CELEX: 51994PC0390(01)
Language: en
Date: 1994-09-16
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 establishing the fishing opportunities and financial contribution provided for in the Agreement between the European Community and the Islamic Federal Republic of the Comoros on fishing off the Comoros for the period from 20 July 1994 to 19 July 1997

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(94) 390 final
                                                   Brussels, 16.09.1994
                                                   94/0205 (CNS)
                                 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
     establishing the fishing opportunities and financial contribution
    provided for in the Agreement between the European Community
     and the Islamic Federal Republic of the Comoros on fishing off
     the Comoros for the period from 20 July 1994 to 19 July 1997
                                 Proposal for a
                       COUNCIL REGULATION (EC)                          94/0205 (CNS)
     relating to the conclusion of the Protocol setting out the fishing
       opportunities and financial contribution provided for in the
            Agreement between the European Community and
                the Islamic Federal Republic of the Comoros
               on fishing off the Comoros for the period from
                         20 July 1994 to 19 July 1997
                        (presented by the Commission)
 ---pagebreak---                                                                    z
                           EXPLANATORY MEMORANDUM
The protocol annexed to the fisheries agreement between EC and the Comores
expired on 19.7.1994. A new protocol was initialled by the two parties on
18.7.1994, setting technical and financial terms governing fishing by EC
vessels in the Comores waters for the period 20.7.1994 to 19.7.1997.
The Commission proposes on this basis that the Council adopt
-  by a Decision, the proposal for an agreement in the form of an exchange
   of letters on provisional application of the new protocol pending its
   .entry into force
-  by a Regulation, the protocol setting fishing rights and the technical
   and financial terms thereof agreed between the EC and the Comores from
   the period 20.7.1994 to 19.7.1997.
 ---pagebreak---                                                                                                                            3
                                                    Proposal for a
                                                   COUNCIL DECISION
                                                    of
                 on die conclusion of die Agreement in the form of an exchange of letters
                concerning the provisional application of the Protocol establishing die fishing
                opportunities and financial contribotion provided for in the Agreement between
                 the European                   Community and die Islamic Federal Republic of the
                Comoros on fishing off the Comoros for the period from 20 July 1994 to 19 July
                                                             19*7
THE COUNCIL OF THE EUROPEAN                UNION,                 the day following the date of expiry of the Protocol
                                                                  previously in force ; whereas the Agreement in the form
Having regard to the Treaty establishing the European
                                                                  of an exchange of tetters should be concluded subject to a
            Community,
                                                                  definitive decision under Article 43 of the Treaty,
Having regard to the Agreement bttwttu the European
            Community and the Islamic Federal Republic            HAS DECIDED AS FOLLOWS:
of the Comoros on fishing off the Comoros OL
                                                                                           Article 1
                                                                 The Agreement in the form of an exchange of letters
Having regard to the proposal from the Commission,                concerning the provisional application of the Protocol
                                                                  setting out the fishing opportunities and financial contri-
Whereas the Community and the Islamic Federal                     bution provided for in the Agreement between the Euro-
Republic of the Comoros have held negotiations with a             pean               Community and the Islamic Federal
view to determining amendments or additions to be made            Republic of the Comoros on fishing off the Comoros for
to the Agreement at the end of the period of application          the period from 20 July 1994 to 19 July 1997 is hereby
of the first Protocol to the Agreement;                           approved on behalf of the Community.
Whereas, as a result of those negotiations, a new Protocol        The text of the Agreement is attached to this Decision.
was initialled on 18 July 1994;
                                                                                           Article 2
Whereas, under that Protocol, Community fishermen
enjoy fishing opportunities in the waters falling within          The President of the Council is hereby authorized to
                                                                  designate the persons empowered to sign the Agreement
the sovereignty or jurisdiction of tL: Islamic Federal
                                                                  in the form of an exchange of letters in order to bind the
Republic of the Comoros for the period from 20 Jury
                                                                  Community .
