COUNCIL DECISION of 19 April 1995 authorizing the automatic  renewal or maintenance in force of provisions governing matters covered by the common commercial  policy contained in the friendship, trade and navigation treaties and trade agreements concluded  between Member States and third countries (95/133/EC)
THE COUNCIL OF THE EUROPEAN  UNION
,
Having regard to the Treaty establishing the European Community, and in particular Article 113 in  conjunction with Article 228 (2) thereof,
Having regard to Council Decision 69/494/EEC of 19 December 1969 on the progressive standardization  of agreements concerning commercial relations between Member States and third countries and on the  negotiation of Community agreements  (1), and in particular Article 3 thereof,
Having regard to the proposal from the Commission,
Whereas the automatic renewal or extension beyond the transitional period of the treaties,  agreements and protocols listed in the Annex was last authorized by Decision 93/679/EC  (2);
Whereas the Member States concerned have again requested authorization for the automatic renewal or  maintenance in force of provisions governing matters covered by the common commercial policy within  the meaning of Article 113 of the Treaty and contained in the friendship, trade and navigation  treaties and similar agreements with third countries listed in the Annex, in order to avoid  interrupting their contractual commercial relations with the third countries concerned;
Whereas, however, most of the matters covered by these provisions of national treaties and  agreements will in future be governed by Community agreements; whereas, in that case, authorization  should be given only in respect of those matters not covered by Community agreements; whereas, in  addition, such authorization does not absolve the Member States from the obligation of avoiding  and, where appropriate, eliminating any incompatibility between such treaties and agreements and  the provisions of Community law;
Whereas the provisions of the treaties and agreements to be automatically renewed or maintained in  force must not, furthermore, during the period under consideration, constitute an obstacle to the  implementation of the common commercial policy;
Whereas the Member States concerned have stated that the automatic renewal or maintenance in force  of these treaties and agreements should not be such as to constitute an obstacle to the opening of  Community commercial negotiations with the relevant third countries or the transfer of the  commercial fields covered by current bilateral agreements to Community agreements;
Whereas, at the conclusion of the consultation provided for in Article 2 of Decision 69/494/EEC, it  was established, as the aforesaid statements by the Member States confirm, that the provisions of  the relevant treaties and bilateral agreements will not, during the period under consideration,  constitute an obstacle to the implementation of the common commercial policy;
Whereas, nevertheless, the Member States concerned have stated that they would be willing to adapt  and, if necessary, terminate those treaties and agreements should it be found, during the period  under consideration, that the automatic renewal or maintenance in force of the provisions thereof  relating to matters covered by Article 113 of the Treaty hinders the implementation of the common  commercial policy;
Whereas the treaties and agreements involved contain termination clauses requiring a period of  notice of between three and 12 months;
Whereas, therefore, there is no reason for not authorizing the automatic renewal or maintenance in  force, until 30 April 1996, of the provisions in question;
Whereas the automatic renewal or extension of the treaties and trade agreements between the Member  States and the EFTA countries was considered inappropriate, except for those concluded with  Switzerland and Norway, as the countries concerned have become members of the European Union from 1  January 1995 or are already members of the European Economic Area,
The provisions governing matters covered by the common commercial  policy within the meaning of Article 113 of the Treaty and contained in the friendship, trade and  navigation treaties and trade agreements listed in the Annex hereto may be automatically renewed or  maintained in force until 30 April 1996 as regards those areas not covered by agreements between  the Community and the third countries concerned in so far as their provisions do not conflict with  existing common policies.
This Decision is addressed to the Member States.