Proposal for a Council Decision authorising the Portuguese Republic to extend until 9 April 2000 the Agreement on mutual fishery relations with the Republic of South Africa
Date: 1999-05-28
Institutions: European Commission
Subjects: Portugal, South Africa, fishing agreement, fishing licence, third country

1.

2.

EXPLANATORY MEMORANDUM

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 remain 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 be affected
during the period for which the provisions of such agreements are
provisionally maintained. Under Article 354 (3) of the Act 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.

The Decision put forward in this proposal authorises Portugal to extend the
fisheries agreement referred to above until 9 April 2000.

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Proposal for a

COUNCIL DECISION

authorising the Portuguese Republic to extend until 9 April 2000 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,

(1) Whereas the Agreement on mutual fisheries 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;

(2) 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;

(3) 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 19991;

(4) Whereas it appears appropriate to authorise the Portuguese Republic to renew

the Agreement in question until 9 April 2000,

HAS ADOPTED THIS DECISION:

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OJ L 267, 2. 10. 1998, p. 40

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Article 1

The Portuguese Republic is hereby authorised to extend until 9 April 2000 the
Agreement on mutual fisheries 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

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