1994 to 19 July 1997,
Whereas, in order to avoid interruption of fishing activi-        Done at Brussels,
ties by Community vessels, it is essential that the said
Protocol be approved as quickly as possible ; whereas both                                      For the Council
Contracting Parties have therefore initialled an Agree-
                                                                                                  The President
ment in the form of an exchange of letters providing for
the provisional application of tile initialled Protocol from
0 OJ No L 137. 2. 6. 1988. p. 19.
 ---pagebreak---                                                                                                           L
                                                                                                          /
                                             AGREEMENT
in the form of an Exchange of Letters concerning the provisional application of the
Protocol setting o u t the fishing opportunities and financial contribution provided for
in the A g r e e m e n t between the European                       C o m m u n i t y and the Islamic
Federal Republic of the C o m o r o s o n fishing off the C o m o r o s for the period from 20
                                    July 199 A to 19 July 1997
                         A. Letter from the Government         of the Comoros
Sir.
With reference to the Protocol, initialled on 18 July 1994 setting out the fishing.opportunities
and financial contribution for the period from 20 July 1994 to 19 July 199 7. I have the honour
to inform you that the Government of the Islamic Federal Republic of the Comoros is prepared
to apply the Protocol provisionally from 20 July 1994 pending its entry into force in accordance
with Article 7 thereof, provided that the European                 Community is prepared to do like-
wise.
It is understood that, in this case, a first instalment equal to one third of the financial compensa-
tion stipulated in Article 2 of the Protocol must be paid before -z* décentrer 1994
I should be grateful if you would confirm that the European                    Community is in agree-
ment with the foregoing.
Please accept. Sir. the assurance of my highest consideration.
                                                                For the Government of the
                                                        Islamic Federal Republic of the Comoros
                                   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 l g July 199 4 setting out the fishing opportuni-
     ties and financial contribution for the period from 20 July 1994 to 19 July 1997,1 have the
     honour to inform you that the Government of the Islamic Federal Republic of the Comoros
     is prepared to apply the Protocol provisionally from 20 July 1994, pending' its entry into
     force in accordance with Article 7 thereof, provided that the European                    Commu-
     nity is prepared to do likewise.
      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          31 december 1994.
      I should be grateful if you would confirm that the European                       Community is in
      agreement with the foregoing.*
 I have the honour to confirm that the Community is in agreement with the contents of your
 letter.
  Please accept. Sir, the assurance of my highest consideration.
                                                                       For the Council
                                                               of the European        Uhion
 ---pagebreak---                                               Proposal for a
                                                                                                                 ^
                                    COUNCIL REGULATION ( EC) N o
                                                  of
                  relating to die conclusion of the Protocol setting out the fishing opportunitiea
                 and financial contribution provided for In the Agreement between the European
                              Community and the Islamic Federal Republic of the Comoros on
                        fuming off the Comoros for the period 20 July 1994 to 19 July 1997
THE COUNCIL OF THE EUROPEAN UNION.
                                                                Whereas it is in the Community's interest to approve the
Having regard to the Treaty establishing the European           said Protocol.
Community, and in. particular Article 43 thereof in
conjunction with the first sentence of Article 228 (2) and
the first subparagraph of Article 228 (3),                      HAS ADOPTED THIS REGULATION
 Having regard to the proposal from the Commission,
 Having regard to the opinion of the European Par-                                      Article I
 liament f t
                                                                The Protocol setting out the fishing opportunities and
 Whereas, in accordance with the Agreement between the          financial contribution provided for in the Agreement
 European               Community and the Islamic Federal       between the European               Community and the
 Republic of the Comoros on fishing off the Comoros             Islamic Federal Republic of the Comoros on fishing off
                                      fl. the two Contrac-      the Comoros for the period 20 July 1994 to 19 July 1997
 ting Parties held negotiations with a view to determining      is hereby approved on behalf of the Community.
 amendments or additions to be made to the Agreement at
 the end of the period of application of the first Protocol     The text of the Protocol is attached hereto.
 to the Agreement;
 Whereas, as a result of those negotiations, a new Protocol                             Article 2
 defining the fishing opportunities and financial contribu-
 tion provided for in the abovementioned Agreement for           The President of the Council is hereby authorized to
 the period from 20 July 1994 to 19 July 1997 was                designate the persons empowered to sign the Protocol in
 initialled on 18 July 1994;                                     order to bind the Community.
