title: RECOMMENDATIONON FOR A COUNCIL DECISION concluding two Agreements between the European Economic Community and the People's Republic of Bangladesh, one on trade in februcs of silk or or waste silk other than noil or of cotton, woven on handlooms, and the other on trade in hand-made products (handicrafts). (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1014
Vol. 1974/0168
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION Oi? THE EUROPEAN COMMUNITIES
                                                               COM(74) 1014 final
                                                               Brussels , 3 July 1974
                      RECOMMENDATION ON FOR A COUNCIL DECISION
     concluding two Agreements between the European Economic Community
  and the People 's Republic of Bangladesh , one on trade in februcs of silk
            or or waste silk other than noil or of cotton , woven on
   handlooms , and the other on trade in hand-made products (handicrafts ).
                  ( submitted to the Council by the Commission)
  COM ( 74) 1014 fi^l
 ---pagebreak---                                 EXPLANATORY MTTlORAlPUH
  1.      Two decisions were adopted "by -the Council at its session of 18
 February 1974 » authorizing the Commission to open negotiations with the
 People' ? Republic of Bangladesh with a view to concluding with that country :
                                                                \
            an agreement on trade in fabrics of silk or of waste silk
            other than noil and in woven fabrics of cotton , woven on
            handlooms , and
            an agreement oil trade in hand-made products ( handicrafts ).
         These agreements should specify the arrangements for permitting duty-
 free imports from the People 's Republic of Bangladesh under the Community^
 annual tariff quotas for these two categories of product j the terms should
 be similar to those in the agreements concluded by the Community with other
 third countries .
 2.      At a meeting for the purposes of negotiation with the Bangladesh
 Government , the Community specified the said arrangements and terms under which
 the tariff quotas , of general application , opened autonomously by the
  Community , for the products in question , could be extended to Bangladesh .
 Bangladesh has given full guarantees as to fulfilment by the authorities
 of that country of the requirements , in particular those relating to the
  certificate of manufacture certifying that the fabrics in question were woven
  on handlooms in Bangladesh and that the products in question were hand made
  in that country . ( 1 )                                                     .
          The Commission thus recommends the Council to adopt the following
  decision :
( 1 ) It is recalled that , in order not to disrupt a traditional trade flow ,
      the Council has already decided to include Bangladesh in the list of
      beneficiary countries annexed to Regulations ( EEC ) n° 359V73 ( hand-
      looms ) and n° 3595/73 ( handicrafts ) of 28 December 1973 .
 ---pagebreak---                    RECOMMENDATION FOR A COUNCIL DECISION
               concluding "two Agreements between the European
               Economic Community and the People * s Republic of
               Bangladesh , one on trade in fabrics of silk or of
               waste silk other than noil or of cotton, woven on
               handlooms , and the other on trade in hand-made
               products ( handicrafts ).
THE COUNCIL OP THE EUROPEAN COISIUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof ,
Having regard to the Recommendation of the Commission ,
Whereas the Government of Bangladesh has asked for the extension to Bangladesh
of the Community duty-free tariff quotas , opened by the Community for imports
of fabrics of silk or of waste silk other than noil or of cotton, woven on
handloons , and for imports of hand-made products (handicrafts ).
Whereas during the negotiations between the European Economic Community and the
People 's Republic of Bangladesh two draft Agreements were dravm up in the form
of an exchange of letters and these drafts were acceptable to the Community,
HAS DECIDED AS FOLLOWS :
                                    Article 1
The two Agreements , in the form of an exchange of letters with the People 's
Republic of Bangladesh , the texts of which are annexed to this decision , one
on trade in fabrics of silk or of waste silk other than noil and in woven
fabrics of cotton , woven on handlooos , (Annex i ) and the other on trade in
hard-made products (handicrafts ) (Annex II ), are hereby concluded on behalf
of the Community .
 ---pagebreak---                             Article 2
                                                                /
The President of the Council is hereby authorized to designate
the person empowered to sign the said Agreements and to confer
on him the power required in order to "bind the Community.
Done at Brussels .                               For the Council
                                                  The President
 ---pagebreak---            EXCHANGE OP LETTERS
between the European Economic Community
and the People 's Republic of Bangladesh
on trade in fabrics of silk or of waste
silk other than noil and in fabrics of
      cotton , woven on handlooms .
 ---pagebreak--- A. Letter from the Community Delegation
         I have the honour to refer to the letter of 25 September 1973
   from the Mission of the People 's Republic of Bangladesh to the
   European Communities , wherein your Government asks to.: participate in
   the Community duty-free tariff quotas , of general application , opened
   autonomously by the Community for fabrics of silk or of waste silk
   other than noil and for cotton fabrics , woven on handlooms , each for
   a value of 2 million units of account .
         In view of the results of the negotiations and after examination
   of your application , I have the honour to inform you that the European
   Economic Community is ready to extend to the People 's Republic of
   Bangladesh the tariff quotas for fabrics of silk or of waste silk other 1
   than noil and for fabrics of cotton , woven on handlooms .
         I should like to draw your attention to the fact that importation
   Tinder these quotas is subject to production of a certificate of
   manufacture , recognized by the Community customs authorities and issued
   by the relevant authorities in Bangladesh , certifying that the fabrics
   in question were woven on handlooms in Bangladesh.
         This certificate will be prepared by agreement between the
   relevant departments of your Government and of the Commission of the
   European Communities .
         The beginning and end of each certificate will bear a stamp
   approved by the Community customs authorities .
         I should be grateful if you would kindly confirm your Government 's
   agreement to the contents of this letter.
 ---pagebreak--- 1
  B.  Letter from the Bangladesh Delegation
            I have the honour to acknowledge receipt of your letter of
      worded as follows ?
            "I have the honour to refer to the letter of 25 September 1973 from
      the Mission of the People 's Republic of Bangladesh to the European
      Communities , wherein your Government askes to participate in the Community
     duty-free tariff quotas , of general application , opened autonomously by
     the Community for fabrics of silk or of waste silk other than noil and
     for cotton fabrics , woven on handlooms , each for a value of 2 million
     units of account .
           In view of the results of the negotiations and after examination of
     your application , I have the honour to inform you that the European Economic
     Community is ready to extend to the People 's Republic of Bangladesh the
     tariff quotas for fabrics of silk or of waste silk other than noil and
     for fabrics of cotton , woven on handlooms ,
           I should like to draw your attention to the fact that importation
     under these quotas is subject to production of a certificate of
     manufacture , recognized by the Community customs authorities and issued
     by the relevant authorities in Bangladesh , certifying that the fabrics in
     question were woven on handlooms in Bangladesh .
          This certificate i:ill be prepared by agreement between the relevant
     departments of your Government and of the Commission of the European
     Communities .
          The beginning ar& end of each certificate will bear a stamp approved
     by the Community customs authorities .
           I should be grateful if you would kindly confirm your Government 's
     agreement to the contents of this letter."
           I have the honour to confirm to you my Government 's agreement to the
     foregoing.
 ---pagebreak---           EXCHANGE OP LETTERS
between the European Economic Coranunity
and the People 's Republic of Bangladesh
on trade in hand–made products (handicrafts )
 ---pagebreak--- A. Lot tor from the Commvjiity Delegation
         I have the honour to refer to the note verbal e of 25 September 1973
   from the Mission of the People 's Republic of Bangladesh to the
   European Communities , wherein your Government asks to participate in
   the Community duty-free tariff quota, of general application , opened
   autonomously by the Community for certain hand-made products (handicrafts )
   for a value of ten million units of account .
         After examination of yoUr application and in the light of points that
   arose during the negotiations , I have the honour to inform you that the
   European Economic Community is ready to extend this tariff quota to the
   People 's Republic of Bangladesh for products on the list annexed hereto :
         it being understood that the maximum value for any one tariff
         heading shall not exceed one million units of account , and
         that the setting off of amounts against this Community tariff
         quota is subject to technical conditions to be determined by
         the relevant authorities of the European Economic Community .
         Regarding these conditions I should like to draw your attention to
   the fact that duty-free importation is subject to production to the
   Community customs authorities of a certificate , recognized by those
   authorities and issued by the relevant authorities in Bangladesh ,
