title: RECOMMENDATION FOR A DECISION OF THE COUNCIL AND OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBERS STATES, MEETING WITHIN THE COUNCIL ON THE OPENING OF NEGOTIATIONS WITH YUGOSLAVIA TO ADAPT THE AGREEMENTS BETWEEN THE COMMUNITY AND YUGOSLAVIA TO TAKE ACCOUNT OF THE ACCESSION OF GREECE TO THE EUROPEAN COMMUNITIES (presented by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 593
Vol. 1980/0188
 ---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,
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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
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak---                                                            COM(80)593    final
      COMMISSION                                                   Brussels , 17th October 1980
         Or THE
EUROPEAN COMMUNITIES                                               FOR OFFICIAL USE ONLY
    General Secretoriaf
                  RECOMMENDATION FOR A DECISION OF THE COUNCIL AND OF THE
                REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBERS STATES ,
                MEETING WITHIN THE COUNCIL ON THE OPENING OF NEGOTIATIONS
                        WITH YUGOSLAVIA TO ADAPT THE AGREEMENTS BETWEEN THE
                           COMMUNITY AND YUGOSLAVIA TO TAKE ACCOUNT OF THE
                           ACCESSION OF GREECE TO THE EUROPEAN COMMUNITIES
                            ( presented by the Commission to the Council )
C0M(80 ) 593 final
 ---pagebreak---                            INTRODUCTION
         Article 118 paragraph I of the Act concerning the Conditions of
  Accession of the Hellenic Republic and the adjustments to the Treaties
  states that from 1.1.1981 , the agreed date for the entry into force of the
  Act of Accession , the Hellenic Republic should apply the provisions of the
  agreements the Community has concluded with certain third countries .
         Article 118 goes on to state that the transitional measures and
  adjustments shall be the subject of protocols concluded with the co-
  contracting third countries and annexed to those agreements .
        When the Treaty of Accession was signed on 28 May 1979 , the new
  agreements with Yugoslavia had not been concluded .       Articlj 120 paragraph 2
  of the Act of Accession was therefore drafted with Yugoslavia in mind and
  states that the provisions of Article 118 ( and 119 ) should apply to any
- new agreement that the Community should conclude with other third ,countries
  in the Mediterranean region before the entry into force of the Act of
  Accession .                     -
        On 28 November 1979 , thxe Commission reported to the Council on the
  exploratory talks that it had held with the Community 's co-contracting
                      1
  trading partners      and made a recommendation for a Council Decision to open
  negotiations with these countries together with negotiating directives .
  Yugoslavia was not included in this report since the new agreement had
  not been concluded at that time .     On 11 February 1980 , the Council and the
  representatives of the governments of the Member States meeting within the
  Council authorized the Commission to open negotiations with these countries2
  with a view to concluding protocols of adaptation and transition to the
  agreements with those countries to take account of the accession of Greece
  to the European Communities .
     Doc . COM ( 79)693 final
  2 Doc . 4352 /80 .
 ---pagebreak---                                                                            2.
      The Commission undertook exploratory talks with Yugoslavia between June
and September 1980 and a report on these talks is set out in the following
pages .  Contacts also took place with the Greek authorities to inform them of
developments and reference is also made to these contacts .
      The Commission is now recommending that Yugoslavia should be included
along with the Community 's other co-contracting trading partners in the
general negotiati ng directives approved by the Council on 11 February 1980 ,
as contained in the Council document 4352 / 80 .   This recommendation is in
line with the provisions of Articles 118 , 119 and 120 of the Act of Accession .
      It should be noted that under the terms of the Act of Accession , Greece
has been granted certain transitional arrangements towards the Community
in the tariff and non-tariff fields .     Greece therefore also requires
similar transitional arrangements towards the Community 's preferential
partners ( including Yugoslav/ ia ) since it is Laid down in the Act of Accession
( Article 118 ) that Greece may not grant any third countries more favourable
treatment than she grants the Community as at present constituted .
 ---pagebreak---                                                                                3.
 PART ONE     -     Greek Accession and EEC-Yugoslavia Cooperation Agreement
 1.   Position of Greece
                                                            /
       Even before the Commission had embarked upon exploratory talks with
 Yugoslavia , the Greek government had set out its position with regard to the
 EEC-Yugoslavia Cooperation Agreement in a Note Verbale of 17 March 1980 ( 1 ),
 which was presented in the framework of the 6th meeting of the EEC-Greece
 Interim Committee of that same date .
       The substance of the Greek Note Verbale can be conveniently divided into
three sectors - industrial trade , agriculture and road transport operations between
Greece and the Community via Yugoslavia .
 (a)   IndL^trial Trade .
       In the industrial field , Greece made three requests for transitional
arrangements over a 5-year period :
          i)      Ceilings                      '
                Transitional arrangements in the form of tariff ceilings were requested
                for five products ( 2 ): sawn wood ( 4405 ex C ), certain paper products
                 ( 4801 ex F , 4804 A , 4805 ex B ), synthetic textile fibres ( 5601 ex A ),
                certain types of electric batteries ( ex 8503 ) and certain toys ( 9703 ),
         ii )   Quantitative restrictions
                Greece requested transitional quantitative restrictions towards
                Yugoslavia for seven industrial products : certain tubes (7318 ex C ),
                radiators for central heating ( ex 7337 ), cabinets for fridges ( 8415
                C ex II ), machines for working marble ( ex 8446), band *ws for working
                wood ( ex 8447), certain motors (8501 R ) «»nH c»rtain pens (9803)
(1)   5844 / 80 C0NS / GR 8 YU 7
( 2 ) The list of products was slightly modified in a note to the Commission
      of May 2 , 1980
 ---pagebreak---    '   lii )  Tariff Regime
              Greece requested progressive tariff dismantlement towards Yugoslavia •
                                                 / •
              for all products ^ irrespective of whether they belong -to the so-called
                                                                                t ■
              " 12-year list " or the " 22-year list " ( 1 ).
 b)   A2riculture_and_grocessed_agricultural_groducts
      Greece requested the gradual application of the tariff concessions granted
 by the Community in respect of agricultural products and processed agricultural
 products .
 c)   Road transgort_g|3erations_between_Greece_and_the_Community_yia 1 Yugosl avi a         >
      Greece firstly recalled the agreement within the framework of the accession
negotiations ( 2 ) whereby the Commission would undertake exploratory talks with
Yugoslavia ,    with a view to the possible conclusion of an "agreement on this
matter , and      requested that the protocol to be negotiated contain a Joint
Statement on Road Transport .      This Joint Statement would enlarge upon the Joint .
Statement on . transit which was entered into the minutes of the negotiations of
the EEC-Yugoslavia Cooperation Agreement and would state that 'road transport
operations across Yugoslavia should be free from any barriers . 1 i n addition ,
Greece requested the suppression by Yugoslavia of all transit taxes .
                       V
Community position                                               ;
      At the 6th meeting of the Interim Committee , the Community took note of
the Greek requests and concerns and added that the matter would be examined in
the course of the Commission 's forthcoming exploratory talks with Yugoslavia ( 3 ).
Commission Position
      Before giving an account of the exploratory talks with        Yugoslavia ,- the
Commission considers it useful to make some preliminary comments on the extensive ,
transitional arrangements requested by Greece in the framework of the Interim
Committee 1 .       ■>
      As mentioned in the Introduction to this Communication , the negotiations
for the EEC-Yugoslavia Cooperation Agreement had not been concluded when the
(1)   The "22-year list " is a list of industrial products annexed to the EEC-Greece
       Association Agreement and governed by a timetable of tariff dismantlement
      over 22 years . The " 12-year list " is not , in fact , a list at all , but contains
      all products not on the 22-year list . Tariff dismantlement for these products
      took place over 12 years ending in 1974 .       Thus Greece no longer applies Customs
      duties on imports from the Community for these products .
