title: Recommendation for a Council Decision on the conclusion of a Protocol to the Agreement on the importation of educational, scientific and cultural materials (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 19
Vol. 1978/0007
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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
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In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
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 ---pagebreak---    COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(78 ) 19 final
                                                  Brussels , 30 January 1978
                                  Recommendation for a
                                    Council Decision
            on the conclusion of a Protocol to the Agreement on the importation
            of educational , scientific and cultural materials
            ( submitted to the Council "by the Commission )
COM ( 78 ) 19 final
 ---pagebreak---                                Explanatory memorandum
By Decision of 3 May 1975 the Council authorized the Commission to conduct
on behalf of the Community within the appropriate UNESCO bodies the nego
tiations on a Protocol to the Agreement on the importation of educational ,
scientific and cultural materials ( Florence Agreement ) with a view to a
possible extension of the relief from customs duties accorded by this
Agreement to certain products hitherto excluded from such relief
This Decision was prompted by the fact that the addition of such a Protocol
to the Florence Agreement was of direct relevance to the application of
the Common Customs Tariff . It was therefore advisable that the Protocol
should take account of the rules governing the customs union as well as the
Community 's economic interests .
Preliminary negotiations were carried out by a special intergovernmental
committee of experts , following which the UNESCO Secretariat drafted a
Protocol to be submitted for approval by the nineteenth General Conference .
( Nairobi , October - November 1976 ). The draft failed to take sufficient
account of the Community 's requirements and so the Commission 's represen
tative put forward proposals for amendments drawn up with the representatives
of the Member States at coordination meetings of the Council 's Working Party
on Economic Questions / S/ 1552/76 ( CID 22) of 18 October 1976 _7 .
The General Conference approved all the proposals for amendments including
the customs union clause allowing the Community itself to be party to the
Protocol on condition that each Member State is also party to it .
Since Ireland is now a party to the Florence Agreement itself , all Member
States may become party to the additional Protocol and , as long as there is
the necessary concerting of action with the Member States as regards
registering their signatures at the UNESCO Secretariat , there is nothing
 ---pagebreak---                                      - 2 -
new to prevent the Community , which alone is empowered to decide not to
apply Common Customs Tariff duties , from itself becoming party to the
Protocol .
Article 16 ( a ) of the Protocol allows Contracting Parties , when signing , ;
ratifying acceptance or acceding ,to declare that they are not bound by
Part II , Part IV , Annex C.1 , Annex F , Annex G and Annex H , or by any one
of these Annexes , or that they are not bound by Annex C.1 except vis-a - vis
those contracting States which have accepted that Annex themselves . Conse
quently it is important that the Community should define its position on
these points .
 In view of the lines followed by the Community and the Member ■ States during
negotiations , and the proposals for amendments presented and defended by
 it at the UNESCO General Conference , the Commission considers that the
 Community 's position should be defined as follows :
- Part II : The Sixth Directive makes no provision for relief for
   deliveries of a number of the goods referred to in Part II . This being
   the case and in view of the present situation it would not be advisable
   for the Community to embark on an agreement obliging it to grant reliefs
   from value added tax on imported goods when such reliefs        are not granted
   within Member States .
- Part IV : The present state of the Community 's commercial and monetary
   policy being as it is , the Community does not have any particular position
   on this subject . The UNESCO Secretariat should therefore be informed that
   the Community will not be bound by Part IV .
- Annex C.1 : Annex C.1 should be accepted , but a statement should be made
   to the effect that the Community will be bound by it only vis-a-vis those
   contracting states that have accepted it themselves .
- Annexes F , G and H : The Communtiy should state that it will not be bound
   by these Annexes .
                                                                      •• m/• •a
 ---pagebreak--- Since the step to be taken consists of waiving by treaty the Common Customs
Tariff duties on a number of products at present subject to them , the Council
decision will have to be based on Article 113 of the Treaty establishing
the European Economic. Community .
In accordance with Article 113 ( 2 ) of the Treaty the Cpmmission therefore
recommends that the Council conclude on behalf of the Community the Protocol
to the Agreement on the importation of educational , scientific and cultural
materials , subject to the reservations set out above .
 ---pagebreak---                           Recommendation for a Council Decision
                on the conclusion of a Protocol, to the Agreement on the
              importation of educational , scientific and cultural materials
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 ,
K' : -»■ the Agreement on the importation of educational , scientific and
cu'teral materials , known as the Florence Agreement , drawn up on the initia'
tive.cf UNESCO , is intended to facilitate the free   flow    of books ,
publications and educational , scientific and cultural materials ; whereas
foi this purpose the Agreement includes provision for the non-application
of customs duties on the importation of such articles ;
Whereas on 26 November 1976 the nineteenth General Conference of UNESCO
adopted a Protocol to the Florence Agreement in order to extend    relief
from customs duties to a number of articles hitherto excluded from such
relief ;    whereas this Protocol , though constituting an act supplementary
to the Agreement , should nevertheless be considered a separate instrument ;
 ---pagebreak--- whereas , subject to the reservation that recourse may be had to Article 16(a )
of the Protocol , the provisions of the Protocol are in conformity with the
aims of the European Economic Community ; whereas it is therefore desirable
to conclude this Protocol and at the same time make the declarations
referred to in the said Article 16 ( a ),
HAS DECIDED AS FOLLOWS :
                                  Article 1
1 . The Protocol to the Agreement on the importation of educational ,
     scientific and cultural materials is hereby concluded on behalf of
     the Community .
     The text of the Protocol is annexed to this Decision .
2 . When the Protocol    is eigned it shall be declared that the European
    Economic Community :
     - shall not be bound by Parts II and IV ;
     - shall be bound by Annex C.1 only vis- a-vis th°se contracting States
       that have accepted that Annex themselves ;
     - shall not be bound by Annex F , Annex G or Annex H.
                                  Article 2
The President of the Council shall be authorised to designate the persons
empowered to sign the Protocol                              and to confer on
them the powers they require to bind the Community .
                                                   Done at Brussels ,
                                                   For the Council
                                                   The President
 ---pagebreak---                                                                                z
      Protocol to the Agreement on the importation of
       educational, scientific and cultural materials'
  The contracting States parties to the Agreement on the Importation of Educational , Scientific
  and Cultural Materials , adopted by the General Conference of the United Nations Educational ,
  Scientific and Cultural Organization at its fifth session held in Florence in 1950,
  Reaffirming the principles on which the Agreement, hereinafter called " the Agreement", is
  based ,
  Considering that this Agreement has proved to be an effective instrument in lowering customs
  barriers and reducing other economic restrictions that impede the exchange of ideas and
  knowledge .
 Considering, nevertheless , that in the quarter of a century following the adoption of the Agree
 ment , technical progress has changed the ways and means of transmitting information and
 knowledge, which is the fundamental objective of that Agreement, '
 Considering, further , that the developments that have taken place in the field of international
 trc Je ri -. i ing this period have , in general, been reflected in greater freedom of exchanges .
