98/70/EC: Council Decision of 18 December 1997 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing, for the period 1 July 1997 to 30 June 2000, the fishing rights and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea
Date: 1997-12-18
Institutions: Council of the European Union
Subjects: Equatorial Guinea, agreement (EU), financial compensation of an agreement, fishing agreement, fishing area, fishing licence

17. 1. 98

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Official Journal of the European Communities

L 11/29

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 18 December 1997

on the conclusion of the Agreement in the form of an Exchange of Letters
concerning the provisional application of the Protocol establishing, for the
period 1 July 1997 to 30 June 2000, the fishing rights and financial compensation
provided for in the Agreement between the European Economic Community
and the Government of the Republic of Equatorial Guinea on fishing off the
coast of Equatorial Guinea

(98/70/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community,

Having regard to the Agreement between the European
Economic Community and the Government of the Re-
public of Equatorial Guinea on fishing off the coast of
Equatorial Guinea (1), and in particular Article 12 thereof,

Having regard to the proposal from the Commission,

Whereas the Community and the Republic of Equatorial
Guinea held negotiations to determine the amendments
or additions to be made to the abovementioned Agree-
the
ment on the expiry of
Protocol thereto;

the application period of

Whereas, as a result of those negotiations, a new Protocol
was initialled on 25 June 1997;

Whereas the Protocol provides Community fishermen
with fishing opportunities in waters over which the Re-
public of Equatorial Guinea has sovereignty or jurisdic-
tion from 1 July 1997 to 30 June 2000;

Whereas, in order to avoid any longer interruption in the
fishing activities of Community vessels, it is essential that
the new Protocol be applied as soon as possible; whereas,

(1) OJ L 188, 16. 7. 1984, p. 2. Agreement as amended by the
Agreement approved by Regulation (EEC) No 252/87 (OJ L
29, 30. 1. 1987, p. 1).

for this reason, the two Parties have initialled an Agree-
ment in the form of an exchange of letters providing for
the provisional application of the initialled Protocol from
1 July 1997; 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
concerning the provisional application of the Protocol
establishing, for the period 1 July 1997 to 30 June 2000,
the fishing rights and financial compensation provided
for in the Agreement between the European Economic
the Republic of
Community and the Government of
Equatorial Guinea on fishing off the coast of Equatorial
Guinea is hereby approved on behalf of the Community.

The text of the Agreement in the form of an exchange of
letters is attached to this Decision (2).

Article 2

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

(2) See page 31 of this Official Journal.

L 11/30

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Official Journal of the European Communities

17. 1. 98

— freezer tuna seiners:

France: 19 vessels,

Spain: 10 vessels,

Italy: 1 vessel,

— surface longliners:

Spain: 25 vessels,

Portugal: 5 vessels,

— pole-and-line tuna vessels:

France: 8 vessels.

If licence applications from those Member States do not
in the
the fishing possibilities provided for
exhaust

Protocol, the Commission may consider licence applica-
tions 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.

Done at Brussels, 18 December 1997.

For the Council

The President

F. BODEN