COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(94) 390 final 
Brussels, 16.09.1994 
94/0205 (CNS) 
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 opportunities and financial contribution 
provided for in the Agreement between the European Community 
and the Islamic Federal Republic of the Comoros on fishing off 
the Comoros for the period from 20 July 1994 to 19 July 1997 
Proposal for a 
COUNCIL REGULATION (EC) 94/0205 (CNS) 
relating to the conclusion of the Protocol setting out the fishing 
opportunities and financial contribution provided for in the 
Agreement between the European Community and 
the Islamic Federal Republic of the Comoros 
on fishing off the Comoros for the period from 
20 July 1994 to 19 July 1997 
(presented by the Commission) 
z 
EXPLANATORY MEMORANDUM 
The protocol annexed to the fisheries agreement between EC and the Comores 
expired on 19.7.1994. A new protocol was initialled by the two parties on 
18.7.1994, setting technical and financial terms governing fishing by EC 
vessels in the Comores waters for the period 20.7.1994 to 19.7.1997. 
The Commission proposes on this basis that the Council adopt 
- by a Decision, the proposal for an agreement in the form of an exchange 
of letters on provisional application of the new protocol pending its 
.entry into force 
- by a Regulation, the protocol setting fishing rights and the technical 
and financial terms thereof agreed between the EC and the Comores from 
the period 20.7.1994 to 19.7.1997. 
Proposal for a 
COUNCIL DECISION 
of 
on die conclusion of die Agreement in the form of an exchange of letters 
concerning the provisional application of the Protocol establishing die fishing 
opportunities and financial contribotion provided for in the Agreement between 
the European Community and die Islamic Federal Republic of the 
Comoros on fishing off the Comoros for the period from 20 July 1994 to 19 July 
19*7 3 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European 
Community, 
Having regard to the Agreement bttwttu the European 
Community and the Islamic Federal Republic 
of the Comoros on fishing off the Comoros OL 
Having regard to the proposal from the Commission, 
Whereas the Community and the Islamic Federal 
Republic of the Comoros have held negotiations with a 
view to determining amendments or additions to be made 
to the Agreement at the end of the period of application 
of the first Protocol to the Agreement; 
Whereas, as a result of those negotiations, a new Protocol 
was initialled on 18 July 1994; 
Whereas, under that Protocol, Community fishermen 
enjoy fishing opportunities in the waters falling within 
the sovereignty or jurisdiction of tL: Islamic Federal 
Republic of the Comoros for the period from 20 Jury 
1994 to 19 July 1997, 
Whereas, in order to avoid interruption of fishing activi­
ties by Community vessels, it is essential that the said 
Protocol be approved as quickly as possible ; whereas both 
Contracting Parties have therefore initialled an Agree­
ment in the form of an exchange of letters providing for 
the provisional application of tile initialled 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 tetters should be concluded subject to a 
definitive decision under Article 43 of the Treaty, 
HAS DECIDED AS FOLLOWS: 
Article 1 
The Agreement in the form of an exchange of letters 
concerning the provisional application of the Protocol 
setting out the fishing opportunities and financial contri­
bution provided for in the Agreement between the Euro­
pean Community and the Islamic Federal 
Republic of the Comoros on fishing off the Comoros for 
the period from 20 July 1994 to 19 July 1997 is hereby 
approved on behalf of the Community. 
The text of the Agreement is attached to this Decision. 
Article 2 
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 . 
Done at Brussels, 
For the Council 
The President 
0 OJ No L 137. 2. 6. 1988. p. 19. 
L 
AGREEMENT 
in the form of an Exchange of Letters concerning the provisional application of the 
Protocol setting out the fishing opportunities and financial contribution provided for 
in the Agreement between the European Community and the Islamic 
Federal Republic of the Comoros on fishing off the Comoros for the period from 20 
July 199 A to 19 July 1997 
A. Letter from the Government of the Comoros 
Sir. 
With reference to the Protocol, initialled on 18 July 1994 setting out the fishing.opportunities 
and financial contribution for the period from 20 July 1994 to 19 July 199 7. I have the honour 
to inform you that the Government of the Islamic Federal Republic of the Comoros is prepared 
to apply the Protocol provisionally from 20 July 1994 pending its entry into force in accordance 
with Article 7 thereof, provided that the European Community is prepared to do like­
wise. 