                  This Regulation shall be binding in its entirety and directly applicable in all Member
                   States.
                   Done at Brussels,
                                                                             For the Council
                                                                              The President
  8 OJ    No C
     OJ No L 137, 2. 6. J 988. p. 18.
 ---pagebreak--- j                                             PROTOCOL
    setting out the fishing opportunities and financial contribution provided for in the
    Agreement between the European                         Community and the Islamic Federal
     Republic o( the Comoros on fishing off the Comoros for the period 20 July 1994 to 19
                                                July 1997
                                                                                                          6
                                                Article 1
   1. Pursuant to Article 2 of the Agreement, licences authorizing simultaneous fishing in
  Comorian waters shall be granted to 37 ocean-going freezer tuna vessels for a period of three
  years beginning on 20 July 1994
   2.     In addition, at the request of the Community, 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
 675.000 ' o r t n c PC"0*! provided for in Article I of this Protocol, payable in three equal annual
   instalments. That amount shall cover an annual catch of 4.500 tonnes of tuna in Comorian
   waters. If the tuna caught by Community vessels in Comorian waters exceeds that weight, the
   abovementioned amount shall be increased proportionately.
   2. The use to which the contribution is to be put shall fall within the exclusive competence of
   the Government of the Islamic Federal Republic of the Comoros.
                                                Article 3
    1. The Community shall also contribute, during the period referred to in Article I. to the
    financing of Comorian scientific or technical programmes (equipment, infrastructure, reinforce-
    ment of administrative and training structures in the fishing sector, etc.) designed to improve
    knowledge of fishery resources in Comorian waters.
    2.    That contribution shall be ECU 260.000 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 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 145J0OO. The grants may
     also be used in any country linked to the Community by a cooperation agreement.
     2. A part of the amount referred to in paragraph 1, which must not exceed ECU 45 000. may
     be used, at the request of the Comorian authorities, to cover the costs of participation in interna-
     tional meetings relating to fishing.
      3.   The amount referred to in paragraph 1 shall be payable »s it is used.
                                                  Article J
      Should the Community fail to make the payments provided for in Articles 2 and 3, the Fishing
      Agreement ntMy be suspended.
                                                  Article 6
     The Protocol to the Agreement between the European                    Community and the Islamic
      Federal Republic of the Comoros on fishing off the Comoros is hereby repealed and replaced by
      this Protocol.
                                                  Article 7
      This Protocol shall enter into force on the date of its signature.
      It shall apply from 20 July 1994
 ---pagebreak---                                                            ANXLX
C O N D r n O N S FOR T H E PURSUIT O F FISflINC ACTIVITIES BY COMMUNITY
                                                   COMORIAN WATERS
                                                                                                        VESSELS IN
                                                                                                                           ?
I . Application for and w«wc of ficeacn
     The procedure fat application* for. and issue of. the licence* allowing Community vessel* to fish in Comorian
     water» «halt be a* follow»:
     (a) the Commission of the European Communities, through it* representative of the Commission in CORMITIM.
          shall submit to the Comorian fishing authorities at least 20 days before the date of commencement of the
          period of validity requested, an application m 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
         Comoro*, a specimen of which t* attached;
     (b) berne» are issued t o 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) thr 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;
           However, the Comorian authorities shall, upon receipt of notification from the Commission of the
           European Communities that a d v a n c e payment h a s b e e n made, enter the v e s s e l concerned in the list
          of v e s s e l s with authorization to fish, which is sent to the control authority of Comoros. Pending receipt
          of the original of the licence, a copy of the licence that has b e e n drawn up may be issued by telefax to
           be held on board the v e s s e l .
   (C) before i he 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.
2. Validity of licences and payment of fees
     (a) Licences shall be valid for one year. They shall be renewable;
     (b) the liceme fee shall be set at 2 0 ECU/tonne of tuna caught in Comorian waters.