   certifying that the goods in question were hand made in Bangladesh.
   This certificate , however , will in no way bind the Community
   authorities .
         The certificate will be prepared by agreement between the relevant
   departments of your Government and of the Commission of the European
   Communities .
 ---pagebreak---                                    - 2 -
     The above-mentioned tariff quota opened by the European Economic
Community shall be broken down and administered according to the rules
in effect to the Community.
     I should be grateful if you would confirm to me your Government 's
agreement to the contents of this letter .
 ---pagebreak---                                     /
B.  Letter from the Bangladesh Delegation
          I have the nonour to acknowledge receipt of your letter of
   worded as follows :
         "I have the honour to refer to the note verbal e of 25 September 1973
   from the Mission of the People 's Republic of Bangladesh to the European
   Communities , wherein your Government asks to participate in the Community
   duty-free tariff quota , of general application , opened autonomously by
   the Cocmunity for certain hand-*nade products (handicrafts ) for a value
   of ten million units of account .
         After examination of your application and in the light of points
   that arose during the negotiations , I have the honour to inform you
   that the European Economic Community is ready to extend this tariff quota
   to the People 's Republic of Bangladesh for products on the list annexed
   hereto :
         it being understood that the maximum value for any one
         tariff heading shall not exceed one million units of account
         and ,
         that the setting off of amounts against this Community
         tariff quota is subject to technical conditions to be
         determined by the relevant authorities of the European
        Economic Community,
        Regarding these conditions I should like to draw your attention to
   the fact that duty-free importation is subject to production to the
   Community customs authorities of a certificate , recognized by those
   authorities and issued by the relevant authorities in Bangladesh ,
   certifying that the goods in question were hand made in Bangladesh.
   This certificate , however , will in no way bind the Community authorities .
        The certificate will be prepared by agreement between the relevant
   departments of your Government and of the Commission of the European
   Communities ,
 ---pagebreak---      The above-mentioned tariff quota opened by the European Economic
Community shall be broken down and administered according to the rules
in effect to the Community.             . ,
     I should be grateful if you would confirm to me your Government 's
agreement to the contents of this letter ."
     I have the honour to confirm to you my Government 's agreement to the
foregoing.
 ---pagebreak---                               LIST CF HAUDI C RAPTS PRODUCTS
   Common Customs
   Tariff heading Kb .                      Description
   42.02               Travel goods (for example , trunks , suitcases , hat-boxes ,
                       travelling bags , rucksacks ), shopping bags , handbags ,
                       satchels , briefcases , wallets , purses , toiletcases , toll-
                       cases , tobacco-pouches , sheats , cases , boxes ( for example ,
                       for ems , musical instruments , binoculars , jewellery , bottles ,
                       collars , footwear , brushes ) and similar containers , of leather
                       or of composition leather , of vulcanised fibre , of artificial
                       plastic sheeting, of paperboard or of textile fabric :
                       ex B. Of other materials than artificial plastic sheeting.
   42.03               Articles cf apparel and clothing accessories , of leather
                       or of composition leathsr :
                       C. Other clothing accessories
   44*24              Household utensils of wood .
   44*27               Standard lamps , table lamps and other lighting fittings , of
                      wood | articles of furniture , cf wood , not falling within
                       Chapter 94 ? caskets , cigarette boxes , trays , fruit bowls , orna
                      ments r;nd other fancy articles , cf wood ; cases for cutlery , for
                      drav;ing instruments or for violins , and similar receptacles ,
                       of vfood ? articles of wood for personal use or adornment , of
                      a kind normally carried in the pocket , in the handbag or on
                      the person ; parts of the foregoing articles , of wood .
   48.21               Other articles of paper pulp , paper , paperboard or cellulose
                      wadding :
                      B. Other
ex 55»09               Other woven fabrics of cotton :
                                                               /
                       - Fabrics , hand-dyed or hand-printed by the 'batik * method
   59.02               Felt and articles of felt , whether or not impregnated
                       or coated :
                       ex B. Other :
                               - Carpets , mats
ex 61.01               Men 's and boys' outer garments :
                       - Ponchos in wool
 ---pagebreak---                                 - 2 -
Commun Customs                      ^     ^.
Tariff heading No  "                  es    lon
      6lo02       Women 's * girls' and infants' outer garments :
                  - Garments , hand-dyed or hand-printed by the
                     'batik' method :
                     ex B , Other :
                            - Capes , skirts , skirt lengths , in wool
      61.06       Shawls , scarves , mufflers , mantillas , veils and the
                  like
      62.01       Travelling rugs and blankets :
                  B. Other :
                      ex II . Of other textile materials :
                               - In wool
      62.02       Bed linen , table linen , toilet linen and kitchen
                  linen ; curtains and other furnishing articles :
                  ex B. Other :
                          - Double curtains in wool
                          - Cotton fabric articles , hand-dyed, or hand-
                            printed by the 'batik' method
      62.05       Other made-up textile articles ( including dress
                  patterns ) :
                  ex C. Other :
                          - Cotton fabric articles , hand-dyed or hand-
                            printed by the 'batik' method
      64 . 05     Parts of footwear ( including uppers , in-soles and
                  screw-on heels ) of any material except metal
   ex 65.05       Hats and other headgeat ( including hair nets ) knit
                  ted or crocheted , or made up from lace , felt or
            . ,   other textile fabric in the piece ( but not from
                  strips ), whether or not lined or trimmed :
                  - Berets , in wool
      66 . 02     Walking-sticks ( including climbing-sticks and seat-
                  sticks ), canes , yfhips , riding-crops and the like
      68 . 02     Worked monumental or building stone , and articles
                  thereof ( including mosaic cubes ), other than goods
                  falling within heading No 68 . 01 or within Chapter 69
                  A. Worked monumental of building stone :
                      IV . Carved
                                                                         /
 ---pagebreak--- Commun Customs
Tariff heading No                    Description
      74.18          Other articles of a kind commonly used for domestic
                     purposes , sanitary ware for indoor use and parts of
                     such articles and ware , of copper
      74.19          Other articles of copper
      83.O6          Statuettes and other ornaments of a kind used indoors ,
                     of base metal
                                  ♦
      83»07          Lamps and lighting fittings , of base metal , and parts
                     thereof , of base metal ( excluding switches , electric
                     lamp holders , electric lamps for vehicles , electric
                     battery or magneto lamps , and other articles falling
                     within Chapter 85 except heading No 85*22 )
      83 » 10        Beads and spangles , of base metal
      83 . ll        Bells and gongs , non-electric , of base metal , and
                     parts thereof of base metal
      9^.03          Other furniture ' and parts thereof
      95.01          Worked tortoise-shell and articles of tortoise-shell :
                     B. Other
      95*02          Worked mother of pearl and articles of mother of pearl
                     B. Other
      95*03          Worked ivory and articles of ivory :
                     B. Other
      95.04        . Worked bone ( excluding whalebone ) and articles of
                     worked bone ( excluding whalebone ) :
                     B. Other
      95*05          Worked horn , coral ( natural or agglomerated ) and other
                     animal carving material , and articles of horn , coral
                     ( natural or agglomerated ) or of other animal carving
                     material :
                     C. Other animal carving material , worked :
                         II . Other
      95.06          Worked vegetable carving material ( for example , corozo
                     and articles of vegetable carving material :
                  • B. Other
 ---pagebreak--- Conmon Custcras Tariff
heading ITo                          Description
95-07              l.'orked jet ( and mineral substitut es for jet ), amber . meer-
                   schaun , agglomerated amber and agglomerated meerschaum , and
                   articles of those substances :
                   E. Other
97.02              Dolls :
                   ex A. Dolls ( dressed or undressed);
                           - Dolls dressed in a folk costume representative
                             of the country of origin .
97.03              Other toys | working models of 3. kind used for recreational
                   purpose s
                   A. Of wood .


RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE COMMISSION TO OPEN NEGOTIATIONS WITH A VIEW TO CONCLUDING A NEW AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND NORWAY ON TRADE IN CHEESE


title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Republic of Senegal for the supply of maize as food aid. (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 448
Vol. 1974/0075
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(74)448 Final
                                                     Brus sels . 9 April 1974
                                RECOMMENDATION FOR A
                                  COUNCIL DECISION
         on the conclusion of an agreement between the European Economic
             Community and the Republic of Senegal for the supply
                              of maize as food aid .
                  ( submitted to the Council by the Commission )
COM(74 ) 448 Final
 ---pagebreak---    ara* COUJÎCÏI. ot? ÏIÏS Haaopffiur CO^IMES ,
                               *  ; .
   Having regard 'bo tho 'i'roaty crrtablisjhing the Iluropewi Econoiaic ^xx:iuni*cy ,
   and in particular Articles 1 1 3 , H/j and 223 thereof ;
   Having regard. 'l;o 'the Recommendation from the Cojnisiccion ;
  l,roerear.; the European Economic Conmunity has deposited a Declaration for
   provisional application of "the 1971 Pood Aid Convention } vhoreao that
  Convention hay been applicable since 1 July 1971 }
  IJhcreaa the Republicof Senegal , "by its letter of 9 - H - 73 has requested
  food aid j
  Uhereafj in - view of the cereal supply sitxiation in the Republic of Donegal
  that country should be accorded , by v:ay of gift ,       15 000    metric ton a
  of maize under the Community Food Aid Programme for 1973/74 ;
     •   *
 ^33533 ?                   •                                .
                                                /rticljûJ^
 On behalf of the Buropetm Econojaic Community an Agrconcrit , tne *bcx» vrhoreof
 is annexed hereto , yhal'l be concluded betv;cen the European Economic Community
                        . -                                                        S •
 end the - Republic of Senegal, for supply of maize as food aid .
                                                                 %
 '.fhe President of the Council as hereby authorized to designate those v;no .
are to sign the Agree:,lent and to confer 'on them the requisite pov.'crs to bind
the Community . '*                      "     :                .   *■             *
                                                  I •
                                                        m                      «
.Done at jJnioselo ,                  19..'..         •   ~        For the Council
                                                                    The Président
 ---pagebreak---              AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND THE REPUBLIC OP SENEGAL CONCERNING
THE SUPPLY AS FOOD AID OF MAIZE .
 ---pagebreak---  'ΓΙΓίϋ , ϋΟϋ,υΰΙΙι ΟΙ'1 «ΒΙΕ ΕϋηΟΡΕΛΉ ΌΟΙΰ-ΪΙΠΙΤαΊΞΒ ,
                                                                  on 'che o.io Ji.jnO. .
.TIE) GOVKBEIrø O? '.i'IIiv lffiPUBLlC OF SENEGAL
                                                                  cm . '13 10 oiher havn)
 KAVTJ 1)530 XDKD "to conclude "this Agreoincnb end "to 'fchio end have ( loaigiia'ted
ar> their v>leni rx>t csrliaries j                                             * *
Tins cou};c:i:Vi o? wia jsaaopE&ir coimjjJTTJESs
THE OOVIRlMSiiT OP r£2S KSPUBLIC OF SENEGAL :
TJKO H/iVi'J AGREED JJ3 FOLLOWS :
                                    <?
 ---pagebreak---                                               Art ici r. T
  As a part of its Food Aid - Prodrome (Cereals ) for' 197 3/71. » the Bircopcan
  Economic Community shall .supply free to the Republic of Senegal
  hereinafter referred. as t]ie "recipient country", with 15 000 metric tons
. of maize .                                               . '
                              *           ' *                  »
                                             Article X.T
  Deliveries will be wade in new jute sacks with a net weight of 50 kg each
free to places of destination determined by the recipient country and the
European Economic Community by mutual consent .
                                          Article m
                V                                                v
  The obligations and r0 spon siM li i i es of the European Economic Coi.uriu.nity ana
 of the recipient country relating to delivery and the taking of delivery arc
 defined in the Iixaiext uhicli forms en - integral part of thi a Agroerjont .
       '     ■                            Art i o.l e. W
 The recipient country undertakes to make all necessary arrangemenv :-; for mie
 transport and insurance of the product fro:v; the places of destination on .
                                         Art à cle V
                                       . Imm»
                                     /                I            .
                                   /                                             . ,
 The recipient country undertakes to use the product received as and for .
 purposes of consumption and to distribute it to people in need free of charge
                                         Article VI
'lire Contracting Parti or-; undertake to implement this Agreement in suc/i a v;ay
as to avoid any prejudice to the normal" structure of dome'stic production and
international trade . To this end they shall take any measures required to
ensure that aid .supplies are in -addition "to , end do not replace business
transactions which Might reasonably be expected .in the absence of such supp"!
 ---pagebreak---                                    '   Article VU
 The recipient country shall take any Measures required -to pravent :
                    • •*-    •
•(i )     tfhe re-export of the product received c;.rj aid and of products and _ by
           product a resulting frow such mippliosj
  (x:L ) '.i.'jie export , commercially c>r otherwise . within six l/ionthw o.<. ihe last,
          delivery, either of the product obtained locally and of the srJ-se nature
          as .the product received aa aid or of any products or by-products resulting
          from it .
                                       Article VX.'.X
                                       Ιηκ.<Ι·^»^«:ι\*>·«·ι)>·· · * · >-«
 '[vie recipi eni country undor ta2c.C^ io IFTAORFA 'fcho iDaropor.ui E CONOMIC C OJ .^ I Ulut/
 how this .Agreement is being ircplei.'jeiited , '.Co this end it yh?sll pro'v.ie.e the
 Co'. amission of the Eiv»ope .--n C 'on-fiunitioR ^_ every three months until the quantities
 received as aid have been fully used : reports indicating in particular number
 and nature of the beneficiaries , the quantities distributed , places and
 manner of distribution .                                                 ■
                                            Artj clo IX
U')JO recipient country shall talc© all appropriate steps to enable those - parsons
duly authorized by the European Economic Community to make on the spot obser
vations of the operations connected with tho implementation of the Agreement . ■
        . ■       '                         Article X                                          .
At the reqxiest of either party, the contracting parties shall consult one
another on all questions concerning the application of this Agreement .
  ' '   ■ .          •                      ArticJc XX.                                   '
This Agreement is drawn up . in two copies in the Danish , Dutch , English , French ,
German and Italian languages , these texts being equally authentic .
 ---pagebreak---               AKOT3X R&ngffiKD TO UT AKTJCLE III OF TIIÏÏ AGRIPM3T
                                     Artn.cle 1
  Delivery shall bo effected and risks shall pass from the European Economic,
  Community to the recipient country at the moment at. which the goods actually
  reach the place of destination ,             \
         •                «
  The recipient country shall pay all costs of taking delivery of the goods ,
  any transshipment costs and all costs subsequent to delivery .
  Any costs resulting from delays in taking delivery i.'hich are attributable
  to the recipient country shall "be home "by the latter .
                                            «
                                     Article ?
. The European. Economic Coinmunity sh?„ll notify the recipient country , as soon
  as possible after the g&'/ds have left the port of loading , of the dat.e of
  loading , the quantity and quality of the goods as recorded at loading ^ the
  port of unloading and the means of land transport used to transfer the goods
  to the place of delivery .
                                     Article 3
  The European Economic Community shall inform the recipient country 01 v-ho
  estimated date of arrival of /the goods at the place of delivery at least ten
                                 /                              '
  clear days before that date .           .
     •                                           •                              *
  The European Economic Community shall "be obliged to inform the recipient
  country at least two days beforehand of the probable date of arrival of the
  goods at the place of delivery .                                   '
                                                    V.
                                                                         »»</•«»
 ---pagebreak---                                   Article /[      '                             j
                                                                                I
  On deliver a tolerance of 5 g lcsa than the quantity of wheat "to bo
  supplied under Article I of the Agreement is permitted .
                                   Article S --
  To implement the provisions of this Annex , the European Economic Community ^
  shall appoint an authorized agent , whose name and address shall he made        j
  knovm in good time to the recipient country .               •                   :
  The recipient country shall appoint ii receiving agent at each place of         >
  delivery , whose name and address shall he made known to the European             f
  Economic Community "before the Agreement is implemented .                         ;
                                                                                I
                                    • ' •
                                 ' Article 6           ...
On delivery of the goods the country of destination shall hand to the authorize ^
agent of the European Economic Community a taking-over certificate , stating the;
place and date of taking over , the nature and the quantity as well as contigent;
                                                                                f
observations about the quality of these goods and shall send a copy thereof to
the Commission of the European Community.       ,                                     !


