No L 382 / 30 Official Journal of the European Communities 31 . 12 . 86
COUNCIL DECISION
of 22 December 1986
on the conclusion of an Agreement in the form of an exchange of letters concerning the
provisional application of the Protocol establishing the fishing rights and financial
compensation provided for in the Agreement between the European Economic Community
and the Government of the Republic of Senegal on fishing off the coast of Senegal for the period
1 October 1986 to 28 February 1988
( 86 / 658 / EEC )
Whereas , in order tin Community vessels to resume fishing ,
following the halt in their activities since 31 May 1986 , it is
essential for the Protocol to be approved as soon as possible ;
for that reason , the two sides have initialled an exchange of
letters providing for the application of the initialled Protocol
on a provisional basis from 1 October 1986 ; whereas this
agreement should be approved pending a final 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 Protocol
establishing the fishing rights and compensation provided for
in the Agreement between the European Economic
Community and the Government of the Republic of Senegal
on fishing off the coast of Senegal for the period from 1
October 1986 to 28 February 1988 , is hereby approved on
behalf of the Community .
The text of the Agreement in the form of an exchange of
letters and Protocol 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 Articles 155 (2 ) and 167 ( 3 ) thereof,
Having regard to the proposal from the Commission ,
Whereas , pursuant to the second paragraph of Article 17 of
the Agreement between the European Economic Community
and the Government of the Republic of Senegal on fishing off
the coast of Senegal (* ), as amended by the Agreement signed
on 21 January 1982 ( 2 ), and by the Agreement signed on 20
November 1985 ( 3 ), extended for two interim periods from
16 January 1986 to 30 April ( 4 ) and from 1 to 31 May
1986 ( 5 ), both parties have conducted negotiations to
determine the amendments or additions to be made to the
said Agreement at the end of the period of application of the
Protocol ;
Whereas , as a result of these negotiations , a Protocol laying
down the fishing rights and the financial compensation
provided for in the abovementioned Agreement for the
period from 1 October 1986 to 28 February 1988 was
initialled on 1 October 1986 ;
Whereas under that Protocol the fishermen of the enlarged
Community maintain their fishing possibilities in the waters
under the sovereignty or jurisdiction of Senegal ;
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 ;
Article 2
With a view to taking into consideration the interests of the
Canary Islands , the Protocol 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 ( 6 ).
W OJ No L 226 , 29 . 8 . 1980 , p. 17 .
( 2 ) OJ No L 234 , 9 . 8 . 1982 , p. 9 .
( 3 ) OJ No L 361 , 31 . 12 . 1985 , p . 87 ,
( 4 ) OJ No L 75 , 20 . 3 . 1986 , p. 53 .
( 5 ) OJ No L 168 , 25 . 6 . 1986 , p. 22 . { 6 ) OJ No L 56 , 1 . 3 . 1986 , p. 1 .
No L 382 / 3131 . 12 . 86 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 , 22 December 1986 .
For the Council
The President
G. SHAW
Full & Egal Universal Law Academy