Important legal notice

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52007PC0277

Recommendation for a Council Decision concerning the accession of Bulgaria and Romania to the Convention of 26 July 1995, drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests, the Protocol of 27 September 1996, drawn up on the basis of Article K.3 of the Treaty on European Union, to the Convention on the protection of the European Communities' financial interests, the Protocol of 29 November 1996, drawn up on the basis of Article K.3 of the Treaty on European Union, the Protocol on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests and the Second Protocol of 19 June 1997, drawn up on the basis of Article K.3 of the Treaty on European Union, to the Convention on the protection of the European Communities' financial interests  /* COM/2007/0277 final - CNS 2007/0100 */

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 6.6.2007COM(2007) 277 final2007/0100 (CNS)Recommendation for aCOUNCIL DECISIONconcerning the accession of Bulgaria and Romania to the Convention of 26 July 1995, drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests, the Protocol of 27 September 1996, drawn up on the basis of Article K.3 of the Treaty on European Union, to the Convention on the protection of the European Communities' financial interests, the Protocol of 29 November 1996, drawn up on the basis of Article K.3 of the Treaty on European Union, the Protocol on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests and the Second Protocol of 19 June 1997, drawn up on the basis of Article K.3 of the Treaty on European Union, to the Convention on the protection of the European Communities' financial interests(presented by the Commission)EXPLANATORY MEMORANDUMThe 2005 Act of accession of Bulgaria and Romania[1] has introduced a simplified system for the accession of Bulgaria and Romania to the conventions (and protocols) concluded by the Member States on the basis of Art. 34 TEU (previously Art. K.3 TEU) or Art. 293 TEC. It is indeed not anymore necessary, as in the past, to negotiate and conclude specific accession protocols to these conventions (which would have implied ratification by 27 States): Article 3(3) of the Act provides simply that Bulgaria and Romania accede to these conventions and protocols by virtue of the Act of Accession.Article 3(3) and 3(4) of the Act of Accession provide that, to that effect, the Council shall adopt a decision in order to determine the date on which these conventions shall enter into force for Bulgaria and Romania and to make all the necessary adjustments to these conventions required by reason of the accession of the two new Member States (which would include, in any event, the adoption of the conventions in the Bulgarian and Romanian languages, so that these versions can be "equally authentic"). The Council shall act on a recommendation of the Commission, after consulting the European Parliament.Annex I to the Act of Accession gives the list of the seven conventions and protocols concerned in the Justice and Home Affairs area. The list includes the Convention on the protection of the European Communities' financial interests of 26.7.1995,[2] its Protocols of 27.9.1996,[3] of 29.11.1996[4] and the 2nd Protocol of 19.6.1997,[5] all adopted under Title VI EU Treaty, set out to establish a common base for the criminal-law protection of the EC’s financial interests. The Convention and its Protocols of 27.9.1996 and of 29.11.1996 entered into force on 17 October 2002 following ratification by the then 15 Member States. Ratification of the 2nd Protocol is still awaited by Italy.There is no need for this Commission Recommendation to make the adjustments required by reason of the accession of Bulgaria and Romania to the aforementioned Convention and its Protocols, in accordance with Article 3(4) of the Act of Accession.In view of the foregoing the Commission recommends that the Council takes a decision concerning the accession of Bulgaria and Romania to the Convention on the protection of the European Communities' financial interests and its Protocols.2007/0100 (CNS)Recommendation for aCOUNCIL DECISIONconcerning the accession of Bulgaria and Romania to the Convention of 26 July 1995, drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests, the Protocol of 27 September 1996, drawn up on the basis of Article K.3 of the Treaty on European Union, to the Convention on the protection of the European Communities' financial interests, the Protocol of 29 November 1996, drawn up on the basis of Article K.3 of the Treaty on European Union, the Protocol on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests and the Second Protocol of 19 June 1997, drawn up on the basis of Article K.3 of the Treaty on European Union, to the Convention on the protection of the European Communities' financial interestsTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union,Having regard to the Act of accession of Bulgaria and Romania, and in particular Article 3 (4) thereof,Having regard to the recommendation from the Commission[6],Having regard to the opinion of the European Parliament[7],Whereas:(1) The Convention on the protection of the European Communities' financial interests[8], signed on 26 July 1995 and drawn up on the basis of Article K.3 of the Treaty on European Union, (hereinafter referred to as “the Convention on the protection of the European Communities' financial interests”). The Convention on the protection of the European Communities' financial interests entered into force on 17 October 2002.(2) The Convention on the protection of the European Communities' financial interests was complemented by the Protocol of 27 September 1996, drawn up on the basis of Article K.3 of the Treaty on European Union, to the Convention on the protection of the European Communities' financial interests[9] (hereinafter referred to as “the Protocol of 27 September 1996”) and the Protocol of 29 November 1996, drawn up on the basis of Article K.3 of the Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests[10] (hereinafter referred to as “the Protocol of 29 November 1996”), which both entered into force on 17 October 2002.(3) The Convention on the protection of the European Communities' financial interests was further complemented by the Second Protocol of 19 June 1997, drawn up on the basis of Article K.3 of the Treaty on European Union, to the Convention on the protection of the European Communities' financial interests[11] (hereinafter referred to as “the Second Protocol of 19 June 1997”) which has not yet entered into force.(4) Article 3 (3) of the Act of Accession provides that Bulgaria and Romania accede to the conventions and protocols concluded between the Member States, listed in Annex I to the Act of Accession, which comprises, inter alia, the Convention on the protection of the European Communities' financial interests, the Protocol of 27 September 1996, the Protocol of 29 November 1996 and the Second Protocol of 19 June 1997. They are to enter into force in relation to Bulgaria and Romania on the date determined by the Council,HAS DECIDED AS FOLLOWS:Article 1The texts of the Convention on the protection of the European Communities' financial interests, the Protocol of 27 September 1996, the Protocol of 29 November 1996 and the Second Protocol of 19 June 1997, drawn up in the Bulgarian and Romanian languages and annexed to this Decision, shall be authentic.Article 21. The Convention on the protection of the European Communities' financial interests, the Protocol of 27 September 1996 and the Protocol of 29 November 1996 shall enter into force in relation to between Bulgaria and Romania on the first day of the first month following the date of adoption of this Decision, unless they have already come into force for Bulgaria or Romania before that date.2. The Second Protocol of 19 June 1997 shall enter into force in relation to Bulgaria and Romania on the same date when that Protocol enters into force with regard to the last State, which was a member of the European Union at the date of the adoption by the Council of the act drawing up that Protocol[12].Article 3This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union .Done at Brussels,For the CouncilThe PresidentANNEX 1Text of the Convention of 26 July 1995, drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests in the Bulgarian and Romanian languagesANNEX 2Text of the Protocol of 27 September 1996, drawn up on the basis of Article K.3 of the Treaty on European Union, to the Convention on the protection of the European Communities' financial interests in the Bulgarian and Romanian languagesANNEX 3Text of the Protocol of 29 November 1996, drawn up on the basis of Article K.3 of the Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests in the Bulgarian and Romanian languagesANNEX 4Text of the Second Protocol of 19 June 1997, drawn up on the basis of Article K.3 of the Treaty on European Union, to the Convention on the protection of the European Communities' financial interests in the Bulgarian and Romanian languages[pic][pic][pic][pic][pic][pic][pic][pic][pic][1] OJ L 157, 21.6.2005, p. 203.