title: Recommendation for a COUNCIL DECISION authorizing the Commission to open negotiations with Bangladesh and India for the adjustment of the Agreements with those countries on trade in jute products to take account of the accession of Greece to the European Communities (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 534
Vol. 1980/0174
 ---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(80)534 final
        - .                               J
                                            Brussels , 26 September 1980
                         Recommendation for a
                           COUNCIL DECISION
authorizing the Commission to open negotiations with Bangladesh and
India for the adjustment of the Agreements with those countries on
trade in jute products to take account of the accession of Greece
                      to the European Communities            . .
            ( submitted to the Council by the Commission )
C0M(80 ) 534 final
 ---pagebreak---                              EXPLANATORY MEMORANDUM
  I.       The Community has negotiated two Agreements ( one with Bangladesh
  and one with India ) on trade in jute products . They cover the period 1 January
  1980 to 31 December 1983 and at the moment are being applied de facto pending
  completion of the conclusion procedures . The agreements provide that : ,
:       i    Bangladesh and India shall exercise voluntary restraint over their
             exports of certain jute products to the Community;
     ii      the Community shall totally suspend import duties on all jute
             products within the framework of its generalised tariff preferences ;
   iii       the Community will undertake to eliminate all quantitative restrictions
             on imports by the date of expiry of the agreements , i.e. by 1 January
             1984 . ■ :           ^          ■
  II .      These Agreements will have to be modified to take account of Greece 's
  accession to the Communities .
           Greece is a marginal producer of jute goods. Greek firms engaged in the
  jute industry have long . snce gone over to synthetic substitutes, Greece
  imports very little in the way of jute products , which are free of quantitative
  restrictions . But import duties are high - between 8% and 30% , depending
  on the product . Greece 's adoption of the acquis communautaire must not
  jeopardise the Community 's aim in negotiating with Bangladesh and India , which
  was to maintain a degree of protection against imports by means of voluntary
  restraint undertakings ) for a few more years in order to give the Community
  jute industry time to complete its conversion and adjustment programme .
           Negotiations to extend the two Agreements to cover Greece should therefore
         i  be aimed at establishing a Greek quota share in the voluntary restraint
            ceilings in force under the present Agreements and raising the Community
       .•   limits accordingly;
 ---pagebreak---                                -  2
  ii   in return the special rules for jute products under the Community
       GSP would also apply in respect of Greece ;
 iii   all other provisions of the Agreements would also apply in respect of
       Greece.
     The Council is accordingly invited to adopt the annexed recommendation
for a decision.
 ---pagebreak---                  RECOMMENDATION FOR A COUNCIL DECISION
       authorising the Commission to open negotiations with
       Bangladesh and India for the adjustment of the
       Agreements with those countries on trade in jute products
       to take' account of the accession of Greece to the
                            European Communities                '•       :
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                          -
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ,
Having regard to the Recommendation from the Commission ,
Whereas the Community has negotiated bilateral Agreements with Bangladesh and
India on trade in jute products ;      whereas the said Agreements should be adjusted
to take account of the accession of Greece to the European Communities ;             whereas
for this purpose it is necessary to open negotiations with the two counteies
concerned,
HAS DECIDIED AS FOLLOWS :                                                          ;
                                      Sole Article
                                  • -             ·         ν          -   ·'···
      The Commission is hereby authorised to open negotiations with the People 's
Republic of Bangladesh and the Republic of India for the adjustment of the
Agreements between t he" Community " and "those" "co'untrTes oh trade in" j"ute producTs
 to take account of the accession of the He I lenTc "Republic to the EuropeanJ           _■
 Communities .    '                                      7                             .
      The Commission shall conduct the negotiations in accordance with the
directives annexed to this Decision and in consultation with the Article
113 Committee .                 '                                                    v
      Representatives of the Hellenic Republic shall participate in the work
as observers along side representatives of the present' Member States .
                                              t
 Done at Brussels,      . . -             Î •   .
                                                                   For . the Council
               '                                                     The President
 ---pagebreak---                  NEGOTIATING DIRECTIVES
Ci )    To establish a quantitative Limit for exports to Greece of
        Category 4 and 7 jute fabrics from Bangladesh and India and
        raise corresponding ceilings accordingly .
CiiJ; " Account will be taken of traditional trade flows in establishing
        the quantitative limits for 1981 .
CiitJ   The limits for succeeding years to include an annual growth percentage .


title: Recommendation for a COUNCIL DECISION concerning the conclusion by the European Economic Community of the International Coffee Agreement 1983 (submitted by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 217
Vol. 1987/0124
 ---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) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, 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 ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
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 last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, 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 or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
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), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(87) 217 final
                                                        Brussels , 14 May 1987
                                     Recommendation for a
                                            COUNCIL DECISION
        concerning the conclusion by the European Economic Community of the
                        International Coffee Agreement 1983
                             ( submitted by the Commission )
                  Æf   „    <P
                                       <]
                 IS3          /!,
                  iOJ    'Q‘     l ''
                                    '*-■ '■ '' .
C0M(87 ) 217 final
 ---pagebreak---                        EXPLANATORY MEMORANDUM
1 . The European Economic Community and its Member States signed the
International Coffee Agreement 1983 on 29 June 1983 in New York ,
where the Agreement is deposited with the Secretary-General of the
United Nations Organization .
2 . By Council Decision 83 / 539 / EEC the Community notified the
UN Secretary-General of its intention to apply the Agreement on a
provisional basis . This was because the respective constitutional
procedures had to be gone through in each Member State .
3 . With the ratification of the Agreement by Greece on 19 September 1986 ,
which was notified at the meeting of the Executive Board of the International
Coffee Agreement in London from 15 to 25 September 1986 , the abovementioned
constitutional procedures have now been completed in all the Member States;
the Community is for its part able to approve the International Coffee Agree¬
ment 1983 .
As the period during which the members are to apply the Agreement on a
provisional basis has bee extended until 30 September 1987, the Commission
asks the Council to adopt as speedily as possible the attached Decision .
 ---pagebreak---                                PROPOSAL FOR A COUNCIL DECISION
           concerning the conclusion by the European Economic Community
           of the International Coffee Agreement 1983
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ,
Having regard to the recommendation from the Commission ,
Whereas the International Coffee Agreement 1983 was signed by the Community
and the Member States on 29 June 1983 ,
Whereas by Council Decision 83 / 539 / EEC the European Economic Community , as
an importing member , notified the Secretary-General of the United Nations
Organization that it intended to apply the International Coffee Agreement
1983 on a provisional basis pending completion of the internal procedures
necessary for its conclusion ,
HAS DECIDED AS FOLLOWS :
                                     Article 1
The International Coffee Agreement 1983 is hereby approved on behalf of
the European Economic Community . The text of the Agreement is attached
to Council Decision 83 / 539 / EEC .
 ---pagebreak---                                   Artide 2
The President of the Council is hereby authorized to designate the person
empowered to deposit the instrument of conclusion on behalf of the
Community .
                                  Article 3
This Decision shall be published in the Official Journal of the European
Communities .
Done at Brussels ,                1986                 For the Council
                                                       The President
1 0J L 308, 9.11.1983, p.1 .


