Proposal for a Council Decision on the signing, on behalf of the European Community, and provisional application of the Agreement in the form of an Exchange of Letters concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Revolutionary People's Republic of Guinea on fishing off the Guinean coast for the period 1 January 2002 to 31 December 2002
Date: 2002-01-28
Institutions: European Commission
Subjects: Guinea, agreement (EU), deep-sea fishing, financial equalisation, fishing industry

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 28.1.2002
COM(2002) 40 final

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Community, and provisional application of the
Agreement in the form of an Exchange of Letters concerning the extension of the
Protocol setting out the fishing opportunities and financial contribution provided for in
the Agreement between the European Economic Community and the Government of the
Revolutionary People's Republic of Guinea on fishing off the Guinean coast for the
period 1 January 2002 to 31 December 2002

(presented by the Commission)

EXPLANATORY MEMORANDUM

The  Protocol  to  the  Fisheries  Agreement  between  the  European  Community  and  the
Revolutionary People's Republic of Guinea is due to expire on 31 December 2001. Pending
the negotiations on the amendments to be made  to the Protocol  to the Fisheries  Agreement,
the two parties have decided to extend the expired Protocol for a further year. This extension
of  the  Protocol,  in  the  form  of  an  Exchange  of  Letters,  was  initialled  by  both  parties  on
22 October  2001  and  sets  out  the  technical  and  financial  conditions  governing  the  fishing
activities  of  Community  vessels  off  the  Guinean  coast  during  the  period  1  January  to
31 December 2002.

The Commission proposes, on this basis, that the Council adopt by Decision the provisional
application  of  the  Agreement  in  the  form  of  an  Exchange  of  Letters  pending  its  definitive
entry into force.

A proposal  for  a Council  Regulation  on  the  conclusion  of  the  Agreement  in  the  form  of  an
Exchange of Letters on the extension of the Protocol is the subject of a separate procedure.

2

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Community, and provisional application of the
Agreement in the form of an Exchange of Letters concerning the extension of the Protocol
setting out the fishing opportunities and financial contribution provided for in the
Agreement between the European Economic Community and the Government of the
Revolutionary People's Republic of Guinea on fishing off the Guinean coast for the period
1 January 2002 to 31 December 2002

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission1,

Whereas:

(1)

(2)

(3)

(4)

(5)

1

2

3

The  European  Community  and  the  Republic  of  Guinea  have  held  negotiations  to
determine  the  amendments  or  additions  to  be  made  to  the  Agreement  between  the
European  Economic  Community  and  the  Government  of  the  Revolutionary  People's
Republic  of  Guinea  on  fishing  off  the  Guinean  coast2  at  the  end  of  the  period  of
application of the Protocol thereto.

During the negotiations, the two parties have decided to extend the current Protocol3 for
one year by means of an Agreement in the form of an Exchange of Letters initialled on
22 October  2001,  pending  the  conclusion  of  the  negotiations  on  the  amendments  to  be
made to the Protocol.

Under this Exchange of Letters, Community fishermen have fishing opportunities in the
waters  under  the  sovereignty  or  jurisdiction  of  the  Republic  of  Guinea  for  the  period
1 January to 31 December 2002.

The  extension  must  be  applied  at  the  earliest  opportunity  if  fishing  activities  by
Community vessels are not to be interrupted. The Agreement in the form of an Exchange
of Letters should be signed, pending a definitive decision under Article 37 of the Treaty.

The method of allocating the fishing opportunities for trawlers and tuna boats among the
Member States under the expired Protocol should be confirmed,

OJ C …, …, p. ...
OJ L 111, 27.4.1983, p. 1.
The  current  Protocol  was  approved  by  Council  Regulation  (EC)  No  445/2001  of  26  February  2001  (OJ
L 64, 6.3.2001). For the text of the Protocol, see OJ L 250, 5.10.2000.