[2] Convention on the protection of the European Communities' financial interests, OJ C 316, 27.11.1995, p. 49.[3] Protocol to the Convention on the protection of the European Communities' financial interests, OJ C 313, 23.10.1996, p. 2.[4] Protocol on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests, OJ C 151, 20.5.1997, p. 2.[5] Second Protocol to the Convention on the protection of the European Communities' financial interests, OJ C 221, 19.7.1997, p. 12.[6] OJ C […], […], p. […].[7] OJ C […], […], p. […].[8] OJ C 316, 27.11.1995, p. 49[9] OJ C 313, 23.10.1996, p. 2.[10] OJ C 151, 20.5.1997, p. 2.[11] OJ C 221, 19.7.1997, p. 12.[12] Council Act of 19 June 1997 drawing up the Second Protocol of the Convention on the protection of the European Communities' financial interests, OJ C 221, 19.7.1997, p. 11.


title: RECOMMENDATION FOR A COUNCIL DECISION ( EEC ) ON THE CONCLUSION OF A PROTOCOL ON FINANCIAL AND TECHNICAL COOPERATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF CYPRUS

text:
5. 3. 90                             Official Journal of the European Communities                                       No C 53/47
         Recommendation for a Council Decision (EEC) on the conclusion of a Protocol on financial and
         technical cooperation between the European Economic Community and the Republic of Cyprus
                                                      COM(89) 431 final
                                  (Submitted by the Commission on 12 October 1989)
                                                         (90/C 53/04)
         THE COUNCIL OF THE EUROPEAN COMMUNITIES,
         Having regard to the Treaty establishing the European Economic Community, and in particular
         Article 238 thereof,
         Having regard to the recommendation from the Commission,
         Having regard to the assent of the European Parliament,
         Whereas the Protocol of financial and technical cooperation between the European Economic
         Community and the Republic of Cyprus should be approved,
         HAS DECIDED AS FOLLOWS:
                                                           Article 1
         The Protocol on financial and technical cooperation between the European Economic Community
         and the Republic of Cyprus is hereby approved on behalf of the Community.
         The text of the Protocol is attached to this Decision.
                                                           Article 2
         The President of the Council shall give the notification provided for in Article 21 of the Protocol (1).
                                                           Article 3
         This Decision shall enter into force on the day following that of its publication in the Official
         Journal of the European Communities.
         (!) The date of the entry into force of the Protocol will be published in the Official Journal of the European
             Communities by the General Secretariat of the Council.
                                                         PROTOCOL
               on financial and technical cooperation between the European Economic Community
                                                 and the Republic of Cyprus
         THE COUNCIL OF THE EUROPEAN COMMUNITIES,
         of the one part, and
         THE GOVERNMENT OF THE REPUBLIC OF CYPRUS,
         of the other part,
         ANXIOUS to promote the development of the Cypriot economy and the objectives of the Agreement
         establishing an Association between the European Economic Community and the Republic of Cyprus;
 ---pagebreak---  No C 53/48                                Official Journal of the European Communities                                       5. 3. 90
               MINDFUL of the declaration of the European Economic Community concerning a third Financial Protocol
               contained in the Final Act annexed to the Protocol laying down the conditions and procedures for the
               implementation of the second stage of the Agreement establishing an Association between the European
               Economic Community and the Republic of Cyprus and adapting certain provisions of the Agreement and taking
               into account the newly established relationship between the Community and Cyprus as it results from the said
               Protocol;
               HAVE DECIDED to conclude this Protocol and to this end have designated as their Plenipotentiaries:
               THE COUNCIL OF THE EUROPEAN COMMUNITIES
               THE GOVERNMENT OF THE REPUBLIC OF CYPRUS
               WHO, having exchanged their full powers, found in a good and due form,
HAVE AGREED AS FOLLOWS:                                                  projects and to assist such undertakings in their starting-up
                                                                         period.
                            Article 1
                                                                         It shall be granted and administered by the Bank and may
                                                                         take the form of:
Within the framework of the financial and technical
cooperation provided for in the Agreement establishing an
                                                                         (a) subordinated loans, where repayment and payment of
Association between the European Economic Community
                                                                             any interest will not be made until other bank claims
and the Republic of Cyprus, the Community shall
                                                                             have been settled;
participate on the terms set out in this Protocol in the
financing of projects intended to contribute to the
economic and social development of Cyprus with special                   (b) conditional loans, where repayment or duration will
emphasis on the productive sectors of Cyprus' economy,                       depend on the fulfilment of conditions specified at the
thus facilitating their adjustment to the new competitive                    time when the loan is granted;
conditions.
                                                                         (c) acquisition of temporary minority holdings on behalf of
                                                                             the Community in the capital of undertakings es-
                            Article 2                                        tablished in Cyprus;
1. For the purposes specified in Article 1, and for a period             (d) finance for the acquisition of holdings, in the form of
expiring on 31 December 1993, an aggregate amount of                         conditional loans granted to Cyprus or, with the
ECU 62 million may be committed as follows:                                  Cypriot Government's agreement, to Cypriot undertak-
                                                                             ings, either directly or through the intermediary of
(a) ECU 44 million in the form of loans from the European                    Cypriot financial institutions.
