CELEX: 51995PC0674
Language: en
Date: 1995-12-13
Title: Proposal for a COUNCIL DECISION authorizing the Portuguese Republic to extend until 7 March 1996 the Agreement on mutual fishery relations with the Republic of South Africa

COMMISSION OF THE EUROPEAN COMMUNITIES
                                             Brussels, 13.12.1995
                                             COM(95) 674 final
                             Proposal for a
                        COUNCIL DECISION
authorizing the Portuguese Republic to extend until 7 March 1996 the
  Agreement on mutual fishery relations with the Republic of South Africa
                    (presented by the Commission)
 ---pagebreak---  ---pagebreak---                              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        since 1989.
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 1996-
 ---pagebreak---                                                           PROPOSAL ^or a
                                                      C O U N C I L DECISION
                                                           of
                  a u t h o r i z i n g the Portuguese Republic to extend until 7 M a r c h 1996 the
                     A g r e e m e n t on mutual fishery relations with the Republic of S o u t h Africa
THF. COUNCIL OF THF. EUROPEAN UNION.                                 year ; whereas the above-mentioned Agreement has been
                                                                     extended until 7 March 199 5 0 ;
Having regard to the Treaty establishing the European
Community,                                                           Whereas, in order to avoid fishing by the Community
                                                                     vessels concerned being interrupted, it apcars 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 Mardi 1996,
Having regard to the proposal from the Commission,
Whereas the Agreement on mutual fishery relations                    HAS ADOPTED THIS DF.C1SION
between the Government of the Portuguese Republic and
the Government of the Republic of South Africa, signed
                                                                                             Article    I
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 it is not denounced          until 7 March 1996 the Agreement on mutual fishery
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                                                /'or the   Council
third countries, decisions appropriate for the continuation
                                                                                                      Ilw   President
of fishing activities resulting therefrom, including the
possibility of prolonging for periods not exceeding one
                                                                      (•> 0> No fc 142 tf 2.6M,       p. 31
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(95) 674 final
                                             DOCUMENTS
EN                                                                       03 11
                                    Catalogue number : CB-CO-95-714-EN-C
                                                             ISBN 92-77-97927-5
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