CELEX: 51991PC0357(01)
Language: en
Date: 1991-10-04
Title: Proposal for a COUNCIL DECISION on the conclusion 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 Government of the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 20 July 1991 to 19 July 1994

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              C0M(91)357  final
                                              Brussels, 4  October 1991
                               Proposal for a
                              COUNCIL DECISION
    on the conclusion 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 Ccranunity and the Government of the
    Islamic Federal Republic of the Oomoros on fishing off the Oomoros for the
    period from 20 July 1991 to 19 July 1994.
                              Proposal for a
                         COUNCIL REGULATION fCFn
  relating to the conclusion of the Protocol setting out the fishing
  opportunities and financial compensation provided for in the Agreement
  between the European Economic Coranunity and the Government of the Islamic
  Federal Republic of the Comoros on fishing off the Comoros for the period
  from 20 July 1991 to 19 July 1994
                       (presenttd by the Comalision)
 ---pagebreak---  ---pagebreak---                               -1
                          EXPLANATORY MEMORANDUM
Ihe Protocol to the Agreement on fishing between the European Economic
Community and the Government of the Islamic Federal Republic of the
Comoros, signed on 20 July 1988, expired on 19 July 1991.
In accordance with Article 12 of the Agreement, the two parties held
negotiations in Moroni on 15 and 16 July 1991 with a view to revising the
Protocol to the Agreement. A new Protocol defining the fishing
opportunities and financial compensation for the period from 20 July 1991
to 19 July 1994 was initialled on 16 July 1991. In order to avoid an
interruption of fishing activities by Community vessels, an exchange of
letters on the provisional application of the new Protocol from
20 July 1991 was also initialled.
The Protocol provides for fishing opportunities for 42 ocean-going freezer
tuna vessels for a period of 3 years between 20 July 1991 and 19 July 1994,
The number of Community ocean-going freezer tuna vessels has thus been
increased by 2 as compared with the previous Protocol.
The financial compensation payable by the Community remains unaltered
compared with the previous Protocol and thus amounts to ECU 300 000 par
year on the basis of annual catches of 6 000 t of tuna. In excess of that
tonnage, each tonne caught gives rise to the payment of an additional
ECU 50.
The Community will also contribute ECU 325 000 over 3 years to finance
 ---pagebreak---                                -2 -
Comorian scientific or technical programmes to improve knowledge of fishery
resources in Comorian waters.
Lastly, the contribution to the training and bursary programme in the
fishery sector amounts to ECU 175 000. This sum will also cover the costs
of attendance by Comorian representatives at international meetings on
fishing.
Furthermore, shipowners1 fees have been set at ECU 20 per tonne for tuna
fishing.
 ---pagebreak---                                    -?-
On the basis of the foregoing, the Commission proposes that the Council
should as soon as possible:
1. Adopt the attached Decision on the conclusion 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 Government of the Islamic Federal Republic of the
   Comoros for the period from 20 July 1991 to 19 July 1994;
2. Adopt the attached Regulation relating to the conclusion of the Protocol
   setting out the fishing opportunities and financial compensation
   provided for under the Agreement between the European Economic Community
   and the Government of the Islamic Federal Republic of the Comoros far
   the period from 20 July 1991 to 19 July 1994.
 ---pagebreak---                                 Proposal for a Council Decision
 mrs 'the conclusion of the Agreement in 13'- &>rvi -C zi>~: - - • -                r     <.-.•*-
con^.3LvJi',g the provisional appiicatiL . '), :hz F ct. cc". L              ;. ;\       . '~* .
ii^i.-^i   .i^p'jrtariit.^- ciid f.' -'arir^cL1 -.aitr' "a, 'OA }...- v.* s.
I gr,3£.. '.-. ..-c eei; '»"" -o\c;   1 zi~:*-j:,'"< -', """u -ya^ a« i ../. ." ?' ;*"
liila:^.'- xc^jia^ R c-L „JU of Jie C-..*? "cr- .'"« _~Liii>g of? 1:" .» ' ^y-         '
period from ?••: ~,....7.y J.991 to 19 July 1994.