               EUROPEAN COMMISSION
            Brussels, 18.5.2016
            COM(2016) 295 final
            Recommendation for a
            COUNCIL DECISION
            abrogating Decision 2010/401/EU on the existence of an excessive deficit in Cyprus

               Recommendation for a

               COUNCIL DECISION

               abrogating Decision 2010/401/EU on the existence of an excessive deficit in Cyprus

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 126(12) thereof,

               Having regard to the recommendation from the Commission,

               Whereas:

               (1)On 13 July 2010 following a recommendation from the Commission, the Council decided, by Decision 2010/401/EU
                  1
                in accordance with Article 126(6) of the Treaty that an excessive deficit existed in Cyprus. The Council noted that according to data notified by the Cypriot Authorities in April 2010, the general government deficit in Cyprus reached 6.1% of GDP in 2009, thus exceeding the 3% of GDP Treaty reference value. The general government gross debt was planned to reach 62% of GDP in 2010, thus above the 60%-of-GDP Treaty reference value.

               (2)On the same date, in accordance with Article 126(7) of the Treaty and Article 3(4) of Council Regulation (EC) No 1467/97, the Council, based on a recommendation from the Commission, addressed a recommendation to Cyprus with a view to bringing an end to the situation of an excessive government deficit by 2012 at the latest. That Council recommendation was made public.

               (3)On 27 January 2011, the Commission concluded that, on the basis of information available at the time, Cyprus had taken action representing adequate progress towards the correction of the excessive deficit within the time limits set by the Council. On 11 January 2012, the Commission again confirmed that Cyprus had taken effective action towards a timely and sustainable correction of the excessive deficit.

               (4)The Cypriot authorities requested financial assistance from the European Union, the Member States whose currency is the euro and the International Monetary Fund (IMF) with a view to supporting the return of Cyprus' economy to sustainable growth. On 25 April 2013, the Council addressed a decision to Cyprus on specific measures to restore financial stability and sustainable growth
                  2
               . In parallel, the European Stability Mechanism (ESM) granted a financial assistance facility to Cyprus. In this context, a Memorandum of Understanding on Specific Economic Policy Conditionality (the "Memorandum of Understanding") was signed on 26 April 2013 by the Cypriot authorities and the Commission, acting on behalf of the ESM.

               (5)On 16 May 2013, in accordance with Article 3(5) of Council Regulation (EC) No 1467/97, the Council concluded that effective action had been taken but that unexpected adverse economic events with major unfavourable consequences for government finances had occurred after the adoption of the recommendation in 2010. Therefore, the Council, following a recommendation from the Commission, considered that the conditions envisaged in Article 3(5) of Regulation (EC) No 1467/97 were fulfilled and issued a revised recommendation to Cyprus under Article 126(7) TFEU, with a view to bringing the excessive deficit situation to an end by 2016.

               (6)On 6 September 2013, the Commission concluded that Cyprus had taken effective action towards correcting the excessive deficit by 2016 as recommended by the Council on 16 May 2013.

               (7)In line with Article 10(2), letter (a), of Regulation (EU) No 472/2013, Cyprus was exempted from a separate reporting under the excessive deficit procedure and reported in the framework of its macroeconomic adjustment programme.

               (8)In March 2016, Cyprus exited its three-year macroeconomic adjustment programme which included the implementation of an ambitious reform agenda and contributed to ensuring financial stability, improving public finances and restoring sustainable economic growth.

               (9)In accordance with Article 4 of the Protocol on the excessive deficit procedure annexed to the Treaties, the Commission provides the data for the implementation of the procedure. As part of the application of this Protocol, Member States are to notify data on government deficits and debt and other associated variables twice a year, namely before 1 April and before 1 October, in accordance with Article 3 of Council Regulation (EC) No 479/2009
                  3
               .

               (10)The Council should take a decision to abrogate a decision on the existence of an excessive deficit on the basis of notified data. Moreover, a decision on the existence of an excessive deficit should be abrogated only if the Commission forecasts indicate that the deficit will not exceed the 3% of GDP Treaty reference value over the forecast horizon
                  4
               .

               (11)Based on data provided by the Commission (Eurostat) in accordance with Article 14 of Regulation (EC) No 479/2009, following the April 2016 notification by Cyprus, the 2016 Stability Programme and the Commission 2016 spring forecast, the following conclusions are justified:

                  –In 2015, the general government deficit amounted to 1.0% of GDP, bringing the deficit below the 3% of GDP reference value of the Treaty one year ahead of the deadline set by the Council. This improvement was driven by fiscal consolidation efforts and the fading-out of the one-off impact of financial sector stabilisation measures on the deficit of 2014.

                  –The 2016 Stability Programme, submitted by the Cypriot government on 13 May 2016, plans a general government deficit of 0.4% of GDP in 2016 and of 0.5% of GDP in 2017. The Commission 2016 spring forecast projects a headline balance of -0.4% of GDP in 2016, and of 0% of GDP in 2017 under unchanged policies. Thus, the deficit is set to remain below the Treaty reference value of 3% of GDP over the forecast horizon.

                  –The Commission estimates the structural balance, which is the general government balance adjusted for the economic cycle and net of one-off and other temporary measures, to have improved by 6.6% of GDP over the period 2013-2015.

                  –The general government gross debt-to-GDP ratio increased to 108.9% in 2015 from 102.5% in 2013 on account of the public support granted to the financial sector and contraction of the nominal GDP. The Commission 2016 spring forecast projects the general government gross debt to remain stable in 2016 and to decrease to 105.4% of GDP in 2017 mainly due to increase in nominal GDP.

               (12)As from 2016, the year following the correction of the excessive deficit, Cyprus will be subject to the preventive arm of the Stability and Growth Pact and should ensure compliance with its medium-term objective, the expenditure benchmark and make sufficient progress towards compliance with the debt criterion in accordance with Article 2(1a) of Regulation (EC) No 1467/97 of July 1997. In this context, it appears that Cyprus is expected to be compliant with its medium term objective in 2016 while some deviation is projected in 2017. Cyprus' structural balance is projected to deteriorate more than what is allowed under the transitional debt rule. Further measures will be needed in 2017.

               (13)In accordance with Article 126(12) of the Treaty, a Council Decision on the existence of an excessive deficit is to be abrogated when the excessive deficit in the Member State concerned has, in the view of the Council, been corrected.

               (14)In the view of the Council, the excessive deficit in Cyprus has been corrected and Decision 2010/401/EU should therefore be abrogated,

               HAS ADOPTED THIS DECISION:

               Article 1

               From an overall assessment it follows that the excessive deficit situation in Cyprus has been corrected.

               Article 2

               Decision 2010/401/EU is hereby abrogated.

               Article 3

               This Decision is addressed to the Republic of Cyprus.

               Done at Brussels,

                     For the Council

                     The President

                     (1)
                  Council Decision 2010/401/EU of 13 July 2010 on the existence of an excessive deficit in Cyprus (OJ L 186, 20.7.2010, p. 30).

                     (2)
                  Council Decision 2013/236/EU of 25 April 2013 addressed to Cyprus on specific measures to restore financial stability and sustainable growth (OJ L 141, 28.5.2013, p. 32).

                     (3)
                  Council Regulation (EC) No 479/2009 of 25 May 2009 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (OJ L 145, 10.6.2009, p. 1).

                     (4)
                  In line with the “Specifications on the implementation of the Stability and Growth Pact and Guidelines on the format and content of Stability and Convergence Programmes” of 3 September 2012. See:

                     http://ec.europa.eu/economy_finance/economic_governance/sgp/pdf/coc/code_of_conduct_en.pdf


               EUROPEAN COMMISSION
            Brussels, 13.9.2017
            COM(2017) 469 final
            Recommendation for a
            COUNCIL DECISION
            authorising the opening of negotiations for a Free Trade Agreement with New Zealand
            {SWD(2017) 289 final}{SWD(2017) 290 final}

               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE PROPOSAL

               ·Reasons for and objectives of the proposal

               The European Union (EU) has excellent political relations and mature trade and investment relations with New Zealand based on shared values of democracy and human rights. New Zealand has concluded numerous free trade agreements (FTA) with other countries. The EU does not have a bilateral FTA with New Zealand and that leaves the EU businesses with comparably less favourable conditions to access the New Zealand market.