    Investment Bank, hereinafter referred to as 'the Bank',
    made from its own resources;
(b)ECU 13 million from the Community's budgetary                                                   Article 3
    resources, in the form of grants;
(c) ECU 5 million from the Community's budgetary                         1. The total amount fixed in Article 2 shall be used
    resources, in the form of contributions to risk capital              primarily for the financing or part-financing of cooperation
    formation.                                                           projects or operations aimed at strengthening the economic
                                                                         links between the Community and Cyprus in their mutual
2. The loans referred to in point (a) of paragraph 1 shall               interest by developing cooperation in the fields of industry,
carry a 1,5 % interest rate subsidy financed by means of the             agriculture, training and research, technology, commerce
funds referred to in point (b) of paragraph 1.                           and other services in order to restructure and modernize the
                                                                         Cypriot economy and to increase its competitiveness.
3. The risk capital referred to in point (c) of paragraph 1              Economic infrastructure and capital projects which are
shall contribute to the cooperation objectives and oper-                 complementary to the above operations may also be
ations defined in Article 3, in particular those indicated in            financed.
the first indent of paragraph 2 of that Article.
                                                                         2. Priority shall be given to those of the eligible projects
It shall be used primarily to make equity capital or the like            and operations having the following aims:
available to Cypriot private undertakings, public undertak-
ings and undertakings with State participation, preferably
those with which natural or legal persons who are nationals              — in the industrial, agricultural and service sectors,
of a Community Member State are associated. It may be                        promotion of joint ventures between firms from the
used under the same conditions to finance specific studies                   Community Member States and Cypriot firms, direct
for the preparation and development of such undertakings'                    contacts, exchange of information, promotion of
 ---pagebreak---  5. 3. 90                                 Official Journal of the European Communities                                No C 53/49
     investment and private-sector capital flows, and                interest rate shall be determined in accordance with the
     support for small and medium-sized enterprises,                 Bank's practice at the time of signature of each loan
     including craft businesses, in order to promote employ-         contract, subject to the interest rate subsidy referred to in
     ment,                                                           Article 2 (2).
 — in the field of science and technology, expansion of              2. The terms and arrangements for contributions to risk
     Cypriot training and research capability and the                capital formation shall be determined on a case-by-case
     establishment or development of links between Cypriot           basis.
     and European private and public sector training and
                                                                     3. Aid from the Community's budget resources, other
     research institutions,
                                                                     than that intended for interest rate subsidies for loans from
                                                                     the Bank of that intended for risk capital operations shall
 — in the trade sector, diversification and promotion of             be granted and administered by the Commission.
     exports and organization of contacts between Cypriot
     firms and firms from the Community Member States,               4. The funds referred to in Article 2 may be granted
                                                                    through the intermediary of the State or appopriate Cypriot
 — in the priority areas referred to above, practical training       bodies, on condition that they allocate the amounts to the
     schemes linked to projects or operations in firms and          recipients on terms decided, by agreement with the
     research institutions.                                          Community, on the basis of the economic and financial
                                                                    characteristics of the projects and operations for which
 3. The Community's financial contributions shall be used           they are intended.
 to cover internal and external costs necessarily incurred in
 carrying out approved projects or schemes (including costs                                    Article 7
in respect of studies, consultants and technical assistance).
                                                                    Aid contributed by the Community for the execution of
They may not be used to cover current administrative,               certain projects may, with the agreement of Cyprus take the
 maintenance or operational expenditure.                            form of cofinancing in which, in particular, credit and
                                                                    development bodies and institutions of Cyprus, of Member
                                                                    States or of third States or international finance organiza-
                            Article 4                               tions would take part.
 1. Capital projects shall be eligible for financing either by                                Article 8
loans from the Bank, combined with interest rate subsidies
on the terms set out in Article 2 (2), or by risk capital, or by    The following shall be eligible for financial and technical
grants, or by a combination of these means.                         cooperation:
2. Technical and economic cooperation shall normally be             (a)in general:
financed by grants.
                                                                    — the State of Cyprus;
                                                                    (b) with the agreement of the Cypriot Government, for
                            Article 5                                   projects or operations approved by it:
                                                                        — official Cypriot development agencies,
 1. The amounts to be committed each year shall be as far
as possible distributed throughout the period of application            — private agencies working in Cyprus for economic
of this Protocol.                                                           and social development,
2. Any funds not committed at the end of the period                     — undertakings carrying on their activities in accord-
referred to in Article 2(1) shall be used until exhausted in                ance with industrial and business management
accordance with the arrangements laid down in this                          methods and set up as legal persons within the
Protocol.                                                                   meaning of Article 12,
                                                                        — groups of producers who are nationals of Cyprus
                                                                            and, exceptionally, where no such groups exist, the
                            Article 6                                       producers themselves,
                                                                        — scholarship holders and trainees sent by Cyprus and
1. Loans granted by the Bank from its own resources shall                   the training schemes referred to in Article 3.
be made in accordance with the arrangements, conditions
and procedures laid down in its statute. They shall, as
regards their duration, be subject to terms established on                                    Article 9
the basis of the economic and financial characteristics of
the projects for which these loans are intended, also taking        1. With a view to making optimum use of the instruments
into account the conditions obtaining on the capital                and means provided for in this Protocol and achieving the
markets on which the Bank procures its resources. The               objectives laid down in Article 3, the Community and
 ---pagebreak--- No C 53/50                               Official Journal of the European Communities                                     5. 3. 90
Cyprus shall, by mutual agreement on the basis of                   other procedures for the award of contracts likely to be
information provided by Cyprus draw up an indicative                financed. Any such legal person formed in accordance with
programme committing both parties and determining the               the law of a Member State of the European Economic
specific objectives of financial and technical cooperation,         Community or of Cyprus must have its registered office, its
the priority sectors for intervention and the action                administrative head office or its principal establishment in
programmes envisaged by reference to the priorities set out         the territories in which the EEC Treaty is applied or in
in Cyprus's development plan.                                       Cyprus; however, where only its registered office is in the
                                                                    said territories or in Cyprus the activities of such legal
2. The indicative programme may be reviewed by mutual               person must be effectively and continuously linked with the
agreement to take account of any changes in Cyprus's                economy of those territories or of Cyprus.
economic situation or in the objectives and priorities laid
down by its development plan.                                       2. In agreement with Cyprus, natural and legal persons
                                                                    who are nationals of developing countries associated with
3. The Community and Cyprus shall continue their                    the Community by comprehensive cooperation or associ-
exchanges of views within the appropriate bodies and shall,         ation agreements may exceptionally, on a case-by-case
at least once during the period of implementation of this           basis, be authorized by the Community to participate in the
Protocol and at the latest before the end of the third year         operations referred to in paragraph 1 which are financed by
following its entry into force, make an assessment of the           the Community. The eligibility of such natural or legal
implementation of the indicative programme.                         persons shall be assessed, mutatis mutandis, on the terms
                                                                    set out in paragraph 1.
