title: RECOMMENDATION FOR REGULATION (EEC) OF THE COUNCIL concluding the Agreement in the form of an exchange of Letters amending the English version of Table II of Protocol No 2 to the Agreement between the European Community and the Swiss Confederation (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 460
Vol. 1976/0139
 ---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(76)460 final
                                                  Brussels . 8 September 1976
                                                    A '
                       Ν
            RECOMMENDATION FOR REGULATION ( EEC ) OF T HE COUNCIL
         concluding the Agreement in the' form of an exchange of
         Letters amending the English version of Table II of
                                  /
         Protocol No 2 to the Agreement between the European
         Community and the Swiss Confederation
              ■      ■        .       .    : ■              ■
                ( submitted to the Council by the Commission )
                                         s
                  /
 C0M(76 ) 460 final
 ---pagebreak---                         Commission Communication to the Council
                                                                              !
Amendment of the English version of Table II of Protocol No 2 to the          j
Agreement between the European Economic Community and the Swiss Con-           j
federation .                        ■   '                                      i
                                                                               !
                                                                               ?
                                                                               I
1 . The Office of the Permanent Representative of the United Kingdom has       j
    drawn the attention of the Commission to the fact that in the English
    version of Table II of Protocol No 2 to the Agreement concluded between |
    the EEC and Switzerland , part of the description of goods falling within
    heading No 19 02 ex 10 of the Swiss Customs Tariff has been omitted .
2 . In order to enable the necessary change to be made in the English text      î
    of the EEC/ Switzerland Agreement , an exchange of letters should take
    place between the EEC and Switzerland .                                     j
                                                                                I •
                                                                                !
3 . The Council is recommended to approve the draft regulation and letters
    attached to this communication and to designate the person empowered to 1
    sign the exchange of letters . It is proposed that Mr de Kergorlay , Deputy
    Director-General in the Directorate-General for External Relations of
                                                                                E
    the Commission , should sign for the Community. This would mean that the i
    Swiss Ambassador could sign on behalf of the Swiss Gouvernment .
 ---pagebreak---             Proposal for Council Regulation (EEC ) No   /76 of
            concluding the Agreement in the form of an exchange
            of Letters amending the English version of Table II
            of Protocol Bo 2 to the Agreement between the Euro
            pean Eoonomic Community and the Swiss Confederation
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,                                  )
Having regard to the Treaty establishing the European Economic Community,  I
 and in particular Article 113 thereof ,                                   ,
Having regard to the recommendation from the Commission,                   j
Whereas the English version of Table II of Protocol No 2 to the Agreement
concluded between the European Economio Community and the Swiss Confederation
should be amended , this should be done by agreement in the form of an      j
                                                                            i  ■
Exchange of Letters .                                                       j
                                                                            f
HAS ADOPTED THIS REGULATION :                                                !
                                                                             i
                                Article 1
The Agreement in the form of an Exchange of Letters amending the English
version of Table II of Protocol No 2 to the Agreement between the European ;
Economic Community and the SwiBS Confederation is hereby concluded and
                                                                             i
adopted on behalf of the Community .
The text of the Agreement is annexed to this Regulation .                    !
                                Article 2                                    i
The President of the Council is authorized to designate the person empowered
to sign the Agreement in the form of an Exchange of Letters referred to in 1
Article 1 in order to bind the Community .
 ---pagebreak---                                    - 2 -
                                  Article 3
This Regulation shall enter into force on the day following its publication
in the Official Journal of the European Communities .
This Regulation shall "be binding in its entirety and directly applicable in
all Member States .
Done at Brussels ,
                                             For the Council
                                             The President
 ---pagebreak---                                    Letter No 1
                                                    Brussels .
Your Excellency ,                                                                1
I should like to draw your attention to a clerical error in the English version
of Table II of Protocol Wo 2 to the Agreement between the European Economic
Community and the Swiss Confederation .
Examination of the English text of heading No 19 02 ex 10 of the Swiss Customs
Tariff in the Table has revealed that part of the description of the goods j
has been omitted . The missing words are as follows : " and preparations con
taining powdered milk , excluding the ..."
Consequently , the text should be amended to read as follows :
 Swiss Customs
    Tariff
                           Description               Basic duties ^
                                                                  on 1 . July 1977
 heading No
 19 02
       ex 10         preparations in which potato
                     flour predominates whether or
                     not in the form of semolina ,
                     flakes , etc ., and preparations
                     containing powdered milk ,
                     excluding the preparations
                     containing by weight more than
                     12 °Jo of milk fats , in packages
                     exceeding a net weight of 2 kg .
I should be grateful if you would confirm the agreement of your Government
with the content of this letter .
Please accept , Your Excellency , the assurance of my highest consideration .
                                       On behalf of the Council of
                                       the European Communities
 ---pagebreak---                                    Letter "No ?
                                                      Brussels .
Sir ,
I have the honour to acknowledge receipt of your letter of today worded
as follows :
"I should like to draw your attention to
I have the honour to confirm the agreement of my Government with the
content of your letter .
Please accept , Sir . the assurance of my highest consideration .
                                      I
                                      , On "behalf of the         Government


title: Recommandation for a COUNCIL REGULATION (EEC) on the conclusion of the Additional Protocol to the Agreement between the European Economic Community and the Republic of Peru on trade in textile products consequent on the accession of the Hellenic Republic to the Community (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 726
Vol. 1981/0209
 ---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(81)726 final.
