No L 151/24 Official Journal of the European Communities 10. 6. 97 (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 2 June 1997 authorizing the automatic renewal or continuation 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 (97/351/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 16 December 1969 on the progressive standardization of agreements concerning commercial relations between Member States and third countries and on the negotiation of Community agreements (), and in particular Article 3 thereof, Having regard to the proposal from the Commission, Whereas the extension or automatic renewal beyond the transitional period of the treaties, agreements and proto- cols listed in the Annex to this Decision was last au- thorized by Decision 95/133/EC (3); Whereas the Member States concerned have requested authorization for the automatic renewal or continuation in force of provisions governing matters covered by the common commercial policy within the meaning of Article 113 of the Treaty contained in the friendship, trade and navigation treaties and similar agreements with third countries listed in the Annex to this Decision, 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 are now () OJ No L 326, 29. 12. 1969, p. 39. () OJ No L 89, 21. 4. 1995, p. 30. governed by Community agreements; whereas authoriza- tion should accordingly be given only in respect of those matters not covered by Community agreements; whereas such authorization does not absolve the Member States from the obligation of avoiding and eliminating any incompatibility between such treaties and agreements and the provisions of Community law; Whereas, moreover, the provisions of the treaties and agreements to be automatically renewed or maintained in force must not constitute an obstacle to the implementa- tion of the common commercial policy; Whereas the Member States concerned have stated that the automatic renewal or continuation in force of these treaties and agreements should not be a bar to the opening of Community trade negotiations with the rele- vant third countries or the transfer to Community agree- ments of trade matters covered by current bilateral agree- ments; Whereas, on 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 would not constitute an obstacle to the imple- mentation of the common commercial policy; Whereas, moreover, 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 that the automatic renewal or continuation in force of the provisions thereof relating to matters covered by Article 113 of the Treaty is an obstacle to the imple- mentation of the common commercial policy;