title: Recommendation for a COUNCIL DECISION authorizing the Commission to negotiate in the name of the Community agreements in the form of exchanges of letters rectifying certain duty-free quotas opened by the United Kingdom in accordance with Protocol No 1 to the Free Trade Agreements between the European Economic Community and the Republic of Finland, between the European Economic Community and the Kingdom of Norway and between the European Economic Community and the Kingdom of Sweden#Recommendation for a COUNCIL REGULATION concerning the conclusion of Agreements in the form of Exchanges of Letters modifying certain duty-free quotas opened by the United Kingdom in accordance with Protocol No 1 to the Agreements between the European Economic Community and the Kingdom of Norway and the European Economic Community and the Kingdom of Sweden (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 777
Vol. 1979/0255
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                           COM(79)777 final
                                                           Brussels . 10 January 1980
                               Recommendation for a
                                    COUNCIL DECISION
authorizing the Commission to negotiate in the name of the Community
agreements in the form of exchanges of letters rectifying certain duty-
free quotas opened by the United Kingdom in accordance with Protocol No
1 to the Free Trade Agreements between the European Economic Community
and the Republic of Finland , between the European Economic Community and
the Kingdom of Norway and between the European Economic Community and
                               the Kingdom of Sweden
                               Recommendation for a
                                  COUNCIL REGULATION
concerning the conclusion of Agreements in the form of Exchanges of Letters
modifying certain duty-free quotas opened by the United Kingdom in accordance
with Protocol No 1 to the Agreements between the European Economic Community
and the Kingdom ofif Norway
                      Norwayandandthe         European Economic
                                          the European Ec<      Community and the Kingdom
                     Xv                  of Sweden
                   ,/<W         i  >             • V
                  T           c y.-v " -
                                             r
             ( submitted
                  submitted// tov*
                              to the  he Council by the iCommission )
                         ^•< I ce Li>^
C0MC79 ) 777 final
 ---pagebreak---                          -    RECOMMENDATION FOR A
        Council Decision authorizing the Commission to negotiate in the name
        of the Community agreements in the form of exchanges of letters xec-       •
        tifying certain duty-free quotas opened "by the United KIng>-
        dom in accordance with Protocol No . 1 to the Prea Trade Agreements 'be
        tween the European Economic Community . and the Republic of Finland , 'be
        tween the . European Economic Community and the Kingdom of Norway and "between
        the European Economic Community and the Kingdom of Sweden .
  THE COUNCIL OF THE EUROPEAN" COMMUNITIES                                 .    -  Vv
  Having regard to the Treaty establishing the European Economic Community ,
  and in particular Article 113 thereof ;                ,                    . •
  Having regard to the Recommendation from the Commission ; -
  Having regard to the , Free Trade Agreements signed, on 5 October 1973 "between
  the European Economic Community and the Republic of Finland ( l ), on 14 Mays
. 1973 between the European Economic Community and the Kingdom of Norway ( 2 ),
  and on 22 July 1972 between the European Economic Community and the Kingdom
  of Sweden ( 3 ) 5
 Whereas certain duty-free quotas opened by the United Kingdom in accordance
  with Protocol No 1 to the< aforementioned . Free Trade Agreements should be •
  rectified due to errors in the statistics on which these quotas were based ;-
  HAS DECIDED AS FOLLOWS :       "                   ^
                                       Sole Article
  The Commission is hereby authorized to negotiate , in the name of the Community /,
  agreements in the form of exchanges of letters rectifying certain duty-free
  quotas opened by the United Kingdom in accordance .with Protocol No . 1 to the
 Free Trade Agreements between the European Economic Community and the Republic
  of Finland , the European Economic Community and the Kingdom of Norway and the
 European Economic Community and the Kingdom of Sweden .
  The Commission , assisted by representatives of the Member States , shall conduct
  the negotiations in accordance with the annexed directives .
 Done at Brussels ,:        ,
                                                   For the Council .
           ' - .                                     The President . "
  ( 1 ) O.J. No . L 328 , 28.11.1973 , p. 2
 ( 2 ) O.J. No. L 171 , 27.6.1973 , p.                                          •
 ( 3 ) O.J. No. L 300, 31.12.1972 , p. 97
 ---pagebreak---                    Directive for negotiation from the Council to the Commission
                In the reference period for the setting of the quotas ( 1968-71 ), the Scan
                dinavian exporters classified their exports of low coated board to the United
                Kingdom as uncoated board . It was therefore imported under United Kingdom
                tariff heading 48.01 . Thus the import statistics for uncoated board ( 43.01 )
                were too high and those for coated board ( 48 . 07 ) " too low . The Scandinavian
                exporters expected this classification to continue , but the         United Kingdom
                customs authorities later informed exporters that low coated board had to
                be entered under tariff heading 48 . 07 . This changed classification , which in
                fact is a rectification , requires an analoguous rectification of the statistics
                of the reference period and therefore of the duty-free quotas set out in Annex A
                to Protocol No . I.
                The United Kingdom authorities checked the original invoices in the three
                countries in question . The conclusion of these checks was that the following
                rectification of the duty free quotas set out in Annex A to Protocol No . 1
                should be made  :
                The original quotas' were established by increasing the average yearly trade
                figure for the period 1968-71 by four times 5 % cumulative . Thus the classi
                fication error should also be increased by four times 5 ?« and the amount be
                deducted from the 1974 quota for uncoated board and added to the quota for
                coated board in Annex A to Protocol No . 1 . The results would be the following :
  I. 48.01 ex P other board               Pinl-md                 Uorway                  Sweden
      A. Original quota 1974              45*352 t                10.903 t                37.678 t
      B. Classification ^rror     5*716 t                 6.536 1                 3.461 t
      C. 4 x 5 $ of B.            1.232 t                 1.409 t                   746 t
      D. Rectification            6.948 t -6.9-3- t       7.945 1 -7.9-15 t       4.207 t -<1.207 t
      E. New quota 1974                   38.404 t                 2.95§ t                33.471 t
II . 48.07 C others than prin
      ting and writ in r nar»er
      A. Original quota 1974              47.001 t                 5.988 t ( 1 )          34.998 t
      B. Correction as I. D.              +6.948 t                +7.945 t                +4.207 t
         above
      C. New quota 1974                        9 t                13·233_ί ( 1 )          39.205 t
( 1 ) Including printing and writing paper
 ---pagebreak---                        Explanatory Memorandum
1 . The United Kingdom has requested that the duty-free quotas for coated
    board and uncoated board laid down in Annex A to Protocol No . 1 of the
    Free Trade Agreements between the European Economic Community (EEC ) and
    Finland , the EEC and Norway and the EEC and Sweden be rectified .
2 . The reasons for this request are the following :
    In the reference period for the setting of the quotas ( 1968-71 ), the
    Scandinavian exporters classified their exports of low coated board to the
    United Kingdom as uncoated board . It was therefore imported under United
    Kingdom tariff heading 48 . 01 . Thus the import statistics for uncoated
    board ( 48.01 ) were too high and those for coated board ( 48.07 ) too low .
    The Scandinavian exporters expected this classification to continue , but
                                                                            y
    the United Kingdom customs authorities later informed exporters that low
    coated board had to be entered under tariff heading 48-07 . This changed
    classification , which in fact is a rectification , requires an analoguous
    rectification of the statistics of the reference period and therefore of
    the duty-free quotas set out in Annex A to Protocol No . 1 .
3 . This correction would bring the quotas in line with the real flow of
    trade in the reference period and thus correspond to the intention
    with which the quotas were established .
4 « The attached draft exchanges of letters therefore propose to modify the
    United Kingdom duty-free quotas for coated and uncoated board contained
    in Annex A to Protocol No . 1 of the aforementioned Free Trade Agreement .
5 . The Finnish , Norwegian and Swedish authorities have expressed their agree
    ment with the procedure envisaged . It i's proposed that Mr. Duchateau sign
    on behalf of the Community. The Finnish , Norwegian and Swedish Ambassadors
    could sign on behalf of their governments .
6 , If the Council agrees to the proposed transfer from one duty free quota
    to another , the corresponding indicative ceilings provided for in Proto
    col No . 1 of the Agreements will have to be modified accordingly . A draft
    regulation to this end will be submitted to the Council separately .
