CELEX: 51989PC0463
Language: en
Date: 1989-10-04
Title: PROPOSAL FOR A COUNCIL DECISION ON THE CONCLUSION OF AN AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS CONCERNING THE TEMPORARY EXTENSION FROM 8 AUGUST 1989 TO 31 DECEMBER 1989 OF THE PROTOCOL TO THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF THE REPUBLIC OF GUINEA ON FISHING OFF THE COAST OF GUINEA

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       C0M89) 463 f i n a l
                                                       Brussels, 4    October 1989
                                 Proposal f o r a
                                COUNCIL DECISION
  on the oonrVhvirtfwi of an Agreement In the farm of an exchange of letters
  oaDoerniqg thetemporaryextension from 8 August 1989 to 31 npomherr 1989
  of the Protoool to the Agreement between the European Rxmnnlo Ganraunity
  and the Govexxment of the Kapntillo of Guinea on fishing off the ooast of
  Guinea
                          (presented py the Commission)
 ---pagebreak---                                                             C&rytfti
                                                                     f-
                           EXPLANATORY MHCRANDGM
The Protocol to the fisheries Agreement between the Community and the
Republic of Guinea, signed on 7 February 1983 and last amended by the
Agreement signed on 28 July 1987 and approved by the Council on 19 January
1987, expired on 7 August this year.
Following a ministerial reshuffle in the Government of the Republic of
Guinea, negotiations on the renewal of the Protocol currently in force were
postponed, at the request of the Guinean authorities, until the last
quarter of 1989. To avoid any interruption in the fishing activities of
Community vessels from 8 August 1989, and pending the final outcome of the
negotiations, the two sides agreed on an exchange of letters extending the
present Protocol for an interim period from 8 August 1989 to 31 December
1989.
Under the exchange of letters, which was initialled on 18 July, the
maintenance of fishing rights during the interim period will entail the
extension on a pro rata basis of the overall amount earmarked In the
Community budget to cover financial compensation, grants, the scientific
programme and the fees to be paid by shipowners.
 ---pagebreak---  ---pagebreak---                            Proposal for a
                          COUNCIL DECISION
on the oonolTgrtgn of an Agreement in the form of an exchange of letters
concerning the temporary extension from 8 August 1989 to 31 December 1989
of the Protocol to the Agreement between the European Eoonrmlo Community
and the Government of the RepubLLo of Guinea on fishing off the coast of
Guinea
THE OOJNCILOF THE EUROPEAN             HAS UHÎ1LMJ AS FQLICMS:
COMMUNITIES,
                                                      Article 1
Having regard to the Treaty
establishing the European Eoonomio     The Agreement in the form of an
Community,                             exchange of letters concerning the
                                        temporary extension from 8 August
Having regard to the Agreement          1989 to 31 December 1989 of the
between the Government of the           Protocol to the Agreement between the
Republio of Guinea and the European     European Economic Community and the
Eoonomio Community on fishing off      Republio of Guinea on fishing off the
the coast of Guinea,1 as amended by     coast of Guinea is hereby approved on
the Agreement signed on 28 July        behalf of the Community.
1987,2
                                        The text of the Agreement is attached
Having regard to the proposal from      to this Decision.
the Commission,
whereas pursuant to the second                        Article a
paragraph of Article IS of the
Agreement the Community and the         The President of the Council is
Republio of Guinea must open            hereby authorized to designate the
negotiations, to determine the          persons empowered to sign the
arrangements which will apply after     Agreement In the form of an exchange
the Protocol to the Agreement           of letters in order to bind the
expires on 7 August 1989;               Community.
whereas on 18 July 1989 the two
sides agreed to extend the said         Done at Brussels,             1989
Protocol for an interim period from
8 August to 31 December 1989 pending                      For the Council
the outcome of the negotiations,                          The President
1 OJ No L 111, 27.4.1983, p. 1.
2 OJ No L 29, 30.1.1987, p. 9.
                                                                              3
 ---pagebreak---                               DRAFT AGREBfSTF
in the form of an exchange of letters concerning the extension of the
Protocol to the Agreement between the European Economic Community and the
Government of the Republic of Guinea on fishing off the coast of Guinea
A. Letter from the Community
   Sir,
   Pending the outcome of the negotiations for the amendment of the
   Protocol establishing fishing rights and financial compensation for the
   period from 8 August 1986 to 7 August 1989, annexed to the fisheries
   Agreement between the Government of the Republic of Guinea and the
   European Economic Community, I have the honour to inform you that, in
   order to ensure the continuation of the said Protocol, we have agreed on
   the following interim arrangements:
   1.   The arrangements which have applied for the last three years will
        be extended to cover the period from 8 August 1989 to 31 December
        1989.
        Under the interim arrangements, both the financial compensation
        paid by the Community and its contribution towards the financing of
        a Guinean scientific programme will correspond on a pro rata basis
        to those laid down in Articles 2 and 4 of the Protocol currently in
        force.
