16 June 1995, pending its entry into force in accordance with Article 9 of the Protocol, provided that the Community is prepared to do the same.

This is on the understanding that the first instalment of the financial compensation specified in Article 2 of the Protocol is to be paid before 31 December 1995.

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 the provisional application of the Protocol.

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

On behalf of

the Council of the European Union