 ---pagebreak---               RECOMMENDATION FOR A COUNCIL REGULATION
 concerning the conclusion of Agreements in the form of Exchanges of Letters
modifying certain duty-free quotas opened by the United Kingdom in accordance
with Protocol No 1 to the Agreements between the European Economic Community
and the Republic of Finland , the European Economic Community and the Kingdom
of Norway and the European Economic Community and the Kingdom of Sweden
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ,
                                                   *
Having regard to the Recommendation from the Commission ,
                             /
Whereas the Agreements between the European Economic Community and the Republic
of Finland ( l ), the European Economic Community and the Kingdom of Norway ( 2 )
and the European Economic Community and the Kingdom of Sweden ( 3 ) were signed
in Brussels on 5 October 1973 , 14 May 1973 and 22 July 1972 respectively ;
whereas certain duty-free quotas opened by the United Kingdom in accordance
with Protocol No 1 to these Agreements should be rectified and the agreements
in the form of Exchanges of Letters negotiated to this effect approved ,
HAS ADOPTED THIS REGULATION :
                                    Article 1
         The Agreements in the form of Exchanges of Letters modifying certain
duty-free quotas opened by the United Kingdom in accordance with Protocol No 1
to the Agreements between .the European Economic Community and the Republic
of Finland , the European Economic Community and the Kingdom of Norway and
the European Economic Community and the Kingdom of Sweden , are hereby approved
on behalf of the Community.
         The texts of the Agreements are annexed to this Regulation .
                                    Article 2
         The President of the Council is hereby authorized to designate the
person empowered to sign, the Agreements in order to bind the Community .
( lì OJ No L 328 , 28.11.1973 , p . 2
( 2 ) OJ No L 171 , 27.6.1973 - p * 2
( 3 ) OJ No L 300 , 31.12.1972 , p . 97
 ---pagebreak---                               Article 3
           »                                                  •
       This Regulation shall enter- 'into force on the third day following
its publication in the Official Journal of the European Communities .
       This Regulation shall be binding in its entirety and directly appli
cable in .all Member States .                               -      •
  '                     1   .    (      Done at Brussels ,
              '       '    '                 For the Council
                                              The President
 ---pagebreak---                                           Letter No 1
       Sir .
       According to Protocol Ho 1 to the Free Trade Agreement between the European
       Economic Community and the Republic of Finland sigried in Brussels on 5 October
       1973 » the United Kingdom has since January 1974 opened tariff quotas for un
       coated paperboard ( 48.01 ) as well as for coated paperboard ( 48.07 ). The per
       missible maxima for these quotas were fixed on the basis of statistics available
       for the period 1968– 71 .
       In the reference period for the setting of the quotas ( 1968–71 ), Finnish expor
       ters classified their exports of low-coated board to the United Kingdom as uncoated
       board . It was therefore imported under United Kingdom tariff heading 48.01 .
       Thus the import statistics for uncoated board ( 48 . 01 ) were too high and those
       for coated board ( 48 . 07 ) too low .
       When this error was discovered , the United Kingdom customs authorities required
       low coated board to be entered under tariff heading 48 . 07 . This changed classi
       fication , which in fact is a rectification , requires an analoguous rectification
       of the statistics of the reference period and therefore of the duty-free quotas
       set out in Annex A to Protocol No 1 .
       As the original quotas were established by increasing the average yearly trade
       figure for the period 1968-71 "by four times 5 % cumulative , the classification
       error chould ulno bo incroanod by four tirnco 5 (f° and "the amount be deducted from
       the 1974 quota for uncoated "board and added to the quota for coated board in
       Annex A to Protocol No 1 . The result would be the following :
       I. 48 . OI ex F other board
          A. Original quota 1974                                45*353 "t
          B. Classification error             '  5*716 t
          C. 4 x 5     of B.                     1.232 t
          D. Rectification                       6.948 t        -6.948 t
          E. New quota 1974                                     3§- 4°4==
     II . 48.07 C others than printing
          and writing paper
          A. Original quota 1974                                47«001 t
          B. Correction as I. D „ a^ove                         +6.948 t
          C. New quota 1974                                     51-949 £
His Excel lency
Mr . i£ke Wihtol
Head of the Finnish Mission to
the European Communities
Place Stephanie , 20
i r
 ---pagebreak--- I should "be grateful if you could confirm the agreement of the Finnish
Authorities with the proposed amendments to Annex A to Protocol No 1
 to the . Free Trade Agreement .
Please accept , . Sir , the assurance of my highest consideration.
                            ϊ                               -'ν ·
                                            On behalf of the Council
                                            of the European Communities
 ---pagebreak---                                  Letter No 2
 Sir
 I have the honour "to acknowledge receipt of your letter of today in which you
 informed me as follows :
 "According to Protocol No 1 to the Free Trade Agreement between the European
 Economic Community and the Republic of Finland signed in Brussels on 5 October
 1973 , the United Kingdom has since January 1974 opened tariff quotas for un
 coated paperboard ( 48 . 01 ) as well as for coated paperboard ( 48 . 07 ). The per
 missible maxima for these quotas were fixed on the basis of statistics available
 for the period 1968-71 .
 In the reference period for the setting of the quotas ( 1968-71 ), Finnish expor
 ters classified their exports of low–coated board to the United Kingdom as uncoated
 board . It was therefore imported under United Kingdom tariff heading 48 . 01 .
 Thus the import statistics for uncoated board ( 48 . Ol ) were too high and those
 for coated board ( 48 . 07 ) too low .
 When this error was discovered , the United Kingdom customs authorities required
 low coated board to be entered under tariff heading 48 . 07 . This changed classi
 fication , which in fact is a rectification , requires an analoguous rectification
 of the statistics of the reference period and therefore of the duty–free quotas
 set out in Annex A to Protocol No 1 .
 As the original quotas were established by increasing the average yearly trade
 figure for the period 1968-71          four times 5 cumulative , the classification
 error should also be increased by four times 5           the amount be deducted from
 the 1974 quota for uncos-ted board and added to the quota for coated board in
 Annex A to Protocol No 1 . The result would be the following :
 I. 48.OI ex K other board
      A. Original quota 1974                               45.353 t'
      B. Classification error               5.716 t
      C. 4 x 5 % of B.                      1.232 t
      D. Rectification                      6.948 t        - 6,948 t
      E. New quota 1974                                    33.404 t
II .. 48.07 C others than printing
      and writing paper
      A. Original quota 1974                               47.001 t
      B. Correction as I. D. above                         + 6.948 t
      C. New quota 1974
 ---pagebreak--- I have the honour to oonfiro the agreement of the Finnish Authorities
on the foregoing.                                   •: >
Please accept , Sir . the assurance of my highest consideration.
                                           For the Republic of Finland
 ---pagebreak---                                  L : tter No 1
        Sir .
        According to Protocol lie 1 to the Free Trade Agreement "between the European
        Economic Community and the Kingdom of Norway signed in Brussels on 14 May
        1973 , the United Kingdom has since January 1974 opened tariff quotas for un-
        conted paporboard (/]8.0l ) an well as for coated paperboard ( 48.07 ). The per
        missible maxima for these quotas were fixed on the basis of statistics available
        for the period 1968-71 .
        In the reference period for the setting of the quotas ( 1968–7l ), Norwegian ex
        porters classified their exports of low-coated board to the United Kingdom as
        uncoated board . It was therefore imported under United Kingdom tariff heading
        48«01 O Thus the import statistics for uncoated board ( 48 . 01 ) were too high and
        those for coated board ( 48 . 07 ) too low .
        When this error was discovered , the United Kingdom customs authorities required
        low coated board to be entered under tariff heading 48.07 . This changed classi
        fication , which in fact is a rectification , requires an analoguous rectification
        of the statistics of the reference period and therefore of the duty-free quotas
        set out in Annex A to Protocol No 1 .
        As the original quotas viere established by increasing the average yearly trade
        figure for the period 1958-71 by four times 5 i° cumulative , the classification
        error should also be increased by four times 5 and "the amount be deducted from
        the 1974 quota for uncoated board and added to the quota for coated board in
        Annex A to Protocol No 1 „ The result would be the following :
        I. 480 01 exP other board
             A. Original quota 19 / 4                                10.903 t
             B. Classification error             6.536 t
             C. 4 x 5 % of B.                    1.409 t
             D. Rectification                    7*945 "t            –7*945 "k
