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
Date: 1994-04-19
Institutions: European Commission
Subjects: Portugal, South Africa, fisheries policy, fishing agreement

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 
agreements 
from 
Portuguese  Republic, 
concluded  with  third  countries,  shall  not  be  affected 
during  the  period  for  which  the  provisions  of  such agree 
ments  are  provisionally  maintained ; 

fisheries 

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 

Office  for Official Publications ot the European Cuuinvjnuies 
L-2985 Luxembourg