                          Article 10
                                                                                Article 13
1. Within the framework laid down in accordance with
Article 9, the State of Cyprus or, with the agreement of its
Government, the other possible beneficiaries referred to in        To promote participation by Cypriot undertakings in the
Article 8, shall submit their requests for financial aid to the    performance of contracts and to ensure the rapid and
Community.                                                         effective implementation of projects and operations
                                                                   financed from resources administered by the Commission:
2. The Community shall appraise the requests for
financing in collaboration with the competent Cypriot
                                                                    (a) an accelerated procedure for issuing invitations to
authorities and other beneficiaries, in accordance with the
                                                                        tender involving shorter time limits for the submission
objectives referred to in Article 9, and shall inform them of
                                                                        of tenders, may be used by Cyprus in agreement with the
the decisions taken on such requests.
                                                                        Commission for works contracts which, because of
                                                                        their scale, are mainly of interest to Cypriot undertak-
                                                                        ings.
                          Article 11
                                                                        The organization of this accelerated procedure shall not
1. The execution, management and maintenance of                         rule out the possibility of issuing an international
schemes that are the subject of financing under this                    invitation to tender where it appears that the nature of
Protocol shall be the responsibility of Cyprus or of the                the works to be carried out or the usefulness of widening
other beneficiaries referred to in Article 8.                           participation justifies recourse to international competi-
                                                                        tion;
The Community shall make sure that this financial aid is
expended in accordance with the agreed allocations and to
the best economic advantage.                                        (b) in urgent cases or where the nature, small scale or
                                                                        particular characteristics of certain works or supplies so
2. The projects and action programmes shall be the                      warrant, Cyprus may exceptionally, in agreement with
                                                                        the Commission, authorize the placing of contracts
subject of appropriate evaluation, the outcome of which
                                                                        following restricted invitations to tender, the conclusion
shall be communicated to both parties, which shall take
                                                                        of contracts by direct agreement and the performance of
appropriate measures by mutual agreement.
                                                                        contracts through public works departments.
3. Certain rules for administering the financial aid
granted by the Community shall be the subject of an                The procedures referred to in points 1 and 2 may be used
exchange of letters or a framework agreement between the           for operations with an estimated cost of less than ECU 3
Commission and Cyprus upon conclusion of this Protocol.            million.
                          Article 12                                                           Article 14
1. All natural and legal persons falling within the scope of
the Treaty establishing the European Economic Com-                  1. Cyprus shall apply to contracts awarded for the
munity and all natural and legal persons of Cyprus may             execution of projects or schemes financed by the Com-
participate on equal terms in tendering procedures and             munity fiscal and customs arrangements no less favourable
 ---pagebreak--- 5. 3. 90                                Official Journal of the European Communities                               No C 53/51
than those applied vis-a-vis the most favoured State or the                                 Article 18
most favoured international organization.
                                                                   The results of financial and technical cooperation may be
2. The content of arrangements referred to in paragraph            examined within the Association Council which shall
1 shall be established by means of an exchange of letters          establish, where appropriate, the general guidelines for
between the Parties.                                               such cooperation.
                          Article 15
                                                                                Article 19
Cyprus shall take the necessary measures to ensure that
interest and all other payments due to the Bank in respect of      One year before the expiry of this Protocol, the Contracting
transactions concluded under this Protocol are exempted            Parties shall examine what arrangements could be made for
from any national or local tax or levy.                            financial and technical cooperation during a possible
                                                                   further period.
                          Article 16
                                                                                Article 20
Where, as foreseen in Article 8 above, a loan is accorded
with the agreement of the Cyprus Government to a                   This Protocol shall be annexed to the Agreement
beneficiary other than the State, the provision for a              establishing an Association between the European Econ-
guarantee by the latter or other adequate guarantee shall be       omic Community and the Republic of Cyprus.
required by the Bank as a condition of the grant of the loan.
                          Article 17                                                        Article 21
Throughout the duration of the loans and risk capital              1. This Protocol shall be subject to approval in concor-
operations provided for in Article 2, Cyprus shall                 dance with the Contracting Parties' own procedures; the
undertake to:                                                      Contracting Parties shall notify each other that the
                                                                   procedures necessary to this end have been completed.
 (a) place at the disposal of the beneficiaries or of their
     guarantors the currency necessary for the payment of          2. This Protocol shall enter into force on the first day of
     interest and commission and amortization of loans and         the second month following the date on which the
     risk capital aid granted for the implementation of            notifications provided for in paragraph 1 have been given.
     operations on its territory;
 (b) make available to the Bank the foreign currency                                        Article 22
     necessary for the transfer of all sums received by it in
     national currency which represent the net revenue and         This Protocol is drawn in two original copies in the Danish,
     proceeds from transactions involving the acquisition by       Dutch, English, French, German, Greek, Italian, Por-
     the Community of holdings in the capital of companies         tuguese and Spanish languages, each of these texts being
     or firms.                                                     equally authentic.


				|

		52012PC0389

			Recommendation for a COUNCIL DECISION authorising the opening of negotiations for the adaptation of agreements (referred to in the attached Annex) signed or concluded between the European Union, or the European Union and its Member States, with one or more third countries or international organisations, in view of the accession of the Republic of Croatia to the European Union /* COM/2012/0389 final - 2012/0189 (NLE) */

			   	EXPLANATORY MEMORANDUM
1.           The Treaty concerning the
accession of the Republic of Croatia to the European Union[1] was signed on 9 December 2011.