               The Joint Statement of 29 October 2015
                  1
                by the leaders of the EU and New Zealand committed to start the process for negotiations to achieve swiftly a deep and comprehensive high-quality FTA.

                  The main reason for the proposal is to create more favourable conditions for further increasing trade and investment between the EU and New Zealand. The general objectives of this proposal include:

               ·promoting smart, sustainable and inclusive growth through the expansion of trade;

               ·creating job and labour opportunities and welfare gains;

               ·increasing benefits to consumer;

               ·improving Europe’s competitiveness in global markets; and

               ·strengthening cooperation on trade-related issues with a like-minded partner.

                  This is in line with the Commission's Communication ‘Trade for All - Towards a More Effective, Transparent and Responsible Trade and Investment Policy’
                     2
                  . The Communication highlights the need to move forward our bilateral relationships in order to deliver jobs and growth by tackling trade and investment barriers in a comprehensive way. At the same time, there is also a need to secure the EU's high level of social and environmental protection and contribute to other trade-related policy objectives, including sustainable development and the special needs of Small and Medium-sized Enterprises (SME).

                  In particular, the 'Trade for All' Communication highlighted that "Australia and New Zealand are Europe’s close partners, share Europe’s values and views on many issues, and play an important role in the Asia-Pacific region and in multilateral settings. Stronger economic ties with these countries will also provide a solid platform for deeper integration with wider Asia-Pacific value chains. Strengthening these relationships should be a priority."

                  Furthermore, the objectives are in line with the Council conclusions on trade of 21 November 2014
                     3
                   which underlined that trade in goods, services and investment can make a significant contribution to achieve the aims at the core of the ‘Strategic Agenda for the Union in times of change’. The conclusions also stated that building on the tangible progress made in the EU's bilateral trade agenda, efforts should be devoted to pursuing agreements with key partners. Similarly, this objective is also in line with the Council conclusion on trade and investment of 27 November 2015
                     4
                   that supported the conclusion of ambitious, comprehensive and mutually beneficial bilateral trade and investment agreements and calls on the Commission to advance negotiations in the Asia-Pacific region.

               ·Consistency with existing provisions in the policy area

               The objectives described above are fully consistent with the Treaty on European Union (TEU) which enshrines that the EU should encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade
                  5
               .

               These objectives are also in line with the Communication 'Europe 2020 – A European strategy for smart, sustainable and inclusive growth'
                  6
                which sets out that the European trade strategy will include "proposals for high-level strategic dialogues with key partners, to discuss strategic issues ranging from market access, regulatory framework, global imbalances, energy and climate change, access to raw materials, to global poverty, education and development".

               The objectives are furthermore fully consistent with the objectives set out by the European Commission's Communication ‘Small Business Act for Europe’
                  7
                (2008) and ‘Small Business, Big World’
                  8
                (2011). Supporting SME's economic activities outside the EU is also embedded in the Union's overall competitiveness strategy as outlined in the Communication 'For a European Industrial Renaissance'
                  9
                (2014).

               The objectives also comply with the principles established in the TEU stipulating that the EU's policies and actions should aim to consolidate and support human rights
                  10
                and to "help develop international measures to preserve and improve the quality of the environment and the sustainable management of global natural resources"
                  11
               .

               The objectives are consistent with other EU policies and with the Charter of Fundamental Rights of the European Union.

               Finally, the objectives are consistent with the Juncker Commission’s priority to get Europe growing again and to increase the number of jobs without creating new debt, the `Investment Plan` (or `European Fund for Strategic Investments)
                  12
                as well as the specific priorities set out by the Commission Work Programme 2017
                  13
               .

               This recommendation concerns an agreement which would cover liberalisation of trade in goods, services, public procurement and foreign direct investment, together with flanking rules dealing, for example, with intellectual property rights.

               ·Consistency with other Union policies

               Description of the issue of consistency with existing provisions in the policy area is found in the section above on 'Consistency with existing provisions in the policy area'.

               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

               ·Legal basis

               Article 218(3) and (4) of the Treaty on the Functioning of the European Union (TFEU).

               ·Subsidiarity (for non-exclusive competence)

               According to Article 5(3) of the TEU, the subsidiarity principle does not apply in areas of exclusive EU competence. The common commercial policy is listed among the areas of exclusive competence of the Union in Article 3 of the TFEU. This policy includes the negotiation of trade agreements pursuant to, inter alia, Article 207 TFEU.

               ·Proportionality

               In line with the principle of proportionality, all reasonable policy options were considered in order to assess the likely effectiveness of such policy interventions, as described in detail in the Impact Assessment Report.

               ·Choice of the instrument

                  Decision of the Council of the European Union.

               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

               ·Ex-post evaluations/fitness checks of existing legislation

                  Not applicable.

               ·Stakeholder consultations

               The Commission actively engaged with interested partners and conducted a comprehensive online public consultation
                  14
                to gather detailed views relating to the future trade and economic relationship between the EU and New Zealand
                  15
               .

               The online public consultation was open from 11 March to 3 June 2016. It was launched on the website of the Directorate-General for Trade and was posted on ‘EU Survey’ (the Commission's on-line public consultations portal). Interested parties from within and outside the EU were invited to answer questions covering a wide range of themes on trade and investment between the EU and New Zealand.

               The Commission received 108 replies from a wide range of respondents. A summary of the responses is included in the Impact Assessment Report and the individual responses were published unless the respondent has indicated otherwise.

               ·Collection and use of expertise

                  An external consultant was commissioned to carry out an ex-ante analysis on the potential impacts of envisaged scenarios for the FTA.

                  The Commission has also been in contact with various interested parties who provided their views on specific market access and other trade barriers they face in their trade and investment relationship with New Zealand.

               ·Impact assessments

                  Though the scope of the impact assessment, covering trade, investment and other issues, was broader than the present Recommendation, its conclusions remain valid with respect to this Recommendation.

                  The Impact Assessment Report and its acompanying executive summary and the positive opinion with reservations of the Regulatory Scrutiny Board will be made public.

                  In addition to the impact assessment, the potential economic, social, human rights and environmental impacts of the FTA will be examined in an independent Sustainability Impact Assessment, which will be carried out by external consultants. The Sustainability Impact Assessment will be carried out in parallel with the FTA negotiations and will rely on a wide-ranging consultation of interested parties, notably civil society. The Sustainability Impact Assessment will be finalised ahead of the initialling of the FTA and its findings will feed into the negotiating process.

               ·Regulatory fitness and simplification

                  SMEs should benefit from new business opportunities and see savings under the FTA due to liberalisation, enhanced legal framework, improved customs procedures, and increased regulatory transparency. The Impact Assessment Report contains detailed information on the potential impacts on stakeholders and economic sectors.

               ·Fundamental rights

                  The Impact Assessment Report addresses the issues of fundamental rights under social, environmental and human rights aspects.

                  The FTA should contain a chapter on Trade and Sustainable Development in line with established EU policy.

               4.BUDGETARY IMPLICATIONS

                  The FTA will have limited negative impact on the budget of the EU in the form of customs duties due to tariff liberalisation. Indirect positive impacts are expected in terms of increases in resources linked to value added tax and gross national income.