             E.' New quota 1974
       II . 48.07 C others than prin
             ting and writing paper
             A. Original quota 1974                                   5*988 t
             B. Correction as I. D. above                            +7*945 "t
             C. New quota 1974
        ( 1 ) including printing and writing paper                                  <•
His Excellency
I-'r . Sverre J. Gjellum
Head of the Norwegian Mission
to the European Communities
rue Archimède 17
1040       Bru s ça "! <3
 ---pagebreak--- I should; be grateful if you oould confirm the agreement of the Norwegian
Authorities with the proposed amendments to Annex A to Protocol No 1     '
to the Free Trade Agreement .                                          s
Please acoept , Sir , the assurance 6f my highest consideration .
                        ' - i  '          '      ~
                          ' ■                On behalf of the Council
                                            of the European Communities
 ---pagebreak---                               Letter No 2
 Sir
 I have the honour to acknowledge receipt of your letter of today in which you
 informed me as follows :
 "According to Protocol No 1 to the Free Trade Agreement between the European
 Economic Community and i;he Kingdom of Norway signed in Brussels on 14 Kay 1973 ,
 the United Kingdom has since January 1974 opened tariff quotas for uncoated
 paperboard ( 48 . 01 ) as well as for coated paperboard ( 48 . 07 ). The permissible
 maxima for these quotas were fixed on the basis of statistics available for the
 period 1968–71 .
 In the reference period for the setting of the quotas ( 1968-71 ), Norwegian ex
 porters classified their exports of low-coated board to the United Kingdom as
 uncoated board . It was therefore imported under United Kingdom tariff heading
 48.01 . Thus the import statistics for uncoated board ( 48 . 01 ) were too high and
 those for coated board ( 48.07) too low .
 When this error was discovered , the United Kingdom customs authorities required
 low coated board to be entered under tariff heading 48 . 07 . This changed classi
 fication , which in fact is a rectification , requires an analoguous rectification
 of the statistics of the reference period and therefore of the duty-free quotas
 set out in Annex A to Protocol No 1 .
 As the original quotas .were established by increasing the average yearly trade
 figure for the period 1$ 68-71 by four times 5 i° cumulative , the classification
 error should also be increased by four times 5 i°         the amount be deducted from
 the 1974 quota for uncoated board and added to the quota for coated board in
 Annex A to Protocol No 1 . The result would be the following :
 I. 48 . OI ex P other board
      A. Original quota 1974                                    10.903 "t
      B. . Classification error           6.536 t
      C. 4 x 5 % of B.                    1.409 t
      D. Rectification                    7.945 t               -7.945 t
      E. New quota 1974
II . 4o.07 C others than prin
      ting and writing pat>er
      A. Original quota 1574                                     5.988 t ^
      B.   Correction as L D. above
      C. New quota 1974                                         ^^ 933_t
 ( l ) including printing and writing paper
 ---pagebreak--- I have the honour to confirm the agreement of the Norwegian Authorities
on the foregoing.          _
                         »               .■   ' •      ,    '  - - '
Please accept , Sir , the assurance of my highest consideration .
                                        For the Kingdom of Norway
 ---pagebreak---                                          Letter No 1
        Sir ,
       According to Protocol No 1 to the Free Trade Agreement between the European
       Economic Community and the Kingdom of Sweden signed in Brussels on 22 July
        1972 , the United Kingdom has since January 1974 opened tariff quotas for un
        coated paperboard ( 48 . 01 ) as well as for coated paperboard ( 48 . 07 ) . The per
       missible maxima for these quotas were fixed on the basis of statistics available
       for the period 1968-71 .
       In the reference period for the setting 'of the quotas ( 1968-71 ), Swedish ex
       porters classified their exports of low–coated board to the United Kingdom
       as uncoated board . It was therefore imported under United Kingdom tariff hea
       ding 48.OI . Thus the import statistics for uncoated board ( 48 . 01 ) were too
       high and those for coated board ( 48.07 ) too low .
       When this error was discovered , the United Kingdom customs authorities required
       low coated board to be entered under tariff heading 48 . 07 . This changed classi
       fication , which in fact is a rectification , requires an analoguous rectification
                                                                                «
       of the statistics of the reference period and therefore of the duty-free quotas
       set out in Annex A to Protocol No 1 .
       As the original quotas were established by increasing the average yearly trade
       figure for the period 1968-71 by four times 5 i° cumulat ive , the classification
       error should also be increased by four times 5 %          "the amount be deducted from
       the 1974 quota for uncoated board and added to the quota for coated board in
       Annex A to Protocol No 1 . The result would be the following :
       I. 480 01 ex F other board
           A. Original quota 1S74                                  37 . 678 t
           1 *. Cltumlf loutlori orror           3..1ol t
           0. 4 x     % of B.                       746 t
           n , Kootlfioatl^il                    4.^07 t           – i.-VV t-
           E. New quota 1974                                       33^421^
      II . 48.07 G others than prin
           ting and writing paper
           A. Original quota 1974                                  34 - 998 t
           B. Correction as I.D «                                  +4^207 t
                abôve
           C. New quota 1974                                       39^20^1;
His Excellency
Kr . Bengt Rabaeus
Head of the Swedish Mission to
the European Communities
Rond Point Schuman 6
 ---pagebreak---                                                      - 2 -
         I should be grateful if you could confirm the agreement of the Swedish
         Authorities with the proposed amendments to Annex A to' Protocol No 1
         to the Free Trade Agreement .                    ,
         Please accept , Sir , th^ assurance of my highest consideration .
                                                                On "behalf of the Council
                          *                                   of the European Communities
  ,                                                                               /
               \ "      • '. .  •.      - '            w
                                   ' •'                   \                                 ..
                        /                               _                                      ~ '
                                                 .                      / '•          -
    ' . -N                                  >               '                , '
                                                   '                •           '       / ■
»                                             •-                                    _
 ---pagebreak---                                     Letter No 2
   Sir ,
   I hnvo the honour to acknowledge receipt of your letter of today in which you
   informed me as follows :
   "According to Protocol No 1 to the Free Trade Agreement between the European
  Economic Community and the Kingdom of Sweden signed in Brussels on 22 July
  1972 , the United Kingdom has since January 1974 opened tariff quotas for un-
           pHperl)o&r<1 (^, 01 ) as wall as for ooa,1;ad paparboard ( 48.07 ). The per
  missible maxima for i>hese quotas were fixed on the basis of statistics available
  for the period 1968-71#       -
  In the reference period for the Betting of the quotas ( 1968-71 ), Swedish ex
  porters classified their exports of low-coated board to the United Kingdom
  as uncoated board . It was therefore imported under United Kingdom tariff hea
  ding 48 . OI . Thus the import statistics for uncoated board (48 . 01 ) were too
  high and those for coated board. ( 48 . 07 ) "too low .
  When this error was discovered , the United Kingdom customs authorities required
  low coated board to be entered under tariff heading 48.07 . This changed classi
  fication , which in fact is a rectification , requires an analoguous rectification
  of the statistics of the reference period and therefore of the duty-free quotas
  set out in Annex A to Protocol No 1 .
, As the original quotas were established by increasing the average yearly trade
  figure for the period 1968-71 by four times 5 % cumulative , the classification
  error should also be increased by four times 5 $ and. the amount be deducted from
  the 1974 quota for uncoated board and added to the quota for coated board in
  Annex A to Protocol No lo The result would be the following :
  I. 48 . OI ex P other board         •                               .
      A. Original quota 1974        ,                            37 - 678 -t
      B. Classification error               3.461 t
      C. 4 x 5 $ of B.                        746 t
      D. Rectification                      4*207 t              –4.207 t -
      E. New quota 1974                                          33.471^
II . 48.07 C others than prin
      ting and writing paper      ~
      A. Original quota 1974                                     34»998 t
      B. Correction as I. D.                                     +4.207 "fc
          above
      C. New quota 1974                                          39.205_t'
 ---pagebreak---                                 - 2 -
I have the honour to confirm the- agreement of the Swedish Authorities
on the foregoing.
Please accept , Sir the assurance of my highest consideration.
                                     -    For the Kingdom of Sweden


RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE COMMISSION TO NEGOTIATE ON BEHALF OF THE COMMUNITY MEASURES CONCERNING BATHING WATER, SHELLFISH WATER, SHELLFISH INTENDED FOR HUMAN CONSUMPTION AND MERCURY IN MARINE PRODUCTS UNDER THE CONVENTION FOR THE PROTECTION OF THE MEDITERRANEAN SEA AGAINST POLLUTION


RECOMMENDATION FOR COUNCIL DECISION GIVING NOTIFICATION OF THE PROVISIONAL APPLICATION OF THE INTERNATIONAL AGREEMENT ON TROPICAL TIMBER 1983


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

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 941
Vol. 1974/0156
 ---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)941 final
                                                            Brussels. 27 June 1974
                          RECOMMENDATION FOR A COUNCIL DECISION"
              on the conclusion of an agreement "between the European Economic
         Community and the Republic of Cyprus for the supply of "butteroil as food aid
                       ( submitted to the Council "by the Commission )
COMC74 ) 941 final
 ---pagebreak---  THE COUNCIL OF THE EUROPEAN COMMUNITIES .
                                             «
                                                                          *
 Having regard . to the Treaty establishing the European Economic Community
 and in particular Articles 113 » 114 and 228 thereof ;
 Having regard to the proposal from the Commission ;          '
 Yftiereas the Council in Regulation ( EEC ) no . 530/74 of 4«3»1974 on the
 supply of butteroil as food aid decided to make       250 ' metric tons of
 butteroil available to the Republic of Cyprus .
HAS DECIDED :
                                Article   1
An Agreement between the European Economic Community and the
Republic of Cyprus for the supply of butteroil as food aid is hereby concluded
on behalf of the European Economic Community . The text of the Agreement is
annexed to this Decision .
                                Article   2
The President of the Council is authorized to designate the persons
empowered     to sign the Agreement and to confer on them the powers required
in order to bind the Community .
Done at Brus sel s ,
                                                    Por the Council
                                                     The Président
 ---pagebreak---                                    .   '    AGRKUÎIIEÎ7T
                               ESTIEEN THE EUROPE AIT ECOITOMIC COMJOJITITY
                                     AND THE REPUBLIC OP . . CYPRUS
                               OH THE SUPPLY OP FOOD AID 117 THE FORM OP
                                                  BUTTEROIL           ""   .
         *                   ?    ? •         ' '                              '
     .t                        .                   *                             •
., ;   . • , ■ : ■       ...                             *          • •      '
                                         • •.        • v       *         • .
                       *  •                                      ,       c
                     *                                     » r    ^
                   . •#
 ---pagebreak--- TIIE C0U1TCIL OP TIIE EUROPEATT COLïïIUNITIES ,
                           .       ...           on thc one hand ,
                  • *
THE GOVER1J13E1IT OP THE REPUBLIC OP CYPRUS , •.
                                                 on *thc othor hana ,
HAViU DECIDED to concluded this Agreement and to this end have
                                      \
dosignated as their plenipotentiarios :
THE COUNCIL OP THE EUROPEAN C0KI-5UHITIES :
                                                          #   *
THE GOVERinElTT OP THE REPUBLIC OP CYPRUS :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                       AÏÏTICJE I
The European Economic Community shall supply "by way of gift to the Republic
 of Cyprus' (hereafter referred to as " the. recipient country") a quantity of
 250* tolls bf" butteroil . The quality and. packaging conditions are specified in
Annex I which forms an integral part of the present Agreement .
                                     ARTICJE II
Deliveries shall be effected \inder the arrangements provided in Annex- II V.'hich
forms an integral part of the present Agreement .
     <*   . –
                   . . "            AftTICLliï III
The recipient country undertakes to make all necessary arrangements for the
transport and insurance of the products from point of delivery to places of
destination .                                            .                    .      '
It undertakes to exercise the greatest care to ensure that the tendering arran
gements for sea transport do not prejudice the free play of fair competition .
Any problems arising in this connection shall be the' subject of consultations
under Article VIII of the present Agreement .
                             *
                                  • AKTICIE IV
                                    1    1       ■
                                                                                "
The recipient country undertakes to use the product received as aid for pur
poses of consumption and to apply , for the sale of the product on its market ,
the prices normally charged on that market for products of comparable quality.
The proceeds from this sale shall be paid into a special account with the
Central Bank and allocated to the financing of one or more development projects
under arrangements which have been agreed in advance between the recipient
country and the 'European Economic Community.
 ---pagebreak---                                                                        '  , /
                                         ARTICLE V
    The Contracting Parties undertake to implement this Agreement in such a way
• as to avoid any prejudice to the normal structure of national production
    and international trade . To this end they shall take any measures required
    to ensure that supplies as aid are in addition to and do not replace "business
    transactions which might reasonably "be expected in the absence of such supplier .
               •                     • |                     . •
                                         JURTÏCH3 VI
    The recipient country shall take all steps required to prevent :
    ( i ) the re-export of the product received as aid and also of any products
           resulting therefrom ;
 ' ( ii ) the export , commercially or othervri.se , within a period of six months
            commencing from the final delivery , either of any product procured
            locally of the same nature as that received as aid , or of any products
            resulting therefrom .
                                       ' ARTICLE VII                ,               •  ••
    The . recipient country undertakes to inform the EEC of how this Agreement
    is implemented . To this end it shall provide the Commission of the . European
    Communities with the following details :
    ( i ) Immediately after the unloading of each cargo : ports and dates of
           arrival of vessel ; nature , quantity and any observations as to the
           Quality of the prodxicts unloaded ; date on which unloading was completed ;
         . costs of sea transport and of insurance relating thereto ;
  • (ii ) Every three months until the quantities received as aid have been fully
            used : quantities soldj manner of sale;actual selling prices jnornal eellisj
       • costs on the recipient country 's market ; costs of insurance ( and of trans
           port if applicable ) from the port of unloading to the places of destina
         tion;
    (iii ) On 15 January every year until the special account has been fully
            expended :                               . , • .
            a) Summary of the account ( incomings and outgoings ) to 31 December of
                 the previous year ;
            b) Stage of- progress of the project or projects , indicating the total
                 resources expended to that stage .,                              .
