COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(94) 137 final 
Brussels, 19.04.1994 
Proposal for a 
COUNCIL DECISION 
authorizing the Portuguese Republic to extend until 7 March 1995 the 
Agreement on mutual fishery relations with the 
Republic of South Africa 
(presented by the Commission) 
tr'H-
z 
EXPLANATORY MEMORANDUM 
1. On 9 April 1979, the Portuguese Republic signed an agreement on 
mutual fisheries relations with the Republic of South Africa which 
entered into force on the same day for an initial period of ten 
years, and which it was envisaged should subsequently rest in force 
for an indeterminate period unless it were to be denounced with 
twelve months notice. Under this fisheries agreement, annual 
fisheries licences can be granted to vessels flying the Portuguese 
flag. This was the case since 1989. 
2. Article 354 (2) of the Act of Accession of Spain and Portugal lays 
down that the rights and obligations for the Portuguese Republic 
following from fisheries agreements concluded with third countries 
shall not to be affected during the period for which the provisions 
of such agreements are provisionally maintained. Under Article 
354 (3) of the Action of Accession, the Council, acting by a 
qualified majority on a proposal from the Commission, is to adopt 
the decisions appropriate for the continuation of fishing 
activities resulting from such agreements. This may include 
prolonging them for periods not exceeding one year. 
3. In order to avoid interruption in the fishing activities of the 
Community vessels concerned, the Decision put forward in this 
proposal authorises Portugal to extend the fisheries agreement 
referred to above until 7 March 1995• 
*~-3 
PROPOSAL 
COUNCIL DECISION 
of 
authorizing the Portuguese Republic to extend until 7 March 1995 the 
Agreement on mutual fishery relations with the Republic of South Africa 
THE COUNCIL OF THE EUROPEAN UNION 
Having regard to the Treaty establishing the European 
Community, 
Having regard to the Act of Accession of Spain and 
Portugal, and in particular Article 354 (3) thereof, 
Having regard to the proposal from the Commission, 
Whereas the Agreement on mutual fishery relations 
between the Government of the Portuguese Republic and 
the Government of the Republic of South Africa, signed 
on 9 April 1979, entered into force on that day for an 
initial period of 10 years ; whereas the Agreement remains 
in force for an indeterminate period if it is not denounced 
by the giving of 12 months' notice ; 
Whereas Article 354 (2) of the Act of Accession laying 
down that the rights and obligations flowing, for the 
Portuguese Republic, from fisheries agreements 
concluded with third countries, shall not be affected 
during the period for which the provisions of such agree­
ments are provisionally maintained ; 
Whereas, pursuant to Article 354 (3) of the said Act, the 
Council is to adopt, before the expiry of the fisheries 
agreements concluded by the Portuguese Republic with 
third countries, decisions appropriate for the continuation 
of fishing activities resulting therefrom, including the 
possibility of prolonging for periods not exceeding one year ; whereas the abovementioned Agreement has been 
extended until 7 March 1994('); 
Whereas, in order to avoid fishing by the Community 
vessels concerned being interrupted, it appears appro­
priate to authorize the Portuguese Republic to renew the 
Agreement in question until 7 March 1995, 
HAS ADOPTED THIS DECISION : 
Article 1 
The Portuguese Republic is hereby authorized to extend 
until 7 March 1995 the Agreement on mutual fishery 
relations with the Republic of South Africa which entered 
into force on 9 April 1979. 
Article 2 
This Decision is addressed to the Portuguese Republic. 
Done at Luxembourg, 
For the Council 
The President 
0 oj No L88.of 8.4.93,p.46 
y ISSN 0254-1475 
COM (94) 137 final 
DOCUMENTS 
EN il 03 
Catalogue number : CB-CO-94-144-EN-C 
ISBN 92-77-67594-2 
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