It is understood that, in this case, a first instalment equal to one third of the financial compensa­
tion stipulated in Article 2 of the Protocol must be paid before -z* décentrer 1994 
I should be grateful if you would confirm that the European Community is in agree­
ment with the foregoing. 
Please accept. Sir. the assurance of my highest consideration. 
For the Government of the 
Islamic Federal Republic of the Comoros 
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 lg July 199 4 setting out the fishing opportuni­
ties and financial contribution for the period from 20 July 1994 to 19 July 1997,1 have the 
honour to inform you that the Government of the Islamic Federal Republic of the Comoros 
is prepared to apply the Protocol provisionally from 20 July 1994, pending' its entry into 
force in accordance with Article 7 thereof, provided that the European Commu­
nity is prepared to do likewise. 
It is understood that, in this case, a first instalment equal to one third of the financial 
compensation stipulated in Article 2 of the Protocol must be paid before 31 december 1994. 
I should be grateful if you would confirm that the European Community is in 
agreement with the foregoing.* 
I have the honour to confirm that the Community is in agreement with the contents of your 
letter. 
Please accept. Sir, the assurance of my highest consideration. 
For the Council 
of the European Uhion / 
Proposal for a 
COUNCIL REGULATION ( EC) No 
of 
relating to die conclusion of the Protocol setting out the fishing opportunitiea 
and financial contribution provided for In the Agreement between the European 
Community and the Islamic Federal Republic of the Comoros on 
fuming off the Comoros for the period 20 July 1994 to 19 July 1997 ^ 
THE COUNCIL OF THE EUROPEAN UNION. 
Having regard to the Treaty establishing the European 
Community, and in. particular Article 43 thereof in 
conjunction with the first sentence of Article 228 (2) and 
the first subparagraph of Article 228 (3), 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European Par­
liament ft 
Whereas, in accordance with the Agreement between the 
European Community and the Islamic Federal 
Republic of the Comoros on fishing off the Comoros 
fl. the two Contrac­
ting Parties held negotiations with a view to determining 
amendments or additions to be made to the Agreement at 
the end of the period of application of the first Protocol 
to the Agreement; 
Whereas, as a result of those negotiations, a new Protocol 
defining the fishing opportunities and financial contribu­
tion provided for in the abovementioned Agreement for 
the period from 20 July 1994 to 19 July 1997 was 
initialled on 18 July 1994; Whereas it is in the Community's interest to approve the 
said Protocol. 
HAS ADOPTED THIS REGULATION 
Article I 
The Protocol setting out the fishing opportunities and 
financial contribution provided for in the Agreement 
between the European Community and the 
Islamic Federal Republic of the Comoros on fishing off 
the Comoros for the period 20 July 1994 to 19 July 1997 
is hereby approved on behalf of the Community. 
The text of the Protocol is attached hereto. 
Article 2 
The President of the Council is hereby authorized to 
designate the persons empowered to sign the Protocol in 
order to bind the Community. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
8 OJ No C 
OJ No L 137, 2. 6. J 988. p. 18. 
j PROTOCOL 
setting out the fishing opportunities and financial contribution provided for in the 
Agreement between the European Community and the Islamic Federal 
Republic o( the Comoros on fishing off the Comoros for the period 20 July 1994 to 19 
July 1997 
Article 1 
1. Pursuant to Article 2 of the Agreement, licences authorizing simultaneous fishing in 
Comorian waters shall be granted to 37 ocean-going freezer tuna vessels for a period of three 
years beginning on 20 July 1994 
2. In addition, at the request of the Community, certain authorizations may be granted to 
other categories of fishing vessel under terms to be defined by the Joint Committee referred to 
in Article 7 of the Agreement. 
Article 2 
1. The financial contribution referred to in Article 6 of the Agreement shall be fixed at ECU 
675.000 'or tnc PC"0*! provided for in Article I of this Protocol, payable in three equal annual 
instalments. That amount shall cover an annual catch of 4.500 tonnes of tuna in Comorian 
waters. If the tuna caught by Community vessels in Comorian waters exceeds that weight, the 
abovementioned amount shall be increased proportionately. 
