title: Recommendation for a COUNCIL DECISION amending the Temporary Arrangement for a concerted discipline between the European Economic Community and the Republic of Finland concerning reciprocal trade in cheese (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (83) 439
Vol. 1983/0167
 ---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 E U R O P E A N COMMUNITIES
                                                   COM(83)        439 final
                                                   Brussels,          11 J u l y  1983
                                     Recommendation f o r a
                                       COUNCIL        DECISION
              amending  the Temporary   Arrangement f o r a concerted                  discipline
                     between  the European Economic              Community       and t h e
                Republic  o f Finland concerning          r e c i p r o c a l trade  i n cheese
                        (submitted  t o t h e C o u n c i l by t h e Commission)
 COM(83) 439 final
 ---pagebreak---                                                 EXPLANATORY       MEMORANDUM
1. I t i s L a i d     down i n p a r a g r a p h 5 o f t h e Temporary            Arrangement       for a     concerted
    discipline         between    Finland       and t h e European          Economic     Community         concerning
    reciprocal         trade   i n cheese that         t h e two    p a r t i e s may   consult      each other     at
    any     stage     concerning     the operation           of the      Arrangement.
2. D u r i n g    consultations      held     on t h i s   subject      between      a Finnish       delegation     and
    a Community         delegation      on    11 M a y   1983,    i t was       decided   that     certain      provisions
    of    the Arrangement         should      be c h a n g e d to bring         i t more c l o s e l y i n t o line   with
    actual        market     requirements.
    In order        to achieve     this,      i t was    considered         necessary     ïd~changé trfe         quantities
    of    certain categories          o f c h e e s e w h i c h c a n be      imported    into     Finland     and  the
    Community.
3. T h e    Article     113   Committee, meeting i n Brussels                    on  20 May    1983    (1), stated
    that       i t was  i n favour    of the above           outcome      of the      consultations.
(1)  7165/83        (GATT 102)     o f 25 May        1983
 ---pagebreak---                                                           ANNEX     I
                                        RECOMMENDATION            FOR   A COUNCIL        DECISION
 amending         t h e Temporary      Arrangement          f o r a concerted         discipline             between           t h e European
   Economic         Community      and h t e R e p u b l i c   of Finland concerning                 reciprocal                trade        i n cheese
  rHE   C O U N C I L OF THE      EUROPEAN    COMMUNITIES,
 Having       regard      t o the Treaty      establishing            t h e European        Economic            Community, and
 in   particular          Article     113 t h e r e o f ,
 Having       regard      t o t h e Temporary      Arrangement           f o r a concerted           discipline                between t h e
  European         Economic      Community    and the Republic               o f F i n l a n d c o n c e r n i n g r e c i p r o c a l t r a d e i n cheese,
 Having       regard      t o t h e Recommendation           from the Commission,
 Whereas        i t has been       considered      d e s i r a b l e t o amend     some o f t h e p r o v i s i o n s o f t h e
 Arrangement          f o r a concerted      discipline           i n order     to bring         i t more c l o s e l y               i n line
with     a c t u a l market        requirements.
Whereas t h e Commission               initiated       consultation, with              F i n l a n d on t h i s           subject          and
an    agreement         satisfactory      t o both       parties       was     cached,
HAS    D E C I D E D AS     FOLLOWS :
                                                       Article       1
The    Agreement         between t h e European           Economic        Community       a n d t h e R e p u b l i c o f F i n l a n d i n t h e form
of   an exchange           of letters     i s hereby approved on b e h a l f                 o f t h e Community.
The    t e x t o f t h e Agreement        i s annexed         to this       Decision.
                                                       Article       2
The    president         of the Council        i s hereby a u t h o r i z e d      to designate                the      person
empowered          t o s i g n t h e Agreement       i n order       to bind     t h e Community.
Done a t B r u s s e l s ,                                                                    For t h e C o u n c i l ,
                                                                                The      President.
 ---pagebreak---                                                 APPROVED  MINUTES
Upon c o n c l u s i o n    of the consultations   between t h e Finnish d e l e g a t i o n     and t h e d e l e g a t i o n
of t h e C o m m i s s i o n  of t h e European Communities, t h e two d e l e g a t i o n s   agreed   t o present
the  attached        exchanges      of letters  to their respective     authorities           f o r approval.
                                                                    G e n e v a , 11 M a y 1 9 8 3
For  the delegation                                                           For t h e
of t h e C o m m i s s i o n  of                                              Finnish        delegation
the  European         Communities
 ---pagebreak---                    COMMISSION
                          OF THE
      EUROPEAN COMMUNITIES
      Directorate-General for agriculture
Si r ,
I have the honour                               t or e f e r t o the Temporary                                Arrangement             f o r a concerted            discipline
between          the European Economic                                        C o m m u n i t y a n d t h e R e p u b l i c of Finland concerning r e c i p r o c a l trade i n
cheese, signed                         i n B r u s s e l s o n 9 December                                 1981.
I.     A t the c o n s u l t a t i o n s h e l d under paragraph 5 o f the Arrangement                                                                    i t was considered
       desirable                   t o change                some o f t h e A r r a n g e m e n t ' s p r o v i s i o n s i n o r d e r r o b r i n g i t
       more c l o s e l y                     into       line        with          a c t u a l market             requirements.               Thus, i t was thought
       necessary                    t o change               the quantities laid                               down i n r e s p e c t           o fcertain categories
       of    c h e e s e i n p a r a g r a p h s 2 (a) a n d2 (b) o f t h e                                                Arrangement.
