23. 10. 87 Official _]ournai of the European Communities No -L 300/31 (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 19 October:1987 on the conclusion of an Agreement in the formm of an Exchange of Letters concerning the provisional application, from 1 June 1987, of the Agreement amending the Agreement between the European Economic Community and the Government of the Democratic Republic of Sdo Tomé and Principe on fishing off Sdo Tomé and Principe, signed at Brussels on 1 February 1984, with effect from 1 June 1987 (87/518/EEC) THE COUNCIL- OF THE EUROPEAN COMMUNITIES, Having regard to'the Treaty establishing the Eui’opean Economic Community, and in particular Article 103 -- thereof, Having regard to the Act of Acc¢ession of Spain and Portugal, and in particular Article 155 (2) (b) thereof, Having regard to the proposal from the Commission, Whereas the Community and the Government of the Democratic Republic of Sdo Tomé and Principe have held negotiations pursuant to Article 8 of the Agreement on fishing off Sio Tomé and Principe (), to determined the arrangements which are to apply after 31 October 1986, the date on which the Protocol to that Agreement expired ; Whereas, following those negotiations, an Agreement amending the fisheries Agreement was initialled on 27 May 1987; Whereas, under the new Agreement, fishing opportunitiés' for fisheries of the enlarged Community in the waters over which the Democratic Republic of Sio Tomé and Principe has sovereignty or jurisdiction are retained and extended ; : Whereas, under Article 155 (2) {(b) of the Act of Accession, ‘the Council *is required 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, with a view to the conclusion of fisheries agreements with third countries ; whereas the said proce- dures need to be determined in this particular case; () OJ No L 54, 25. 2. 1984, p. 2. Whereas the fishing year off the coast of Sdo Tomé and Principe- is -currently- in operation and the interests of Community _fishermen rtender imperative, both in .order to ensure additional -fishing: possibilities and taking into account -the - particular fishing pattern for a migratory species, that they have access to these waters ; whereas it is therefore indispensable that the Agreement in question be approved as soon as- possible ; Whereas, for this reason, the two parties have initialled an Agreement in the form of an Exchange of Letters provi- ding for the provisional application of the initialled Agreement from 1 June 1987 in order to avoid a prolonged interruption in the fishing activities of Community vessels ; whereas the Agreement in the form of an Exchange of Letters should be concluded, pending a final decision to be taken on the basis of 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, from 1 June 1987, . of the Agreement amending the Agreement between the European Economic Community and the Government -of the Democratic Republic of Sao Tomé and Principe on fishing off Sdo Tomé and Principe, signed at Brussels on 1 February 1984, is hereby approved on behalf of the Community. The text of the Agreement in the form of an Exchange of Letters and of the Agreement are attached to this Deci- sion.