Proposal for a Council Decision on the signature on behalf of the European Community and the 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 Republic of Cape Verde on fishing off the coast of Cape Verde for the period 1 July 2004 to 30 June 2005
Date: 2004-03-22
Institutions: European Commission
Subjects: Cabo Verde, agreement (EU), deep-sea fishing, financial equalisation, fishing agreement, fishing rights

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 22.03.2004 
COM(2004) 186 final 

Proposal for a 

COUNCIL DECISION 

on the signature on behalf of the European Community and the 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 Republic of Cape 
Verde on fishing off the coast of Cape Verde for the period 1 July 2004 to 30 June 2005 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The Protocol to the Fisheries Agreement between the European Community and the Republic of 
Cape Verde expires on 30 June 2004. 

The  two  Parties  met  in  Praia  on  20  and  21  October  2003  in  the  framework  of  the  Joint 
Committee  provided  for  in  Article  9  of  the  Fisheries  Agreement  between  Cape  Verde  and  the 
European Community. 

The Parties decided to extend the Protocol for a period of one year, from 1 July 2004 to 30 June 
2005.  This  extension,  in  the  form  of  an  Exchange  of  Letters,  was  initialled  by  them  on  21 
October 2003 and sets out the technical and financial conditions governing the fishing activities 
of Community vessels in Cape Verde waters for the period 1 July 2004 to 30 June 2005. 

The Commission proposes, on this basis, that the Council adopt by Decision the provisional 
application of the 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 signature on behalf of the European Community and the 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 Republic of Cape 
Verde on fishing off the coast of Cape Verde for the period 1 July 2004 to 30 June 2005 

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) 

Under the Agreement between the European Economic Community and the Republic 
of Cape Verde on fishing off the coast of Cape Verde2, the Contracting Parties are to 
enter into negotiations, before the end of the period of validity of the Protocol to the 
Agreement, in order to determine by common accord the terms of the Protocol for the 
following  period  and,  where  appropriate,  any  necessary  amendments  or  additions  to 
the Annex. 

Pending negotiations on the amendments to be made to the existing Protocol approved 
by Regulation (EC) No 301/20023, the two Parties have decided to extend its validity 
for one year by means of an Agreement in the form of an Exchange of Letters. 

Under  this  Exchange  of  Letters,  Community  fishermen  have  fishing  opportunities  in 
the  waters  under  the  sovereignty  or  jurisdiction  of  Cape  Verde  for  the  period  1  July 
2004 to 30 June 2005. 

It  is  essential  that  the  extension  be  applied  as  soon  as  possible  in  order  to  avoid 
interrupting the fishing activities of Community vessels. The Agreement in the form of 
an Exchange of Letters should therefore be signed and applied on a provisional basis 
pending the completion of the procedures required to conclude it. 

(5) 

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

1 
2 
3 

OJ C […] […], p. […] 
OJ L 212, 9.8.1990, p. 1. 
OJ L 47, 19.2.2002, p. 2. 

3 

 
 
  
 
                                                 
HAS DECIDED AS FOLLOWS: 

Article 1 

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 Republic of Cape Verde on 
fishing  off  the  coast  of  Cape  Verde  for  the  period  1  July  2004  to  30  June  2005  is  hereby 
approved on behalf of the Community, subject to the Council Decision on the conclusion of 
the Agreement. 

The text of the Agreement is attached to this Decision. 

The Agreement shall be applied provisionally from 1 July 2004. 

Article 2 

The  fishing  opportunities  provided  for  in  the  Protocol  shall  be  allocated  among  the  Member 
States as follows: 

Article 3 

- tuna seiners: 

-pole-and-line tuna 
 vessels: 

France: 

Spain: 

France: 

Spain: 

19 vessels 

18 vessels 

6 vessels 

10 vessels 

Portugal: 

2 vessels 

- surface longliners: 

Spain: 

52 vessels 

Portugal: 

10 vessels 

- bottom longliners: 

Portugal: 

630 GRT per month, averaged over the year, 
with  no  more  than  four  vessels  fishing 
simultaneously 

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

4 

 
 
  
 
 
Article 4 

Member States whose vessels fish under this Agreement shall notify the Commission of the 
quantities  of  each  stock  caught  within  the  Cape  Verde  fishing  zone  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 on behalf of the Community subject to 
its conclusion. 

Done at Brussels, 

For the Council 
The President 

4 

OJ No 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 Republic of Cape Verde on fishing 
off the coast of Cape Verde for the period 1 July 2004 to 30 June 2005 

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  July  2001  to  30  June  2004)  setting  out  the 
fishing  opportunities  and  financial  contribution  provided  for  in  the  Fisheries  Agreement 
between  the  European  Economic  Community  and  the  Government  of  the  Republic  of  Cape 
Verde, pending the negotiations on the amendments to be made to the Protocol: 

1. 

The  arrangements  applicable  over  the  last  three  years  will  be  renewed  from  1  July 
2004 until 30 June 2005. 

The  Community's  financial  contribution  under  the  interim  arrangements  will 
correspond to the annual amount provided for in Article 2 of the Protocol currently in 
force.  The  financial  compensation  will  be  paid  no  later  than  31  January  2005. 
Payment for the targeted measures specified in Article 3 of the Protocol will be made 
once the relevant requirements stipulated in that Article have been met.  

2. 

During this 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 2 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 terms. 

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 Cape Verde 

Sirs, 

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

"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  July  2001  to  30  June  2004)  setting  out  the 
fishing  opportunities  and  financial  contribution  provided  for  in  the  Fisheries  Agreement 
between  the  European  Economic  Community  and  the  Government  of  the  Republic  of  Cape 
Verde, pending the negotiations on the amendments to be made to the Protocol: 

1. 

The  arrangements  applicable  over  the  last  three  years  will  be  renewed  from  1  July 
2004 until 30 June 2005. 

The  Community's  financial  contribution  under  the  interim  arrangements  will 
correspond to the annual amount provided for in Article 2 of the Protocol currently in 
force.  The  financial  compensation  will  be  paid  no  later  than  31  January  2005. 
Payment for the targeted measures specified in Article 3 of the Protocol will be made 
once the relevant requirements stipulated in that Article have been met.  

2. 

During this 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 2 of the Annex to the Protocol." 

I have the honour to confirm that the terms of your letter are acceptable to the Government of 
the  Republic  of  Cape  Verde  and  that  your  letter  and  this  one  constitute  an  agreement  in 
accordance with your proposal. 

Please accept, Sirs, the assurance of my highest consideration. 

For the Government of the Republic of Cape Verde. 

7