 II.   B y common a c c o r d ,                          the Temporary                        Arrangement            f o r a concerted               discipline           between
       the       E u r o p e a n Economic Community and t h e R e p u b l i c o f F i n l a n d c o n c e r n i n g r e c i p r o c a l t r a d e i n cheese
       is     h e r e b y amended a s f o l l o w s :
       1)     Paragraph 2 shall                                 be replaced by the following :
              "2.           The European                      Economic                  Community and t h e R e p u b l i c                   o fFinland will establish
                            for         t h e same p e r i o d a s t h e s u s p e n s i o n s                           mentioned i n paragraph 1 the
                            following                   trade         arrangements :
          P r o v i s i o n a l a d d r e s s : R u e d e la L o i 2 0 0 , B - 1 0 4 9 B r u s s e l s - Telephone 735 00 4 0 / 7 3 5 80 40 -  Telegraphic address: " C O M E U R Brussels" -
                                                                               T e l e x : "21 8 7 7 C O M E U  B" - A G R E C 25 670/22 037
 ---pagebreak---                                                                - 2 -
For    the period           from    1 January          1 9 8 3 t o 31 D e c e m b e r 1984, f o rt h e cheeses        Listed
below,         the quantities          t r a d e d each       year  and t h e duties       t o be L e v i e d on i m p o r t a t i o n
may    not exceed          the following             levels     :
a)    ON I M P O R T A T I O N I N T O T H E C O M M U N I T Y
     Cheese f a l l i n g        within     h e a d i n g No 04.04 o f t h e C o m m o n C u s t o m s Tariff   originating i n
     and      coming     from     Finland,        accompanied        by an approved          certificate      :
                                                                             Quantities                       Import     duty
     - F i n t a n d i a , o f a minimum f a t c o n t e n t
         o f 4 5 %, b y w e i g h t , i n t h e d r y m a t t e r
         matured f o ra t Least 100 days, i n
         rectangular blocks, of a net weight
         of n o t l e s s t h a n 30 k g , f a l l i n g                     6.150 t ,                        18,13    ECU/100 kg
         w i t h i n subheading 04.04 E I b) 5                               including a
         o f t h e Common C u s t o m s T a r i f f                          maximum o f
                                                                             2.900 t f o r
     - Emmentaler, Gruyère, S b r i n z and
                                                                             Finlandi a
        BergKase, not grated o r powdered,
        of a minimum f a t c o n t e n t o f 45 %
        by w e i g h t i n t h e d r y m a t t e r , ma-
        tured f o ra t least three months,
        f a l l i n g w i t h i n subheading 04.04
        A I a n d I I o f t h e Common C u s t o m s
        Tariff
        . whole         cheeses
        . p i e c e s packed i n vacuum o r i n
             i n e r t gas w i t h r i n d on a t least
            one s i d e , o f a n e t w e i g h t o f
            not less than 1 kg b u t less
            than 5 kg                                                        1.350    t                       18,13   ECU/100 kg
    - Processed cheese, not grated o r
       powdered, i n t h e b l e n d i n g of which
       o n l y Emmentaler, Gruyère a n d
       A p p e n z e l l have been used and which
       may c o n t a i n , a s a n a d d i t i o n , G l a r u s
       herb cheese (known as S c h a b z i g e r ) ,
       put up f o r r e t a i l s a l e , o f a f a t
       c o n t e n t , by w e i g h t , i n t h e d r y
       m a t t e r , n o t e x c e e d i n g 5 6 %, f a l l i n g
       w i t h i n subheading 04.04 D I and D I I
       a ) 1 o f t h e Common C u s t o m s T a r i f f                         500   t                      36,27 ECU/200 kg
   -    Other                                                                       0 t
 ---pagebreak---                                                           - 3    -
           b) ON   IMPORTATION INTO            FINLAND
              Cheese     faLLing       within     heading 04.04 of the F i n n i s h                Customs    Tariff,
              originating          i n and   coming     from the European               Economie       Community,      and
              accompanied         by   an  approved       certificate           o f q u a l i t y and   ori;in    :
                                                                              Quantity                    Import      duty
              04.04.150         fresh     cheese,      curd                overa LL                       2/3  of the      levy
                                                                           quantity         of
                      200       processed        cheese                                                   1/3  of the      levy
                                                                           400     t for       1982
                      300       whey     cheese                                                           2/3  of the      levy
                                                                           650     t for       1983
                      400       mouldrcured         cheese                                                2/3  of the      Levy
                                                                           750     t for       1984
                      901       Emmentaler-type           cheeses                                         full    levy
                                                                           w i t h no r e s t r i c -
                      902       Edam-type       cheeses                                                   full    levy
                                                                           t i o n s as t o t y p e
                      909       other     cheeses                          or q u a l i t y               1/3  of the      levy
     2.   During    the fourth         quarter     o f 1983    consultations             will     be  held   with    a  view
          to  possible      increases       f o r 1984     i n the quantities               laid   down i n t h i s    exchange
          of   letters.
III. A l i the other      provisions        of the Arrangement               shall      remain       unchanged.
     I should     be  g r a t e f u l i f you    would     confirm       that      you    are i n agreement         with   the
     content     of this       letter.
     Please    accept,      Your      Excellency,      t h e a s s u r a n c e o f my      highest      consideration.
 ---pagebreak--- Si r ,
I have t h e honour t o c o n f i r m           my   agreement      with     the content                of your            Letter         of
which   reads as foLLows              :
 "  Sir,
   I have t h e honour t o r e f e r            t o the Temporary           Arrangement                f o r a concerted                   discipLine
   between      t h e European Economic Community and t h e R e p u b l i c o f F i n l a n d c o n c e r n i n g r e c i p r o c a l t r a d e i n
   cheese, signed          in Brussels          on 9 December          1981.
   I.    At t h e c o n s u l t a t i o n s  held    under paragraph 5 of the Arrangement                                       i t was       considered
        desirable        t o change         some o f t h e A r r a n g e m e n t ' s p r o v i s i o n s         i n order           ot bring i t
        more c l o s e l y     into      line   with   actual      market       requirements.                  Thus,          i t was       thought
        necessary        t o change         the quantities         laid     down i n r e s p e c t             of c e r t a i n          categories
        of   cheese i n p a r a g r a p h s 2 (a) and            2   'b) o f t h e         Arrangement.
