5.12.2001 Official Journal of the European Communities L 320/13 (Acts whose publication is not obligatory) COUNCIL COUNCIL DECISION of 15 November 2001 authorising 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 (2001/855/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, Having regard to Council Decision 69/494/EEC of 16 December 1969 on the progressive standardisation of agree- ments 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: 1) () ) 0] 0] The extension or automatic renewal beyond the trans- itional period of the treaties, agreements and protocols listed in the Annex to this Decision was last authorised by Decision 97/351/EC (%). The Member States concerned have requested author- isation for the automatic renewal or continuation in force of provisions governing matters covered by the common commercial policy within the meaning of Article 133 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 commer- cial relations with the third countries concerned. However, most of the matters covered by these provi- sions of national treaties and agreements are now governed by Community agreements. Authorisation should accordingly be given only in respect of those matters not covered by Community agreements. Such authorisation does not absolve the Member States from the obligation of avoiding and eliminating any incompa- L 326, 29.12.1969, p. 39. L 151, 10.6.1997, p. 24. tibility between such treaties and agreements and the provisions of Community law. Moreover, the provisions of the treaties and agreements to be automatically renewed or maintained in force must not constitute an obstacle to the implementation of the common commercial policy. The Member States concerned have stated that the auto- matic renewal or continuation in force of these treaties and agreements should not be a bar to the opening of Community trade negotiations with the relevant third countries or the transfer to Community agreements of trade matters covered by current bilateral agreements. 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 implementation of the common commercial policy. Moreover, the Member States concerned have stated that they would be willing to adapt and if necessary termi- nate 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 133 of the Treaty is an obstacle to the imple- mentation of the common commercial policy. The treaties and agreements involved contain termina- tion clauses requiring a period of notice of between three and twelve months. Therefore, there is no reason for not authorising the automatic renewal or continuation in force, for a period of four years, of the provisions in question.