Itie Council of the £. «„.r :n QcMcurdties,
Having regard to the Tree'.. establishing the European                  ^ccsnomic Cc-v/itLriity,
Having regard to the Agre&Kvut between the European Economic (^Bira^iity ar^
the GO'/erninent of the Islamic Federal Republic of the Comoros on fishing
off the Comoros 1 , signed in Brussels on 20 July 1988,
Having regard to the proposal from the Commission2,
Whereas the Community and the Islamic Federal Republic of the Comoros have
held negotiations with a view to determining amendments or additions to be
made to the Agreement on fishing off the Comoros at the end of the period
of application of the first Protocol;
Whereas, as a result of those negotiations, a new Protocol was initialled
on 16 July 1991;
Whereas, under that Protocol, Community fishermen enjoy fishing
opr :;':'mitiG ^ n the waters falling wi;'in the sovereignty or jurisdiction
of lh      ;!<•     Fedc:.. i Republic of the Comoros for the period from
 ---pagebreak---  20 July 1991 to 19 July 1994;
 vftiereas, in order to avoid interruption of fishing activities by Community
 vessels, it is essential that the Protocol be approved as quickly as
 possible; whereas both parties have therefore initialled an Agreement in
 the form of an exchange of letters providing for the provisional
 application of the initialled Protocol from the day following the date of
 expiry of the Protocol previously in force; whereas the Agreement in the
 form of an exchange of letters should be concluded subject to a definitive
 decision under Article 43 of the Treaty,
1   QJ No L 137, 2.6.1988, p.18,
2
 ---pagebreak---                                    -4-
HAS DECIDED AS FOLLOWS:
                                 Article 1
The Agreement in the form of an exchange of letters c»ncerning 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 Government of the Islamic
Federal Republic of the Comoros on fishing off the Comoros for the period
from 20 July 1991 to 19 July 1994 is hereby approved on behalf of the
Community.
The text of the Agreement is attached to this Decision.
                                 Article 2
Ihe President of the Council is hereby authorized 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,               1991
                                        For the Council
                                        The President
 ---pagebreak---                                    f-
                               DRAFT 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 Government of
           the Islamic Federal Republic of the Comoros on fishing
      off the Comoros far the period from 20 July 1991 to 19 July 1994
A. Letter from the Government of the Oomoros,
Sir,
With reference to the Protocol initialled on 16 July 1991 setting out the
fishing opportunities and financial contribution for the period from
20 July 1991 to 19 July 1994, I have the honour to inform you that the
Government of the Comoros is prepared to apply the Protocol provisionally
from 20 July 1991 pending its entry into force in accordance with
Article 6, provided that the European Economic Community is prepared to do
the same.
It is understood that in this case a first instalment equal to one third of
the financial compensation stipulated in Article 2 of the Protocol must be
paid before 30 November 1991.
I should be obliged if you would confirm that the European Economic
Community is in agreement with such provisional application.
Please accept, Sir, the assurance of my highest consideration.
 ---pagebreak---                                    e-
For the Government of the Islamic Federal Republic of the Comoros.
 ---pagebreak---                                 -s-
B. Letter from the Community
Sir,
I have the honour to acknowledge receipt of your letter of today's date,
which reads as follows:
"With reference to the Protocol initialled on 16 July 1991 setting out the
fishing opportunities and financial contribution for the period from
20 July 1991 to 19 July 1994, I have the honour to inform you that the
Government of the Comoros is prepared to apply the Protocol provisionally
from 20 July 1991 pending its entry into force in accordance with
Article 6, provided that the European Economic C3ommunity is prepared to do
the same.
It is understood that in this case a first instalment equal to one third of
the financial compensation stipulated in Article 2 of the Protocol must be
paid before 30 November 1991.
I should be obliged if you would confirm that the European Economic
Community is in agreement with such provisional application."
Please accept, Sir, the assurance of my highest consideration.
 ---pagebreak---                                        -10-
On behalf of the Government of the Islamic Federal Republic of the Comoros.
 ---pagebreak---                                -H-
B. Letter from the Community
Sir,
I have the honour to acknowledge receipt of your letter of today's date,
which reads as follows:
"With reference to the Protocol initialled on 16 July 1991 setting out the
fishing opportunities and financial contribution for the period from
20 July 1991 to 19 July 1994, I have the honour to inform you that the
Government of the Comoros is prepared to apply the Protocol provisionally
from 20 July 1991 pending its entry into force in accordance with
Article 6, provided that the European Economic Community is prepared to do
the same.
It is understood that in this case a first instalment equal to one third of
the financial compensation stipulated in Article 2 of the Protocol most be
paid before 30 November 1991.