 Considering that since the adoption of the Agreement, the international situation has changed
 radically owing to the development of the international community, in particular through the
 accession of many States to independence ,
 Considering that the needs and concerns of the developing countries should be taken into consider
 ation , with a view to giving them easier and less costly access to education , science , technology
 and culture ,
 Recalling the provisions of the Convention on the means of prohibiting and preventing the illicit
 import , export and transfer of ownership of cultural property, adopted by the General Conference
 of Unesco in 1970 , and those of the Convention concerning the protection of the world cultural and
 natural heritage , adopted by the General Conference in 1972 ,
 Recalling , moreover , the customs conventions concluded under the auspices of the Customs Co
 operation Council, in consultation with the United Nations Educational, Scientific and Cultural
 Organization, concerning the temporary importation of educational, scientific and cultural -
 materials .
 Convinced that new arrangements should be made and that such arrangements will contribute even
 more effectively to the development of education, science and culture which constitute the essen
 tial bases of economic and social progress.
 Recalling resolution 4 . 112 adopted by the General Conference of Unesco at its eighteenth session.
Have agreed as follows :
                                                                    I
         1.       The contracting States undertake to extend to the materials listed in Annexes A, B,
                 D and E and also , where the annexes in question have not been the subject of a declara
                 tion under paragraph 16 ( a ) below. Annexes C. 1 , F , G and H, to the present protocol
                 exemption from customs duties and other charges on, or in connexion with, their .
                 importation, as set out in Article I, paragraph 1 , of the Agreement, provided such
                 materials fulfil the conditions laid down in these annexes and are the products of
                 another contracting State.
         2.      The provisions of paragraph 1 of this protocol shall not prevent any contracting State
                 from levying on imported materials :
                 ( a) internal taxes or any other internal charges of any kind, imposed at the time of
                       importation or subsequently, not exceeding those applied directly or indirectly to
                       like domestic products ;
                                                                                1
1 . Protocol adopted on the Report of Programme CommJsskm □ at the thirty-fourth plenary meeting, on 26 November 1976.
 ---pagebreak---                                                                                «
                                                                                $
    ( b) fees and charges , other than customs duties . Imposed by governmental or
            administrative authorities on , or in connexion with , importation , limited in
            amount to the approximate cost of the services rendered , and representing
            neither an indirect protection to domestic products nor a taxation of imports
            for revenue purposes .
                                                II
3.   Notwithstanding paragraph 2 ( a ) of this protocol , the contracting States undertake not
     to levy on the materials listed below any internal taxes or other internal charges of
     any kind, imposed at the time of importation or subsequently :
     ( a) books and publications consigned to the libraries referred to in paragraph 5 of
            this protocol ;
     ( b)   official , parliamentary and administrative documents published in their country
            of origin ;                                                                           ,
     ( c) books and publications of the United Nations or any of its Specialized Agencies ;
     ( d) books and publications received by the United Nations Educational, Scientific and
            Cultural Organization and distributed free of charge by it or under its supervision;
     ( e)   publications intended to promote tourist travel outside the country of importation,
            sent and distributed free of charge ;
      (f)    articles for the blind and other physically and mentally handicapped persons :
             (i )    books , publications and documents of all kinds in raised characters for the
                     blind ;
             (ii )   other articles specially designed for the educational, scientific or cultural
                     advancement of the blind and other physically or mentally handicapped per
                     sons which are imported directly by institutions or organizations concerned
                     with the education of, or assistance to the blind and other physically or men
                     tally handicapped persons approved by the competent authorities of the
                     importing country for the purpose of duty-free entry of these types of articles .
                                                 III
 4.     The contracting States undertake not to levy on the articles and materials referred to
       in the annexes to this protocol any customs duties , export duties or duties levied on
       goods leaving the country, or other internal taxes of any kind , levied on such articles
       and materials when they are intended for export to other contracting States.
                                                 IV
 5.    The contracting States undertake to extend the granting of the necessary licences and /
       or foreign exchange provided for in Article II, paragraph 1 , of the Agreement, to the
       importation of the following materials :
       ( a) books and publications consigned to libraries serving the public interest,
              including the following :
             ( i)    national libraries and other major research libraries;
             ( ii )  general and specialized academic libraries, including university libraries ,
                     college libraries, institute libraries and university extra-mural libraries ;
             ( iii ) public libraries ;
             ( iv)   school libraries ;
             ( v)    special libraries serving a group of readers who form an entity, having
                     particular and identifiable subjects of interest, such as government libraries ,
                     public authority libraries, industrial libraries and libraries of profe sional
                     bodies ;
 ---pagebreak---              ( vi )  llbrarlee for the handicapped and for reader * who are unable to move
                     around , such as libraries for the blind , hospital libraries and prison
                     libraries ;
             ( vii ) music libraries , including record libraries ;
        ( b) books adopted or recommended as textbooks in higher educational establishments
             and imported by such establishments ;
        ( c) books in foreign languages , with the exception of books in the principal native
             language or languages of the importing country;
       ( d) films ,   slides, video-tapes and sound recordings of an educational, scientific or
             cultural nature , imported by organizations approved by the competent authorities
             of the importing country for the purpose of duty-free entry of these types of
             articles .
                                                    V
6.     The contracting States undertake to extend the granting of the facilities provided for
       in Article III of the Agreement to materials and furniture imported exclusively for
       showing at a public exhibition of objects of an educational, scientific or cultural nature
       approved by the competent authorities of the importing country and for subsequeht
       re-exportation.
7.     Nothing in the foregoing paragraph shall prevent the authorities of an importing country
       from taking such steps as may be necessary to ensure that the materials and furniture
       in question will in fact be re-exported at the close of the exhibition.
                                                   VI
8.     The contracting States undertake :
       ( a)  to extend to the importation of the articles covered by the present protocol, the
             provisions of Article IV of the Agreement;
       ( b) to encourage through appropriate measures the free flow and distribution of
             educational, scientific and cultural objects and materials produced in the
             developing countries .
                                                   VII
9.     Nothing in this protocol shall affect the right of contracting States to take measures,
       in conformity with their legislation, to prohibit or limit the importation of articles , or
       their circulation after importation, on grounds relating directly to national security,
       public order or public morals .
                                                                                I
10 .   Notwithstanding other provisions of this protocol , a developing country, which is
       defined as such by the practice established by the General Assembly of the United
       Nations and which is a party to the protocol, may suspend or limit the obligations
       under this protocol relating to importation of any object or material if such impor
       tation causes or threatens to cause serious injury to the nascent indigenous industry
   '   in that developing Country. The country concerned shall implement such action in a
       non - discriminatory manner. It shall notify the Director - General of the United Nations
     ' Educational, Scientific and Cultural Organization of any such action, as far as
       practicable in advance of implementation , and the Director - General of the United
       Nations Educational, Scientific and Cultural Organization shall notify all Parties to
       the protocol.                 .,                                     o          .           .          . ,,
11 .   This protocol shall not modify or affect the laws and regulations of any contracting
       State or any of its international treaties, conventions, agreements or proclamations,
       with respect to copyright, trade marks or patent^. , _                                        ;   ,- .    ,.
                       •         V      fo ..> li,     Jl.it -." ><,. fii )' 1'.; i ; -;, i ; :■ i £ V . ! i
                                                                                3
 ---pagebreak--- 12 , Subject to tho provisions of any previous conventions to which they may have subscribed
     for the settlement of disputes , the contracting States undertake to have recourse to
     negotiation or conciliation with a view to settlement of any disputes regarding the
     interpretation or the application of this pro'tocol.