          Licences «hall be issued following advance payment to Comoros of a lump sum of 1 5 0 0 ECU a year for
          each tuna seiner, equivalent to fees for a catch of 7 5 tonnes of tuna a year in Comorian waters.
      The captain shall complete a fishing form corresponding 10 the model given in Appendix 2 for each
      period spent fishing i n C O f f t O r i a n fishing zone. T h e form may be replaced during the period of
      application of the Protocol by another document devised for the same purpose by an international
      organization responsible for tuna fishing in the Indian Ocean after the agreement of the Joint
      Committee referred to in Article 7 o f the Fisheries Agreement.
      T h e form, which must be legible and signed by the captain of the ship, shall be sent                           to
      l'Office de la recherche scientifique et technique d'ouire-mer (Office of Overseas Scientific and
      Technical Research)andEI Instituto Oceanografico Espanol (Spanish Oceanographical Institute) for
      processing within o n e month of the end of e a c h calendar quarter.
      Member States shall inform the Commission ol the European Communities before 15 April of the
      tonnages caught during the past year, as confirmed by the scientific institutes. On the basis of those
      figures the Commission shall establish a breakdown of the fees due in respect of a fishing year which it
      shall then send to the Comoriafauihorities for their comments.
      Shipowners shall be notified by the Commission of the European Communities of this breakdown by
      the end of April at the latest and shall have 30 days in which to meet their financial obligations. T h e
      shipowner cannot recover the balance in cases where the amount payable in respect of actual fishing
      operations is less than the advance payment.
   .1. Observers
        At thr 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 document*, necessary for the performance of their dune*. Observers khall not remain on
        board for longer than the time required to carry out their dune*. Observers shall be provided with suitable food
        and accommodation 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 return* to Comoros as soon as possible, at the
        shipowner's e t pense.
 ---pagebreak--- 4. Radio communications
                                                                                                                        c?
    Whenever Community vessels enter or leave Comorian waters they must contact the Comorian
    radio station to notify their position and the quantities of fish on board. The call sign and frequency
    shall be notified to shipowners when «he fishing licence is issued.
    In cases where radio communication cannot be used, vessels may use alternative means of
    communication, such as telefax.
 5. Fishing tones
     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 three 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 in Comoros.
     These provisions may be reviewed by the Joint Commince refer red to in Article 7 of the Agreement.
 6. Ownership of rare species
     Any coclacanrh {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.
  7. Transshipment
      Community vessel owners must give consideration to the harbour facilities of Mutsamudu for any
      transshipment operations.
 ---pagebreak---                                                                                                                  3
                                      Appendix 1
                   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:
Vessels 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: ..
Minimum crew:
Type of fishing:
Proposed catch species:
Period of validity requested:
