Proposal for 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 provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 28 February 2004 to 31 December 2004
Date: 2004-08-04
Institutions: European Commission
Subjects: Comoros, common fisheries policy, financial compensation of an agreement, fishing agreement, fishing area, fishing regulations, fishing rights, interim agreement (EU), renewal of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 9.9.2004 
COM(2004) 538 final/2 

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Proposal for 

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 Islamic Federal 
Republic of the Comoros on fishing off the Comoros for the period from 28 February 
2004 to 31 December 2004 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The Protocol to the Fisheries Agreement between the European Community and the Islamic 
Federal Republic of the Comoros is due to expire on 27 February 2004.  

The Commission has undertaken to carry out detailed evaluations and impact analyses before 
renewing any protocols and after their expiry. In the case of the Protocol to the EC-Comoros 
Fisheries Agreement, such an evaluation – which can take from six to eight months - could 
not be completed in time. 

Therefore, the two parties have decided to extend the expired protocol for the period from 28 
February  to  31  December  2004.  The  extension,  in  the  form  of  an  exchange  of  letters,  was 
initialled by the two parties on 3 February 2004, in order to set out the technical and financial 
conditions  governing  the  fishing  activities  of  EC  vessels  in  Comorian  waters  for  the  above 
period. 

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. 

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Proposal for 

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 Islamic Federal Republic 
of the Comoros on fishing off the Comoros for the period from 28 February 2004 to 31 
December 2004 

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) 

Under the terms of the Agreement between the European Economic Community and the 
Islamic  Federal  Republic  of  the  Comoros  on  fishing  off  the  Comoros2,  the  contracting 
parties are to enter into negotiations, before the period of validity of the Protocol to the 
Agreement expires, 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 
1439/20013 should be extended by one year by means of an agreement in the form of an 
exchange of letters. 

The exchange of letters provides Community fishermen with fishing opportunities from 
28  February  2004  to  31  December  2004  in  waters  over  which  the  Comoros  has 
sovereignty or jurisdiction. 

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. The Agreement in the form of 
an exchange of letters should therefore be signed, subject to its definitive conclusion by 
the Council. 

(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 […], […], p. […]. 
OJ L 137, 2.6.1988, p. 19. 
OJ L 193, 17.7.2001, p. 1. 

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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 Islamic Federal Republic of the 
Comoros on fishing off the Comoros for the period from 28 February 2004 to 31 December 2004 
is  hereby  approved  on  behalf  of  the  Community,  subject  to  its  definitive  conclusion  by  the 
Council. 

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 persons empowered to sign the 
Agreement  in  the  form  of  an  exchange  of  letters  on  behalf  of  the  Community  subject  to  its 
conclusion. 

The  Agreement  in  the  form  of  an  exchange  of  letters  shall  be  provisionally  applied  by  the 
Community from 28 February 2004. 

Article 3 

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

Article 4 

(a) 

tuna seiners: 

Spain: 

18 vessels 

France: 

21 vessels 

Italy:    

1 vessel 

(b) 

surface longliners: 

Spain: 

20 vessels 

Portugal : 

5 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. 

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Article 5 

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

Done at 

For the Council 
The President 

4  

OJ L 73, 15.3.2001, p. 8. 

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AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS 

concerning the extension of the Protocol setting out the fishing opportunities and 
financial compensation provided for in the agreement between the European 
Economic Community and the Islamic Federal Republic of the Comoros on 
fishing off the Comoros for the period 28 February 2004 to 31 December 2004 

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  (28  February  2001  to  27  February 
2004) setting out the fishing opportunities and financial contribution provided for in 
the Agreement between the European Economic Community and the Islamic Federal 
Republic of the Comoros on fishing off the Comoros, pending the negotiations on the 
amendments to be made to the Protocol to the Fisheries Agreement: 

1. 

2. 

From  28  February  2004  to  31  December  2004  the  arrangements  applicable 
over  the  last  three  years  will  continue  in  operation.  The  Community's 
financial  contribution  under  the  interim  arrangements  will  correspond  pro 
rata  temporis  to  the  amount  provided  for  in  Article  2  of  the  Protocol 
currently in force, i.e. € 291 875. This financial contribution will be paid no 
later  than  1  December  2004.  The  relevant  conditions  for  payment  of  the 
amount provided for in Article 3 of the Protocol will also apply. 

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 the Union of the Comoros 

Sirs, 

I  have  the  honour  to  acknowledge  receipt  of  your  letter  of  today's  date,  worded  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  (28  February  2001  to  27  February 
2004) setting out the fishing opportunities and financial contribution provided for in 
the Agreement between the European Economic Community and the Islamic Federal 
Republic of the Comoros on fishing off the Comoros, pending the negotiations on the 
amendments to be made to the Protocol to the Fisheries Agreement: 

1. 

2. 

From  28  February  2004  to  31  December  2004  the  arrangements  applicable 
over  the  last  three  years  will  continue  in  operation.  The  Community's 
financial  contribution  under  the  interim  arrangements  will  correspond  pro 
rata  temporis  to  the  amount  provided  for  in  Article  2  of  the  Protocol 
currently in force, i.e. € 291 875. This financial contribution will be paid no 
later  than  1  December  2004.  The  relevant  conditions  for  payment  of  the 
amount provided for in Article 3 of the Protocol will also apply. 

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." 

I  have  the  honour  to  confirm  that  the  above  is  acceptable  to  the  Government  of  the 
Union of the Comoros 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 Union of the Comoros 

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