   II.   By common a c c o r d , t h e T e m p o r a r y     A r r a n g ment f o r a c o n c e r t e d                  discipline             between
                                                                          c
       t h e European Economic Community and t h e R e p u b l i c           F i n l a n d c o n c e r n i n g r e c i p r o c a l t r a d e i n cheese
         is  h e r e b y amended as f o l l o w s        :
         1)  Paragraph 2 shall               be    replaced    by t h e f o l l o w i n g         :
             " 2 . The     European         Economic     Communtiy and t h e R e p u b l i c                   of      Finland           will     establish
                     for   t h e same p e r i o d     as t h e s u s p e n s i o n s m e n t i o n e d i n p a r a g r a p h 1 t h e
                     vollowing        trade      arrangements :
 ---pagebreak---                                                               - 2 -
For     t h e p e r i o d f r o m 1 J a n u a r y 1983 t o 31 December 1984, f o r t h e c h e e s e s            Listed
b e l o w , t h e q u a n t i t i e s t r a d e d e a c h y e a r and t h e d u t i e s t o be l e v i e d on i m p o r t a t i o n
may     not exceed t h e f o l l o w i n g            levels :
a) ON IMPORTATION INTO THE COMMUNITY
      Cheese f a l l i n g        w i t h i n h e a d i n g OA.04 o f t h e Common Customs T a r i f f      ;rioinating i n
      and     coming        from    F i n l a n d , accompanied     by an a p p r o v e d certificate :
                                                                          Quantities                       Import    duty
     - F i n l a n d i a , o f a minimum f a t c o n t e n t
         of 45 %, by w e i g h t , i n t h e d r y m a t t e r
         m a t u r e d f o r a t l e a s t 100 d a y s , i n
          r e c t a n g u l a r b l o c k s , o f a net weight
         of n o t l e s s t h a n 30 k g , f a l l i n g                  6.150 t ,                        18,13 ECU/100 kg
         w i t h i n s u b h e a d i n g 04.04 E I b) 5                   including a
         of t h e Common Customs T a r i f f                              maximum o f
                                                                          2.900 t f o r
     - E m m e n t a l e r , G r u y e r e , S b r i n z and
                                                                          Finlandia
         BergKase, n o t g r a t e d o r powdered,
         of a minimum f a t c o n t e n t o f 45 %
         by w e i g h t i n t h e d r y m a t t e r , ma
         t u r e d f o r a t l e a s t t h r e e months,
         f a l l i n g w i t h i n s u b h e a d i n g 04.04
         A I a n d I I o f t h e Common Customs
         Tariff
         . whole          cheeses                                    _
         . p i e c e s p a c k e d i n vacuum o r i n
             i n e r t g a s w i t h r i n d on a t l e a s t
             one s i d e , o f a n e t w e i g h t o f
             not l e s s t h a n 1 kg b u t l e s s
             t h a n 5 kg                                                 1.350 t                          18,13 ECU/100 kg
    - Processed cheese, not grated or
        powdered, i n t h e b l e n d i n g o f which
        o n l y E m m e n t a l e r , G r u y e r e and
        A p p e n z e l l have b e e n u s e d a n d w h i c h
        may c o n t a i n , a s an a d d i t i o n , G l a r u s
        h e r b c h e e s e (known a s S c h a b z i g e r ) ,
        p u t up f o r r e t a i l s a l e , o f a f a t
        c o n t e n t , by w e i g h t , i n t h e d r y
        m a t t e r , n o t e x c e e d i n g 56 '/., f a l l i n g
        w i t h i n s u b h e a d i n g 04.04 D I a n d D I I
        a) 1 o f t h e Common Customs T a r i f f                           500 t                          36,27 ECU/200 kg
    - Other                                                                    0 t
 ---pagebreak---                                                        - 3 -
              b) ON IMPORTATION INTO FINLAND
                 Cheese f a l l i n g within heading 04.04 of the Finnish Customs T a r i f f ,
                 o r i g i n a t i n g i n and coming from the European Economic Community, and
                 accompanied by an approved c e r t i f i c a t e of q u a l i t y and o r i g i n :
                                                                  Quantity                  Import duty
                 04.04.150            fresh cheese, curd         overa 11                   2/3 of the levy
                                                                 quantity of
                             200      processed cheese                                      1/3 of the levy
                             300      whey cheese                400 t f o r 1982           2/3 of the levy
                             400      mouldrcured cheese         650 t f o r 1983           2/3 of the levy
                            901       Eramsncaler-typs cheeses   750 t f o r 1984           full levy
                            902       Edam-type cheeses          with no r e s t r i c     full levy
                                                                 tions as to type
                            909       other cheeses              or q u a l i t y           1/3 of the levy
        2. During the fourth quarter of 1983 c ••nsultations w i l l be held with a view
             to possible increases f o r 1984 i n thu quantities l a i d down i n t h i s exchange
             of l e t t e r s .
I I I . A l l the other provisions of the Arrangement s h a l l remain unchanged.
        I should be grateful i f you would confirm that you are i n agreement with the
        content of t h i s l e t t e r .
        Please accept, Your Excellency, the assurance of my highest                       consideration."
                          Please accept, S i r , the assurance of my highest             consideration.


title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an Agreement between the European Economic Community and Japan negotiated under Article XXVIII of the General Agreement on Tariffs and Trade (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 328
Vol. 1975/0116
 ---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(75)328 final
                                                     Brussels ,, 2 July 1975
                          RECOMMENDATION FOR A
                             COUNCIL DECISION
            on the conclusion of an Agreement between the
                 European Economic Community and Japan
       negotiated tinder Article XXVIII of the General Agreement
                          on Tariffs and Trade
             ( submitted to the Council "by the Commission)
COM(75) 328 final
 ---pagebreak---                                                                     1/163/7 5-E
                                                                    Annex I
 Report on the results of "the renegotiations on ski boots
 1.   On 4 November 1974 "the Japanese Government informed the GATT Secretariat of
 its intention to open negotiations with the European Community under
Article XXVIII (5 ) of the General Agreement with a view to modifying the tariff
 concession on .
           ex 64 . OI Ski boots       Bound rate of duty 10$ ,
the Community being the principal supplier and , since this concession was granted
during the Kennedy Round , the initial negotiator of the concession .
2.    To take account of the difficulties facing the national ski-boot industry
and the resulting plans for its reorganization , the Japanese authorities decided
to raise the tariff level to 27$ ;    in their opinion , this rate should simply
maintain the present level of national production , with no growth , thus allowing
imports to profit from the expanding market .
3.    On the basis of the average over 1971 -72-73, "the direct injury to the
Community caused by the modification of this concession on ski boots amounted to
¥ 1 0^9 million in termp of the volume of trade and to ¥ 1^2 million in terms of
customs receipts ( raising of duty from 10$ to 27$ ).
4.    In order to offset the damage done to the Community , Japan had originally
offered reductions in bound rates on eight products ( including marble , musical
instruments , lifters ( for cigarettes , etc .) and furniture ), covering a volume
of trade with the Community of ¥ 1 879 million and involving an improvement in
terms of customs receipts of ¥ 49 million .     In making this offer of compensation ,
Japan in particular pointed out that pursuant to Article XXVIII the comparison
should be made in terms of volume of trade .
5.    The Commission felt that this offer was clearly inadequate , particularly
from the qualitative point , of view , and noted that customs receipts are one of the
factors to be taken into account here ;    the Commission has therefore asked the
Japanese authorities to reconsider their initial standpoint and make a more
 ---pagebreak---                                    - 2 -                            1/163/7 5-E
balanced offer.     To this end., the Commission has made additional requests
involving reductions in customs duties and the binding of an unbound rate of
duty . Also , though it appreciates the difficulties facing the Japanese industry
in question , the Commission has requested that the new customs duty on ski boots
be fixed at a level of less than 27$ and that the new rate be re-bound to avoid
any. uncertainty as to the future .