(2) CCNF GR 18/79
( 3 ) 5096/80 CORS/CR 9 YU 8
 ---pagebreak--- Treaty of Accession was signed on 28 May 1979 .     Nevertheless , Article 1^0
paragraph 2 was designed to encounter any difficulties and was drafted with
Yugoslavia in mind .    This article indicates that Yugoslavia will be treated
by Greece on the same lines as Greece treats the Community 's other preferential
partners during the 5-year transitional period following Greek accession .
Moreover , as a generaL rule ( in the tariff and non-tariff areas ), where the
Community has granted Greece transitional arrangements , Greece will also be
granted transitional arrangements by the Community 's preferential partners .
      However , the very extensive transitional arrangements requested by Greece
towards Yugoslavia underline the Greek view that during the transitional period ,
Greece wishes to treat Yugoslavia as a " third country " rather than as a
" preferential partner ".   In particular in the tariff field , Greece has requested
transitional arrangements for all products , instead of      only for the " 22-year
list " products ( as is  the case for other preferential partners ) ( 1 ).  Moreover ,
Greece has requested transitional quantitive restrictions for 7 products ( as
opposed to a maximum of 3 for other preferential partners ) and transitional
ceilings for 5 products ( 2 ),
      In the agricultural sector , the negotiating directives for preferential
partners as contained in Council Doc . 4352 /80 state that in the tariff field ,
the preferential rates provided for or calculated ( as a percentage of the
CCT duty ) will be applied to the duties actually levied by Greece in respect
of third countries during the transitional period .     Thus , in this sector , an
element of progressivity already exists and there should be no major difficulties .
      The essential Greek arguments for their position are threefold .      Firstly ,
Greece has a somewhat different interpretation of the nature of the EEC-
Yugoslavia Cooperation Agreement from that of the Community .      Greece maintains
that the agreement is , indeed , a cooperation agreement but it does not rank as
a " preferential " trade agreement .  Secondly , Greece fears that , due to the
geographical proximity of Yugoslavia , the Greek market is particularly threatened
by cheap imports from Yugoslavia .    Finally , Greece considers that the Joint
(1)   See page 2 of Council Doc . 4352 /80
 (2)  Under the terms of the Act of Accession , Greece will not be applying
      ceilings for ajiy products towards the Community# Moreover , in
      the course of the EFTA negotiations , all Greek requests for additional
      ceilings were withdrawn .   See CCM(8O)317 *
 ---pagebreak---                                                                              6.
          »
Declaration on transit as contained in the minutes of the negotiations for
the EEC-Yugoslavia Cooperation Agreement is of a general nature and does not
safeguard Greek interests .   What Greece requires , is road transport through
Yugoslavia without any obstacles to trade .   As has been confirmed in contacts
with the Greek authorities , underlying   this Greek approach towards these
commercial questions , is her desire for satisfactory road transport arrangements .
      In the commercial field , the Commission firmly rejects the Greek approach
and considers that , in general terms , Yugoslavia should be treated by Greece
in the same manner as Greece treats the other preferential partners of the
Community .  The Commission therefore considers that Yugoslavia should be
added to the list of countries contained . in the general negotiating directives
applicable to co-contracting " preferential " partners which were approved by
the Council on 11 February 1980 , as   contained in Council Doc . 4352 /80 .
      The Commission does not exclude , however , the possibility of Greece main
taining certain additional quantitive restrictions or ceiling" -For
a number of very sensitive products on the basis of strong economic justification
                                       1
           i
 ---pagebreak---                                                                                7.
4 , Position of Yugoslavia
           During the course of the exploratory talks , three main issues were discussed
     with the Yugoslav authorities - commercial questions in the industrial sector ,
     agriculture ( with special reference to baby beef ) and road transport between
     Greece and the Community via Yugoslavia ." In addition , Yugoslavia underlined that
     the negotiation of a protocol to take account of Greek accession should in no
     way lead to a devaluation of the contents of the Cooperation Agreement .
       (i)   Commerci^l_guestions_in_the_2ndustria l_sector
           With regard to the regime for the dismantlement of Customs duties proposed
    by Greece , Yugoslavia considered that she should receive the same treatment as the
    Community 's other preferential partners on the Greek market , and saw no
    justification for this " discrimination ".      However , . with regard to the additional
    quantitive restrictions and tariff ceilings , the Yugoslav authorities stated
    their readiness to examine the Greek requests during the course of the forth
    coming negotiations .                    ,
      (n)    Agri culture ( ££2Ì!5e_f2£_bab£_beef )
           With regard to the quota for baby / beef in the Cooperation Agreement , Yugo
    slavia considered that it should be increased by 50,000 tonnes / annum to take
    account of Greek accession and , with regard to Greece , Yugoslav exports of baby
    beef should be free from any application of the levy system .          With regard to the
    size of the quota , Yugoslavia pointed out that during 1978 , Greece imported more
    than four times as much baby beef as the entire Community , and that baby beef
    represented 75% of Yugoslavia 's exports to Greece .         The Greek market is
.   Yugoslavia 's major export market for this       product .    With regard to its
   proposal for the elimination of the levy , Yugoslavia explained that the elimi
    nation of the levy should be for a five-year period in order to allow sufficient
    time for Yugoslavia to examine changes in the structure of imports of its beef
   meat .
                                                                                • ■ ■/• • •
 ---pagebreak---                 ( iii ) 5°ad__ t r a ns go r t_ be t w een_G r e'e£«_ a nd_ th e_ C ommuni^ t v i a Yugoslavia
                      ■ Whilst Yugoslavia understood Greece 's concern regarding road transport to
                the Community via Yugoslavia , Yugoslavia pointed out that its road network was
                3lready heavily overloaded and any further liberalization. would be difficult
                to accept . Improvements in its road infrastructure were necessary and , in this
 A              context , a common effort should be made to define major Urunk roads of common
                interest .    In addition , more emphasis should be laid upon railways and combined
                transport ( roll on , roll off ).               Furthermore , in return for .any liberalisation ,
                Yugoslavia also requested that Yugoslav transporters should be granted an
                increased participation in road haulage with the Community* Moreover , Yugoslavia
                stated that there could be no question of accepting Greece 's request for the sup
                pression of transit taxes . Yugoslavia concluded by stating its willingness to
                examine the problem of road transit in further depth .                             ^
        5 . Position of the Commission
               (i )    The Industria_l_Sector                                                                         v
  • 1                              >                      '     '                              ' -
                       The Commission 's position with regard to transitional arrangements for
              Greece in the industrial sector has already been dealt with in pages 2-4 of this
y     .   *                              •                         *                                                    .. .
              communication . , The Commission considers that Yugoslavia should be treated by
              Greece in the same manner as Greece treats the other preferential partners of
            , the Community with regard to the elimination of Customs duties ( i.e. transition
              only for the " 22 year list " products ).                                       - . /
                      With regard* to the Greek requests for additional quantitive restrictions
              and ceilings , these requests will be dealt with in the course of the negotiations
              and will only be accepted on the basis of strong economic justification .                          As
              was the case in the negotiations with other preferential partners of the Community,
              during the course of the forthcoming negotiations with Yugoslavia , a number of pro-
        ~ cWcts for which transitional quotas and ceilings have been . requested by Greece ,
              may be eliminated from the lists in the case where the economic justification is
              not sufficiently substantial .                  ,
                     In addition , as was the case in negotiations with the other preferential
              partners of the Community , the Commission does not intend to propose the levels of any
              quotas or ceilings at this^tage.This matter will be dealt with during the course
              of the negotiations . (1 )                .                                      -               ,    ,
               ( 1 ) See C0M(79)693 page 15
 ---pagebreak---                                                                                9.
  ( ii )  Agriculture ( baby beef )
         With regard to Yugoslavia 's proposal that Greece should not apply the
  levy system in respect of her baby beef exports during the transitional period ,
  the Commission would point Out that such a proposal cannot be accepted . Firstky,
  it could lead to Greece granting Yugoslavia more favourable treatment than she
  grants to the Community during the transitional period , which would be against
  the provisions of Article 118 of the Act of Accession .        Secondly , the Yugoslav
  proposal amounts more to an economic adaptation of the agreement than a transitional
  measure .    Finally , the negotiating directives of 11 February Regarding the
  other preferential partners ( 1 ) deal with this matter satisfactorily and state
  that "preferential arrangements providing for non-tariff advantages , and more
i especially for reductions in levies , shall be applied in full by Greece from           .
  the date of accession ".
