CELEX: 51994PC0137
Language: en
Date: 1994-04-19
Title: Proposal for a COUNCIL DECISION authorizing the Portuguese Republic to extend until 7 March 1995 the Agreement on mutual fishery relations with the Republic of South Africa

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(94) 137 final
                                                         Brussels, 19.04.1994
                                      Proposal for a
                                 COUNCIL DECISION
         authorizing the Portuguese Republic to extend until 7 March 1995 the
                    Agreement on mutual fishery relations with the
                                Republic of South Africa
                             (presented by the Commission)
tr'H-
 ---pagebreak---                                                                       z
                        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 licences can be granted to vessels flying the Portuguese
   flag. This was the case   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 1995•
 ---pagebreak---                                                                                                              *~-3
                                                     PROPOSAL
                                                   COUNCIL DECISION
                                                      of
                 authorizing the Portuguese Republic to extend until 7 March 1995 the
                   Agreement on mutual fishery relations with the Republic of South Africa
THE COUNCIL OF THE EUROPEAN UNION                             year ; whereas the abovementioned Agreement has been
                                                              extended until 7 March 1994(');
Having regard to the Treaty establishing the European
             Community,                                       Whereas, in order to avoid fishing by the Community
                                                              vessels concerned being interrupted, it appears appro-
Having regard to the Act of Accession of Spain and
                                                              priate to authorize the Portuguese Republic to renew the
Portugal, and in particular Article 354 (3) thereof,
                                                              Agreement in question until 7 March 1995,
Having regard to the proposal from the Commission,
Whereas the Agreement on mutual fishery relations             HAS ADOPTED THIS DECISION :
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                                 Article 1
initial period of 10 years ; whereas the Agreement remains    The Portuguese Republic is hereby authorized to extend
in force for an indeterminate period if it is not denounced   until 7 March 1995 the Agreement on mutual fishery
by the giving of 12 months' notice ;                          relations with the Republic of South Africa which entered
Whereas Article 354 (2) of the Act of Accession laying        into force on 9 April 1979.
down that the rights and obligations flowing, for the
Portuguese Republic, from             fisheries agreements                             Article 2
concluded with third countries, shall not be affected
                                                              This Decision is addressed to the Portuguese Republic.
during the period for which the provisions of such agree-
ments are provisionally maintained ;
Whereas, pursuant to Article 354 (3) of the said Act, the     Done at Luxembourg,
Council is to adopt, before the expiry of the fisheries
agreements concluded by the Portuguese Republic with                                        For the Council
third countries, decisions appropriate for the continuation
of fishing activities resulting therefrom, including the                                     The President
possibility of prolonging for periods not exceeding one
                                                              0 o j No L88.of 8.4.93,p.46
 ---pagebreak---                                                                  y    ISSN 0254-1475
                                                               COM (94) 137 final
                                                        DOCUMENTS
EN                                                                          i l 03
                                 Catalogue number : CB-CO-94-144-EN-C
                                                              ISBN 92-77-67594-2
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