13 . In case of a dispute between contracting States relating to the educational , scientific
     or cultural character of imported materials , the interested parties may , by common
     agreement refer it to the Director - General of the United Nations Educational,
     Scientific and Cultural Organization for an advisory opinion.
                                             VIII
14 . (a ) This protocol, of which the English and French texts are equally authentic , shall
           bear today 's date and shall be open to signature by all States Parties to the Agree
           ment , as well as by customs or economic unions , provided that all the Member
           States constituting them are also Parties to the protocol .
           The term " State" or " Country " as used in this protocol, or in the protocol referred
           to in paragraph 18 , shall be taken to refer also ,  as the context may require , to the
           customs or economic unions and , in all matters      which fall within their competence
           with regard to the scope of this protocol, to the   whole of the territories of the Mem
           ber States which constitute them, and not to the    territory of each of these States .
           It is understood that, in a Contracting Party to this protocol , such customs or
           economic unions will also apply the provisions of the Agreement on the same basis
           as is provided in the preceding paragraph with respect to the protocol .
     (b )  This protocol shall be subject to ratification or acceptance by the signatory States
           in accordance with their respective constitutional procedures .
     (c )  The instruments of ratification or acceptame shall be deposited with the Secretary-
           General of the United Nations .
15 . (a ) The States referred to in paragraph 14 (a ) which are. not signatories of this proto
           col may accede to this protocol .
     (b ) Accession shall be effected by the deposit of a formal instrument with the
           Secretary-General of the United Nations .
16 . (a )  The States referred to in paragraph 14 (a ) of this protocol may, at the time of
           signature , ratification , acceptance or accession, declare that they will not be
           bound by Part II, Part IV, Annex C. 1 , Annex F, Annex G and Annex H, or by any
           of these Parts or Annexes . They may also declare that they will be bound by
           Annex C. 1 only in respect of contracting States which have themselves accepted
           that Annex .
     (b ) Any contracting State which has made such a declaration may withdraw it, in whole
           or in part , at any time by notification to the Secretary-General of the United Nations ,
           specifying the date on which such withdrawal takes effect .
     (c ) States which have declared , in accordance with sub-paragraph (a ) of this para
           graph , that they will not be bound by Annex C. 1 shall necessarily be bound by
           Annex C. 2 . Those which have declared that they will be bound by Annex C. 1 only
           in respect of contracting States which have themselves accepted that Annex shall
           necessarily be bound by Annex C. 2 in respect of contracting States which have not
           accepted Annex C. 1 .
17 . ( a ) This protocol shall come into force six months after the date of deposit of the fifth
           instrument of ratification , acceptance or accession with the Secretary- General
           of the United Nations.
     ( b) It shall come into force for every other State six months after the date of the
           deposit of its instrument of ratification, acceptance or accession.
 ---pagebreak---             ( c ) Within one month following the expiration of the periods mentioned in sub-
                   paragraphs ( a ) and ( b) of this paragraph, the contracting States to this protocol
                    shall submit a report to the United Nations Educational , Scientific and Cultural
                   Organization on the measures which they have taken to give full effect to the
                   protocol .
            (d)     The United Nations Educational. Scientific and Cultural Organization shall
                   transmit these reports to all States parties to this protocol.
     18 .   The protocol annexed to the Agreement, and made an integral part thereof, as provided
            far in Article XVII of the Agreement, is hereby made an integral part of this protocol
              ind shall apply to obligations incurred under this protocol and to products covered by
            this protocol.
     19 .  ( a) Two years after the date of the coming into force of this protocol, any contracting
                   State may denounce this protocol by an instrument in writing deposited with the
                   Secretary - General of the United Nations .
                                                                                I
           ( b)    The denunciation shall take effect one year after the receipt of the instrument of
                   denunciation .
           ( c ) Denunciation of the Agreement pursuant to Article XIV thereof shall automatically
                   imply denunciation of this protocol.
     20 .  r.i lie Secre ; ary-General of the United Nations shall inform the States referred to in
           paragraph 14 ( a ), as well as the United Nations Educational , Scientific and Cultural
           Organization , of the deposit of all the instruments of ratification, acceptance or
           accession referred to in paragraphs 14 and 15; of declarations made and withdrawn
           under paragraph 16 of the dates of entry into force of this protocol in accordance
           with paragraph 17 ( a) and ( b); and of the denunciations provided for in paragraph 19.
     21 .  ( a)    This protocol may be revised by the General Conference of the United Nations
                   Educational , Scientific and Cultural Organization. Any such revision, however,
                   shall be binding only upon States that become parties to the revising protocol.
                                 i
           ( b)    Should the General Conference adopt a new protocol revising this protocol either
                   totally or in part, and unless the new protocol provides otherwise , the present
                   protocol shall cease to be open to signature , ratification, acceptance or acces
                   sion as from the date of the coming into force of the neW revising protocol.
     22 .  This protocol shall not change or modify the Agreement.
     23.   Annexes A, B, C. 1 , C. 2 , D, E, F, G and H are hereby made an integral part of this
           protocol.
     24 .  In accordance with Article 102 of the Charter of the United Nations , this protocol
           shall be registered by the Secretary-General of the United Nations on the date of
           its coming into force .                          . ., .  ■ ,
IN FAITH WHEREOF the undersigned, duly authorized, have signed this protocol on behalf of
their respective governments .,                   ,   • j , . .<=       . ( .                         " ; -)
                                                                                5
 ---pagebreak---                                                     ANNEX A
Books . publications and documents
( i)    Printed books , irrespective of the language in which they are printed and whatever the
        amount of space given over to illustrations , including the following :
        ( a)    luxury editions ;
        ( b)    books printed abroad from the manuscript of an author resident in the importing '
                country;
        ( c)    children 's drawing and painting books;
        ( d)    school exercise books ( workbooks ) with printed texts and blank spaces to be
                filled in by the pupils ;
        ( e)    crossword puzzle books containing printed texts ;
        ( f)    loose illustrations and printed pages in the form of loose or bound sheets and
                reproduction proofs or reproduction films to be used for the production of books .
( ii ) Printed documents or reports of a non-commercial character.
( iii ) Microforms of the articles listed under items ( i) and ( ii) of this Annex, as well as of those
        listed under items ( i ) to ( vi ) of Annex A to the Agreement.
( iv) Catalogues of films , recordings or' other visual and auditory material of an educational ,
        scientific or cultural character.
( v)    Maps and charts of interest in scientific fields such as geology^ zoology, botany, mineralogy,
        palaeontology, archaeology, ethnology, meteorology, climatology and geophysics, and also
        meteorological and geophysical diagrams .
( vi ) Architectural , industrial or engineering plans and designs and reproductions thereof.
( vii) Bibliographical information material for distribution free of charge.
                                                    ANNEX B
 Works of art and collectors' pieces of an educational , scientific or cultural character
 ( i)      Paintings and drawings , whatever the nature of the materials on which they have been
           executed entirely by hand , including copies executed by hand, but excluding manufactured
           decorated wares .
 ( ii)     Ceramics and mosaics on wood, being original works of art.