3

                                                
HAS DECIDED AS FOLLOWS:

Article 1

The signature of the Agreement in the form of an Exchange of Letters concerning the extension
of the Protocol setting out the fishing opportunities and financial contribution provided for in the
Agreement  between  the  European  Economic  Community  and  the  Government  of  the
Revolutionary  People's  Republic  of  Guinea  on  fishing  off  the  Guinean  coast  for  the  period
1 January  to  31  December  2002  is  hereby  approved  on  behalf  of  the  Community,  pending  the
Council Decision on conclusion of the Agreement.

The text of the Agreement is attached to this Decision.

The  Agreement  referred  to  in  Article  1  shall  apply  provisionally  in  the  European  Community
with effect from 1 January 2002 .

Article 2

The fishing opportunities for trawlers and tuna boats fixed in Article 1 of the Protocol shall be
allocated among the Member States as follows:

Article 3

(a) fin-fish/cephalopods:

(b) shrimps

(c) tuna seiners

Spain

Italy

Greece

Spain

Portugal

Greece

France

Spain

(d) pole-and-line tuna vessels:

France

(e) surface longliners

Spain

Spain

Portugal

844 GRT

750 GRT

906 GRT

1 050 GRT

300 GRT

150 GRT

19 vessels

19 vessels

7 vessels

7 vessels

14 vessels

2 vessels

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.

4

Article 4

The President of the Council is hereby authorised to designate the persons empowered to sign the
Agreement in the form of an Exchange of Letters in order to bind the Community, subject to its
conclusion.

Done at

For the Council
The President

5

AGREEMENT

in the form of an Exchange of Letters concerning the extension of the Protocol
setting out the fishing opportunities and financial contribution provided for in
the Agreement between the European Economic Community and the
Government of the Revolutionary People's Republic of Guinea on fishing off the
Guinean coast for the period 1 January to 31 December 2002

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 Protocol currently in force (1 January 2000 to 31 December 2001)
setting  out  the  fishing  opportunities  and  financial  contribution  provided  for  in  the
Agreement between the European Economic Community and the Government of the
Revolutionary People's Republic of Guinea on fishing off the Guinean coast, pending
the  negotiations  on  the  amendments  to  be  made  to  the  Protocol  to  the  Fisheries
Agreement:

1.

2.

The arrangements applicable over the last two years will be extended for the
period  from  1 January  to  31  December  2002.  The  Community's  financial
contribution  under  the  interim  arrangements  will  correspond  to  the  yearly
amount provided for in Article 2 of the Protocol currently in force. Payment
will  be  made  no  later  than  30  June  2002.  Payment  of  the  financial
contribution provided for in Article 6 and the terms relating thereto will also
apply.

During the interim period, fishing licences will be granted within the limits
set  in  Article 1  of  the  Protocol  currently  in  force,  by  means  of  fees  or
advances corresponding to those set in point 1 of the Annex to the Protocol.
The fees applicable to trawlers will be those for the second year.

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

6

B.

Letter from the Government of the Republic of Guinea

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  Protocol  currently  in  force  (1  January  2000  to  31  December
2001) setting out the fishing opportunities and financial contribution provided for in
the Agreement  between the  European  Economic  Community  and  the  Government  of
the  Revolutionary  People's  Republic  of  Guinea  on  fishing  off  the  Guinean  coast,
pending  the  negotiations  on  the  amendments  to  be  made  to  the  Protocol  to  the
Fisheries Agreement:

1.

2.

The arrangements applicable over the last two years will be extended for the
period  from  1 January  to  31  December  2002.  The  Community's  financial
contribution  under  the  interim  arrangements  will  correspond  to  yearly
amount provided for in Article 2 of the Protocol currently in force. Payment
will  be  made  no  later  than  30  June  2002.  Payment  of  the  financial
contribution provided for in Article 6 and the terms relating thereto will also
apply.

During the interim period, fishing licences will be granted within the limits
set  in  Article 1  of  the  Protocol  currently  in  force,  by  means  of  fees  or
advances corresponding to those set in point 1 of the Annex to the Protocol.
The fees applicable to trawlers will be those for the second year.

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  Guinea  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 Guinea

7