31 . 12 . 86 Official Journal of the European Communities No L 372 / 27
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 Guinea on fishing off the coast of
Guinea, signed at Conakry on 7 February 1983 , for the period starting on 8 August 1986
( 86 / 637 / EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European
Economic Community ,
Whereas , in order to avoid any interruption in the fishing
activities of Community vessels , it is indispensable that the
Agreement in question be approved as soon as 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 Agreement from the
date of expiry of the interim arrangement laid down by the
Agreement in the form of an Exchange of Letters approved
by Decision 86 / 95 / EEC 0 ); whereas the Agreement in the
form of an Exchange of Letters should be concluded
provisionally , pending a final decision to be taken on the
basis of Article 43 of the Treaty ,
Having regard to the Act of Accession of Spain and
Portugal , and in particular Article 155 (2 ) ( b ) and Article
167 ( 3 ) therof,
Having regard to the Agreement between the European
Economic Community and the Government of the
Revolutionary People's Republic of Guinea on fishing off
the coast of Guinea I 1 ), signed at Conakry on 7 February
1983 , and extended by Decision 86 / 95 / EEC ( 2 ) for a
period of six months starting on 8 February 1986 ,
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 Guinea
on fishing of the coast of Guinea , signed at Conakry on
7 February 1983 , for the period starting on 8 August 1986
is hereby approved on behalf of the Community .
The text of the Agreement is attached to this Decision .
Having regard to the proposal from the Commission ,
Whereas , pursuant to the second paragraph of Article 15 of
the Agreement on fishing off the coast of Guinea , the
Community and the Republic of 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 Fisheries Agreement was initialled on 12 July
1986 ;
Whereas , under that Agreement , fishermen from the
enlarged Community retain and extend the fishing
opportunities open to them in the waters under the
sovereignty or jurisdiction of the Republic of Guinea ;
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 Island ( 3 ).
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 procedure in question
should be determined ;
(0 OJ No L 111 , 27 . 4 . 1983 , p. 1 .
( 2 ) OJ No L 80 , 25 . 3 . 1986 , p. 52 . ( 3 ) OJ No L 56 , 1 . 3 . 1986 , p. 1 .
31 . 12 . 86No L 372 / 28 Official Journal of the European Communities
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