6.    A series of negotiations with the Japanese authorities was held between
December 1974 and the beginning of March 1975 an<i the Article 113 Committee was
kept regularly informed of progress in the negotiations . Although some of the
additional headings of interest to the Community were able to be included in
Japan 's final list for compensation , others were rejected for economic and social
reasons and replaced by other products (notably knitted or crocheted fabrics ,
tractor engines and lighters plated with precious metals).      It should be stressed
that the Japanese authorities have on several occasions mentioned that , if the
Community refused the improved offer, they might not modify the concession at
this stage but , after examining the trend of Japanese imports of ski boots next
autumn , might instead adopt other measures under the GATT (in particular under
Article XIX ) whose effects would possibly not have had the same consequences for
Community exports .
7 . The improved and final offer of compensation made by Japan consists of the
following!
(a) re-binding of the concession on ski boots at the rate of 27/6 ?
(b ) reduction in bound rates of duty on fourteen products (Annex II ) covering
      a volume of trade with the Community of ¥ 4 483 million (392/S of compensation
      for harm) and involving an improvement in terms of customs receipts of
      ¥ 160 million (88$ compensation for harm).                      ,
 ---pagebreak---                                     - 3 -                          1/163/75-E
8 . Taking these factors into' account , the Commission feels that the final offer i
of compensation is satisfactory and fair and proposes to conclude the renegotiations
with the Japanese Government on this "basis .                                       !
                                                                                t
                                                                                i
9.   During its meeting of 6 March 1975 "the Article 113 Committee delivered an
opinion corresponding to the Commission 's proposal , a provisional reservation "by
one Member State "being lifted a .few days later.
                                                                              ■
10 . The document recording the results of the renegotiations (Annex II ) was
initialled on 15 April 1975 *
11 . The new rate of 2755 on ski "boots entered into force in the Japanese
tariff on 5 June , 1975 ». at the same time as the reductions in the rates on
the products offered ill compensation.                                      '
 ---pagebreak---            ri                                             Annexe II  r
           NEGOTIATIONS RELATING TO SCHEDULE XXXVIII - JAPAN
      The Delegations of Japan and of the Commission of the European
Communities have concluded their negotiations under Article XXVIII
for the modification or withdrawal of concessions provided for
in Schedule XXXVIII - Japan as set out in the report attached .
For the Delegation of                        For the Delegation of
Japan                                        the Commission of the
                                             European Communities
                                                         A <A|
                                                            i
                                             15 Aprii 1975
 ---pagebreak---                                                                          3.
            RESULTS OF NEGOTIATIONS WITH THE EUROPEAN ECONOMIC COMMUNITY
                         UNDER ARTICLE XXVIII FOR THE MODIFICATION OR
                    WITHDRAWAL OF CONCESSIONS IN THE SCHEDULE OF JAPAN .
                              CHANGES IN SCHEDULE XXXVIII - JAPAN
B.     CONCESSIONS' TO BE MODIFIED
                                                                                l
                                                            :ate of DutyRlate of Duty       i
Tariff Item
                Description of Products • .
                                                             bound in
                                                          I Existing        to be bound     i
                                                                                i
                                                                                \
    Number                                                                                i
                                                             Schedule                        !
-      I
                                                                                I
                                                                                I
                                                                                !
 ex 64.01        Footwear with outer soles and                                                 ί
                                                                                i
                 uppers of rubber or artificial                                                l
                                                                                i
                  plastic material :                                                           t
                                                                                I
                                                                                I
                      Ski boots                                 10%      i     27%              i
                                                                                (■
                                                                                l
                                                                                î
                                                                                !■
_
                                                                                I
                                                                                !_
                                                                                î
  C. NEW CONCESSIONS ON ITEMS IN THE EXISTING SCHEDULES                                           i
  Tariff Item                                               Rate of Duty late of Duty
                   Description of Products                    bound in      to be bound
    Number                                                    Existing
                                                              Schedule
                                                                          j                j
  ex 60.01         Knitted or crocheted fabric ,
                   not elastic nor rubberised :
                       1 . Plain or rib ( other
                           than goods specified                                                      !
                           in 2 below ) :
                                                                                i
                            ( 3 ) Of man-made                                *        '  •
                                  fibres :
                                  A. Containing more                 *
                                      than 50% by
                                      weight of
                                      synthetic fibres
                                      or acetate
                                      fibres                     12.5%          10%
                 <                i '  i i i. ■ i  i
     r                     " ■ '      ■ . l ' • -,                                      //
 ---pagebreak---                                      - 2 -
                                                  Rate of Duty
Tariff Item                                        bound in    Rate of Duty
   Number   Description of Products                Existing     to be bound
                                                   Schedule •
   68.02      Worked monumental or building
              stone ; and articles thereof
               ( including mosaic cubes ) ,
              other than goods falling
              within heading No . 68.01 or
              within Chapter 69 : •
                   1 . Marble , polished ,- and
                       articles of marble :
                         Slabs and sheets of
                         marble , polished             6.25 %       Free
                         Other                         7.5 %        Free
                 . 2 . Other                           2.5 %        Free
    70.09     Glass' mirrors ( including
              rear-view mirrors ) , un
              framed , framed or backed               12.5 %        10 %
ex 70.14      Illuminating glassware ,
              signalling glassware and
              optical elements of glass ,
              not optically worked nor
              of optical glass :
                   Illuminating glassware
                   for electric lamps ,
                   excluding those for
                   filament lamps                     10 %           8 %
fex 84.06     Internai combustion piston
              engines :
                                 » •
                   1 . Engines :
                   ex ( 1 ) For motor. vehicles :
 ---pagebreak---  "     *            •   •               - 3 -
                                                  *ate of Duty
Tariff Item                                        bound in »  Rate of Duty
                                                   Existing     to be bound
 Number         Description of Products            Schedule
ex 84 . 06
    ( con . )                  Intended for
                               use in tractors
                                falling within
                               heading No .