               EUROPEAN COMMISSION
            Brussels, 7.7.2016
            COM(2016) 294 final
            Recommendation for a
            COUNCIL DECISION
            establishing that no effective action has been taken by Spain in response to the Council Recommendation of 21 June 2013
            {SWD(2016) 241 final}

               Recommendation for a

               COUNCIL DECISION

               establishing that no effective action has been taken by Spain in response to the Council Recommendation of 21 June 2013

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 126(8) thereof,

               Having regard to the recommendation from the European Commission,

               Whereas:

               (1)According to Article 126 of the Treaty, Member States shall avoid excessive government deficits.

               (2)The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation. The Stability and Growth Pact includes Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure
                  1
               , which was adopted in order to further the prompt correction of excessive general government deficits.

               (3)The Council, acting upon a recommendation by the Commission, decided on 27 April 2009, in accordance with Article 104(6) of the Treaty establishing the European Community, that an excessive deficit existed in Spain and issued a recommendation to correct the excessive deficit by 2012 at the latest in accordance with Article 104(7) of that Treaty. Since then, the Council has issued three new recommendations to Spain (on 2 December 2009, 10 July 2012 and 21 June 2013) on the basis of Article 126(7) of the Treaty on the Functioning of the European Union, which extended the deadline for correcting the excessive deficit to 2013, 2014 and 2016 respectively. In all three recommendations the Council considered that Spain had taken effective action, but unexpected adverse economic events with major unfavourable consequences for government finances had occurred
                  2
               .

               (4)The latest Council Recommendation to Spain on the basis of Article 126(7) of the Treaty was issued on 21 June 2013. It recommended Spain to reach a headline deficit target of 6.5% of GDP in 2013, 5.8% of GDP in 2014, 4.2% of GDP in 2015, and 2.8% of GDP in 2016, which was consistent with an improvement of the structural balance of 1.1%, 0.8%, 0.8%, and 1.2% of GDP in the years 2013-2016, respectively, based on the Commission 2013 spring forecast extended to 2016. To achieve that improvement, Spain was asked to implement additional measures amounting to 2%, 1% and 1.5% of GDP in 2014, 2015 and 2016, respectively. Furthermore, Spain was requested (i) to strengthen the effectiveness of the institutional framework by raising further the transparency in implementation of the Budgetary Stability Law as well as by establishing an independent fiscal council to provide analysis, advice and monitor compliance of fiscal policy with national and Union fiscal rules, (ii) to undertake concrete steps to rein in the increasing structural deficit in the social security system, and (iii) to give greater emphasis to the growth-friendliness of the consolidation, including by conducting systematic reviews of expenditure and the tax system. Finally, to ensure the success of the fiscal consolidation strategy, the recommendation also pointed out that it was important to back the fiscal consolidation with comprehensive structural reforms, in line with the Council Recommendations addressed to Spain in the context of the European Semester and the Macroeconomic Imbalances Procedure.

               (5)The Commission 2013 spring forecast, extended to 2016, which underpinned the Council Recommendation of 21 June 2013, projected that the Spanish economy would contract by 1.5% in 2013 before growing by 0.9%, 1.4% and 1.9%, respectively, in the three subsequent years. Nominal GDP growth was forecast at 0.1% and 2.0% in 2013 and 2014, respectively, and at 2.6% and 3.2% in the two following years.

               (6)In its recommendation, the Council established a deadline of 1 October 2013 for effective action to be taken in line with the provisions of Article 3(4) of Regulation (EC) No 1467/97. On 15 November 2013, based on the Commission 2013 autumn forecast, the Commission concluded that Spain had taken effective action in compliance with the Council Recommendation of 21 June 2013, although it pointed to risks of non-compliance in 2014. On that basis, the Commission considered that no additional steps in the excessive deficit procedure were necessary at that point in time. Since then the excessive deficit procedure has been held in abeyance.

               (7)Risks of non-compliance with the Council Recommendation of 21 June 2013 were highlighted again in subsequent assessments. In July 2014 the Council concluded that the measures underpinning the budgetary strategy set out in the 2014 Stability Programme needed to be specified further and that additional efforts were needed to fully comply with the Council Recommendation of 21 June 2013. Based on its assessment of the 2015 Stability Programme, the Council in July 2015 concluded that there was a risk that Spain would not comply with the provisions of the Stability and Growth Pact. Similarly, the Commission's Opinions on Spain's Draft Budget Plans for 2014, 2015 and 2016, have all concluded that Spain was at risk of not complying with the rules of the Stability and Growth Pact. In particular, the Commission pointed out risks related to the structural effort in the plans being lower than those recommended by the Council. Moreover, the Commission pointed out risks to the achievement of the headline deficit targets.

               (8)On 9 March 2016, based on the Commission 2016 winter forecast, the Commission also concluded that there was a risk of non-compliance with the deadline to correct the excessive deficit, given the still significant expected excess over the 4.2% of GDP intermediate headline balance target for 2015 and the fact that the fiscal effort achieved until then fell well short the recommended one. On that basis, the Commission issued a recommendation to Spain to step up efforts to ensure compliance with the Council Recommendation of 21 June 2013. To that end, Spain was recommended (i) to take measures to ensure a timely and durable correction of the excessive deficit, including by making full use as appropriate of the preventive and corrective tools set out in Spain's Stability law to control for slippages at the sub-central government level from the respective deficit, debt and expenditure rule targets; and (ii) to report to the Commission on measures in response to the Commission Recommendation in its updated 2016 draft budgetary plan or, at the latest, in a dedicated section of its forthcoming 2016 Stability Programme.

               (9)A new assessment of the action taken by Spain to correct the excessive deficit by 2016 in response to the Council Recommendation of 21 June 2013leads to the following conclusions:

               –Based on the data notified by Spain in spring 2016 and validated by the Commission (Eurostat) on 21 April 2016, the general government deficit was 5.9% of GDP in 2014 and 5.1% of GDP in 2015, above the intermediate targets set by the Council of 5.8% and 4.2% of GDP, respectively. The 2014 deficit outcome suffered from a downward revision of nominal GDP carried out at the time of the second EDP notification in October 2015 as well as deficit-increasing financial sector opearations worth 0.1% of GDP. The relaxation of fiscal policy in 2015 had a large impact on the fiscal outcome.

               –Based on the Commission 2016 spring forecast, the change in the structural balance in 2015 is estimated at -1.0% of GDP, significantly less than the 0.8% of GDP recommended by the Council. The cumulative change in the structural balance over the 2013-2015 period amounted to 0.6% of GDP, thus falling significantly short of the 2.7% of GDP recommended by the Council. Moreover, when adjusted for the effects of revised potential output growth and revenue windfalls or shortfalls compared to the baseline scenario underpinning the recommendation, the structural effort amounts to -0.7% of GDP in 2015 and -0.2% of GDP over 2013-2015, which is well below the recommended effort.  When measured according to the bottom-up method, the fiscal effort amounts to -0.5% of GDP in 2015 and there appears to have been no effort over the 2013-2015 period, against recommended efforts of 1% and 3% of GDP, respectively. Consolidation measures, for instance in the context of the reforms of the public administration and the pension system, were insufficient to offset the impact of some expansionary measures implemented in 2015, such as personal and corporate income tax reductions and a partial pay-back of previously foregone Christmas bonuses, and the upward trend in expenditure linked to population ageing.

