CELEX: 51997PC0138
Language: en
Date: 1997-04-02
Title: Proposal for a COUNCIL DECISION authorizing the Kingdom of Spain to extend until 7 March 1998 the Agreement on mutual fishery relations with the Republic of South Africa

COMMISSION OF THE EUROPEAN COMMUNITIES
 is        is
*          -tr
 &        <ù
    ft •£ &
                                                 Brussels, 02.04.1997
                                                 COM(97) 138 final
                                       Proposal for a
                                  COUNCIL DECISION
   authorizing the Kingdom of Spain to extend until 7 March 1998 the Agreement
               on mutual fishery relations with the Republic of South Africa
                              (presented by the Commission)
 ---pagebreak---  ---pagebreak---                            EXPLANATORY MEMORANDUM
1. On 14 August     1979, the Kingdom of Spain signed an agreement on
   mutual fisheries relations with the Republic of South AfrLca which
   entered into force on the 8 March 1982 for an initial period of ten
   years, and which it was envisaged should subseguently 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 Spanish
   flag. This was the case since 1989.
2. 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.
3. In order to avoid      interruption in the fishing activities of the
   Community    vessels   concerned,   the   Decision   put   forward  in  this
   proposal    authorises    Spain   to   extend    the  fisheries    agreement
   referred to above until 7 March 199^.
                                         ^
 ---pagebreak---                                                  COUNCIL DECISION
                                                      of
                 authorizing the Kingdom of Spain to extend until 7 March 1998 the Agreement
                          on mutual fishery relations with the Republic of South Africa
THE COUNCIL OF THE EUROPEAN UNION.                          possibility of prolonging for periods not exceeding one
                                                            year ; whereas the above mentioned Agreement has been
Having regard to the Treaty establishing the European       extended until 7 March 1997(');
Community,
                                                            Whereas, in order to avoid fishing by the Community
Having regard to the Act of Accession of Spain and          vessels concerned being interrupted, it" appears appro-
Portugal, and in particular Article 167 (3) thereof.        priate to authorize the Kingdom of Spain to renew the
                                                            Agreement in question until 7 March 199 8 .
Having regard to the proposal from the Commission,
Whereas the Agreement on mutual fishery relations           HAS ADOPTED THIS DECISION :
between the Government of the Kingdom of Spain and
the Government of the Republic of South Africa, signed                               Article I
on 14 August 1979, entered into force on 8 March 1982
for an initial period of 10 years; whereas the Agreement    The Kingdom of Spain is hereby authorized to extend
remains in force for an indeterminate period if it is not   until 7 March 1998 the Agreement on mutual fishery
denounced by the giving of 12 months' notice ;              relations with the Republic of South Africa which entered
                                                            into force on 8 March 1982.
Whereas Article 167 (2) of the Act of Accession laying
down that the rights and obligations flowing, for the                                Article 2
Kingdom of Spain, from fisheries agreements concluded
with third countries, shall not be affected during the      This Decision is addressed to ihe Kingdom of Spain
period for which the provisions of such agreements are
provisionally maintained ;
                                                            Done at
Whereas, pursuant to Article 167 (3) of the said Act, the
Council is to adopt, before the expiry of the fisheries                                   Foi the Council
agreements concluded by the Kingdom of Spain with
third countries, decisions appropriate for the continuation                                The President
of fishing activities resulting therefrom, including the
                                                      3>    0 o j No L 196,of 7-8.96, p. 11
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 138 final
                                              DOCUMENTS
EN                                                                       03 11
                                    Catalogue number : CB-C0-97-128-EN-C
                                                             ISBN 92-78-17604-4
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                               w