2005/213/EC: Council Decision of 24 January 2005 on the conclusion of the Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out, for the period from 1 July 2004 to 30 June 2007, 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: 2005-01-24
Institutions: Council of the European Union
Subjects: Côte d'Ivoire, France, Portugal, Spain, financial compensation of an agreement, fishing agreement, fishing licence, interim agreement (EU), protocol to an agreement, ratification of an agreement

22.3.2005

EN

Official Journal of the European Union

L 76/1

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 24 January 2005

on the conclusion of the Agreement in the form of an Exchange of Letters concerning the
provisional application of the Protocol setting out, for the period from 1 July 2004 to 30 June 2007,
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

(2005/213/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

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'Ivoire (1), before the
expiry of the Protocol to the Agreement the contracting
parties are to negotiate in order to agree the content of
the Protocol for the following period and any changes or
additions to be made to the Annex.

The two parties negotiated, between 9 and 13 November
2003 in Abidjan, a new Protocol setting out the fishing
opportunities and financial contribution. This Protocol
for the period from 1 July 2004 to 30 June 2007 was
initialled on 3 March 2004 in Brussels.

Under the Protocol, Community fishermen enjoy fishing
opportunities
sovereignty or
jurisdiction of Côte d'Ivoire from 1 July 2004 to 30 June
2007.

in waters under

the

(1) OJ L 379, 31.12.1990, p. 3. Agreement as last amended by the
Protocol setting out, for the period 1 July 2000 to 30 July 2003,
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 (OJ L 102, 12.4.2001, p. 3).

(4)

(5)

(6)

to be interrupted. To that end,

The new Protocol must be applied at
the earliest
opportunity if fishing activities by Community vessels are
not
the two parties
initialled an Agreement in the form of an Exchange of
Letters providing for the provisional application of the
initialled Protocol from the day following that on which
the Protocol in force expired.

The method of allocating the fishing opportunities
among the Member States should be defined on the basis
of
fishing opportunities
under the Fisheries Agreement.

the traditional allocation of

The Agreement in the form of an Exchange of Letters
should be approved, subject to its definitive conclusion
by the Council,

HAS DECIDED AS FOLLOWS:

Article 1

in the form of an Exchange of Letters
The Agreement
concerning the provisional application of the Protocol setting
out, for the period from 1 July 2004 to 30 June 2007, 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.

The texts of the Agreement in the form of an Exchange of
Letters and of the Protocol are attached to this Decision.

L 76/2

EN

Official Journal of the European Union

22.3.2005

Article 2

The fishing opportunities set out in the Protocol shall be

1.
allocated among the Member States as follows:

(a) demersal species:

Spain: 1 300 GT (gross tonnage) per month, averaged over
the year;

(b) tuna fishing vessels:

(i)

tuna seiners

— France: 17 vessels

— Spain: 17 vessels

(ii) surface longliners

— Spain: 6 vessels

— Portugal: 5 vessels

(iii) pole-and-line tuna vessels

— France: 3 vessels.

If licence applications from these Member States do not
2.
exhaust the fishing opportunities set out in the Protocol, the
Commission may consider licence applications from any other
Member State.

Article 3

Member States which have vessels fishing under the present
Agreement shall notify to the Commission the quantities of
each stock taken in the Côte d'Ivoire fishing zone, in accordance
with Commission Regulation (EC) No 500/2001 of 14 March
2001 laying down detailed rules for the application of Council
Regulation (EEC) No 2847/93 on the monitoring of catches by
Community fishing vessels in third country waters and on the
high seas (1).

Article 4

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 in order to bind the Community.

Done at Brussels, 24 January 2005.

For the Council

The President

F. BODEN

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