 ---pagebreak---                                ARTICLE VIII
The Contracting Parties shall at the request of cither consult each otier
on any questions concerning the implementation of this Agreement .
                 4             .         ■     •                   •
                                                                      *
    •          '         .       •
          •  ■     '            ■ATÎTICLE IX                 ■
This Agreement is drawn up in duplicate in the Danish , Dutchf English , Frenci ,
German and Italian languages , each of these texts having ecjual force .
 ---pagebreak---                                                                                AîflîKX 3.
                                                                                i
                                                HJTTEROITJ
           I. OtJALT.TY
               ( A) Produci eh araci, eri nt i c s :•                    .    •
                      Conccn tralcd mille fats containine noi less thaï. 99-07» of pure fats ;
               (33) St fmdard c.ornpor.it. ion :
                      (Analysis made at 'time of manufacture and packing)
          • .         - Moisture and non-fat rnilk substances-not more than 0.2#
                      - Fats - not less than 99«9 /°
                      - Free fatty acids ~ not more- than 0.5# (expressed as oleic acid)
                      - Peroxide level/kg - not more than 1 unit ( in milli-equivalents of
                          active oxygen per kg)
                       - Taste - pure
                       – Smell – absence of smell extraneous to "butteroil
            II. C0Î7DITI01TS OF PACTCAGI1TG
                  a) Metal cans of 20 kg - 1 can per carton.
              • t>) Marked the . packaging in English , :
                     / 33UTTEHOIL
                   '   GIFT OF THE EUROPEA- '-ECONOMIC COKMUiTITY
                       •TO THE REPUBLIC OF -CYPRUS
S   •
f •
V     - '
 ---pagebreak---                                                                 SJU1EX II
                              General  provisions
                                    Article 1
   Delivery shall be effected and risks shall pass from the European Economic
   Community, hereinafter referred to as the EEC , to the recipient country at
   the moment at which the . goods are put down at the point of exportation
   named by the Commission of the European Communities at the berth specified
  by the recipient country or its agent referred to in Article 2 ^ and under the
   terms specified in the following articles . Without prejudice to Article 7
   8 the EEC shall bear all costs up to delivery and the recipient covin try those
  beyond such delivery .
                                   Article 2
  The EEC shall appoint an agent to implement the provisions of the present
  Annex- or for eabh consignment- whose name end address it shall make known
  to the recipient country immediately following his appointment .
  The recipient country shall appoint an agent in the port or ports of shipment ,
  whose name and address it shall make known to the ESC with all despatch and
  if possible before the appointment of agent of the EEC .
                                  Article 3
 Before implementing the procedures for appointing the agent of the EEC
 referred to in Article 2 , the Commission of the European Communities and
 the recipient country shall jointly establish the period during which deli
 very must begin .
                       Obligations of the European Economic Community
                                  Article 4
Should the EEC not be in a position to carry out delivery on the date and ( if
applicable) at th© schedule as provided in Article 6 f all costs
arising for the recipient country- for example demurrage void freight and
dead freight- shall be borne by the ES}
                                                              /
 ---pagebreak--- The charges and the arrangements relating to demurrage laid down in the
 contract between the recipient country and the carrier must }lave ^een o-Srce(^
 in advance by the recipient country and the agent of the EEC .
The other costs referred to in tho first paragraph shall only "be refunded
by the EEC if they have been paid by the recipient country with the approval
 of the EEC .
                               Article 5
 Should it prove impossible for the EEC to supply all or part of the goods
 on the date and within the time-limits provided for in Article 6 and without
 prejudice to the provisions of Article 4 | a new date and a new time-limit
 shall be agreed between the agents of the EEC and of the recipient country
 for the delivery of all the goods or of the undelivered part thereof .
                       Obligations of the recipient coimtry
                               Artic-le 6
 After contacting the EEC , the recipient country shall procure one or more vessel
 to transport all the quantities provided for in Article 1 of the Agreement , O J.
 dimensions corresponding to the normal capacity of the port of shipment ; these
vessels must be ready for loading on a date falling within the period referred
 to in Article 3 «
 The agent of the recipient country shall inform the EEC of this date
 immediately on learning it , and also that for commencement of delivery ,
 if possible twenty days in advance and in any case ten days before the date
for commencement of delivery .
He shall establish with the agent of the EEC the schedule on which delivery sha>
"take place .
 ---pagebreak---                               Article 7
  Should the recipient country bo unable to "begin loading on tho date provide
 for in Article 6, paragraph 1 , the rgent of the recipient country shall in-        j
 form the agent of the EEC without delay.                                             I
 In this event a new date for the commencement of delivery and (if applicable) a ne .
 schedule ' may . "bo agreed between the agents of the EEC and of the recipient
 country. The costs arising from this delay shall in all cases except force            [
                                                                                !
 majeure be borne by the recipient country.                                             j!
                                  >•                                                     !
 Should the new date provided for in paragraph 2 "be more than 30 clear days             ^
 after the date for loading provided for in Article 6, paragraph 1 , the EEC             j
 mayctdispose of the goods without prejudice to its commitment under Article 1            ;
 of this Agreement .                                     .                                 ;
                                                                                |
     '
                                                                                iI
                             Article 8
 If the quantity made available for loading on a vessel cannot be put on
 board in its entirety , the recipient country shall inform the EEC as soon
 as possible and no later than fifteen clear days after loading has been
 completed whether it intends to accept or to renounce the balance .
In the former case the provisions of Article 7t paragraphs 2 and 3 , shall
 apply to the balance , if delivery has not yet taken place .
       «
In the latter case the EEC may consider that it has discharged its commitment
to the recipient country under Article 1 of this Agreement and shall bear
the costs resulting from such renunciation.
In any event after the expiry of an interval of fifteen clear days and in
the absence of any notice on the part of the recipient country , the renun
ciation shall be deemed to have taken place .
                              Articlo 9
Upon delivery of the goods , the recipient country shall hand to the agent of
the EEC a certificate of acceptance stating the port of shipment , date of
acceptance , the nature and quantity of the goods accepted and including
any comments on the quality of the goods .