2. The use to which the contribution is to be put shall fall within the exclusive competence of 
the Government of the Islamic Federal Republic of the Comoros. 
Article 3 
1. The Community shall also contribute, during the period referred to in Article I. to the 
financing of Comorian scientific or technical programmes (equipment, infrastructure, reinforce­
ment of administrative and training structures in the fishing sector, etc.) designed to improve 
knowledge of fishery resources in Comorian waters. 
2. That contribution shall be ECU 260.000 for the duration of this Protocol. 
3. The Comorian authorities shall forward a brief report on the way that amount is used to the 
Commission staff. 
4. The Community's contribution to the scientific or technical programmes shall be paid to 
an account indicated on each occasion by the Ministry of Production. Rural Development. 
Industry and the Environment. 
Article 4 
1. The Contracting Parties hereby agree that improving the skills and knowledge of those 
concerned with sea fishing is essential to the success of their cooperation. To that end. the 
Community shall facilitate the entry of Comorian nationals to establishments in its Member 
States and for that purpose shall make available to them grants for study or practical training 
courses lasting a maximum of five years in the various scientific, technical and economic fields 
linked to fishing. The total cost of such grants may not exceed ECU 145J0OO. The grants may 
also be used in any country linked to the Community by a cooperation agreement. 
2. A part of the amount referred to in paragraph 1, which must not exceed ECU 45 000. may 
be used, at the request of the Comorian authorities, to cover the costs of participation in interna­
tional meetings relating to fishing. 
3. The amount referred to in paragraph 1 shall be payable »s it is used. 
Article J 
Should the Community fail to make the payments provided for in Articles 2 and 3, the Fishing 
Agreement ntMy be suspended. 
Article 6 
The Protocol to the Agreement between the European Community and the Islamic 
Federal Republic of the Comoros on fishing off the Comoros is hereby repealed and replaced by 
this Protocol. 
Article 7 
This Protocol shall enter into force on the date of its signature. 
It shall apply from 20 July 1994 6 
ANXLX 
CONDrnONS FOR THE PURSUIT OF FISflINC ACTIVITIES BY COMMUNITY VESSELS IN 
COMORIAN WATERS 
I. Application for and w«wc of ficeacn 
The procedure fat application* for. and issue of. the licence* allowing Community vessel* to fish in Comorian 
water» «halt be a* follow»: 
(a) the Commission of the European Communities, through it* representative of the Commission in CORMITIM. 
shall submit to the Comorian fishing authorities at least 20 days before the date of commencement of the 
period of validity requested, an application m respect of each vessel wishing to fish under this Agreement, 
drawn up by the owner. The applications shall be made on the forms provided for that purpose by 
Comoro*, a specimen of which t* attached; 
(b) berne» are issued to a shipowner for a specific vessel. At the request of the Commission of the European* 
Communities, a licence issued for one vessel may, in a case of force Majeure, be replaced by a licence issued 
for another Community vessel; 
(c) thr licence shall be delivered by the Comorian authorities to the representative of the Commission of the 
European Communities in Comoros; 
(d) licences must be held on board at all times; 
However, the Comorian authorities shall, upon receipt of notification from the Commission of the 
European Communities that advance payment has been made, enter the vessel concerned in the list 
of vessels with authorization to fish, which is sent to the control authority of Comoros. Pending receipt 
of the original of the licence, a copy of the licence that has been drawn up may be issued by telefax to 
be held on board the vessel. 
(C) before i he entry into force of the Agreement the Comorian authorities shall communicate the arrangements 
for payment of the licence fees, in particular the details of the bank accounts and the currencies to be 
used. 
2. Validity of licences and payment of fees 
(a) Licences shall be valid for one year. They shall be renewable; 
(b) the liceme fee shall be set at 20 ECU/tonne of tuna caught in Comorian waters. 
Licences «hall be issued following advance payment to Comoros of a lump sum of 1 500 ECU a year for 
each tuna seiner, equivalent to fees for a catch of 75 tonnes of tuna a year in Comorian waters. 
