Proposal for a Council Decision authorising the Portuguese Republic to extend until 9 April 2004 the Agreement on mutual fishery relations with the Republic of South Africa
Date: 2003-04-01
Institutions: European Commission
Subjects: Portugal, South Africa, fishing agreement, renewal of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 01.04.2003
COM(2003) 156 final

Proposal for a

COUNCIL DECISION

authorising the Portuguese Republic to extend until 9 April 2004 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 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 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.

The  Decision  put  forward  in  this  proposal  authorises  Portugal  to  extend  the  fisheries
agreement referred to above until 9 April 2004.

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Proposal for a

COUNCIL DECISION

authorising the Portuguese Republic to extend until 9 April 2004 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 Commission1,

Whereas:

(1)

(2)

(3)

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.

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.

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; the above-
mentioned Agreement has been extended until 9 April 20032.

(4)

It appears appropriate to authorise the Portuguese Republic to renew the Agreement in
question until 9 April 2004.

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2

OJ C […], […], p. […].
OJ L 116, 03.05.2002, p. 32.

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HAS ADOPTED THIS DECISION:

Article 1

The Portuguese Republic is hereby authorised to extend until 9 April 2004 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 Brussels, […].

For the Council
The President

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