               5.OTHER ELEMENTS

               ·Implementation plans and monitoring, evaluation and reporting arrangements

                  In line with the commitment made in the 2015 'Trade for All' Communication, there will be an in-depth ex-post evaluation of the effects of the FTA to be concluded with New Zealand when it will have been in force for sufficient time to ensure availability of meaningful data. The Impact Assessment Report contains detailed information on the envisaged monitoring and evaluation arrangements.

                  •
                        Explanatory documents (for directives)

                  Not applicable.

               ·Detailed explanation of the specific provisions of the proposal

               Not applicable.

               ·Procedural aspects

               The Commission will negotiate for the EU.

               In accordance with Article 218(4) TFEU, it is suggested that the Council of the European Union designates the Trade Policy Committee as the committee in consultation with which the negotiations must be conducted.

               The European Parliament will be informed at all stages of the procedure, in line with Article 218 (10) TFEU.

               The Commission welcomes the fact that the Members of the Council of the European Union are increasingly engaging at an early stage with their parliaments on trade negotiations in line with their institutional practices. It encourages the Members of the Council of the European Union to do the same with regard to this Recommendation for a Council decision having due regard to Council Decision 2013/488/EU on the security rules for protecting EU classified information
                  16
               .

               The Commission will inform New Zealand of the EU's internal rules on transparency and access by the Council of the European Union and the European Parliament to negotiating documents.

               The Commission makes this Recommendation and its Attachment public immediately after its adoption.

               The Commission recommends that the negotiating directives be made public immediately after their adoption.

               Recommendation for a

               COUNCIL DECISION

               authorising the opening of negotiations for a Free Trade Agreement with New Zealand

               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 the recommendation from the European Commission,

               WHEREAS negotiations should be opened with a view to concluding a Free Trade Agreement with New Zealand,

               HAS ADOPTED THIS DECISION:

               Article 1

               The Commission is authorised to negotiate on behalf of the Union a Free Trade Agreement with New Zealand.

               Article 2

               The negotiating directives are set out in the Attachment.

               Article 3

               The negotiations shall be conducted in consultation with the Trade Policy Committee.

               Article 4

               This Decision and its attachment will be made public immediately after their adoption.

               Article 5

               This Decision is addressed to the Commission.

               Done at Brussels,

                     For the Council

                     The President

                     (1)

                  http://europa.eu/rapid/press-release_STATEMENT-15-5947_en.htm

                     (2)

                  http://trade.ec.europa.eu/doclib/docs/2015/october/tradoc_153846.pdf

                     (3)

                  http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/145908.pdf

                     (4)
                  http://www.consilium.europa.eu/en/meetings/fac/2015/11/st14688_en15_pdf/

                     (5)
                  Article 21 para 2 (e) TEU.

                     (6)

                  http://ec.europa.eu/eu2020/pdf/COMPLET%20EN%20BARROSO%20%20%20007%20-%20Europe%202020%20-%20EN%20version.pdf

                     (7)
                  http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52008DC0394

                     (8)
                  http://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX:52011DC0702

                     (9)
                  http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52014DC0014

                     (10)
                  Article 21 para 2 (b) TEU.

                     (11)
                  Article 21 para 2 (f) TEU.

                     (12)

                  http://ec.europa.eu/priorities/jobs-growth-investment/plan/index_en.htm

                     (13)
                  https://ec.europa.eu/info/publications/work-programme-commission-key-documents-2017_en

                     (14)
                  http://trade.ec.europa.eu/consultations/index.cfm?consul_id=195

                     (15)
                  The public online consultation also covered the future trade and economic relationship between the EU and Australia

                     (16)

                  http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32013D0488

    ---documentbreak---

               EUROPEAN COMMISSION
            Brussels, 13.9.2017
            COM(2017) 469 final
            ANNEX
            to the
            Recommendation for a Council Decision
            authorising the opening of negotiations for a Free Trade Agreement with New Zealand
            {SWD(2017) 289 final}{SWD(2017) 290 final}

               ATTACHMENT

               NEGOTIATING DIRECTIVES FOR A FREE TRADE AGREEMENT WITH NEW ZEALAND

               A.
                     NATURE AND SCOPE OF THE AGREEMENT

               The Agreement should exclusively contain provisions on trade and foreign direct investment related areas applicable between the parties.

               The Agreement should be ambitious, comprehensive and fully consistent with World Trade Organisation (WTO) rules and obligations. The negotiations should be conducted and concluded taking into account commitments under the WTO. The Agreement should have a high level of ambition going beyond existing WTO commitments.

               The Agreement should provide for the progressive and reciprocal liberalisation of trade in goods, services and foreign direct investment. It will include rules on other trade-related areas in order to promote, facilitate or govern such trade and foreign direct investment. All commitments under the Agreement are undertaken with a view to have a direct and immediate effect on trade and, where relevant, within the scope of common EU rules.

               The Agreement should include obligations in areas falling under the competence of all applicable authorities and entities of both parties to the Agreement.

               B.
                     PROPOSED CONTENT OF THE AGREEMENT

               Preamble, General Principles

               The preamble should recall that the partnership with New Zealand is based on common principles and values as reflected in the 2016 EU-New Zealand Partnership Agreement on Relations and Cooperation (PARC). The Agreement should form part of the overarching political relationship and institutional framework set out in the PARC.

               In view of liberalising bilateral trade and foreign direct investment, the Agreement should also refer, inter alia, to:

               ·The principles and objectives of the EU's external action;

               ·The commitment of the parties to sustainable development and the contribution of international trade to sustainable development in its economic, social and environmental dimensions, including economic development, poverty reduction, full and productive employment and decent work for all, the protection and preservation of the environment and natural resources;

               ·The commitment of the parties to fully comply with their rights and obligations arising from WTO membership;

               ·The commitment of the parties to enhance consumer welfare through policies ensuring a high level of consumer protection and economic well-being;

               ·The right to regulate economic activity in the public interest, to achieve legitimate public policy objectives such as the protection and promotion of public health, social services, public education, safety, the environment, public morals, social or consumer protection, privacy and data protection and the promotion and protection of cultural diversity;

               ·The objective that the Agreement should create a new framework for economic relations between the parties and above all for the development of trade and foreign direct investment;

               ·The shared objective of the parties of taking into account the particular challenges faced by small and medium sized enterprises (SMEs) in contributing to the development of trade and foreign direct investment;

               ·The commitment of the parties to communicate with all relevant interested parties including the private sector and civil society organisations/representatives.

               Objectives

               The Agreement should confirm the joint objective of progressively and reciprocally liberalising substantially all trade in goods and services and foreign direct investment, in full compliance with WTO rules, notably Article XXIV of the General Agreement on Tariffs and Trade (GATT) and Article V of the General Agreement on Trade in Services (GATS).

               The Agreement should ensure a high level of market access for public procurement, and trade-related intellectual property rights (IPR), including geographical indications and strengthen dialogue and cooperation on technical and regulatory frameworks.

               The Agreement should recognise that sustainable development is an overarching objective of the parties and should ensure and facilitate respect of international environmental and social agreements and standards in order to promote trade. Sustainable development should be taken into account throughout the agreement covering both social and environmental issues. The Agreement should ensure that the parties should not encourage trade or foreign direct investment by lowering domestic environmental, labour or occupational health and safety legislation, and standards or by relaxing core labour standards or laws aimed at protecting and promoting cultural diversity.

               Trade in Goods

               Duties on imports and exports and non-tariff measures

               The aim of the Agreement is to ensure the highest possible degree of trade liberalisation. The Agreement should cover substantially all trade in goods between the parties. Tariffs on most lines should be eliminated on the entry into force of the Agreement. The aim of the Agreement should be to dismantle import duties and charges having an equivalent effect on both sides, as a general rule not more than seven years. Exceptions should be kept to a minimum and specific provisions should cover the most sensitive products. For instance some agricultural products for which tariff rate quotas, longer transitional periods or other arrangements should be considered.

