CELEX: 51988PC0030
Language: en
Date: 1988-02-09
Title: Proposal for a COUNCIL REGULATION (EEC) on the conclusion of the Agreement between the European Economic Community and the Islamic Federal Republic of the Comoros on fishing off Comoros (submitted by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 30
Vol. 1988/0006
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(88 > 30 final
                                                   Brussels , 9 February 1988
                                Proposal for a
                          COUNCIL REGULATION ( EEC )
on the conclusion of the Agreement between the European Economic Community
          Islamic
  and the Islam*   Federal Republic
                            Republic of the Comoros on fishing
                »   \^         EZ]
                       ( submitted by the Commission )
 ---pagebreak---                              Explanatory Memorandum
Given the growing interest of Community fleets in fishing in the Indian Ocean ,
and following the agreements already reached by the Community with certain
states in the region, in particular the Seychelles , Madagascar and Mozambique ,
negotiations took place in Moroni from 21 to 23 October 1987 between the
Community and the Islamic Federal Republic of the Comoros with a view to
reaching a fishing agreement .
The negotiations were successful , and a fishing agreement         between the
Community and Comoros was initialled in Moroni on 23 October . The Agreement
provides for fishing opportunities for 40 ocean-going freezer tuna vessels
over a period of three years .
The first part of the financial compensation for fishing opportunities is the
Community 's financial contribution of 300 000 ECU a year . If annual tuna
catches exceed 6 000 tonnes ,          financial compensation will increase
proportionately .
The second part , for shipowners' licence fees , is related to actual catches
and is set at 20 ECU per tonne of tuna caught in Comorian waters .
Community financial compensation also includes a 500 000 ECU contribution for
three years to finance scientific and technical programmes intended to
increase knowledge of the fishery resources in Comorian waters .
The Commission therefore proposes that the Council should without delay and
after consulting the European Parliament approve the Agreement between the
European Economic Community and the Islamic Federal Republic of the Comoros on
fishing off Comoros , by adopting the Regulation attached hereto .
 ---pagebreak---                                     PROPOSAL FOR A
                              COUNCIL REGULATION
on the conclusion of the Agreement between the European Economic Community and
the Islamic Federal Republic of the Comoros on fishing off Comoros
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 43 thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament,^
Whereas the Community and Comoros have negotiated and initialled an Agreement
on fishing which provides fishing opportunities for Community fishermen in
waters over which Comoros has sovereignty or jurisdiction ;
Whereas it is in the Community 's interest to approve this Agreement ,
HAS ADOPTED THIS REGULATION :
Article 1
The Agreement on fishing between the European Economic Community and the
Islamic Federal Republic of the Comoros is hereby approved on behalf of the
Community .
The text of the Agreement is attached to this Regulation .
  OJ No
                                                                              3
 ---pagebreak---                                      - 2 -
                                   Article 2
The President of the Council is hereby authorized to designate the persons
empowered to sign the Agreement in order to bind the Community .
                                   Article 3
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable in
all Member States . *
Done at Brussels ,                                    For the Council
                                                       The President
                                                 *
 ---pagebreak---                       Draft
                    AGREEHENT
between the European Econo* i c Comuni ty and the
     Islaaic Federal Republic of the Coaoros
             on fishing off Coaoros
 ---pagebreak--- THE EUROPEAN COMMUNITY , hereinafter referred to as the " Community", and
THE ISLAMIC   FEDERAL REPUBLIC OF THE COMOROS ,    hereinafter referred to as
" Comoros ",
CONSIDERING the spirit of cooperation resulting from the ACP-EEC Convention
and the good relations between the Community and Comoros ,
CONSIDERING the desire of the Government of Comoros to promote the rational
exploitation of its fishery resources by means of closer cooperation links ,
RECALLING that , in respect of sea fishing , Comoros exercizes its sovereignty
or jurisdiction over a zone extending two hundred nautical miles from its
coast ,
TAKING into account the United Nations Convention on the Law of the Sea ,
signed by both Parties ,
DETERMINED to conduct their relations in a spirit of mutual trust and respect
for each other 's interests in the sphere of sea fishing ,
DESIROUS of establishing the terms and conditions governing fishing activities
of common interest to both parties ,
HAVE AGREED AS FOLLOWS :
                                    Article 1
The purpose of this Agreement is to establish the principles and rules which
will in future govern in all respects the fishing activities of vessels flying
the flag of Member States of the Community , hereinafter referred to as
" Community vessels ", in the waters over which Comoros has sovereignty or
jurisdiction in respect of fisheries , hereinafter referred to as " Comorian
waters ", in accordance with the provisions of the United Nations Convention on
the Law of the Sea and other provisions of international law .