        The same pro rata rule will apply to the arrangements for grants
        under Article 5 of the Protocol.
   2.   During the interim period, licences will be granted within the
        limits set in Article 1 of the Protocol currently in force, subject
        to the payment of fees or advances corresponding pro rata to those
        specified in section A of Annex I to the Agreement. No licences
        will be Issued in respect of vessels for which the obligations
        regarding fees have not been complied with before 8 August 1989.
I should be obliged if you would acknowledge receipt of this letter and
confirm your agreement with its contents.
Please accept, Sir, the assurance of my highest considération.
                                                On behalf of the Council
                                                of the European Communities
 ---pagebreak---                                    - 2 -
B. Letter from the Government of the Republic of Guinea
   Sir,
   I have the honour to acknowledge receipt of your letter of today's date,
   which reads as follows:
   "Pending the outcome of the negotiations for the amendment of the
   Protocol establishing fishing rights and financial compensation for the
   period from 8 August 1986 to 7 August 1989, annexed to the fisheries
   Agreement between the Government of the Republic of Guinea and the
   European Economic Community, I have the honour to inform you that, in
   order to ensure the continuation of the said Protocol, we have agreed on
   the following Interim arrangements:
   1.   The arrangements which have applied for the last three years will
        be extended to cover the period from 8 August 1989 to 31 December
        1989.
        Under the interim arrangements, both the financial compensation
        paid by the Community and its contribution towards the financing of
        a Guinean scientific programme will correspond on a pro rata basis
        to those laid down in Articles 2 and 4 of the Protocol currently in
        force.
        The same pro rata rule will apply to the arrangements for grants
        under Article 5 of the Protocol.
   2.   During the interim period, licences will be granted within the
        limits set in Article 1 of the Protoool currently in force, subject
        to the payment of fees or advances corresponding pro rata to those
        specified in section A of Annex I to the Agreement. No licences
        will be issued in respect of vessels for which the obligations
        regarding fees have not been complied with before 8 August 1989.
I should be obliged if you would acknowledge receipt of this letter and
confirm your agreement with its contents. "
I have the honour to confirm that the contents of your letter are
acceptable to the Government of the Republic of Guinea and that your letter
and the present letter constitute an agreement in accordance with your
proposal.
Please accept, Sir, the assurance of my highest consideration.
                                                For the Government of
                                                the Republic of Guinea
 ---pagebreak--- FINANCIAL STATUENT                         Date:
1. BUDGET HEADING: 420
2. TITLE: EEC-Republic of Guinea fisheries Agreement
3. LEGAL BASIS: Protocol to the EBC-Republic of Guinea fisheries Agreement
covering the period from 8 August 1989 to 31 December 1989.
4. AIMS:
   Financial compensation - fishing rights         )    for the period
   Financing of a Guinean scientific programme     )    from 8 August to
   Awarding of EEC study and training grants       )    31 December 1989
5. FINANCIAL IMPLICATIONS      PERIOD      CURRENT FINANCIAL       FOLLOWING
                               OF 12              YEAR           FINANCIAL YEAR
                               MCNTHS            (     )             (      )
5.0 EXPENDITURE
     - CHARGED TO THE BC                   8 August - 31 Dec.
       RJUGhT (REFUNDS/                    1989 - 146 days
       INTERVENTIONS)                      ECU 1 232 917
     - NATIONAL AUTHORITIES
     - OTHER
5.1 REVENUE
     - OWN RESOURCES OF THE BC
       (LEVIES/CUSTOMS DUTIES)
     - NATIONAL
                                                  1988                 1989
5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE
5.2 METHOD OF CALCULATION:
    Financial compensation - annual cost - ECU 2 867 000
    ECU 2 867 QQQ x 146 - BOT 1 146 667
           365
    Financing of a Guinean scientific programme - ECU 350 000
    annual cost - BOT 116 667 x 148 - BOT 46 667
                        365
    Study and training grants - 9 three-year grants - (324 months + 3 -$-
    365) x 146 - BOT 52 25Q
    Convertible grants - (BCU 55 000 -s- 3 + 365) x 146 - ECU 7 333
    TOTAL BCU 1 232 917
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 SUPFLQ1ENTARY BUDGET BE NECESSARY?                            NO
6.3      WUJL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?         NOT APPLICABLE
COMMENTS:
 ---pagebreak--- COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT
The object of this measure is to maintain fishing possibilities for
Community fishermen.   It will involve undertakings in certain
obligations (e.g. the payment of licence fees) but these will be clearly
outweighed 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 le maintien des possibilités de pêche pour
  les pêcheurs de la Communauté.
  Cela implique l'engagement dans certaines obligations (entre autres
  paiement des redevances de licences) mais celles-ci seront nettement
  dépassées par le bénéfice de l'augmentation de l'emploi.
                                                                         >
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (89) 463 final
                                                      DOCUMENTS
EN                                                                              04
                                 Catalogue number : CB-CO-89-435-EN-C
                                                             ISBN 92-77-53273-4
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