               Negotiations on tariff reduction should take place on the basis of the duties applied by the EU erga omnes on the date of launch of the negotiations and of the duties applied by New Zealand erga omnes on the date of launch of the negotiations.

               All customs duties or taxes on exports or any measures of equivalent effect should be prohibited and no new ones should be introduced.

               Rules of origin

               Rules of origin and provisions providing for administrative co-operation should be trade facilitating and simpler and should take into account the standard preferential rules of origin of the EU and the interests of EU producers.

               Anti-fraud measures

               A clause in the Agreement on enhanced administrative co-operation should set out the procedures and appropriate measures that the parties may take where a lack of administrative co-operation in customs matters, irregularities or fraud are established.

               Management of administrative errors

               Provisions should also be included to examine jointly the possibility of adopting appropriate measures in case of errors committed by the competent authorities in the application of the preferential rules of origin.

               Customs and trade facilitation

               The Agreement should include provisions to facilitate trade between the parties, while ensuring effective controls. To this end the Agreement should include commitments on rules, requirements, formalities and procedures of the parties related to import, export and transit. These provisions should take into account the initialled EU-New Zealand Customs Cooperation and Mutual Assistance Agreement or future amendments thereto.

               The Agreement should promote the effective implementation and application of international rules and standards in the field of customs and other trade-related procedures, including WTO provisions, WTO Trade Facilitation Agreement and World Customs Organisation instruments and the revised Kyoto Convention.

               The Agreement should include provisions to promote exchange of best practice and experience, relating to particular areas of mutual interest. These areas may include issues such as the modernisation and simplification of rules and procedures, standardised documentation, tariff classification, transparency, mutual recognition and inter-agency co-operation.

               The Agreement should promote convergence in trade facilitation, building on relevant international standards and instruments as appropriate.

               The Agreement should promote effective and efficient IPR enforcement by customs authorities on all goods under customs control.

               The Agreement should take account, in the provisions on trade facilitation, of the challenges faced by SMEs while ensuring a level playing field for all economic operators.

               The Agreement should aim to establish a Protocol on Mutual Administrative Assistance in Customs Matters, covering assistance with customs anti-fraud investigations (including assistance on request, spontaneous assistance and confidentiality) or alternatively the Agreement could refer to the Protocol of the EU- New Zealand Customs Cooperation and Mutual Administrative Assistance Agreement.

               Non-tariff barriers

               The Agreement should address trade related regulatory issues and non-tariff barriers (NTBs). The Agreement should therefor prohibit any ban, restriction or other NTBs to trade, which is not justified by the general exceptions set out below, and which could amount to a means of arbitrary discrimination or a disguised restriction on trade between the parties. Priority should be given to provisions and procedures that should be included to ensure the elimination of unjustified non-tariff obstacles to trade. The Agreement should also envisage appropriate procedures to prevent NTBs and other unnecessary obstacles to trade. The Agreement should also address localisation requirements.

               Product-specific NTBs should be solved on a request and offer basis, in parallel with exchanges on tariff concessions. Given the relevance of furthering the objectives of the Agreement and to improve market access at a level greater than that delivered through horizontal rules, the Agreement should include sector specific commitments on NTBs.

               The Agreement should include provisions on state trading enterprises, assessing any possible distortion to competition and barriers to trade that this could create.

               Technical regulations, standards and conformity assessment procedures

               Apart from confirming the provisions of the WTO Agreement on Technical Barriers to Trade, the parties should also establish provisions that build on and complement such provisions in order to facilitate access to each other's markets.

               The Agreement should contain a number of general principles (such as proportionality, no undue restrictions, transparency, non-discrimination) and provisions that build on and complement WTO rules. Among other things, the aims should include increasing transparency, promoting good regulatory practice, adopting relevant international standards, seeking the compatibility and convergence of technical regulations on the basis of international standards, streamlining testing and certification requirements through, for example, the application of a risk-based approach to conformity assessment (including the application of self-certification in sectors where this is possible and appropriate) and provisions aiming at the compatibility of testing requirements in a number of priority sectors and promoting the use of accreditation.

               The Agreement should contain provisions that aim at improving the dissemination of information to importers and exporters.

               The negotiations should address the relationship between the Agreement and the existing Mutual Recognition Agreement with a view to improving its implementation and providing for more efficient cooperation.

               Sanitary and phytosanitary (SPS) measures

               The parties should build on and go beyond the WTO Agreement on SPS measures, with the objective of facilitating access to each Party’s market while protecting human, animal or plant life and health. The SPS chapter should cover issues such as transparency, proportionality, undue delays, harmonisation, the recognition of equivalence and alternative measures, regionalisation, control, inspection and approval procedures, audits, import checks, emergency measures, approval of establishments without prior inspection, pursuing the application of EU-wide authorisation processes (single entity), regulatory cooperation, improved cooperation on antimicrobial resistance, and the creation of a mechanism to address expeditiously specific trade concerns related to SPS measures.

               The negotiations should follow the provisions of the negotiating directives adopted by the Council on 20 February 1995 (Council document 4976/95). The negotiations should address the relationship between the Agreement and the EU-New Zealand Agreement on sanitary measures applicable to trade in live animals and animal products, while preserving its content and providing for efficient cooperation.

               Animal welfare

               The Agreement should promote continued cooperation and exchanges on animal welfare, to discuss, inter alia, possible commitments on equivalence on animal welfare between the parties.

               Safeguards

               The Agreement should include a clause on safeguard measures providing that either party may take appropriate measures in accordance with the WTO Agreement on Implementation of Article XIX GATT 1994 or the WTO Agreement on Safeguards. The Agreement should also provide that such safeguard measures should have the least distorting effect on bilateral trade.

               To maximise commitments towards liberalisation and in order to ensure any necessary protection, taking into account specificities of sensitive sectors, the Agreement should in principle contain a bilateral safeguard clause by which either party may remove, in part or in full, preferences where a rise in imports of a product from the other party is causing or threatening to cause serious injury to its domestic industry.

               Anti-dumping and countervailing measures

               The Agreement should include a clause on anti-dumping and countervailing measures providing that either party may take appropriate measures against dumping and/or countervailable subsidies in accordance with the WTO Agreement on Implementation of Article VI GATT 1994 or the WTO Agreement on Subsidies and Countervailing Measures. The Agreement should also integrate commitments that go beyond WTO rules in this area in line with EU rules and previous agreements.

               The Agreement should recognise that green box payments are not trade distortive and should therefore, in principle not be targeted by anti-dumping or anti-subsidy measures.

               Trade in Services, Foreign Direct Investment and Digital Trade

               In line with Article V GATS, the Agreement should have substantial sectorial coverage and should cover all modes of supply. The Agreement should have no a priori exclusion from its scope other than the exclusion of audio-visual services and services supplied and activities performed in the exercise of governmental authority. The negotiations should aim at the progressive and reciprocal liberalisation of trade in services and foreign direct investment by eliminating restrictions to market access and national treatment, beyond the Parties’ WTO commitments and offers submitted in the context of the negotiations of the Trade in Services Agreement. The Agreement should include rules concerning performance requirements related to foreign direct investment.

               Furthermore, the Agreement should contain regulatory disciplines. To that end, the negotiations should cover matters such as:

               ·Regulatory provisions on transparency and mutual recognition;

               ·Horizontal provisions on domestic regulation, such as those ensuring impartiality and due process with regard to licensing and qualification requirements and procedures; and

               ·Regulatory provisions for specific sectors including telecommunication services, financial services, delivery services and international maritime transport services.

