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E1994X0922(01)

RECOMMENDATIONS BY THE JOINT PARLIAMENTARY COMMITTEE OF THE EEA adopted at the second meeting in Helsinki 26 and 27 April 1994

Official Journal L 247 , 22/09/1994 P. 0036 - 0038

RECOMMENDATIONS BY THE JOINT PARLIAMENTARY COMMITTEE OF THE EEA adopted at the second meeting in Helsinki 26 and 27 April 1994 THE EEA JOINT PARLIAMENTARY COMMITTEE,I. The four freedoms A. calls on the Member States of the European Union and the EEA/EFTA States to implement the EEA Agreement and its additional package according to the given timetable;B. calls on the EEA Joint Committee to issue an interim report on the functioning and development of the EEA Agreement;C. invites the EEA Council to decide on the basis of Article 121 on the compatibility of the Liechtenstein/Swiss regional union with the good functioning of the EEA Agreement;With regard to free movement of goodsD. invites the EEA Council on the basis of Article 9 (c) of the EEA Agreement to review the rules of origin, with the aim of developing all-European cumulation rules, in order to facilitate and expand trade relations between the European Union, the EFTA and the central and eastern European countries;E. calls on the EEA Council to harmonize the rules on outward processing of textiles;F. calls on the Commission of the European Communities to submit proposals for appropriate measures in order to ensure uniform enviroment standards of a high level for motor vehicles in all EEA Member States from 1 January 1995;G. requests the EEA Joint Committee to give information as to whether the recent decision to introduce minimum prices for imported fish is covered by the EEA Agreement;H. regrets recent actions to impose barriers on imports of fishery and paper products and calls on the Commission to prevent such barriers in the future;I. looks favourably upon requests for derogations from provisions on the maximum length and weight of vehicles used domestically primarily for forestry purposes;J. expresses its concern about the blockade of European borders in northern Greece with the former Yugoslav Republic of Macedonia which disturbs free movement of goods, not only with third countries, but also within the EEA, and awaits with interest the ruling of the European Court of Justice;With regard to the free movement of personsK. considers the free movement of workers as a crucial right within the EEA Agreement and urges the European Commission to ensure the immediate implementation of Article 7 (a) of the Treaty on European Union (free movement of persons);L. stresses the need for efficient implementation of a system of coordination of national social security schemes;M. underlines that the necessity of effectively implementing the system of mutual recognition of diplomas and calls on the EEA Joint Committee to deal with this matter urgently;N. calls for action to facilitate access to universities in the EEA by ensuring that students from other EEA countries cannot be charged higher tuition costs and fees than nationals of the country concerned;O. invites the authorities concerned to undertake measures to promote the free movement of persons by liberalizing border passport controls for citizens in the EEA countries;With regard to the free movement of capitalP. invites the European Commission to submit proposals for measures to secure efficient cross-border capital transactions and payments.II. Competition policy A. underlines the importance to be given to the application of the rules for fair competition on the territory of the EEA and the achievement, without delay, of the harmonization of practices with regard to competition as foreseen by the Agreement;B. draws the attention of the economic and political authorities of the EEA countries to the necessity to change certain practices. The obligation for notification of projects for State aids must be applied;C. underlines to the authorities of the European Union the importance of the efforts required by the EFTA countries. These efforts will ensure the success of the EEA Agreement and the possible integration of certain EFTA States into the European Union within a reasonable period of time;D. stresses the need for both the Commission of the European Communities and the EFTA Surveillance Authority (ESA) to assure a homogeneous application of competition rules in order to avoid 'forum shopping`;E. welcomes the speediness of the ESA to start its activities after the ratification of the EEA Agreement and underlines the importance of a close coordination of ESA activities with those of the Commission of the European Communities;F. the successful implementation and application of EEA competition rules depend to a large extent on the level and quality of information given to the economic operators;G. invites, therefore, the ESA and the Commission of the European Communities to provide an information campaign, especially for small and medium-sized enterprises, on practical issues of applied EEA competition law, on State aids and on public procurement. This handbook could be used by the economic operators in the interest of transparency;H. invites the ESA to work out an inventory of sectoral and regional aid systems applied in the EEA/EFTA States and to submit this inventory to the EEA JPC;I. asks the ESA and the Commission of the European Communities to investigate the competitive situation in certain sensitive industries like telecommunications, air transport, shipbuilding, interest rates in private banking, retail prices for automobiles, salmon fish farming and to analyse the application of competition law in the field of public procurement. The results of these investigations should be made available to the EEA JPC;J. expresses the opinion that the competition rules of the EEA should not be interpreted in a manner which would endanger the aims of the alcohol policies for the protection of public health in the Nordic countries;K. urges the EEA Council to seek a solution to the problems of jurisdiction which have prevented the investigation of a complaint concerning aids to salmon farming.III. Horizontal policies and flanking measures A. welcomes the full participation of the social partners of all the EEA Contracting Parties in the Social Dialogue;B. expresses the firm hope that appropriate modalities of participation for the EEA/EFTA States will soon allow them to be fully associated in the European Union programmes for elderly and handicapped people (Helius II) as well as in the activities of the Dublin Foundation;C. encourages the social partners at European level to play a positive role in combating unemployment and promoting a more employment-intensive growth pattern;D. emphasises the importance of developing and promoting equality of opportunity between women and men in employment and labour market policies; as well as in education and training, research and development;E. supports the formalization of cooperation between the EFTA Consumers Consultative Committee and the EU Consumers Consultative Council within the framework EEA Agreement;F. invites the Commission of the European Communities and the EFTA Standing Committee to work out jointly a Green Book on European consumer protection in order to evaluate the necessary elements of future EEA legislation in this matter;G. supports the principle and the introduction of a CO2/energy tax and expects the materialization of broad EEA cooperation in the follow-up to the EU Fifth Enviroment Action Programme and on climate change policy issues;H. supports the participation of the EEA/EFTA States in the activities of the European Enviroment Agency;I. emphasizes that the aim of the common enviromental measures within the EEA should be to reach a level of enviroment protection that ensures an ecologically sustainable development;J. underlines the importance of extending the EEA Agreement in order to include in it the EU Fourth Framework Programme on Research and Development;K. hopes that a decision be taken soon by the EEA Joint Committee extending the EEA Agreement in the field of small and medium-sized enterprises (SMEs), to full participation of the EEA/EFTA States in the programme, to ensure the continuity and consolidation of policy for SMEs;L. supports the integration of all EFTA/EEA partners in the strategic projects of the audio-visual and telecommunication programmes;M. expects that the new EU programmes on education will be adopted according to the foreseen time-schedule in order to allow for participation of the EEA/EFTA States;N. encourages full participation of the EEA/EFTA States in the EU Action Plan for Tourism.


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31999H0231

1999/231/EC: Council Recommendation of 22 March 1999 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1997

Official Journal L 086 , 30/03/1999 P. 0015 - 0015

COUNCIL RECOMMENDATION of 22 March 1999 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1997 (1999/231/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 206 thereof,Having regard to the Third ACP-EEC Convention, signed at Lomé on 8 December 1984,Having regard to Council Decision 86/283/EEC of 30 June 1986 on the association of the overseas countries and territories with the European Economic Community (1),Having regard to the Internal Agreement on the financing and administration of Community aid (2), signed in Brussels on 19 February 1985, as amended by Decision 86/281/EEC (3), and in particular Article 29(3) thereof,Having regard to the Financial Regulation of 11 November 1986 applicable to the Sixth European Development Fund (4), and in particular Articles 66 to 73 thereof,Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1984) (Sixth EDF) as at 31 December 1997 and the Court of Auditors' report relating to the financial year 1997 together with the Commission's replies (5),Whereas, pursuant to Article 29(3) of the Internal Agreement, the discharge for the management of the European Development Fund (1984) (Sixth EDF) must be given to the Commission by the European Parliament on a recommendation from the Council;Whereas the overall implementation by the Commission of the operations of the European Development Fund (1984) (Sixth EDF) during the financial year 1997 has been satisfactory,HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1984) (Sixth EDF) for the financial year 1997.Done at Brussels, 22 March 1999.For the CouncilThe PresidentG. VERHEUGEN(1) OJ L 175, 1. 7. 1986, p. 1.(2) OJ L 86, 31. 3. 1986, p. 210.(3) OJ L 178, 2. 7. 1986, p. 13.(4) OJ L 325, 20. 11. 1986, p. 42.(5) OJ C 349, 17. 11. 1998, p. 149.


