Proposal for a Council Decision authorizing the Portuguese Republic to extend until 7 March 1999 the Agreement on mutual fishery relations with the Republic of South Africa
Date: 1998-05-13
Institutions: European Commission
Subjects: Portugal, South Africa, fishing agreement, renewal of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.05.1998 
COM(1998) 304  final 

Proposal for a 

COUNCIL DECISION 

AUTHORIZING THE KINGDOM OF SPAIN TO EXTEND UNTIL 7 MARCH  1 9 99 
THE AGREEMENT ON 
MUTUAL FISHERY RELATIONS WITH THE REPUBLIC OF SOUTH AFRICA 

Proposal for a 

COUNCIL DECISION 

AUTHORIZING THE PORTUGUESE REPUBLIC TO EXTEND UNTIL 7 MARCH 
1999  THE AGREEMENT ON MUTUAL FISHERY RELATIONS WITH THE 
REPUBLIC OF SOUTH AFRICA 

(presented by the Commission) 

Proposal for a 

COUNCIL DECISION 

AUTHORIZING THE KINGDOM OF SPAIN TO EXTEND UNTIL 7 MARCH  1999 
THE AGREEMENT ON 
MUTUAL FISHERY RELATIONS WITH THE REPUBLIC OF SOUTH AFRICA 

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  often  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  licence 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 1999. 

p:\accords\afrsudes\exp-en.doc 

PROPOSAL FOR A 

COUNCIL DECISION 

OF 

AUTHORIZING THE KINGDOM OF SPAIN TO EXTEND UNTIL 7  MARCH  1999 

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  the  Agreement  on  mutual  fishery  relations  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 lays down that the rights and obligations 

resulting  from  the  fisheries  agreements  concluded  by  the  Kingdom  of  Spain  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  19981 ; 

1  OJNoL  164, 21.6.  1997, p. 37 

p:\accords\afrsudes\dec-en.doc 

V-

Whereas,  in  order  to  avoid  fishing  by  the  Community  vessels  concerned  being 

interrupted,  it  appears  appropriate  to  authorize  the  Kingdom  of  Spain  to  renew  the 

Agreement in question until 7 March 1999, 

HAS ADOPTED THIS DECISION: 

Article 1 

The Kingdom of Spain is hereby authorized to extend until 7 March 1999 the Agreement 

on mutual fishery relations with the Republic of South Africa which entered into force on 

8 March 1982. 

Article 2 

This Decision is addressed to the Kingdom of Spain. 

Done at 

For the Council 

The President 

p:\accords\afrsudes\dec-en.doc 

Proposal for a 

COUNCIL DECISION 

AUTHORIZING  THE PORTUGUESE  REPUBLIC TO EXTEND UNTIL 7  MARCH 
1999 THE AGREEMENT  ON MUTUAL FISHERY RELATIONS WITH THE 
REPUBLIC  OF SOUTH  AFRICA 

4 

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  licence can be  granted  to vessels  flying  the Portuguese  flag.  This was  the 

cas 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 1999. 

p:\accords\afrsudpt\exp-en.doc 

PROPOSAL FOR A 

COUNCIL DECISION 

OF 

AUTHORIZING THE PORTUGUESE REPUBLIC TO EXTEND UNTIL 7  MARCH 

1999 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 lays down that the rights and obligations 

resulting from the fisheries  agreements concluded by the Portuguese Republic with third 

countries  shall  not  be  affected  during  the  period  for  which  the  provisions  of  such 

agreements are provisionally maintained; 

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  19981; 

OJNoL  164,21.6. 1997, p. 36 

p:\accords\afrsudpt\dec-en.doc 

Whereas,  in  order  to  avoid  fishing  by  the  Community  vessels  concerned  being 

interrupted,  it  appears  appropriate  to  authorize  the  Portuguese  Republic  to  renew  the 

Agreement in question  until 7 March  1999, 

HAS ADOPTED THIS DECISION: 

Article 1 

The  Portuguese  Republic  is  hereby  authorized  to  extend  until  7  March  1999  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. 

For the Council 

The President 

p:\accords\afrsudpt\dec-en.doc 

ISSN 0254-1475 

COM(98) 304 final 

DOCUMENTS 

EN 

03  10  11 

Catalogue number  :  CB-CO-98-312-EN-C 

ISBN  92-78-36065-1 

Office  for Official  Publications of the European  Communities 

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