Agreement in the form of an Exchange of Letters

concerning the provisional application of the Protocol setting out, for the period from 1 June 2002 to 31 May 2005, the fishing opportunities and the financial contribution provided for by the Agreement between the European Economic Community and the Government of the Democratic Republic of São Tomé and Príncipe on fishing off the coast of São Tomé and Príncipe

A. Letter from the Government of the Democratic Republic of São Tomé and Príncipe

Sir,

With reference to the Protocol initialled on 14 February 2002 at São Tomé setting out the fishing opportunities and financial contribution for the period from 1 June 2002 to 31 May 2005, I have the honour to inform you that the Government of the Democratic Republic of São Tomé and Príncipe is prepared to apply the Protocol on a provisional basis with effect from 1 June 2002, pending its entry into force in accordance with Article 9 of the said Protocol, provided the European Community is disposed to do the same.

This is on the understanding that the first instalment of the financial compensation specified in Article 2 of the Protocol is paid by 31 December 2002.

I should be obliged if you would confirm the European Community's agreement to such provisional application.

Please accept, Sir, the assurance of my highest consideration,

For the Government of the Democratic Republic of São Tomé and Príncipe

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 14 February 2002 at São Tomé setting out the fishing opportunities and financial contribution for the period from 1 June 2002 to 31 May 2005, I have the honour to inform you that the Government of the Democratic Republic of São Tomé and Príncipe is prepared to apply the Protocol on a provisional basis with effect from 1 June 2002, pending its entry into force in accordance with Article 9 of the said Protocol, provided the European Community is disposed to do the same.

This is on the understanding that the first instalment of the financial compensation specified in Article 2 of the Protocol is paid by 31 December 2002.

I should be obliged if you would confirm the European Community's agreement to such provisional application."

I have the honour to confirm the Community's agreement to such provisional application of the Protocol.

Please accept, Sir, the assurance of my highest consideration,

On behalf of the Council of the European Union