2.           In accordance with Article
6 of the Act of Accession concerning the conditions of accession of the Republic of Croatia, Croatia has undertaken to accede to the agreements concluded or signed by
the present Member States and the Union with one or more third countries or
with an international organisation. Pursuant to this same provision, the accession
of Croatia to such agreements shall be agreed by the conclusion of a protocol
to such agreements between the Council, acting unanimously on behalf of the
Member States, and the third country or countries or international organisation
concerned. These protocols[2] are to be negotiated by the Commission on
the basis of negotiating directives approved by the Council, acting
unanimously, and in consultation with a committee comprised of the representatives
of the Member States, and concluded by the Council.
3.           For that purpose, the
Commission should submit to the Council a recommendation for the adoption of a
decision authorising the Commission to open negotiations for the adaptation of agreements
(referred to in the Annex attached to the draft Recommendation) signed or concluded
between the European Union, or the European Union and its Member States, with
one or more third countries or international organisations in view of the
accession of the Republic of Croatia to the European Union. The Commission
should be authorised to negotiate these adaptations on behalf of the European
Union and its Member States, including – subject to the entry into force of the
Treaty of Accession – the Republic of Croatia.
4.           With a view of the
accession of the Republic of Croatia to the European Union, it is also
necessary to negotiate the amendment of certain preferential agreements signed
or concluded by the European Union, or the European Union and its Member States, with one or more third countries or international organisations.
5.           Appendix 1 to the
negotiating directives, attached to the draft Council Decision, contains a
non-exhaustive list of agreements concluded by the European Union, or by the
European Union and its Member States, with third countries, which might need to
be amended in light of the accession of the Republic of Croatia to the EU.
6.           Appendix 2 to the
negotiating directives contains an indicative list of "sectoral"
agreements which might also need to be adapted in light of the accession of the
  Republic of Croatia to the EU.
7.           Appendix 3 of the
negotiating directives contains an indicative list of trade agreements
negotiated by the European Union with third countries and international
organisations which might be signed before the 1st July 2013, foreseen date of
accession of the Republic of Croatia to the European Union. Once they are
signed those agreements will need to be adapted as well, in order to take into
account the accession of the Republic of Croatia to the EU.
8.           Some of the agreements
listed in the appendices set up institutional bodies entitled to adopt
Decisions which are binding for all the contracting parties. The mandate to be
obtained from the Council will have to cover those Decisions as well.
The Commission therefore recommends to
the Council:
–
to adopt the attached Decision authorising the
opening of negotiations for the adaptation of the above mentioned agreements
signed or concluded between the European Union, or the European Union and its
Member States, with one or more third countries or international organisations,
in view of the accession of the Republic of Croatia to the European Union;
–
to issue the negotiating directives attached to
that Decision;
–
to designate a special committee in consultation
with which the negotiations must be conducted
2012/0189 (NLE)
Recommendation for a
COUNCIL DECISION
authorising the opening of negotiations
for the adaptation of agreements (referred to in the attached Annex) signed or
concluded between the European Union, or the European Union and its Member
States, with one or more third countries or international organisations, in
view of the accession of the Republic of Croatia to the European Union
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 218(3) and (4)
thereof,
Having regard to Treaty between the Kingdom
of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of
Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the
Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian
Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of
Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic
of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic
of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the
Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United
Kingdom of Great Britain and Northern Ireland (Member States of the European
Union) and the Republic of Croatia concerning the accession of the Republic of
Croatia to the European Union[3],
signed on 9 December 2011, and in particular Article 3(4) thereof,
Having regard to the Act concerning the
conditions of accession of the Republic of Croatia and the adjustments to the
Treaty on European Union, the Treaty on the Functioning of the European Union
and to the Treaty establishing the European Atomic Energy Community[4], and in particular the second
subparagraph of Article 6(2) thereof,
Having regard to the recommendation from
the European Commission,
Whereas negotiations should be opened for
the adaptation of agreements signed or concluded between the European Union, or
the European Union and its Member States, with one or more third countries or
international organisations, in view of the accession of the Republic of
Croatia to the European Union,
HAS ADOPTED THIS DECISION:
Article 1
The Commission is hereby authorised to
negotiate, on behalf of the Union, or the European Union and its Member States,
including – subject to the entry into force of the Treaty of Accession – the
Republic of Croatia, the adaptation of agreements signed or concluded between
the European Union or the European Union and its Member States with one or more
third countries or international organisations.
Article 2
The negotiating directives are set out in
the Annex. An indicative list of the agreements to be adapted is set out in the
attached Annex to these directives.
Article 3
The negotiations shall be conducted in consultation
with the [name of the special committee to be inserted by the Council].
Article 4
This Decision is addressed to the
Commission.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
ANNEX
Directives for the negotiation on behalf of
the Union, or the European Union and its Member States for the adaptation of agreements
signed or concluded between the European Union, or the European Union and its
Member States, with one or more third countries or international organisations
Appendices 1 to 3 to the present
negotiating directives contain an indicative list of the agreements to be
adapted in view of the accession of the Republic of Croatia to the European
Union.
With regard to these agreements and
possible future agreements of the same kind which enter into force before
accession, protocols should be negotiated which should provide for the
necessary adaptations, where appropriate, to take account of the accession
of a new contracting party (Croatia).
Furthermore, where existing, current
trade concessions should be reviewed in order to take account, on the one hand,
of traditional trade and, on the other, of existing concessions between third
country partners and Croatia, with a view of at least maintaining such traditional
trade.
In essence, these agreements should be
amended so as to add Croatia to the list of contracting parties and/or to adapt
the content of each agreement to take into account the accession of Croatia to the EU.
The protocols should contain a clause
specifying that the agreements are modified subject to the entry into force of
the Treaty of Accession of the Republic of Croatia to the EU, foreseen for 1
July 2013.
Negotiations should be concluded as soon
as possible in order to allow for the protocols to enter into force on the
date of, and subject to, the accession of, Croatia. In case the protocols
cannot enter into force on the date of accession, a provisional application
should be envisaged, taking into account the respective procedures in the EU
and in the third countries concerned.