Important legal notice

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52006SC0381

Recommandation from the Commission to the Council in order to authorise the Commission to open negotiations for an Agreement between the Government of the United States of America and the European Community on the coordination of energy-efficient labelling programmes for office equipment  /* SEC/2006/0381 final */

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 27.3.2006SEC(2006) 381 finalRECOMMANDATION FROM THE COMMISSION TO THE COUNCILin order to authorise the Commission to open negotiations for an Agreement between the Government of the United States of America and the European Community on the coordination of energy-efficient labelling programmes for office equipment1. EXPLANATORY MEMORANDUM1. GROUNDS AND OBJECTIVES OF THE PROPOSED AGREEMENTThis Recommendation from the Commission to the Council is concerning the authorisation for the Commission to open negotiations on an agreement with the U.S.A. establishing the basis for a jointly managed programme aiming at fostering the energy efficiency of office equipment – the ENERGY STAR programme. Since 2001 the EC and the U.S.A. have jointly carried out the ENERGY STAR programme for the energy labelling of office equipment (computers, monitors, printers, copiers etc.) on the grounds of the agreement between the U.S.A. and the EC[1] which will expire in June 2006. The programme was concluded for the EC by Council Decision 2003/269/EC[2] of 8 April 2003 (replacing Council Decision 2001/469/EC of 14 May 2001), and implemented in the Community by Regulation (EC) No 2422/2001 of the European Parliament and of the Council of 6 November 2001[3].Taking into account the views expressed in the EC Energy Star Board by the representatives of the Member States and by the other stakeholders, and the experiences gained during the first period of implementation of the ENERGY STAR programme, the Commission suggests to continue the EC ENERGY STAR programme and to open negotiations for concluding a new 5-year Agreement with the USA covering the period 2006 – 2011.2. THE ENERGY STAR PROGRAMMEEfficient use of energy is one of the main pillars for a sustainable energy policy in the EC. Enhancing energy efficiency contributes to the competitiveness of European economy, to the protection of the environment by mitigating climate change, and contributes to the security of energy supply[4].Office equipment has an important share in the electricity consumption in the EC. A recent study carried out in Germany estimates that office equipment accounts for approximately 5% of the overall electricity consumption[5]. The consumption may increase since possible reduction of standby and off-mode losses may be overcompensated by increased energy consumption in on-mode.In order to contribute to a sustainable energy policy meeting the objectives mentioned above, the energy performance of office equipment has to be further optimized. The ENERGY STAR programme establishes a framework for fostering energy efficiency of office equipment by coordination of labelling schemes for those products in the U.S.A. and in the EC. The ENERGY STAR programme owned by the US Environmental Protection Agency (EPA) is also implemented by other main trading partners worldwide (e.g. Japan, Canada, Australia, South Korea).The ENERGY STAR programme offers the possibility to manufacturers of office equipment to register on a voluntary basis those products which comply with energy efficiency requirements (technical specifications) set by the programme and to make use of the ENERGY STAR label/logo for marketing purposes. The ultimate goal is to encourage and support procurers and consumers to purchase energy efficient devices and to use the equipment efficiently.3. EXISTING PROVISIONS IN THE AREA OF THE PROPOSED AGREEMENTThe first agreement between the U.S.A. and the EC will expire in June 2006. A new agreement should take into account the experiences gained during the implementation of the ENERGY STAR programme in the EC during the years 2001 until 2005. The assessment of that first period is summarized in the “Communication from the Commission to the Council and the European Parliament on the implementation of the ENERGY STAR programme in the European Community in the period 2001 – 2005”.Directive 92/75/EEC[6] on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances provides a framework for mandatory labelling of the energy performance of “domestic” appliances. The ENERGY STAR programme regulation is a voluntary labelling scheme limited to office equipment. Office equipment is used more and more in the domestic sector and could therefore also fall under the scope of the 92/75/EC Directive. However Directive 92/75/EEC is not the most appropriate instrument for energy labelling of office equipment for the following reasons:-  the high innovation speed and rapid product development cycles in the office equipment sector offers potential for energy savings which can be best captured by swift adaptations of the efficiency performance criteria;-  coordinating the Member States’ and Community efforts with the other main world trading partners for energy labelling of office equipment minimises the costs for manufacturers, for trade and consequently for purchasers and users of office equipment.Directive 2005/32/EC[7] establishes a framework for the setting of mandatory ecodesign requirements for energy-using products. The ecodesign concept addresses the design phase of a product and takes into account the entire product life cycle. Energy efficiency is an important but not the only aspect. While in the framework of ecodesign measures minimum requirements for the environmental performance of a specific product, in particular energy efficiency, could be defined, the ENERGY STAR programme aims at pulling the market towards higher energy efficiency performance and provides incentives for the manufacturers to optimize the energy performance of office equipment. Therefore the ENERGY STAR programme and possible ecodesign implementing measures are complementary for those products covered by both schemes and important synergies between those instruments could be exploited to reduce costs (e.g. common measurement methods, studies).4. CONSULTATION OF THE ENERGY STAR STAKEHOLDERS 2001-2005On the grounds of the Agreement currently in force the Commission was entrusted to implement the ENERGY STAR programme as management entity with the support of a consultative body – the EC Energy Star Board (ECESB). The Commission was requested to evaluate the functioning of the Agreement for that first 5 years period and draw conclusions for a possible renewal of the Agreement in consultation with the ECESB and with the US EPA.The Commission consulted Member States, the EFTA countries (who joined the Programme in 2004) and stakeholders, in particular office equipment manufacturers and associations, experts on market transformation (energy agencies from Member States), environmental NGOs (e.g. the WWF) and consumer organisations (ANEC) during the meetings of the ECESB and its technical subgroups. In addition, the Commission organised a dedicated workshop (April 2004, Frankfurt/Main) where the general baseline of the ENERGY STAR Programme for office equipment was discussed.There is support from all the Stakeholders for concluding a new Energy Star Agreement with the U.S.A. under the provision that the programme should be implemented more effectively in the EC. In particular, the procedure for updating the technical specifications should be simplified. This is needed in order to cope with the highly innovating character and fast product development cycles of office equipment, thereby ensuring the effectiveness and the credibility of the programme, which largely depends on the level of ambition of the technical specifications to qualify for the ENERGY STAR logo. Therefore stakeholders consider that in principle the technical specifications should be set such that at the time of criteria definition only about 25% of the models available on the market could qualify for being awarded the label.During the meeting on 2 December 2005 the parties in the ECESB have endorsed the suggestion of the Commission staff to continue with the EC ENERGY STAR programme for a second period of implementation in the EC. The ECESB supported largely the working documents presented which take into account the modifications mentioned above.5. SUGGESTION OF THE COMMISSION FOR THE RENEWAL OF THE ENERGY STAR AGREEMENT WITH THE U.S.A.In view of the above, the Commission suggests to continue the participation of the EC in the ENERGY STAR programme on the following grounds:-  Efficient use of energy is one of the main pillars for a sustainable energy supply in the EC. The Commission’s green paper on energy efficiency identifies the following major benefits of efficient use of energy: securing the competitiveness of European economy benefiting from reduced spending on energy, environmental protection due to a reduction of the carbon dioxide emissions caused by energy use, security of energy supply due to reduction of energy demand and hence reduction of dependency on energy imports.-  Office equipment has an important share in the electricity consumption in the EC. Without taking measures the consumption may increase since possible reduction of standby and off-mode losses may be overcompensated by increased energy consumption in on-mode. In order to meet the targets defined in the green paper on energy efficiency, the energy performance of office equipment has to be further optimized.-  The EC ENERGY STAR programme provides a framework for coordinating the national efforts of the EC Member States to improve the energy efficiency of office equipment. A coordinated approach is necessary in order to minimise the adverse impact on industry and trade since national un-coordinated requirements would impose additional costs for manufacturers, trade and consequently purchasers and users of office equipment.-  Since office equipment is traded worldwide measures to optimize its energy efficiency should be implemented together with globally acting partners and decision makers. A harmonized approach reduces programme implementing costs and avoids confusion for consumers. The ENERGY STAR programme provides a framework for the coordination of the actions aiming at the improvement of the energy efficiency of office equipment with the U.S.A., Japan and other key markets. The ENERGY STAR programme owned by the US-EPA and managed by the European Commission for the EC and for the EEA is therefore the natural platform for measures aiming at improving the energy efficiency of office equipment through labelling.-  The ENERGY STAR voluntary programme is widely accepted by manufacturers. Furthermore, in the U.S.A. it is important for public procurement since the technical specifications have to be respected by public procurement activities. Therefore it is expected that the ENERGY STAR technical specifications will - after a certain period - be fufilled by a large share of the equipment available on the market. Therefore significant energy savings may be achieved provided that technical specifications are demanding (e.g. covering 25% of the models as suggested in the negotiating directives in the annex) at the time of criteria definition. The Commission believes that the input of EC experts is important and contributes to developing consistent and demanding technical specifications.-  Although it is not possible to quantify to what extent, the Commission services consider that the ENERGY STAR programme for office equipment has contributed to an improvement of the energy efficiency of office equipment sold in the EU. On the other hand, significant potentials to improve the energy performance of office equipment in a cost-effective manner still exist. However rapid innovation speed and product development cycles require highly flexible instruments such as e.g. voluntary labelling schemes which may more swiftly adapt to technological and market developments.-  The programme enhances the market transparency in the office equipment sector, particularly regarding the energy performance of office equipment. This is a prerequisite for activities aiming at motivating both consumers, tertiary sector and public procurement authorities to include the energy efficiency and the total cost of ownership including the expenses for the electricity consumption in the purchasing decision. In particular, the ENERGY STAR database managed by the EPA and the Commission may be used as a basis for activities of national, regional and local authorities to promote particularly energy efficient office equipment.It is therefore suggested to negotiate a new agreement with the US Governement for a second period of 5 years. Setting such a time limitation leaves total flexibility to all involved parties to reconsider the benefit of the ENERGY STAR programme as a policy instrument to further improve the energy efficiency of office equipment.  2. RECOMMENDATIONIn the light of the above, the Commission recommends:1. that the Council authorise the Commission to negotiate an Agreement between the Government of the United States of America and the European Community on the coordination of energy-efficient labelling programs for office equipment;2. that, since in accordance with the Treaty, the Commission will conduct these negotiations on behalf of the European Community, the Council appoint a special committee to assist it in this task;3. that the Council shall issue the appended negotiation directives found in the Annex to this Recommendation.ANNEXNEGOTIATING DIRECTIVES1. The Commission shall ensure that the draft Agreement contains the provisions listed below. These preliminary provisions have been elaborated during exploratory discussions with the Environmental Protection Agency of the U.S.A. as foreseen in Article XII, par. 2. of the Agreement currently in force[8].-  General PrinciplesA common set of energy-efficiency specifications and a common logo shall be used by the Parties for the purpose of establishing consistent targets for manufacturers, thereby maximizing the effect of their individual efforts on the supply of and demand for such product types.The Parties shall use the Common Logo for the purpose of identifying qualified energy-efficient product types listed in Annex C.The Parties shall ensure that Common Specifications encourage continuing improvement in efficiency, taking into account the most advanced technical practices on the market.The Common Specifications strive to represent no more than the top 25 percent of models for which data is available at the time the specifications are set while also taking other factors into consideration.