Proposal for a Council Decision on the conclusion of the Agreement in the form of an exchange of letters on the provisional application of the Protocol establishing, for the period from 3 May 1994 to 2 May 1996, 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 (94/C 184/04) COM(94) 211 final - 94/0133(CNS)

(Submitted by the Commission on 2 June 1994)

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 Government of the Republic of Angola on fishing off Angola (1),

Having regard to the proposal from the Commission,

Whereas the Community and the Republic of Angola held negotiations to determine the amendments or additions to be made to the abovementioned Agreement on the expiry of the application period of the Third Protocol to the Agreement and currently in force;

Whereas, as a result of those negotiations, a new Protocol was initialled on 24 March 1994;

Whereas the Protocol provides Community fishermen with fishing opportunities in waters over which the Republic of Angola has sovereignty from 3 May 1994 to 2 May 1996;

Whereas, in order to avoid any interruption in the fishing activities of Community vessels, the new Protocol should 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 that on which the Protocol currently in force expires; whereas that Agreement should be approved, pending a final decision to be taken on the basis of Article 43 of the Treaty,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an exchange of letters on the provisional application of the Protocol establishing, for the period from 3 May 1994 to 2 May 1996, 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 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.

(1) OJ No L 341, 3. 12. 1987, p. 1.

AGREEMENT in the form of an exchange of letters on the provisional application of the Protocol defining, for the period from 3 May 1994 to 2 May 1996, 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 24 March 1994 defining the fishing opportunities and financial compensation for the period from 3 May 1994 to 2 May 1996, 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 1994, 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 first instalment of the financial compensation fixed in Article 2 of the Protocol is to be paid before 30 September 1994.

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 24 March 1994 defining the fishing opportunities and financial compensation for the period from 3 May 1994 to 2 May 1996, 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 1994, 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 first instalment of the financial compensation fixed in Article 2 of the Protocol is to be paid before 30 September 1994.

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

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

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

For the Council of

the European Union