 ---pagebreak---                                        - 2 -
                                     Artide 2
Comoros shall authorize Community vessels to fish in         Comorian waters  in
accordance with the terms of this Agreement .
                                     Article 3
1.    The Community undertakes to take all appropriate steps to ensure that its
vessels adhere to the provisions of this Agreement and the laws governing
fishing activities in Comorian waters in accordance with the provisions of the
United    Nations  Convention  on  the   Law of  the  Sea  and  other  rules  of
international law and practice .
2 . The Comorian authorities shall notify the Commission of the European
Communities in advance of proposed changes to the said rules and regulations .
                                     Article 4
Under this Agreement the fishing activities of Community vessels in Comorian
waters shall be subject to possession of a fishing licence issued by the
Comorian authorities at the Community 's request .
2 . ' The issue of a licence shall be subject to payment of a licence fee by the
shipowner .
3 . The procedure for licence applications , the level of fees and arrangements
for payment are set out in the Annex .
 ---pagebreak---                                       - 3 -
                                    Artide 5
Without prejudice to their respective rights , the Parties undertake to
coordinate either directly or within international organizations their efforts
to ensure the management and conservation of the living resources of the
Indian Ocean , especially highly migratory species , and to facilitate the
relevant scientific research .
                                    Article 6
In return for the fishing opportunities accorded under Article 2 ,          the
Community shall make a financial contribution to Comoros , in accordance   with
the provisions for payment and compensation stipulated in the Protocol      and
without prejudice to the financing received by Comoros under the           Lome
Convention .
                                    Article 7
1 . Without prejudice to the exercise by Comoros of sovereignty or jurisdiction
over its waters , the parties agree to consult over questions arising in
connection with the implementation and proper working of this Agreement .    To
this end a Joint Committee is hereby established .       It shall meet at the
request of either Contracting Party .
2 . In the event of any dispute over the interpretation or application of this
Agreement , consultations shall be held between the Parties .
                                    Article 8
Nothing in this Agreement shall affect or prejudice in any manner the views of
either Party with respect to any question relating to the Law of the Sea .
 ---pagebreak---                                       - 4 -
                                    Artide 9
This Agreement shall apply to the territories in which the Treaty establishing
the European Economic Community is applied and under the conditions laid down
in the Treaty , and , to the territory of the Islamic Federal Republic of the
Comoros .
                                   Article 10
The Annex and the Protocol to this Agreement form an integral part thereof and
unless otherwise specified a reference to the Agreement includes the Annex and
the Protocol .
                                   Article 11
1 . Should the Comorian authorities decide , in the light of the state of
stocks , to take conservation measures which affect the activities of Community
vessels , consultations shall be held between the Parties with a view to
amending the Protocol .
2 . Any conservation measures taken by the Comorian authorities shall be based
on objective scientific criteria and shall apply equally to Community vessels
and those of third countries , without prejudice , ? however , to agreements
concluded between developing countries within the same geographical area ,
including reciprocal fisheries agreements .
 ---pagebreak---                                     Article 12
This Agreement shall be concluded for an initial period of three years
commencing from the date of its entry into force .     Unless either Party gives
notice of termination at least six months before the expiry of the three-year
period , it shall remain in force for additional periods of two years , provided
it has not been denounced at least three months before the expiry of each such
two-year period .   At the end of the initial three-year period and thereafter
at the end of each two-year period the Parties shall enter into negotiations
to establish by agreement what amendments or additions to the Annex or
Protocol are required .    Negotiations shall also be held if one of the Parties
gives notice of denunciation .
                                    Article 13
This Agreement , drawn up in duplicate in the Danish , Dutch , English , French ,
German , Greek , Italian , Portuguese and Spanish languages , each of these texts
being equally authentic , shall enter into force on the date of its signing .
 ---pagebreak---                                         ANNEX
        Conditions  for    the pursuit of  fishing   activities by Community
        vessels in Comorian waters
'i . Application for and issue of Licences
 The procedure for applications for , and issue of , the licences allowing
 Community vessels to fish in Comorian waters shall be as follows :
 ( a ) The Commission of the European Communities , through its representative of
       the Commission in Comoros ,      shall submit to the Comorian fishing
       authorities at least 20 days before the date of commencement of the period
       of validity requested an application in respect of each vessel wishing to
       fish under this Agreement , drawn up by the owner . The applications shall
       be made on the forms provided for that purpose by Comoros , a specimen of
       which is attached .