APPENDIX
1 to the negotiating directives
Trade,
Association, Framework, Partnership and Cooperation Agreements
List
ordered by date
   || Official Title || Type || Date of Signature
 1 || Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (*) || Bilateral || 11/05/2012
 2 || Memorandum of Cooperation between the European Union and the International Civil Aviation Organization providing a framework for enhanced cooperation (*) || Bilateral || 29/03/2012
 3 || Free Trade Agreement between the European Union and its Member States, on the one part, and the Republic of Korea, of the other part (*) || Bilateral || 06/10/2010
 4 || Agreement amending for the second time the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000, as first amended in Luxembourg on 25 June 2005 (*) || Multilateral || 22/06/2010
 5 || Framework Agreement between the European Union and its Member States, on the one part, and the Republic of Korea, on the other part (*) || Bilateral || 10/05/2010
 6 || Framework Agreement on comprehensive Partnership and Cooperation between the European Community and its Member States, of the one part, and the Republic of Indonesia, of the other part (*) || Bilateral || 09/11/2009
 7 || Agreement between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part, amending the Agreement on Trade, Development and Cooperation (*) || Bilateral || 11/09/2009
 8 || Interim Agreement establishing a framework for an Economic Partnership Agreement between the Eastern and Southern Africa States, on the one part, and the European Community and its Member States, on the other part || Multilateral || 29/08/2009
 9 || Interim Partnership Agreement between the European Community, of the one part, and the Pacific States, of the other part || Multilateral || 30/07/2009
 10 || Interim Agreement with a view to an Economic Partnership Agreement between, the European Community and its Member States, of the other part, and the SADC EPA States, of the other part (*) || Multilateral || 04/06/2009
 11 || Interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part (*) || Bilateral || 15/01/2009
 12 || Stepping Stone Economic Partnership Agreement between Côte d'Ivoire, of the one part, and the European Community and its Member States, of the other part (*) || Bilateral || 26/11/2008
 13 || Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part (*) || Multilateral || 15/10/2008
 14 || Memorandum of Cooperation between the International Civil Aviation Organisation and the European Community regarding security audits/inspections and related matters || Bilateral || 17/09/2008
 15 || Interim Agreement on trade and trade related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part || Bilateral || 16/06/2008
 16 || Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (*) || Bilateral || 16/06/2008
 17 || Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Serbia, of the other part || Bilateral || 29/04/2008
 18 || Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Serbia, of the other part (*) || Bilateral || 29/04/2008
 19 || Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Montenegro, of the other part || Bilateral || 15/10/2007
 20 || Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part || Bilateral || 12/06/2006
 21 || Agreement amending the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 || Multilateral || 22/12/2005
 22 || Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Tajikistan, of the other part || Bilateral || 11/10/2004
 23 || Political dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Andean Community and its Member Countries (the Republic of Bolivia, Colombia, Ecuador, Peru and the Bolivarian Republic of Venezuela), of the other part (*) || Multilateral || 15/12/2003
 24 || Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama (*) || Multilateral || 15/12/2003
 25 || Agreement between the European Community and Canada on trade in wines and spirit drinks || Bilateral || 16/09/2003
 26 || Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part || Bilateral || 18/11/2002
 27 || Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part || Bilateral || 17/06/2002
 28 || Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People's Democratic Republic of Algeria, of the other part || Bilateral || 22/04/2002
 29 || Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Arab Republic of Egypt, of the other part || Bilateral || 25/06/2001
 30 || Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part || Bilateral || 09/04/2001
 31 || Partnership agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 || Multilateral || 23/06/2000
 32 || Cooperation Agreement between the European Community and the People's Republic of Bangladesh on partnership and development || Bilateral || 22/05/2000
 33 || Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part || Bilateral || 11/10/1999
 34 || Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and Turkmenistan , of the other part (*) || Bilateral || 25/05/1998
 35 || Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part || Bilateral || 08/12/1997
 36 || Cooperation Agreement between the European Community and the Republic of Yemen || Bilateral || 25/11/1997
 37 || Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part || Bilateral || 24/11/1997
 38 || Cooperation Agreement between the European Community and the Kingdom of Cambodia || Bilateral || 29/04/1997
 39 || Cooperation Agreement between the European Community and the Lao People's Democratic Republic || Bilateral || 29/04/1997
 40 || Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part || Bilateral || 24/02/1997
 41 || Agreement between the European Community, of the one part, and the Government of Denmark and the Home Government of the Faroe Islands, of the other part || Bilateral || 06/12/1996
 42 || Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Uzbekistan, of the other part || Bilateral || 21/06/1996
 43 || Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Georgia, of the other part || Bilateral || 22/04/1996
 44 || Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Armenia, of the other part || Bilateral || 22/04/1996
 45 || Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part || Bilateral || 26/02/1996
 46 || Interregional Framework Cooperation Agreement between the European Community and its Member States, of the one part, and the Southern Common Market and its Party States, of the other part - Joint Declaration on political dialogue between the European Union and Mercosur || Multilateral || 15/12/1995
 47 || Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part || Bilateral || 20/11/1995
 48 || Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part || Bilateral || 17/05/1995
 49 || Partnership and Cooperation Agreement between the European Communities and their Member States and the Republic of Belarus (*) || Bilateral || 06/03/1995
 50 || Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part || Bilateral || 09/02/1995
 51 || Partnership and cooperation agreement between the European Communities and their Member States and the Republic of Kazakhstan || Bilateral || 23/01/1995
 52 || Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Moldova, of the other part || Bilateral || 28/11/1994
 53 || Agreement on partnership and cooperation establishing a partnership between the European Communities and their Member States, of one part, and the Russian Federation, of the other part || Bilateral || 24/06/1994
 54 || Partnership and Cooperation Agreement between the European Communities and their Member States, and Ukraine || Bilateral || 14/06/1994
 55 || Cooperation Agreement between the European Community and the Republic of India on partnership and development || Bilateral || 20/12/1993
 56 || Agreement on trade and economic cooperation between the European Economic Community and Mongolia || Bilateral || 16/06/1992
 57 || Agreement in the form of an Exchange of Letters between the European Economic Community and the Principality of Andorra - Agreement between the European Economic Community and the Principality of Andorra || Multilateral || 28/06/1990
 58 || Cooperation Agreement between the European Economic Community, of the one part, and the countries parties to the Charter of the Cooperation Council for the Arab States of the Gulf (the State of the United Arab Emirates, the State of Bahrain, the Kingdom of Saudi Arabia, the Sultanate of Oman, the State of Qatar and the State of Kuwait) of the other part || Multilateral || 15/06/1988
 59 || Agreement on Trade and Economic Cooperation between the European Economic Community and People's Republic of China || Bilateral || 21/05/1985
 60 || Cooperation Agreement between the European Economic Community and Indonesia, Malaysia, the Philippines, Singapore and Thailand - member countries of the Association of South-East Asian Nations || Multilateral || 07/03/1980
 61 || Agreement between the European Economic Community (EEC) and Belgium, Denmark, the Federal Republic of Germany, France, Ireland, Italy, Luxembourg, the Netherlands, the United Kingdom, Member States of that Community (Member States), on the one hand, and the International Development Association, on the other hand || Multilateral || 02/05/1978
 62 || Cooperation Agreement between the European Economic Community and the Syrian Arab Republic || Bilateral || 18/01/1977
 63 || Agreement between the European Economic Community and the Kingdom of Norway || Bilateral || 14/5/1973
 64 || Agreement between the European Economic Community and the Republic of Iceland || Bilateral || 22/07/1972
 65 || Agreement between the European Economic Community and the Swiss Confederation || Bilateral || 22/07/1972
 66 || Agreement establishing an Association between the European Economic Community and Turkey || Bilateral || 12/09/1963
 (*) This treaty has not entered into force yet.
