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 2003 to 31 December 2003
Date: 2003-03-10
Institutions: European Commission
Subjects: Guinea, fishing agreement, fishing area, interim agreement (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 10.3.2003
COM(2003) 108 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 2003 to 31 December 2003

(presented by the Commission)

EXPLANATORY MEMORANDUM

The  Protocol  to  the  Fisheries  Agreement  between  the  European  Community  and  the
Revolutionary  People's  Republic  of  Guinea  expired  on  31  December  2001.  Pending  the
negotiations on the amendments to be made to the  Protocol to the  Fisheries  Agreement,  the
two  parties  had  decided  to  extend  the  expired  Protocol  for  a  period  of  one  year,  from
1 January 2002 to 31 December 2002.

During  this  period,  a  scientific  trawl  survey  aimed  at  evaluating  the  state  of  resources  direct
should have been conducted in Guinean waters. As a result of technical problems affecting the
research ship which was to carry out the survey in June 2002, the operation was postponed until
October  2002,  and  the  two  parties  came to  realise  that  the  technical  and  scientific  data  which
they were awaiting would not now be available until the beginning of 2003. Since this  data is
highly  relevant  from  the  point  of  view  of  renegotiating  a  new  longer-term  Protocol,  the  two
parties have agreed on a second one-year extension. This extension, in the form of an Exchange
of  Letters,  was  initialled  by  both  parties  and  sets  out  the  technical  and  financial  conditions
governing the fishing activities of Community vessels off the Guinean coast during the period
1 January 2003 to 31 December 2003.

During  2003,  scientific  data  will  be  gathered  and/or  analysed  in  order  to  ensure  that  any
proposal  for  a  new  Protocol  or  an  extension  of  the  existing  Protocol  can  guarantee  the
sustainable exploitation of the fisheries resources which are the subject of the Agreement.

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 2003 to 31 December 2003

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article 37 in conjunction with Article 300(2) thereof,

Having regard to the proposal from the Commission1,

Whereas:

(1)

(2)

(3)

(4)

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 decided to extend the current Protocol3 for a
second  one-year  period  by  means  of  an  Agreement  in  the  form  of  an  Exchange  of
Letters, 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 2003 to 31 December 2003.

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  therefore  be  signed,  pending  a  definitive  decision  under
Article 37 of the Treaty, and applied provisionally.

(5)

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

1

2

3

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. The Protocol was extended
by one year by Council Regulation (EC) No 924/2002 of 30.5.2002 (OJ L 144, 1.6.2002).

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 2003 to 31 December 2003 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 2003.

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 Member States whose vessels fish under this Agreement shall notify the Commission of
the  quantities  of  each  stock  caught  within  the  fishing  zone  of  the  Republic  of  Guinea  in
accordance with Commission Regulation (EC) No 500/20014.

Article 5

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

4

OJ L 73, 15.3.2001, p. 8.

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 2003 to 31 December 2003

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, extended
from 1 January 2002 to 31 December 2002) setting out the fishing opportunities and financial
contribution  provided  for  in  the  Fisheries  Agreement  between  the  Government  of  the
Revolutionary  People's  Republic  of  Guinea  and  the  European  Economic  Community  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 three years will be extended for the period
from 1 January 2003 to 31 December 2003. 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 2003. 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, extended
from 1 January 2002 to 31 December 2002) setting out the fishing opportunities and financial
contribution  provided  for  in  the  Fisheries  Agreement  between  the  Government  of  the
Revolutionary  People's  Republic  of  Guinea  and  the  European  Economic  Community  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 three years will be extended for the period
from 1 January 2003 to 31 December 2003. 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 2003. 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