         With regard to the quota of 50,000 tonnes proposed by Yugoslavia , the
  Commission considers that this is a question that must be dealt with in the course
  of the negotiations .
                                                                          • • •/ • • •
  (1)    Councl Doc . 4352/ 80 page 6
  (2)    Greece imported the following quantities of baby "beef from Yugoslavia
         over the past four years :
                            Year             Quantity ( tonnes )
                            1976                  21,016
                            1977                  37,831
                            1978                  48,799
                            1979                  30,356
 ---pagebreak---          ?
                                                                                10 .
( iii ) Road transport operations between_Graece_and_the_Commumty_via_Yugcslavia_
       At present , under the terms of a bi-lateral arrangement , Yugoslavia grants
Greece 26,000 transit authorizations ( Licences ). Any increase in the volume
of these licences is Cie=;rly a bi-lateral question between Greece and Yugoslavia
and does not fall within Community competence .
       However , under the rules of Community transport legislation , and . in
particular under the Community quota ( 1 ), it is essential to ensure that
                                        I
Greece is treated on an equal footing with other Member States with regard to
the possibilities of market access . A possible solution to this problem may be
found by negotiating for transit authorizations to be granted V Yugoslavia
to the Community for transport operators carrying traffic between the
Community as at present constituted and Greece under the Community quota system .
The number of transit authorizations should amount at least to Greece 's quota
under the Community quota system .    Any agreement reached with Yugoslavia could
either "be contained in an exchange of letters or even laid down in the
protocol .                                     ,
6 . CONCLUSION
       As mentioned in the Introduction , the Commission is therefore recommending
 that Yugoslavia be included along with Community 's other co-contracting trading
 partners in the general negotiating directives approved by the Council on
 11 February 1980 , as contained in the Council document 4352 /80 .   . Specific
 transitional arrangements for Yugoslavia are to be found in the Annex to
Part Two of this Communication .
(1)    The Community quota is a system whereby each Member State is granted a certain
       number of multi-lateral authorizations . Under, these authorizations , each
       operator may transport without quantitative restrictions in international traffic
       within the Community .                                             .
 ---pagebreak---                                Recommendation for a
                               Decision of the Council and
          of the Representatives of the Governments of the Member States ,
                            meeting within the Council
                     on the opening of negotiations with
                                  Yugoslavia
                     to adapt the agreements between the
                           Community and Yugoslavia
                 to take account of the accession of Greece
                           to the European Communities
THE COUNCIL OF THE EUROPEAN COMMUNITIES , AND THE REPRESENTATIVES OF    '
THE GOVERNMENTS OF THE MEMBER STATES , MEETING WITHIN THE COUNCIL ,
Having regard to the Treaty establishing the European Economic
Community
Having regard to the recommendation from the Commission ,                   ,
Whereas it is necessary to adapt the Agreements concluded between the Community
and Yugoslavia to take account of the accession of Greece to the European
Communities and to this end open negotiations with Yugoslavia ,
HAVE DECIDED AS FOLLOWS : '                         .
                               Sole Article
      The Commission is hereby authorized to open negotiations with Yugoslavia
with a view to concluding protocols of adaptation and transition to the agreements
with Yugoslavia to take account of the accession of Greede to the European
Communities .            ,
      The Commission shall conduct these negotiations on the basisr of the directives
annexed to Council document 4352 /80 in consultation with representatives from the
Membe ^ States .   Representatives of the Hellenic Republic shall be associated with
the work , as observers , side by side with the representatives of the present
Member States .
 ---pagebreak---                                                                  ANNEX
                                                            YUGOSLAVIA
          II .   SPECIFIC TRANSITIONAL ARRANGEMENTS ON A COUNTRY
                 BY COUNTRY BASIS AND TECHNICAL ADAPTATIONS TO
                 THE PREFERENTIAL AGREEMENTS .
               *
                                 t
4352 / 80
 ---pagebreak---                           YUGOSLAVIA
QUANTITATIVE RESTRICTIONS
   CCT
 Heading No .                       Description
    73.18        Tubes and pipes and blanks therefore , of iron ( other than
                 of cast iron ) or steel , excluding high-pressure hydro
                 electric conduits :
                 ex C. Other :
                         - of circular section , not threaded , fitted at both
                            ends with rapid assembly devices , intended for use
                            in irrigating fields ( after connection with
                            sprinkling appliances ).
 ex 73.37        Boilers ( excluding boilers of heading no . 84.01 ) and radia
                 tors , for central heating , not electrically heated , and
                 parts thereof , of iron or steel ; air heaters and hot air
                 distributors ( including those which can also distribute 1
                 cool or conditioned air ), not electrically heated , incor - ,
                 porating a motor-driven fan or blower , and parts thereof ,
                 of iron or steel :
                 -    Boilers for central heating
                 -    Radiators for central heating .
                    *                             ~
    84.15        Refrigerators and refrigerating equipment ( electrical and
                 other ) :
                 C. Other :                     <
                 ex II . Other :
                           - Cabinets not equipped with cooling apparatus .
 ex 84.46        Machine-tools for working stone , ceramics , concrete ,
                 asbestos-cement and like mineral materials or for working
                 glass in the cold , other than machines *fal ling within
                 heading no . 84.49 :
                 -    Machines and apparatus for working marble , excluding
                      such machines and apparatus which are hand-held and
                      electrically operated .
ex 84.47         Machine-tools for working wood , cork , bone , ebonite
                 ( vulcanite ), hard artificial plastic materials or other
                 hard carving materials , other than machines falling within
                 heading no . 84.49 :
                 -    Band saws for working wood .
 ---pagebreak---    CCT  _
Heading No .                            Description
    85.01    Electrical goods Of the following descriptions : generators ,
             motors , converters ( rotary or static ), transformers , rectifiers
             and rectifying apparatus , inductors ;
             B. Other :
                    I.    Generators , motors ( chether or not equipped with
        •                 speed reducing , changing or step-up gear ) and rotary
                          converters :
                          ex b ) Other : ■
             '                     -    Motors of an output of not less than 370
                                        watts and not more than 370,000 watts
                 II .     Transformers , static converters , rectifiers and
                          rectifying apparatus ; inductors .
                        'ex C. Parts :             -
                                   - of motors of an output of not less than *
                                      370 watts and not more than 370,000 watts .
                                   - transformers and static converters ( recti
                                      fiers , etc .); inductors
     98.03   Fountain pens ; stylograph pens and pencils ( including ball
             point pens and pencils ) and other pens , penholders , pencil-
             holders and similar holders , propelling pencils and sliding
             pencils ; parts and fittings thereof , other than those
             falling within heading no . 98.04 or 98.05 :
             ex B. Other- pens , pen-holders ; propelling pencils and
                       sliding pencils ; pencil-holders and similar
                       holders ;
               ,          Ball-point 'pencils' and felt-tipped pens , non-        /
                  i       ref i I lable      .           -
                 C. Parts and fittings :
                       ex   Ij Parts of base metal , turned from bars , rods ,
                                  angles , shapes , sections or wire , of solid
                                  section :          ,
                     ^            - Parts of ball-point "pencils" and felt
                               "     tipped pens , non-refi liable , excluding
                                     ball points .
                       ex II . Other :                                      -
                                  - Parts of ball-point "pencils " and felt-
                                     tipped pens , non-ref illable , excluding
                                     ball points of plastic fibre and felt
 ---pagebreak---                                                                                3.
                               YUGOSLAVIA
2.    CEILINGS
     CCT
                                        Description
   Heading no.
      44.05     Wood sawn Lengthwise , sliced or peeled , but not further prepared ,
                of a thickness exceeding 5 mm :
                ex C. Other , excluding walnut , boxwood , mahogany , rosewood , citron-
                       wood , palm and the like or sweet-smelling woods .
