Proposal for a COUNCIL DECISION authorizing the Portuguese Republic to extend until 7 March 1993 the agreement on mutual fishery relations with the Republic of South Africa
Date: 1992-02-05
Institutions: European Commission
Subjects: Portugal, South Africa, fisheries policy, fishing agreement

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(92)  30  final 

Brussels,  5  February  1992 

Proposal  for a 

COUNCIL DECISION 

authorizing the Portuguese Republic to extend until 7 March 1993 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  en 

mutual  fisheries  relations  with  the Republic  of  South  Africa whj.ch 

entered  into  force  on  the  same  day  for  an  initial  period  of  tei 

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,  1990 and 1991. 

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 1993. 

- 3-

Proposal  for a 

COUNCIL DECISION 

authorizing the Portuguese Republic to extend until  7 March  1993 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  1993 ; 

HAS ADOPTED THIS DECISION : 

- 4-

Article 1 

The  Portuguese  Republic  is  hereby  authorized  to  extend  i;ntil  7  March 

1993  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 Council 

The  President 

ISSN 0254-1475 

COM(92) 30 final 

DOCUMENTS 

EN 

03 

Catalogue number : CB-CO-92-036-EN-C 

ISBN 92-77-40592-9 

Office for Official Publications of the European Communities 
L-2985 Luxembourg