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 99 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) 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 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 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- 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 mutual fishery relations 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 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 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 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 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 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 L-2985 Luxembourg \<0