 ( b ) Licences are issued to a shipowner for a specific vessel .  At the request
       of the Commission of the European Communities , a licence issued for one
       vessel may, in a case of force majeure , be replaced by a licence issued
       for another Community vessel .
 (c)    The licence shall be delivered by the Comorian authorities to the
       representative of the Commission of the European Communities in Comoros .
 ( d ) Licences must be held on board at all times .
 ( e ) Before the entry into force of the Agreement the Comorian authorities
       shall communicate the arrangements for payment of the licence fees , in
       particular the details of the bank accounts and the currencies to be used .
 ---pagebreak--- 2 . Validity of licences and payment of fees
     ( a ) Licences shall be valid for one year .  They shall be renewable .
     ( b ) The   licence fee shall be set at 20 ECU /tonne of tuna caught in
           Comorian waters .
     Licences shall be issued following advance payment to Comoros of a lump
     sum of 1 000 ECU a year for each tuna seiner / equivalent to fees for a
     catch of 50 tonnes of tuna /year in Comorian waters .
     A provisional statement of the fees due for the fishing year shall be
     drawn up by the Commission of the European Communities at the end of each
     calendar year on the basis of the catch statements made by the shipowners
     and forwarded simultaneously         to the Comorian authorities and the
     Commission .     The corresponding amount shall be paid by the shipowners to
     the Comorian authorities no later than 31 March of the following year .
     The final statement of the fees due shall be drawn up by the Commission of
     the European Communities / which shall take into account any comments made
     by the Comorian authorities /        available scientific opinion and any
     statistical data concerning the Indian Ocean which may be gathered by an
     international Fisheries organization .
     Shipowners shall be notified by the Commission of the statement and shall
     have thirty days to acquit their financial obligations . Where the sum due
     for actual fishing operations is less than the advance payment / the
     shipowner will not be reimbursed the difference .
 ---pagebreak---                                       - 3 -
3 . Observers
At the request of the Comorian authorities tuna vessels shall take on
board an observer designated by the authorities in order to check catches
made in Comorian waters .     Observers shall have all facilities , including
parts of the ship and documents , necessary for the performance of their
duties .    Observers shall not remain on board for longer than the time
required to carry out their duties .        Observers shall be provided with
suitable food and accomodation while on board .      Should a tuna vessel with
a Comorian observer on board leave Comorian waters , every step shall be
taken to ensure that the observer returns to Comoros as soon as possible ,
at the shipowner 's expense .
4 . Radio communications
Vessels engaged in fishing activities in Comorian waters shall communicate
their position and catches to the Comorian authorities every three days
and shall notify the result of their catches at the end of each trip .
The Comorian authorities shall notify the Commission of the European
Communities of the name , call sign and frequency of the relevant radio
station .
5 . Fishing zones
To avoid adverse effects on small-scale fisheries , in Comorian waters ,
Community tuna vessels shall not be allowed to fish within 10 nautical
miles of any of the islands nor within a radius of 3 nautical miles of
fish aggregating devices placed by the Comorian authorities , the positions
of which have been communicated to the representative of the Commission of
the European Communities .
These provisions may be reviewed by the Joint Committee referred to in
Article 7 .
 ---pagebreak--- 6 . Ownership of rare species
Any coelacanth ( Latimeria chalumnae ) caught by a Community vessel
authorized to fish in Comorian waters remains the property of Comoros and
must be turned over without charge to the port authorities of Moroni or
Mutsamudu immediately in the best state possible .
 ---pagebreak---                  LICENCE APPLICATION FORM FOR A FOREIGN FISHING VESSEL
Name of applicant :
Address of applicant :
Name and address of charterer of vessel if different from above :
Name and address of representative ( agent ) in Comoros :
Name of vessel :
Type of vessel :
Country of registry :
Port and registration number :
Vessel 's external identification :
Radio call sign and frequency :
Length of vessel :
Width of vessel :
Engine type and horse power :
Gross registered tonnage of vessel :
Net registered tonnage of vessel :
 ---pagebreak---                                - 2 -
Minimum creu :
Type of fishing :
Proposed catch species :
Period of validity requested :
I,   the undersigned . certify that the above particulars
are correct .
Date : .                             Signature : .
 ---pagebreak---                                  PROTOCOL
    setting out the fishing opportunities and financial compensation
provided for under the Agreement between the European Economic Community
             and the Islamic Federal republic of the Comoros
                          on fishing off Comoros
 ---pagebreak---                                         1
                                    Artide 1
1 . For a period of three years from the entry into force of the Agreement
licences to fish in Comorian waters , to run concurrently , shall be granted
Under Article 2 to forty ocean-going freezer tuna vessels .
