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 setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 20 July 1991 to 19 July 1994
Date: 1991-10-04
Institutions: European Commission
Subjects: Comoros, catch area, fishing agreement, fishing licence

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(91)357  final 

Brussels, 4  October  1991 

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 setting out the 

fishing opportunities and financial contribution provided for in the 

Agreement between the European Economic Ccranunity and the Government of the 

Islamic Federal Republic of the Oomoros on fishing off the Oomoros for the 

period from 20 July 1991 to 19 July 1994. 

Proposal  for a 

COUNCIL  REGULATION  fCFn 

relating to the conclusion of the Protocol setting out the fishing 

opportunities and financial compensation provided for in the Agreement 

between the European Economic Coranunity and the Government of the Islamic 

Federal Republic of the Comoros on fishing off the Comoros for the period 

from 20 July 1991 to 19 July 1994 

(presenttd by the Comalision) 

-1 

EXPLANATORY MEMORANDUM 

Ihe Protocol to the Agreement on fishing between the European Economic 

Community and the Government of the Islamic Federal Republic of the 

Comoros, signed on 20 July 1988, expired on 19 July 1991. 

In accordance with Article 12 of the Agreement, the two parties held 

negotiations in Moroni on 15 and 16 July 1991 with a view to revising the 

Protocol to the Agreement.  A new Protocol defining the fishing 

opportunities and financial compensation for the period from 20 July 1991 

to 19 July 1994 was initialled on 16 July 1991.  In order to avoid an 

interruption of fishing activities by Community vessels, an exchange of 

letters on the provisional application of the new Protocol from 

20 July 1991 was also initialled. 

The Protocol provides for fishing opportunities for 42 ocean-going freezer 

tuna vessels for a period of 3 years between 20 July 1991 and 19 July 1994, 

The number of Community ocean-going freezer tuna vessels has thus been 

increased by 2 as compared with the previous Protocol. 

The financial compensation payable by the Community remains unaltered 

compared with the previous Protocol and thus amounts to ECU 300 000 par 

year on the basis of annual catches of 6 000 t of tuna.  In excess of that 

tonnage, each tonne caught gives rise to the payment of an additional 

ECU 50. 

The Community will also contribute ECU 325 000 over 3 years to finance 

-2 -

Comorian scientific or technical programmes to improve knowledge of fishery 

resources in Comorian waters. 

Lastly, the contribution to the training and bursary programme in the 

fishery sector amounts to ECU 175 000.  This sum will also cover the costs 

of attendance by Comorian representatives at international meetings on 

fishing. 

Furthermore, shipowners1 fees have been set at ECU 20 per tonne for tuna 

fishing. 

- ?-

On the basis of the foregoing, the Commission proposes that the Council 

should as soon as possible: 

1. Adopt the attached Decision on the conclusion of the 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 Economic 

Community and the Government of the Islamic Federal Republic of the 

Comoros for the period from 20 July 1991 to 19 July 1994; 

2. Adopt the attached Regulation relating to the conclusion of the Protocol 

setting out the fishing opportunities and financial compensation 

provided for under the Agreement between the European Economic Community 

and the Government of the Islamic Federal Republic of the Comoros far 

the period from 20 July 1991 to 19 July 1994. 

Proposal for a Council Decision 

mrs 'the conclusion of the Agreement in 13'-  &>rvi -C  zi>~: -  - • -  r  <.-.•*-

con^.3LvJi',g the provisional appiicatiL . '), 

:hz  F ct. cc". L  ;. ;\ 

. '~*  . 

ii^i.-^i  .i^p'jrtariit.^- ciid f.' -'arir^cL1 -.aitr' "a, 'OA }...- v.* s. 

I gr,3£..  '.-. ..-c eei; '»""  -o\c;  1 zi~:*-j:,'"< -', """u -ya^  a« i  ../. ."  ?'  ;*" 

liila:^.'- xc^jia^ R c-L „JU of  Jie C-..*? "cr- .'"« _~Liii>g of? 1:" .» '  ^y- 

' 

period from  ?••:  ~,....7.y J.991 to 19 July 1994. 

Itie Council of the £. «„.r :n QcMcurdties, 

Having regard to the Tree'.. establishing the  European  ^ccsnomic Cc-v/itLriity, 

Having regard to the Agre&Kvut between the European Economic (^Bira^iity ar^ 

the GO'/erninent of the Islamic Federal Republic of the Comoros on fishing 

off the Comoros1, signed in Brussels on 20 July 1988, 

Having regard to the proposal from the Commission2, 

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 on fishing off the Comoros at the end of the period 

of application of the first Protocol; 

Whereas, as a result of those negotiations, a new Protocol was initialled 

on 16 July 1991; 

Whereas, under that Protocol, Community fishermen enjoy fishing 

opr :;':'mitiG ^  n the waters falling wi;'in the sovereignty or jurisdiction 

of lh 

;!<• 

Fedc:.. i Republic of the Comoros for the period from 

20 July 1991 to 19 July 1994; 

vftiereas, in order to avoid interruption of fishing activities by Community 

vessels, it is essential that the Protocol be approved as quickly as 

possible;  whereas both parties have therefore 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 previously in force;  whereas the Agreement in the 

form of an exchange of letters should be concluded subject to a definitive 

decision under Article 43 of the Treaty, 

1  QJ No L 137, 2.6.1988, p.18, 

2 

HAS DECIDED AS FOLLOWS: 

-4-

Article 1 

The Agreement in the form of an exchange of letters c»ncerning the 

provisional application of the Protocol setting out the fishing 

opportunities and financial contribution provided for in the Agreement 

between the European Economic Community and the Government of the Islamic 

Federal Republic of the Comoros on fishing off the Comoros for the period 

from 20 July 1991 to 19 July 1994 is hereby approved on behalf of the 

Community. 