I. the undersigned                                               certify that the above particulars are correct.
Date:          -,                                          Signature:
 ---pagebreak---                                                                                                                 Appendix 2
                                                                                                                                                             ICCAT LOGBOOK for TUNA FISHERY
   Vessel name                                                        Gross tonnage                                                                                                                                                                                   D  Longline
    Flag country                                                      Capacity (M T )                                                                                                                                                                                 D  Baitboat
                                                                                                                                                                                                                                                                      0  Purse seme
   Registration No                                                    Captain                                                                                      month           day            yeer                          port                                  D  Trolling
   Company or Owner                                                   No of crew                                                 Boat LEFT                                                    19                                                                      D Others
                                                                                                                                                                                                                                                                     Page               of             pages
                                                                      Reporting date                                             Boat RETURNED
   Address
                                                                      Reported by                                                Number of days at sea                                 Number of tisnmg days or
                                                                                                                                                                       days                                                                     Trip number                  19 -
                                                                                                                                                                                       number of sets mede
       Dates             Area                                                                                                                                      CATCHES                                                                                                                       BaK used
                                                 Elton
                                        «      (Number         Bluefin tune
                                                                                     Vellowfln tuns    Bigeye lune           Albacore           Swordflsh
                                                                                                                                                                    Striped merlin
                                                                                                                                                                     White merlin         Black merlin
                                                                                                                                                                                                                      Sallfisrt
                                                                                                                                                                                                                   istiopnorus
                                                                                                                                                                                                                                        Skipjack            Miscellaneous
                                                  of        Thunnus Ihynnus                                                                                                                                                           Kslsuwenus                                  Daily total
                                                                                  Thunnus Slbtcsres  Thunnus obssus       Thunnus slslungs    XipNss gitdius      Tttrsptums sudsx        Mêkltrê indies           slDicsns or                                  fishes
                                                Hooks          or mtceoytt                                                                                                                                         plstyptsrus          ptlsms                                    (in weight)
                    a                                                                                                                                                 or itbKtus
                                                                                                                                                                                                                                                                                                I , 1I 6•
     £             •S </>      I   S
                                        r
                                                used)                                                                                                                                                                                                                               kg only)
                   I  S                                   number       weight
             £                 ! 2                          fish        In kg
                                                                                   No           kg   No         kg        No         kg      No         kg          No         kg        No          kg          No             kg   No         kg          Sp           kg
           0 1
           0 2
           0 3
           0 4
           0 S
           0 6
           0 7
           0 8
           0 9
           1 0
           1 1
           1 2
           1 3
           1 4
           1 5
           1 6
           1 7
           1 8
           1 9
           2 0
           2 1
           2 2
           2 3
           2 4
           2 5
           2 S
           2 7
           2 B
           2 9
                                                                                                          .
          3 0
        i> 1
  Landing weight |m kg)
                                                                                                                                                                                                                                                                                                     _
1. Use one sheet per month, and one line per dey.                                                                                                         i Fishing area refers to the noon position e> the Doat Round on minutes and record degrees of lawude and longitude Be sure to record H/S end E/W.
2. At the end of each trip, forward a copy of the log to your correspondent or to ICCAT. General Mola 17. Madrid 1. Spair                                 5 The bottom line (lending weight I should be completed only at the ena ot the trip Actual weigh! a! the time of unloading should be recorded.
                                                                                                                                                          6 All information reported herein will he kept strictly confidential
                                                                                                                                                                                                                                                                                                             ft
 ---pagebreak---                                                                              y\A
           FINANCIAL STATEMENT
                                                   DATE
1. BUDGET HEADING :B7-800
2. TITLE : New protocol EC/Comores
3. LEGAL BASIS : Agreement EC/Comores
4. AIMS OF PROJECT : Protocole for a period of 3 years
5. FINANCIAL IMPLICATIONS          PERIOD OF       CURRENT          FOLLOWING
                                   12 MONTHS       FINANCIAL        FINANCIAL
5.0. EXPENDITURE                                   YEAR (94)        YEAR (95)
     - charged to the EC budget                    360.000 ECU      360.000 ECU
       (refunds/intervention)                      (annual          (annual
     - national administration                     average)         average)
     - other
5.1. REVENUE
     - own resources of the CE
       (levies/customs duties)
     - national
                                      1994        1995         1996
5.0.1. ESTIMATED                   360.000     360.000      360.000
EXPENDITURE                        (annual     (annual      (annual
                                   average)    average)     average)
5.2. METHOD OF CALCULATION:
     - financial contribution :                      675.000 ECU
     - scientific programme :                        260.000 ECU
     - study grants :                                145.000 ECU
     Financial compensation :                      1.080.000 ECU
     Average annual cost :                           360.000 ECU
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. IS A SUPPLEMENTARY BUDGET NECESSARY ?                              -+/NO
6.3. WILL FUTURE BUDGET APPROPRIATIONS BE
     NECESSARY ?                                                      YES/++
OBSERVATIONS :
 ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(94) 390 final
                                                       DOCUMENTS
EN                                                                           U03
                                 Catalogue number : CB-CO-94-411-EN-C
                                                             ISBN 92-77-80603-6
Office for Official Publications of the European Communities
L-2985 Luxembourg