      48.01     Paper and. paperboard ( including cellulose wadding), in rolls
                or sheets
                ex F. Other:                                                   v
                       - Cellulose wadding
                          Webs of cellulose fibres ( soft tissues )
                       - Sulphite wrapping and packaging paper
                       - Semi-chemical fluting paper
                       - Strawpaper
                       - Wrapping and packaging paper and paperboard made from
                   1      waste-paper .
                       - Paper and paperboard consisting of two or more layers of dif
                          ferent composition ( duplex , triplex , multiplex , etc .)
                       - Other paperboard ^ excluding strawboard and presspahn
     ex 48.04  Composite paper or paperboard (made by sticking flat layers together
               with an adhesive ), not surfaco-coated or impregnated, whether or not
               internally reinforced , in rolls or sheets
               - Composite paper and paperboard , of Bristol and similar types
     48.05     Paper and paperboard , corrugated (with or without flat surface sheet s )
               creped , crinkled , embossed or perforated , in rolls or sheets s
               ex B. Other :
                     – Creped household and toilet paper
     56.01     Man-made fibres ( discontinuous ), not carded, combed or otherwise
               prepared for spinning :
               ex A.    Synthctic textile fibres :
                       – weighing 0.33 mg/m or more
     ex 85.03  Primaiy cells and primary batteries :
               - Primary cells and primary batteries of a volume of 300 cm3 or less
     97.03     Other toys ; working models of a kind used for recreational purposes
 ---pagebreak--- 3.   TRANSPORT
      The negotiation of an agreement with Yugoslavia to be Laid down in the
protocol or in an exchange of letters on road transport operation ^ between
Greece and the Community via Yugoslavia carried out under Community transport
 legislation .
4.   TECHNICAL ADAPTATIONS
      To be determined taking into account the date of entry into force of
the agreements between Yugoslavia and the Community .


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52007PC0636

Recommendation for a Council Decision on the European Capital of Culture event for the year 2011  /* COM/2007/0636 final */

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 23.10.2007COM(2007) 636 finalRecommendation for aCOUNCIL DECISIONon the European Capital of Culture event for the year 2011(presented by the Commission)EXPLANATORY MEMORANDUMDecision 1622/2006/EC of the European Parliament and the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019, [1] lays down the procedure of designation of the European Capitals of Culture. According to Article 2 of this Decision, from 2009 onwards, two cities of two Member States will be designated as European Capitals of Culture, in turn, according to the chronological order set out in the Annex to the Decision.In accordance with Article 14, the nomination for European Capitals of Culture concerning the year 2011 is submitted to transitional provisions, as follows.The nominations are notified to the European Parliament, the Council, the Commission and the Committee of the Regions by the Member States concerned no later than four years before the event in question is due to begin.The Commission forms a selection panel which issues a report on the nominations judged against the objectives and characteristics of this action. The selection panel is composed of leading independent figures who are experts on the cultural sector. The selection panel submits its report to the Commission, the European Parliament and the Council.The European Parliament may forward an opinion to the Commission on the nominations no later than 3 months after receipt of the report.The Council, acting on a recommendation from the Commission drawn up in the light of the selection panel’s report, officially designates the cities in question for the year for which they have been nominated.In accordance with article 2 and the Annex, Finland notified the nomination of Turku and Estonia nominated Tallinn for the 2011 title before the end of 2006.The selection panel met on 4 June 2007 to examine the nominations. This examination included hearings of representatives from the candidate cities. The panel submitted its report to the Commission on 11 June 2007; at the request of the panel, the Commission forwarded the report to the other Institutions.On the basis of an overall evaluation of the applications the panel – while suggesting some improvements - reached a consensus to recommend to the Institutions of the European Union that Tallinn and Turku host the European Capital of Culture in 2011.The Committee on Culture and Education of the European Parliament forwarded a letter to DG EAC on 13 September, as a follow up to the panel’s report which had been received, to highlight the relevant aspects of the exchange of views it had on this matter. In conclusion, the Commission, in accordance with Article 14 of Decision 1622/2006/EC submits to the Council the appended recommendation for the official designation of Turku and Tallinn respectively for the 2011 European Capital of Culture event.Recommendation for aCOUNCIL DECISIONon the European Capital of Culture event for the year 2011THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Decision n° 1622/2006/EC of the European Parliament and the Council establishing a Community action for the European Capital of Culture event for the years 2007 to 2019,[2] and in particular its Article14,Having regard to the Selection Panel report of September 2007 submitted to the Commission, the European Parliament, the Council in accordance with Article 14 paragraph 2 of Decision n° 1622/2006/EC,Considering that the criteria referred to in Article 14 paragraph 3 of Decision 1622/2006/EC are entirely fulfilled,Having regard to the recommendation from the Commission of the [ ] 2007,HAS ADOPTED THIS DECISION:Article 1Turku and Tallinn are designated as “European Capital of Culture 2011” in accordance with Article 14 of Decision 1622/2006/EC.Article 2The designated cities shall take the necessary measures in order to ensure the effective implementation of Article 3 of Decision 1622/2006/EC.Done at Brussels, […]For the CouncilThe President […] [1] OJ L 304 of 3.11.2006, p. 1.[2] OJ L 304 of 3.11.2006, p. 1.


RECOMMENDATION FOR A COUNCIL DECISION AMENDING THE DECISION OF 30 APRIL 1985 AUTHORIZING THE COMMISSION TO PARTICIPATE IN NEGOTIATIONS ON MODIFYING THE CUSTOMS CONVENTION ON CONTAINERS, 1972


title: Recommendation for a Council Decision establishing, in accordance with Article 104(8) of the EC Treaty, that the action taken by Germany in response to the recommendations made by the Council pursuant to Article 104(7) of the Treaty is proving to be inadequate

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                               RESTREINT UE
                        EUROPEAN
                        COMMISSION
                                                Brussels, 12.2.2014
                                                COM(2014) 68 final
                                Recommendation for a
                               COUNCIL DECISION
authorising the opening of negotiations on an Agreement between the European Union
and the Republic of Azerbaijan on a legal framework governing the control of DESFA
                                      by SOCAR
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                                  EXPLANATORY MEMORANDUM
1.        CONTEXT OF THE RECOMMENDATION
1.1       The immediate reason for the present recommendation
Within the context of the restructuring plan for Greece, the Hellenic Republic Asset
Development Fund ("HRADF") is privatising certain assets currently owned by the Hellenic
Republic ("HR"). These include the shares currently owned by the HR, through HRADF, in
the Hellenic Gas Transmission System Operator S.A. ("DESFA"), the Greek gas transmission
system operator ("TSO").
HRADF has retained as the preferred bidder for DESFA the State Oil Company of the
Azerbaijan Republic ("SOCAR"), an undertaking established in Azerbaijan and controlled by
the Republic of Azerbaijan. HRADF and SOCAR intend to enter into a share purchase
agreement ("SPA") whereby, if and when all conditions precedent1 are met, SOCAR will
acquire 66% of the share capital and voting rights in DESFA upon closing of the SPA ("the
Operation"). Also in view of the rights retained by the HR under the shareholders agreement
("SHA") that will be entered into by SOCAR and HR, SOCAR will acquire sole control of
DESFA subsequent to the closing of the SPA.
1.2        The current regulatory framework
Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009
concerning common rules for the internal market in natural gas and repealing Directive
2003/55/EC2 ("Directive 2009/73/EC") provides for common rules for the internal market in
natural gas. In short, this Directive sets out the regulatory framework enabling the full
 liberalisation of the EU gas markets, in particular as regards gas production and supply. The
 same Directive also sets common rules for certain non-liberalised parts of the value chain in
 order to ensure that competition in the liberalised parts takes place on a level playing field. In
 the latter category fall the common rules applicable to certain types of gas infrastructure,
 including gas transmission systems, and their owners and operators, such as DESFA.