title: RECOMMENDATION FOR A COUNCIL DECISION concluding the agreement between the European Economic Community and the Arab Republic of Egypt on the supply of skimmed milk powder as food aid. (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 664
Vol. 1973/0133
 ---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 CI1 THE EUROPEAN COMMUNITIES
                                                             COM(73 ) 664 final
                                                      Brussels . 4      1973
                        RECOMMENDATION FOR A COUNCIL DECISION
           concluding the agreement between the European Economic Community
           and the Arab Republic of Egypt on the supply of skimmed milk
           powder as food aid.
                    ( submitted to the Council "by the Commission)
                                               )•      •              ■
  COM( 73 ) 664 final
 ---pagebreak---      RSCOSMTDÙTXOIT FOR A CGUÏÏCIL E3CISI0Ë
concluding the agreement between the European
Economic Community and the Arab Republic of Egypt
on the supply of skimmed milk powder as food aid
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMtWITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Articles 113 , 114 and 228 thereof ,
Having regard to the recommendation from the Commission ,
Whereas the Council in Regulation (EEC ) HO . 2721/72 (l ) on the supply of
skimmed milk powder as food aid decided to make 2000 metric tons of skimmed
milk powder available to the Arab Republic of Egypt ,
HAS DECIDEDt
                                       Article 1
In agreement between the European Economic Community and the Arab Republic of
Egypt on the supply of skimmed milk powder as food aid is hereby concluded on
behalf of the European Economic Community . The text of the Agreement is annexed
to this Decision .
                                       Article 2
The President of the Council is authorized to designate the persons empowered
to sign the Agreement and to confer on them the powers required in order to
bind the Community .
Done at Brussels ,             ■ 19 ....                        For the Council
                                                                 The President
 (1 ) OJ No . L 291 , 28 December 1972 , p . 28 .
 ---pagebreak---                AGREEMEHT
BETWEEN THE EUROPEAN ECOITOMIC COMMUNITY
                  A1ÏÏJ
        THE ARAB REPUBLIC OP EGYPT
   OU THE SUPPLY OF SKIMMED MILK POWDER
              AS FOOD AID
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                           on the one part .
THE GOVERNIIENT OF THE ARAB REPUBLIC OF EGYPT ,
                                                           on the other part ,
HAVE DECIDED to conclude this Agreement , ancl-for this purp&se- have named as
plenipotentiaries :               ....
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OP THE ARAB REPUBLIC OF EGYPT :
WHO HAVE AGREED AS FOLLOWS :  '                                  '
 ---pagebreak---                                  Article  1
The European Economic Goiraunity shall supply free to the Arc.b iieputlic of
Egypt , hereinafter referred to as "recipient country ", 2000 metric tons of
skimmed milk powder of the quality , and packaged as specified in Annex I ,
which form an integral part of this Agreement .
                                 Article  2
The deliveries shall he made cif to ports of unloading in the recipient
country .
                                 Article  3
The duties and obligations of the European Economic Community and of the
recipient country , in particular as regards delivery and acceptance , are
defines in Annex II , which forms an integral part of this Agreement ,
                                 Article  4
The recipient country undertakes to make all the neoessary arrangements for
the transport and insurance of the deliveries from the ports of unloading to
their destinations .
                                 Article  5
The recipient country undertakes to use the product recieved as aid for human
consumption and to distribute it free to the refugee populations .
 ---pagebreak---                                      Article 6
The contracting parties undertake to so implement this Agreement as to avoid
any damage to the normal structure of national production and international
trade . For this purpose , they shall take the neoessary staps to ensure that
the supplies of aid are additional to and are not in lieu of trading operation©
which could reasonably "be expected in the absence of such supplies .
                                     Article 7
The recipient country shall take the appropriate steps to prevent :
- reexport of the product received as aid and any products derived therefrom }
- the export for trade or otherwise , within six months from the date of the
  last delivery , both of locally-produced skimmed milk powder of the same kind
  as that received as aid and of processed products derived therefrom .
                                     Article 8
The recipient country undertakes to inform the European Economic Community
of the circumstances surrounding the implementation of this Agreement . For this
purpose , it shall communicate to the Commission of the European Communities the
following information :
- thirty days at the latest after the unloading of each consignments port and
  date of ship 's arrival ; kind , quantity and quality of products unloaded ; date
  on which unloading was completed ;
- every three months until the quantities received as aid have been used up :
   quantities distributed , number and nature of the beneficiaries , places , rate
   and manner of distribution .
 ---pagebreak--- The recipient country shall take all appropriate steps to enable those persons
duly authorized "by the European Economic Community to make on the spot obser
vations of the operations connected with the implementation of the Agreement .-
    \
                                    Article 10
At the request of either party , the contracting parties shall consult one another
on all questions concerning the application of this Agreement .
                                    Article 11
This Agreement is drawn up in two copies in the Danish , Butch , English , French ,
German and Italian languages , these texts being equally authentic .
 ---pagebreak---                                                             ANNEX I
                                   SKIMMFD MILK POWDER
Quality requirements
(a ) fat content                           not exceeding 1.5 p
(b ) water content                         not exceeding 4»0 %
(c ) total acidity (lactic acid)           not exceeding 0.15    (lS° Dornic )
(d ) test for neutralizing agents          negative
(e ) permitted additives                   none
(f ) test for phosphatasis                 negative
(g ) solubility                            not exceeding 0.5 ml (not less than 99 %)
(h)  degree of purity                      not less than disc 3 (l5«0 nig )
(k ) germ content                          not exceeding 50 000 per gr
(k ) strength of colon bacillus            negative in 0.1 gr
(l ) flavour and smell                     fresh
(m ) appearance                            white or slightly yellowish , absence of
                                           impurities and coloured particles
Packaging
(a ) containing 25 kilogrammes net weight
(b ) composition :
                                                                               2
     (aa ) 4 Kraft paper "bags of a strength representing at least 70 g per m ;
           1 intercalated "bag of tar-lined paper of a strength representing at
             least I40 g per m^j
           1 polyethylene inner bag at least 0.06 mm thick , welded or double-boundj
or (bb ) 1 bag of clubpack-poly-duplo-paper of a strength representing at least
             50/20/50 g per m2j                                                  >
                                                                                2
           2 Kraft paper bags of a strength representing at least 70/75 S per m 5
           1 polyethylene inner bag at least 0.10 mm thick , welded or doubl abound.
(c ) marking on the packaging, in English !
     SKIMMED MILK POWDER
     GIFT GF THE EUROPEAN ECONOMIC COMMUNITY TO THE ARAB REPUBLIC OP EGYPT
 ---pagebreak---                                                                 MTTEX II
                        ANNEX TO ARTICLE III OF THE AQHEEKETIT
                                    Article  1
Delivery shall be completed and the risks shall pass from the European Economic
Community to the recipient country as soon as the goods are actually taken in
charge in the ship 's hold at the port of unloading.
The recipient country shall bear all costs subsequent to delivery of the goods ,
including the costs of unloading (breaking bulk , hoisting, taking delivery , fox
example ) as well as any lighterage costs .
Any demurrage costs or dispatch money at the port of unloading shall , as the
case may be , be borne by or paid to the recipient country. The rates and
conditions of payment applying to any contract between the Community agent
referred to in Article 4 and- the carrier must have been prviously agreed
between that agent and the receiving country 's agent referred to in the same
Article .
                                    Article  2
The European Economic Community shall forward to the recipient country , as
soon as possible after the goods have been shipped , a notice giving the name
of the ship , the date of loading, the quantity and quality of the goods on
loading and the port of unloading.
                                    Article  3
The European Community shall inform the recipient country of the ship 's
presumed date of arrival at the port of unloading at least ten clear days
before that date .
The European Economic Community shall cause to be inserted in the charter-
party an undertaking by the captain to give to the recipient country at
least 72 hours' notice of the probable date of the ship 's arrival in the
port .
 ---pagebreak---                                                  \
                                    Article   4
The European Economic Community shall .appoint an agent to implement the
provisions of this Annex , and shall , in good time , forward the latter' s
name and address to the recipient country.
The recipient country shall appoint an agent in each port of unloading ,
and shall forward the latter' s name and address to the European Econoraic
Community prior to implementation of the Agreement .


RECOMMENDATION FOR A COUNCIL DECISION CONCERNING THE CONCLUSION OF A PROTOCOL TO THE COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE ARAB REPUBLIC OF EGYPT CONSEQUENT ON THE ACCESSION TO THE COMMUNITY OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC


               EUROPEAN COMMISSION
            Brussels, 21.4.2015
            COM(2015) 166 final
            Recommendation for a
            COUNCIL DECISION
            designating the European Capitals of Culture for the year 2019 in Bulgaria and Italy

               EXPLANATORY MEMORANDUM

               Decision No1622/2006/EC of the European Parliament and of 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. Bulgaria and Itay are entitled to host the event in 2019.

               The nomination for the European Capitals of Culture for the year 2019 in Bulgaria and in Italy is submitted to the following process.

               A call for submissions of applications is published by each of the Member States concerned no later than six years before the event. A selection panel composed of 13 independent experts in the cultural sector is convened for a pre-selection meeting no later than five years before the event. It assesses the applications received against the criteria laid down in article 4 of Decision No1622/2006/EC and agrees on a short-list of candidate cities which have to be considered further after completing their application.