( iii)     Collectors' pieces and objects of art consigned to galleries, museums and other institu
           tions approved by the competent authorities of the importing country for the purpose of
           duty-free entry of those types of materials, on condition they are not resold.
6
 ---pagebreak---                                                    ANNEX C. 1
Visual and auditory materials
 (i )      Films ,     filmstrips , microforms and slides .
 ( ii )    Sound recordings .
 ( iii )   Patterns , models and wall charts of an educational , scientific or cultural character ,
           except toy models .
( iv )    Other visual and auditory materials , such as :
          ( a) video-tapes , kinescopes, video-discs , videograms and other forms of visual and
               sound recordings ;
          ( b) microcards , microfiches and magnetic or other information storage media required
               in computerized information and documentation services ;
          ( c) materials for programmed instruction, which may be presented in kit form , with the
               corresponding printed materials, including video-cassettes and audio - cassettes ;
          ( d) transparencies , including those intended for direct projection or for viewing through
               optical devices ;
          ( e) holograms for laser projection;
          ( f) mock-ups or visualizations of abstract concepts such as molecular structures or
               mathematical formulae :
          ( g) multi - média kits ;
          ( h) materials for the promotion of tourism , including those produced by private concerns ,
               designed to encourage the public to travel outside the country of importation.
( The exemptions provided for in the present Annex C. 1 shall not apply to :
          ( a) unused microform stock and unused visual and auditory recording media and their
               specific packaging such as cassettes , cartridges , reels ;
          ( b) visual and auditory recordings with the exception of materials for the promotion of '
               tourism covered by paragraph ( iv) ( h), produced byor for a private commercial .
               enterprise , essentially for advertising purposes ;
          ( c) visual and auditory recordings in which the advertising matter is in excess of 25 per
               cent by time.    In the case of the materials for the promotion of tourism covered by
               paragraph ( iv) ( h), . this percentage applies only to private commercial publicity.)
 ( 1 ) The duty-free entry of exposed and developed cinematographic films for public commercial
         exhibition or sale may be limited to negatives, it being understood that this limitation shall
         not apply to films (including newsreels ) when admitted duty-free under the provisions of
         Annex C. 2 to this Protocol .
 ---pagebreak---                                                                                • b
                                                  ANNEX C. 2
  Visual and auditory materials of an educational, scientific or cultural character
         Visual and auditory materials of an educational, scientific or cultural character, when
  imported by organizations ( including, at the discretion of the importing country, broadcasting
  and television organizations) or by any other public or private institution or association,
  approved by the competent authorities of the importing country for the purpose of duty-free
  admission of these types of materials or when produced by the United Nations or any of its
  Specialized Agencies and including the following :
         (i)      films , filmstrips , microfilms and slides ;
         ( ii)    newsreels ( with or without sound track) depicting events of current news value at the
                  time of importation , and imported in either negative form , exposed and developed ,
                  or positive form , printed and developed, it being understood that duty-free entry may
                  be limited to two copies of each subject for copying purposes ;
         ( iii )  archival film material ( with or without sound track) intended for use in connexion
                  with newsreel films ;
         ( iv )   recreational films particularly suited for children and youth;
         (v)      sound recordings ;
         ( vi )   video-tapes , kinescopes , video-discs , videograms and other forms of visual and
                  sound recordings ;
         ( vii) microcards , microfiches and magnetic or other information storage media required
                  in computerized information and documentation services ;
         ( viii ) materials for programmed instruction , which may be presented in kit form, with the
                  corresponding printed materials , including video-cassettes and audio-cassettes ;
         ( ix)    transparencies , including those intended for direct projection or for viewing through
                  optical devices ;                     .
         ( x)     holograms for laser projection;
         ( xi)    mock-ups or visualizations of abstract concepts such as molecular structures or
                  mathematical formulae ;
         ( xii )  multi-media kits *
                                                    ANNEX D
  Scientific instruments or apparatus
  (i)    Scientific instruments or apparatus , provided :
         ( a)     that they are consigned to public or private scientific or educational institutions
                  approved by the competent authorities of the importing country for the purpose of
                  duty-free entry of these types of articles , and used for non - commercial purposes
                  under the control and responsibility of these institutions ;
         ( b)     that instruments or apparatus of equivalent scientific value are not being manufac
                  tured in the country of importation .
  ( ii ) Spare parts , components or accessories specifically matching scientific instruments or
         apparatus , provided these spare parts , components or accessories are imported at the
         same time as such instruments and apparatus , or if imported subsequently, that they are
         identifiable as intended for instruments or apparatus previously admitted duty-free or
         entitled to duty-free entry.
8
 ---pagebreak--- ( Hi ) Tools to be used for the maintenance , cheeking , gauging or r6palrof scientific instruments,
        provided these tools are imported at the same time as such instruments and apparatus or,
        if imported subsequently, that they are identifiable as intended for the specific instruments
        or apparatus previously admitted duty-free or entitled to duty-free entry, and further pro
        vided that tools of equivalent scientific value are not being manufactured in the country of
        imoortation .
                                                  ANNEX E
 Articles for the blind and other handicapped persons
 ( i)   All articles specially designed for the educational, scientific or cultural advancement of
        the blind which are imported directly by institutions or organizations concerned with the
        education of , or assistance to , the blind, approved by the competent authorities of the
        importing country for the purpose of duty-free entry of these types of articles, including :
        ( a)   talking books ( discs , cassettes or other sound reproductions) and large-print books ;
       ( b)    phonographs and cassette players , specially designed or adapted for the blind and other
               handicapped persons and required to play the talking books ;
       ( c)    equipment for the reading of normal print by the blind and partially sighted, such as
               electronic reading machines , television-enlargers and optical aids ;
       ( d)   equipment for the mechanical or computerized production of braille and recorded
              material, such as stereo-typing machines, electronic braille , transfer and pressing
              machines ; braille computer terminals and displays ;
       ( e)   braille paper , magnetic tapes and cassettes for the production of braille and talking
              books ;                                                                               1
       ( f)   aids for improving the mobility of the blind , such as electronic orientation and
              obstacle detection appliances and white canes ;
       ( g)   technical aids for the education , rehabilitation, vocational training and employment
              of the blind , such as braille watches , braille typewriters , teaching and learning aids ,
              games and other instruments specifically adapted for the use of the blind .
( ii ) All materials specially designed for the education, employment and social advancement of
       other physically or mentally handicapped persons , directly imported by institutions or
       organizations concerned with the education of , or assistance to , such persons , approved by
       the competent authorities of the importing country for the purpose of duty-free entry of these
       types of articles , provided that equivalent objects are not being manufactured in the import
       ing country.
                                                  ANNEX F
Sports equipment
       Sports equipment intended exclusively for amateur sports associations or groups approved
by the competent authorities of the importing country for the purpose of duty-free entry of
these types of articles , provided that equivalent materials are not being manufactured in the
importing country.
 ---pagebreak---                                                  ANNEX G
   Musical instruments and other musical equipment
          Musical instruments and other musical equipment intended solely for cultural institutions
   or music schools approved by the competent authorities of the importing country for the purpose
   of duty-free entry of these types of articles, provided that equivalent instruments and other
   equipment are not being manufactured in the importing country.
