CELEX: 51996PC0231
Language: en
Date: 1996-05-28
Title: Proposal for a COUNCIL DECISION authorizing the Portuguese Republic to extend until 7 March 1997 the Agreement on mutual fishery relations with the Republic of South Africa

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             Brussels, 28.05.1996
                                             COM(%)231 final
                              Proposal for a
                         COUNCIL DECISION
 authorizing the Portuguese Republic to extend until 7 March 1997 the
Agreement on mutual fishery relations with the Republic of South Africa
                     (presented by the Commission)
 ---pagebreak---  ---pagebreak---                           EXPLANATORY MEMORANDUM
On   9  April   1979, the    Portuguese     Republic    Gigned    an  agreement     on
mutual    fisheries relations with the Republic of South Africa which
entered    into    force on the Game 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.
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.
 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 1997-
                               X.
 ---pagebreak---                                                                         PROPOSAL OF
                                                                     COUNCIL          DECISION
                                                                         of
                      a u t h o r i z i n g t h e P o r t u g u e s e R e p u b l i c to e x t e n d u n t i l 7 M a r c h 1997 t h e
                         A g r e e m e n t o n m u t u a l fishery r e l a t i o n s with t h e R e p u b l i c of S o u t h Africa
THE COUNCIL OF THE EUROPEAN UNION.                                                      year ; whereas the abovcmenlioned Agreement has been
                                                                                        extended until 7 March 1996<');
Having regard to the Treaty establishing the European
Community,                                                                              Whereas, in order to avoid fishing by the C o m m u n i t y
                                                                                        vessels concerned being interrupted, it apears appropriate
Having regard to the Act of Accession of Spain and
                                                                                        to authorize the Portuguese Republic to renew the Agree-
Portugal, and in particular Article 354 (3) thereof.
                                                                                        ment in question until 7 March 1997,
Having regard to the proposal from the Commission,
Whereas the Agreement on mutual fishery relations                                       HAS ADOPTED THIS DECISION
between the G o v e r n m e n t of the Portuguese Republic and
the G o v e r n m e n t of the Republic of South Africa, signed
                                                                                                                   Article    1
on 9 April 1979, entered into force on that day for an
initial period of 10 years ; whereas the Agreement remains                              The Portuguese Republic is hereby authorized to extend
in force for an indeterminate period if il is not denounced                             until 7 March 199 7 the Agreement on mutual fisheiy
by the giving of 12 months" n o t i c e .                                                relations with the Republic of South Africa which entered
                                                                                         into force on 9 April 1979.
Whereas Article 354 (2) of the Act of Accession laying
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
 Council is to adopt, before the expiry of the fisheries
 agreements concluded by the Portuguese Republic with                                                                      Vor the    Council
 third countries, decisions appropriate for the continuation
 of fishing activities resulting therefrom, including the                                                                   Ihe    President
 possibility of prolonging for periods not exceeding one
                                                                                          O o j No i. "329 tf30.12.°5p_ 36
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(96) 231 final
                                              DOCUMENTS
EN                                                                       03 15
                                     Catalogue number : CB-CO-96-241-EN-C
                                                             ISBN 92-78-04473-3
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                             4