               In the context of the increasing digitalisation of trade, the negotiations should result in rules covering digital trade and cross-border data flows, electronic trust and authentication services, unsolicited direct marketing communications, and addressing unjustified data localisation requirements, while neither negotiating nor affecting the EU’s personal data protection rules.

               The Agreement may include procedural commitments for the entry and stay of natural persons for business purposes pursuant to the Parties' commitments in Mode 4. However, nothing in the Agreement should prevent the Parties from applying their national laws, regulations and requirements regarding entry and stay, provided that, in doing so, they do not nullify or impair the benefits accruing from the Agreement. The laws, regulations and requirements existing in the EU regarding working conditions and labour rights should continue to apply.

               The Agreement should reaffirm the right to regulate economic activity in the public interest, to achieve legitimate public policy objectives such as the protection and promotion of public health, social services, public education, safety, the environment, public morals, social or consumer protection, privacy and data protection and the promotion and protection of cultural diversity. The high quality of the EU’s public services should be preserved in accordance with the Treaty on the Functioning of the European Union (TFEU) and in particular Protocol No 26 on Services of General Interest, and taking into account the EU’s reservations in this area, including GATS.

               Capital Movement and Payments

               The Agreement should aim for the removal of restrictions to current payments and capital movements related to transactions liberalised under this Agreement, and include a standstill clause. It should include safeguard and carve-out provisions (e.g. concerning the Union's economic and monetary union and balance of payments), which should be in accordance with the provisions of the TFEU on the free movement of capital.

               Intellectual Property Rights

               The Agreement should complement and build upon the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs), aiming at ensuring an adequate and effective level of protection and enforcement of intellectual property rights.

               The IPR chapter should cover topics, such as copyright and related rights, trademarks, designs, patents, plant variety rights, undisclosed information including trade secrets, geographical indications (GIs) and enhanced enforcement. The Agreement should seek to improve the effectiveness of enforcement of IPR, including in the digital environment and at the border (including on exports).

               The Agreement should set up appropriate cooperation mechanisms between the Parties to support the implementation of the IPR chapter, as well as a regular dialogue on intellectual property to promote exchange of information on respective legislative progress, exchange of experience on enforcement and consultation in relation to third countries.

               Without prejudice to the relevant multilateral discussions in this regard, the negotiations should explore the issue of genetic resources, traditional knowledge and folklore.

               Geographical Indications

               The Agreement should provide direct protection through the agreement of a list of GIs (wines, spirits, agricultural products and foodstuffs), at a high level of protection building upon Article 23 TRIPs, including evocation, enhanced enforcement, co-existence with "bona fide" prior trademarks, protection against subsequent genericness and the possibility to add new GIs. Issues concerning individual prior rights, for example related to plant varieties, trademarks, generic or other legitimate prior uses, should be addressed. In addition, the negotiations will include arrangements regarding protection of GIs in third country markets.

               Public Procurement

               Building on respective WTO Government Procurement Agreement (GPA) commitments, the Agreement should aim at comprehensive and improved access to public procurement markets. This should include comprehensive and mutually acceptable coverage of procurement at all levels of government, crown entities, state owned enterprises and undertakings with special or exclusive rights, and procurement of goods, services and public works. In doing so, the parties recognise the particularities and the sensitivities of their respective procurement environments. The Agreement should also consider covering commitments for public private partnerships / concessions in line with respective legislation in this area. The parties recognise the importance of the principle of national treatment in order to ensure treatment no less favourable than that accorded to locally-established suppliers or service providers.

               Procedural commitments should be based on the rules, procedures and requirements established under the WTO GPA. In particular, commitments should ensure due process (such as including effective review mechanisms) and transparency in covered procurement. Specific language on transparency should be considered in order to ensure clarity on applicable procurement rules and on available procurement opportunities in order to provide businesses with easily available information.

               Trade and Competition

               The Agreement should include provisions on competition addressing competition rules and their enforcement.

               The Agreement should contain provisions on subsidies. Furthermore, it should also address State-Owned Enterprises, designated monopolies and enterprises granted special rights or privileges.

               Small and Medium-sized Enterprises

               The Agreement should include a specific SME chapter. The Agreement should assist SMEs to take full advantage of the trade opportunities provided by the Agreement, including through information sharing arrangements on market access requirements and an appropriate institutional set-up.

               Trade and Sustainable Development

               The Agreement should include provisions on labour and environmental aspects of trade and sustainable development of relevance in a trade and foreign direct investment context. It should include provisions that promote adherence to and effective implementation of relevant internationally agreed principles and rules, including the core labour standards and fundamental conventions of the International Labour Organisation (ILO) and multilateral environmental agreements including those related to climate change.

               The Agreement should reaffirm the right of the parties to regulate in the labour and environmental areas, consistent with their international commitments, and in pursuit of high levels of protection. It should include provisions for labour and environmental levels of protection not to be lowered in order to encourage trade and foreign direct investment. This should include a commitment not to derogate from or fail to enforce domestic labour or environmental laws.

               The Agreement should promote a greater contribution of trade and foreign direct investment to sustainable development, including by addressing areas such as the facilitation of trade in environmental and climate-friendly goods and services and the promotion of voluntary sustainability assurance schemes and of corporate social responsibility, having regard to internationally recognised instruments.

               The Agreement should also contain commitments promoting trade in legally obtained and sustainably managed natural resources, in particular in relation to biodiversity, wildlife, forestry products, fisheries and cover relevant international instruments and practices. It should also promote trade favouring low-emission, climate resilient development.

               The Agreement should foresee suitable provisions for the effective implementation and monitoring of these provisions, as well as procedures to address any disputes arising between the Parties, and should provide for civil society participation.

               Energy and Raw Materials

               The Agreement should include provisions addressing trade and foreign direct investment-related aspects of energy and raw materials. The Agreement should aim at ensuring an open, transparent, non-discriminatory and predictable business environment and at limiting anti-competitive practices in this area. The Agreement should also include rules that support and further promote trade and foreign direct investment in the renewable energy sector. The Agreement should also enhance cooperation in the abovementioned areas.

               Transparency of Regulations

               The Agreement should include provisions regarding:

               ·Publication, including making measures of general application publicly available, in a non-discriminatory manner and with reasonable time for comments on proposals for measures of general application.

               ·Enquiries and contact points, with mechanisms to respond to enquiries from interested parties regarding measures proposed or in force.

               ·Administrative proceedings based on and in accordance with law which ensure that information on the operation of measures of general application is available to interested persons and reasonable opportunity is afforded for those affected by a proceeding to present views prior to any final administrative action.

               ·Appropriate opportunities to review and appeal an administrative action in areas covered by the Agreement.

               ·Promotion of quality regulation and good administrative practice.

               Regulatory cooperation

               The Agreement should include cross-cutting disciplines on regulatory coherence and transparency for the development, adoption and implementation of efficient, cost-effective, and more compatible regulations so as to facilitate trade. The Agreement should include provisions on the promotion of information exchange, the enhanced use of good regulatory practices, and enhanced regulatory cooperation.

               To this end, consideration should be given to the inclusion of provisions on regulatory cooperation in certain specific areas not covered in the current framework, and to mechanisms for identifying potential obstacles to be addressed through regulatory cooperation.

               Institutional and final provisions

               A clear legal and institutional link should be established between the Agreement and the PARC. This should ensure external coherence in particular in respect of the existence, application, suspension and termination of the respective provisions.