                                87.01 :
                                  Other than
                                  gasoline
                                  enqines             30%          15%
2X 84 . 52 *     Calculating machines ; account
                 ing machines , cash registers ,
                 postage-franking machines ,
                 ticket-issuing machines and
                 similar machines , incorporating
                 a calculating device :
                 ex 2 . Electric calculating
                        machines other than
                        those specified in 1
                        above :
                          Other than those with
                          3 rules or more calcu
                                                        7.5%         6%
                          lating mechanisms
 îx 85.13         Electrical line telephonic and
                  telegraphic apparatus ( includ
                  ing such apparatus for carrier-
                  current line systems ) :
                    Apparatus for carrier-                           6%
                    current line Systems                7.5%
         /
              V
 ---pagebreak---                                       - 4 -
                                                  Rate of Duty
Tariff Item | . ■                                  bound in    Rate of Duty
  Number    I Description of Products              Existing     to be bound
                                                   Schedule ■
   92.05       Other wind musical instruments          7.5%       6%
ex 94.03       Other furniture and parts
               thereof :
               ex 3 . Other :
                      . Other than those
                        made of wood or
                        base metal                    10%          8%
ex 98.10       Mechanical lighters and
               similar lighters , including
               chemical and electrical
               lighters , and parts thereof /
               excluding flints and wicks :
               ex 1 . Made of , or combined
                        with , precious metals ,
                        rolled precious metals ,
                        metals plated with
                        precious metals ,
                        precious or semi
                        precious stones ,
                        pearls , coral ,
                        elephants * tusks
                        or Bekko :
                          Made of , or combined .
                          with , rolled silver
                          or platinum group
                          metals or metals
                          plated with silver
                          or platirium group
                          metals                        20% ■      16%
                ex 2 . Other :
                                                        10%          8%
                           Lighters
(
 ---pagebreak---                                                                  I/163/75-E
                                                                Annex III
                      RECOMMENDATION     FOR A
                            COUNCIL DECISION
on the conclusion of an Agreement between the European Economic Community and
Japan negotiated under Article XXVIII of 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
pa.rticular Article 113 thereof ;
                                  i
Having regard to the Council Decision of 25 May 1970 authorizing the Commission to
enter into negotiation or consultation in specific circumstances with third
countries which are Contracting Parties to the GATT ;
Having regard to the Recommendation of the Commission ;
Whereas , in accordance with Article XXVIII of the General Agreement on Tariffs and
Trade , the Government of Japan has notified its wish to modify a concession
affecting the European Economic Community ;   whereas that modification has been the
subject of negotiations for compensatory adjustment;                                   j
Whereas the concessions offered by Japan in compensation for the modified concession
                                                                                ! .
are satisfactory ,                                                                     !
                                                                                i   .
                                                                                !
                                                                                i
HAS DECIDED AS F0LL0WS :
                                    Article 1
The Agreement negotiated with Japan under Article XXVIII of the General Agreement      j
on Tariffs and Trade is hereby concluded on behalf of the European Economic            j
Communityi The text of the Agreement is annexed to this Decision.                      !
                                                                     <        .        *
                                    Article 2                               ,
                                                                                j!
The Contracting Parties to the General Agreement on Tariffs and Trade shall be
notified of the conclusion of this Agreement .                                        j
                                                                                i
Done at Brussels              •
                                                                                • ji
                                                                                j
                                                                                i
                                                           For the Council           !
                                                                                I
                                                           The Président             !


RECOMMENDATION FOR A COUNCIL DECISION CONCERNING NOTIFICATION OF THE COMMUNITY' S ACCEPTANCE OF THE INTERNATIONAL COFFEE AGREEMENT 1983 AS EXTENDED UNTIL 30 SEPTEMBER 1991


title: Recommendation for a Council Decision concerning the conclusion of an Agreement on Fisheries between the Government of Canada and the European Economic Community (presented by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 887
Vol. 1980/0278
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(80)887 Final
                                                Brussels , 16 december 1980
                                .T
                                                   \
                   Recommendation" for a Council Decision
               concerning the conclusion of an Agreement on
               Fisheries between the Government of Canada
                 and the European Economic Community
                 ( presented by the Commission to the Council )
COK(SO ) 887 Final
 ---pagebreak---                                EXPLANATORY MEMORANDUM
1. By its decision of 3 November 1976 , the Council authorized the Commission
   to negotiate a framework fisheries agreement with Canada .
2. These negotiations reached their conclusion on 29 November 1980 when the
   text of an Agreement on Fisheries between the Community and Canada was
   initialled by the heads of the Canadian and Community delegations . The
   Agreement is to apply for six years in the first instance .
3. The Agreement provides for access by vessels of either Party to the fishery
   zone of the other Party in order to fish for allotments of parts of total
   allowable catches surplus . to the harvesting capacity of the Party which is
   the coastal State . The Agreement specifies the conditions under which such
   fisheries may take place and provides for cooperation between the two Parties
   in the field of fisheries . In particular it provides for cooperation in such
   fields as fishery trade , exchanges of technical information and specialized
   personnel , the utilization and processing of catches and port       facilities .
   The Agreement provides for bilateral consultations between the two Parties
   concerning such cooperation .
4. The Commission considers that the framework which this Agreement provides
   for access to fishing possibilities in Canadian waters over the period from
   1981 until 1986 is particularly valuable in the light of the loss of access
   for the Community 's long distance fishing fleet to the waters of several
   other third parties .
5. In the light of the foregoing , the Commission
   (i)    recommends that the Council , at its next meeting , authorize its President
          to designate the persons authorized to sign this Agreement ;
   ( ii ) proposes that the Council , after consulting the European Parliament ,
          approve the outcome of the negotiations by adopting the recommendation
          for a decision annexed hereto , thereby approving the Agreement .
 ---pagebreak---                             Recommendation for a
                            Council decision
           concerning the Conclusion of an Agreement on Fisheries between
          the Government of Canada and the European Economic Community
 THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing the European Economic Community ,
and , in particular Article 43 thereof ,
Having regard to the recommendation from the Commission ,
Having regard to the Opinion of the European Parliamentd ),
Whereas it is in the Community 's interest to approve the Agreement between
the European Economic Community and the Government of Canada concerning
fisheries by vessels of either Party in the fisheries zone of the other
Party ;
HAS   DECIDED AS  FOLLOWS :
                                  Article 1
The Agreement on Fisheries between the Government of Canada and the European
Economic Community is approved on behalf of the Community .
                                  Article 2
The President of the Council is       hereby authorized to designate the persons
empowered to sign the Agreement .
                                 Article 3
The President of the Council shall , on behalf of the Community , give the
notification provided for in Article XV of the Agreement ( 2 ) .
Done at                                          For the Council ,
                                                   The President
( 1 ) O.J. N 0
( 2 ) The date of the entry into force of the Agreement will be published in the ^
      Official Journal of the European Communities by the Seer . Gen. of the Council .