               –Over 2013-2015, Spanish inflation (as measured by the GDP deflator) was well below that in the baseline macroeconomic scenario underpinning the recommendation (it was even negative in 2014, at -0.4%), making the achievement of the fiscal targets more difficult. However, the negative impact of low or even negative inflation on Spain's fiscal outcomes was largely offset by higher-than-expected real GDP growth. Despite a less dynamic evolution of the GDP deflator, the level of nominal GDP in 2015 turned out only 1% lower than foreseen in the baseline scenario, as real GDP expanded much faster over the same period. Furthermore, fast job creation and a tax-rich composition of growth further benefitted the deficit reduction.

               –Overall, throughout 2014 and 2015, a low interest rate environment and a stronger-than-expected economic recovery, also thanks to reforms undertaken in response to the crisis, the successful completion of the financial assistance programme and favourable labour market developments, helped Spain to reduce its general government deficit. At the same time, the fiscal consolidation process was hampered by a negative inflation surprise relative to the macroeconomic scenario underpinning the Council Recommendation of 21 June 2013. However, windfall gains, especially in 2015, were not used to accelerate the deficit reduction. Instead, fiscal policy was relaxed , in particular through the tax reform and dynamic expenditure growth.

               (10)The Commission 2016 spring forecast projects a general government deficit of 3.9% of GDP in 2016 and 3.1% of GDP in 2017. The 2016 Stability Programme targets a deficit at 3.6% and 2.9% of GDP in 2016 and 2017, respectively. Therefore Spain is not set to achieve a timely and durable correction of its excessive deficit in 2016. The public-debt-to-GDP ratio declined slightly from 99.3% in 2014 to 99.2% in 2015, thanks to net sales of financial assets more than offsetting the impact of the deficit growing faster than nominal GDP growth. According to the Commission 2016 spring forecast, the debt ratio is expected to rise again in 2016 to 100.3% and to decline thereafter.

               (11)Since 2012, Spain's fiscal framework has been strengthened in order to, among other things, prevent deviations and ensure compliance by all government levels with their respective deficit, debt and expenditure rule targets. Since the Council Recommendation of 21 June 2013, Spain has further strengthened its domestic fiscal framework by amending the 2012 Stability Law to provide incentives for public administrations to reduce public sector arrears to commercial suppliers and by creating in November 2013 an independent fiscal institution (AIReF). However, while Spain’s Stability Law includes tools to prevent and correct deviations from the domestic fiscal targets, the experience over 2014 and 2015 shows that they could have been used to a greater extent. Following the March 2016 Commission Recommendation, the Spanish government has started to enforce corrective provisions in the Stability Law that had not previously been implemented.

               (12)In December 2013 Spain adopted a reform revising pension indexation and introducing as from 2019 an automatic adjustment of future retirees’ new pensions to take account of changes in life expectancy. Moreover, starting in June 2013, it has been implementing a public administration reform, with a view to reaping efficiency gains. At the same time, in 2014 Spain adopted a corporate and personal income tax reform, which had some positive features but was not fully funded.

               (13)This leads to the conclusion that the response of Spain to the Council Recommendation of 21 June 2013 has been insufficient. Spain did not reach the intermediate target for the headline deficit in 2015 and is not forecast to put an end to its excessive deficit by 2016. The fiscal effort falls significantly short of what was recommended by the Council, and the fiscal stance was even relaxed in 2015,

               HAS ADOPTED THIS DECISION:

               Article 1

               Spain has not taken effective action in response to the Council Recommendation of 21 June 2013.

               Article 2

               This Decision is addressed to the Kingdom of Spain.

               Done at Brussels,

                     For the Council

                     The President

                     (1)
                  OJ L 209, 2.8.1997, p. 6.

                     (2)
                  All documents related to the excessive deficit procedure of Spain can be found at:

                     http://ec.europa.eu/economy_finance/economic_governance/sgp/deficit/countries/spain_en.htm


RECOMMENDATION FOR A COUNCIL DECISION - THE OPENING OF NEGOTIATIONS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND EFTA COUNTRIES ON SCHEDULED AIR PASSENGER SERVICES