APPENDIX
2 to the negotiating directives
Mixed
Sectoral Agreements concluded by the EU (or formerly the European Community)
and its Member States
List
ordered by date
   || Official Title || Type || Date of Signature
 1 || Agreement between the European Union and the Government of the Republic of Indonesia on certain aspects of air services (*) || Bilateral || 29/06/2011
 2 || Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part (*) || Multilateral || 21/06/2011
 3 || Ancillary Agreement between the European Union and its Member States, of the first part, Iceland, of the second part, and the Kingdom of Norway, of the third part, on the application of the Air Transport Agreement between the United States of America, of the first part, the European Union and its Member States, of the second part, Iceland, of the third part, and the Kingdom of Norway, of the fourth part (*) || Multilateral || 21/06/2011
 4 || Euro-Mediterranean Aviation Agreement between the European Union and its Member States of the one part and the Hashemite Kingdom of Jordan, of the other part (*) || Bilateral || 15/12/2010
 5 || Common Aviation Area Agreement between the European Union and its Member States, of the one part and Georgia, of the other part (*) || Bilateral || 02/12/2010
 6 || Cooperation Agreement on Satellite Navigation between the European Union and its Member States and the Kingdom of Norway (*) || Bilateral || 22/09/2010
 7 || Protocol to amend the Air Transport Agreement between the European Community and its Member States, of the one part, and the United States of America, of the other part (*) || Bilateral || 24/06/2010
 8 || Agreement on Air Transport between Canada and the European Community and its Member States (*) || Bilateral || 17/12/2009
 9 || Agreement between the European Community and the Government of Nepal on certain aspects of air services (*) || Bilateral || 23/01/2009
 10 || Agreement between the European Community and the State of Israel on certain aspects of air services || Bilateral || 09/12/2008
 11 || Agreement between the European Community and the Government of the Republic of India on certain aspects of air services (*) || Bilateral || 28/09/2008
 12 || Agreement between the European Community and the Government of Australia on certain aspects of air services || Bilateral || 29/04/2008
 13 || Agreement between the European Community and the Hashemite Kingdom of Jordan on certain aspects of air services (*) || Bilateral || 25/02/2008
 14 || Agreement between the European Community and the United Arab Emirates on certain aspects of air services (*) || Bilateral || 30/11/2007
 15 || Air Transport Agreement between the European Community and its Member States, on the one hand, and the United States of America, on the other hand (*) || Bilateral || 30/04/2007
 16 || Agreement between the European Community and the Government of Malaysia on certain aspects of air services || Bilateral || 22/03/2007
 17 || Agreement between the European Community and the Kingdom of Morocco on certain aspects of air services (*) || Bilateral || 12/12/2006
 18 || Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and the Kingdom of Morocco (*) || Bilateral || 12/12/2006
 19 || Euro-Mediterranean Aviation Agreement between the European Community and its Member States, of the one part, and the Kingdom of Morocco, of the other part (*) || Bilateral || 12/12/2006
 20 || Cooperation agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Member States, of the one part, and the Republic of Korea, of the other part (*) || Bilateral || 09/09/2006
 21 || Agreement between the European Community and the Government of the Republic of Singapore on certain aspects of air services (*) || Bilateral || 09/06/2006
 22 || Agreement between the European Community and Ukraine on certain aspects of air services || Bilateral || 01/12/2005
 23 || Cooperation Agreement on a civil Global Navigation Satellite System (GNSS) between the European Community and its Member States and Ukraine (*) || Bilateral || 1/12/2005
 24 || Cooperation Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part, to combat fraud and any other Illegal activity to the detriment of their financial Interests (*) || Bilateral || 26/10/2004
 25 || Memorandum of Understanding bet between the European Community, the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the public of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, and the Swiss Confederation || Bilateral || 26/10/2004
 26 || Co-operation Agreement on a Civil Global Navigation Satellite System (GNSS) between the European Community and its Members and the State of Israel (*) || Bilateral || 13/7/2004
 27 || Cooperation Agreement on a Civil Global Navigation Satellite System (GNSS) - GALILEO between the European Community and its Member States and the People's Republic of China (*) || Bilateral || 30/10/2003
 28 || Agreement on maritime transport between the European Community and its Member States, of the one part, and the government of the People's Republic of China, of the other part || Bilateral || 06/12/2002
 29 || Agreement between the European Community and the Swiss Confederation on Air Transport || Bilateral || 21/06/1999
 30 || Agreement between the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of Germany, Ireland, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the European Atomic Energy Community and the International Atomic Energy Agency in implementation of Article III (1) and (4) of the Treaty on the non-proliferation of nuclear weapons || Bilateral || 05/04/1973
 (*) This treaty has not entered into force yet.