               The Agreement should set up a specific overarching body to monitor the implementation of the Agreement. Committees or working groups on specific areas may be established as appropriate and should operate under the framework of the overarching body.

               Dispute Settlement and Mediation

               The Agreement should include an effective and binding dispute settlement mechanism with an expedited procedure, in particular for the panel composition and the conduct of panel proceedings. The dispute settlement mechanism should be transparent, open and innovative. It should include provisions for a flexible and rapid mediation mechanism.

               General exceptions

               The Agreement should include general exceptions, applicable to the relevant parts of the Agreement, including regarding security, balance of payments, prudential supervision and taxation.

               Authentic languages

               The Agreement, which should be equally authentic in all official EU languages, should include a language clause to that effect.

               Other issues

               The Agreement should recognise the importance of consumer protection issues and support effective consumer protection, including in a digital environment.

               Following analysis by the Commission and prior consultation with the Trade Policy Committee and in accordance with EU Treaties, the Agreement may include additional provisions related to the trade and economic relationship where, in the course of negotiations, mutual interest was expressed in doing so.

               Waitangi

               The Agreement should address the New Zealand government's obligations related to the Treaty of Waitangi. In this regard, any measures taken pursuant to this provision should not be used as a means of arbitrary or unjustified discrimination against persons of the other side or as a disguised restriction on trade in goods and services and foreign direct investment.


title: Recommendation for a COUNCIL DECISION authorizing the Commission to open negotiations with non-member countries which have concluded textile agreements with the Community for the purpose of adapting the said agreements to take account of the accession of Greece to the European Communities (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 367
Vol. 1980/0132
 ---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(80 ) 367 final
                                                     Brussels . 30 June 1980
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               >      - V  -, £>              I
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                 V,     ^°«/,/ **9       xV
                             Recommendation for a
                                COUNCIL     DECISION
 authorizing the Commission to open negotiations with non-member countries
 which have concluded textile agreements with the Community for the purpose
 of adapting the said agreements to take account of the accession of Greece
                        to the European Communities
             ( submitted to the Council by the Commission )
C0M(80 ) 367 final
 ---pagebreak---     I                                                                               !
                        EXPLANATORY MEMORANDUM
1.       Under Article 123 of the Act of Accession of the Hellenic Republic
         to the European Communities , Greece is. required to adopt from
         1 January 1981 . the full acquis communautai re in the field of
         textile trade poli cy .                                              -'    ;
       'This is to be done in accordance with the procedure agreed at              I !;
         meetings of the negotiating conference at deputy level between ' i !
      /                                                                            >
         the Community and Greece ( CONF/ GR /68/ 78 and CONf /GR / 30/78 ) .      j ;; 4
2 . ' In the textile field , the acquis communautaire consists of : ^ ' j I ;
        - External arrangements to regulate imports from 'low-cost
           supplying countries .   These take the form of bilateral
           agreements which are mostly valid until 31 December 1982 ,
           negotiated on the basis of the Multif+bre Arrangement and
           the Protocol extending it , and informal voluntary restraint
           arrangements with a number of countries linked to the
           Community by preferential agreements .
       ■- Internal arrangement s "global " Community and regional limits
           for the eight most senisitive products , with allowance for
           import growth allocated among the Member States according to          i
           a formule based on objectives criteria .     The agreements and
                                                                                '    1
           arrangements are administered on the basis of a unified
           nomenclature and classification covering all textile products .
                                   (
3.      Greece 's adoption of the acquis communautaire on textiles must
        not lead the supplying countries to call the agreements or
        arrangements into question .    This means in particular that the
        adjustments should not result in any undermining of their present
        position , notably in economic terms .
        But with a few exceptions Greece is not a significant importer
        of, textiles , and the structure of its imports differs considerably
        from that of the other Member States , because of both its own
        situation as a major textile producer , and the policy it has hitherto
        pursued , on textile imports .
 ---pagebreak--- Accordingly , the Commission wi 11 need negotiating directives which , while
conforming strictly to the principles and aims of the Community 's textile
trade policy , allow it a degree of flexibility in fixing the quota shares
for Greece .
                      i                   . 1
The Commission is aware that this operation which must be completed by
1 January 1981 could take some time accordingly it requests that the
Council adopts the annexed negotiating directives as sooc, as possible .
 ---pagebreak---    RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE COMMISSION
  TO OPEN NEGOTIATIONS WITH NON-MEMBER COUNTRIES WHICH HAVE
   CONCLUDED TEXTILE AGREEMENTS WITH THE COMMUNITY FOR THE PURPOSE
  OF ADAPTING THE SAID AGREEMENTS TO TAKE ACCOUNT OF THE ACCESSION
  OF GREECE TO THE EUROPEAN COMMUNITIES
  THE COUNCIL OF THE EUROPEAN COMMUNITIES , .
  Having regard to the Treaty establishing the-^uropean Economic'
  Community , and in particular Article 113 thereof ,               ;
                                                        . \     '*
                                                                       -
  Having regard to the recommendation from the Commission ,
                                                      •  ν         ! 1
f                                                             '
  Whereas the Community has concluded with certain non-member countries
  bilateral agreements and arrangements on trade in textiles ;
  whereas those agreements and arrangements' should be adapted to
 take account of the accession of Greece to the European Communi
  ties and negotiations opened for that purpose with the countries
  in question ,                                    "                  j '     '
 HAS DECIDED AS FOLLOWS     :
                         /                                                t
                          Sole Artide
 The Commission is hereby authorized to enter into negotiations with all
  countries which have signed bilateral textile agreements or arrangement ?
  for the purpose of adapting the said agreements or arrangements to            j
  take account of the accession of the Hellenic Republic t d the                i
  European Communities .          ' _ '                                     ^
 The Commission shall conduct the negotiations in accordance with
                                                            J
 the directives annexed to this Decision and in consultation with
 the special committee provided for in Article 113 of the Treaty .
             •                          .       I
 Represeritati ves of the Hellenic Republic may participate in meetings
 as observers .
 ---pagebreak---                                                                  ANNEX  I
                          Negotiating directives
1.      Basi c principles
                                                       v
        - In order to avoid demands by the supplier countries for a
   • ,     comprehensive renegotiation of the textile agreements , it
           will be necessary at least to maintain the current position ,
           notably in economic terms .
        - If the countries concerned refused adjustments to the agree
           ments , it could be necessary to apply Article 123 ( 2 ) of the
           Act of Accession of the Hellenic Republic'to the European
           .      ...     (1)
           Communities .
2.      Countries concerned                          ■     /   •      '
      - All countries having concluded with the Community bilateral
        agreements or 'arrangements which will be in force on 1 - January
        1981 ( Annexe II ).   In the case of the preferential countries
        concerned ( Portugal ,, Malta , Morocco and Egypt ), the adjustment
        will have to take into account , so far as the substance is con
        cerned , the special status of these countries' trade relations
        with the Community , while the timetable will have to be . drawn up
        in the light of the current negotiations for the conclusion of      '
        additional protocols to the comprehensive agreements Linking them
        with the Community .      '                     .                   '
                                    /
3.      Detailed provisions      „                •
      'The following adjustments will be necessary :
( 1 ).
        Sr.ouLd these - Protocols not have been concluded by 1 January 1981 ,
        the Community shall take measures designed to deal with this
        situation concerning the necessary transitional adjustments to
        ensure that Agreements are implemented by ^ he Community ."
 ---pagebreak---  External elements        ( MFA countries )
 1.  Basket extractor
      Co^i"uni ty                                            i                  K
     Basket extractor levels for '1982 should be worked out on the -
      basis of total EEC imports including , exceptionally ^ 1980
      EEC imports originating in Greece , so as to allow the non-
      member countries concerned to retain the economic value of
      their entitlements .      In practice the basket extractor level
      for 1981 and 1982 will be 102.5 % ( or 102 % ) - rather than '
      the present figure of 100 % - of the percentage of ifotal           \,
      1980 extra-EEC imports , including those from Greece ,f which
      is used as the basis for the calculation .
      Régional
      The regional basket extractor threshold for Greece will be 2.5 %
      ( or 2 % ) of the Community basket extractor threshold as defined
      above .
                                       ••
ii .  Establishment of limits v           ' '  •    , •  •
      A'llmit will be set for Greece wherever the agreements currently
      provide for a Community limit allocated among all the Member ,
      States .
      These quota shares will be based on existing trade patterns .
      But they cannot be smaller than th <; figure given by the theoretical
                   (1 )
      calculation       (5 % of 2.5 . % - or JI '/. - of the Community limit ),
      it being understood that this figure too may not fall below certain
      threshold levels (2 tonnes or 2.000 pieces ) under which the shares
      would be quite meaningless in economic terms .
      A regional limit may be set for Greece where there is no Community
      quota but the existing trade flow is appreciably above the basket
      extractor threshold and there are verifiable economic grounds
       for such a Umit .                                        i
  1 Cf. the formula used in the 1977 negotiations .
 ---pagebreak---     • iii    Reference levels
             To take account of the characteristics of Greece 's textile import
             policy prior to accession the reference levels will be calculated
             on the basis of the arithmetical average of 1977 , 1978 and 1979 .
             performance levels .    Exceptions to this rule "for special cases,
             will have to be made on a pragmatic basis.' .            i
    iiii .   Growth rates
  -          As a rule the 1981 limits for Greece wi.ll be established on the
             »                                                                   t
             basis of the reference levels ( see 3.(b ) 3 .) plus 2 x 6
             The rate of growth from 1981 to 1982 to be applied to the Greek
              limits should be the same as the average Community growth rates
           . for the various categories of products .
                                                                        I
                                                                          ,r       I
    External elements      ( preferential countries )
    With the exception of para , i , the provisions of 'paras . b)ii , iii , iiii
    shall app ly,gi ven that a more favourable regime should be granted to
    these partners .
.     The following operations could also be carried out at the same time as !
      the negotiations :        -
                                                                   •                   1
      .. Updating of the global Community ceilings for 1981 and 1982 .
       . Estobl i shment of global regional cei lings for Greece~-for 1981 and       '
         1982 .    •              '                   •
       . Inclusion of Greece in the burden sharing formula .      Applying the
         criteria used for the other Member States / Greece ' s . share would be
         somewhere "in the 2-2,5 '/. bracket .     v
 ---pagebreak---                 LIST OF THIRD COUNTRIES HAVING CONCLUDED
                      AGREEMENTS OR ARRANGEMENTS
Bilateral agreements
Argentins      < •                          Bulgari a
Brazi l         4                           Hungary
Colombia                                    Poland
Guatemala                                   Romania
Haiti                                       Yugoslavia
Mexi co                                     China
Peru                                      - Egypt
Uruguay
South Korea
Hong Kong    4
Macao
Indonesi a
Malaysia
Phi lippmes
Singapore
Thaï land
Bang ladesh
Indi a
Paki stan
Sri Lanka
Informal arrangements
Morocco
Portugal
Egypt
Malta
        ;