title: RECOMMENDATION FOR A COUNCIL DECISION concerning the signature of the Agreement for cooperation in dealing with pollution of the North Sea by oil and other harmful substances (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 476
Vol. 1983/0180
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                          C0MC83) 476 final
                                                          Brussels, 25 July 1983
                                 R E CO MME ND ATI ON FOR A COUNCIL DECISION
        conc ern in g the si gnature of the Agreement for cooperation in dealing with
               p o l l uti on of the North Sea by oil and other harmful substances
                             (submitted to the Council by the Commission)
 C0MC83) 476 final
 ---pagebreak---                                         Explanatory Mémorandum
In a c c o r d a n c e with the Council D e ci sio n of 19 May 1981, the Commission
has n e g o t i a t e d the a c c e s s i o n of the Euro pea n Economic Community to
the B o n n A g r e e m e n t of 9 June for co o p e r a t i o n in dealing with pollution
of the No r t h Sea by oil.
In a c c o r d a n c e with the aboveinentioned de cision, the negotiations were
c a r r i e d out by the C o m m i s s i o n in co n s u l t a t i o n with the Member States'
representatives.
The n e g o t i a t i o n s took pl a c e at the same time as the ne gotiations between
the C o n t r a c t i n g P a rt ies relating to a new agreement which is intended
to s t r e n g t h e n c o o p e r a t i o n , adjust the ge ographical limits to which the
a g r e e m e n t a p p l i e s , and en su re co op era ti on in dealing with dangerous
 s u b s t a n c e s ot h e r than oil.
 The n e g o t i a t i o n s have resulted in the attached texts which are scheduled
 to be signed at a D i p l o m a t i c Conf ere nc e to be held in Bonn in early
 S e p t e m b e r 1983.
 In o r d e r to e n a b l e the C o m m uni ty to sign the agreement with the other
  C o n t r a c t i n g Pa r t i e s at the Di plomatic Conference, it is necessary for the
  Coun cil to a u t h o r i z e its Pr es ide nt to d e s i gna te the persons authorized to sign
  the A g r e e m e n t on b e ha lf of the Community.
  In this c o m m u n i c a t i o n the C o m m iss io n recommends the Council to decide,
  as soon as p o s s i b l e , to sign the Agreement for cooperation in dealing with
  p o l l u t i o n of the No rt h Sea by oil and other harmful substances, and to
  a u t h o r i z e the P r e s i d e n t of the Council to d e s i gna te the persons authorized
   to sign the A g r e e m e n t on behalf of the Community, subject to its adoption
   at the D i p l o m a t i c C o n f e r e n c e to bo held in Bonn in early September 1983.
 ---pagebreak--- Communication from t he Commission t o t h e Counci l
Ou t c o m e of the n e g o t i a t i o n s on the a c c e s s i o n of the Eu r o p e a n
E c on omi c C o m m u n i t y to the B o n n A g r e e m e n t (1969) for c o o p e r a t i o n
in d e a l i n g with p o l l u t i o n of the No rt h Sea by oil.
R e c o m m e n d a t i o n to sign the A g r e e m e n t for c o o p e r a t i o n in de a l i n g
with p o l l u t i o n of the No r t h Sea by oil and ot h e r ha r m f u l su bs tan ce s.
 ---pagebreak--- I. !n1 ro· luction
   On 19 Nay 1931 the Council adop ted a deci sio n authorizing the Commission
    to n e g o t i a t e the a c c e s s i o n of the European Economic Community to the
    Bonn A g r e e m e n t of 9 June 1969 for c o o p e ra ti on in dealing with pollution
    of the North Sea by oil.
    The n e g o t i a t i o n s on a c c e s s i o n by the Comm uni ty to the Bonn Agreement
    took pl a c e at the same time as the n e go tia ti on, by the contracting parties,
    of a m e n d m e n t s to the A g r e eme nt in or de r to:
    - de v e l o p m u t u a l a s s i s t a n c e and co op era ti on in dealing with pollution;
    - adjust the g e o g r a p h i c a l limits within which the Agreement applies;
    - pe rm it c o o p e r a t i o n in de a l i n g with p o l l uti on by dangerous substances
        ot he r th an oil.
     In p u r s u a n c e of the Council Decision, the Commission consulted the
     r e p r e s e n t a t i v e s of the M e m b e r States while conducting the negotiations.
II. The n e g o t i a t i o n s
     It p r o v e d n e c e s s a r y du r i n g the n e go tia ti ons to examine certain questions
     co n c e r n i n g the p o s s i b i l i t y of the acce ssi on of the Community to the
     A g r e e m e n t , and in p a r t icu la r:
     - vo t i n g rights,
     - f i n a nci al p r o v i s i o n s ,
     - e l i g i b i l i t y for the of f i c e of Chairman.
      It s e em ed a p p r o p r i a t e with regard to voting rights to comply with legal
      pr e c e d e n t      on the m a t t e r (the wo rding of the Agreement is the same on
      this point as A r t i c l e 19 of the Paris Convention). It was considered
      im p r o b a b l e that the c o n t r a c t i n g parties would use voting in order to
                                                                                . 1
      implement the A g r e e m e n t , which pr i m a r i l y concerned an exchange of information .
       _________                ·                                                             .../.
        See d o c u m e n t s 71 2 9 / 8 2 of 24 Ma y 1982 and 7644/82 of 10 June 1982.
 ---pagebreak---                                                -    2  -
     Undor the fi nancial a r r a n g e m e n t s the C o m m u n i t y will c o n t r i b u t e 2.5%
                                                       1
     towa rds or d i n a r y e x p e n d i t u r e .
     As regards e l i g i b i l i t y for the C h a i r m a n s h i p of the m e e t i n g s of the
                                                                                2
     Co n t r a c t i n g P a rt ies , the " E n v i r o n m e n t " W o r k i n g Pa rt y a g r e e d   that the
     fo l l o w i n g three d e c l a r a t i o n s should be e n t e r e d in the mi n u t e s of the
     Council me e t i n g which wo ul d d e c i d e on c o n c l u s i o n of the Agreement:
     - "the Council and the C o m m i s s i o n c o ns ide r that e l e c t i o n to the Chaii—
         m a n s h i p un de r the B o n n A g r e e m e n t will be by i n v i t a t i o n and not by
         rotation of the v a r i o u s C o n t r a c t i n g Pa rties".
     - "the Council d e c l a r e s that any c a n d i d a t u r e of the C o m m i s s i o n for the
         C h a i r m a n s h i p under the Bo nn Ag r e e m e n t will be d i s c u s s e d wi t h i n the
         Council, which will take a d e c i s i o n on it".
     - the C o m m i s s i o n d e c l a r e s that it does not in tend to p r e s e n t the Co m m u n i t y
         to the C o n t r a c t i n g P a rt ies to this A g r e e m e n t as a c a n d i d a t e for the
         C h a i r m a n s h i p under the Bo n n Ag r e e m e n t wi t h o u t the a g r e e m e n t of the
         Coun cil ."
III. C o m p l e t i o n of the n e g o t i a t i o n s
     At the m e e t i n g of the C o n t r a c t i n g P a rt ies to the B o n n A g r e e m e n t held in
     The Ha gu e from 26 to 29 April 1983, all of the C o n t r a c t i n g Part ies
     a d o p t e d the dr af ts of the new Ag r e e m e n t e n c l o s e d , wh ic h al so covers
     ot h e r d a n g e r o u s s u b s tan ce s.
     Th is text refl ect s the wi s h e s of the C o m m u n i t y as regards vo t i n g r i g h t s ( a r t . 13
     and f i n a nci al arrangement^sJ'Vhe "nieeting of the C o n t r a c t i n g Part ies
     a c c e p t e d w i th out d i s c u s s i o n , in respect of e l i g i b i l i t y for the C h a i r m a n
     ship, that the Ch a i r m a n wo ul d be el e c t e d by in v i t a t i o n and not by rotation
      ( a r t . 12 par. 2).
     _                                                                                . « « /. . .
       See Council d o cu men t 3644/82 of 10 June 1982.
     2.        .          . . .           ____________                        _________
       See Council d o c u m e n t 9 6 9 4 / 8 2 of 7 O c t o b e r 1982.
 ---pagebreak---                                                   " 5 ~
IV. S i g n a t u re and c o n c l u sion of the Agreement             (art. 18)
    This A g r e e m e n t will have to be signed at a diplomatic conference attended
    by the C o n t r a c t i n g Parties to the Bonn Agreement which will be held in
    e a r l y S e p t e m b e r 1983.
    In o r d e r to en able the Comm uni ty to sign the Agreement with the other
    C o n t r a c t i n g P a rt ies du ri ng the a b o v e - m en tio ne d diplomatic conference,
    it will be n e c e s s a r y for the Council to authorize the President of the
    Co uncil to no m i n a t e the pers ons empo wer ed to sign the Agreement on
    be h a l f of the Community.
    The C o m m i s s i o n reserves the right, after signing the Agreement at the
    d i p l o m a t i c c o n f e r e n c e , to lay before the Council a proposal for a Council
    D e c i s i o n on the co n c l u s i o n of the Agreement.
 V. Co n c l u s i o n s
    The C o m m i s s i o n re co mme nd s that the Council decide as soon as possible
    to sign the Ag r e e m e n t for co op era ti on in dealing with pollution of the
    No r t h Sea by oil and other harmful substances and authorize the President
    of the Council to n o mi nat e the persons em powered to sign this Agreement
    on be h a l f of the Co mm uni ty , subject to its adoption at the diplomatic
    c o n f e r e n c e to be held in Bonn in early September 1983.
 ---pagebreak---                      RECOMMENDATION TOR A COUNCIL DECISION
 concerning the signature of the Agreement for cooperation in dealing with pollution of
t he North Sea by oil and o t h e r harmful s u b s t a n c e s :
THE CO UNCIL OF THE E U R O P E A N C O M M U NI TI ES,
Ha vi ng regard to the T r e a t y e s t a b l i s h i n g the E u r o p e a n Econ omi c Community,
Ha v i n g regard r e c o mme nd ati on from the Commission,
W h e r e a s by its D e c i s i o n of 19 M a y 1981 the Council a u t h o r i z e d the C o m m iss io n
to n e g o t i a t e the a c c e s s i o n of the E u r o p e a n E c on omi c C o m m u n i t y to the
Bo n n Ag r e e m e n t of 9 Ju ly 19 69 for c o o p e r a t i o n in d e a l i n g with p o l l u t i o n
of the North Sea by oil;
W h e r e a s the C o m m u n i t y s h ou ld sign the A g r e e m e n t for c o o p e r a t i o n in d e al ing
with p o l l u t i o n of the No rt h Sea by oil and ot h e r harm ful s u b s t a n c e s which
is due to be si gned by the d i p l o m a t i c c o n f e r e n c e in B o n n in S e p t e m b e r 1983,
HAS D E CI DED AS FOLLOWS:
                                            Sole A r t i c l e
The Pr e s i d e n t of the Coun cil           is hereby authorized to designate the persons
