CELEX: 51991PC0135
Language: en
Date: 1991-04-24
Title: PROPOSAL FOR A COUNCIL DECISION AUTHORIZING THE PORTUGUESE REPUBLIC TO EXTEND UNTIL 7 MARCH 1992 THE AGREEMENT ON MUTUAL FISHERY RELATIONS WITH THE REPUBLIC OF SOUTH AFRICA

COMMISSION OF THE EUROPEAN COMMUNITIES
                                           C0M(91)135  final
                                           Brussels, 24 Apr!I 1991
                               Proposal for a
                              COUNCIL DECISION!
    authorizing the Portuguese Republic to extend until 7 March 1992 the
  agreement on mutual fishery relations with the Republic of South Africa
                       (presented by the Commission)
 ---pagebreak---                                                              -I
                                                    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 in 1989 and 1990.
             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 1992.
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 ---pagebreak---                                                        - -3 -
                                                 Proposal for a
                                                COUNCIL DECISION
             authorizing the Portuguese Republic to extend until 7 March 1992 the
           agreement on mutual fishery relations with the Republic of South Africa
          THE COUNCIL OF THE EUROPEAN COMMUNITIES,
          Having        regard    to   the   Treaty   establishing     the  European      Economic
          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
          the     same    day   for  a   Initial   period   of   10 years, and     whereas     this
          agreement       stays    in force    for an    indeterminate period     If   it   Is not
          denounced with 12 months notice ;
          Whereas Article 354 (2) of the Act of Accession                  lays down     that the
          rights       and   obligations    flowing,    for   the  Portuguese   Republic,      from
          fisheries        agreements    concluded    with   third   countries   shall     not   be
          affected during the period for which the provisions of such agreements
          are provisionally maintained ;
         Whereas, under Article            354 (3) of     the said Act,    the Council       is to
         adopt,       before    the expiry     of  fisheries    agreements   concluded     by   the
         Portuguese Republic with third countries, the decisions appropriate for
          the continuation of fishing activities resulting therefrom,                   Including
         the possibility of prolonging for periods not exceeding one year ;
         Whereas, In order to avoid fishing by the Community vessels concerned
         being interrupted, It appears appropriate to authorize the Republic of
         Portugal to renew the agreement In question until 7 March 1992 ;
                                                                                      ./
AFR.SU0/PR0CE0URE/r««/eo
 ---pagebreak--- HAS ADOPTED THIS DECISION :
                               Article 1
The Portuguese Republic Is hereby authorized to extend until 7 March
1992 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 CounclI
                                        The President
 ---pagebreak--- !                                                                                ISSN 0254-1475
>
                                                                 COM(91) 135 final
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