2001/790/EC: Council Decision of 29 October 2001 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 Democratic Republic of Madagascar on fishing off Madagascar for the period from 21 May 2001 to 20 May 2004
Date: 2001-10-29
Institutions: Council of the European Union
Subjects: Madagascar, catch quota, financial compensation of an agreement, fishing agreement, fishing area, fishing rights

14.11.2001

EN

Official Journal of the European Communities

L 296/7

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 29 October 2001

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 contribu-
tion provided for in the Agreement between the European Economic Community and the Demo-
cratic Republic of Madagascar on fishing off Madagascar for the period from 21 May 2001 to 20
May 2004

(2001/790/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 300(2) thereof,

basis of the traditional allocation of fishing opportunities
under the Fisheries Agreement,

Having regard to the proposal from the Commission,

HAS DECIDED AS FOLLOWS:

Whereas:

Article 1

(1)

(2)

(3)

(4)

(5)

(6)

Under the Agreement between the European Economic
Community and the Democratic Republic of Madagascar
on fishing off Madagascar (1), the two Parties conducted
negotiations to determine the amendments or additions
to be made to the Agreement at the end of the period of
application of the Protocol to the Agreement.

As a result of those negotiations, a new Protocol was
initialled on 12 March 2001.

Under this Protocol, Community fishermen enjoy fishing
opportunities in the waters falling within the sovereignty
or jurisdiction of the Republic of Madagascar for the
period from 21 May 2001 to 20 May 2004.

In order to ensure uninterrupted fishing activities by
Community vessels, it is essential that the new Protocol
be applied as quickly as possible. 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 21 May 2001.

The Agreement in the form of an Exchange of Letters
should be approved, pending a definitive decision under
Article 37 of the Treaty.

The method of allocating the fishing opportunities
among the Member States should be defined on the

(1) OJ L 73, 18.3.1986, p. 26.

The Agreement
in the form of an Exchange of Letters
concerning the provisional application of the Protocol setting
out the fishing opportunities and the financial contribution
provided for
in the Agreement between the European
Economic Community and the Democratic Republic of Mada-
gascar on fishing off Madagascar for the period from 21 May
2001 to 20 May 2004, is hereby approved on behalf of the
Community.

The texts of the Agreement in the form of an Exchange of
Letters and of the Protocol are attached to this Decision.

Article 2

The fishing opportunities set out
allocated among the Member States as follows:

in the Protocol shall be

(a) Tuna seiners:

(b) Surface longliners:

Spain:

France:

Italy:

Spain:

France:

18 vessels

20 vessels

2 vessels

23 vessels

10 vessels

Portugal:

7 vessels

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

L 296/8

EN

Official Journal of the European Communities

14.11.2001

Article 3

Article 4

this
The Member States whose vessels are fishing under
Protocol are obliged to notify the Commission of the quantities
of each stock taken in the Malagasy fishing zone in accordance
with the arrangements laid down in Commission Regulation
(EC) No 500/2001 of 14 March 2001, laying down detailed
rules for the application of Council Regulation (EEC) No 2847/
93 on the monitoring of catches taken by Community fishing
vessels in third country waters and on the high seas (1).

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

Done at Luxembourg, 29 October 2001.

For the Council

The President

M. AELVOET

(1) OJ L 73, 15.3.2001, p. 8.