CELEX: 51987PC0086
Language: en
Date: 1987-03-06
Title: Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters concerning the provisional application of the Agreement between the European Economic Community and the Government of the Democratic Republic of Madagascar amending the Agreement on fishing off the coast of Madagascar#Proposal for a COUNCIL REGULATION (EEC) on the conclusion of the Agreement amending the Agreement between the European Economic Community and the Government of the Democratic public of Madagascar on fishing off the coast of Madagascar signed in Antananarivo on 28 January 1986#(presented by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 86
Vol. 1987/0038
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
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der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
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Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(87 ) 86 final
                                                       Brussels , 6 March 1987
                                   Proposai for a
                                  COU NC IL DECISION
 on the conclusion of an Agreement in the form of an exchange of letters
     concerning the provisional application of the Agreement between the
       European Economic Community and the Government of the Democratic
         Republic of Madagascar amending the Agreement on fishing off
                              the coast of Madagascar
                                   Proposal for a
                             COUNCIL REGULATION ( EEC )
   on the conclusion of the Agreement amending the Agreement between the
      European Economic Community and the Government of the Democratic
          public of Madagascar on fishing off the; coast
                                                       coast
                                                       coastofof   ofMadagascar:
                                                                      Madagascar
                                                                      : ■ Madagascar:
                                                             ■■■                        A
                   signed in Antananarivo on 28 January
                                                     January1986
                                                       January    1986
                                                                 1986                 -
                          ( presented by the Commission )
C0MC87 ) 86 final
 ---pagebreak---                                                                                                   f
                                         EXPLANATORV MEMORANDUM
            Under AiticLe 5 of Protocol 1 to the fisheries Agreement between the European
            Economic Community and the Democratic Republic of Madagascar , which was signed
            in Antananarivo on 28 January 1986, the Protocol may be reviewed in the event
            of substantial growth of the Community fleet .
            Having regard to the interests of the enlarged Community , the twoo parties
            entered into negotiations which led to an Agreement amending the Agreement
            between the European Economic Community and the Government of the Democratic
            Republic of Madagascar on fishing off the coast of Madagascar , which was
            initialled in Antananarivo on 28 November 1986 .
            The new Protocol applicable to Community vessels makes the following provisions
            for a three-year period :
            (a)    an increase in tuna-fishing licences from 27 to 49 ocean-going freezer
                   tuna boats and an increase in the number of such vessels fishing simul ¬
                   taneously from 18 to 33 .
            (b)    Financial compensation has increased from 900 000 ECU to at least
            1 530 000 ECU for the duration of the Protocol , on the basis of a catch weight
            of 10 200 tonnes per year ( previously 6000 tonnes per year ).  If the amount of
            tuna caught exceeds this quantity , the amount of  financial compensation is increased
            accordingly : however , the ceiling for financial  compensation remains fixed at
            3 000 000 ECU for the duration of the Protocol .   The fees payable by shipowners , which
            were fixed on a flat-rat - basis , are from now on to be paid individually .
            In order to make immediate use of the new fishing possibilities open to vessels of
the enla r qed Community , thel
       v two Parties nave agreed in an exchange of letters on the provisional application
            of the new arrangements from 28 November 1986 onwards with the aim of establishinr in
            good time the necessary procedures for the signing and entry into force of the
            Agreement .
 ---pagebreak---                                                                              2.
1' the Light of the foregoing , the Commission recommends that , as soon as
pcssible , the Council :
1 . Conclude the Agreement in the form of an exchange of letters on the
provisional application of the Agreement between the European Economic Community
and the Government of the Democratic Republic of Madagascar amending the
Agreement on fishing off the coast of Madagascar by adopting the Decision
attached hereto ;
2.  Conclude the Agreement amending the Agreement between the European Economic
Community and the Government of the Democratic Republic of Madagascar on
fishing off the coast o' Madagascar , signed in Antananarivo on 28 January 1986
by adopting the Regu lat i on attached hereto .
