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 extending for the period 1 July 2003 to 30 June 2004 the period of validity of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Republic of Côte d'Ivoire on fishing off the coast of Côte d'Ivoire
Date: 2003-09-23
Institutions: European Commission
Subjects: Côte d'Ivoire, agreement (EU), deep-sea fishing, financial compensation of an agreement, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23.9.2003
COM(2003) 557 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 extending for the period 1 July 2003 to
30 June 2004 the period of validity of the Protocol setting out the fishing opportunities
and financial contribution provided for in the Agreement between the European
Economic Community and the Republic of Côte d’Ivoire on fishing off the coast of
Côte d’Ivoire

(presented by the Commission)

EXPLANATORY MEMORANDUM

The  Protocol  to  the  Fisheries  Agreement  between  the  European  Community  and  the
Government of Côte d’Ivoire expired on 30 June 2003.

Having regard to the current situation in Côte d’Ivoire, the two parties have decided to extend
the  period  of  validity  of  the  Protocol  by  one  year,  from  1 July  2003  to  30 June  2004.  The
extension,  in  the  form  of  an  exchange  of  letters,  was  initialled  by  the  two  parties
on 16 May 2003,  in  order  to  set  out  the  technical  and  financial  conditions  governing  the
fishing activities of EC vessels in Ivorian waters for the period 1 July 2003 to 30 June 2004.

A benefit of the extension is that it gives the Ivorian authorities sufficient time to utilise the
funds  and  draw  up  the  reports  on  the  implementation  of  the  support  programme  for  the
sustainable  management  of  fisheries  resources  in  the  framework  of  targeted  measures,  the
latter being behind schedule.

The  Commission  accordingly  proposes  that  the  Council  adopt  a  decision  applying  the
Agreement in the form of an exchange of letters on a provisional basis, 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 extending the period of validity 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 extending for the period 1 July 2003 to
30 June 2004 the period of validity of the Protocol setting out the fishing opportunities and
financial contribution provided for in the Agreement between the European Economic
Community and the Republic of Côte d’Ivoire on fishing off the coast of Côte d’Ivoire

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission1,

Whereas:

(1)

(2)

(3)

(4)

Under the terms of the Agreement between the European Economic Community and the
Republic  of  Côte  d’Ivoire  on  fishing  off  the  coast  of  Côte  d’Ivoire2,  the  contracting
parties are, prior to the expiry of the period of validity of the Protocol to the Agreement,
to enter into negotiations to determine by mutual agreement the contents of the Protocol
for  the  period  that  follows  and,  where  applicable,  the  amendments  or  additions  to  be
made to the Annex thereto.

The two parties have decided that, pending negotiations on amendments to the Protocol,
the period of validity of the current Protocol approved by Regulation (EC) No 722/20013
should be extended by one year by means of an agreement in the form of an exchange of
letters initialled on 16 May 2003.

By  virtue  of  the  exchange  of  letters,  Community  fishermen  are,  from 1 July  2003
to 30 June 2004,  entitled  to  fishing  opportunities  in  waters  under  the  sovereignty  or
jurisdiction of Côte d’Ivoire.

To avoid any interruption in the fishing activities of Community vessels it is essential that
the extension should come into effect as soon as possible. It is therefore advisable to sign
the agreement in the form of an exchange of letters and apply it provisionally pending the
completion of the procedures required for concluding it.

(5)

The method of allocating the fishing opportunities among Member States on the basis of
the Protocol that has expired should be confirmed.

1

2

3

OJ C … of …, p. …
OJ L 379, 31.12.1990.
OJ L 102, 12.4.2001.

3

                                                
HAS DECIDED AS FOLLOWS:

Article 1

The signing of the Agreement, in the form of an exchange of letters, extending from 1 July 2003
to 30 June  2004  the  period  of  validity  of  the  Protocol  setting  out  the  fishing  opportunities  and
financial  contribution  provided  for  in  the  Agreement  between  the  European  Economic
Community and the Republic of Côte d’Ivoire on fishing off the coast of Côte d’Ivoire is hereby
approved on behalf of the Community, pending a Council Decision to conclude the Agreement.