                                                 ANNEX H
   Material and machines used for the production of books , publications and documents
                                                                                I
   ( 1)   Material used for the production of books , publications and documents ( paper pulp, recycled
          paper , newsprint and other types of paper used for printing, printing inks, glue, etc. ).
   ( ii ) Machines for the processing of paper pulp and paper and also printing and binding machines ,
          provided that machines of equivalent technical quality are not being manufactured in the
          importing country.         ,
10
 ---pagebreak---                                                       Annexe au Doc * 6U0 /
  F I  [ . M C FINANCIERE                    j
                                             i
                                                      Date
                                                                                »
1 . Ligne budgétaire concerne :
2 . Intitulé de l' action : Recommandation pour une décision du Conseil concernant
    la conclusion d' un protocole à l' accord pour l' importation d' objets de carac
    tère éducatif ^ scientifique ou culturel
3 . Base juridique : art . 113/ CEE
                                         •             't
4 . Objectifs de l' action : adhésion de la Communauté au Protocole
5 . Incidence financière :
    non chiffrable . Bien que le protocole étende le champ des franchises ,
    il n' apparaît pas que les ressources de la Communauté eh seront sensiblement
    affectées , les quantités de produits susceptibles d' y être importés en
    franchise étant relativement limitées . Par contre , dans le cadre de ce
    protocole , les exportations de la Communauté vers les pays tiers au béné
    fice d' une franchise de droits devraient être assez importantes . Il s' agit
    donc d' une opération économique bénéfique pour l' économie de la Communauté *


title: RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE COMMISSION TO APPROVE, ON BEHALF OF THE COMMUNITY, PROGRAMMES AND MEASURES UNDER THE CONVENTION FOR THE PREVENTION OF MARINE POLLUTION FROM LAND-BASED SOURCES (PARIS CONVENTION)

text:
No C 286/4                               Official Journal of the European Communities                              9.11. 85
                                                                II
                                                        (Preparatory Acts)
                                                  COMMISSION
             Recommendation for a Council Decision authorizing the Commission to approve, on behalf of
             the Community, programmes and measures under the Convention for the Prevention of Marine
                                    Pollution from Land-based Sources (Paris Convention)
                                                       COM(85)     520final
                                (Submitted by the Commission to the Council on 3 October 1985)
                                                         (85/C 286/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereas the provisions of the proposed programmes and
                                                                    measures are in line with those of the Community
Having regard to the Treaty establishing the European               Directives on the subject, namely Council Directives
Economic Community, and in particular Article 235                   76/464/EEC (2), 82/176/EEC (3), 83/513/EEC (4) and
thereof,                                                            84/156/EEC (»);
Having regard      to    the   recommendation      from    the      Whereas the Community must therefore be enabled to
Commission,                                                         approve the programmes and measures under the
                                                                    Convention for the Prevention of Marine Pollution from
Having regard to the opinion of the European Par-                   Land-based Sources;
liament,
                                                                    Whereas the Treaty has not provided the necessary
Whereas on 3 March 1975 the Community concluded                     powers,
the Convention for the Prevention of Marine Pollution
from Land-based Sources (');
                                                                    HAS DECIDED AS FOLLOWS:
Whereas the Community has become a Contracting
Party to that Convention;                                                                     Sole Article
Whereas the Paris Commission, which administers the                 The Commission is hereby authorized to approve, on
Convention, has negotiated programmes and measures                  behalf of the Community, programmes and measures
on mercury and cadmium discharges and the Community                 relating to mercury and cadmium discharges within the
has been requested to approve them in writing by 31                 framework of the Convention for the Prevention of
December 1985;                                                      Marine Pollution from Land-based Sources.
                                                                    O   OJ No  L 129, 18. 5. 1976, p. 23.
                                                                    (») OJ No  L 81, 27. 3. 1982, p. 29.
                                                                    (4) OJ No  L 291, 24. 10. 1983, p. 1.
(') OJ No L 194, 25. 7. 1975, p. 5.                                 (4) OJ No  L 74, 17. 3. 1984, p. 49.


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

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1006
Vol. 1973/0185
 ---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(73)1006 final
                                         Brussels . 20 June 1973
                      RECOMMENDATION FOR A COUNCIL DECISION
           on the conclusion of an agreement between the European
            Economic Community and the Republic of Chile for the
                      supply of common wheat as food aid
                   ( submitted to the Council by the Commission )
   COM(73 ) 1006 final
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN" COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 113, 114 and 228 thereof ;
Having regard to the Recommendation from the Commissions
Whereas the European Economic Community has deposited a Declaration for pro
visional application of the 1971 Food Aid Convention j whereas that Convention
has "been applicable since 1 July 1971 J
Whereas the Republic of Chile , by its letter of 10 November 1972 , has requested
food aid j
Whereas in view of the cereal supply situation in the Republic of Chile that
country should be accorded , by way of gift , 20 000 metric tons of common wheat
under the Community Pood Aid Programme for 1972/73 ?
DECIDIS :
                                    Article , 1
On behalf of the European Economic Community an agreement , the text whereof
is annexed hereto , shall be concluded between the European Economic Community
and the Republic of Chile for the supply of common wheat as food aid .
                                   Article 2
The President of the Council is hereby authorised to designate those who are
to sign the agreement and to confer on them the requisite powers to bind the
Community .
Done at Brussels ,             19 • • • •                 For the Council
                                                           The President
 ---pagebreak---                   AGREMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AMD
            THE REPUBLIC OP CHILE
          ON THE SUPPLY OP POOD AID
         IH THE FORM OP COMMON WHEAT
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                        on the one part ,
THE GOVERNMENT OP THE REPUBLIC OP CHILE,
                                                        on the other part ,
HAVE DECIDED to conclude this Agreement and to this end have designated
as their plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMMUNITIES s • .
THE GOVERNMENT OP THE REPUBLIC OP CHILE :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                       - 2 -
                                    ARTICLE I
 As a part of its Pood Aid Programme (Cereals ) for 1972/73 , the European Economic
 Community shall supply the Republic of Chile , hereinafter referred to as the
 "recipient country", with 20 000 metric tons of common wheat .
                                   ARTICLE II
Deliveries will be made in bulk , fob to Community ports .
                                   ARTICLE III
The obligations and responsibilities of the European Economic Community and
of the recipient country relating to delivery and the taking of delivery are
defined in the Annex , which forms an integral part of this Agreement .
                                                               '          ι
                                   ARTICLE IV
The recipient country undertakes to make all necessary arrangements for the
transport and insurance of the product from ports of shipment to places of
destination .
It undertakes to exercise the greatest possible Gare to ensure that the
tendering arrangements for the transport by sea are not prejudicial to the
free play of fair competition . Any problems arising in this connection shall
be the subject of consultations under Article IX of the present Agreement .
                                   ARTICLE V
The recipient country undertakes to use the product received as aid for pur
poses of consumption and to apply , for the sale of the product on its market ,
the prices normally charged on that market for products of comparable quality .