 ---pagebreak---                                                                                     i
                               PROPOSAL FOR A COUNCIL DECISION
on the conclusion of an Agreement in the form of an exchange of letters
concerning the provisional application of the Agreement between the
European Economic Community and the Government of the Democratic Republic
of Madagascar amending the Agreement on fishing off the coast of Madagascar
THE COUNCIL OF THE EUROPEAN ECONOMIC COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
                                                           1
 Having regard to the proposal from + he Commission          ,
 Whereas , pursuant to Article 5 of Protocol 1 to the Agreement between the European
 Economic Community and the Government of the Democratic Republic of Madagascar on
 fishing off the coast of Madagascar , signed at Antananarivo on 28 January 1986^,
 the Community and the Democratic Republic of Madagascar conducted negotiations to
 determine the amendments to be made to the Agreement ;
Whereas , as a result of those negotiations ,          an Agreement amending the
above-mentioned Agreement was initialled on 28 November 1986 ;
Whereas , under that             Agreement , fishermen from the enlarged Community
have i nc reased f i sh i ng opportunities open to them in the waters under the
sovereignty or jurisdiction of Madagascar ;
  (1)
  ( 2 ) OJ N° L 73 , 18.03.1986 , p. 25
 ---pagebreak--- Whereas , in order to make immediate use of the new fishing possibilities open
   to   vessels of the enlarged Community , the two parties also initialled an
txchange of letters providing for the provisional application of the Agreement
c i from 28 November 1986 ; whereas it is therefore imperative to conclude this
e change of letters as soon as possible pending the conclusion of the
  g eement on the basis of Article 43 .
HAJ DECIDES AS FOLLOWS :
                                      Article 1
~he Agreement in the form of an exchange of letters concerning the provisional
application of the Agreement between the European Economic Community and the
Government of the Democratic Republic of Madagascar amending the Agreement on
fishing off the coast of Madagascar is hereby approved on behalf of the
Community .
The text of the Agreement is attached to this Decision .
                                      Article 2
The 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 .
                                                      For the Council
                                                      The President
 ---pagebreak---                                                                                  г
                     PROPOSAL FOR A COUNCIL REGULATION
on the conclusion of the Agreement amending the Agreement between the European
Economic Community and the Government of the Democratic Republic of Madagascar
on fishing off the coast of Madagascar signed in Antananarivo on 28 January 1986
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 43 ,
Having regard to the Commission Proposal ( 1 ),
Having regard to the opinion of the European Parliament ( 2 ),
  Whereas , pursuant to Article 5 of Protocol 1 to the Agreement between the
European Economic Community and the Government of the Democratic Republic of
Madagascar on fishing off the coast of Madagascar , signed at Antananarivo on
28 January 1986 ( 3 ), the Community and the Democratic Republic of Madagascar
have conducted negotiations to determine the amendments to be made to the
Agreement ;
Whereas , as a result of those negotiations , an Agreement amending the above -
mentioned fisheries Agreement was initialled on 28 November 1986 ; whereas
by this Agreement , fishermen from the enlarged Community wich have increased
fishing possibilities in the waters the sovereignty or jurisdiction of
Madagascar ;
whereas it is in the Community 's interest to conclude this Agreement ,
(1)
 ( 2)
 ( 3 ) OJ L 73 , 18.93.86 , p.25
 ---pagebreak---   HAS ADOPTED THIS REGULATION :
                                       Article 1
 i 'ns Agreement amending the Agreement between the European Economic Community
an' ! the Government of the Democratic Republic of Madagascar on fishing off
the coast of Madagascar is hereby approved on behalf of the Community .
The text of the Agreement is attached to this Regulation .
                                       Article 2
The President of the Council is hereby authorized to designate the persons
empowered to sign the Agreement .
                                        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 apply as from the date of signature of the Agreement
 in conformity with Article 3 of the Agreement .
