No L 372 / 18 Official Journal of the European Communities 31 . 12 . 86
COUNCIL DECISION
of 11 December 1986
on the conclusion of an Agreement in the form of an Exchange of Letters concerning the
provisional application of the Agreement amending the Agreement between the European
Economic Community and the Government of the Republic of Equatorial Guinea on fishing
off the coast of Equatorial Guinea, signed at Malabo on 15 June 1984 for the period starting on
27 June 1986
. ( 86 / 636 / EEC)
possible ; for this reason , the two parties initialled an
Agreement in the form of an Exchange of Letters providing
for the provisional application of the initialled draft
Agreement from the date of expiry of the Agreement
between the European Economic Community and the
Government of the Republic of Equatorial Guinea on
fishing off the coast of Equatorial Guinea approved on
28 June 1984 ; whereas the Agreement in the form of an
Exchange of Letters should be concluded subject to a
definitive decision under Article 43 of the Treaty ,
HAS DECIDED AS FOLLOWS :
Article 1
The Agreement in the form of an Exchange of Letters
concerning the provisional application of the Agreement
amending the Agreement between the European Economic
Community and the Government of the Republic of
Equatorial Guinea on fishing off the coast of Equatorial
Guinea , signed at Malabo on 15 June 1984 for the period
starting on 27 June 1986 , is hereby approved on behalf of
the Community .
The text of the Agreement is attached to this Decision .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European
Economic Community ,
Having regard to the Act of Accession of Spain and
Portugal , and in particular Article 155 ( 2 ) (b ) and Article
167 (3 ) thereof,
Having regard to the Agreement between the European
Economic Community and the Government of the
Republic of Equatorial Guinea , on fishing off the coast of
Equatorial Guinea (*), signed at Malabo on 15 June
1984 ,
Having regard to the proposal from the Commission ,
Whereas , pursuant to Article 12 of the Agreement on
fishing off the coast of Equatorial Guinea , the Community
and the Republic of Equatorial Guinea conducted
negotiations to determine the amendments or additions to
be made to the Agreement at the end of the first three-year
period of application of the Agreement ;
Whereas , as a result of those negotiations , an Agreement
amending the Agreement was initialled on 25 June 1986 ;
Whereas , under that Agreement , fishermen from the
enlarged Community retain the fishing opportunities open
to them in the waters under the sovereignty or jurisdiction
of the Republic of Equatorial Guinea ;
Whereas under the terms of Article 155 (2 ) (b ) of the Act of
Accession , it is for the Council to determine the procedures
appropriate to take into consideration all or part of the
interests of the Canary Islands when it adopts decisions ,
case by case , particularly with a view to the conclusion of
fisheries agreements with third countries ; whereas , in the
case in point , the procedures in question should be
determined ;
Whereas , in order to avoid any interruption in the fishing
activities of Community vessels , it is indispensable that the
draft Agreement in question be approved as soon as
Article 2
With a view to taking into consideration the interests of the
Canary Islands , the Agreement referred to in Article 1 and ,
in so far as is necessary for its application , the provisions of
the common fisheries policy relating to the conservation
and management of fishery resources shall also apply to
vessels which sail under the flag of Spain , which are
recorded on a permanent basis in the registers of the
competent authorities at local level ('registros de base') in
the Canary Islands , under the conditions defined in Note 6
to Annex I to Council Regulation (EEC) No 570 / 86 of
24 February 1986 concerning the definition of the concept
of 'originating products' and methods of administrative
cooperation in trade between the customs territory of the
Community , Ceuta and Melilla and the Canary
Islands (2 ).
(») OJ No L 188 , 16 . 7 . 1984 , p. 1 . ( 2 ) OJ No L 56 , 1 . 3 . 1986 , p. 1 .
31 . 12 . 86 Official Journal of the European Communities No L 372 / 19
Article 3
The President of the Council is hereby authorized 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 , 11 December 1986 .
For the Council
The President
K. CLARKE
Full & Egal Universal Law Academy