                                                                         •««/•••
 ---pagebreak---                                        - 3 -
The proceeds from this sale , less the cost of sea transport , insurance and
the normal cost of selling the produot on the recipient country 's market , will
be paid into a special account and allocated to the financing of one or more
developement schemes which have already "been proposed "by the recipient country
and approved by the European Economic Community ,
                                      ARTICLE VI
The Contracting Parties undertake to implement this Agreement in such a way as to
avoid any prejudice to the normal structure of domestic production and interna–^
tional trade . To this end they shs.ll take any measured required to ensure that
aid supplies are in addition to , and do not replace , business transactions which
might reasonably be expected in the absence of such supplies . In particular , the
recipient country undertakes to import commercially from whatever source between
1 July 1973 and 30 june 1974 a minimum quantity of            metric tons of common .
wheat or its equivalent in flour of common wheat .
                                      ARTICLE VII
The recipient country shall take any measures required to prevents
(i ) , The re-export of the product received as aid and of products and by-products
       resulting from such supplies j
(ii ) The export , commercially or otherwise , within six months of the last delivery,
       either of the product obtained locally and of the same nature as the product "
       received as aid or of any products or by-products resulting from it .
                                  - ARTICLE VIII
The recipient country undertakes to inform the European Economic Community how
this Agreement is being implemented . To this end it shall provide the Commission
to the European Communities with the following information :
                                                                         • • t/l • •
 ---pagebreak---                                        - 4 -
(i      Not later than thirty days after the unloading of each cargo * ports
        and dates of arrival of the vessel ; nature , quantity and quality of
        the products unloaded ? date on which unloading was completed :
                           r            .                  '
(ii )   Every three months until the quantities received as aid have "been
        fully used : quantities sold , how they have teen sold , selling prices j
        normal selling costs on the recipient country 's market j
(iii ), On 15 January every year until the special account has teen fully
        used :
        (a) State of this account (incomings and outgoings ) on 31 December
             of the proceding yearj
        (b ) Progress achieved in the project or projects , with an indication
             of the total amount of financing undertaken at that stage .
                                    ARTICLE IX
                                                                      t-  *•
At the request of either of them , the Contracting Parties shall consult each
other on any questions concerning the implementation of this Agreement .
                                    ARTICLE X
This Agreement is drawn up in duplicate in the Danish , Dutch , English , French ,
German, Italian and Spanish languages , each of these texts being equally
authentic .
 ---pagebreak---                        ANNEX TO ARTICLE III OP THE AGREEMENT
                                    Article 1
Delivery shall be effected and risks shall pass from the European Economic
                                                       <
Community to the recipient country at the moment at which the goods have
been placed in the ship*s hold at the port of shipment .
The recipient country shall bear all costs subsequent to delivery of the goods ,
including costs of stowage and , where appropriate , of trimming and bagging .
Any demurrage costs or dispatch at the port of shipment shall be a charge on
or for the benefit of the European Econoraio Community and shall be determined
before the vessel sails . The rates and detailed arrengemerlts relating thereto
laid down in the oontract between the recipient country and the carrier must
have been agreed upon in advance by the recipient country and the authorised
agent of the European Economic Community referred to in Article 9 *
                                   Article 2
The European Economic Community shall notify the recipient country in good
tine of the port or ports of shipment , the quantities to be delivered at each
port , the period within which loading must begin , and the daily loading rate .
                                   Article 3
The European Economic Community must be prepared to load the goods in the date
resulting from the instructions in Article 8 , whereon the vessel should be ready
for loading.
                                   Article 4
On delivery of the goods , a loterance of 5 % less than the quantity to be supplied
in accordance with Article 1 of the Agreement is permitted.
 ---pagebreak---                                   Article 5
Once the goods are on board the vessel , the European Economic Community shall
notify the recipient country of the date of loading , and the quantity and
quality of the goods as recorded on loading .
                                  Article 6
The recipient country shall supply the European Economic Community , within the
period referred to in Article 2 , with a vessel of dimensions corresponding to
the normal loading potential of the port of shipment .
Should it prove impossible for the vessel to begin loading within the period
referred to in Article 2 and should the recipient country not have notified
the European Economic Community of this fact in writing at the latest by the
date on which the vessel should be ready for loading in accordance with Article 8 ,
the goods shall be at the disposal of the European Economic Comnmnity .
Whatever the circumstances , the goods shall be held at the expense , risk and
peril of the recipient country .
                                  Article 7
Should the recipient country fail to provide a vessel of suitable tonnage or
if the quantity made available for loading on a vessel of suitable tonnage
cannot be put     board in its entirety because of circumstances beyond the
control of the European Economic Community , the balance shall be loaded onto
the next vessel under the conditions laid down in this annex .
In this event , until the date of loading of this balance or until the recipient
country gives notice in writing that it gives up this balance , the goods shall be
held at the expense , risk and peril of the recipient country .
The recipient country must notify the European Economic Community within a period
of a maximum of 30 days from the beginning of loading of the shipment to which
these goods should have belonged , of the date on which loading of this balance
is due to begin or of its renunciation of this balance .
 ---pagebreak---                                       - 3 -
If this obligation is not respected , the European Economic Community may consider
that it has discharged its commitment to the recipient country under Article 1
of the Agreement ,
                                    Article 8
The recipient country shall name for the European Economio Community the vessel
that is to ship the goods at least 10 clear days prior to the estimated date
of arrival of the vessel in port or , where possible , 20 clear days prior to
this date , and shall at the same time indicate how soon after that date the
vessel will be ready for loading .
The recipient country shall insert in the charter party a clause requiring
the captain to inform the European Economic Community at least 72 hours in
advance of the vessel 's estimated date of arrival in port .
                                    Article 9
To implement the provisions of this annex , the European Economic Community
shall appoint an authorised agent , whose name and address shall be made known
in good time to the recipient country .
The recipient country shall nominate a receiving agent in each port of shipment ,
whose name and address shall be made known to the European Economic Community
before the Agreement is implemented .


title: RECOMMENDATION FOR A COUNCIL DECISION authorizing the Commission of the European Communities to take part in negotiations concerning the Protocol (to the 1976 Barcelona Convention) on specially protected areas of the Mediterranean Sea (presented by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 55
Vol. 1982/0019
 ---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(82)55 final
                                             Brussels , 17th February 1982
                     RECOMMENDATION FOR A COUNCIL DECISION
            authorizing the Commission of the European Communities to
            take part in negotiations concerning the Protocol ( to the
            1976 Barcelona Convention ) on specially protected areas of
            the Mediterranean Sea
              / | (presented by\the Commission to the Council )
                                   //o]
                       V';
C0M(82 ) 55 final
 ---pagebreak---                            EXPLANATORY MEMRANDUM
      1 . The Community has been involved in the Action Plan for the Mediterranean
          since the plan was first adopted on 16 February 1976 . Accordingly, since
16 March 1978 it has been a Contracting Party to the framework Convention on the
          Protection of the Mediterranean Sea against Pollution ( Barcelona Convention )
          and to the first Protocol thereto , which covers dumping from ships and
          ai rcraft .
          Then on 19 May 1981 the Community ratified the second Protocol , which
          concerns cooperation in combating pollution of the Mediterranean Sea
          by oi I and other harmful substances in cases of emergency .
