Proposal for a COUNCIL DECISION authorizing the Portuguese Republic to extend until 7 March 1997 the Agreement on mutual fishery relations with the Republic of South Africa
Date: 1996-05-28
Institutions: European Commission
Subjects: Portugal, South Africa, fishing agreement, fishing licence

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  28.05.1996 
COM(%)231  final 

Proposal  for  a 

COUNCIL  DECISION 

authorizing  the  Portuguese  Republic to extend  until  7 March  1997 the 
Agreement  on  mutual  fishery  relations  with  the  Republic  of  South  Africa 

(presented  by the  Commission) 

EXPLANATORY  MEMORANDUM 

On  9  April  1979,  the  Portuguese  Republic  Gigned  an  agreement  on 

mutual  fisheries  relations  with  the  Republic  of  South  Africa  which 

entered  into  force  on  the  Game  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. 

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. 

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  1997-

X. 

PROPOSAL OF 

C O U N C IL  D E C I S I ON 

of 

a u t h o r i z i ng 

t he  P o r t u g u e se  R e p u b l ic 

to  e x t e nd 

u n t il 

7  M a r ch 

1997 

t he 

A g r e e m e nt  on  m u t u al 

fishery  r e l a t i o ns  with 

t he  R e p u b l ic  of  S o u th  Africa 

THE  COUNCIL  OF  THE  EUROPEAN  UNION. 

Having  regard 
C o m m u n i t y, 

to  the  Treaty  establishing  the  European 

Having 
Portugal,  and 

regard 

to 

the  Act  of  Accession  of  Spain  and 

in  particular  Article  354  (3)  thereof. 

Having  regard 

to  the  proposal  from 

the  Commission, 

fishery 

the  Agreement  on  mutual 

Whereas 
relations 
between  the  G o v e r n m e nt  of  the  Portuguese  Republic  and 
the  G o v e r n m e nt  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  il  is  not  denounced 
by  the  giving  of  12  months"  n o t i c e. 

the 

rights  and  obligations 

laying 
Whereas  Article  354  (2)  of  the  Act  of  Accession 
the 
down 
that 
agreements 
Portuguese 
concluded  with 
third  countries,  shall  not  be  affected 
during  the  period  for  which  the  provisions  of  such  agree 
ments  are  provisionally  maintained  ; 

flowing,  for 

Republic, 

fisheries 

from 

is  to  adopt,  before 

Whereas,  pursuant  to  Article  354  {3)  of  the  said  Act,  the 
Council 
fisheries 
agreements  concluded  by  the  Portuguese  Republic  with 
third  countries,  decisions  appropriate  for  the  continuation 
of  fishing  activities 
the 
possibility  of  prolonging  for  periods  not  exceeding  one 

the  expiry  of 

therefrom, 

including 

resulting 

the 

year  ;  whereas  the  abovcmenlioned  Agreement  has  been 
extended  until  7  March  1996<'); 

Whereas,  in  order 
to  avoid  fishing  by  the  C o m m u n i ty 
vessels  concerned  being  interrupted,  it  apears  appropriate 
to  authorize  the  Portuguese  Republic  to  renew  the  Agree 
ment 

in  question  until  7  March  1997, 

HAS  ADOPTED  THIS  DECISION 

Article 

1 

The  Portuguese  Republic  is  hereby  authorized  to  extend 
until  7  March  199 7  the  Agreement  on  mutual 
fisheiy 
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 

Vor  the  Council 

Ihe 

President 

O  oj  No  i. "329  tf30.12.°5p_  36 

ISSN 0254-1475 

COM(96) 231  final 

DOCUMENTS 

EN 

03  15 

Catalogue number  :  CB-CO-96-241-EN-C 

ISBN 92-78-04473-3 

Office  for  Official  Publications  of the European  Communities 

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