-  DefinitionsFor the purposes of this Agreement:“ENERGY STAR” means the U.S.-registered service mark designated in Annex A and owned by the United States Environmental Protection Agency (“U.S. EPA”);“Common Logo” means the U.S.-registered certification mark designated in Annex A and owned by U.S. EPA;“ENERGY STAR Marks” means the “ENERGY STAR” name and the Common Logo, as well as any versions of these marks that may be developed or modified by the Management Entities or Programme Participants, as herein defined, including the sign or marking contained in Annex A of this Agreement;“ENERGY STAR labelling programme” means a programme administered by a Management Entity using common energy-efficiency specifications, marks, and guidelines to be applied to designated product types;“Programme Participants” means manufacturers, vendors, or resale agents that sell designated, energy-efficient products that meet the specifications of and who have chosen to participate in, the ENERGY STAR labelling programme by registering or entering an agreement with the Management Entity of either Party;“Common Specifications” are the applicable energy-efficiency and performance requirements, including testing methods listed in Annex C, used by Management Entities and Programme Participants to determine qualification of energy-efficient products for the Common Logo.-  Management EntitiesEach Party hereby designates a management entity responsible for implementation of this Agreement (the “Management Entities”). The European Community designates the Commission of the European Communities (“Commission”) as its Management Entity. The United States of America designate the U.S. EPA as its Management Entity.-  Administration of the ENERGY STAR labelling programmeEach Management Entity shall administer the ENERGY STAR labelling programme for the energy-efficient product types listed in Annex C, subject to the terms and conditions set forth in this Agreement. Programme administration includes registering Programme Participants on a voluntary basis, maintaining Programme Participant and compliant product lists, and enforcing the terms of the Guidelines for Proper Use of the ENERGY STAR Name and Common Logo set forth in Annex B.The ENERGY STAR labelling programme shall use the Common Specifications listed in Annex C.Each Management Entity shall bear the expenses for all of its activities under this Agreement.-  Participation in the ENERGY STAR Labelling ProgramAny manufacturer, vendor or resale agent may enter the ENERGY STAR Labelling Programme by registering as a Programme Participant with the Management Entity of either Party.Programme Participants may use the Common Logo to identify qualified products that have been tested in their own facilities or by an independent test laboratory and that meet the Common Specifications set forth in Annex C and may self-certify product qualification.The registration of a Programme Participant in the ENERGY STAR Labelling Programme by the Management Entity of one Party shall be recognized by the Management Entity of the other Party.To facilitate the recognition of Programme Participants in the ENERGY STAR Labelling Programme in accordance with the previous paragraph , the Management Entities shall cooperate in order to maintain common lists of all Programme Participants and products that qualify for the Common Logo.Notwithstanding the self-certification procedures specified in the second paragraph of this section, each Management Entity reserves the right to test or otherwise review products that are or have been sold within its territories (in the territories of the European Community Member States in the case of the Commission) to determine whether the products are certified in accordance with the Common Specifications set forth in Annex C. The Management Entities shall communicate and cooperate fully with one another to ensure all products bearing the Common Logo meet the Common Specifications set forth in Annex C.-  Programme Coordination between the PartiesThe Parties shall establish a Technical Commission to review implementation of this Agreement, composed of representatives of their respective Management Entities.In principle, the Technical Commission shall meet annually and shall consult at the request of one of the Management Entities to review the operation and administration of the ENERGY STAR Labelling Program, the Common Specifications set forth in Annex C, product coverage, and the progress in achieving the objectives of this Agreement.Non-parties (including other governments and industry representatives) may attend meetings of the Technical Commission as observers, unless otherwise agreed by both Management Entities.-  Registration of the ENERGY STAR MarksThe U.S. EPA, as owner of the ENERGY STAR marks, has registered the marks in the European Community as Community Trade Marks. The Commission shall not seek or obtain any registration of the ENERGY STAR marks or any variation of the marks in any country.The U.S. EPA undertakes not to consider as an infringement of these marks the use, by the Commission or by any Programme Participant registered by the Commission, of the sign or marking contained in Annex A in accordance with the terms of this Agreement.-  Enforcement and Non-ComplianceIn order to protect the ENERGY STAR marks, each Management Entity shall ensure the proper use of the ENERGY STAR marks within its territory (within the territories of the European Community Member States in the case of the Commission). Each Management Entity shall ensure that the ENERGY STAR marks are used only in the form that appears in Annex A. Each Management Entity shall ensure that the ENERGY STAR marks are used solely in the manner specified in the Guideline for Proper Use of the ENERGY STAR Name and Common Logo set forth in Annex B.Each Management Entity shall ensure that prompt and appropriate action is taken against Programme Participants, whenever it has knowledge that a Programme Participant has used an infringing mark or has affixed the ENERGY STAR marks to a product that does not comply with the Common Specifications set forth in Annex C. Such actions shall include, but not be limited to:-  informing the Programme Participant in writing of its non- compliance with the terms of the ENERGY STAR labelling programme;-  through consultations, developing a plan to reach compliance; and-  if compliance cannot be reached, terminating the registration of the Programme Participant, as appropriate.Each Management Entity shall ensure that all reasonable actions are taken to end the unauthorized use of the ENERGY STAR marks or use of an infringing mark by an entity that is not a Programme Participant. Such actions shall include, but shall not be limited to:-  informing the entity using the ENERGY STAR marks of ENERGY STAR labelling programme requirements and Guidelines for Proper Use of the ENERGY STAR Name and Common Logo; and-  encouraging the entity to become a Programme Participant and register qualified products.Each Management Entity shall immediately notify the Management Entity of the other Party of any infringement of the ENERGY STAR marks of which it has knowledge as well as the action taken to end such infringement.-  Procedures for Amending the Agreement and its Annexes A and B, and for Adding New AnnexesEither Management Entity may propose an amendment to this Agreement and to its Annexes A and B, and may propose new annexes to the Agreement.A proposed amendment shall be made in writing and shall be discussed at the next meeting of the Technical Commission, provided that it has been communicated to the other Management Entity at least sixty days in advance of such meeting.Amendments to this Agreement, to its Annexes A and B, and decisions to add new annexes shall be made by mutual agreement of the Management Entities.-  Procedures for Amending Annex CA Management Entity seeking to amend Annex C to revise existing Common Specifications or to add a new product type (“Proposing Management Entity”) shall follow the procedures set forth in paragraphs 1 and 2 of the previous section, and shall include in its proposal:-  a demonstration that significant energy savings would result from revising the Specifications or adding the new product type;-  as appropriate, energy consumption requirements for various power consumption modes;-  information on the standardized testing protocols to be used in evaluating the product;-  evidence of existing non-proprietary technology that would make possible cost-effective energy savings without negatively affecting product performance;-  information on the estimated number of product models that would meet the proposed specification and approximate market share represented;-  information on the views of industry groups potentially affected by the proposed amendment; and-  a proposed effective date for the new Specifications, taking into consideration product life cycles and production schedules.Proposed amendments that are accepted by both Management Entities shall enter into force on a date mutually agreed by the Management Entities.If, after receipt of a proposal made in accordance with paragraphs 1 and 2 of the previous section, the other Management Entity (“Objecting Management Entity”) is of the view that the proposal does not meet the requirements specified in Paragraph 1 above or otherwise objects to the proposal it shall promptly (normally by the next Technical Commission Meeting) notify the Proposing Management Entity in writing of its objection and shall include any available information supporting its objection; for example, information demonstrating that the proposal, if adopted, would likely:-  disproportionately and unfairly confer market power on one company or industry group;-  undermine overall industry participation in the ENERGY STAR labelling program;-  conflict with its laws and regulations; or-  impose burdensome technical requirements.The Management Entities shall make best efforts to reach agreement on the proposed amendment at the first meeting of the Technical Commission following the proposal. If the Management Entities are unable to reach agreement on the proposed amendment at this Technical Commission meeting, they shall seek to reach agreement in writing prior to the subsequent Technical Commission meeting.If, by the end of the subsequent Technical Commission meeting, the Parties are unable to reach agreement, the Proposing Management Entity shall withdraw its proposal; and with respect to proposals to revise existing Specifications, the corresponding product type shall be removed from Annex C by the date agreed upon in writing by the Management entities. All Programme Participants shall be informed of this change and of the procedures to be followed to implement this change.When preparing new specifications or revising existing specification, the Management Entities shall ensure effective coordination and consultation among themselves and with their respective stakeholders, particularly with regard to the content of working documents and timelines.-  General ProvisionsOther environmental labelling programs are not covered by this Agreement and may be developed and adopted by either of the Parties.All activities undertaken under this Agreement shall be subject to the applicable laws and regulations of each Party and to the availability of appropriated funds and resources.Nothing in this Agreement shall affect the rights and obligations of any Party deriving from a bilateral, regional or multilateral agreement into which it has entered prior to the entry into force of this Agreement.Without prejudice to any other provisions of this Agreement, either Management Entity may run labelling programs with respect to product types not included in Annex C. Notwithstanding any other provisions of this Agreement, neither Party shall hinder the import, export, sale or distribution of any product because it bears the energy-efficiency marks of the Management Entity of the other Party.-  Entry into Force and DurationThis Agreement shall enter into force on the date upon which each Party has notified the other in writing that its respective internal procedures necessary for its entry into force have been completed.This Agreement shall remain in force for a period of five years. At least one year prior to the end of this period, the Parties shall meet to discuss renewal of this Agreement.-  TerminationEither Party may terminate this Agreement at any time by providing three months written notice to the other Party.In the event of termination or non-renewal of this Agreement, the Management Entities shall inform all Programme Participants which they have registered of the termination of the joint program. Moreover, Management Entities shall inform the Programme Participants which they have registered that each Management Entity may continue the labelling activities under two separate individual programs. In this case, the European Community labelling programme will not use the ENERGY STAR marks. The Commission shall ensure that itself, the Member States of the European Community and any Programme Participants which it has registered cease using the ENERGY STAR marks by the date agreed upon in writing by the Management Entities. The obligations contained in this paragraph shall survive the termination of this Agreement.-  Annex A to the agreementAnnex A defines the Common Logo.-  Annex B to the agreementAnnex B contains the guidelines for using the Common Logo.-  Annex C to the agreementAnnex C contains the common technical specifications for the equipment covered by the agreement – i.e. for computers, computer monitors, imaging equipment (printers, copiers, scanners, multifunction devices), fax machines, mailing machines – in the latest version available when the agreement is signed.2. The Commission shall report to the Council on the outcome of the negotiations and, where appropriate, on any problem that may arise during the negotiations. [1] OJ L 172, 26.6.2001, p. 3[2] OJ L 99, 17.4.2003, p. 47[3] OJ L 332, 15.12.2001, p. 1[4] Green paper on energy efficiency or doing more with less, COM(2005) 265 final of June 2005[5] “Technical and legal application possibilities of the compulsory labelling of the standby consumption of electrical household and office appliances”, Fraunhofer-Institute for Systems and Innovation Research, Karlsruhe, Munich, Dresden, June 2005[6] OJ L 297, 13.10.1992, p. 16[7] OJ L 191, 22.7.2005, p. 29[8] OJ L 172, 26.06.2001, p.3


