2002/40/EC: Council Decision of 6 December 2001 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol establishing the fishing opportunities and the compensation provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau for the period 16 June 2001 to 15 June 2006
Date: 2001-12-10
Institutions: Council of the European Union
Subjects: Guinea-Bissau, agreement (EU), catch quota, financial compensation of an agreement, fishing agreement

L 19/32

EN

Official Journal of the European Communities

22.1.2002

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 6 December 2001

on the conclusion of the Agreement in the form of an Exchange of Letters concerning the
provisional application of the Protocol establishing the fishing opportunities and the compensation
provided for in the Agreement between the European Economic Community and the Government
of the Republic of Guinea-Bissau on fishing off the coast of Guinea-Bissau for the period 16 June
2001 to 15 June 2006

(2002/40/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(6)

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

Whereas:

(1)

(2)

(3)

(4)

(5)

In accordance with the Agreement between the Euro-
pean Economic Community and the Government of the
Republic of Guinea-Bissau on fishing off the coast of
Guinea Bissau (1), the Community and the Republic of
Guinea-Bissau have conducted negotiations to determine
any amendments or additions to be made to the Agree-
ment at the end of the period of application of the
Protocol annexed thereto.

As a result of those negotiations, a new Protocol estab-
lishing the fishing opportunities and the compensation
provided for in the Agreement was initialled on 30 May
2001.

Under this Protocol, Community fishermen enjoy fishing
opportunities in the waters falling within the sovereignty
or jurisdiction of the Republic of Guinea-Bissau for the
period from 16 June 2001 to 15 June 2006.

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 16 June 2001.

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

(1) OJ L 226, 29.8.1980, p. 34.

HAS DECIDED AS FOLLOWS:

Article 1

in the form of an Exchange of Letters
The Agreement
concerning the provisional application of the Protocol estab-
lishing the fishing opportunities and the financial contribution
provided for
in the Agreement between the European
Economic Community and the Government of the Republic of
Guinea-Bissau on fishing off the coast of Guinea-Bissau for the
period 16 June 2001 to 15 June 2006 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 provided for in the Protocol shall be
allocated among the Member States as follows:

(a) shrimps:

— Italy
— Spain
— Portugal
— Greece

(b) fin-fish/cephalopods:

— Spain
— Italy
— Greece

3 900 GRT
2 400 GRT
3 050 GRT
250 GRT

1 870 GRT
500 GRT
430 GRT

22.1.2002

EN

Official Journal of the European Communities

L 19/33

(c) tuna seiners:
— Spain
— France
— Italy

(d) surface longliners and pole-and-line vessels:

— Spain
— France
— Portugal

20 vessels
19 vessels
1 vessel

25 vessels
6 vessels
5 vessels.

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

Article 3

The Member States whose vessels are fishing under
this
Protocol are obliged to notify the Commission of the quantities
of each stock taken in Guinea-Bissau's fishing zone in accord-

ance with the arrangements laid down in Commission Regula-
tion (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
taken by
Community fishing vessels in third country waters and on the
high seas (1).

catches

Article 4

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 Brussels, 6 December 2001.

For the Council

The President

I. DURANT

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