 The common rules regarding gas transmission systems include an unbundling regime pursuant
 to Article 9 of Directive 2009/73/EC, seeking to ensure that TSOs are operated independently
 from the upstream and/or downstream interests of its owners. In order to ensure compliance
 with the common rules applicable to TSOs, Article 10 of Directive 2009/73/EC foresees a so-
 called certification procedure whereby the national energy regulator ("NRA") verifies
 compliance by the TSO with the requirements as laid down in Article 9 of Directive
          Conditions precedent include merger control clearance and certification as meant under Article 10 and
          Article 11 of Directive 2009/73/EC.
          OJL211 of 14.08.2009 p. 94
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2009/73/EC. In case the TSO is or will be controlled by a (legal) person or persons from a
third country, Article 11 of Directive 2009/73/EC foresees that, in addition to compliance
with Article 9 of Directive 2009/73/EC, it must establish during the certification procedure
that granting the certification will not put at risk the security of energy supply of the Member
State concerned and the European Union whilst taking into account, inter alia, rights and
obligations of the European Union arising under international law, including agreements
concluded with one or more third countries to which the European Union is a party and which
addresses issues of security of energy supply.
The Commission provides an opinion on a draft certification decision drawn-up by the
national regulator, who then adopts a final certification decision after which the TSO can be
designated.
1.3        The application of the regulatory framework to the present case
Article 9 of Directive 2009/73/EC lays down the general principles for unbundling implying
 that (legal) persons that control a transmission system cannot at the same time, directly or
 indirectly, exercise control over companies that perform the function of production or supply
 of gas and/or electricity. SOCAR is a company that inter alia produces and supplies natural
 gas.
 However, Article 9 also foresees the possibility of applying alternative unbundling models
 provided the conditions set out in Article 9(8) are met, as they are in the case of DESFA.
 Consequently, DESFA foresees the application of the unbundling conditions set out in
 Chapter IV of Directive 209/73/EC i.e. it envisages the application of the so-called
 Independent Transmission Operator or "ITO" model. The application of this model means that
 SOCAR, despite being active in the production and supply of gas, can acquire control over
 DESFA provided that during the certification procedure it is established that it complies with
 all conditions of the ITO model and continues to do so as long as it owns DESFA.
 Article 10(3) of Directive 2009/73/EC requires TSOs to notify to the NRA any planned
  transaction which may require a reassessment of its compliance with the requirements of
  Article 9 of the same Directive. Consequently, the projected operation whereby SOCAR
  acquires control over DESFA requires a reassessment of DESFA's compliance with, in
  particular, all conditions related to the ITO model.
  SOCAR is established in and owned by the Republic of Azerbaijan. In such cases, Article 11
  of Directive 2009/73/EC foresees that the NRA (Article 11(4)) and the Commission (Article
  11(7)), in addition to the TSOs compliance with Article 9, also assess whether granting
  certification will put at risk the security of energy supply of the Member State concerned and
  the European Union.
  Article 11 stipulates that the certification shall be refused if it has not been demonstrated that
  the control by a third country person will not put at risk the security of energy supply of the
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Member State concerned and the European Union. In considering that question, the NRA and
the Commission shall take into account the rights and obligations of the European Union with
respect to that third country arising under international law, including any agreement
concluded with one or more third countries to which the European Union is a party and which
addresses the issues of security of energy supply.
Recital 22 of Directive 2009/73/EC further clarifies that "The security of energy supply is an
essential element of public security and is therefore inherently connected to the efficient
functioning of the internal market in gas [...]. Functioning open gas markets and, in
particular, the networks and other assets associated with gas supply are essential for public
security [...]. Persons from third countries should therefore only be allowed to control a
transmission system or a transmission system operator if they comply with the requirements of
effective separation that apply inside the Community. Without prejudice to the international
obligations of the Community, the Community considers that the gas transmission system
sector is of high importance to the Community and therefore additional safeguards are
necessary regarding the preservation of the security of supply of energy to the Community to
avoid any threats to public order and public security in the Community and the welfare of the
citizens of the Union. The security of supply of energy to the Community requires, in
particular, an assessment of the independence of network operation, the level of the
Community's and individual Member States' dependence on energy supply from third
 countries, and the treatment of both domestic and foreign trade and investment in energy in a
 particular third country. Security of supply should therefore be assessed in the light of the
 factual circumstances of each case as well as the rights and obligations arising under
 international law, in particular the international agreements between the Community and the
 third country concerned. Where appropriate the Commission is encouraged to submit
 recommendations to negotiate relevant agreements with third countries addressing the
 security of supply of energy to the Community or to include the necessary issues in other
 negotiations with those third countries."
 Currently, no agreement exists between the Republic of Azerbaijan on the one hand and the
 European Union and/or Greece on the other hand addressing issues of security of energy
 supply.3
         Currently existing legal instruments are (i) Agreement between the government of the Hellenic
         Republic and the government of the republic of Azerbaijan on the promotion and reciprocal protection
         of investments (Signed 21 June 2004, entry into force 3/9/2006) (ii) Partnership and Cooperation
         Agreement between the European Communities and their Member States, of the one part, and the
         Republic of Azerbaijan, of the other part (Signed 18/05/2004, entry into force 01/11/2005). None of
         these instruments cover the projected subject matter of the ĪGA.
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1.4       The concerns that need to be remedied by the IGA
DESFA owns and operates the gas transmission network in Greece, the interconnections of
this transmission network with neighbouring countries, including Turkey and Bulgaria, as
well as the Revithoussa LNG terminal. Moreover, the DESFA gas transmission network can
in the future and is currently already projected to be connected with other infrastructure
pertinent for the transportation of gas to Greece as well as other EU Member States and
members of the Energy Community. Reference can be made in this context to the projected
Trans Adriatic Pipeline ("TAP") that will connect the DESFA transmission network with Italy
and Albania and will reinforce its interconnection with Turkey as well as interconnectors at
earlier planning stages, such as the Interconnector Greece Bulgaria ("IGB") that will increase
the gas transmission capacity from Greece with Bulgaria. These interconnections affect the
EU Member States and members of the Energy Community immediately interconnected with
the DESFA network, but also those countries that are or can be provided with natural gas
through these countries, such as EU Member States Romania and Hungary, and Members of
the Energy Community.
DESFA therefore plays a pivotal role for the importation of gas into the EU and its
 transportation to other EU and Energy Community Member States and, hence, constitutes a
 strategic asset affecting the security of energy supplies of the European Union.
 Greece, through its connection to Turkey, is currently the sole entry point into the EU for gas
 produced in Azerbaijan, including gas produced by SOCAR. The projected TAP pipeline and
 upstream connections will significantly increase the volumes of Azeri gas that can be
 imported into the EU. The DESFA network, however, enables the import of gas from other
 sources as well, including Russian gas (through Bulgaria), LNG (through the Revithoussa
 LNG terminal) and in the future gas from different sources available in Italy (through the TAP
 pipeline on which commercial and physical reverse flows are due to be offered).
 Whereas the unbundling rules in Directive 2009/73/EC should ensure that the transmission
 system is operated independently from production and supply interests of related
 undertakings, the third country clause prescribes an additional test in case a TSO is controlled
 by a person or persons from a third country. That test is meant to ensure that the security of
 supply of the Member State concerned and of the EU is not put at risk.
 In the present case, such a risk could inter alia result from:
  (1)      The adoption by the Republic of Azerbaijan of governmental acts that render it
           impossible or difficult for SOCAR or DESFA to comply with the Third Package
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          requirements, other relevant EU law4 and Treaty obligations by creating legal
          uncertainty or conflicts of law between Azeri and EU law;
(2)       Creation of legal uncertainty or conflicting laws rendering actual enforcement in case
          of non-compliance, inter alia by EU energy regulators or EU Courts, difficult or
          impossible;
(3)       The exercise by the Republic of Azerbaijan of its ownership rights in SOCAR
           resulting in SOCAR or DESFA acting contrary to Third Package requirements, other
           relevant EU law and Treaty obligations;
(4)        Acts by the Republic of Azerbaijan, or threats thereof, that directly or indirectly
           sanction the enforcement of EU law against SOCAR or DESFA, including measures
           regarding the supply of natural gas to the EU or conditions thereof.