 ---pagebreak---  AGREEMENT ON FISHERIES BETWEEN
THE GOVERNMENT OF CANADA AND THE
  EUROPEAN ECONOMIC COMMUNITY
 ---pagebreak---    THE EUROPEAN ECONOMIC COMMUNITY ( hereinafter referred to as the "Community")
   and
  THE GOVERNMENT OF CANADA
                                                                                »
  RECALLING the close relations between the Community and Canada and, 1n particular
  the Framework Agreement for Commercial and Economic Co-operation between the-
  European Communities and Canada signed 1n Ottawa on 6 July 1976 ;
  CONSIDERING their common desire to ensure the conservation and rational
 management of the living resources of the waters adjacent to their coasts
 and their concern for the welfare of their coastal communities and the living
   resources     of the adjacent waters upon which these communities depend;
 NOTING that the Government of Canada has extended Its jurisdiction over the
 living resources of its adjacent waters to a limit of up to two hundred
nautical miles from Its coast and exercises within this limit sovereign rights
 for the purposes of exploring and exploit ing , conserving and managing these
resources ; and that the Member States of the Community have agreed that the
limits of their fishing zones ( hereinafter referred to as the fishery zone
of the Community ) shall extend up to two hundred nautical miles from the coast ,-
fishing within these limits being subject to the common fisheries policy of
the Community ;
TAKING Into account the need to co-ordinate the management of certain living
resources which occur both in waters under the fisheries jurisdiction        •
of Canada and 1n the fishery zone of the Community ;
TAKING into account the work of the Third United Nations ; Conference on the Law
of the Sea and State practice conforming thereto;
 ---pagebreak---  ACFIHUING that the exorcise of sovereign rights by coastal states within
th-'ir .- ireas of jurisdiction over the living resources for the purpose of
exploring , exploiting , conserving and managing these resources , should bo
conducted in accordance with the principles of international law ;
                     '                                         '     '
                                                                             I
TAKING into account the interest of each Party 1n developing fisheries in.
the fishery zone of the other Party ;
DESIROUS of establishing the terms and conditions pertaining to fisheries
of mutual concern ;
HAVC AGREED AS FOLLOWS :
 ---pagebreak---                       Article I
The two Parties shall cooperate
olooely in matters pertaining to the conservation and utilization
of the living resources of the sea . They shall take appropriate
rneauureo to facilitate such cooperation and shall consult and
                                                   *
cooperate in international negotiations and organizations with a
view to achieving common fisheries objectives .
 ---pagebreak---                            Article II
1 . Ca ) The Government of Canada undertones to grar.t
access to vessels flying the flag of Member States
of the Community to fish within the area off the      East
coast of Canada , brought under Canadian fisheries
jurisdiction after December 31 , 1976 , for allot-er.ts ,
as appropriate , of parts of total allowable catcher
surplus to Canadian harvesting capacity , in accordance
with the provisions of this Article .
    ( b ) The Community undertakes to grant access to
Candian vessels to fish within the - fishery    zone of
the Community                                    for
allotments , as appropriate , of parts of total allowable
catches surplus to Community harvesting capacity , in
accordance with the provisions of this Article .
 ---pagebreak---                   ( Article II )
2.  Each Fa.rty shr.U 'tfetcr~ir.2 cmui-l^y fcr the
vaters under its fisheries j-.iricciiC Icn referred to
in paragraph 1 , subject to adjustment vhen nc cer r:\ry
to reet unforeseen circumstances ,
    ( a ) the total allowable catch for
          individual stocks or complexes of
          stocks taking into account the sci
          entific evidence available to it -
          the interdependence cf stocks , the vcrk
          of appropriate international organiza
          tions and ether relevant factors ;
    ( b ) its harve^tinc capacity in respect
          of such stock ?; and
    ( c ) efter appropriate consultations , allot
          ments , as appropriate , for fishing
          vessels of the other Party of parts of
          surpluses of stocks or complexes of stocks
          and the areas vithin vhich these allot
          ments nay be fished .
 ---pagebreak---                                  ( Article II )
3.    In determining the allotments and areas where fishing may take place , each
Party will take into account inter alia :
   - its interests ;
   - the amount of the surplus of total allowatTe catches of relevant stocks ;
   - traditional fishing by vessels of the other Party ;
   -  reciprocity of access ;
   - other benefits which may be offered pursuant to the cooperation referred
        to in Article Vlll ,
 ---pagebreak---                         Artiolo III
 1#    Each Itirty shall take all appropriate measures to oblige
ito vessels to operate in Compliance with the provisions of this
Agroement and with any measures agreed upon from time to timo
pursuant to the provisions of this Agreement ,
2.     Each Party may tako within its area of fiuhories jurisdiction
ouch mcaaureo , in conformity with international law, as may he
neco3cary to ensure compliance with the provisions of this Agreemont
by voooels of the other Party.
                                                                       i
3. Each Party shall take , within itG area of fiuhories jurisdiction,
tho n'jce'jcary measures to give offeet to the provisions of this
Agroomont , which may include the issuing of liconcos .
     «
A.     Fishing vessels of one Party shall , when fishing within the
area of fisheries jurisdiction of the other Party , comply with all
laws governing fishing activities in that area .
                             «
                                                »
5.     Each Party may establish measures which it deems to be required
for the conservation , rational management , and regulation of fisheries
within its fishery zone , provided that such measures are not taken
for the specific purpose of impeding the fishing vessels of the other
Party from taking the allocations granted under this Agreement .
 ---pagebreak---                         Ar1 1 C L c IV
The two Parties   shall    :     cooperate , either bila
terally or through appropriate int ^ rnot ional organizations,
to ensure the proper management and conservation
of stocks occuring within    the fishery zones of both
Parties and stocks of associated species .
In particular , they shall endeavour to harmonize the
regulatory measures applicable to these stocks , and
shall consult frequently and exchange relevant
fisheries statistics for this purpose .
 ---pagebreak---                           Article V
Each Party shall cooperate with the other Party , as appropriate ,
in light of the development of their fisheries relations pursuant to
the provisions of Article II , in scientific research required for
the purposes of management , conservation and utilizatiqn of the
living resources in the area under the fisheries jurisdiction of
that other Party . For these purposes , scientists of the two Parties
shall consult regarding such research and the analysis and
interpretation of the results obtained .
 ---pagebreak---                                     VI
 1.      I'ach Ifrrty shall , subject to tho availability of faoilitieo and to-
 tho needs of its own vosaols , allow vessels which it has liconGed
 purtmant to this Agreement to entor ita ports in accordance with
 applicable laws , regulations and administrative requirements , for the
purpoce of purchasing bait , supplies or outfits or effeoting repairs ,
or for ouch other purposes aa that Party may determine .
2»       Such authorisation shall bocorao null and void in rospoot of any
veuuol liconcod pursuant to tMo Agreement upon tho cancellation or
•; jr:^.ination of itG licence , ci-eopt for the purposo of ontering port
'■o purchase supplies or effect repairs necessary for its outward
voyage .
