Agreement in the form of an Exchange of Letters

on the provisional application of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea

A. Letter from the Government of the Republic of Guinea

Sir,

I am delighted that the Republic of Guinea and European Community negotiators have been able to reach a consensus on a Fisheries Partnership Agreement between the Republic of Guinea and the European Community, and on a Protocol setting out the fishing opportunities and financial contribution and the annexes thereto.

The result of these negotiations improves on the earlier Agreement and will strengthen our fisheries relations and establish a true partnership framework in which to develop a sustainable and responsible fisheries policy in Guinea's waters. To this end, I would propose launching in parallel the procedures for approval and ratification of the texts of the Agreement, the Protocol and the Annex and Appendices thereto in accordance with the procedures in force in the Republic of Guinea and the European Community and necessary for their entry into

In order to avoid interrupting fishing activities by Community vessels in Guinea's waters, and referring to the Agreement and the Protocol initialled on 20 December 2008 and setting out the fishing opportunities and financial contribution from 1 January 2009 to 31 December 2012, I have the honour to inform you that the Government of the Republic of Guinea is willing to apply this Agreement and this Protocol provisionally from 1 January 2009 pending their entry into force in accordance with Article 19 of the Agreement, 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 November 2009.

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.

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:

"I am delighted that the Republic of Guinea and European Community negotiators have been able to reach a consensus on a Fisheries Partnership Agreement between the Republic of Guinea and the European Community, and on a Protocol setting out the fishing opportunities and financial contribution and the annexes thereto.

The result of these negotiations improves on the earlier Agreement and will strengthen our fisheries relations and establish a true partnership framework in which to develop a sustainable and responsible fisheries policy in Guinea's waters. To this end, I would propose launching in parallel the procedures for approval and ratification of the texts of the Agreement, the Protocol and the Annex and Appendices thereto in accordance with the procedures in force in the Republic of Guinea and the European Community and necessary for their entry into force.

In order to avoid interrupting fishing activities by Community vessels in Guinea's waters, and referring to the Agreement and the Protocol initialled on 20 December 2008 and setting out the fishing opportunities and financial contribution from 1 January 2009 to 31 December 2012, I have the honour to inform you that the Government of the Republic of Guinea is willing to apply this Agreement and this Protocol provisionally from 1 January 2009 pending their entry into force in accordance with Article 19 of the Agreement, 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 November 2009.

I should be grateful if you would confirm the agreement of the European Community to such a provisional application."

I am pleased to confirm the agreement of the European Community to a provisional application.

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

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