The text of the Agreement is attached to this Decision. 

Article 2 

Ihe 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, 

1991 

For the Council 

The President 

f-

DRAFT 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 Economic Community and the Government of 

the Islamic Federal Republic of the Comoros on fishing 

off the Comoros far the period from 20 July 1991 to 19 July 1994 

A.  Letter from the Government of the Oomoros, 

Sir, 

With reference to the Protocol initialled on 16 July 1991 setting out the 

fishing opportunities and financial contribution for the period from 

20 July 1991 to 19 July 1994, I have the honour to inform you that the 

Government of the Comoros is prepared to apply the Protocol provisionally 

from 20 July 1991 pending its entry into force in accordance with 

Article 6, provided that the European Economic Community is prepared to do 

the same. 

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 30 November 1991. 

I should be obliged if you would confirm that the European Economic 

Community is in agreement with such provisional application. 

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

e-

For the Government of the Islamic Federal Republic of the Comoros. 

- s-

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 16 July 1991 setting out the 

fishing opportunities and financial contribution for the period from 

20 July 1991 to 19 July 1994, I have the honour to inform you that the 

Government of the Comoros is prepared to apply the Protocol provisionally 

from 20 July 1991 pending its entry into force in accordance with 

Article 6, provided that the European Economic C3ommunity is prepared to do 

the same. 

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 30 November 1991. 

I should be obliged if you would confirm that the European Economic 

Community is in agreement with such provisional application." 

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

On behalf of the Government of the Islamic Federal Republic of the Comoros. 

-10-

-H-

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 16 July 1991 setting out the 

fishing opportunities and financial contribution for the period from 

20 July 1991 to 19 July 1994, I have the honour to inform you that the 

Government of the Comoros is prepared to apply the Protocol provisionally 

from 20 July 1991 pending its entry into force in accordance with 

Article 6, provided that the European Economic Community is prepared to do 

the same. 

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 most be 

paid before 30 November 1991. 

I should be obliged if you would confirm that the European Economic 

Community is in agreement with such provisional application." 

I have the honour to confirm the agreement of the European Economic 

Community to this provisional application. 

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

On behalf of the Council of the European Communities 

PROPOSAL 

FOR 

COUNCIL REGULATION (EEC) N° 

relating to the conclusion of the Protocol setting out the fishing 

opportunities and financial compensation provided for in the Agreement 

between the European Economic (Community and the Government of the Islamic 

Federal Republic of the Comoros on fishing off the Comoros for the period 

from 20 July 1991 to 19 July 1994 

THE COUNCIL OF IHE EUROPEAN CXXMINITTES, 

Having regard to the Treaty establishing the European Economic Community, 

and in particular Article 43 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Parliament2, 

Whereas, in accordance with the Agreement between the European Economic 

(Community and the Government of the Islamic Federal Republic of the Comoros 

on fishing off the Comoros signed in Brussels on 20 July 19883, the two 

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; 

Whereas, as a result of those negotiations, a new Protocol defining the 

fishing rights and financial compensation provided for in the 

abovementioned Agreement for the period from 20 July 1991 to 19 July 1994 

was initialled on 16 July 1991; 

Whereas it is in the Community's interest to approve that Protocol, 

-M-

HAS ADOPTED THIS REGULATION: 

1  OJ No L 

, 

2  QJ No L 

3  OJ No L 137, 2.6.1988, p. 18. 

-ik 

-

P R O T O C OL 

setting out the fishing opportunities and financial contribution provided 

for in the Agreement between the European Economic Community and the 

Islamic Federal Republic of the Comoros on fishing off the Comoros for the 

period from 20 July 1991 to 19 July 1994. 

THE CONIRACTING PARTIES, 

Having regard to the Agreement between the European Economic Community and 

the Islamic Federal Republic of the Comoros on fishing off the Comoros, 

signed on 20 July 1988, 

HAVE AGREED AS FOLLOWS: 

Article 1 

1. Pursuant to Article 2 of the Agreement, licenses authorizing 

simultaneous fishing in Comorian waters shall be granted to forty-two 

ocean-going freezer tuna vessels for a period of three years beginning on 

20 July 1991. 

2. In addition, at the request of the C3ommunity, 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 900 000 for the period provided for in Article 1 of 

this Protocol, payable in three equal annual instalments.  That amount 

•  ô 

-' 

Sii3ll c. vo. c-i annual catch of 6 000 tonnes of tuna in Ccraorian waters.  If 

the t..ma caught by Community vessels in Comorian waters exceeds that 

weight, the abovementioned amount shall be increased proportionately. 