2 . In addition , a number of authorizations may be granted at the Community 's
request for other categories of fishing vessel on terms to be established by
the Joint Committee referred to under Article 7 of the Agreement .
                                    Article 2
1 . Until more knouledge is obtained about the fishery resources in Comorian
waters ,  and without prejudice to future arrangements ,         the financial
compensation referred to in Article 6 shall be subject to the following rules .
The financial compensation referred to in Article 6 of the Agreement shall be
set at a flat rate of 900 000 ECU for the duration of this Protocol , to be
paid in three equal annual instalments .      This sum covers annual catches of
6 000 tonnes . If the quantity of tuna caught by Community vessels in Comorian
waters exceeds this weight , the said sum shall be increased proportionally .
2.  The use to which this compensation is put shall be the sole responsibility
of the Government of Comoros .
                                                                              -/<P
 ---pagebreak---                                       Artide 3
1 . The Community shall also contribute during the period referred to in
Article 1 to the financing of Comorian scientific and technical programmes
( equipment ,    infrastructure ,       improved    administrative    structures ,
f isheries-related training , etc .) to increase the knowledge of the fishery
resources in Comorian waters .
2 . This contribution shall be    500 000 ECU for the duration of this Protocol .
3 . The competent Comorian authorities shall send the Commission a brief report
on the way this money has been spent .
4 . The Community 's contribution to the scientific and technical programmes
shall be paid on each occasion into an account specified by the Ministry of
Production , Rural Development , Industry and Crafts .
 ---pagebreak--- C0MPET1   IVENESS AND EMPLOYMENT IMPACT STATEMENT
The object of this measure is   to obtain fishing possibilities for
Communi*.y fishermen . It will  involve undertakings in certain
obligations ( e.g. the payment  of licence fees ) but these will be clearly
outweiohed by the benefit of    increased employment which will result .
  RAPPORT DE L' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
  L' objet de cette mesure est d' obtenir des possibilités de pêche pour
  les pë.:heurs de la Communauté .
  Cela implique l' engagement dans certaines obligations ( entre autres
  paieme t des redevances de licences ) mais celles-ci seront nettement
  dépassées par le bénéfice de l' augmentation de l' emploi .
 ---pagebreak--- FINANCIAL STATEMENT
                                                                     I DATE :
                                                                     I
1 . BUDGET HEADING : 422                                   APPROPRIATIONS :
2 . TITLE : EEC / Comoros Fishing Agreement
3.    LEGAL BASIS :     EEC / Islamic Federal Republic of the Comoros Agreement               on
fishing off Comoros
4 . AIMS : Agreement , Protocol and Annexes covering a period of three years
            - financial compensation - fishing rights
            - financing of a scientific programme
                                    I      PERIOD    I CURRENT FINANCIAL |        FOLLOWING     I
5 . FINANCIAL IMPLICATIONS          |       OF 12    I          YEAR          I FINANCIAL YEAR |
                                    I      MONTHS    I       ( 1988 )         I     ( 1989 )    I
                                    I                I                        I                 I
5.0 EXPENDITURE                     |                I                        I                 I
     - CHARGED TO THE EC            |                I    466 666 ECU         | 466 666 ECU I
        BUDGET ( REFUNDS /           |               I                        I                  I
        INTERVENTIONS )             |                 I                       I                  I
     - NATIONAL AUTHORITIES         |                I                        I                  I
     - OTHER                        I                 I                       I                 I
                                     I                II                       I                 I
                                     I                                         I                 I
5.1 REVENUE                          |                 I                      I                  I
     - OWN RESOURCES OF THE EC j                       I                       I                 I
        ( LEVIES / CUSTOMS DUTIES ) |                  I                      I                  I
     - NATIONAL                      I                 I                       I                 I
                                     I                 I                       I                 I
                                    I              I               I              I              I
                                     I    1988     I 1989          I 1990         I .            I
                                                   I                P
5.0.1 ESTIMATED EXPENDITURE            466 666 ECU | 466 666 ECU | 466 666 ECU
5.1.1 ESTIMATED REVENUE                ( average ) | ( average ) | ( average )
5.2 METHOD OF CALCULATION - Financial compensation - total cost : 900 000 ECU
                                                                 - annual cost : 300 000 ECU
                                 - Financing of Comoros scientific programme :
                                 500 000 ECU over three years , averaging 166 666 ECU
                                 per year
6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT
     CHAPTER OF THE CURRENT BUDGET ?                                                      YES
6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT
     BUDGET ?                                                                             YES
6.2 WILL A SUPPLEMENTARY BUDGET BE NECESSARY ?                                            N0
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY ?                                      YES
C0MKENTS :