3.      'i'ne provisions of this Article shall not affoot aocoso to tho
portu of oither Party in cases of distress , medical emergoncy or force
                                                                        )
u-ajouro »
 ---pagebreak---                           Article VII
(1 )  The two Parties reaffirm     their attachment to the cooperation
provided for in the Convention on Future Multilateral Cooperation in
the Northwest Atlantic Fisheries , to which they are' Contracting
Parties - and , in particular , in Article XI , paragraph 4 thereof .
 (2 ) In the event that third-party fishing causes a threat to the
conservation of the living resources of the waters beyond and
adjacent to the areas referred to in Article II , the two Parties
agree to take cooperative action to overcome that threat .
 ---pagebreak---                           Article VIII
1.    T*io t;<o Partios   shall     encourage eeonomio and commercial
cooperation in the field of fisheries .
2.    To this end , the two Parties    shall , in particular , utilize
tho possibilities offered by the 1976 Framework Agreement for
Ccc-uDorcial and Economic Cooperation between Canada and tho European
Communities in the fisheries sector with a view to improving in a
reciprocal manner the conditions and terms of their fisheries
relations .
 ---pagebreak---                        Article IX
       The two Parties shall carry out periodi c bi lateral
consultations regarding the development of further cooperation
in relation to fisheries , including cooperation on such matters
as fisheries trade , exchanges of technical information and
specialized personnel , improvement of utilization and processing
of catches , and arrangements for the use of the ports of each
Party by fishing vessels of the other Party to ship or discharge
crew members or other persons and for such other purposes as
may be agreed upon .
 ---pagebreak---                      / τ-ΙΊεΙο Χ
1.    Tho two F&rtioo    shall   conault periodically on quootiona
relating to the implementation and proper functioning of thio
Agra cmont .
                                                            V
2.    In tho event of a diuputo concerning tho interpretation or
application of thio Agreement ouch a dispute ehall be the eubjeot
of consultations "between the two Parties .
 ---pagebreak---                         Artie ? o XT
This Atproemont shall apply, on the one hand, to the territorieo
in which the Treaty establishing the Community is applied and
under the conditions laid down in that Treaty and, on the other
hand , to the territory of Canada.
 ---pagebreak---                           Article XII
1.   Nothing in this Aoreement shall prejudice any multilateral
convention to which Canada and the Community, or Canada and any
Member State of the Community , are parties , or the views of
either Party with respect to any question relating to the Law
of the Sea .
2.   This Agreement is without prejudice to the delimitation of
economic zones or fishery   zones between Canada and Member
States of the European Community .
 ---pagebreak---                             Article XIII
/l . This Agreement shall not affect rights under any existing
 Fisheries Agreement between a Member State of the Community and
 Canada .
 2.   However from the time of entry into force , the Community
 shall conduct on behalf of such a Member State all consultations
 which may be necessary to determine the fishing rights granted
 pursuant to such Agreement .^
 ---pagebreak---                            Article XIV
The Annex to this Agreement shall form an integral part thereof .
 ---pagebreak---                         Article XV
Thio Agreemont chall enter into force on the date on which the
Partios notify each other of the completion of the procedures
necessary for this purpose .
 ---pagebreak---                           Article xv T
       Tnin Agrc^iont may bo torminatod by oithor Party on
Doccnbor 31 , 1936      at any time thereafter/
provided that notice of termination is given not less then twelvo
 ( 12) months in advance of such termination.
IU UITIESS WHEREOF,        tho undoraigned , bei ng duly authorised for
this purpose , have signed thiB Agreement .
Bono at                    t on                       , in
duplicate in tho Danish, Dutch , English , Frencli, German, greek an<j
Italian languages , each of these texts being equally authentic.
For tho Council of tho                             For the Govornmont ox
 European Communities                                     Canada
 ---pagebreak---                        Annex
   COMMUNITY DECLARATIOT; COR v? 7i:;0 A'RTTCT ,*: YT
      OF THE AGREEMENT O?;                   P-TV.TEN
         7:ErJ EUROPEAN.' ETiV'MIu "" '■?■"' N'T TY
           A ? D THE C-OVK::     QE CA:;APA
Pursuant to the wish expretted by the Government of
Canada , the Community cor.fi rms that Article XI' of
the Agreement incorporates provisions that are
traditionally used in agreements concluded between
the European Economic Community and third countries .


title: RECOMMENDATION FOR A COUNCIL DECISION ON THE NEGOTIATION OF A THIRD INTERNATIONAL COCOA AGREEMENT (Presented by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 546
Vol. 1980/0176
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   COM(80)546 final
                                                   Brussels , 24.9.1980
                RECOMMENDATION" FOR A COUNCIL DECISION ON THE NEGOTIATION
                OP A THIRD INTERNATIONAL COCOA AGREEMENT
                                                                    /
                    ( Presented by the Commission to the Council )
                      " -          7
   COil(SO ) 546 final
 ---pagebreak---          RECOMMENDATION FOR A COUNCIL DECISION ON THE NEGOTIATION OF A THIRD
                            INTERNATIONAL COCOA AGREEMENT
Introduction
       On 10 July 1980 the Commission transmitted a communication to the
Council with regard to the consultation meeting convened by the UNCTAD /
Secretary-General in Geneva from 28 July to 1 August on international
cooperation in the cocoa sector . At its meeting on 22 July , the Council
basing itself    on this communication :
     recognized the political imDortance of safeguarding international
     cooperation between producer and consumer countries ; especially as regards
     such an important primary commodity as cocoa ;
( ii ) agreed that the Community should declare itself ready to resume the
       negotiations which were interrupted at the end of March , since the
       International Cocoa Council had been unable either to extend the
       validity of the second Agreement or to recommend a further negotiating
       conference after the series of failures in 1979 ;
( iii)would wait to continue the di scussions, parti cularly on prices , in
       the light of the results of the Geneva consultations .
The Geneva meeting
       The producer countries
( a ) wanted to reach an agreement containing economic provisions , particularly
      a buffer stock , financed as before by a levy on trade in the product ,
 ---pagebreak---                                  - 2 -
 ( b ) confirmed their intention of transferring the buffer stock 's
       assets from the second Agreement to a third agreement , which
       was consistent with the desire expressed by the consumer countries ,
       in particular the Community , for the negotiations to be resumed ;
                                 χ
( c ) agreed to resume negotiation of the Lower intervention price for the
       buffer stock on the basis of the proposal made by the consumer
       countries in March - i.e. 110 cts / lb - while at the same time pointing
       out that they would like to see prices reviewed and revised
       annually by the Council ( under a three-year agreement ).