1.5        The need for an intergovernmental agreement ("IGA")
In view of the potential risks identified above, the conclusion of an intergovernmental
agreement ("IGA") is considered necessary with a view to enable a possible certification of
DESFA as an ITO controlled, via SOCAR, by the Republic of Azerbaijan, pursuant to Article
11 of Directive 2009/73/EC. The IGA should ensure by means of a legally enforceable
agreement under international law that DESFA's ultimate owner, the Republic of Azerbaijan,
 will act in its capacity as sovereign state as well as in the exercise of its ownership rights in
 SOCAR in full compliance with the EU regulatory framework.5
 The present proposed Council Decision seeks to take measures "regarding the preservation of
 the security of supply of energy to the Community to avoid any threats to public order and
 public security in the Community and the welfare of the citizens of the Union.6" Consequently,
 the proposed measure seeks to prevent any possible negative impacts of the projected
 acquisition of DESFA by SOCAR.
 2.         LEGAL ELEMENTS OF THE RECOMMENDATION
 2.1        European Union competence for concluding an IGA
 The subject matter of the proposed IGA falls entirely within the scope of internal common
 rules:
 (1)        Directive 2009/73/EC is part of the Third Energy Package. It lays down common
            rules for the gas markets in general and TSOs in particular.
          Such as regarding data processing and the protection of critical infrastructure.
          To the extent pertinent, similar conditions may be imposed upon SOCAR as a condition for certification
          by means of other legal instruments.
          Recital 22 of Directive 2009/73/EC                                    _
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         In general, Directive 2009/73/EC lays down the regulatory framework for the
          operation of the EU gas markets, including public service obligations, authorisation
          of market access, unbundling of TSOs and DSOs, new infrastructure, market
          opening, regulatory oversight and rights and obligation of market participants and for
          TSOs such as related to unbundling, third party access and network investments.
          More specifically as regards the unbundling of TSOs, Article 9, Articles 14 to 16 and
          Chapter IV (Articles 17 to 23) of Directive 209/73/EC provide for detailed
          conditions for the application of the unbundling rules. In addition, Article 10 of
          Directive 2009/73/EC lays down the procedure for certification that ensures
          compliance with the unbundling rules. Article 11 foresees an additional procedure
          applicable if the owner of the network stems from a third country and imposes the
          need to assess whether certification puts at risk the security of supply;
(2)       Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13
          July 2009 on conditions for access to the natural gas transmission networks and
          repealing Regulation (EC) No 1775/2005 ("Gas Regulation")7 provides in Article
          8(6) for the adoption of network codes that regulate in detail many matters related to
          TSO's operations as well as in Article 3 the certification procedure;
(3)       Council Directive 2008/114/EC of 8 December 2008 on the identification and
          designation of European critical infrastructures and the assessment of the need to
          improve their protection8 ("Directive 2008/114") lays down common rules regarding
          measures to protect critical energy infrastructure exists.
Since the subject matter of the envisaged IGA fall within the scope of internal common rules -
the criterion that ensures exclusive competence for the European Union for the conclusion of
an international agreement under Article 3(2) TFEU as also interpreted by the Court of Justice
in the ERTA case law9 -, the European Union has sole competence in concluding an IGA with
the Republic of Azerbaijan aimed at ensuring that the latter will act in its capacity as
sovereign state as well as in the exercise of its ownership rights in SOCAR in full compliance
with the EU regulatory framework for gas markets.
Furthermore, the suggested content of the IGA in essence seeks to ensure that the EU
 regulatory framework is properly applied and enforceable within the EU. Consequently, the
conclusion of the international agreement can be considered necessary to enable the European
         OJL211 θί 14.08.2009 p.36
         OJ L 345, 23.12.2008, p. 75-82
         Case 22/70 Commission v Council [1971] ECR 263, concerning a European Road Transport Agreement
         (ERTA).See also Case C-471/98, Commission v. Belgium (Open Skies'); Opinion 1/03 [2006] ECR
         1150, on the Lugano Convention, paragraphs 116 and following; Case C-45/07, Commission v Greece,
         Judgment of 12 February 2009, paragraphs 16 and 17.
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Union to exercise its internal competence, providing additional justification under Article 3(2)
TFEU for the exclusive competence for the European Union for the conclusion of an
international agreement.
2.2      Content of the recommended IGA
The IGA should include guarantees by the Republic of Azerbaijan on the following points:
(1)      SOCAR's ownership of DESFA is exclusively governed by EU law and Greek law;
(2)      The Republic of Azerbaijan accepts the sole jurisdiction of EU courts related to the
          application of the unbundling rules and other regulatory rights and obligations
          resulting from Greek and EU law upon DESFA;
(3)       There can be no adoption of legislative measures by the Republic of Azerbaijan
          affecting SOCAR and/or exercise of control of the Republic of Azerbaijan in
          SOCAR that results in non-compliance by SOCAR or DESFA with their obligations
          under EU law, notably the exercise of powers of the national regulator as defined
          under EU law in order to monitor and enforce the legal obligations on DESFA and
          SOCAR;
(4)       The Republic of Azerbaijan will not render, allow SOCAR to render or seek to
          render, the delivery of natural gas to the EU or the conditions thereof dependent upon
          matters concerning the application of Greek or EU law to DESFA;
(5)       The Republic of Azerbaijan will fully respect and ensure full compliance with EU
          and Greek law applicable to DESFA, including EU internal market rules and EU
          legislation regarding data processing and the protection of critical infrastructure.
 3.       BUDGETARY IMPLICATION
 The recommended course of action has no budgetary implications.
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                                      Recommendation for a
                                     COUNCIL DECISION
 authorising the opening of negotiations on an Agreement between the European Union
  and the Republic of Azerbaijan on a legal framework governing the control of DESFA
                                           by SOCAR
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 218(3) and (4) thereof,
Having regard to the recommendation from the European Commission
Whereas:
(1)      It is the intention of the State Oil Company of the Azerbaijan Republic ("SOCAR"),
         an undertaking established in Azerbaijan and controlled by the Republic of
         Azerbaijan, to acquire control of Hellenic Gas Transmission System Operator S.A.
         ("DESFA"), the Greek gas transmission system operator.
(2)      Article 11 of Directive 73/2009 stipulates that in such cases it needs to be ascertained
         that the control by a person or persons from a third country or third countries of a
         transmission system owner or operator will not put at risk the security of energy
         supplies to the European Union.
(3)      The facts in the present case imply that (i) the network as operated by DESFA
         constitutes a strategic asset affecting the security of energy supplies of the European
         Union (ii) the Republic of Azerbaijan and SOCAR have strategic interests that are
         not necessarily aligned with the objective of EU legislation applicable to gas
         transmission networks. This raises concerns with regard to security of energy
         supplies that need to be remedied.
(4)      DESFA will, via SOCAR, ultimately be controlled by the Republic of Azerbaijan
          and, hence, the appropriate legal instrument to remedy concerns in the present case is
          an intergovernmental agreement.
 (5)      The subject matter of the intergovernmental agreement is fully covered by the scope
          of EU legislation. Moreover, the international agreement is necessary to enable the
          European Union to exercise its internal competence. Consequently, it falls within the
          sole competence of the European Union to conclude such an intergovernmental
          agreement.
 (6)      Negotiations should therefore be opened with a view to concluding an
          intergovernmental agreement between the European Union and the Republic of
          Azerbaijan on a legal framework governing the control of DESFA by SOCAR aimed
          at ensuring that the intended acquisition does not put at risk the security of energy
          supplies to the European Union.                                lÆCLASSlFIE
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 HAS ADOPTED THIS DECISION
                                            Article 1
The Commission is hereby authorised to negotiate, on behalf of the European Union, an
Agreement between the European Union and the Republic of Azerbaijan on a legal
framework governing the control of DESFA by SOCAR.
                                             Article 2
The negotiating directives are set out in the Annex.
                                             Article 3
The negotiations shall be conducted in consultation with the [to be inserted by the Council]
acting as special committee.
                                             Article 4
This Decision is addressed to the Commission.