APPENDIX
3 to the negotiating directives
Agreements
not yet signed / ongoing negotiations
   || Title of the Agreement || Type of Agreement
 1 || Agreement between the European Union and its Member States and Ukraine on the establishment of a common aviation area || Bilateral
 2 || Agreement between the European Union and the Arab Republic of Egypt on certain aspects of air services || Bilateral
 3 || Agreement between the European Union and the Government of the Republic of Turkey on certain aspects of air services || Bilateral
 4 || Agreement between the European Union and the People's Republic of China on certain aspects of air services || Bilateral
 5 || Agreement establishing an Association between the European Union and its Member States, on the one hand, an Central America on the other || Multilateral
 6 || Agreement on Air Transport between the Federative Republic of Brazil, on the one side, and the European Union and its Member States, on the other side || Bilateral
 7 || Common aviation area agreement between the European Union and its Member States and the Republic of Moldova || Bilateral
 8 || Comprehensive Economic and Trade Agreement with Canada || Bilateral
 9 || Euro-Mediterranean Aviation Agreement between the European Union and its Member States, of the one part and the Government of the State of Israel, of the other part || Bilateral
 10 || Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and the Republic of the Philippines, of the other part || Bilateral
 11 || Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part || Bilateral
 12 || Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part || Bilateral
 13 || Framework Agreement on trade with Libya || Bilateral
 14 || Free Trade Agreement with India || Bilateral
 15 || Free Trade Agreement with Malaysia || Bilateral
 16 || Free Trade Agreement with MERCOSUR || Multilateral
 17 || Free Trade Agreement with Singapore || Bilateral
 18 || Interim Economic Partnership Agreement with Botswana, Lesotho, Namibia and Swaziland || Multilateral
 19 || Partnership and Cooperation Agreement with Malaysia || Bilateral
 20 || Partnership and Cooperation Agreement with Philippines || Bilateral
 21 || Partnership and Cooperation Agreement with Singapore || Bilateral
 22 || Partnership and Cooperation Agreement with Thailand || Bilateral
 23 || Partnership and Cooperation Agreement with Vietnam || Bilateral
 24 || Trade Agreement between the European Union and its Member States and Colombia and Peru || Multilateral
[1]               [Full title, OJ reference if already available at the
time]
[2]               Unless those concerning
agreement related exclusively or principally to the
common foreign and security policy.
[3]               OJ L xxx, xx.xx.xxxx, p. x.
[4]               OJ L xxx, xx.xx.xxxx, p. x.


title: RECOMMENDATION FOR A COUNCIL DECISION authorising the Commission to open negotiations with the ACP states referred to in Protocol no 3 annexed to the ACP-EEC Convention of Lomé and with the Republic of India, concerning the guaranteed price for cane sugar (submitted to the Council by the Commission) )

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 117
Vol. 1976/0038
 ---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 EUROPEÀN COMMUNITIES
                                                COM ( 76 ) 117 final , \
                                                Brussels , 26 March 1976
                                            I
                                        \ ,
                             !                                \
                  RECOMMENDATION FOR A COUNCIL DECISION
                                                      \ .
       authorising the Commission to open negotiations with
       the ACP states referred to in Protocol no 3 annexed to
       the ACP-EEC Convention of Lomé and with the Republic
       of India , concerning the guaranteed price for cane
       sugar                                                            :
              ( submitted to the Council by the Commission )
                                                           )
                       • .                    :                    -• /
                                                                            >/
                                                                        I '    \
           «
            %
C0M(76 ) 117 final
 ---pagebreak---                              Explanatory memorandum
 1 . Subjeot
      Both Protocol No 3 on AGP sugar annexed to the ACP-EEC Convention of Lome
      and the Agreement with India on cane sugar place an obligation on the
      Community to purchase , at guaranteed prices , agreed quantities of white
      or raw sugar originating in the ACP states and India. Article 5 (4 ) of
     the Protocol and of the Agreement require these prices to be negotiated
     annually within the price range obtaining in the Community , taking into
     account all relevant economic factors * The Community prices to apply
     in the sugar seotor during the 1976/77 marketing year whioh begins on
     1 July 1976 were fixed by the Council at its session on 2,3 and 4 March 1976#
     The present guaranteed prices apply until 30 June 1976® Accordingly , this
     recommendation for a decision seeks a mandate authorising the opening of
     the negotiations required by Article 5 (4 ) of the Protoool and of the
    Agreement In order to fix – at the latest by 1 May 1976 – the guaranteed
     prices to apply to the delivery period whioh begins on 1 July 1976 *
2m Financial implications
    This recommendation for a deoision , in particular the annual negotiation
     of the guaranteed prices , is the normal consequence of the annual prioe
    decisions® Prom the finanoial point of view it does not involve implica
    tions other than those already taken into consideration in the framework
    of agricultural prices (DOC. COM 75/600 final II pages 119 to 130 )«
 ---pagebreak---                 RECOICt'LEINDATj.Oil FOR A CQUaCIl DECISION
         authorising the Commission to open negotiations with
        the ACP states referred to in Protocol, n® 3 annexed to
        the ACP-EEC Convention of Lome and with the Republic of
        India, concerning the guaranteed, price for cane sxigar
THE COUÏJCIL OF THE HJROPEAfl CŒ0SUHITIE3 ,
Having regard to the Treaty establishing the European Economio Community
and in particular Article 113 thereof 3
Having regard to the reconmendation from the Commission ;
                             \
Whereas the AGP -EEC Convention of Loir,e s signed on 28 February 1975 » entered
into foroe on 1 April 1976 ( l)j
Whereas an agreement on cane sugar betv/een the European Economic Community
and the Republic of India, hereinafter referred to as "the Agreement ", signed
on 18 July 1975 » entered in fores on 18 July 1975 ( 2 )?
Whereas Article 5 (4 ) of Protocol n® 3 on AGP sugar annexed to the said
Convention , hereinafter referred to as !tthe Protocol ", and that of the Agreement
provide that the guaranteed prica for the agreed quantities of cane sugar
shall "be negotiated annuallys
DECIDES l
                                       Sole Article
1* The Commission is author:. sed to open negotiations with the AGP states
      referred to in the Protocol and with the Republic of India on the
      guaranteed price referred to in Article 5 (4 ) of the Protocol and of
      the Agreement e
 2« The Commission shall conduct these negotiations in consultation with
      representatives of the Member States and in conformity with the following
      directive %
         The guaranteed price thu3 negotiated shall apply only in respect
         of the delivery period which begins on 1 July 1976o
 Done at Brussels ,                                         For the Council
                                                            The Président
 (1 ) OJ n° L 25 of 30.1.1976
 ( 2 ) OJ n® L 190 éf 23®7»1975j P« 35