Proposal for a Council Decision Repealing Council Decision N° 2009/473/EC concerning 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 Guinea
Date: 2009-11-27
Institutions: European Commission
Subjects: Guinea, cooperation agreement (EU), fishing agreement, political opposition, ratification of an agreement, repression

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.11.2009 
COM(2009)650 final 

Proposal for a 

COUNCIL DECISION 

Repealing Council Decision N° 2009/473/EC concerning 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 Guinea  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

On 20 December 2008, the EC and Guinea initialled a new Fisheries Partnership Agreement 
(FPA)  and  a  protocol  covering  the  period  from  1  January  2009  to  31  December  2012.  The 
protocol has been under provisional application since 1 January 2009, as agreed by the Parties 
through  an  exchange  of  letters  approved  by  Council  Decision  of  28  May  20091,  pending 
adoption  of  the  Council  Regulation  proposal  on  the  conclusion  of  the  FPA  between  the 
European Community and the Republic of Guinea 2.  

However, following the tragic events of 28 September 2009, when Government forces opened 
fire on protesting crowds resulting in over 150 deaths, the Commission decided to initiate the 
necessary procedures to withdraw its proposal of a Council Regulation on the conclusion of 
the  said  Agreement  on  20  October  2009,  and  informed  the  European  Parliament  and  the 
Council thereof.  

The proposal on the conclusion of the Fisheries Partnership Agreement between the European 
Community and the Republic of Guinea was withdrawn on 11 November 2009 by Decision of 
the  Commission3.  According  to  International  Law,  the  Council  must  therefore  notify,  on 
behalf of the European Community, to the Republic of Guinea the intention not to conclude 
the aforementioned Agreement. 

According  to  Article  25  of  the  Vienna  Convention  on  the  Law  of  Treaties,  the  provisional 
application of a Treaty shall be terminated if one Party notifies to the other Party with which 
the Treaty is being applied provisionally of its intention not to become a party to the Treaty. 

The Commission proposes, on this basis, that the Council repeal its Decision N° 2009/473/EC 
concerning  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 Guinea. 

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2009/473/EC, OJ L 156 of 19.06.2009 
COM(2009) 120 final, of 12.03.2009 
PV (2009) 1894, of 13.11.2009, page 16 

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Proposal for a 

COUNCIL DECISION 

Repealing Council Decision N° 2009/473/EC concerning 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 Guinea 

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 Commission4, 

Whereas: 

(1) 

(2) 

(3) 

The  protocol  to  the  new  Fisheries  Partnership  Agreement  between  the  European 
Community and the Republic of Guinea that was initialled on 20 December 2008 has 
been  under  provisional  application  since  1  January  2009,  as  agreed  by  the  Parties 
through  an  exchange  of  letters  approved  by  Council  Decision  of  28  May  20095, 
subject  to  conclusion  of  the  Fisheries  Partnership  Agreement  between  the  European 
Community and the Republic of Guinea6, 

The  Commission  decided  to  withdraw  its  proposal  for  a  Council  Regulation  on  the 
conclusion  of  the  aforementioned  FPA  following  the  tragic  events  of  28  September 
20097,  when  Government  forces  opened  fire  on  protesting  crowds  resulting  in  over 
150 deaths,  

It  is  therefore  necessary  to  repeal  Council  Decision  N°  2009/473/EC  concerning  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 Guinea. 

HAS DECIDED AS FOLLOWS: 

Sole Article 

Council Decision N° 2009/473/EC concerning 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 Guinea is hereby repealed.  

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COM(2009) … final, of … 
2009/473/EC, OJ L 156 of 19.06.2009 
COM(2009) 120 final, of 12.03.2009 
PV (2009) 1894, of 13.11.2009, page 16 

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Done at Brussels,  

For the Council 

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