CELEX: 51990PC0051
Language: en
Date: 1990-02-06
Title: PROPOSAL FOR A COUNCIL DECISION AUTHORIZING THE PORTUGUESE REPUBLIC TO EXTEND UNTIL 8 APRIL 1991 THE AGREEMENT ON MUTUAL FISHERY RELATIONS WITH THE REPUBLIC OF SOUTH AFRICA

COMMISSION OF THE EUROPEAN COMMUNITIES
                                         C0M(90) 51 final
                                         Brussels, 6 February 1990
                              Proposal for a
                             COUNCIL DECISION
    authorizing the Portuguese Republic to extend until 8 April 1991 the
  agreement on mutual fishery relations with the Republic of South Africa
                      (presented by the Commission)
 ---pagebreak---                                                                      £or«
                               EXPLANATORY MEMORANDUM
1. On 9 April 1979, the Portuguese Republic sianed an agreement on mutual
   fisheries relations with the Republic of South Africa  which entered into
   force on the same day for an initial perioa 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 Portuguese flag.  This was the case in 1988 and 1989.
2. Article 354 (2) of the Act of Accession of Spain ano Portugal lays dawn
   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 maintaineo.  Under Article 354 (3) of the Action of
   Accession, the Council, acting by a gualified 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 induce
   prolonging them for periods not exceeding one year.
3. In order to avoio interruption in the fishing activities of the Community
   vessels concernée, the Decision put forward in this proposal authorities
   Portugal to extend the fisheries agreement referred to above until 8 April
   1991.
                                                                              ^
 ---pagebreak---                                 COUNCIL DECISION
       authorizing the Portuguese Republic to extend until 8 April 1991 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 aoreement 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
conduced 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 guestion until 8 April 1991;
                                                                               3
 ---pagebreak---                                       - 2 -
HAS ADOPTED THIS DECISION :
                                    Article 1
The Portuguese Republic is hereby authorized to extend until 8 April 1991 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
                                                                              S
 ---pagebreak---                                                                       ISSN 0254-1475
                                                               COM(90) 51 final
                                                      DOCUMENTS
EN                                                                               04
                                 Catalogue number : CB-CO-90-053-EN-C
                                                             ISBN 92-77-57261-2
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