title: 2014/663/EU: Commission Recommendation of 11 September 2014 amending the Annex to Recommendation 2013/711/EU on the reduction of the presence of dioxins, furans and PCBs in feed and food  Text with EEA relevance

text:
               13.9.2014

               EN

               Official Journal of the European Union

               L 272/17

         COMMISSION RECOMMENDATION
   of 11 September 2014
   amending the Annex to Recommendation 2013/711/EU on the reduction of the presence of dioxins, furans and PCBs in feed and food
   (Text with EEA relevance)

      (2014/663/EU)

   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,
   Whereas:

               (1)

               Action levels for dioxins and dioxin-like PCBs have been set by Commission Recommendation 2013/711/EU (1) in order to stimulate a pro-active approach to reduce the presence of dioxins and dioxin-like PCBs in food.

               (2)

               It is appropriate to align the action level for dioxin-like PCBs in clays as food supplement to the action level applicable to the same clays intended for animal feed as established by Directive 2002/32/EC of the European Parliament and of the Council (2) and to align the action level for dioxins and dioxin-like PCBs in cereals intended for human consumption to the action levels applicable to cereals intended for animal feed.

               (3)

               Oilseeds have been found contaminated with dioxins and dioxin-like PCBs and while an action level was established for oilseeds intended for animal feed, no such level was established for oilseeds intended for human consumption. Therefore, it is appropriate to set action levels for dioxins and dioxin-like PCBs in oilseeds intended for human consumption.

               (4)

               For dried fruits and vegetables (including dried herbs) it is appropriate to apply specific concentration factors for the drying as provided for in Article 2 of Commission Regulation (EC) No 1881/2006 (3).

               (5)

               Recommendation 2013/711/EU should therefore be amended accordingly,

         HAS ADOPTED THIS RECOMMENDATION:
   The Annex to Recommendation 2013/711/EU is replaced by the Annex to this Recommendation

      Done at Brussels, 11 September 2014.