The captain shall complete a fishing form corresponding 10 the model given in Appendix 2 for each 
period spent fishing inCOfftOrian fishing zone. The form may be replaced during the period of 
application of the Protocol by another document devised for the same purpose by an international 
organization responsible for tuna fishing in the Indian Ocean after the agreement of the Joint 
Committee referred to in Article 7of the Fisheries Agreement. 
The form, which must be legible and signed by the captain of the ship, shall be sent to 
l'Office de la recherche scientifique et technique d'ouire-mer (Office of Overseas Scientific and 
Technical Research)andEI Instituto Oceanografico Espanol (Spanish Oceanographical Institute) for 
processing within one month of the end of each calendar quarter. 
Member States shall inform the Commission ol the European Communities before 15 April of the 
tonnages caught during the past year, as confirmed by the scientific institutes. On the basis of those 
figures the Commission shall establish a breakdown of the fees due in respect of a fishing year which it 
shall then send to the Comoriafauihorities for their comments. 
Shipowners shall be notified by the Commission of the European Communities of this breakdown by 
the end of April at the latest and shall have 30 days in which to meet their financial obligations. The 
shipowner cannot recover the balance in cases where the amount payable in respect of actual fishing 
operations is less than the advance payment. 
.1. Observers 
At thr request of the Comorian authorities tuna vessels shall take on board an observer designated by the 
authorities in order to check catches made in Comorian waters. Observers shall have all facilities, including 
parts of the ship and document*, necessary for the performance of their dune*. Observers khall not remain on 
board for longer than the time required to carry out their dune*. Observers shall be provided with suitable food 
and accommodation while on board. Should a tuna vessel with a Comorian observer on board leave Comorian 
waters, every step shall be taken to ensure that the observer return* to Comoros as soon as possible, at the 
shipowner's et pense. ? 
4. Radio communications 
Whenever Community vessels enter or leave Comorian waters they must contact the Comorian 
radio station to notify their position and the quantities of fish on board. The call sign and frequency 
shall be notified to shipowners when «he fishing licence is issued. 
In cases where radio communication cannot be used, vessels may use alternative means of 
communication, such as telefax. 
5. Fishing tones 
To avoid adverse effects on small-scale fisheries in Comorian waters. Community tuna vessels shall not be 
allowed to fish within 10 nautical miles of any of the islands nor within a radius of three nautical miles of fish 
aggregating devices placed by the Comorian authorities, the positions of which have been communicated to the 
representative of the Commission of the European Communities in Comoros. 
These provisions may be reviewed by the Joint Commince refer red to in Article 7 of the Agreement. 
6. Ownership of rare species 
Any coclacanrh {Latimeria chalumnae) caught by a Community vessel authorized to fish in Comorian waters 
remains the property of Comoros and must be turned over, without charge, to the port authorities of Moroni or 
Mutsamudu immediately in the best state possible. 
7. Transshipment 
Community vessel owners must give consideration to the harbour facilities of Mutsamudu for any 
transshipment operations. c? 
3 
Appendix 1 
LICENCE APPLICATION FORM FOR A FOREIGN FISHING VESSEL 
Name of applicant: . 
Address of applicant; 
Name and address of charterer of vessel if different from above: 
Name and address of representative (agent) in Comoros: 
Name of vessel: 
Type of vessel: 
Country of registry: 
Port and registration number: 
Vessels external identification: . 
Radio call sign and frequency: .... 
Length of vessel: 
Width of vessel: 
Engine type and horse power: 
Gross registered tonnage of vessel: 
Net registered tonnage of vessel: .. 