I should be obliged if you would confirm that the European Economic
Community is in agreement with such provisional application."
I have the honour to confirm the agreement of the European Economic
Community to this provisional application.
Please accept, Sir, the assurance of my highest consideration.
            On behalf of the Council of the European Communities
 ---pagebreak---                                      PROPOSAL
                                     FOR
                         COUNCIL REGULATION (EEC) N°
relating to the conclusion of the Protocol setting out the fishing
opportunities and financial compensation provided for in the Agreement
between the European Economic (Community and the Government of the Islamic
Federal Republic of the Comoros on fishing off the Comoros for the period
from 20 July 1991 to 19 July 1994
THE COUNCIL OF IHE EUROPEAN CXXMINITTES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 43 thereof,
Having regard to the proposal from the Commission1,
Having regard to the opinion of the European Parliament2,
Whereas, in accordance with the Agreement between the European Economic
(Community and the Government of the Islamic Federal Republic of the Comoros
on fishing off the Comoros signed in Brussels on 20 July 19883, the two
parties held negotiations with a view to determining amendments or
additions to be made to the Agreement at the end of the period of
application of the first Protocol;
Whereas, as a result of those negotiations, a new Protocol defining the
fishing rights and financial compensation provided for in the
abovementioned Agreement for the period from 20 July 1991 to 19 July 1994
was initialled on 16 July 1991;
 ---pagebreak---                                        -M-
Whereas it is in the Community's interest to approve that Protocol,
HAS ADOPTED THIS REGULATION:
1  OJ No L    ,
2  QJ No L
3  OJ No L 137, 2.6.1988, p. 18.
 ---pagebreak---                                    -ik      -
                              P R O T O C O L
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 20 July 1991 to 19 July 1994.
THE CONIRACTING PARTIES,
Having regard to the Agreement between the European Economic Community and
the Islamic Federal Republic of the Comoros on fishing off the Comoros,
signed on 20 July 1988,
HAVE AGREED AS FOLLOWS:
                                 Article 1
1. Pursuant to Article 2 of the Agreement, licenses authorizing
simultaneous fishing in Comorian waters shall be granted to forty-two
ocean-going freezer tuna vessels for a period of three years beginning on
20 July 1991.
2. In addition, at the request of the C3ommunity, certain authorizations may
be granted to other categories of fishing vessel under terms to be defined
by the Joint Committee referred to in Article 7 of the Agreement.
                                 Article 2
1. The financial contribution referred to in Article 6 of the Agreement
shall be fixed at ECU 900 000 for the period provided for in Article 1 of
this Protocol, payable in three equal annual instalments. That amount
 ---pagebreak---                                        •  ô   -'
Sii3ll c. vo. c-i annual catch of 6 000 tonnes of tuna in Ccraorian waters. If
the t..ma caught by Community vessels in Comorian waters exceeds that
weight, the abovementioned amount shall be increased proportionately.
M. The purpose to which the compensation is to be put shall fall within the
exclusive competence of the Government of the Islamic Federal Republic of
the Comoros.
 ---pagebreak---                                     -U -
                                 Article 1
The Protocol setting out the fishing rights and financial compensation
provided for in the Agreement between the European Economic Community and
the Government of the Islamic Federal Republic of the Comoros on fishing
off the Comoros for the period from 20 July 1991 to 19 July 1994 is hereby
approved on behalf of the Community.
Ihe text of the Protocol is attached hereto.
                                 Article 2
The President of the Council is hereby authorized to designate the persons
empowered to sign the Protocol in order to bind the Community.
                                 Article 3
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Done at Brussels,       1991
                                        For the Council
                                        The President
 ---pagebreak--- shall cover an annual catch of 6 000 tonnes of tuna in Comorian waters. If
the tuna caught by CJommunity vessels in Comorian waters exceeds that
weight, the abovementioned amount shall be increased proportionately.
2. The purpose to which the compensation is to be put shall fall within the
exclusive competence of the Government of the Islamic Federal Republic of
the Oomoros.
 ---pagebreak---                                         A8-
                                    Article 3
1. The Community shall also contribute during the period referred to in
Article 1 to the financing of Comorian scientific or technical programmes
 (eqipment, infrastructure, reinforcement of administrative or training
structures in the fishing sector, etc.) designed to improve knowledge of
fishery resources in Comorian waters.
