CELEX: 51998PC0304(02)
Language: en
Date: 1998-05-13
Title: Proposal for a Council Decision authorizing the Portuguese Republic to extend until 7 March 1999 the Agreement on mutual fishery relations with the Republic of South Africa

COMMISSION OF THE EUROPEAN COMMUNITIES
                                            Brussels, 13.05.1998
                                            COM(1998) 304 final
                             Proposal for a
                        COUNCIL DECISION
AUTHORIZING THE KINGDOM OF SPAIN TO EXTEND UNTIL 7 MARCH 1 9 9 9
                       THE AGREEMENT ON
 MUTUAL FISHERY RELATIONS WITH THE REPUBLIC OF SOUTH AFRICA
                            Proposal for a
                        COUNCIL DECISION
AUTHORIZING THE PORTUGUESE REPUBLIC TO EXTEND UNTIL 7 MARCH
  1999 THE AGREEMENT ON MUTUAL FISHERY RELATIONS WITH THE
                  REPUBLIC OF SOUTH AFRICA
                   (presented by the Commission)
 ---pagebreak---  ---pagebreak---                          Proposal for a
                      COUNCIL DECISION
AUTHORIZING THE KINGDOM OF SPAIN TO EXTEND UNTIL 7 MARCH 1999
                     THE AGREEMENT ON
 MUTUAL FISHERY RELATIONS WITH THE REPUBLIC OF SOUTH AFRICA
 ---pagebreak---                                EXPLANATORY MEMORANDUM
1.     On 14 August 1979, the Kingdom of Spain signed an agreement on mutual fisheries
       relations with the Republic of South Africa which entered into force on the
        8 March 1982 for an initial period often 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 licence 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 1999.
p:\accords\afrsudes\exp-en.doc
 ---pagebreak---                                      PROPOSAL FOR A
                                   COUNCIL DECISION
                                           OF
   AUTHORIZING THE KINGDOM OF SPAIN TO EXTEND UNTIL 7 MARCH 1999
                                    THE AGREEMENT ON
      MUTUAL FISHERY RELATIONS WITH THE REPUBLIC OF SOUTH AFRICA
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to the Act of Accession of Spain and Portugal, and in particular Article
 167 (3) thereof,
Having regard to the proposal from the Commission,
Whereas the Agreement on mutual fishery relations between the Government of the
Kingdom of Spain and the Government of the Republic of South Africa, signed on 14
August 1979, entered into force on 8 March 1982 for an initial period of 10 years;
Whereas the Agreement remains in force for an indeterminate period if it is not
denounced by the giving of 12 months' notice;
Whereas Article 167 (2) of the Act of Accession lays down that the rights and obligations
resulting from the fisheries agreements concluded by the Kingdom of Spain with third
countries shall not be affected during the period for which the provisions of such
agreements are provisionally maintained;
Whereas, pursuant to Article 167 (3) of the said Act, the Council is to adopt, before the
expiry of the fisheries agreements concluded by the Kingdom of Spain with third
countries, decisions appropriate for the continuation of fishing activities resulting
therefrom, including the possibility of prolonging for periods not exceeding one year;
whereas the abovementioned Agreement has been extended until 7 March 19981 ;
1
      OJNoL 164, 21.6. 1997, p. 37
p:\accords\afrsudes\dec-en.doc
                                             V-
 ---pagebreak---  Whereas, in order to avoid fishing by the Community vessels concerned being
 interrupted, it appears appropriate to authorize the Kingdom of Spain to renew the
 Agreement in question until 7 March 1999,
 HAS ADOPTED THIS DECISION:
                                         Article 1
 The Kingdom of Spain is hereby authorized to extend until 7 March 1999 the Agreement
 on mutualfisheryrelations with the Republic of South Africa which entered into force on
 8 March 1982.
                                         Article 2
 This Decision is addressed to the Kingdom of Spain.
 Done at
                                                                 For the Council
                                                                 The President
p:\accords\afrsudes\dec-en.doc
 ---pagebreak---                          Proposal for a
                      COUNCIL DECISION
AUTHORIZING THE PORTUGUESE REPUBLIC TO EXTEND UNTIL 7 MARCH
  1999 THE AGREEMENT ON MUTUAL FISHERY RELATIONS WITH THE
                  REPUBLIC OF SOUTH AFRICA
                                 4
 ---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 licence can be granted to vessels flying the Portuguese flag. This was the
        cas 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 1999.
p:\accords\afrsudpt\exp-en.doc
 ---pagebreak---                                     PROPOSAL FOR A
                                  COUNCIL DECISION
                                             OF
    AUTHORIZING THE PORTUGUESE REPUBLIC TO EXTEND UNTIL 7 MARCH
        1999 THE AGREEMENT ON MUTUAL FISHERY RELATIONS WITH THE
                               REPUBLIC OF SOUTH AFRICA
THE COUNCIL OF THE EUROPEAN UNION,
 Having regard to the Treaty establishing the European 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 that day for an initial period of 10 years; whereas the
Agreement remains in force for an indeterminate period if it is not denounced by the
giving of 12 months' notice;
 Whereas Article 354 (2) of the Act of Accession lays down that the rights and obligations
resulting from the fisheries agreements concluded by the Portuguese Republic with third
countries shall not be affected during the period for which the provisions of such
agreements are provisionally maintained;
Whereas, pursuant to Article 354 (3) of the said Act, the Council is to adopt, before the
expiry of the fisheries agreements concluded by the Portuguese Republic with third
countries, decisions appropriate for the continuation of fishing activities resulting
therefrom, including the possibility of prolonging for periods not exceeding one year;
whereas the abovementioned Agreement has been extended until 7 March 19981;
      OJNoL 164,21.6. 1997, p. 36
p:\accords\afrsudpt\dec-en.doc
 ---pagebreak---  Whereas, in order to avoid fishing by the Community vessels concerned being
 interrupted, it appears appropriate to authorize the Portuguese Republic to renew the
 Agreement in question until 7 March 1999,
 HAS ADOPTED THIS DECISION:
                                         Article 1
 The Portuguese Republic is hereby authorized to extend until 7 March 1999 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.
                                                                  For the Council
                                                                  The President
p:\accords\afrsudpt\dec-en.doc
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(98) 304 final
                                              DOCUMENTS
EN                                                                03 10 11
                                    Catalogue number : CB-CO-98-312-EN-C
                                                             ISBN 92-78-36065-1
Office for Official Publications of the European Communities
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