e m p o w e r e d to sign the A g r e e m e n t for c o o p e r a t i o n in d e a l i n g with p o l l u t i o n
of the North Sea by oil and o t h e r h a rm ful s u b s t a n c e s and to confer on them
the po w e r s n e e d e d to       bi nd    the C o m m uni ty .
                                                                      Do ne at . . . . .
                                                                      For the Counci l
                                                                      The P r e s ide nt
 ---pagebreak---  AGREEMENT FOR CO-OPERATION IN DEALING WITH POLLUTION OF THE NORTH S/'A BY OIL AND
 OTHER HARMFUL SUBSTANCES
 The Governments of ........................ and the European Economic Community,
 Recognising that pollution of the sea by oil and other harmful substances in the
 North Sea area may threaten the marine environment and the interests of coastal
 States,
 Noting  that  such pollution has many sources     and  that casualties and other
 incidents at sea are of great concern,
 Convinced    that  an  ability  to  combat   such pollution as well as active
 co-operation and mutual assistance among States are necessary for the protection
 of their coasts and related interests,
Welcoming the progress   that has already been achieved within the framework of
 the Agreement for Co-operation in Dealing with Pollution of the North Sea by
Oil, signed at Bonn on 9 June 1969,
Wishing   to develop   further mutual   assistance and co-operation in combating
pollution,
Have agreed as follows:
                                    ARTICLE 1
This Agreement shall apply whenever the presence or the prospective presence of
oil or other harmful substances polluting or threatening     to pollute   the sea
within the North Sea area, as defined in Article 2 of this Agreement, presents a
grave and imminent danger to the coast or related interests      of one or more
Contracting Parties.
 ---pagebreak---                                        - 2 -
                                     ARTICLE 2
For the purpose of this Agreement the North Sea area means the North Sea proper
southwards of latitude 61°N, together with:
       (a)   the Skagerrak, the southern limit of which is determined east of the
Skaw by the latitude 57°44', 8 N;
       (b)   the English Channel    and its approaches eastwards of a line drawn
fifty nautical miles to the west of a line joining the Scilly Isles and Ushant.
                                     ARTICLE 3
(1)    The Contracting Parties consider that protection against pollution of the
kind   referred   to in Article 1 of this Agreement is a matter which calls for
active co-operation between them.
(2)    The Contracting Parties shall jointly develop and establish guidelines for
the practical, operational and technical aspects of joint action.
                                     ARTICLE 4
Contracting Parties undertake to inform the other Contracting Parties about:
        (a)  their national organisation for dealing with pollution of the kind
 referred to in Article 1 of this Agreement;
        (b)   the  competent  authority responsible for receiving and dispatching
 reports of such pollution and for dealing with questions concerning measures of
 mutual assistance between Contracting Parties;
        (c)   their national means for avoiding or dealing with such pollution,
 which might be made available for international assistance;
        (d)   new ways in which   such pollution may   be avoided  and  about  new
 effective measures to deal with it;
 ---pagebreak---                                       - 3 -
      (e)   major pollution incidents of this kind dealt with.                      \
                                                                                i
                                    ARTICLE 5
                                                                                I
(1)   Whenever a Contracting Party is aware of a casualty or the presence of oil
or other harmful substances in the North Sea area likely to constitute a serious    j
threat to the coast or related interests of any other Contracting Party,      it
shall inform that Party without delay through its competent authority.
                                                                                i
                                                                                }
(2)   The Contracting Parties undertake to request    the masters  of all ships
flying  their  flags  and pilots   of aircraft registered in their countries to
report without delay through the channels which may be most     practicable  and
adequate in the circumstances:                                                    l
                                                                                i
      (a)   all casualties causing or likely to cause pollution of the sea;          \
                                                                                *
                                                                                J
      (b)   the presence, nature and extent of oil or other harmful substances
likely to constitute a serious threat to the coast or related interests of one
or more Contracting Parties.                                                      \
                                                                                \
                                                                                \
(3)   The Contracting Parties shall establish a standard form for the reporting
of pollution as required under paragraph 1 of this Article.                          j
                                                                                J■i
                                                                                i
                                    ARTICLE 6                                      |
(1)   For the sole purpose of this Agreement the North Sea area is divided into
                                                                                ■2
the zones described in the Annex to this Agreement.                                 \
(2)   The Contracting Party within whose zone a situation of the kind described
in Article  1 of this    Agreement occurs,shall make the necessary assessments of   j
the nature and extent    of any casualty or, as the case may be, of the type and
approximate quantity    of oil or other harmful substances and the direction and
speed of movement thereof.                                                          f
(3)   The  Contracting Party    concerned shall immediately inform all the other
Contracting Parties through their competent authorities of its assessments and
                                                                                \
                                                                                (
                                                                                ii
                                                                                e
 ---pagebreak---                                         - 4 -
  of any action which    it has  taken   to deal with    the  oil  or other  harmful
  substances and shall keep these substances under observation as long as they are
 present in its zone.
  (4)   The  obligations of the Contracting Parties under the provisions of this
 Article with respect to the zones of joint responsibility shall be the subject
 of   special   technical   arrangements    to be  concluded   between  the Parties
 concerned.   These arrangements shall be communicated to the other Contracting
 Parties.
                                     ARTICLE 7
 A Contracting Party     requiring  assistance    to deal with pollution     or  the
 prospective presence of pollution at sea or on its coast may call on the help of
 the other Contracting Parties.   Contracting Parties requesting assistance shall
 specify   the kind  of assistance they require.     The Contracting Parties called
upon for help in accordance with this Article shall use their best endeavours to
bring such assistance as is within their ptwer taking into account, particularly
in the case of pollution by harmful substanc \s other than oil, the technological
means available to them.
                                    ARTICLE 8
 (1)   The provisions of this Agreement shall not be interpreted as in any way
prejudicing    the  rights  and obligations    of  the Contracting Parties     under
international law,   especially in the field of the prevention and combating of
marine pollution.
(2)    In no case shall the division into zones referred to in Article 6 of this
Agreement be invoked    as a precedent    or argument    in any matter   concerning
sovereignty or jurisdiction.
                                    ARTICLE 9
(1)    In the   absence  of an agreement    concerning    the financial arrangements
governing actions of Contracting Parties to deal with pollution which might be
 ---pagebreak---                                         - 5 -
 concluded on a bilateral or multilateral basis or on the occasion of a joint
 combating    operation,  Contracting Parties    shall bear the costs of their
 respective actions in dealing with pollution in accordance with subparagraph (a)
 or subparagraph (b) below:
        (a)   if the action was    taken by one Contracting Party at the express
 request of another Contracting Party, the Contracting Party requesting      such
 assistance shall reimburse to the assisting Contracting Party the costs of its
 action;
        (b)   if the  action   was   taken   by a Contracting Party on its own
 initiative, this Contracting Party shall bear the costs of its action.
 (2)   The Contracting Party requesting assistance may cancel its request at any
 time, but in that case it shall bear the costs already incurred or committed by
the assisting Contracting Party.
                                    ARTICLE 10
Unless otherwise agreed the costs of action taken by a Contracting Party at the
request of another Contracting Party shall be calculated according to the law
and current practice in the assisting country concerning the reimbursement of
such costs by a person or entity liable.
                                    ARTICLE 11
Article 9 of this Agreement shall not be interpreted as in any way prejudicing
the rights    of Contracting Parties to recover from third parties the costs of
action to deal with pollution or the threat of pollution under other applicable
provisions and rules of national and international law.
                                    ARTICLE 12
(1)    Meetings of the Contracting Parties shall be held at regular intervals and
at any time when, due to special, circumstances, it is so decided in accordance
with the Rules of Procedure.
 ---pagebreak--- (2)    The Contracting Parties at their first meeting       shall   draw up Rules          of
Procedure and Financial Rules, which shall be adopted by unanimous vote.
(3)    The Depositary Government shall convene the first meeting of Contracting
Parties as soon as possible after the entry into force of this Agreement.