               Each of the Member States concerned convenes the panel for a final selection meeting nine months after the pre-selection meeting. After an extensive evaluation of the pre-selected cities based on the criteria laid down for the action, the panel recommends one city for the title in each of the Member States concerned.

               On the basis of these recommendations, each Member State nominates one city to be European Capital of Culture and notifies the European Parliament, the Council, the Commission and the Committee of the Regions no later than four years before the event in question is due to begin.

               The European Parliament may forward an opinion to the Commission no later than 3 months after receipt of the nominations.

               The Council, acting on a recommendation from the Commission, officially designates the cities in question for the year for which they have been nominated.

               After completion of the two-round competition described above, the panel recommended that Plovdiv (Bulgaria) and Matera (Italy) host the event in 2019 in its respective reports dated October 2014 and November 2014. Bulgaria and Italy notified their nominations to the European Parliament, the Council, the Commission and the Committee of the Regions respectively in December 2014 and February 2015.

               The European Parliament forwarded its positive opinion to the Commission in March 2015.

               Consequently, the Commission, in accordance with Article 9.3 of Decision No1622/2006/EC submits to the Council the appended recommendation for the official designation of Plovdiv and Matera for the 2019 European Capitals of Culture event respectively in Bulgaria and Italy.

               Recommendation for a

               COUNCIL DECISION

               designating the European Capitals of Culture for the year 2019 in Bulgaria and Italy

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the functioning of the European Union,

               Having regard to Decision No1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019
                  2
               , and in particular Article 9(3) thereof,

               Having regard to the recommendation from the European Commission,

               Having regard to the Selection Panel reports of October and November 2014 regarding the selection process of the European Capitals of Culture in Bulgaria and Italy,

               Whereas :

               Considering that the criteria referred to in Article 4 of Decision No1622/2006/EC are entirely fulfilled,

               HAS ADOPTED THIS DECISION:

               Article 1

               Plovdiv and Matera are designated as “European Capitals of Culture 2019” respectively in Bulgaria and Italy.

               Article 2

               This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

               Done at Brussels,

                     For the Council

                     The 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 CONCERNING THE CONCLUSION OF A PROTOCOL RENEWING THE COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THAILAND ON MANIOC PRODUCTION, MARKETING AND TRADE


               EUROPEAN COMMISSION
            Brussels, 27.7.2016
            COM(2016) 518 final
            Recommendation for a
            COUNCIL DECISION
            giving notice to Spain to take measures for the deficit reduction judged necessary in order to remedy the situation of excessive deficit
            {SWD(2016) 263 final}

               Recommendation for a

               COUNCIL DECISION

               giving notice to Spain to take measures for the deficit reduction judged necessary in order to remedy the situation of excessive deficit

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 126(9) thereof,

               Having regard to the recommendation from the European Commission,

               Whereas:

               (1)According to Article 126 of the Treaty on the Functioning of the European Union (TFEU), Member States shall avoid excessive government deficits.

               (2)The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation. The Stability and Growth Pact includes Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure
                  1
               , which was adopted in order to further the prompt correction of excessive general government deficits.

               (3)On 27 April 2009, the Council decided, in accordance with Article 104(6) of the Treaty establishing the European Community (TEC) that an excessive deficit existed in Spain and issued a recommendation to correct the excessive deficit by 2012 at the latest, in accordance with Article 104(7) of that Treaty. Since then, the Council has issued three new recommendations to Spain (on 2 December 2009, 10 July 2012 and 21 June 2013) on the basis of Article 126(7) TFEU, which extended the deadline for correcting the excessive deficit to 2013, 2014 and 2016 respectively. In all three recommendations, the Council considered that Spain had taken effective action, but unexpected adverse economic events with major unfavourable consequences for government finances had occurred
                  2
               .

                (4)According to the provisions of Article 126(8) of the Treaty, the Council decided on 12 July 2016 that Spain did not take effective action in response to the Council Recommendation of 21 June 2013.

               (5)According to Article 10(2) of Regulation (EC) No 1467/97, if action by a participating Member State is not being implemented or, in the Council's view, is proving to be inadequate, the Council shall immediately take a decision under Article 126(9) of the Treaty.

               (6)
                     The Commission has updated its 2016 spring forecast with information available until 19 July 2016. On this basis, the real GDP growth forecast for 2016 has been revised upwards by 0.3 percentage points in comparison to the spring forecast, to 2.9%, and downwards for 2017 (2.3% vs. 2.5% in spring). For 2018, real GDP is forecast to grow by 2.1%. This compares to growth of 3.2% in 2015. Economic growth is therefore set to ease but to remain robust, still benefitting from reforms undertaken in response to the crisis and the successful completion of the financial assistance programme. The recovery continues to be accompanied by strong job creation, in a context of continued wage moderation and benefitting from the labour market reforms. Low oil prices also support growth. At the same time, inflation is expected to be −0.3% in 2016. There are, however, downside risks to the growth forecast, especially as from 2017, related among others, to the outcome of the referendum in the United Kingdom on the membership of the European Union, which has increased uncertainty, with potential negative implications for trade and domestic demand.

               (7)According to the updated Commission 2016 spring forecast, the general government deficit is expected to narrow to 4.6% of GDP in 2016, 3.3% of GDP in 2017 and 2.7% of GDP in 2018 (compared to Stability Programme targets of 3.6%, 2.9% and 2.2% of GDP in 2016, 2017 and 2018, respectively and a projected deficit outcome of 3.9% of GDP in 2016 and 3.1% of GDP in 2017 in the spring forecast). The higher deficit forecast is due partly to the fact that the updated Commission forecast takes on board a lower amount of measures to contain expenditure at central and regional government level in response to the March 2016 Commission Recommendation (0.2% of GDP) than the Stability Programme forecast (0.4% of GDP) on account that some of these measures have not yet been sufficiently specified to be included in the Commission forecast on the basis of the usual no-policy-change assumption. However, most of the difference stems from changes made to the corporate income tax legal framework, leading to lower advanced payments by companies ('pagos fraccionados') in 2016. The shortfalls in advanced payments were not quantified in the Stability Programme and only became apparent in April, at the time of the first instalment, after the cut-off date of the spring forecast. The updated Commission 2016 spring forecast estimates these shortfalls at 0.5% of GDP in 2016. As the abovementioned changes create a permanent delay in the payment of taxes, but not to a change in the tax rate or tax base, they would not affect revenue from corporate income taxes in a new steady state (starting in 2017). They result in a temporary loss of tax collection in 2016, which has been treated as a one-off in the updated spring forecast. For 2017, the differences between the updated spring forecast and the Stability Programme stem from the worse-than-expected starting position and the fact that the savings measures taken in response to the March 2016 Commission Recommendation are not yet sufficiently specified to be taken into account on the basis of the usual no-policy-change assumption. The structural deficit is expected to increase by 0.4% and 0.1% of GDP in 2016 and 2017, respectively, and to remain unchanged in 2018. However, in 2016, the projected increase of the structural deficit is partly driven by the fact that the current outlook for inflation and nominal GDP growth is lower than the one underpinning the 2016 budget, which adversely affected structural government revenue while not allowing to adjust expenditure.

               (8)The general government gross debt-to-GDP ratio rose from 36% in 2007 to about 99% in 2014. In 2015, the debt ratio was more or less stable, as net sales of financial assets offset the negative impact of the deficit growing faster than nominal GDP growth. According to the updated Commission 2016 spring forecast, the debt ratio is expected to peak at 100.6% of GDP in 2017, whereas the spring forecast projected the debt to peak at 100.3% of GDP in 2016. Although Spain does not appear to face immediate risks of fiscal stress arising from this high debt ratio, debt-sustainability risks will significantly increase in the medium term if the budgetary position is not improved. In the longer term, risks to fiscal sustainability are set to be reduced thanks to the positive impact of reductions in age-related expenditure
                  3
               .

