Proposal for a Council Decision authorising the Kingdom of Spain to extend until 7 March 2004 the Agreement on mutual fishery relations with the Republic of South Africa
Date: 2003-04-02
Institutions: European Commission
Subjects: South Africa, Spain, fishing agreement, renewal of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 02.04.2003
COM(2003) 157 final

Proposal for a

COUNCIL DECISION

authorising the Kingdom of Spain to extend until 7 March 2004 the Agreement
on mutual fishery relations with the Republic of South Africa

(presented by the Commission)

EXPLANATORY MEMORANDUM

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 licence can be granted to vessels flying the Spanish flag.
This was the case since 1989.

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.

The Decision put forward in this proposal authorises Spain to extend the fisheries agreement
referred to above until 7 March 2004.

2

Proposal for a

COUNCIL DECISION

authorising the Kingdom of Spain to extend until 7 March 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 167 (3)
thereof,

Having regard to the proposal from the Commission1,

Whereas:

(1)

(2)

(3)

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;  agreement
remains in force for an indeterminate period if it is not denounced by the giving of 12
months' notice.

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.

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; the above
mentioned Agreement has been extended until 7 March 20032.

(4)

It appears appropriate to authorise the  Kingdom of Spain to renew the Agreement in
question until 7 March 2004.

1

2

OJ C […], […], p. […].
OJ L 116, 03.05.2002, p. 31.

3

                                                
HAS ADOPTED THIS DECISION:

Article 1

The Kingdom of Spain is hereby authorised to extend until 7 March 2004 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 Brussels, […].

For the Council
The President

4