M. The purpose to which the compensation is to be put shall fall within the 

exclusive competence of the Government of the Islamic Federal Republic of 

the Comoros. 

-U 

-

Article 1 

The Protocol setting out the fishing rights and financial compensation 

provided for in the Agreement between the European Economic Community and 

the Government of the Islamic Federal Republic of the Comoros on fishing 

off the Comoros for the period from 20 July 1991 to 19 July 1994 is hereby 

approved on behalf of the Community. 

Ihe 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. 

Article 3 

This Regulation shall be binding in its entirety and directly applicable in 

all Member States. 

Done at Brussels, 

1991 

For the Council 

The President 

shall cover an annual catch of 6 000 tonnes of tuna in Comorian waters.  If 

the tuna caught by CJommunity vessels in Comorian waters exceeds that 

weight, the abovementioned amount shall be increased proportionately. 

2. The purpose to which the compensation is to be put shall fall within the 

exclusive competence of the Government of the Islamic Federal Republic of 

the Oomoros. 

A8-

Article 3 

1. The Community shall also contribute during the period referred to in 

Article 1 to the financing of Comorian scientific or technical programmes 

(eqipment, infrastructure, reinforcement of administrative or training 

structures in the fishing sector, etc.) designed to improve knowledge of 

fishery resources in Comorian waters. 

2. That contribution shall be ECU 325 000 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 educational 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 175 000.  The grants may also be 

used in any country linked to the Community by a cooperation agreement. 

'• 

^: 

• 

.-;, 

v  . ' 

-je-.;-,  n o t;  ÇSYCJF>ÇH\  FTTT  RS  Cinn 

rtvnr 

be used, at the request of the Comorian authorities, to cover the costs of 

participation in international meetings relating to fishing. 

3. The amount referred to in paragraph 1 shall be payable as it is used. 

Artcle 5 

Should the Community fail to make the payments provided for in Articles 2 

and 3 of this Protocol, the fishing Agreement may be suspended. 

-20-

Article 6 

The Protocol to the Agreement between the European Economic Community and 

the Islamic Federal Republic of the Comoros on fishing off the Oomoros is 

hereby repealed and replaced by this Protocol. 

Article 7 

lhis Protocol shall enter into force on the date of its signature. 

It shall apply from 20 July 1991. 

ZA-

Fiche  Financière 

1.  8 U 0 G ET  H E A C I NG  : 

420 

2.  Il ILE 

New  EEC/COMurtOS  F I Î M A N C I AL  PROTOC0L 

3.  L C C AL  B A S IS  : 

4 .  A IMS 

EEC/COMOROS AGREEMENT ON FISHING OFF THE COMOROS 

PROTOCOL FOR A PERIOD OF 1 YEAR: 

-  financial compensation 
-  scientific programme 

-  study programme 

F I N A N C I AL  I M P L I C A T I O NS 

C  E X P E N D I T U RE 

-  CHARGED  TO  THE  EC  8U0GET 
(REFUNDS/INTERVENTIONS) 

-  N A T I O N AL  A U T H O R I T I ES 

-  OTHER  NATIONAL  SOURCES 

.\  REVENUE 

-  O WN  R E S O U R C ES  OF  T HE EC 

( L E V I E S / C U S T OM  D U T I E S) 

-  N A T I O N AL 

O.I  U U L T i A N N U AL  T I M E T A B LE 

OF  E X P E N D I T U RE 

5.2  METHOD  OF  CALCULATION 

Our log  th«  fI t h i ng 

C U R R E NT  F I N A N C I AL  Y E AR 

(  1991 ) 

F O L L O W I NC  F I N A N C I AL  Y E AR 
t  1992  ) 

466.666 ECU 

466.666 ECU 

YEAR, 

1991 

466.666 ECU 

YEAR 

.1.992. 

466.666 ECU 

• 

-  Financial  contribution 
-  Scientific  programme 
-  Study  grants 

Financial  compensation 

300.000  ECU 
108.333 ECU 
58.333  ECU 

466.666  ECU 

6.0  C AN THE  P R O J E CT  BE  F I N A N C ED  F R OM  A P P R O P R I A T I O NS  E N T E R ED  IN  THE  R E L E V A NT  C H A P T ER  OF  THE  C U R R E NT  B U D C ET  ? 

6.1  C AN  THE  P R O J E CT  BE  F I N A N C ED  BY  T R A N S F ER  B E T W E EN  C H A P T E RS  OF  THE C U R R E NT  B U O G ET  ? 

6.2  W I LL  A  S U P P L E M E N T A RY  B U D C ET  BE  N E C E S S A RY  ? 

6.3  WILL  F U T U RE  B U D G ET  A P P R O P R I A T I O NS  BE  N E C E S S A RY  1 

YEStfXft 

X)É)s/NC 

JO» /NO 

YES/XX5X 

ISSN 0254-1475 

COM(91) 357 final 

DOCUMENTS 

EN- 

03 

Catalogue number : CB-CO-91-416-EN-C 

ISBN 92-77-75942-9 

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