Legal provisions of COM(2007)579 - Conclusion of the Agreement on the provisional application of the Protocol to the fisheries agreement with Guinea-Bissau for the period 16 June 2007 to 15 June 2011 setting out the fishing opportunities and financial contribution

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27.12.2007   ENOfficial Journal of the European UnionL 342/1



COUNCIL DECISION

of 4 December 2007

concerning the conclusion of the Agreement in the form of an Exchange of Letters on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau for the period 16 June 2007 to 15 June 2011

(2007/854/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)The Community has negotiated with the Republic of Guinea-Bissau a new Fisheries Partnership Agreement providing Community vessels with fishing opportunities in the waters over which Guinea-Bissau has sovereignty or jurisdiction in respect of fisheries.

(2)As a result of those negotiations, a Fisheries Partnership Agreement was initialled on 23 May 2007.

(3)The existing Fisheries Agreement between the European Community and the Government of the Republic of Guinea-Bissau is repealed by the new Fisheries Partnership Agreement.

(4)In order to guarantee the continuation of fishing activities by Community vessels, it is essential that the new Fisheries Partnership Agreement should be applied as quickly as possible. Both parties have therefore initialled an Agreement in the form of an Exchange of Letters on the provisional application of the Protocol attached to the new Fisheries Partnership Agreement from 16 June 2007.

(5)It is in the Community’s interest to approve the Agreement in the form of an Exchange of Letters.

(6)The method for allocating the fishing opportunities among the Member States should be defined,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters on the provisional application of the Protocol setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau for the period 16 June 2007 to 15 June 2011 is hereby approved on behalf of the Community, subject to the Council Decision on its conclusion.

The texts of the Agreement in the form of an Exchange of Letters, the Fisheries Partnership Agreement, its Protocol and the Annexes thereto are attached to this Decision.

Article 2

1. The fishing opportunities set out in the Protocol shall be allocated among the Member States as follows:

(a)shrimp fishing:

Spain1 421GRT
Italy1 776GRT
Greece137GRT
Portugal1 066GRT

(b)fin-fish/cephalopods:

Spain3 143GRT
Italy786GRT
Greece471GRT

(c)tuna seiners and surface longliners:

Spain10vessels
France9vessels
Portugal4vessels

(d)pole-and-line vessels:

Spain10vessels
France4vessels.

2. If licence applications from the Member States referred to in paragraph 1 do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.

Article 3

The Member States whose vessels fish under the Agreement referred to in Article 1 shall notify the Commission of the quantities of each stock caught within the Guinea-Bissau fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regulation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas (1).

Article 4

The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.