2007/798/EC: Council Decision of 22 November 2007 on the conclusion of an Agreement in the form of an Exchange of Letters on the provisional application of the Fisheries Partnership Agreement between the European Community and the Republic of Mozambique
Date: 2007-11-22
Institutions: Council of the European Union
Subjects: European Community, Mozambique, fishery management, fishing agreement, fishing area, ratification of an agreement

17.12.2007

EN

Official Journal of the European Union

L 331/31

COUNCIL DECISION

of 22 November 2007

on the conclusion of an Agreement in the form of an Exchange of Letters on the provisional application
of the Fisheries Partnership Agreement between the European Community and the Republic of
Mozambique

(2007/798/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

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

Having regard to the proposal from the Commission,

Whereas:

The Community has negotiated a Fisheries Partnership
Agreement with the Republic of Mozambique providing
Community vessels with fishing opportunities in the
Mozambique fishing zone.

As a result of those negotiations a new Fisheries Partner-
ship Agreement between the European Community and
the Republic of Mozambique (hereinafter the ‘Partnership
Agreement’) was initialled on 21 December 2006.

Article 1

The Agreement in the form of an Exchange of Letters relating to
the provisional application of the Fisheries Partnership Agreement
between the European Community and the Republic of Mozam-
bique, (hereinafter referred to as ‘the Agreement in the form of an
Exchange of Letters’)
is hereby approved on behalf of the
Community.

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

Article 2

The fishing opportunities set out in the Protocol to the Partner-
ship Agreement shall be provisionally allocated among the Mem-
ber States as follows:

Fishing Category

Type of vessel

Member State

Licences

Tuna fishing

Purse seine vessels

The Fisheries Agreement between the European Commu-
nity and the Republic of Mozambique approved by Coun-
cil Regulation (EC) No 2329/2003 (1) is to be replaced by
the Partnership Agreement.

Tuna fishing

Long-liners

Spain:

France:

Italy:

Spain:

France:

Portugal:

United
Kingdom:

23

20

1

23

11

9

2

In order to guarantee the continuation of fishing activities
by Community vessels, it is essential for the Partnership
Agreement to be applied as quickly as possible. Both par-
ties have therefore initialled an Agreement in the form of
an Exchange of Letters providing for the provisional appli-
cation of the Partnership Agreement from 1 January 2007.

It is in the interest of the Community to approve the
Agreement in the form of an Exchange of Letters.

The method for allocating the fishing opportunities among
the Member States should be defined,

(1) Council Regulation (EC) No 2329/2003 of 22 December 2003 on the
conclusion of the Fisheries Agreement between the European Com-
munity and the Republic of Mozambique (OJ L 345, 31.12.2003,
p. 43).

If fishing licence applications from these Member States do not
cover all the fishing opportunities set out in the Protocol to the
Partnership Agreement, the Commission may consider fishing
licence applications from any other Member State.

Article 3

The Member States whose vessels fish under the Agreement in the
form of an Exchange of Letters shall notify the Commission of the
quantities of each stock caught within the Mozambique 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 taken by Community fishing vessels in
third country waters and on the high seas (2).

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

(1)

(2)

(3)

(4)

(5)

(6)

L 331/32

EN

Official Journal of the European Union

17.12.2007

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agree-
ment in the form of an Exchange of Letters in order to bind the Community.

Article 4

Done at Brussels, 22 November 2007.

For the Council
The President
M. PINHO