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, for the period 1 June 1999 to 31 May 2002, the fishing opportunities and the financial contribution provided for by the Agreement between the European Community and the Government of the Democratic Republic of São Tomé e Principe on fishing off the coast of São Tomé e Principe
Date: 1999-10-07
Institutions: European Commission
Subjects: São Tomé and Príncipe, financial compensation of an agreement, fishing agreement, fishing licence

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 7.10.1999
COM(1999)462 final

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, for the period
1 June 1999 to 31 May 2002, the fishing opportunities and the financial
contribution provided for by the Agreement between the European Community
and the Government of the Democratic Republic of São Tomé e Principe on
fishing off the coast of São Tomé e Principe

(presented by the Commission)

EXPLANATORY MEMORANDUM

The Protocol to the Fisheries Agreement between the European Community and São
Tomé e Principe expired on 31 May 1999. A new Protocol fixing the technical and
financial conditions governing the fishing activities of Community vessels in the waters
of São Tomé e Principe during the period 1 June 1999 to 31 May 2002 was initialled by
both parties on 31 May 1999 .

The Commission proposes, on this basis, that the Council adopt by Decision, the draft
Agreement
letters concerning the provisional
application of the new Protocol, pending its definitive entry into force.

in the form of an exchange of

A proposal for a Council Regulation concerning the conclusion of the new Protocol is
subject of a separate procedure.

2

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, for the period
1 June 1999 to 31 May 2002, the fishing opportunities and the financial
contribution provided for by the Agreement between the European Community
and the Government of the Democratic Republic of São Tomé e Principe on
fishing off the coast of São Tomé e Principe

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 Democratic Republic of São Tomé e Principe on fishing off the coast of São Tomé
e Principe,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

The Community and São Tomé have held negotiations with a view to
determining amendments or additions to be made to the above-mentioned
Agreement at the end of the period of application of the current Protocol
annexed to the Agreement;

As a result of
31 May 1999;

those negotiations, a new Protocol was initialled on

Under this Protocol, Community fishermen may fish in waters under the
sovereignty or jurisdiction of São Tomé e Principe from 1 June 1999 to
31 May 2002;

In order to avoid interruption of fishing activities by Community vessels, it is
essential that the said Protocol be approved as quickly as possible; both
Contracting 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; the Agreement in the form of an exchange of letters should be
approved subject to a definitive decision under Article 37 of the Treaty;

(5)

The method for allocating the fishing opportunities among the Member States
should be defined on the basis of the traditional allocation of fishing
opportunities under the Fisheries Agreement,

3

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, for the period 1 June 1999 to 31 May 2002, the
fishing opportunities and the financial contribution provided for by the Agreement
between the European Community and the Government of the Democratic Republic of
São Tomé e Principe on fishing off the coast of São Tomé e Principe is hereby approved
on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The fishing opportunities fixed in the Protocol shall be allocated among the Member
States as follows:

– freezer tuna seiners: France 18, Spain 18;

– pole-and-line tuna vessels: France 7;

– Surface longliners: Spain 28, Portugal 5.

If licence applications from these Member States do not cover all
the fishing
opportunities fixed by the Protocol, the Commission may take into consideration licence
applications from any other Member State.

Article 3

The President of the Council is hereby authorised to designate the persons empowered to
in the form of an exchange of letters in order to bind the
sign the Agreement
Community.

Done at Brussels,

For the Council
The President

4

ANNEX

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS
CONCERNING THE PROVISIONAL APPLICATION OF THE PROTOCOL
SETTING OUT, FOR THE PERIOD 1 JUNE 1999 TO 31 MAY 2002, THE
FISHING OPPORTUNITIES AND THE FINANCIAL CONTRIBUTION
PROVIDED FOR BY THE AGREEMENT BETWEEN THE EUROPEAN
COMMUNITY AND THE GOVERNMENT OF THE DEMOCRATIC
REPUBLIC OF SÃO TOMÉ E PRINCIPE ON FISHING OFF THE COAST OF
SÃO TOMÉ E PRINCIPE

A. Letter from the Government of the Democratic Republic of São Tomé e Principe

Sir,

With reference to the Protocol
initialled on 31 May 1999 setting out fishing
opportunities and financial compensation for the period from 1 June 1999 to
31 May 2002, I have the honour to inform you that the Government of the Democratic
Republic of São Tomé e Principe is prepared to apply the Protocol on a provisional
basis with effect from 1 June 1999, pending its entry into force in accordance with
Article 7 of the said Protocol, provided the European Community is disposed to do
the same.

This is on the understanding that the first instalment of the financial compensation
specified in Article 2 of the Protocol is paid by 31 October 1999.

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

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

For the Government of the Democratic
Republic of São Tomé e Principe

5

B. Letter from the European 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 31 May 1999 setting out fishing
opportunities and financial compensation for the period from 1 June 1999 to
31 May 2002, I have the honour to inform you that the Government of the
Democratic Republic of São Tomé e Principe is prepared to apply the
Protocol on a provisional basis with effect from 1 June 1999, pending its
entry into force in accordance with Article 7 of the said Protocol, provided
the European Community is disposed to do the same.

This is on the understanding that
the first
compensation specified in Article 2 of
31 October 1999.

instalment of the financial
is paid by
the Protocol

I should be obliged if you would confirm the European Community's
agreement to such provisional application."

I have the honour to confirm the European Community's agreement
provisional application.

to such

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

On behalf of the Council of the
European Union

6