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
 Done at Brussels                                    For the Counci l
                                                     the President
 ---pagebreak---                                                                                     7
                                     DRAFT
                                   AGREERENT
amending the Agreement between the European Economic Community and the Government
of the Democratic Republic of Madagascar on fishing off the coast of Madagascar ,
signed at Antananarivo on 28 january 1986
                                   Article 1
Protocol 1 annexed to the Agreement between the European Economic Community and the
Government of the Democratic Republic of Madagascar on fishing oof the coast of
Madagascar is hereby amended as follows :
1 . Article 1 shall be replaced by the following :
                                 " Article 1
Pursuant to Article 2 of this Agreement and for the period of application of this
Protocol , which is limited to three years , tuna-fishing licences in Madagascar 's
fishing zone shall be issued for 49 ocean-going freezer tuna boats , although the
number of such vessels fishing simulaneously may not exceed 33 . The relevant
Community authorities shall communicate at regular intervals the list of
vessels fishing under these rules ."
2 . Article 2 shall be replaced by the following :
                                 " Article 2
The amount of the contribution referred to in Article 7 of the Agreement shall be
fixed at a flat-rate of at least 1 530 000 ECU for the duration of the Protocol ,
payable in three equal annual instalments . This amount shall cover the fishing ,
a catch weight in Madagascar 's fishing zone of 10 200 tonnes of tuna fish per
year ; if the mount of tuna caught by Community vessels in Madagascar 's fishing
zone exceeds this quantity , the abovement ioned amount shall be increased accordingly
however , irrespective of the amount actually caught , the ceiling for financial
compensation shall be fixed at 3 000 000 ECU for the duration of the Protocol , and
hence at 1 000 000 ECU per year ."
                                   Article 2
In the Annex to the Agreement between the European Economic Community and the
Government of the Democratic Republic of Madagascar on fishing off the coast of
Madagascar , point 2 ( b ) shall be replaced by the following :
" 2(b ) The sum of 555 ECU shall be paid each year by owners for each tuna-boat to
the Treasury of Madagascar as an advance on the fees ."
 ---pagebreak---                                                                                    s
                                   Article 3
T ! s Agreement , drawn up in duplicate in the Danish , German , Greek , English ,
S anish , French , Italian , Dutch , Portuguese and Malagasy languages , each of
t tie texts being equally authentic , shall enter into force on the date of its
s gnature .
I " shall apply from 28 November 1986 .
 ---pagebreak---                                  Draf t
                               AGREEMENT
in the form of an exchange of Letters concerning the provisional application of the
Agreement amending the Agreement between the European Economic Community and the
Government of the Democratic Republic of Madagascar on fishing off the coast of
Madagascar signed at Antananarivo on 28 January 1986
A. Letter from the Government of Madagascar
Si r ,
With reference to the draft Agreement between the European Economic Community
and the Government of the Democratic Republic of Madagascar , initialled on
28 November 1986 , amending the Agreement on fishing off the coast of Madagascar ,
signed at Antananarivo on 28 January 1986 , I have the honour to inform you that
the Government of Madagascar is ready to apply this draft Agreement on a
provisional basis , with effect from 28 November 1986 , until its entry into
force in accordance with Article 3 of the said Agreement , provided that the
European Economic Community is disposed to do the same .
This is on the understanding that payment of the difference between the
financial compensation paid for the first year of application of the Protocol
and the first instalment of the financial compensation fixed by Article 1(2 )
of the amended Protocol is effected by 15 March 1987 .
I should be obliged if you would confirm the European Economic Community 's
agreement to such provisional application .
Please accept , Sir , the assurance of my highest consideration .
                                        For the Government of
                            the Democratic Republic of Madagascar
 ---pagebreak---    B. Letter from the European Economic Community
   ■ ir ,
   I am in receipt of your letter of today 's date , which reads as follows :
"w t , reference to the draft Agreement between the European Economic Community
 and the Government of the Democratic Republic of Madagascar , initialled on
 2b November 1986 , amending the Agreement on fishing off the coast of Madagascar ,
 s gned at Antananarivo on 28 January 1986 , I have the honour to inform you that
 the Government of Madagascar is ready to apply this draft Agreement on a
 provisional basis , with effect from 28 November 1986 , until its entry into
 vcrce in accordance with Article 3 of the said Agreement , provided that the
 European Economic Community is disposed to do the same .
