2001/795/EC: Council Decision of 29 October 2001 on the signing, on behalf of the European Community, and the provisional application of two Agreements in the form of Exchanges of Letters concerning the extension of the Protocol establishing the fishing opportunities and financial compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Senegal on fishing off the coast of Senegal for the periods 1 May 2001 to 31 July 2001 and 1 August 2001 to 31 December 2001
Date: 2001-10-29
Institutions: Council of the European Union
Subjects: Senegal, agreement (EU), catch quota, financial compensation of an agreement, fishing agreement, fishing rights

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 29 October 2001

on the signing, on behalf of the European Community, and the provisional application of two
Agreements in the form of Exchanges of Letters concerning the extension of the Protocol estab-
lishing the fishing opportunities and financial compensation provided for in the Agreement
between the European Economic Community and the Government of the Republic of Senegal on
fishing off the coast of Senegal for the periods 1 May 2001 to 31 July 2001 and 1 August 2001 to
31 December 2001

(2001/795/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(5)

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

Having regard to the proposal from the Commission,

The method of allocating the fishing opportunities for
trawlers and tuna vessels among the Member States
under the expired Protocol and the method of allocating
the obligation on Community shipowners to land tuna
directly in Senegal, provided for in point C of Annex I to
the Protocol, should be confirmed,

Whereas:

HAS DECIDED AS FOLLOWS:

(1)

(2)

(3)

(4)

The European Community and the Republic of Senegal
have entered into negotiations to determine the amend-
ments or additions to be made to the Agreement
between the European Economic Community and the
Government of the Republic of Senegal on fishing off
the coast of Senegal at the end of the period of applica-
tion of the Protocol thereto.

During the negotiations,
the two Parties decided to
extend the current Protocol for two consecutive periods
of three months and five months by means of exchanges
of letters initialled on 23 April 2001 and 1 June 2001,
the negotiations on the
pending the conclusion of
amendments to be made to the Protocol.

The exchanges of letters provide Community fishermen
with fishing opportunities from 1 May 2001 to 31 July
2001 and from 1 August 2001 to 31 December 2001
in waters over which the Republic of Senegal has sover-
eignty or jurisdiction.

The extension must be applied at the earliest oppor-
tunity if fishing activities by Community vessels are not
to be interrupted. The Agreements in the form of
Exchanges of Letters should therefore be signed pending
a definitive decision under Article 37 of the Treaty.

Article 1

The signing of the two Agreements in the form of Exchanges
of Letters concerning the extension of the Protocol establishing
the fishing opportunities and financial compensation provided
for
in the Agreement between the European Economic
Community and the Government of the Republic of Senegal on
fishing off the coast of Senegal for the periods 1 May 2001 to
31 July 2001 and 1 August 2001 to 31 December 2001 is
hereby approved on behalf of the Community, subject to the
Council Decision concerning the conclusion of the said Agree-
ments.

The texts of the two Agreements are annexed to this Decision.

Article 2

The two Agreements referred to in Article 1 shall be provision-
ally applied by the European Community from 1 May 2001.

Article 3

The fishing opportunities for trawlers and tuna vessels estab-
lished pro rata temporis by Article 1 of the Protocol shall be
allocated among the Member States as follows:

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Category 1:

331 GRT

Category 2:

3 750 GRT

Category 3:

1 800 GRT

Greece

Spain

800 GRT

1 000 GRT

Italy

Spain

Category 4:

4 119 GRT

3 749 GRT

370 GRT

Spain

Portugal

Category 5:

5 vessels

7 vessels

Category 6:

23 vessels

18 vessels

Category 7:

20 vessels

Spain

France

Spain

France

Spain

Article 4

The percentage of the catch that owners of Community tuna
seiners are obliged to land directly in accordance with point C
of Annex I to the Protocol establishing the fishing opportuni-
ties and financial compensation provided for in the Agreement
between the European Economic Community and the Govern-
ment of the Republic of Senegal on fishing off the coast of
Senegal for the periods 1 May 2001 to 31 July 2001 and 1
August 2001 to 31 December 2001 shall be pro rata temporis
as follows:

— vessels flying the French flag: 44 %
— vessels flying the Spanish flag: 56 %.

Article 5

The President of the Council is hereby authorised to designate
the person or persons empowered to sign the two Agreements
in the form of Exchanges of Letters on behalf of
the
Community subject to their conclusion.

3 vessels

Portugal.

Done at Luxembourg, 29 October 2001.

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.

