2005/76/EC: Council Decision of 22 November 2004 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: 2004-11-22
Institutions: Council of the European Union
Subjects: Comoros, common fisheries policy, financial compensation of an agreement, fishing agreement, interim agreement (EU), renewal of an agreement

L 29/20

EN

Official Journal of the European Union

2.2.2005

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 22 November 2004

on the signing, on behalf 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

the European Community, and provisional application of

(2005/76/EC)

THE COUNCIL OF THE EUROPEAN UNION,

December 2004 in waters over which The Comoros has
sovereignty or jurisdiction.

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

(4)

Having regard to the proposal from the Commission,

Whereas:

is essential

To avoid any interruption in the fishing activities of
Community vessels it
the extension
soon as possible. The
should enter
in the form of an Exchange of Letters
Agreement
should therefore be signed,
to its definitive
subject
conclusion by the Council.

into force as

that

(1)

(2)

Under the terms of the Agreement between the European
Economic Community and the Islamic Federal Republic
of The Comoros on fishing off The Comoros (1), the
into negotiations,
Contracting Parties
before the period of validity of
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 Protocol

to enter

are

The two Contracting Parties have decided that, pending
negotiations on amendments to the Protocol, the period
of validity of the current Protocol approved by Regu-
lation (EC) No 1439/2001 (2) should be extended from
28 February 2004 to 31 December 2004 by means of an
agreement in the form of an Exchange of Letters.

(3)

The exchange of letters provides Community fishermen
with fishing opportunities from 28 February 2004 to 31

(5)

The method of allocating the fishing opportunities
among Member States on the basis of
the extended
Protocol should be confirmed,

HAS DECIDED AS FOLLOWS:

Article 1

The signing 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 the Council Decision concerning the
conclusion of the said Agreement in the form of an Exchange
of Letters.

(1) OJ L 137, 2.6.1988, p. 19.
(2) OJ L 193, 17.7.2001, p. 1.

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

2.2.2005

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Official Journal of the European Union

L 29/21

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.

Article 3

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

Article 4

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

(a)

tuna seiners:
Spain:
France:
Italy:

18 vessels
21 vessels
1 vessel;

(b) surface longliners:

20 vessels
Spain:
Portugal: 5 vessels.

the fishing opportunities

If licence applications from these Member States do not cover
all
the
Commission may take into consideration licence applications
from any other Member State.

in the Protocol,

set out

Article 5

The Member States whose vessels fish under this Agreement
shall be required to notify the Commission of the quantities
in the Comorian fishing zone in
of each stock caught
accordance with Commission Regulation (EC) No 500/2001 (1)
of 14 March 2001 laying down detailed rules for the appli-
cation of Council Regulation (EEC) No 2847/93 on the moni-
toring of catches taken by Community fishing vessels in third
country waters and on the high seas.

Done at Brussels, 22 November 2004.

For the Council
The President

C. VEERMAN

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