            For the Commission

         Tonio BORG

            Member of the Commission

      (1)  Commission Recommendation 2013/711/EU of 3 December 2013 on the reduction of the presence of dioxins, furans and PCBs in feed and food (OJ L 323, 4.12.2013, p. 37).

      (2)  Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed (OJ L 140, 30.5.2002, p. 10).

      (3)  Commission Regulation (EC) No 1881/2006 of 19 December 2006 setting maximum levels for certain contaminants in foodstuffs (OJ L 364, 20.12.2006, p. 5).

      ANNEX

            ‘ANNEX
            For the purposes of this Annex the following definitions apply:

                        (a)

                        “Dioxins + furans (WHO-TEQ)” means the sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs), expressed as World Health Organisation (WHO) toxic equivalent using the WHO-toxic equivalency factors (WHO-TEFs);

                        (b)

                        “Dioxin-like PCBs (WHO-TEQ)” means the sum of polychlorinated biphenyls (PCBs), expressed as WHO toxic equivalent using the WHO-TEFs;

                        (c)

                        “WHO-TEFs” means the World Health Organisation toxic equivalence factors for human risk assessment based on the conclusions of the World Health Organization (WHO) — International Programme on Chemical Safety (IPCS) expert meeting which was held in Geneva in June 2005 (Martin van den Berg et al., The 2005 World Health Organization Re-evaluation of Human and Mammalian Toxic Equivalency Factors for Dioxins and Dioxin-like Compounds. Toxicological Sciences 93(2), 223–241 (2006)).

                        FOOD

                        ACTION LEVEL FOR DIOXINS + FURANS (WHO-TEQ) (1)

                        ACTION LEVEL FOR DIOXIN-LIKE PCBS (WHO-TEQ) (1)

                        Meat and meat products (excluding edible offal) (2) of the following animals

                                    —

                                    bovine animals and sheep

                                    —

                                    poultry

                                    —

                                    pigs

                              Mixed fats

                        1,75 pg/g fat (3)

                        1,25 pg/g fat (3)

                        0,75 pg/g fat (3)

                        1,00 pg/g fat (3)

                        1,75 pg/g fat (3)

                        0,75 pg/g fat (3)

                        0,50 pg/g fat (3)

                        0,75 pg/g fat (3)

                        Muscle meat of farmed fish and farmed fishery products

                        1,50 pg/g wet weight

                        2,50 pg/g wet weight

                        Raw milk (2) and dairy products (2), including butter fat

                        1,75 pg/g fat (3)

                        2,00 pg/g fat (3)

                        Hen eggs and egg products (2)

                        1,75 pg/g fat (3)

                        1,75 pg/g fat (3)

                        Clays as food supplement

                        0,50 pg/g wet weight

                        0,50 pg/g wet weight

                        Cereals and oilseeds

                        0,50 pg/g wet weight

                        0,35 pg/g wet weight

                        Fruits and vegetables (including fresh herbs) (4)

                        0,30 pg/g wet weight

                        0,10 pg/g wet weight

         (1)  Upperbound concentrations: Upperbound concentrations are calculated assuming that all the values of the different congeners less than the limit of quantification are equal to the limit of quantification.

         (2)  Foodstuffs listed in this category as defined in Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin (OJ L 139, 30.4.2004, p. 55).

         (3)  The action levels are not applicable for food products containing < 2 % fat.

         (4)  For dried fruits and dried vegetables (including dried herbs), Article 2 of Regulation (EC) No 1881/2006 is applicable. For dried herbs, a concentration factor as the consequence of drying of 7 has to be taken into account.’


Avis juridique important

|

32000H0225

2000/225/EC: Council Recommendation of 13 March 2000 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1989) (seventh EDF) for the financial year 1998

Official Journal L 071 , 18/03/2000 P. 0026 - 0026

COUNCIL RECOMMENDATIONof 13 March 2000concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (1989) (seventh EDF) for the financial year 1998(2000/225/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the fourth ACP-EC Convention, signed at Lomé on 15 December 1989, as amended by the agreement signed at Mauritius on 4 November 1995,Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territorties with the European Economic Community(1),Having regard to the Internal Agreement on the financing and administration of Community aid(2), signed in Brussels on 16 July 1990, and in particular Article 33(3) thereof,Having regard to the Financial Regulation of 29 July 1991 applicable to the seventh European Development Fund(3), and in particular Articles 69 to 77 thereof,Having examined the revenue and expenditure account and the balance sheet relating to the operations of the European Development Fund (1989) (seventh EDF) as at 31 December 1998 and the Court of Auditors' report relating to the financial year 1998 together with the Commission's replies(4),Whereas:(1) Pursuant to Article 33(3) of the Internal Agreement, the discharge for the management of the European Development Fund (1989) (seventh EDF) must be given to the Commission by the European Parliament on a recommendation from the Council.(2) The overall implementation by the Commission of the operations of the European Development Fund (1989) (seventh EDF) during the financial year 1998 has been satisfactory,HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the European Development Fund (1989) (seventh EDF) for the financial year 1998.Done at Brussels, 13 March 2000.For the CouncilThe PresidentJ. PINA MOURA(1) OJ L 263, 19.9.1991, p. 1.(2) OJ L 229, 17.8.1991, p. 288.(3) OJ L 266, 21.9.1991, p. 1.(4) OJ C 349, 3.12.1999, p. 181.