               (9)According to Article 5 of Regulation (EC) No 1467/97, in the Council decision to give notice to take measures for the deficit reduction in accordance with Article 126(9) of the Treaty, the Council shall request that the Member State achieve annual budgetary targets which, on the basis of the forecast underpinning the notice, are consistent with a minimum annual improvement of at least 0.5% of GDP as a benchmark, in its cyclically adjusted balance net of one-off and temporary measures. However, the fact that this Council decision to give notice is adopted in the second half of the year amplifies the fiscal effort needed to achieve a given annual improvement of the structural balance. It is also important to bear in mind that the baseline scenario for the new adjustment path starts with a deterioration of 0.4% of GDP of the structural deficit, which is at least in part the result of the inflation turning out lower than projected in the scenario underpinning the 2016 budget – an event that is largely outside the control of the government. Taking this into account, it appears appropriate not to request further structural measures in 2016.

               (10)Considering that no further structural measures should be requested in 2016, granting Spain one additional year for the correction of its excessive deficit, which is the rule according to Council Regulation (EC) No 1467/97, would require an annual improvement of the structural balance in 2017 which would have a too negative impact on growth. Therefore, it seems adequate to extend the deadline for Spain to bring an end to its excessive deficit situation by two years.

               (11)Therefore, a credible and sustainable adjustment path would require Spain to reach a general government deficit of 4.6%, 3.1% and 2.2% of GDP in 2016, 2017 and 2018, respectively, which is consistent with a deterioration of the structural balance of 0.4% of GDP in 2016 and a 0.5% of GDP improvement in both 2017 and 2018. These budgetary targets also take into account the need to compensate for second-round effects of fiscal consolidation on public finances, through its impact on the wider economy.

               (12)In order to reach those targets, further structural measures with an estimated impact of 0.5% of GDP in both 2017 and 2018, are considered necessary. Savings for 2017 and 2018 could among others include the reduction of the number and scope of tax expenditures, in particular the reduced VAT rates, in order to achieve the required structural effort.

               (13)In addition, strict enforcement at all government levels of the preventive and corrective mechanisms provided for in Spain's Stability Law could be conducive to a timely and durable correction of the excessive deficit. This could be achieved through greater automaticity in their implementation. Moreover, the contribution of the Stability Law's spending rule to the sustainability of public finances could be enhanced by further clarifying the coverage and definition of the spending categories needed for its computation and by explicitly calling on the non-compliant public administrations to make up for spending slippages in the year following their occurrence.

               (14)Spain should also pay due attention to the qualitative aspects of public finances, including its public procurement policy. The number of wrongdoings having an impact on the application of EU public procurement legislation brought to the Commission’s attention in recent years has been significant. The data show that there are disparities in the implementation of public procurement across contracting authorities and entities and that insufficient ex-ante and ex-post control mechanisms hinder the correct and uniform application of public procurement legislation. Spain stands out for a low publication rate of contract notices and a relatively high use of the negotiated procedure without prior publication compared with other Member States. This translates into limited competition from undertakings from other EU countries and frequently, into direct awards, with implications in terms of higher general government expenditure. The limited use of centralised or joint procurement instruments prevents efficiency gains which would contribute to fiscal savings. The absence of an independent body in charge of ensuring efficiency and legal compliance in public procurement throughout the country hampers the proper implementation of procurement rules and may create opportunities for wrongdoings, both of which have negative impacts on the situation of Spain's public finances.

               (15)To facilitate the success of the fiscal consolidation strategy, it will also be important to back the fiscal consolidation by comprehensive structural reforms, in line with the Council recommendations addressed to Spain in the context of the 2016 European Semester and in particular those related to the correction of its macroeconomic imbalances.

               (16)According to Article 126(9) of the Treaty, the Council may, as part of its decision to give notice under this Article, request the Member State concerned to submit reports on the adjustment effort in accordance with a specific timetable. According to Article 5(1a) of Regulation (EC) No. 1467/97, the Member State report shall include the targets for government expenditure and revenue and specify the fiscal policy measures on both the expenditure and the revenue side, as well as information on the policy actions being taken in response to the specific Council decisions. In order to facilitate the monitoring of the deadline for compliance with the recommendations contained in this notice, as well as the deadline for correction of the excessive deficit, Spain is requested to submit such a report by 15 October 2016, in parallel with its 2017 Draft Budgetary Plan.

               (17)Spain should also report to the Commission and the Economic and Financial Committee as required under Article 10 of Council Regulation (EU) No 473/2013 in accordance with the specifications laid down in Commission Delegated Regulation (EU) No 877/2013. The report should be submitted for the first time by 15 January 2017 and on a three-monthly basis thereafter.

               HAS ADOPTED THIS DECISION:

               Article 1

               1.Spain shall put an end to the present excessive deficit situation by 2018.

               2.Spain shall reduce the general government deficit to 4.6% of GDP in 2016, to 3.1% of GDP in 2017 and to 2.2% of GDP in 2018. This improvement in the general government deficit is consistent with a deterioration of the structural balance by 0.4% of GDP in 2016 and a 0.5% of GDP improvement in both 2017 and 2018, based on the updated Commission 2016 spring forecast. Spain shall also use all windfall gains to accerelate the deficit and debt reduction.

               3.In addition to the savings already included in the updated Commission 2016 spring forecast, Spain shall adopt and fully implement consolidation measures for the amount of 0.5% of GDP in both 2017 and 2018.

               4.Spain shall stand ready to adopt further measures should risks to the budgetary plans materialise. Fiscal consolidation measures shall secure a lasting improvement in the general government structural balance in a growth-friendly manner.

               5.Spain shall adopt measures to strengthen its fiscal framework, in particular with a view to increasing the automaticity of mechanisms to prevent and correct deviations from the deficit, debt and expenditure targets and to strengthening the contribution of the Stability Law's spending rule to public finance sustainability.

               6.Spain shall set up a consistent framework to ensure transparency and coordination of public procurement policy across all contracting authorities and entities with a view to guaranteeing economic efficiency and a high level of competition. Such framework shall include appropriate ex-ante and ex-post control mechanisms for public procurement to ensure efficiency and legal compliance.

               Article 2

               The Council establishes the deadline of 15 October 2016 for Spain to take effective action and, in accordance with Article 5(1a) of Regulation (EC) No 1467/97, to submit a report to the Council and the Commission on action taken in response to the Council notice. The report shall include the targets for government expenditure and revenue and specify the discretionary measures on both the expenditure and the revenue side, as well as information on the actions being taken in response to the specific Council recommendations to strengthen its fiscal framework and its public procurement policy framework in accordance with paragraphs 5 and 6 of Article 1.

               Article 3

               This Decision is addressed to the Kingdom of Spain.

               Done at Brussels,

                     For the Council

                     The President

                     (1)
                  OJ L 209, 2.8.1997, p. 6.

                     (2)
                  All documents related to the excessive deficit procedure of Spain can be found at:

                     http://ec.europa.eu/economy_finance/economic_governance/sgp/deficit/countries/spain_en.htm

                   .

                     (3)
                  European Commission (2016), "Fiscal Sustainability Report 2015", European Economy, Institutional Paper No. 018.


RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE COMMISSION TO PROPOSE AN AMENDMENT TO THE UNITED NATIONS CONVENTION ON A CODE OF CONDUCT FOR LINER CONFERENCES WITH A VIEW TO MAKING IT POSSIBLE FOR THE COMMUNITY TO ACCEDE TO THE CONVENTION