Done at Brussels,
                                              For the Council
                                               [•••]
                                              The President
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                     EUROPEAN
                     COMMISSION
                                             Brussels, 12.2.2014
                                             COM(2014) 68 final
                                             ANNEX 1
                                    ANNEX
                                     to the
Recommendation for a Council Decision authorising the opening of negotiations on an
 Agreement between the European Union and the Republic of Azerbaijan on a legal
             framework governing the control of DESFA by SOCAR
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DIRECTIVES FOR THE NEGOTIATION OF AN AGREEMENT BETWEEN THE EUROPEAN UNION
AND THE REPUBLIC OF AZERBAIJAN ON A LEGAL FRAMEWORK GOVERNING THE CONTROL
OF DESFA BY SOCAR.
The Agreement should ensure:
That the control by SOCAR and the Republic of Azerbaijan, over DESFA will not put at risk the
security of energy supplies to the European Union by:
(1)       ensuring that EU and Greek law applicable to DESFA as well as any possible future
          modifications thereof, apply in full; and,
(2)       are fully enforceable on DESFA, SOCAR and the Republic of Azerbaijan.
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title: Recommendation for a COUNCIL DECISION concerning the negotiations for the accession of the People's Republic of China to the General Agreement on Tariffs and Trade (submitted by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 9
Vol. 1988/0002
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13. März 2015 über die Sicherheitsvorschriften für den Schutz von EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(88 ) 9 final
                                               Brussels , 19 January 1988
                                  Recommendation for a
                                     COUNCIL DECISION
                 concerning the negotiations for the accession of the
     People 's Republic of China to the General Agreement on Tariffs and Trade
                             ( submitted by the Commission )
                                   c              S
                                                ■. <o/
                                   fSloofe
 C0M(88 ) 9 final
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                              EXPLANATORY NEHORANOUH
China' s accession to the GATT
1 . On the 10 July 1986 the People 's Republic of China has informed the
    Director-General of GATT of its intention to resume its status as a
    contracting party of GATT , pursuant to Article XXXIII . On the 4 March
    1987 , the GATT Council established a Working Party to examine the
    foreign trade regime of China and to prepare a draft protocol setting
    out the respective rights and obligations .
2 . This Working Party is now in the process of establishing a programme of
    work in order to examine China 's memorandum on its Foreign Trade Regime ,
    submitted on 13.2.1987 , and also the Chinese authorities' replies to the
    contracting parties' questions about the Memorandum .
3 . In its request for status as a Contracting Party , China highlighted its
    long-term commitment to a basic national policy of opening to the
    outside world , revitalizing and reforming its domestic economy . It has
    also indicated that it expects to receive treatment equivalent to that
    accorded to other developing contracting parties .
4 . The Community has declared its readiness to begin negotiations on
    China 's accession to GATT , taking the view that a country endowed with
    such economic and commercial potential can play a key role in the
    strengthening of the GATT . Nevertheless , given China 's specific economic
    system that still has features in common with the centrally planned
    economies , it is of prime importance that the conditions of China 's
    participation in the GATT are closely examined . China 's claim to LDC
    status will also have to be examined .
5 . The Community has longstanding links with China . A Trade Agreement
    between the Community and China was signed on 3 April 1978 . A key
    feature of the Trade Agreement , which was non-preferential , was the
    commitment of the Community to aim at an increasing liberalization of
    imports from China , while China undertook to give favourable
    consideration to imports from the Community . In 1985 a new 5 year Trade
    and Economic Co-operation Agreement was signed . As regards trade , the
    provisions of the former Trade Agreement were confirmed .
6 . In view of the above , the Commission proposes that the Council authorize
    it to enter into negotiations , to be conducted in the GATT Working
    Party , on China 's accession to GATT .
 ---pagebreak---                                    3
                    RECOMMENDATION EOR A COUNCIL DECISION
concerning the negotiations for the accession of the People 's Republic of
China to the General Agreement on Tariffs and Trade
THE COUNCIL Of THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ,
Having regard to the Recommendation from the Commission ,
Whereas China has submitted an application for accession to the General
Agreement on Tariffs and Trade ,
Whereas this request should be considered within the framework of the
existing GATT negotiating procedures ,
HAS DECIDED AS E0LL0WS :
                                 Sole Article
The Commission is hereby authorised to take part in the negotiations for
China 's accession to the General Agreement on Tariffs and Trade .
The Commission shall conduct the negotiations in consultation with the
Special Committee , provided for in Article 113 of the Treaty , which will
assist it in this task .
                                                   Done at Brussels ,
                                                   F or the Council
                                                   The President


title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an Agreement between the European Economic Community and the Republic of Upper-Volta for the supply of skimmed milk powder and butteroil as food aid (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1447
Vol. 1974/0234
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM( 74 ) 1447 final
                                                  Brussels , 16 September 1974
                            RECOMMENDATION FOR A
                             COUNCIL DECISION
          on the conclusion of an Agreement "between the European
          Economic Community and the Republic of Upper-Volta for
        the supply of skimmed milk powder and butteroil as food aid
            ( submitted to the Council by the Commission)
 COM(74 ) 1447 final
 ---pagebreak---     TIIE COUNCIL OF THE EUROPEAN COwTIUl.TiTIES ,
    Having regard to -the Treaty establishing "the European Econonri o Cor<w;unitj
    and in particular Articles 1 13 > H4 and 223 thereof ;
    Having regard to tho Recommendatio from rthe Commission ,
   Uhcrcas tlio dovncil in Regulation (EEC ) no . 3582/73^ a^d Regulation (EEC )
   no . 35^3/73 01 28 December 1973 on the supply of skimmed milk powder
   and butteroil as food aid decided to make 2 600 metric tons of skimmed
   milk powder and 1 800 metric tons of butteroil available to the Republic
   of Upper-Voltaj
   RAS miCïlHDî
                                                                                v
                                   Art ic le X
                                                                 *
   An Agreer.ient between the European Economic Corirjunity P.nti the Republic
   of Upper-Volta         for the supply of gkiuradd milk pettier         buti srei
    as food aid is hereby concluded on behalf of tho jjwropesa Scor.o.r.ic          .
    The text of the Agreement ia annexed to this iDscirjien .
                                   Article 2
     #
   The President of tho Council is authorized to designate the persons
   empowered to cign tho Agreement and to confer 011 them tho powers requir
   in order to bind the Community#                      -
                                         I {
                     i                   1 •
                                        : (
   Donc at Erussels ,                       j             For ths Council
                                       >!         '        The Président
                                          i     .     '
                              .           I   ,     .
( 1 ) O.J. L 359 Of 28.12.73j page 50
( 2 ) O.J. L 359 of 28.12.73 » page 51
 ---pagebreak---                 AGREERENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND THE REPUBLIC OF UPPER-VOLTA FOR THE
SUPPLY OF SKIMMED MILK POWDER AND BUTTEROIL
AS FOOD AID .
 ---pagebreak--- TUB COUuOIL OF TilB yAH »OFEAN CO»;JITIB3 ,
                                       I
                                                       on tho one hand ,
TJ1I2 GOVJI'{I!iiii;T OF TlijJ REPUBLIC OF UPPER-VOLTA
                                                       on tlie other ha.nd
                                                         t
JIAVT3 .TJEGT-DSD to conclude this A^reomcnt , and for this purpose hr.v
                                                 K
fiosi^nated cus their plenipotentiaries r
TJI8 COUIJCIL 0? IFK5 IiWnOPIJAlf CO^IÌJITIK! 5
                                                                   '  « il .