title: RECOMMENDATION FOR A REGULATION (EEC) OF THE COUNCIL on the conclusion of the Commercial Cooperation Agreement between the European Economic Community and the People's Republic of Bangladesh. (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 396
Vol. 1976/0119
 ---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
                 •                         v-                  _  :      /
                               "                       f'
                                                    COM(76 ) 396 final .
                                                    Brussels . 23 July 1976 .
               RECOMMENDATION FOR A REGULATION (EEC ) OP THE COUNCIL
            on the conclusion of the Commercial Cooperation Agreement
                     ■between the European Economic Community and
                          the People 's Republic of Bangladesh .
                   ( submitted to the Council by the Commission )
                                    /
                                  \
COM(76) 396 final .
 ---pagebreak---                                                              1/241 / 76-E
                            EXPLANATORY MEMORANDUM
1.    On 15 October 1974 "the Council authorized the Commission to enter
into negotiations with Bangladesh for a Commercial Cooperation Agreement ;     at
the same time the Council approved a series of directives for the nego
tiations , and these were supplemented on 20th May 1975 with am additional
directive on the question of access to natural resources .
2.    Formal negotiations with Bangladesh took place in two sessions , on
2nd July 1975 and. 10th/l1th March 1976 , ajid a total of five meetings were
held of the Special Committee set up under Article 113 of the Treaty of Rome ,
to advise the Commission on points arising out of the negotiations . Agree
ment having been reached thereon between the two delegations , the following
texts in the English language were initialled on 18th May 1976 :
- Commercial , Cooperation Agreement between the European Economic Community
   and the People , s Republic of Bangladesh ;
- Annex I , being a Joint Declaration concerning the functioning of the
   Joint Commission ;
- Annex II , being an exchange of letters on bilateral tariff bindings
   by the Community ;
- Annex III , being a declaration of the European Economic Community concern
   ing tariff adjustments ;
- Annex IV , being a declaration of the Government of the People 's Republic
   of Bangladesh concerning tariff adjustments .
Attention is here drawn to the fact that , when the Council approved the
negotiation directives , it was foreseen that Bangladesh would request tariff
                                               VJf
concessions on a number of products of exporv ^wrest to it , but no specific
provision was made in the directives for such concessions .    The concessions
now proposed are the subject of the exchange of letters in Annex II .
3.    The terms of the proposed agreement are very similar to those of the
Commercial Cooperation Agreements concluded with India, Sri Lanka and
Pakistan , such few innovations as occur having been introduced either in
recognition of the special characteristics of the Bangladesh economy or in
 ---pagebreak--- an endeavour to fulfil the Council * s supplementary directive on natural
resources .   For the former reason , two clauses have "been included in the
Preamble referring to Bangladesh " as one    of the least developed of the
developign oourrtries " and recognizing " the special characteristics and needs"
of its economy . In Article 1 , "comparative advantage" has "been omitted as
a "basis for developing commercial exchanges (though it remains in the
Preamble ) , and "raising the volume of their mutual trade " has been added as
an objective alongside improving the trade balance . In Article 4 it is
specified that the particular measures to be talcen to promote the develop
ment and diversification of trade shall be " relevant to the improvement
of export opportunities " and would " contribute to realising the trade
potential of the economies " of the Contracting Parties . These provisions
reflect the fact that , in its present undiversified stage of development ,
Bangladesh needs not only favourable external conditions for exports , but
also assistance in creating internal capacity to benefit from such conditions .
There is also an addition to the list of the tasks proposed for the Joint
Commission, namely Article 10(e ), which reads :
      " to devise and recommend measures , including assistance for the
        training of executives and for publioity , market intelligence and
        expert services , to promote the development and diversification of
        trade between the Contracting Parties ."
This spells out certain measures which Bangladesh hopes the Community will
undertake under the aegis of the Joint Commission .
4.    The negotiation of Annex I was affected by the Council 's supplementary
directive of 20th May 1975 » which reads as follows :
      "The Commission will endeavour to obtain the insertion in the
        Agreement of provisions guaranteeing non-discriminatory access
        of the Community to the natural resources of Bangladesh . Under
        its terms of reference , the Joint Committee could be instructed
        to examine and explore the ways and means of a cooperation between
        the Community and Bangladesh in this field ."
 ---pagebreak--- In the course of    negotiations , the Bangladesh aide made clear that its
Government could    not accept a provision concerning access to natural
resouroes which ,   on the face of it , failed to treat "both Contracting Parties
equally. Basing     itself on the second sentence of the directive , the
Commission therefore negotiated the following addition to the precedential
version of Annex Is
       "4 . Subject to the agreement of the Contracting Parties when
            drawing up the agenda of the Joint Commission, this may
            include cooperation on mutually satisfactory terms in
            the development and utilization of natural resources and
            in other areas which may be identified as of particular
            importance to the trade potential of Bangladesh. 11 .
Though expressed in terms which relate equally to both Contracting Parties ,
this paragraph will in practice (as acknowledged by the Bangladesh nego
tiators ) be applied exclusively to questions arising in connection with
natural resources in Bangladesh .     The concluding olause , covering " other
areas which may be identified as of particular importance to the trade
potential of Bangladesh", is to be interpreted in the light of Article 5
whioh permits economic cooperation, where linked with trade .
5.     The text of the introductory paragraph of the Community 's letter in
Annex II expresses more clearly than its counterpart in the Indian and
Sri Lanka Agreements that the tariff ooncession being granted is a bilateral
binding in favour of Bangladesh of existing autonomous tariff rates . Of
the nine items included in the appended list , one , the fish Hilsa . is an
" ex" item from a tariff Bub-heading which is autonomously free in the CCT ;
three (tea in packages not exceeding 3 kg; tea otherwise packed; and East India
Kips not exceeding 4»5 kg)         already bound under the agreements with India and
Sri Lanka; and five are types of semi–finished leather (East India Kips
4 « 5 to 8 kg; bovine skins wet-blue ; and sheep , goat and other skins not
further prepared than tanned) which Community processors import as raw
materials and on which duties have been suspended in recent years .
 ---pagebreak---                                        - 4 -
 6m    Annexes III and IV differ from the corresponding annexes of the Indian
 and Sri Lanka agreements only in -that the statement in Annex IV that
 Ban adoeh fnsvy notify the Community of products in respeot of which tariff
concessions are desired is specifically noted by the Community in Annex III#
 This change was introduced for the sake of symmetry "between the two Annexes .
7«     The Commission considers that the terms of the proposed Agreement
itself and of its Annexes I t III and IV are consistent with the directives
given by the Council , and that it is desirable to grant Bangladesh the
bilateral tariff bindings foreseen in Annex II, in respect of which no
specific directive was given. The Commission accordingly recommends that
the Council :
    agree to the tariff concessions set out in Annex Ily
r- approve the proposal for a Commercial Cooperation Agreement with the
    People 's Republic of Bangladesh, inclusive of four Annexes , in the
    terms of the appended texts ;  and
– initiate tne procedures for the signature and conclusion of the said
    Agreement .
8.     Uitn a view to the conclusion and implementation of the Agreement , the
Commission herewith lays before the Council :
- a Recommendation for a Regulation (EEC ) of the Council on the conclusion
    of the Commercial Cooperation Agreement with the People 's Republic of
    Bangladesh .
 ---pagebreak---  In the course of negotiations , the Bangladesh side made clear that its
Government could not accept a provision concerning aooess to natural
resouroes which , on the faoe of it , failed to treat "both Contracting Parties
equally. Basing itself on the second sentence of the directive , the
Commission therefore negotiated the following addition to the precedential
version of Annex Is
      "4 . Subject to the agreement of the Contracting Parties when
           drawing up the agenda of the Joint Commission , this may-
           include cooperation on mutually satisfactory terms in
           the development and utilization of natural resources and
           in other areas which may be identified as of particular
           importable e to the trade potential of Bangladesh ." ,
Though expressed in terms which relate equally to both Contracting Parties ,
this paragraph will in practice (as acknowledged by the Bangladesh nego
tiators ) be applied exclusively to questions arising in connection with
natural resources in Bangladesh .     The concluding olause , covering " other
areas which may be identified as of particular importance to the trade
potential of Bangladesh", is to be interpreted in the light of Article 5
whioh permits economic cooperation, where linked with trade .
5.    The text of the introductory paragraph of the Community 's letter in
Annex II expresses >more clearly than its counterpart in the Indian and
Sri Lanka Agreements that the tariff ooncesBion being granted is a bilateral
binding in favour of Bangladesh of existing autonomous tariff rates .       Of
the nine items included in the appended list , one , the fish Hilsa. is an
" ex" item from a tariff sub-heading     which is autonomously free in the CCT ;
three (tea in packages not exceeding 3 kg; tea otherwise packed ; ana East India
Kips not exceeding 4*5 kg) are already bound under the agreements with India and
Sri Lanka; and five are types of semi-finished leather (East India Kips
4.5 to 8 kg; bovine skins wet-blue ; and sheep , goat and other skins not
further prepared than tanned) which Community processors import as raw
materials and on which duties have been suspended in recent years .
 ---pagebreak---                                        - 4 -
6.     Annexes III and IV differ from the corresponding annexes of "the Indian
and Sri Lanka agreements only in that the statement in Annex IV that
Bangladesh may notify the Community of products in respect of which tariff
concessions are desired is specifically noted by the Community in Annex III.
This change was introduced for the sake of symmetry between the two annexes .
7 . The Commission considers that the terms of the proposed Agreement
itself and of its Annexes I t III and IV are consistent with the directives
given by the Council , and that it is desirable to grant Bangladesh the
bilateral tariff bindings foreseen in Annex II , in respect of which no
