PROPOSAL FOR A COUNCIL DECISION AUTHORIZING THE PORTUGUESE REPUBLIC TO EXTEND UNTIL 7 MARCH 1992 THE AGREEMENT ON MUTUAL FISHERY RELATIONS WITH THE REPUBLIC OF SOUTH AFRICA
Date: 1991-04-24
Institutions: European Commission
Subjects: Portugal, South Africa, fisheries policy, fishing agreement

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(91)135  final 

Brussels,  24 Apr!I  1991 

Proposal  for a 

COUNCIL DECISION! 

authorizing  the Portuguese Republic  to extend until  7 March  1992 the 

agreement  on mutual  fishery  relations with the Republic of South Africa 

(presented  by the Commission) 

-I 

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  in 1989 and 1990. 

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 1992. 

AFR. 5U0/t>H0C£:tXJRC/«xp I .mano/ca 

-  -3 -

Proposal  for a 

COUNCIL DECISION 

authorizing  the Portuguese  Republic  to extend until  7 March  1992 the 

agreement  on mutual  fishery  relations with  the Republic of South Africa 

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  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 

the  same  day  for  a  Initial  period  of  10  years,  and  whereas  this 

agreement  stays  in  force  for  an  indeterminate  period  If  it  Is  not 

denounced with  12 months notice ; 

Whereas  Article  354  (2)  of  the  Act  of  Accession  lays  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  agreements 

are provisionally maintained ; 

Whereas,  under  Article  354  (3)  of  the  said  Act,  the  Council  is  to 

adopt,  before  the  expiry  of  fisheries  agreements  concluded  by  the 

Portuguese  Republic with  third  countries, the decisions appropriate  for 

the  continuation  of  fishing  activities  resulting  therefrom,  Including 

the possibility of prolonging  for periods not  exceeding  one year ; 

Whereas,  In order  to  avoid  fishing  by  the  Community  vessels  concerned 

being  interrupted,  It appears  appropriate  to authorize  the Republic of 

Portugal  to renew  the agreement  In question until  7 March  1992 ; 

AFR.SU0/PR0CE0URE/r««/eo 

./ 

HAS ADOPTED THIS DECISION : 

Article  1 

The  Portuguese  Republic  Is  hereby  authorized  to  extend  until  7  March 

1992  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 Brussels, 

For  the CounclI 

The President 

! 
> 

ISSN 0254-1475 

COM(91) 135 final 

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ISBN 92-77-71408-5 

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