Proposal for a Council Decision suspending the Agreement between the Government of the Republic of Guinea-Bissau and the European Economic Community on fishing off the coast of Guinea-Bissau (1999/C 22/07) COM(1998) 777 final - 98/0355(CNS)

(Submitted by the Commission on 16 December 1998)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 43 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas, in accordance with the Agreement between the Government of the Republic of Guinea-Bissau and the European Economic Community on fishing off the coast of Guinea-Bissau signed at Bissau on 27 February 1980 (1), the Council has approved a Protocol by Regulation (EC) No 2615/97 (2) which sets out fishing possibilities and financial compensation for the period from 16 June 1997 to 15 June 2001;

Whereas, as a result of the armed conflict which has affected Guinea-Bissau since June 1998, the Government of Guinea-Bissau has no longer been able to ensure the normal course of fishing activities under the said Agreement;

Whereas this exceptional situation endangers Community vessels and calls for a temporary suspension of fishing under the said Agreement as from June 1998 until peace is restored; whereas this temporary halt to fishing would also mean suspending the payment of the financial compensation referred to in Article 2 of the said Protocol during the second year of its validity; whereas therefore the Agreement itself should be suspended;

Whereas the Community should nevertheless demonstrate openness towards the belligerents in Guinea-Bissau in order to encourage them to seek a negotiated solution to the conflict, with a view to re-establishing a lasting peace and the existence of a government capable of ensuring the normal execution of a budget and monitoring of fishing activities under the Agreement;

Whereas to this end the Council notes the Commission's decision to open a special account into which to pay the financial compensation in question; whereas the Council also considers it opportune to lay down special procedures for ending the suspension and fixing the details of financial support to Guinea-Bissau for ad hoc action in the fisheries sector;

Whereas these arrangements should be designed to allow the immediate payment of the relevant financial compensation on a pro rata basis according to the time remaining of the second year of validity of the present Protocol as soon as conditions allow the resumption of fishing; whereas provision should be made for the remaining funds in the special account to be used as financial aid for the restoration by the Guinea-Bissau authorities of facilities supporting fishing activities, including infrastructure for monitoring these activities, in an amount and under rules to be set in accordance with the legitimate authorities in Guinea-Bissau,

HAS DECIDED AS FOLLOWS:

Article 1

Implementation of the Agreement between the Government of the Republic of Guinea-Bissau and the European Economic Community on fishing off the coast of Guinea-Bissau signed at Bissau on 27 February 1980 (3) is hereby suspended with effect from 19 June 1998.

Article 2

As soon as the conditions for a resumption of fishing under the Agreement referred to in Article 1 have been re-established, the Council, acting on a proposal from the Commission, may terminate this suspension of the Agreement and fix the details of financial support to Guinea-Bissau for ad hoc action aimed at restoring facilities in support of fishing activities, including infrastructure for monitoring them.

Pending such a decision, and as soon as a lasting peace is restored which enables a resumption of fishing activities under the terms of the Agreement, the Commission is hereby empowered to decide on an interim basis that fishing may resume.

Article 3

This Decision shall be published in the Official Journal of the European Communities.

(1) OJ L 226, 29.8.1980, p. 33.

(2) OJ L 353, 24.12.1997, p. 7.

(3) OJ L 226, 29.8.1980, p. 33.