specific directive was given. The Commission accordingly recommends that
the Council :
- agree to the tariff concessions set out in Annex II ;
- approve the proposal for a Commercial Cooperation Agreement with tne
    People 's Republic of Bangladesh , inclusive of four Annexes , in the
    terms of the appended texts ;  and
- initiate the. procedures for the signature and conclusion of the said
    Agreement .
 8.     With a view to the conclusion and implementation of the Agreement , the
 Commission herev/ith lays before the Councils
 - a Recommendation for a Regulation (EEC ) of the Council on the conclusion
    of the Commercial Cooperation Agreement with the People 's Republic of
    Bangladesh .
 ---pagebreak---                                        - 5-                     1/241 /76-E
                RECOMMENDATION FOR A REGULATION (EEC ) OP THE COUNCIL
            on the conclusion of the Commercial Cooperation Agreement
                    between the European Economic Community and
                         the People * s Republic of Bangladesh
THE COUNCIL OP THE EUROPEAN COMUNITIES ,
Having regard to the Treaty establishing the European Economio Community,
and in particular Articles 113 and 114 thereof ;
Having regard to the Recommendation from the Commission ;
Whereas the Commercial Cooperation Agreement negotiated "between the
European Economio Community and the People * s Republio of Bangladesh should
be concluded ;
HAS ADOPTED THIS REGULATION :
                                  Article 1
The Commercial Cooperation Agreement between the European Economic Community
and the People 's Republic of Bangladesh , the text of which is annexed to this
Regulation, is hereby concluded on behalf of the Community.
                                  Article 2
The President of the Council shall notify the other Contracting Party in
accordance xtfith Article 15 of the Agreement of the completion , as regards
the Community , of the procedures necessary for the entry into force of this
Agreement .
                                  Article 3
The Community shall be represented on the Joint Commission provided for xn
Article 8 of the Agreement by the Commission of the European Communities ,
assisted by representatives of the Member States .
 ---pagebreak---                                       - 6-
                                    Article 4
  This Regulation shall enter into force on the third day following its
  publication in the Official Journal of the European Communities .
• This Regulation shall "be "binding in its entirety and directly applicab
  in all Member States .
  Done at Brussels ,                197°
                                                       For the Council
                                                        The President
 ---pagebreak---                                        -7 -                     l/241/76-E
                        COMMERCIAL COOPERATION AGREEMENT
                  "between "the European Economic Community axid
                      the People 's Republic of Bangladesh
THE COUNCIL OF HIE EUROPEAN COMMUNITIES , of the one part ,
THE GOVERNMENT OP THE PEOPLE 'S REPBULIC OP BANGLADESH, of the other part ,
HAVING REGARD to the friendly relations and historic links between the
Member States of the European Economio Community and Bangladesh and their
common desire to consolidate and expand their commercial and eoonoraio
relations ;
INSPIRED by their determination to strengthen, deepen and diversify their
oommeroial and eoonomio relations on the basis of comparative advantage and
mutual benefit ;
CONSIDERING Bangladesh as one of the least developed of the developing
countries ;
CONSCIOUS of the special characteristics and needs of the economy of
Bangladesh ;
AFFIRMING their common will to contribute to a new phase of international
economio oooperation , and to facilitate the development of their respective
human and material resources on the basis of freedom , equality and justioe ;
VIEWING modern commercial polioy as an important instrument for furthering
international economio cooperation ;
HAVE DECIDED to conclude a Commercial Cooperation Agreement and to this end
have designated as their Plenipotentiaries !
THIS COUNCIL OF THE EUROPEAN COMMUNITIES :
THE GOVIiMtylENT OF THE PEOPLE 'S REPUBLIC OF BANGLADESH :
WHO , having exohanged their Full Powers , found in good and due form ,
 ---pagebreak---                                     - 8 -
                                  Article 1
      The Contracting Parties are determined to develop 'their ooramercial
exchanges on the basis of mutual benefit so as to contribute to their
economic and sooial progress , and to improving the balance and raising
the volume of their mutual trade to as high a level as possible .
                                   Article 2
      The Contracting Parties shall , in their commercial relations , grant
each other most-favoured-nation treatment in aooordance with the provisions
of the General Agreement on Tariffs and Trade .
                                   Article 3
      Each Contracting Party shall grant the other the highest degree of
liberalization of imports and exports which it applies to third countries
 in general , and shall endeavour to provide maximum facilities compatible
with its policies and obligations for products of interest to the other
 Party .
                                   Article 4
       The Contracting Parties undertake to promote the development and
 diversification of their mutual trade to the highest possible level . They
 shall take all appropriate steps to fulfil this undertaking, including
 particular measures , relevant to the improvement of export opportunities ,
 which would contribute to realising the trade potential of their economies .
 ---pagebreak---                                     Artiole 5
      The Contracting Parties will develop their eoonomio oooperation,
where linked with trade , in fields of mutual interest and in the light of
developments in their economic policies .
                                    Artiole 6
      To assist in giving practical effeot to Articles 4 and 5 » "the Contracting
Parties agree to promote contacts and cooperation between their economic
organisations and to support institutions which have "been or may "be set up
to this end.
                                    Artiole 7
      The Contracting Parties shall endeavour to increase their cooperation
in oommeroial and related eoonomio matters in third countries , where this
will he in their mutual interest .
                                   Artiole 8
1.    A Joint Commission shall he set up comprising representatives of the
Community and of the People f s Republic of Bangladesh . It shall hold one •
session each year . Additional sessions may he convened hy common agreement
at the request of either Contracting Party .
2.    The Joint Commission shall adopt its own rules of procedure and work
programme .
3.    The Joint Commission may set up specialized Sub-Coramissipns to assist
it in the performance of its tasks .
 ---pagebreak---                                       - 10 -
                                     Article 9
       The Joint Commission shall aneur® the proper functioning of tnis
Agreement . It shall , in particular , devise and. recommend practical
measures for achieving the objectives of developing and diversifying trade
between the contracting Parties and shall examine any difficulties likely
to hinder those objectives .
                                     Artide 10
       The Joint Commission shall be further required :
 (a) to study and devise ways of overcoming trade barriers and in particular
      existing non-tariff and quasi-tariff barriers in the various sectors
      of trade , talcing into account the work undertaken in this field by the
      international organisations concerned ;
 (b ) to endeavour to encourage the development of economic and commercial
      cooperation between the Contracting Parties and their economic organ
      isations , in order to facilitate the development and diversification
      of their trade ;
 (o ) to examine and recommend ways and means for the progressive adaptation of
      the trade pattern and marketing structures of the Contracting Parties
      with a view to promoting the evolution of their oommercial and economic
      relations in accordance with their complementary possibilities , as well
      as the long-term objectives of the economies of the Contracting Parties ,
       so as to rectify imbalances and maladjustments ;
  (d) to facilitate exchanges of information and encourage contacts on all
       subjects which may bear upon the prospects for cooperation in the
       economic field between the Contracting Parties on a mutually advantageous
      basis and upon the creation of favourable conditions for such cooperation;
  (e) to devise and recommend measures , including assistance for the training
       of executives ana for publicity, market intelligence and expert services ,
       to promote the development and diversification of trade between the
       Contracting Parties .
 ---pagebreak---                                   Artide 11
     The Joint Commission shall also ensure the proper functioning ot any
sectoral Agreements between the Contracting Parties and, to this end , shall
exercise the responsibilities entrusted to the joint bodies which have been
or may be set up under such Agreements .
                                  Article 12
     The provisions of this Agreement Bhall be substituted for provisions
of Agreements conoluded between Member States of the Community and the
People 's Republic of Bangladesh to the extent to whioh the latter are
either incompatible or identioal with them .
                                 Article 13
     This Agreement shall apply to the territories in which the Treaty
establishing the European Economic Community applies , on the conditions
established in the said Treaty , and to the territory of the People 's
Republio of Bangladesh.
 ---pagebreak---                                      - 12-
                                  Article 14
     The Annexes form an integral part of this Agreement .
                                  Article 15
1•   lhis Agreement shall enter into force on the first day of the month
following the date on which the Contracting Parties have notified, each other
of the completion of the procedures necessary for this purpose .
2.   This Agreement is concluded for a period of five years and shall be
extended from year to year if neither Contrasting Party denounces it six
months before it expires .
3.   The Contracting Parties may amend this Agreement at any time to take
acoount of new situations arising in the economic field and of the evolution
of economic policies on both sides .
                                   Article 16
     This Agreement is drawn up in two copies in the Bengali | Danish f Dutchj
English, French , German and Italian languages , each text being authentic .
                                                                                f
                                                                               1 /
                                                                             '/
 ---pagebreak---                                                              M1TEX I
                                Joint Declaration
               concerning the functioning of the Joint Commission
1.    The representatives of the Contracting Parties in the Joint Commission
will transmit the agreed recommendations to their respective authorities ,
for consideration and action to "be taken as speedily and effectively as
possible .   In the event of the Joint Commission being unable to evolve
8, recommendation on a matter considered by either Contracting Party to be
urgent or important , it Bhall submit the views of the two sides to the said
authorities for further consideration.
2 . The Joint Commission should, when making proposals and recommendations ,
have due regard to the development plans of Bangladesh and to the progress
