Propopsal for a COUNCIL DECISION authorizing the Kingdom of Spain 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: South Africa, Spain, fishing agreement, renewal of an agreement

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  28.05.1996 
COM(96) 218  final 

Proposal for a 

COUNCIL DECISION 

authorising  the  Kingdom  of  Spain  to extend until  7  March  1997 the  Agreement 
on  mutual  fishery  relations  with  the  Republic  of  South  Africa 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

1.  On  14  August  1979,  the  Kingdom  of  Spain  signed  an  agreement  on 

mutual  fisheries  relations  with  the  Republic  of  South  Africa  which 

entered  into  force  on  the  8 March  1982  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  Spanish 

flag.  This  was  the  case  since 1989. 

2.  Article  167  (2)  of  the  Act  of  Accession  of  Spain  and  Portugal  lays 

down  that  the  rights  and  obligations  for  the  Kingdom  of  Spain 

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 

167  (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  Spain  to  extend  the  fisheries  agreement 

referred  to  above  until  7 March  1997. 

± 

COUNCIL  DECISION 

of 

authorizing  die  Kingdom  of  Spain  to  extend  until  7  March  1997  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  167  (3)  thereof, 

Having  regard  to  the  proposal  from  the  Commission, 

Whereas 
relations 
the  Agreement  on  mutual  fishery 
between  the  Government  of  the  Kingdom  of  Spain  and 
the  Government  of  the  Republic  of  South  Africa,  signed 
on  14  August  1979,  entered  into  force  on  8  March  1982 
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  167  (2)  of  the  Act  of  Accession  laying 
down  that  the  rights  and  obligations  flowing,  for  the 
Kingdom  of  Spain,  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,  pursuant  to  Article  167  (3)  of  the  said  Act,  the 
Council  is  to  adopt,  before  the  expiry  of  the  fisheries 
agreements  concluded  by  the  Kingdom  of  Spain  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  1996 ('); 

Whereas,  in  order  to  avoid  fishing  by  the  Community 
vessels  concerned  being  interrupted,  it  appears  appro 
priate  to  authorize  the  Kingdom  of  Spain  to  renew  the 
Agreement  in  question  until  7  March  1997, 

HAS  ADOPTED  THIS  DECISION : 

Article  1 

The  Kingdom  of  Spain  is  hereby  authorized  to  extend 
until  7  March  1997  the  Agreement  on  mutual  fishery 
relations  with  the  Republic  of  South  Africa  which  entered 
into  force  on  8  March  1982. 

Ankle  2 

This  Decision  is  addressed  to  the  Kingdom  of  Spain. 

Done  at 

For  the  Council 

The  President 

(')OJ  No  L  329  of  3 0 . 1 2 . 1 9 9 5,  p.  35 

ISSN  0254-1475 

COM(96) 218  final 

DOCUMENTS 

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Catalogue number  : CB-CO-96-229-EN-C 

ISBN 92-78-04187-4 

Office  for Official  Publications  of the European Communities 

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