 This is on the understanding that payment of the difference between the
 financial compensation paid for the first year of application of the Protocol
 and the first instalment of the financial compensation fixed by Article 1(2 )
 of the amended Protocol is effected by 15 March 1987 .
 I should be obliged if you would confirm the European Economic Community 's
 agreement to such provisional application .*1
  I have the honour to confirm the European Economic Community 's agreement to
  such provisional application .
 Please accept , Sir , the assurance of my highest consideration .
                                               For the European Economic Community
 ---pagebreak---                      FINANCIAL                      STATEMENT                             I___
                                                                                            HATE
                                                                                            ПАТЕ i1
 1 . BUDCET LINS COIICERN'ED i                     422
 z. ACTION , EEC _ MADAGASCAR Fi sheries Agreement
 3. 'LEGAL BASIS , Agreement amending the EEC-MADAGASCAR Agreement covering the period 28 January 1986
                            to 27 January 1989               _'                                      _ 7
A. 0&JEGTIVT2 , nities      AmendmentforofCommunity
                                               Articles vessels
                                                         1 and 2 of the Protocol, in orders to increase fishing opportu¬
5 . FINANCIAL cciisixyjuicE                            POS THE KARTET! K0 TEAS CURRETT FINANCIAL YEAS PCLLOVINO FINANCIAL TEAR
3.0 DUENDITURE                                                                        ( 86 )                 ( 87     )
      -CIURCED TO THE EC BUDGET
         ( REUNI LG/ 1 II TER VENTI ONS )                                       Amount initially       Amount initially
      -CHARGED TO NATIONAL ADKJH1SYR ,                                          provided for to be     provided for to be
      –CILARCED TO OTHER NATIOHAL CR0UP3                                        increased by           increase by
5.1 RECDPTS                                                                      210.000 ECU            210.000 ECU
      -^IVN RESOUNCIS 0P Γ2 EC
        ( LEVlES/ CUSTO>.S DUTIES )
      -NATIONAL
                                                       ^ .                     ТЕЛЯ . 1986. .         ТЕЛЯ . 4987 ....
3.o.i PLURI ANNUAL PATTIGÌS W EiPErrDiniRE
5-1.1 PlAiRI ANNUAL PATTESN OP RECEIPT3
J ’ t ,a ‘ “0I) or CiLCUUTlc,w Financial compensation increased from 900.000 ECU to
                                     1 - 530. COO ECU for a three-year period,
                              i.e.       210.000 ECU per year .
6.0 FINANCING POSSIBLE LiTH CREDITS INSCRIBED IN RELEVANT CHAPTER Op CUR/UDIT BUDGET T                            IES^
6.i PlliANCIHC POSSIBLE BY TRANSFER BST.EEJi CHAPTERS CP CURRENT B'JDCET 7
6.s <-. E:ESSI rr res A SUPPOSE:.-? ART BUDGET 7                                                                8.J4S/ IIO
0.3 C-CJITS TO BE WRITTEN INTO run;as BUKSTS 7                   1988 : amount initially provided for to         ra/ M
                                                                 be increased by 210.000 ECU
са-хс.-я !
 ---pagebreak---                                                                                   12
Statement concerning the impac t of certain Legi slative acts on small and
medium-sized undertakings and employment
1.    ADMINISTRATIVE OBLIGATIONS ARISING FOR UNDERTAKINGS AS A RESULT OF
      APPLICATION OF THE LEGISLATION
      None
2.    ADVANTAGES FOR THE UNDERTAKING
      - Yes
      - if so , specify :   Possibility of retention and development of fishing
                            activities in waters under the sovereignty of Madagascar
3.    OBLIGATIONS OF THE UNDERTAKING
      ( additional costs )
      - yes
      - is so , specify : Fees for fishing licences , taking on board fishermen ,
                           observers and scientists ( see Agreement )
4.    EFFECT ON EMPLOYMENT
      - maintains employment
5.    WAS THERE PRIOR CONSULTATION WITH EMPLOYERS AND UNION REPRESENTATIVES ?
      -  no
      - opinion of these representatives
6.    IS THERE AN ALTERNATIVE , LESS RESTRICTIVE APPROACH ?
         no