of economic , industrial , social , environmental and soientifio policies of
the Community as well as to the level of-^eoonomio development of the
Contracting Parties .
3.    The Joint Commission will examine possibilities of and make recommend
ations for the effioient utilization of all available instruments , besides
most-favoured-nation tariffs and Generalized Preferences , to promote trade
in items of interest to Bangladesh.
4.    Subject to the agreement of the Contracting Parties when drawing up
the agenda of the Joint Commission, this may include oooperation on mutually
satisfactory terms in the development and utilization of natural resources
and in other areas which may be identified as of particular importance to
the trade potential of Bangladesh.
 ---pagebreak---                                           - 14 -
                                                               AHITEX II
Your Excellency ,
       During the discussion which led to the conclusion this day of the
Commercial Cooperation Agreement "between the European Economic Community
and the People*s Republic of Bangladesh , the Community declared that it is
prepared to "bind "bilaterally the tariffs already applied autonomously in
respect of the products listed "below which are of particular interest
to Bangladesh .      These concessions shall remain valid until they are con
firmed , or modified , under the General Agreement on Tariffs and Trade , with
the agreement of both Contracting Parties .
                                   List of products concerned
   CCT                                                                   Binding
heading                             ■ Description                        proposed /o
   No .
  03.01 Fish, fresh ( live or dead), ohilled or frozen:
          A. Freshwater fish :
              ex IV . Other :
                        - Hilsa s pp.                                       free
  09.02   Tea :
          A. In immediate packings of a net capacity not
              exceeding 3 kg                                                  5
          B. Other                                                          free
  41.02 Bovine cattle leather ( including buffalo leather ) and
          equine leather , except leather falling within heading
          No . 41 - 06 , 41.07 or 41.08 :
          A. East India kip , whole , whether or not the heads and
              legs have been removed , weighing each not more than
              4.5 kg net , not further prepared than vegetable
              tanned , whether or not having undergone further pre
              servative treatment with oil , but obviously unsuitable
              for immediate use in the manufacture of leather
              articles                                       -               free
          ex B. Other :
                  - Leather of East India kip , whole , whether or not
                     the heads and legs have been removed , weighing
                     each more than 4.5 kg net and not more than 8 kg,
                     not further prepared than vegetable tanned , whether
                     or not having undergone further preservative treat
                     ment with oil , but obviously unsuitable for im
                     mediate use in the manufacture of leather articles      free
                  - Bovine skins , chrome tanned in the moist state
                      (wet blue )                                            free
 ---pagebreak---                                     –  1 5 *•
 41.03   Sheep and lamb skin leather , exoept leather falling
         within heading No . 41.06 , 41.07 or 41«08l
         B. Other :
            I. Not further prepared than tanned                            free
 41.04   Goat and kid Bkin leather , except leather falling
         within heading No . 41.06 , 41 . 07 or 41 . 08 :
         B. Other :
            I. Not further prepared than tanned                            free
 41.05   Other kinds of leather , except leather falling
         within heading No . 41.06 , 41*07 or 41.08 :
         B. Other :
            I. Not further prepared than tanned                            free
     We should he grateful if you would kindly oonfirra the agreement
of the Government of the People 's Republic of Bangladesh to the oontonts
of this letter .
     Please accept , Your Exoellency , the assuranoe of our highest
consideration .
                                                           For the Council
                                                     of the European Communities
Head of the Bangladesh Delegation
 ---pagebreak---                                           - 16-
Sir ,
       I have the honour "to acknowledge receipt of your letter of today , 'whioh
reads as follows ?
        "During the discussion which led to the conclusion this day of the
         Commercial Cooperation Agreement between the European Economic Community
         and the Peopled Republic of Bangladesh, the Community declared that it
         is prepared to hind bilaterally the tariffs already applied autonomously
         in respect of the products listed below which are of particular interest
         to Bangladesh .     These concessions shall remain valid until/ they are
         confirmed, or modified, under the General Agreement on Tariffs and Trade ,
         with the agreement of both Contracting Parties#
                                    List of products concerned
   CCT                                                                      Bindmg
heading                                Description                          proposed 70
   No .
  03.01 Fish , fresh ( live or dead), chilled or frozen :
            A. Freshwater fish :
                ex IV . Other :
                                                                              free
                         - Hilsa spp .
  09.02     Tea :
            A. In immediate packings of a net capacity not
                exceeding 3 kg                                                   5
                                                                               free
            B. Other
  41.02     Bovine cattle leather ( including buffalo leather ) and
            equine leather , except leather falling within heading
            No . 41.06 , 41.07 or 41.08 :
            A. East India kip , whole , whether or not the heads and
                legs have been removed , weighing each not more than
                4.5 kg net , not further prepared than vegetable
                tanned , whether or not having undergone further pre
                servative treatment with oil , but obviously unsuitable
                for immediate use in the manufacture of leather
                articles                                                       free
            ex B. Other :
                   - Leather of East India lap , whole , whether or not
                       the heads and legs have been removed , weighing
                       each more than 4.5 kg net and not more than 8 kg,
                       not further prepared than vegetable tanned , whether
                       or not having undergone further preservative treatment
                       with oil , but obviously unsuitable for immediate
                       use in the manufacture of leather articles               *
                                                                                free
                       Bovine skins , ohrome tanned in the moist state
                                                                                free
                        (wet blue )
 ---pagebreak---                                       - 17 -
 41.03 Sheep and lamb skin leather , exoept leather falling
         within heading No . 41.06 , 41.07 or 41.08 ;
         B. Other :
            I. Not further prepared than tanned                            free
 4.1-04  Goat and kid skin leather , except leather falling
         within heading No . 41.06 , 41 . 07 or 41.08 :
         B. Other :
            I. Not further prepared than tanned                            free
 41.05   Other kinds of leather , except leather falling
         within heading No . 41.06 , 41.07 or 41.08 :
         B. Other :
            I. Not further prepared than tanned                            free
       We should be grateful if you would kindly confirm the agreement
       of the Government of the People 's Republic of Bangladesh to the
       contents of this letter ."
      I have the honour to confirm the agreement of the Government of the
People 's Republic of Bangladesh to the contents of this letter .
      Please accept , Sir , the assurance of my highest consideration .
                                              For the Government of the
                                              People 's Republic of Bangladesh
Head of the Delegation of the European Economic Community
 ---pagebreak---                                    - 18 -
                                                            AlïïIEX III
        Declaration of the European Economic Community
                 concerning tariff adjustments
1.   On 1 July 1971 1 the Community autonomously introduced, a Generalized
Scheme of Preferences on the basis of Resolution 21 ( ll) of the Second
United Nations Conference on Trade and Development , 1968 .  The Community
is prepared , in the course of its endeavours to improve this system , to take
into account the interests of the People 1 s Republic of Bangladesh in the
extension and strengthening of its trade relations with the Community .
2.   The Community is also prepared to examine in the Joint Commission the
possibilities for further tariff adjustments to promote the development
of trade with Bangladesh .
3.   The Community notes that , in this connection , the People 's Republic
of Bangladesh may notify it of the list of products in respect of which
tariff concessions are desired , for examination in the Joint Commission.
4.   The Community understands that the People 's Republic of Bangladesh will
also be prepared to discuss in the Joint Commission the Communities proposals ,
if any , with regard to matters pertaining to the tariffs of the People 's
Republic of Bangladesh aimed at the development of trade between the
Contracting Parties , talcing into consideration the development needs 01
Bangladesh.
 ---pagebreak---                                      - 19 -
                                                             ΑΙΤΡΓΞΧ IV
   Declaration of the Government of the People 's Republic of Bangladesh
                       concerning tariff adjustments
1.    The People 's Republic of Bangladesh notes that the Community is
prepared , in the course of its endeavours to improve the system of
Geners-lifced Preferences , to take into account the interests of the People 's
Republic of Bangladesh in the extension and strengthening of its trade
relations with the Community , In this connection , the People 's Republic
of Bangladesh will identify for consideration by the Community the areas
in which the Community's Generalized Scheme of Preferences can be improved ,
more especially in the context of the provisions of the Joint Declaration
of Intent .
2.    The People 's Republic of Bangladesh further notes that the Community
is also prepared to examine in the Joint Commission the possibilities for
further tariff' adjustments to promote the development of trade with
Bangladesh.
3.    In this connection the People 's Republic of Bangladesh may notify
the Community of the list of products in respect of which tariff concessions
are desired , for examination in the Joint Commission.
4.    The People 's Republic of Bangladesh will also be prepared to discuss
in the Joint Commission the Community 's proposals , if any , with regard
to matters pertaining to the tariffs of the People 's Republic of Bangladesh
aimed at the development of trade between the Contracting Parties , taking
into consideration the development needs of Bangladesh.