                                     ARTICLE 13
Within the areas of its competence, the European Economic Community is entitled
to a number of votes     equal  to the number     of   its Member    States which         are
Contracting Parties to the present Agreement.        The European Economic Community
shall not exercise its right to vote in cases where its Member States exercise
 theirs and conversely.
                                     ARTICLE 14
 It shall be the duty of meetings of the Contracting Parties:
        (a)   to exercise   overall   supervision over the implementation of this
 Agreement;
        (b)   to   review the  effectiveness    of   the measures     taken under        this
 Agreement;
        (c)    to carry  out  such other    functions as may be necessary under the
  terms of this Agreement.
                                      ARTICLE 15
  (1)    The Contracting Parties   shall make    provision    for  the    performance        of
  secretariat duties in relation to this Agreement,       taking into account existing
  arrangements    in the  framework of    other  international     ag r e e m e n t s on   the
  prevention of marine pollution in force for the same region as this Agreement.
   (2)   Each Contracting Party     shall  contribute      2.5%   towards        the  annu a l
 ---pagebreak---                                          - 7 -
expenditure of the Agreement.      The balance of the Agreement';·' expenditure shall
be divided among Contracting Parties other than the EEC in proportion to their
Gross National Product in accordance with         the scale of assessment     adopted
regularly by     the United Nations General Assembly.          In no case shall the
contribution of a Contracting Party to this balance exceed 20% of the balance.
                                      ARTICLE 16
(1)    Without prejudice      to Article  17 of   this Agreement,   a proposal by a
Contracting Party      for   the amendment of this Agreement or its Annex shall be
considered at a meeting of the Contracting Parties.        Following adoption of the
proposal by unanimous vote the amendment shall be communicated by the Depositary
Government to the Contracting Parties.
 (2)    Such an amendment shall enter into force on the first day of the second
month following     the date on which     the Depositary Government has       received
 notifications of approval from all Contracting Parties.
                                      ARTICLE 17
 (1)    Two or more Contracting Parties may modify the common boundaries of their
 zones described in the Annex to this Agreement.
  (2)   Such a modification shall enter into force for all Contracting Parties on
 the first day of the sixth month following the date of its communication by the
 Depositary Government unless, within a period of three months following that
 communication, a Contracting Party has expressed an objection or has requested
 consultation on the matter.
                                       ARTICLE 18
  (1)   This Agreement     shall  be open for signature by the Governments of the
  States invited to participate in the Conference on dealing with pollution, held
  at Bonn from            to             , and by the European Economic Community.
  (2)    These States and the European Economic Community may become        parties  to
  this Agreement     either   by signature without reservation as to ratification,
 ---pagebreak---                                         - 8 -
acceptance or _-:ppro\ .1 or by signature subject to ratification, acceptance  or
approval followed by     atification, acceptance or approval.
(3)   Instruments of ratification, acceptance or approval      shall be deposited
with the Government of the Federal Republic of Germany.
                                     ARTICLE 19
(1)   This Agreement shall enter into force on the first day of the second month
following the date on which the Governments      of  all  the States mentioned in
Article 18 of this Agreement and the European Economic Community have signed the
Agreement without reservation as to ratification, acceptance or approval or have
deposited an instrument of ratification, acceptance or approval.
(2)   Upon the entry into force of this Agreement the Agreement for Co-operation
in dealing with Pollution of the North Sei by Oil, done at Bonn on 9 June 1969,
shall cease to be in force.
                                     ARTICLE 20
(1)   The Contracting Parties may unanimously invite any other coastal State of
the North East Atlantic area to accede to this Agreement.
(2)   In such a case Article 2 of this Agreement and its Annex shall be amended
as necesssary.   The amendments shall be adopted by unanimous vote at a meeting
of the Contracting Parties and shall take effect upon the entry into force of
this Agreement for the acceding State.
                                     ARTICLE 21
(1)   For each State acceding to this Agreement, the Agreement shall enter into
force on the first day of the second month following the date of deposit by such
State of its instrument of accession.
(2)   Instruments    of accession shall be deposited with the Government of the
Federal Republic of Germany.
 ---pagebreak---                                    ARTICLE 22
(1)   After this Agreement has been in force for five years it may be denounced
by any Contracting Party.
(2)   Denunciation shall be effected by a notification in writing addressed to
the Depositary Government which shall notify all the other Contracting Parties
of any denunciation received and of the date of its receipt.
(3)   A denunciation   shall  take effect   one year after   its  receipt by the
Depositary Government.
                                   ARTICLE 23
The Depositary Government    shall  inform the Contracting Parties     and those
referred to in Article 18 of this Agreement of:
      (a)   any signature of this Agreement;
      (b)   the deposit of any instrument of ratification, acceptance, approval
or accession and of the receipt of any notice of denunciation;
      (c)   the date of entry into force of this Agreement;
      (d)   the receipt of any notification of approval relating to amendments
to this Agreement    or  its Annex and of the date of entry into force of such
amendments.
                                   ARTICLE 24
The original of this Agreement, of which the English, French and German texts
are equally   authentic,  shall be deposited with the Government of the Federal
Republic  of Germany,   which   shall  send  certified  copies   thereof  to the
Contracting    Parties   and  which   shall   transmit a certified   copy to the
Secretary-General of the United Nations for registration and publication in
 ---pagebreak---                                      -  10 -
accordance with Article 102 of the Charter of the United Nations.
      In witness whereof ........................................
      Done at            ........................................
 ---pagebreak---                                                               ANNEX
      Description of the zones referred to in Article 6 of this Agreement
          The zones, with the exception of the zones of joint responsibility, are
limited by lines joining the following points:
D e n m a rk                                                        N o rw a y
 55°03'00",0          N       8° 22 CIO" ,0     E                   61°00'00",0 N            4°30'00" 0  E
 55°10'00",0          N        7°30 00" ,0      E                   61°00100",0 N            2°00'00" ,0 E
55°10'00",0           N        2°15 00" ,0      E                   57°00'00",0 N            1°30'00" ,0 E
57°00100",0           N        1°30 00" ,0      E                   57°00'00",0 N            2°25'04" ,6 E
57°00'00",0           N        2°25 04" ,6      E                   56°35'42",0 N            2°36'48" ,0 E
56°35'42",0           N        2°36 48" ,0      E                   56°05'12",0 N            3°15'00" ,0 E
56°05112",0           N        3°15 00" ,0      E                   56°35'30",0 N            5°02'00" 0  E
56°35'30",0           N       5°02 00" ,0       E                   57°10'30",0 N            6°56!12" ,0 E
57°10'30",0           N       6°56 12" ,0       E                   57°29154",0 N            7°59'00" ,0 E
57°29'54”,0           N       7°59 00" ,0       E                   57°37'06",0 N            8°27'30" ,0 E
57°37'06",0           N       8°27 30" ,0       E                   57°41'48",0 N            8°53'18" 0  E
57°41'48",0           N       8°53'18" ,0       E                   57°59'18",0 N            9°23'00" ,0 E
57°59'18",0           N       9°23 00" 0        E                   58°15'41",2 N           10°01'48"    E
58°15'41",2           N     10°01 48" 1         E                   58°10'00",0 N           10°00'00" ,0 E
58°10'00",0           N     10°00 00" 0         N                   58°54,00",0 N           10°43'00" 0  E
57°48'00",0           N     10°57 00" 0         E                   To be continued along the
57°44'48",0           N     10°38 00" 0         E                   Norwegian-Swedish border
F e d e r a l R e p u b lic o f G erm any                           Sweden
53°34'        N             6°381     E                             5 7 °5 4 ' N            11°28' E
54°00'        N             5°30'     E                             57°48' N                10°57' E
54°00 '       N             2°40 '    E                             58°10' N                10°00'  E
55°10'        N             2°15 '    E                             58°54' N                10°43' E
55°101        N             7°30'     E                             To be continued along the
55°03 '       N             8°22'     E                             Norwegian-Swedish border
N e t h e r la n d s                                                U n it e d K in g d o m
51°32'        N             3°18 '    E                             61°00'     N            0°50'  W
51°32'        N             2°061     E                             61°001     N            2°00'  E
52°30'        N             3°10 '    E                             57°00'     N            1°30'  E
54°00'        N             2°401     E                             52°30'     N            3°10'  E
54°00'        N             5°301     E                             51°32'     N            2°06’  E
53°34'        N             6°38 '    E
The zones of joint responsibility are as follows:
(1)        B e lg iu m , F r a n c e a n d U n it e d K in g d o m
            Sea area between parallels 51*32' N and 51°06' N.
(2)       F r a n c e and. U n i t e d K in g d o m
             The English Channel south-west of parallel 510□6' N to a line drawn
            between the points 49°52' N 07°44' W and 48°27' N 06°25' W.
(3)       D e n m a rk a n d Sw eden
            Sea area between the lines in Skagerrak joining the points
            57°54' N            11°28' E
            57°44',8 N 10°38' E
            57°44',8 N 11°281 E