Legal provisions of COM(2004)186 - Signature and provisional application of the Agreement concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement with Cape Verde on fishing off the coast of Cape Verde for the period 1 July 2004 to 30 June 2005 - Main contents
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dossier | COM(2004)186 - Signature and provisional application of the Agreement concerning the extension of the Protocol setting out the fishing ... |
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document | COM(2004)186 ![]() |
date | March 22, 2004 |
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52004PC0186
Proposal for a Council Decision on the signature on behalf of the European Community and the provisional application of the Agreement in the form of an Exchange of Letters concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde for the period 1 July 2004 to 30 June 2005 /* COM/2004/0186 final */
Proposal for a COUNCIL DECISION on the signature on behalf of the European Community and the provisional application of the Agreement in the form of an Exchange of Letters concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde for the period 1 July 2004 to 30 June 2005
(presented by the Commission)
EXPLANATORY MEMORANDUM
The Protocol to the Fisheries Agreement between the European Community and the Republic of Cape Verde expires on 30 June 2004.
The two Parties met in Praia on 20 and 21 October 2003 in the framework of the Joint Committee provided for in Article 9 of the Fisheries Agreement between Cape Verde and the European Community.
The Parties decided to extend the Protocol for a period of one year, from 1 July 2004 to 30 June 2005. This extension, in the form of an Exchange of Letters, was initialled by them on 21 October 2003 and sets out the technical and financial conditions governing the fishing activities of Community vessels in Cape Verde waters for the period 1 July 2004 to 30 June 2005.
The Commission proposes, on this basis, that the Council adopt by Decision the provisional application of the Exchange of Letters, pending its definitive entry into force.
A proposal for a Council Regulation on the conclusion of the Agreement in the form of an Exchange of Letters on the extension of the Protocol is the subject of a separate procedure.
Proposal for a COUNCIL DECISION on the signature on behalf of the European Community and the provisional application of the Agreement in the form of an Exchange of Letters concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde for the period 1 July 2004 to 30 June 2005
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 ,
OJ C [...] [...], p. [...]
Whereas:
(1) Under the Agreement between the European Economic Community and the Republic of Cape Verde on fishing off the coast of Cape Verde , the Contracting Parties are to enter into negotiations, before the end of the period of validity of the Protocol to the Agreement, in order to determine by common accord the terms of the Protocol for the following period and, where appropriate, any necessary amendments or additions to the Annex.
OJ L 212, 9.8.1990, p. 1.
(2) Pending negotiations on the amendments to be made to the existing Protocol approved by Regulation (EC) No 301/2002 , the two Parties have decided to extend its validity for one year by means of an Agreement in the form of an Exchange of Letters.
OJ L 47, 19.2.2002, p. 2.
(3) Under this Exchange of Letters, Community fishermen have fishing opportunities in the waters under the sovereignty or jurisdiction of Cape Verde for the period 1 July 2004 to 30 June 2005.
(4) It is essential that the extension be applied as soon as possible in order to avoid interrupting the fishing activities of Community vessels. The Agreement in the form of an Exchange of Letters should therefore be signed and applied on a provisional basis pending the completion of the procedures required to conclude it.
(5) The allocation of fishing opportunities among the Member States under the Protocol approaching expiry should be confirmed,
HAS DECIDED AS FOLLOWS:
Article 1
The text of the Agreement is attached to this Decision.
Article 2
Article 3
>TABLE POSITION>
If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may consider licence applications from any other Member State.
Article 4
OJ No L 73, 15.3.2001, p. 8.