For the Council

The President

M. AELVOET

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FIRST AGREEMENT

AGREEMENT

in the form of an Exchange of Letters concerning the extension of the protocol establishing the
fishing opportunities and financial compensation provided for in the agreement between the
European Economic Community and the Government of the Republic of Senegal on fishing off the
coast of Senegal for the period from 1 May 2001 to 31 July 2001

A. Letter from the Community

Sirs,

I have the honour to confirm that we agree to the following interim arrangements for the extension of the
Fisheries Agreement between the Government of the Republic of Senegal and the European Economic
Community, pending the conclusion of the negotiations on the amendments to be made to the Protocol to
the Fisheries Agreement:

1. The arrangements applicable over the last four years shall be extended for a period from 1 May 2001 to
31 July 2001. The Community's financial contribution under the interim arrangements shall correspond
pro rata temporis to that provided for in Article 3 of the Protocol currently in force. The payment shall
be made no later than 31 October 2001.

2. During the interim period, licences shall be issued within the limits laid down in Articles 1 and 2 of the
current Protocol on payment of fees or advances corresponding pro rata temporis to those laid down in
point A of Annex I and point A of Annex II to the Protocol.

I should be obliged if you would acknowledge receipt of this letter and confirm that you are in agreement
with its contents.

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

On behalf of the Council of the European Union

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B. Letter from the Government of the Republic of Senegal

Sirs,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

‘I have the honour to confirm that we agree to the following interim arrangements for the extension of
the Fisheries Agreement between the Government of the Republic of Senegal and the European
Economic Community, pending the conclusion of the negotiations on the amendments to be made to
the Protocol to the Fisheries Agreement:

1. The arrangements applicable over the last four years shall be extended for a period from 1 May
2001 to 31 July 2001. The Community's financial contribution under the interim arrangements
shall correspond pro rata temporis to that provided for in Article 3 of the Protocol currently in
force. The first payment shall be made no later than 31 October 2001.

2. During the interim period, licences shall be issued within the limits laid down in Articles 1 and 2 of
the current Protocol on payment of fees or advances corresponding pro rata temporis to those laid
down in point A of Annex I and point A of Annex II to the Protocol.

I should be obliged if you would acknowledge receipt of this letter and confirm that you are in
agreement with its contents.’

I have the honour to confirm that the above is acceptable to the Government of the Republic of Senegal
and that your letter and this letter constitute an agreement in accordance with your proposal.

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

For the Government of the Republic of Senegal

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SECOND AGREEMENT

AGREEMENT

in the form of an Exchange of Letters concerning the extension of the protocol establishing the
fishing opportunities and financial compensation provided for in the agreement between the
European Economic Community and the Government of the Republic of Senegal on fishing off the
coast of Senegal for the period from 1 August 2001 to 31 December 2001

A. Letter from the Community

Sirs,

I have the honour to confirm that we agree to the following interim arrangements for the extension of the
Fisheries Agreement between the Government of the Republic of Senegal and the European Economic
Community, pending the conclusion of the negotiations on the amendments to be made to the Protocol to
the Fisheries Agreement:

1. The arrangements applicable over the last four years shall be extended for a period from 1 August 2001
to 31 December 2001. The Community's financial contribution under the interim arrangements shall
correspond pro rata temporis to that provided for in Article 3 of the Protocol currently in force. The
payment shall be made no later than 31 December 2001.

2. During the interim period, licences shall be issued within the limits laid down in Articles 1 and 2 of the
current Protocol on payment of fees or advances corresponding pro rata temporis to those laid down in
point A of Annex I and point A of Annex II to the Protocol.

I should be obliged if you would acknowledge receipt of this letter and confirm that you are in agreement
with its contents.

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

On behalf of the Council of the European Union

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B. Letter from the Government of the Republic of Senegal

Sirs,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

‘I have the honour to confirm that we agree to the following interim arrangements for the extension of
the Fisheries Agreement between the Government of the Republic of Senegal and the European
Economic Community, pending the conclusion of the negotiations on the amendments to be made to
the Protocol to the Fisheries Agreement:

1. The arrangements applicable over the last four years shall be extended for a period from 1 August
2001 to 31 December 2001. The Community's financial contribution under the interim arrange-
ments shall correspond pro rata temporis to that provided for in Article 3 of the Protocol currently
in force. The payment shall be made no later than 31 December 2001.

2. During the interim period, licences shall be issued within the limits laid down in Articles 1 and 2 of
the current Protocol on payment of fees or advances corresponding pro rata temporis to those laid
down in point A of Annex I and point A of Annex II to the Protocol.

I should be obliged if you would acknowledge receipt of this letter and confirm that you are in
agreement with its contents.’

I have the honour to confirm that the above is acceptable to the Government of the Republic of Senegal
and that your letter and this letter constitute an agreement in accordance with your proposal.

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

For the Government of the Republic of Senegal