2. That contribution shall be ECU 325 000 for the duration of this
Protocol.
3. The Comorian authorities shall forward a brief report on the way that
amount is used to the Commission staff.
4. The Community's contribution to the scientific or technical programmes
shall be paid to an account indicated on each occasion by the Ministry of
Production, Rural Development, Industry and the Environment.
                                    Article 4
1. The Contracting Parties hereby agree that improving the skills and
knowledge of those concerned with sea fishing is essential to the success
of their cooperation. To that end the Community shall facilitate the entry
of Comorian nationals to educational establishments in its Member States
and for that purpose shall make available to them grants for study or
practical training courses lasting a maximum of five years in the various
scientific, technical and economic fields linked to fishing. The total
cost of such grants may not exceed ECU 175 000. The grants may also be
used in any country linked to the Community by a cooperation agreement.
                   '•   ^: •     .-;,   v .'  -je-.;-, n o t ; ÇSYCJF>ÇH\ FTTT RS Cinn rtvnr
 ---pagebreak--- be used, at the request of the Comorian authorities, to cover the costs of
participation in international meetings relating to fishing.
3. The amount referred to in paragraph 1 shall be payable as it is used.
                                  Artcle 5
Should the Community fail to make the payments provided for in Articles 2
and 3 of this Protocol, the fishing Agreement may be suspended.
 ---pagebreak---                                        -20-
                                 Article 6
The Protocol to the Agreement between the European Economic Community and
the Islamic Federal Republic of the Comoros on fishing off the Oomoros is
hereby repealed and replaced by this Protocol.
                                 Article 7
lhis Protocol shall enter into force on the date of its signature.
It shall apply from 20 July 1991.
 ---pagebreak---                                                                                                     ZA-
                     Fiche Financière
 1. 8 U 0 G E T   HEACING      :
                                                                       420
2.    Il ILE
                                      New EEC/COMurtOS F I Î M A N C I A L PROTOC0L
3.    LCCAL     BASIS    :
                                              EEC/COMOROS AGREEMENT ON FISHING OFF THE COMOROS
 4 . A IMS
                                       PROTOCOL FOR A PERIOD OF 1 YEAR:
                                          - financial compensation
                                          - scientific programme                             - study programme
      FINANCIAL       IMPLICATIONS                        Our log th«          fI t h i n g    CURRENT  FINANCIAL         YEAR    FOLLOWINC  FINANCIAL          YEAR
                                                                                                       (   1991 )                       t 1992            )
    C   EXPENDITURE
           - CHARGED TO THE EC 8U0GET
               (REFUNDS/INTERVENTIONS)                                                               466.666 ECU                         466.666 ECU
           -   NATIONAL       AUTHORITIES
           - OTHER NATIONAL SOURCES
   .\    REVENUE
           - O W N R E S O U R C E S OF T H E E C
               (LEVIES/CUSTOM DUTIES)
           -    NATIONAL
                                                                  YEAR,                               1991                                          YEAR       .1.992.
    O.I    UULTiANNUAL TIMETABLE
           OF E X P E N D I T U R E
                                                                                             466.666 ECU                                    466.666 ECU
 5.2 METHOD OF          CALCULATION
                                        -     Financial contribution                                                   300.000 ECU
                                        -    Scientific programme                                                       108.333 ECU
                                        -     Study grants                                                                58.333 ECU
•
                                              Financial compensation                                                   466.666 ECU
 6.0    C A N THE P R O J E C T     BE F I N A N C E D FROM   APPROPRIATIONS              ENTERED  IN THE R E L E V A N T  CHAPTER   OF THE C U R R E N T  BUDCET     ?
                                                                                                                                                             YEStfXft
 6.1 C A N THE P R O J E C T        BE F I N A N C E D BY T R A N S F E R   BETWEEN       CHAPTERS  OF THE C U R R E N T   BUOGET  ?
                                                                                                                                                            X)É)s/NC
 6.2    WILL     A SUPPLEMENTARY           BUDCET      BE N E C E S S A R Y  ?
                                                                                                                                                            JO» /NO
 6.3    WILL     FUTURE     BUDGET      APPROPRIATIONS          BE N E C E S S A R Y    1
                                                                                                                                                             YES/XX5X
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 357 final
                                                      DOCUMENTS
EN-                                                                             03
                                 Catalogue number : CB-CO-91-416-EN-C
                                                             ISBN 92-77-75942-9
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