title: Recommendation for a COUNCIL DECISION concluding the Agreement in the form of an exchange of letters extending the Trade Agreement between the European Economic Community and the Argentine Republic (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 659
Vol. 1979/0222
 ---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(79)659 final
                                                   Brussels , 22 November 1979
                            Recommendation for a
                              COUNCIL DECISION
concluding the Agreement in the form of an exchange of letters
                 extending the Trade Agreement between the
                    European Economic Community and the
                             Argentine Republic
               ( submitted to the Council by the Commission )
 COM ( 79 ) 659 final
 ---pagebreak---                            EXPLANATORY    MEMORANDUM
             The Trade Agreement between the European Economic Community
and the Argentine Republic concluded on 8 November 1971 for a period of
three years entered into force on 1 January 1972 and expires on 31 Dec
ember 1979 after; four extensions for a period of one year as provided
for in article 9 ( 2 ) of the Agreement .
             The Argentine Mission to the European Communities has made
known verbally to the Commission 's services that the Argentine Government
considers it advisable to renew the agreement again .
             Considering that the Trade Agreement of 8 November 1971
should again be extended for - one year ,
             The Commission recommends that the Council :
- adopts the draft Decision annexed hereto concluding an agreement , in
  the form of an exchange of letters , extending the Trade Agreement
  between the European Economic Community and the Argentine Republic
   for a period of one year .
 ---pagebreak---                     RECOMMENDATION FOR A COUNCIL DECISION
concluding the Agreement in the form of an exchange of letters extending , ,-.
  the Trade Agreement between the European Economic Community and -the                                     1
                                                                •     ■   -X'        v                     "
                                 Argentine Republic             * -
                                                                               • y.''*'          f' -
                                                                 *" •       •• 'S "     * *' « * *
                                                                *       *       :'v *            i    V'.. ;
THE COUNCIL OF THE EUROPEAN COMMUNITIES                         \'
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 113 thereof ,                       -
Having regard to the Recommendation from the Commmission ,       •
Whereas the Trade Agreement between the European Economic Community
                             1
and the Argentine Republic should be extended for one year as provided
for in Article 9 < 2 ) thereof ,                                          . .
HAS DECIDED AS FOLLOWS :
                                  Article  1
              The Agreement in the form of an exchange of letters between
the European Economic Community and the Argentine Republic extending the
Trade Agreement signed in Brussels on 8 November 1971 is hereby concluded
on behalf of the European Economic Community .    The text of the exchange
of letters is annexed to this Decision .
                                  Article  2
            . The President of the Council is hereby authorized to
designate the persons empowered to sign the Agreement and to confer
on them the powers required in ordre to bind the Community .
              Done at Brussels ,                     For the Council
                                                      The President
     0 . J. N° 249 of 10.11.1971 , page 19
 ---pagebreak---                                 AGREEMENT
                IN THE  FORM OF AN EXCHANGE OF LETTERS
              EXTENDING THE TRADE AGREEMENT BETWEEN THE
                     EUROPEAN ECONOMIC COMMUNITY
                     AN THE ARGENTINE     REPUBLIC
                                                       *
A. Letter to the Argentine authorities
Si r .
         With reference to Article 9 ( 2 ) of the Trade Agreement between
the European Economic Community and the Argentine Republic signed in
Brussels on 8 November 1971 , I am pleased to inform you that the
European Economic Community agrees to the extension of the above
Agreement for a period of one year from 1 January 1980 .
         Please accept . Sir . the assurance of my highest consideration .
                                    For the Council of the
                                   . European Communities
 ---pagebreak---                                       - 2 -
B. Letter to the President of the Council of the European Communities
           . «            ··
Si r ,
             In your letter of                  , you informed me as follows
             " With reference to Article 9 ( 2 ) of the Trade Agreement
        •    " between the European Economic Community and the Argentine
             " Republic signed in Brussels on 8 November 1971 , I am pleased
             " to inform you that the European Economic Community agrees
             " to the extension of the above Agreement for a period of one
             " year from 1 January 1980 ."
             I am pleased to inform you , on behalf of the Government of
the Argentine Republic , that my Government also agrees to the extension
of the above Agreement for a period of one year from 1 January 1980 .
             Please accept , Sir , the assurance of my highest consideration .