The text of the Agreement is attached to this Decision.

The Agreement shall apply provisionally from 1 July 2003.

Article 2

Article 3

The fishing opportunities set out in the Protocol shall be allocated among the Member States as
follows:

(a)

demersal fishing:

Spain:

600 GRT per month, annual average

(b)

tuna fishing:

(i)

tuna seiners

– 

– 

France:

Spain:

18 vessels

21 vessels

(ii)

surface longliners

– 

– 

Spain:

15 vessels

Portugal :

5 vessels

(iii) pole-and-line tuna vessels

– 

– 

France :

7 vessels

Spain:

5 vessels.

If  licence  applications  from  these  Member  States  do  not  cover  all  the  fishing  opportunities
available under the Protocol, the Commission may consider licence applications from any other
Member State.

4

Article 4

Member  States  whose  vessels  operate  under  this  Agreement  shall,  in  accordance  with  the
detailed rules laid down in Commission Regulation (EC) No 500/20014, notify the Commission
of the quantities of each stock caught in the fishing area of Côte d’Ivoire.

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  on  behalf  of  the  Community  pending  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 extending from 1 July 2003 to 30 June 2004
the period of validity of the Protocol setting out the fishing opportunities and
financial contribution provided for in the Agreement between the European
Economic Community and the Republic of Côte d’Ivoire on fishing off the coast
of Côte d’Ivoire

A.

Letter from the Community

Sirs,

For  the  extension  of  the  Protocol  currently  in  force  (1 July  2000  to 30 June  2003)
setting  out  the  fishing  opportunities  and  financial  contribution  provided  for  in  the
Fisheries  Agreement  between 
the
Government  of  the  Republic  of  Côte  d’Ivoire,  and  pending  the  negotiations  on  the
amendments to be made to the Protocol, I have the honour to confirm that we agree to
the following interim arrangements:

the  European  Economic  Community  and 

1.

The period of validity of the arrangements applicable over the last three years
will be extended for the period from 1 July 2003 to 30 June 2004.

The Community's financial contribution under the interim arrangements will
be  equal  to  the  annual  amount  provided  for  in  Article 3  of  the  Protocol
currently  in  force.  This  financial  contribution  will  be  paid  by 31 December
2003 at the latest. Payment for the targeted measures specified in Articles 3
and 4 will be made once the relevant conditions provided for in Article 4 of
the Protocol have been fulfilled.

2.

During the interim period, fishing licences will be granted within the limits
applicable under Article 1 of the Protocol currently in force, against payment
of  fees  or  advances  equal  to  those  set  out  at  point 1  of  the  Annex  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 Côte d’Ivoire

Sirs,

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

"For  the  extension  of  the  Protocol  currently  in  force  (1 July  2000  to 30 June  2003)
setting  out  the  fishing  opportunities  and  financial  contribution  provided  for  in  the
Fisheries  Agreement  between 
the
Government  of  the  Republic  of  Côte  d’Ivoire,  and  pending  the  negotiations  on  the
amendments to be made to the Protocol, I have the honour to confirm that we agree to
the following interim arrangements:

the  European  Economic  Community  and 

1.

The period of validity of the arrangements applicable over the last three years
will be extended for the period from 1 July 2003 to 30 June 2004.

The Community's financial contribution under the interim arrangements will
be  equal  to  the  annual  amount  provided  for  in  Article 3  of  the  Protocol
currently  in  force.  This  financial  contribution  will  be  paid  by 31 December
2003 at the latest. Payment for the targeted measures specified in Articles 3
and 4 will be made once the relevant conditions provided for in Article 4 of
the Protocol have been fulfilled.

2.

During the interim period, fishing licences will be granted within the limits
applicable under Article 1 of the Protocol currently in force, against payment
of  fees  or  advances  equal  to  those  set  out  at  point 1  of  the  Annex  to  the
Protocol."

I  have  the  honour  to  confirm  that  the  above  is  acceptable  to  the  Government  of
Côte d’Ivoire 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 Côte d’Ivoire.

7