          Finally, on 14.12.1981   a proposal for a Decision was laid before the
          Council on the conclusion by the Community of the third Protocol - on
          pollution from land-based sources ^ which was signed by the Community on
          17 May 1980 .
      2 . The Community sent representatives to the first meeting of the Contracting
          Parties to the Barcelona Convention , which was held in Geneva from
          5 to 10 February 1979 . The delegates adopted a recommendation on
          activities to promote the protection of the Mediterranean Sea and-
          coastline and called for an intergovernmental meeting to draft legislation
          on the protected areas in that region . That meeting was held in Athens
          from 13 to 17 October 1980 and produced a draft Protocol concerning
          specially protected areas of the Mediterranean . This is to be adopted
          as the fourth Protocol to the Barcelona Convention with a view to further
          extension of the system , which is intended to protect the entire
          Mediterranean environment .
 ---pagebreak---                                   2.
3 . The Protocol drafted in Athens provides      for the establishment of
    specially protected areas of the Mediterranean Sea and coastline with
    a view to conserving both the area 's common natural resources ( including
    fish , shellfish and other marine life , amphibians , reptiles , birds ,
    mammals and flora ) and the diversity of the endemic species , and to
    protect certain natural habitats .                                       1
4 . Some of the measures provided for by the draft Protocol could have
    an immediate impact on Community legislation and on the operation
    of the Community once they come into force .
    Firstly      the protective measures proposed concern trade in , and ;
    imports and exports of , the fauna and flora concerned ; they could
    therefore affect trade between the Mediterranean Member States once
    these have signed the Protocol .
    The Protocol could likewise affect the following Community legislation :
    - Directive 76 / 464 / EEC of 4 May   1976 on the pollution caused by
       certain dangerous substances discharged into the aquatic environment
       of the Community;
    - Directive 79 / 409 / EEC of 2 April 1979 concerning the conservation of
       wi Id bi rds ;
    - Directive 79 / 923 / EEC of 30 October 1979 on the quality of shellfish
       waters ;
    - Regulation ( EEC ) N° 348 / 81 of 20 January 1981 on common rules for
       imports of cetacean products .
5 . The Community is already engaged in similar actions , since on
    3 December 1981 the Council ratified the Berne Convention of 1979 , which
    sets out to conserve certain species of European flora and fauna and
    their natural habitats . The fourth Protocol would extend the protection
    afforded by the Convention to all marine life , including fish ,
    and would also embrace the countries on the southern coast of the
    Mediterranean .
                                                                           ./.
 ---pagebreak---                                3.
6 . The Community could make a valuable contribution towards harmonizing
    the methods and rules applied by the Member States when delimiting ,
    safeguarding and monitoring the protected areas . The cooperation clause
    in the Protocol will enable the Community to help any other country
    which calls for its assistance to set up its own protected areas as
    part of the Community 's overall Mediterranean policy .
    The Community 's experience and know-how, combined with its current
    research , are bound to prove extremely valuable when implementing the
    Protocol .    '
7 . A special meeting of the Contracting Parties is to be held in March 1982
    to adopt and sign the definitive version of the Protocol .
8 . Consequently, the Commission considers that the Community should enter
    into negotiations on its participation in the Protocol .
    It therefore recommends that the Council should adopt the annexed draft
    Decision .
 ---pagebreak---                                   4.
  RECOMMENDATION FOR A COUCIL DECISION AUTHORIZING THE COMMISSION OF THE
  EUROPEAN COMMUNITIES TO TAKE PART IN NEGOTIATIONS CONCERNING THE
  PROTOCOL ( TO THE 1976 BARCELONA CONVENTION ) ON SPECIALLY PROTECTED
  AREAS OF THE MEDITERRANEAN SEA
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  Having regard to the Treaty establishing the European Economic Community ,
. Having regard to the recommendation from the Commission ,
  Whereas the first two action programmes of the European Communities on
  the environment ( 1 ) stress the need to protect and to purify the sea ,
  in order that it might continue to play its part in the preservation
  and development of species , and to maintain the vital ecological
  balance ;                                     •
  Whereas the second action programme of the European Communities on the
  environment underlines the urgent need for international solutions to
  the problem of the development and ecological management of coastal
  regions ;
  Whereas cooperation with the developing countries , and in particular
  with the Community 's Mediterranean partners , on environmental matters
  is one of the prime objectives of the second action programme of the
  European Communities on the environment ;
  Whereas article 4 of the Barcelona Convention empowers the Contracting
  Parties to adopt additional Protocols prescribing measures , procedures
  and standards for the implementation of the said Convention ;
  ( 1 ) O.J. N° C 112 , 20.12.1973 ; O.J. N° C 139, 13.6.1977
 ---pagebreak--- Whereas the Community has already ratified the Barcelona Convention ,
the Protocol for the prevention of pollution of the Mediterranean Sea
by dumping from ships and aircraft and the Protocol concerning cooperation
in combating pollution of the Mediterranean Sea by oil and other harmful
substances in cases of emergency ;
Whereas , most of the signatories to the Barcelona Convention and to the
annexed Protocols enjoy, within the framework of the Community 's overall
approach to the Mediterranean , a special relationship with the Community,
particularly as regards cooperation ; whereas the Protocol concerning
specially protected areas of the Mediterranean lays down detailed rules
for such cooperation in the sectors which it covers ;
Whereas the draft protocol concerning specially protected areas of the
Mediterranean sets out to safeguard the common natural resources of
that region , to preserve the diversity of the endemic species and to
protect certain natural habitats by setting up a number of specially
protected areas ;
Whereas the said draft protocol provides for the adoption of measures
concerning trade , imports and^o^the fauna and flora protected by it
and could , therefore , affect trade between Member States ;
Whereas some provisions of the said draft protocol could affect Council
Directive 76 / 464 / EEC of 4 May 1976 on pollution caused by certain
dangerous substances discharged into the aquatic environment of the
Community, Directive 79 / 409 / EEC of 2 April 1979 on the conservation of
wild birds , Directive 29/ 923 / EEC of 30 October 1979 on the quality
required of shellfish waters and Council Regulation ( EEC ) N° 348 / 81 of
20 January 19b1 on common rules for imports of cetacean products ;
Whereas the Community should therefore participate in the Protocol ;
 ---pagebreak--- HAS DECIDED AS FOLLOWS
                    Sole Article
The Commission is hereby authorized to take part in the negotiations
concerning the Protocol ( to the 1976 Barcelona Convention )
concerning specially protected areas of the Mediterranean Sea with
a view to conclusion of that Protocol by the Community .
               I
              i
It shall conduct those negotiations in accordance with the annexed
directives and with any others which may be issued subsequently .
                                             Done at Brussels ,
                                             For the Council ,
                                            The President ,
 ---pagebreak---                            7.
Directives concerning the negotiations
The Protocol ( to the 1976 Barcelona Convention ) concerning specially
protected areas of the Mediterranean Sea must be adopted to allow
the Community to become a Contracting Party   thereto , due consideration
being given to the common rules which have already been adopted in
the fiels concerned .


RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE COMMISSION TO OPEN NEGOTIATIONS ON THE TEMPORARY AMENDMENT OF CERTAIN PROVISIONS OF THE ARRANGEMENTS CONCERNING CHEESE CONCLUDED BY THE COMMUNITY WITH NEW ZEALAND AND AUSTRALIA IN RESPECT OF IMPORTS OF CERTAIN CHEESES INTO THE COMMUNITY


title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the Ethiopian Empire for the supply of soft wheat as food aid

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1773
Vol. 1973/0306
 ---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(73)1773 final
                                                          Brussels , 22 October 1973
                             RECOMMERDATION . FOR A
                               COUNCIL DECISION
on "the conclusion of an agreement "between the     European Economic Community
   and the Ethiopian Empire for the supply of soft wheat as food aid
                ( submitted to the Council by the Commission)
COM(73 ) 1773 final
 ---pagebreak---  THE COUNCIL OP 5.1IE EOPOPLTJ COLHOTITIES ,
Having regard to tho Treaty establishing -the European Econcr/lic Community,
and in particular Articles 113 , 114 said 228 -thereof ;
Having regard to the Reconrr.endat i on iron the Commission ;
Whereas the European Economic Community has deposited a Declaration for
 provisional application of the 1971 Food Aid Convention ; whereas that
Convention has been applicable since 1 July 1971 ;
                                       «
Whereas the Ethiopian Rnpire                        , by its letter o± 10 September 1973 »
submitted a request for emergency food aid ;
Whereas in view of the cereal supply situation in the Ethiopian Empire
that country should be accorded , by way of gift ,                    5 000   metric tons
of soft wheat              under the Community Pood Aid Programme for 1972/73 ;
                                       Article 1
                                       ■ ■■> ■ – WlB |. ll»|lll
On behalf of the European Economic Community an Agreement , tne text uhoreof
is annexed hereto , nhe.ll be concluded between the European Economic Coirj.iunity
and tho Ethiopian Empire                                        for the supply of soft wheat
as food aid .
                                       Article 2
                                                                        %
Tho President of tho Council is hereby authorized to designate those who
are to sign the Agreement and to confer on them the requisite powers to bind
                                                                          r
the Community . '                                                          v•
Done at Brussels ,             19..'..                                     Por the Council
                                                                            The President
 ---pagebreak---                  • AGIOTENT
BETWEE1T THE EUROPE'UT EC0170LHC COLEIUiTITY
IdTD am ETHIOPIAN EMPIRE
COlTGETaJIITG THE SUPPLY AS FOOD AID OP
SOFT WHEAT
 ---pagebreak---  THE C0U17CIL OF TI13 EUROPEA!! COCTìaTITB ,
                                                        on the one liand ,
TUB IMPERIAL GOVERNMENT OF ETHIOPIA ,
                                                        on "tiie other hand ,
1IAV3 DECIDED to conclude this Agreement end to this end have designated
an their plenipotentiaries :
TUB COUNCIL OF THE J5DR0PEAIT COI-E-ICIiJITIES:
THE IMPERIAL GOVERNMENT OF ETHIOPIA :
MO HATE AGREED AS FOLLOV/S :
 ---pagebreak---                             Article  I
As a part of its Food Aid. Programme ( Cereals ) for 197 2/7 3 "the European
Economic Community shall supply 5 000 metric tons of soft wheat as a
gift to the Ethiopian Empire , hereinafter referred to as the "recipient
country ".
                            Article  II
Deliveries will "be made cif to ports of unloading in the recipient
country in jute bags of net weight of 50 kg each .
                            Article  III
The obligations and responsibilities of the European Economic Community
and of the recipient country relating to delivery and the taking of
delivery are defined in the Annex which form an integral part of this
Agreement .
                            Article  IV
The recipient country undertakes to make all necessary arrangements
for the transport and insurance of the porduct from ports of unloading
to places of destination .
                            Article  V
The recipient country undertakes to use the products received as aid for
purposes of consumption and to distribute such products to people in
need free of charge .
 ---pagebreak---                                 - 3 -
                              Article   VI
The Contracting Parties undertake to implement this Agreement in such a
way as to avoid any prejudice to the normal structure of domestic
production and indernational trade . To this end they shall take any
measures required to ensure that aid supplies are in addition to , and
do not replace , business transactions which might reasonably be expected
in the absence of such supplies .
                              Article   VII
The recipient country shall take any measures required to prevent :
  ( i ) The re-export of the product received as aid and of products and
        by-products resulting from such supplies ;
( ii ) The export , commercially or otherwise , within six months of the
        last delivery , either of the product obtained locally and of the
        same nature as the product received as aid or any products or
        by-products resulting from it .
                              Article   VIII
The recipient country undertakes to inform the European Economic
Community how this Agreement is being implemented . To this end , it
shall provide the Commission of the European Communities with the
following informations :
  ( i ) Not more than thirty days after the unloading of each cargo :
        ports and dates of arrival of the vessel ; nature , quantity and quality
        of the products unloaded ; dat on which unloading was completed ;
( ii ) Every three months until the quantities received as aid have been
        fully used : a situation report giving , in particular , the number
        and nature of the recipients , the quantities distributed , and the
        place and method of distribution .
 ---pagebreak---                            - 4 -
                        Article  IX
At the request of either of them , the Contracting Parties shall oonsult
each other on any questions concerning the implementation of this
Agreement .
                        Article  X
This Agreement is drawn up in duplicate in the Danish , Dutch , English ,
French , German and Italian languages , each of these texts being equally
authentic .
 ---pagebreak---  Delivery shall "bo completed and the risks shall pass from the Euro peril
 Economic Community to the recipient country as soon as the goods are actually
 taken in charge in the ship 's hold at the port of unloading .
 The recipient country sha.ll "bear    all costs subsequent to delivery of the
 goods , including the costs of unloading (breaking , "bulk , hoisting , talcing
 delivery , for example ) as well as any lighterage costs .
 Any demurrage costs or dispatch money at the port of unloading shall , as the
 case may be , "be "borne "by or paid to the recipient country . The rates and
 conditions of payment applying to any contract bet;:een the Comiaunity agent
referred to in Article 5 and the carrier must have "been previously agreed
"between that agent s;nd the recipient country 's agent referred to in Article 5
                                  Article 2
Tne European Economic Community shall forward to the recipient country ,
as soon as possible after the goods have "been shipped , a notice giving the
name of the ship , the date of loading , the quantity and quality of the goods
                                                                             i
on loading end the port of unloading .                                         ' •
                                  Article 3
The European Economic Community shall inform the recipient country of the
                                                           *
ship 's presumed date of arrival at the port of unloading at least ten clear
days "before that date .
                                                              '/           t
                 .»                         ••                 »
                 *                                             \
The European Economic Community "shall cause to "be inserted in tho charter-
party an undertaking "by the captain to give to the recipient country at
least 72 hours' notice of the probable date of the ship 's arrival in the port
 ---pagebreak--- On delivery of "the goods ,, a "tolerance: of 5 /' less than "the quc-Jitity to bo
supplied in accordance with /article 1 of the Agreement is permitted .
                                    Article 5 '
The European Economic Corrurrunity chall appoint vxx agent to implement the
provisions of this Annex , and shall in good time' forward the latter' s
name and address 'ID the recipient country .
The recipient country shall appoint an agent in each port of unloading ,
paid shall forward the latter' s name and address to the Europe oil Economic
Community prior to implementation of the Agreement .