        In view of the content of the Council decisions , the EEC was not in
a position to express an opinion on the crucial question of the level of
intervention prices for the buffer stock under a future agreement , despite
the fact that in order for the negotiations to be resumed with a good
chance of success , it was important for its position to be sufficiently
clear for the UNCTAD Secretary-General to have a reasonable idea of
where the main parties stood . The EEC did , however , confirm that it
would like the- agreement to include a semi-automatic price revision            %
clause , which could operate both upwards or downwards .
        The United States , which is the world 's second largest consumer after
the Community , raised a number of outstanding issues on which there
would have to be a final compromise with the question of prices , and
were particularly insistent that the future agreement should be linked
to the Common Fund . It supported the Community 's wish for the agreement
to contain , along with periodic price revision by Council decision , a
semi-automatic revision system related to market conditions and buffer
stock operations . (1 )
                                                                     ./.
( 1 ) While they have not refused to consider this point , the producer countries
       demand that world inflation should also be taken into account .
 ---pagebreak---                                - 3 -
      With regard to the Lower intervention price level , the United States
 considered that it had to be negotiated at between 100 and 110 cts ,
taking into account current and predictable market trends .
      The other consumer countries which expressed an opinion ( Japan , Sweden ,
Switzerland etc .) agreed to resume negotiations on a price in the
110-120 cts bracket ; the USSR expressed no opinion on this question , nor
on any other for that matter .
      The producer countries expressed disappointment at the position
adopted by the United States , and at the lack of a Community position
on prices . The latter was not criticized too heavily however , since
the Council had reiterated its political resolve in this field and
expressed its intention of quickly concluding its discussions . The
contacts the four ACP Ministers present in Geneva had had with the
President of the Council had given a clearer idea of the situation
within the Community .
      The producer countries were particularly reluctant to accept a
semi-automatic price variation clause , and made it clear that their
acceptance , on terms to be negotiated , would depend upon the consumer
countries adopting a reasonable stance on the level of prices to
which the clause would be linked .
                                *
                          *          *
      In view of the failure to reach agreed conclusion at the
consultation meeting , the conference chairman compiled his own conclusions
which the Council will find annexed to this communication . His main point
is to request the UNCTAD Secretary-General to carry on his consultations
immediately so that a new conference can be convened in
October 1980 .
 ---pagebreak---                                      - 4 -
      Commission proposal
             The Commission recalled in its communi cation to the Council of 10th
      July 1980 and during the discussions that were held during the Council of
      22nd July 1980 , the utmost political importance of the subject itself -
      a failure of the cocoa agreement would be primarily a failure between the
      EEC and the ACP . It also recalle-d that the stakes were more important than
      the cocoa field alone because there was a clear risk of initiating a-
      negative evolution of the general Community policy on primary commodities
      in its relationship with its aid policy to the developing countries .
             Therefore , the Commission deems it essential that , during its next
      session , the Council gives the Commission the necessary directives that
      will allow it to express a constructive view point which will meet the
      mutual long term interests , of both the consumers and the producers .
             In this prospect , the Commission considers that a number of the nego
      tiating directives issued in 1979 should be reviewed given the prospect of a
      future conference , in order to take account of the way the situation has
      developed since the end of the last conference ( November 1979 ).
          To update the Community 's position , the experts may   use as a basis
the elements of the compromise arrived at on 20 March ( see Annex to
Document 8085 / Proba 24 of 23 July ) and incorporated by the consumer countries
in their proposal to the International Cocoa Council at the end of March 1980 .
         With regard to the vital question of prices ( level and revision system ),
the Commission recommends that the Counci I modi fy the decision of '6th
  February 1979 and take the following comD lementary negotiation directives :
( i ) the negotiation of the level of the lower intervention price to be
        laid down in . the agreement should be confined : to a spane of a
        few cents between the extremes quoted during the consultations ; ( 1 )
( ii)the Community will make an effort to reduce as far as possible the
        proposed 40 cts difference between the lower and higher intervention
        prices . From the point of view of developing industrial cocoa con
        sumption , the level of the higher price is extremely important since
      the buffer stock releases its cocoa on the market when this is exceeded ;
        it is equally so from the point of view of the profitability of buffer
        stock operations , since for technical , economic and financial reasons ,
        cocoa must not be stockpiled for too great a length of time ;
                                                                   ./.
 ( 1 ) The Commission wi U communicate the exact figures orally to Council
        bodies .
 ---pagebreak---                                     - 5 -
    ( iii ) the Community will have to have a certain amount of room for manoeuvre in
\ ♦
            negotiating the price revision system , which is linked to the letfel
¥           of prices ;
«
    ( iv )  in view of the producer countries difficulties in accepting the
            concept of semi-automatic price revision and the actual form
            this would take , the Community will initially have to make an
            effort to negotiate such a system in the agreement linking it to
            the level of prices and to the number of revisions made by
            Council decision ; then , should the success of the negotiations be
            at risk because of this issue alone , it would have to try to ensure
            that the principle at least was recognized in the agreement and that
            the agreement council was obliged to study how such a system
            could be put into operation and possibly implemented before the end
            of the first year of the agreement ;
    (v)     at a more general level , the Community will have to look into all
            possible satisfactory compromises in order to arrive at an agreement
            limited to three years, which ought to enter into force as soon as
            possible , given  that the producer countries - particularly the
            ACP ones - attach major political and economic importance to
            continuing cooperation with the Community in this field , the
            United States not having participated in the first two international
            agreements .
 ---pagebreak---                       Statement by the Chairman
    As Chairman of the Meeting on Cocoa , held under the auspices
f UirCTAD 's Integrated Programme for - Commodities , my perception of
he results of the discussions can be summed up as follows :
    1 . ■ There is a common desire among cocoa producing and
    cocoa consuming countries to continue their co-operation
    in the world cocoa economy , and to this end to work towards
    arriving at a third agreement on cocoa as soon as possible .
    2.     A new cocoa agreement should , to the greatest extent
    possible , build on the provisional agreements reached at the
    previous cocoa conference as they are contained in document
    TD/COCOA.5/R. 3''.
     3.    The Secretary-General of UNCTAD is requested to urgently
    pursue his consultations with a view to convening a negotiating
     conference in the first half of October 1980 .
    4.     All Governments are urged to focus their attention oh
     outstanding issues , particularly the following:
           ( a ) the- level and structure of the price range ; and
           ( b) the mechanism for price revision.              '


title: Recommendation for a Council Decision Establishing, in accordance with Article 104(8), whether effective action has been taken by France in response to recommendations of the Council according to Article 104(7) of the Treaty establishing the European Community

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