CELEX: 51992PC0030
Language: en
Date: 1992-02-05
Title: Proposal for a COUNCIL DECISION authorizing the Portuguese Republic to extend until 7 March 1993 the agreement on mutual fishery relations with the Republic of South Africa

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          C0M(92) 30 final
                                          Brussels, 5 February 1992
                               Proposal for a
                              COUNCIL DECISION
   authorizing the Portuguese Republic to extend until 7 March 1993 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 en
   mutual fisheries relations with the Republic of South Africa whj.ch
   entered into force on the same day for an initial period of tei
   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, 1990 and 1991.
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 1993.
 ---pagebreak---                                           - 3 -
                                  Proposal for a
                                COUNCIL DECISION
  authorizing the Portuguese Republic to extend until 7 March 1993 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 1993 ;
 ---pagebreak---                                  - 4-
HAS ADOPTED THIS DECISION :
                               Article 1
The Portuguese Republic is hereby authorized to extend i;ntil 7 March
1993 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
 ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM(92) 30 final
                                                      DOCUMENTS
EN                                                                              03
                                 Catalogue number : CB-CO-92-036-EN-C
                                                             ISBN 92-77-40592-9
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