TJH GOVMIJNWSR OF VIRC REPUBLIC OF UPPER-VOLTA ;
                                                                 i
uno 1LWE AGUjSSD A3 F0LL0SS *
 ---pagebreak---                                      Article I'
The Euro pean Economic Community shall supply as a gift to the
Republic of Upper-Volia hereinafter referred io ac the "recipient country " ,
 2 600        metric tons of skimmed milk ponder          1 $00 metric tour of
 butieroil v.-liich (satisfy » as to quality and packing > the. recpiireffionts laid
 down in Annex I which forms an . integral part of this , /^ree'ient .
                  i                                            ,
                                     /article II
                           i
Toe deliveries shall "be made xo the places of destination , to "be fi;:.ocl by
the rec.:i pient country and the European Economic Community " by mutual consent
                                                                           ■ * « .  -
                                     Article XII
The obligations and responsildlit i es of the European Economic Goi;.:.'iuiii*ty end
of tiie recipient country , in particular as regards delivery uid riCooptarsoe ,
are defined in Annex II , ifnich forms an integral part of tJiist Agreement *        \
                                     Art ì ci e J.Y
The recipient country undertakes to make all the necessary arrcAi govern s j.cr
the transport and insurance of the deliveries from the places of destination
                                     AriAc.Le_..I
The recipient country undertakes to use the prod\ict received as aid for hu:i .
consunption and to distribute it free to the needy populations .                       ,,
                                     Article VI
The contracting parties undertake to implement this Agreement in such a v:ay
as to avoid any damage to the normal structure of national production mi d
international tro.de * For this jcorpose , they shall take the necessary stops
to ensure that the supplies t>f aid are additional 'to and are not in lieii
of trading operations which could reasonably be expected in the absence of
such supplies .                             f!
 ---pagebreak---                                       Art T. c le ^ V IT
 The recipient country shall take the appropriate steps to prevent :
 -> reexport of the products received, an aid and any products derived thcrefrcn ;
 - the export for trade or otherv;ise , within six months from the date of the
    last delivery , "both of locally-produced inerchn.odirs3 of the sar.o kir.d
    ao that received as aid and of processed products derived therefrom#
                                      Artide VJTI
 The recipient- country undertaken to inform the European Econonic Coivaunity
 of t))e circuinstrmces surrounding the implementation of thio Agreement * For
 thic pur pa ye , it shall coixrronicate to the Commission of the European * Cori-iiatiitica
 every thro o month:; until the quantities received es aid have been used' up the
 following information i quantities distributed , nun.ber and nature of the
 beneficiaries , places , rate and mt-nner of distribution .
                                     Article IX
The recipient cowntry shall take all appropriate steps to enable thofcc ps.vscr.s
duly authorized by the ibropean Economic Coi^ranity to mke on the spot ob .~C :r~
vations of the operations connected with the implementation of the Agreement * .
                                     Article
At the request of cither party , the contracting parties shall consult one
another on all questions concerning the application of this Agreement *
                                     Article XX               '  ' *
This Agreement is dr.iv.7i up in two copies in the Danish , Dutch , English , French ,
Gennadi and Italian languages , these texts being equally authentic *
 ---pagebreak---                               A. BKÏMMBO ircT.ic povmm
 Qn n.l n tv rncnri r* w.orrr, «
  ( a ) l'ai content                                  not exceedi ng 1,5 $
  (b ) wodcture content                               not exceeding; 4,0 (}o
  (c ) total acidity (lactic acid )                   not exceeding 0,15 /J ( l&° Domic )
                                                                »
  ( d ) test for- neutralising agents                 negative
 ( e ) permitted additivet                         '  none
 (:f ) te st for phosphatasis                         nego/tive
 (g) fjolubility                                      not exceeding 0,5 ml (not less the:
                                                                              99 îS )
 (li ) degrce of purity                               not less thn:o dì no B'(?-5,0 fóg )
 ( i ) bacteria content                               not exceeding 50 0C0 per g
 (k ) strength of colon bacillus                      negative in 0,1 g
 ( l ) flavour and srcoll                           • fresh
 (m ) appearance                                      vhiie or slightly yellov.irh , v
                                                      aboenco of impurities a».;« coloured
                                                      particles
 P^kr.'vhrT
 ( a ) containing 25 kilogrammes net weight
 ("b ) composition of packing *
                                                                                n
         >  *                                                            i                f
        ( aa) /} Kraft paper bags of a strength representing at least 70 g per n
              1 interposed tar-lined paper bag of a strength representing at
                 least 140 g per m2j
              1 polyethylene inner bag at least 0,66 mm thick , welded or double-
                 bound
'or     (bb ) 1 "clupak-poly-duplo" paper bag of a strength representing at
                 least 50/20/50 per m2j
              2 Kraft pa,per bags of a strength representing at least 70/73 6 P3-
 *            1 polyethylene inner bag at least 0,10 mm ( thick v;clded or double-
                 bound )
 (c ) marking on the packaging -:                 _
        SKIMMED MILIC PO'.JDÎCR
        GIFT OP TIE EUROPEAN ECONOMIC COwI.Itwm
        TO THE REPUBLIC OF UPPER-VOLTA
        TO DISTRIBUTE PREE OF CHARGE -
 ---pagebreak---                                       B. BUTTEl fO IL
   I « Quality                                                                .
            ( A ) Chara cter :! sties of the product s
                      Concentrated milk fat containing no less than
                    '99 '82 of pure fat :                                   *
           ( 13«) Standard ingrédients""" :
                                                                                é
                      ( Analysis made at time of manufacture and packing )
                                                                                i
                     - Moisture and non-fat ingredients of milk -
                         not more than 0.202>                                               1
           ' ^ - Fat - not less than 99 . 8#                       -      •
                     «.                                              »« •
                             4
                     - Free fatty acids - not more than 0.!3 !» ( expressed
                         as oleic acid )                         .                ' .
                    '*• Peroxide level / kg - not more than 1 unit
                         ( in milli équivalents of active oxygen per kg )
                     - Taste - pure                                             *
                     - Smell - absence of smell - extraneous' to butteroil
 »                                #
                                                      * ••  • *«
II . Conditions of packaging
       . •       ■*                                                                     *
   e.) Metal cans of 20 kg - 1 can per carton .
   b ) Inscription on iha packaging in French language i
            *           BUTTEROIL
                        GIFT OF TiJB EUROPEAN ECONOMIC COLU MN ITY
                        TO THE REPUBLIC OF UPPER-VOLTA
                        TO DISTRIBUTE FREE OF CHARGE'
                                                          I
 ---pagebreak---                                                                                :CT
                       ΑΙΠΙΕΧ το ΑΤ?ΤΙΟΤ.Λ; :στ οτ· ΊΉΪ5 ΛΟΚΤ5 Η?.ΤΓ:τ ΙΤ
                                        ArtioJ o 1
Delivery shall be completed ajid the rinks nha.ll pass fron 'the Euro pean
Economic Community to "the recipient country as soon as the goods actually
reach "D IG pl*\oe of destination -.                         •
The recipient country shall "bear all costs incurred in taking delivery of the
goods , any transshipment costs and all other costs subsequent to delivery .
Any coots resulting fror/i delcy in taking delivery of the . goods , which- we
attributable to the recipient country , shall "bo borne by that cowitry    iui y.' ty •.
                                                                          * • à «
                                       Article 2
The European Economic Corrranity shnll , at the earliest opportunity , give to
the recipient country the information relating to the conoigr.r.cnt of ihr:^
goods to the place of cloptv^tion , the weans of transport used , the details
of the route to be followed over the intermediate stages , the date of
loading , and the quantity and quality of the goods on their departure .from
the Coi.imunity *
                                       Article    <
The European Economic Community shall inform the recipient country in good
tine of the goods' presumed date of arrival at the place of destination . The
European Economic Coramtmity shall be under an obligation to inform the
recipient country at least two days in advance (cf the date ) of the goods'
arrival at the place of destination.''
                                       Article A
   »
The European Economic Community shall appoint an agent to implement the
provisions of this Annex , and shall in good timcj forward the latter 's name
and address to the recipient country .
The recipient country shall appoint an agent in each place of delivery , and
shall forward the latter' s name and address to the European Economic Community
                             «
prior to implementation of the Agreement *
 ---pagebreak---                                        Article    •)
On delivery of the gooda the coun try of destination shall h;u-id -to the i nthorA ;. td
ctgent of the European Economic Community' a talcina~ovor certificate , etatir.j the
place and date of tailing over , the nature and the quantity as well as conti^'irt
observations about the quality of these goods and shall uend a copy thereof to
the Comrflifjeion of the FA ? rope an Community .        • 4 •
                                                                        • «  » • *
                                                                            X


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