Council Decision 2006/788/EC on 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 Agreement between the European Community and the Gabonese Republic on fishing off the coast of Gabon for the period from 3 December 2005 to 2 December 2011

18.11.2006 OBJ Official Journal of the European Union L 319/15 II (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 7 November 2006 on 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 Agreement between the European Community and the Gabonese Republic on fishing off the coast of Gabon for the period from 3 December 2005 to 2 December 2011 (2006/788/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 3 7 in conjunction with Article 300(2) thereof, Having regard to the proposal from the Commission, Whereas: (1) (2) (3) The Community and the Gabonese Republic have nego tiated and initialled a Fisheries Partnership Agreement providing Community fishermen with fishing opportu nities in the waters falling within the sovereignty of the Gabonese Republic. It is in the Community's interest to approve that Agreement. It is necessary to guarantee the continuity of fishing activities from the date of expiry of the previous Protocol (1) until the date of entry into force of the Protocol setting out the fishing opportunities and financial contribution provided for in that Agreement. (4) The method for allocating the fishing opportumt1es among the Member States should be defined, (1) Approved by Council Regulation (EC) No 580/2002 of 25 March 2002 (OJ L 89, 5.4.2002, p. 3). 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 Agreement between the European Community and the Gabonese Republic on fishing off the coast of Gabon for the period from 3 December 2005 to 2 December 2011 is hereby approved on behalf of the Community. The text of the Agreement is attached to this Decision. Article 2 The Agreement shall apply provisionally from 3 December 2005. Article 3 The fishing opportumt1es set out in the Protocol to the Agreement shall be allocated among the Member States as follows: Fishing category Type of vessel Member State Licences or quota Tuna fishing Surface longliners Spain 13 Portugal 3 Tuna fishing Freezer tuna seiners Spain 12 France 12 L 319/16 OBJ Official Journal of the European Union 18.11.2006 If licence applications from these Member States do not exhaust all the fishing opportunities laid down by the Protocol, the Commission may take into consideration licence applications from any other Member State. Article 4 The Member States whose vessels fish under this Agreement shall notify the Commission of the quantities of each stock caught within the Gabonese fishing zone in accordance with Commission Regulation (EC) No 500/2001 of 14 March 2001 laying down detailed rules for the application of Council Regu lation (EEC) No 2847/93 on the monitoring of catches taken by Community fishing vessels in third country waters and on the high seas (1). (1) OJ L 73, 15.3.2001, p. 8. Article 5 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. Done at Brussels, 7 November 2006. For the Council The President E. HEINALUOMA 18.11.2006 OBJ Official Journal of the European Union 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 Agreement between the European Community and the Gabonese Republic on fishing off the Coast of Gabon for the period from 3 December 2005 to 2 December 2011 A. Letter from the Government of Gabon Sir, With reference to the Protocol, initialled on Friday 28 October 2005, setting out the fishing opportunities and the financial contribution for the period from 3 December 2005 to 2 December 2011, I have the honour to inform you that Gabon is willing to apply the Protocol provisionally from 3 December 2005 pending its entry into force in accordance with Article 13 thereof, provided that the European Community is prepared to do likewise. This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of the Protocol, must be paid before 30 September 2006. I should be grateful if you would confirm the agreement of the European Community to such a provisional application. Please accept, Sir, the assurance of my highest consideration. For the Government of Gabon B. Letter from the European 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 Friday 28 October 2005, setting out the fishing opportu nities and the financial contribution for the period from 3 December 2005 to 2 December 2011, I have the honour to inform you that Gabon is willing to apply the Protocol provisionally from 3 December 2005 pending its entry into force in accordance with Article 13 thereof, provided that the European Community is prepared to do likewise. This is on the understanding that the first instalment of the financial contribution, laid down by Article 2 of the Protocol, must be paid before 30 September 2006.' I am pleased to confirm the agreement of the European Community to a provisional application. Please accept, Sir, the assurance of my highest consideration. For the Coundl of the European Union L 319/17