Minimum crew: 
Type of fishing: 
Proposed catch species: 
Period of validity requested: 
I. the undersigned certify that the above particulars are correct. 
Date: -, Signature: 
Appendix 2 ICCAT LOGBOOK for TUNA FISHERY 
Vessel name 
Flag country 
Registration No 
Company or Owner 
Address 
Dates 
£ 
£ 
0 
0 
0 
0 
0 
0 
0 
0 
0 
1 
1 
1 
1 
1 
1 
1 
1 
1 
1 
2 
2 
2 
2 
2 
2 
2 
2 
2 
2 
3 
i> 1 
2 
3 
4 
S 
6 
7 
8 
9 
0 
1 
2 
3 
4 
5 
6 
7 
8 
9 
0 
1 
2 
3 
4 
5 
S 
7 
B 
9 
0 
1 Area 
a •S </> 
I S I S 
! 2 « 
r Elton 
(Number 
of 
Hooks 
used) 
Landing weight |m kg) Gross tonnage 
Capacity (M T ) 
Captain 
No of crew 
Reporting date 
Reported by Boat LEFT 
Boat RETURNED 
Number of days at sea month day 
days yeer 
19 port 
Number of tisnmg days or 
number of sets mede D Longline 
D Baitboat 
0 Purse seme 
D Trolling 
D Others 
Page of pages 
Trip number 19 -
CATCHES 
Bluefin tune 
Thunnus Ihynnus 
or mtceoytt 
number 
fish weight 
In kg Vellowfln tuns 
Thunnus Slbtcsres 
No kg Bigeye lune 
Thunnus obssus 
No 
. kg Albacore 
Thunnus slslungs 
No kg Swordflsh 
XipNss gitdius 
No kg Striped merlin 
White merlin 
Tttrsptums sudsx 
or itbKtus 
No kg Black merlin 
Mêkltrê indies 
No kg Sallfisrt 
istiopnorus 
slDicsns or 
plstyptsrus 
No kg Skipjack 
Kslsuwenus 
ptlsms 
No kg Miscellaneous 
fishes 
Sp kg Daily total 
(in weight) 
kg only) BaK used 
I , I 1 
_ • 
6 
1. Use one sheet per month, and one line per dey. 
2. At the end of each trip, forward a copy of the log to your correspondent or to ICCAT. General Mola 17. Madrid 1. Spair i Fishing area refers to the noon position e> the Doat Round on minutes and record degrees of lawude and longitude Be sure to record H/S end E/W. 
5 The bottom line (lending weight I should be completed only at the ena ot the trip Actual weigh! a! the time of unloading should be recorded. 
6 All information reported herein will he kept strictly confidential ft 
y\A 
FINANCIAL STATEMENT 
DATE 
1. BUDGET HEADING :B7-800 
2. TITLE : New protocol EC/Comores 
3. LEGAL BASIS : Agreement EC/Comores 
4. AIMS OF PROJECT : Protocole for a period of 3 years 
5. FINANCIAL IMPLICATIONS 
5.0. EXPENDITURE 
- charged to the EC budget 
(refunds/intervention) 
- national administration 
- other 
5.1. REVENUE 
- own resources of the CE 
(levies/customs duties) 
- national PERIOD OF 
12 MONTHS CURRENT 
FINANCIAL 
YEAR (94) 
360.000 ECU 
(annual 
average) FOLLOWING 
FINANCIAL 
YEAR (95) 
360.000 ECU 
(annual 
average) 
1994 
5.0.1. ESTIMATED 
EXPENDITURE 360.000 
(annual 
average) 1995 
360.000 
(annual 
average) 1996 
360.000 
(annual 
average) 
5.2. METHOD OF CALCULATION: 
- financial contribution : 
- scientific programme : 
- study grants : 
Financial compensation : 
Average annual cost : 675.000 ECU 
260.000 ECU 
145.000 ECU 
1.080.000 ECU 
360.000 ECU 
6.0. CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS 
ENTERED IN THE RELEVANT CHAPTER OF THE 
CURRENT BUDGET ? YES/++ 
6.1. CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN 
CHAPTERS OF THE CURRENT BUDGET ? YES/++ 
6.2. IS A SUPPLEMENTARY BUDGET NECESSARY ? -+/NO 
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE 
NECESSARY ? YES/++ 
OBSERVATIONS : 
ISSN 0254-1475 
COM(94) 390 final 
DOCUMENTS 
EN U03 
Catalogue number : CB-CO-94-411-EN-C 
ISBN 92-77-80603-6 
Office for Official Publications of the European Communities 
L-2985 Luxembourg