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 the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe for the period from 1 June 2005 to 31 May 2006
Date: 2005-12-07
Institutions: European Commission
Subjects: São Tomé and Príncipe, agreement (EU), financial compensation of an agreement, fishing agreement, fishing area, fishing licence

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 07.12.2005 
COM(2005) 631 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 the Protocol setting out the 
fishing opportunities and financial contribution provided for in the Agreement between 
the European Economic Community and the Government of the Democratic Republic of 
São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe for the period 
from 1 June 2005 to 31 May 2006 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

The Protocol annexed to the fisheries agreement between the European Economic Community 
and the Democratic Republic of São Tomé and Príncipe expired on 31 May 2005. This proposal 
for a Council decision concerns the provisional application of the extension of the protocol for 
one more year, until 31 May 2006. 

The  two  parties  agreed  at  the  beginning  of  2005  to  extend  the  Agreement,  in  particular  in 
order  to  iron  out  certain  difficulties  relating  to  the  implementation  of  the  2002-05  Protocol 
and to give the Government of the Democratic Republic of São Tomé and Príncipe more time 
to prepare itself as well as possible for negotiations on a future partnership agreement, and to 
implement the action programme to support the necessary development of the fisheries sector. 
The new government, which took office in March 2004, waited until the last minute to analyse 
the option of extending the protocol, despite numerous reminders in March, April and May 2005. 

The  parties  have  finally  decided  to  extend  the  Protocol  for  a  period  of  one  year,  from  1  June 
2005 to 31 May 2006. The extension, in the form of an exchange of letters, was initialled by the 
two  parties  on 3  June  2005,  and  sets  out  the  technical  and  financial  conditions  governing  the 
fishing  activities  of EC vessels  in  the  waters  of  São  Tomé  and  Príncipe  for  the  period  from  1 
June 2005 to 31 May 2006. 

The Commission proposes, on this basis, that the Council adopt by  decision the provisional 
application of the extension of the agreement, 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. 

EN 

2 

   EN 

 
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 the Protocol setting out the 
fishing opportunities and financial contribution provided for in the Agreement between 
the European Economic Community and the Government of the Democratic Republic of 
São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe for the period 
from 1 June 2005 to 31 May 2006 

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 terms of the Agreement between the European Economic Community and 
the Government of the Democratic Republic of São Tomé and Príncipe on fishing off 
the  coast  of  São  Tomé  e  Príncipe2,  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. 

Pending  negotiations  on  changes  to  be  made  to  the  existing  Protocol  approved  by 
Regulation (EC) No 2348/20023, 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. 

The exchange of letters provides Community fishermen with fishing opportunities in 
waters  under  the  sovereignty  or  jurisdiction  of  São  Tomé  and  Príncipe  from  1  June 
2005 to 31 May 2006. 

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  expired 
Protocol should be confirmed, 

1 
2 
3 

OJ C […] […], p. […] 
OJ L 54, 25.2.1984. 
OJ No L 47, 19.2.2002, p. 2. 

EN 

3 

   EN 

 
                                                 
HAS DECIDED AS FOLLOWS: 

Article 1 

The signature of the Agreement in the form of an exchange of letters extending the Protocol 
setting out the fishing opportunities and financial contribution provided for in the Agreement 
between  the  European  Economic  Community  and  the  Government  of  the  Democratic 
Republic of São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe for the 
period  from  1  June  2005  to  31  May  2006  is  hereby  approved  on  behalf  of  the  Community, 
pending the Council decision on conclusion of the Agreement. 

The text of the Agreement is attached to this Decision. 

The Agreement shall apply provisionally from 1 June 2005. 

Article 2 

The fishing opportunities set out in the Protocol are allocated to Member States as follows: 

Article 3 

- tuna seiners: 

- pole-and-line tuna 
vessels: 

France: 18 

Spain: 18 

Portugal: 2 

- surface longliners: 

Spain: 20 

Portugal: 5 

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. 

Article 4 

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

4 

OJ No L 73, 15.3.2001, p. 8. 

EN 

4 

   EN 

 
                                                 
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 

EN 

5 

   EN 

 
 
 
AGREEMENT 

in the form of an exchange of letters extending the Protocol setting out, for the period 1 
June 2005 to 31 May 2006, the fishing opportunities and the financial contribution 
provided for by the Agreement between the European Community and the Government 
of the Democratic Republic of São Tomé and Príncipe on fishing off the coast of São 
Tomé e Príncipe. 

A. 

Letter from the Community 

Sirs, 

I  have  the  honour  to  confirm  that  pending  negotiations  on  amendments  to  be  made  to  the 
Protocol currently in force (1 June 2002 to 31 May 2005) setting out the fishing opportunities 
and  financial  contribution  provided  for  in  the  Fisheries  Agreement  between  the  European 
Economic  Community  and  the  Government  of  the  Democratic  Republic  of  São  Tomé  and 
Príncipe, we agree to the following interim arrangements: 

1. 

From  1  June  2005  to  31  May  2006  the  arrangements  applicable  over  the  last  three 
years will continue in operation. 

The  Community's  financial  contribution  under  the  interim  arrangements  will 
correspond to the yearly amount provided for in Article 2 of the Protocol currently in 
force (EUR 637 500). That amount is to be treated entirely as financial compensation 
and will be paid no later than 31 January 2006. 

The  Community  will  also  provide  financing  of  EUR  50  000  during  the  year  for  an 
evaluation study on deep-water crab. 

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 

EN 

6 

   EN 

 
B. 

Letter from the Government of the Democratic Republic of São Tomé e Principe 

Sirs, 

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

"I  have  the  honour  to  confirm  that  pending  negotiations  on  amendments  to  be  made  to  the 
Protocol currently in force (1 June 2002 to 31 May 2005) setting out the fishing opportunities 
and  financial  contribution  provided  for  in  the  Fisheries  Agreement  between  the  European 
Economic  Community  and  the  Government  of  the  Democratic  Republic  of  São  Tomé  and 
Príncipe, we agree to the following interim arrangements: 

1. 

From  1  June  2005  to  31  May  2006  the  arrangements  applicable  over  the  last  three 
years will continue in operation. 

The  Community's  financial  contribution  under  the  interim  arrangements  will 
correspond to the yearly amount provided for in Article 2 of the Protocol currently in 
force (EUR 637 500). That amount is to be treated entirely as financial compensation 
and will be paid no later than 31 January 2006. 

The  Community  will  also  provide  financing  of  EUR  50  000  during  the  year  for  an 
evaluation study on deep-water crab. 

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 contents of your letter are acceptable to the Government 
of  the  Democratic  Republic  of  São  Tomé  and  Príncipe  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 Democratic Republic of São Tomé e Principe 

EN 

7 

   EN