2003/431/EC: Council Decision of 11 June 2003 on the signing, on behalf of the 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 Community and the Government of Mauritius on fishing in Mauritian waters for the period 3 December 2002 to 2 December 2003
Date: 2003-06-11
Institutions: Council of the European Union
Subjects: Mauritius, agreement (EU), catch quota, deep-sea fishing, financial compensation of an agreement, fishing rights

L 147/38

EN

Official Journal of the European Union

14.6.2003

COUNCIL

COUNCIL DECISION

of 11 June 2003

on the signing, on behalf of the 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
Community and the Government of Mauritius on fishing in Mauritian waters for the period 3
December 2002 to 2 December 2003

(2003/431/EC)

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 Commission,

Whereas:

(1)

(2)

(3)

(4)

In accordance with Article 12(3) of
the Agreement
between the European Economic Community and the
Government of Mauritius on fishing in Mauritian
waters (1), the Contracting Parties must enter into nego-
tiations, before the end of the period of validity of the
Protocol to the Agreement,
in order to determine by
common agreement the terms of the Protocol for the
following period and, where appropriate, any necessary
amendments or additions to the Annex.

in the absence of

Since,
information which it was
awaiting, Mauritius was not ready to begin the negotia-
tions, the two Parties decided to extend the existing
Protocol (2) approved by Regulation (EC) No 444/
2001 (3) for a period of one year by means of an Agree-
ment in the form of an Exchange of Letters initialled on
29 November 2002, pending the conclusion of
the
negotiations on the amendments to be made to the
Protocol.

Under this Agreement in the form of an Exchange of
Letters, Community fishermen have fishing opportunities
in the waters under the sovereignty or jurisdiction of
Mauritius
the period 3 December 2002 to 2
December 2003.

for

The extension must be applied at the earliest opportu-
nity 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, subject
to its definitive conclusion by the Council, and applied
provisionally.

(1) OJ L 159, 10.6.1989, p. 2.
(2) OJ L 180, 19.7.2000, p. 30.
(3) OJ L 64, 6.3.2001, p. 1.

(5)

The allocation of the fishing opportunities among the
Member States under the expired Protocol should be
confirmed,

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 Community and the
Government of Mauritius on fishing in Mauritian waters for the
period 3 December 2002 to 2 December 2003 is hereby
approved on behalf of the Community, subject to the Council
decision on the conclusion of the said Agreement.

The text of the Agreement in the form of an Exchange of
Letters is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement in the form of
an Exchange of Letters on behalf of the Community, subject to
its conclusion.

Article 3

The Agreement in the form of an Exchange of Letters shall be
applied provisionally in the European Community with effect
from 3 December 2002.

Article 4

The fishing opportunities fixed in Article 1 of the Protocol shall
be allocated among the Member States as follows:

(a) Tuna seiners:

France

Spain

Italy

United Kingdom

20

20

2

1;

14.6.2003

EN

Official Journal of the European Union

L 147/39

(b) Surface longliners:

Article 5

Spain

France

Portugal

(c) Vessels fishing by line:

19

13

8;

The Member States whose vessels fish under the Agreement in
the form of an Exchange of Letters shall notify the Commission
of the quantities of each stock caught within the Mauritian
fishing zone in accordance with Commission Regulation (EC)
No 500/2001 (1).

France

25 grt per month, based on an annual average.

Done at Luxembourg, 11 June 2003.

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

G. DRYS

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