Proposal for a COUNCIL DECISION authorizing the Portuguese Republic to extend until 7 March 1997 the Agreement on mutual fishery relations with the Republic of South Africa
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 28. 05. 1996 COM(%)231 final Proposal for a COUNCIL DECISION authorizing the Portuguese Republic to extend until 7 March 1997 the Agreement on mutual fishery relations with the Republic of South Africa (presented by the Commission) EXPLANATORY MEMORANDUM On 9 April 1979, the Portuguese Republic Gigned an agreement on mutual fisheries relations with the Republic of South Africa which entered into force on the Game 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. 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. 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 1997- X. PROPOSAL OF C O U N C IL D E C I S I ON of a u t h o r i z i ng t he P o r t u g u e se R e p u b l ic to e x t e nd u n t il 7 M a r ch 1997 t he A g r e e m e nt on m u t u al fishery r e l a t i o ns with t he R e p u b l ic of S o u th Africa THE COUNCIL OF THE EUROPEAN UNION. Having regard C o m m u n i t y, to the Treaty establishing the European Having Portugal, and regard to the Act of Accession of Spain and in particular Article 354 (3) thereof. Having regard to the proposal from the Commission, fishery the Agreement on mutual Whereas relations between the G o v e r n m e nt of the Portuguese Republic and the G o v e r n m e nt 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 il is not denounced by the giving of 12 months" n o t i c e. the rights and obligations laying Whereas Article 354 (2) of the Act of Accession the down that agreements Portuguese concluded with third countries, shall not be affected during the period for which the provisions of such agree ments are provisionally maintained ; flowing, for Republic, fisheries from is to adopt, before Whereas, pursuant to Article 354 {3) of the said Act, the Council fisheries agreements concluded by the Portuguese Republic with third countries, decisions appropriate for the continuation of fishing activities the possibility of prolonging for periods not exceeding one the expiry of therefrom, including resulting the year ; whereas the abovcmenlioned Agreement has been extended until 7 March 1996<'); Whereas, in order to avoid fishing by the C o m m u n i ty vessels concerned being interrupted, it apears appropriate to authorize the Portuguese Republic to renew the Agree ment in question until 7 March 1997, HAS ADOPTED THIS DECISION Article 1 The Portuguese Republic is hereby authorized to extend until 7 March 199 7 the Agreement on mutual fisheiy 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 Vor the Council Ihe President O oj No i. "329 tf30. 12. °5p_ 36 ISSN 0254-1475 COM(96) 231 final DOCUMENTS EN 03 15 Catalogue number : CB-CO-96-241-EN-C ISBN 92-78-04473-3 Office for Official Publications of the European Communities L-2985 Luxembourg 4