                                                               Brussels , 27 November 1981
                                      Recommandation for a
                                    COUNCIL REGULATION ( EEC )
              on the conclusion of the Additional Protocol to the Agreement between
              the European Economic Community and the Republic of Peru on trade in
              textile products consequent on the accession of the Hellenic Republic
                                        to the Community
                                                 <
                                                 »
                                                I
                         ( submitted to the Council by the Commission )
COM ( 81 ) 726 final
 ---pagebreak---                           EXPLANATORY MEMORANDUM
1 . Under the Act of Accession of Greece to the European Communities
    ( Article 123 ) , it was agreed that the Community would negotiate
    protocols of adaptation to the bilateral agreements on trade in
    textile products between the Community and third countries .
2 . By Decision of 1 August 1980 the Council authorised the Commission to
    open negotiations with Peru to conclude an agreement on such
    adaptation .
3 . In accordance with that Council Decision and in consultation with the
    Article 113 Committee , the Commission conducted negotiations with Peru
    from 22 September to 17 December 1980 .
    Following the negotiations , a draft Protocol was drawn up extending the
    terms of the original bilateral agreement to trade between Peru and
    the enlarged Community , thus ( inter alia )
    - increasing the existing voluntary restraint levels on exports to the
       whole Community to new agreed levels ,
    - extending the existing consultation procedures whereby new voluntary
       restraint measures may be introduced for categories of products not
       at present subject to limitation , where certain thresholds are exceeded,
       in respect of both the whole Community and Greece .
    The heads of Delegation initialled the text of the draft Protocol on
     17 December 1980 having noted it correctly represented the results of
    the negotiations .
4 . The Protocol has already been implemented by Council Regulation ( EEC )
    No 3553/ 80 of 22 December 1980 ( 1 ) amending the existing regime established
    by Regulation ( EEC ) No 3059/ 78 of 21 December 1978 ( 2 ).
 ---pagebreak---                                      - 2 -
5 . The Commission considers that the draft Protocol embodies an arrangement
      which is acceptable to the Community . It therefore recommends that the
      Council :
        ( i ) approve the Protocol by adopting the Regulation , the draft of
              which is annexed hereto ;
      ( ii ) pending approval of the Protocol , take the necessary decisions
              in connection with the signing thereof .
 ( 1 ) O.J. No L 381 of 31.12.1980 , p. 1
 ( 2 ) O.J. No L 365 of 27.12.1978 , p. 1
 ---pagebreak---                                          Official Journal of die European Communities                                No L
                                                                I
                                             (Acts whose publication it obligatory)
                                                      RECOMIMANDATION
                                        COUNCIL REGULATION (EEC)
                  on the conclusion of the Additional Protocol to the Agreement between the European
                  Economic Community and the Republic of Peru ■
                 on trade in textile products consequent on the accession of the Helltfni
                 Republic to the Community .
                                                                     on trade in textile products
   THK COUNCU OF THE FIJROPF.AN COMMUNITIES,                                  consequent on the accession of the Hellenic
                                                                    Republic to the Community if hereby approved ofl
                                                                    behalf of the Community.
   ll.iviiiH regard to the Treaty establishing the European
   i loiiomic Community, and in particular Article 113                            *
   lilt-rent ,
                                                                    The text of die
                                                                                the Protocol is annexed to thia Regulation.
   t l.ivinf* regard to the recommendation from the
   ( imimitsion .
   \X hcrca > K i . necessary to approve the Additional
   Protocol :o ihe \grtcnienf between the European
   Economic Con.mumty and the Republic of                                                    Article 2
                                                                                Article 2
   Peru
                                                                    The President of die Council shall give die the notification
                                                                                notilicacion
on trade in textile products to take                                provided for in Article 44. of the Additional Protocol (f).(#).
account of the accession of the Hellenic
Republic to the Community,
   HAS ADOPTED 1HIS REGULATION:
                                                                                Article 3
                            Article Î
                                                                    This Regulation shall enter into force on the da)'
   The Additional Protocol to the Agreement between die             following its publication in the Official Journal
                                                                                /<        of tht
   European Economic Community and the                              European Communities.
   Republic of Peru
                  This Regulation shall be binding in in entirety and directly applicable in all Member States.
                  Done at Brussels,
                                                                                For the Council
                                                                   (|) The date of entry into force of the Protocol will be
                                                                       published in the Official Journal of the European
                                                                       Communities by the General Secretariat of the Couual.
 ---pagebreak--- Additional Protocol to the Agreement between
the European Economic Community and the Republic
of Peru on trade in textile products consequent
on the accession of the Hellenic Republic to the
Community
                                                 -kA~
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES
of the one part / and
THE GOVERNMENT OF THE REPUBLIC OF PERU
of the other part ,
CONSIDERING the accession of the Hellenic Republic to
the European Communities on 1 January 1981
HAVING REGARD to the Agreement between the £u rope an Economic (Community
and the Republic of Peru signed on 22 November 1979 and .hereafter called
the "Agreement ",
HAVE DECIDED to determine by common accord the adjustments #nd
transitional measures to the Agreement consequent on the accession
of the Hellenic Republic to the European Economic Community
and TO CONCLUDE THIS PROTOCOL :
     \                                                               M
   \  \
    \
 ---pagebreak---                                 Article 1
 The text of the Agreement as hereby amended, including its annexes ,
 protocols and exchanges of letters forming an integral part thereof ,
 shall be drawn up in Greek and that text shall be authentic in the
 same way as the original texts .
                                Article 2
The Agreement shall be amended as follows :
       1.    The limits set out in Annex II shall be increased to
             the quantities set out in the Annex hereto , and
       2.    Article 6 paragraph 2 shall be replaced by the following :
             Where the Community finds , under the system of administrative
             control set up , that the level of imports of products in a
             given category not listed in Annex II originating in Peru
             exceeds , in relation to 102% of the preceding year 's total
             imports into the territories within which the Treaty
             establishing the European Economic Community applied at 31
             December 1980 of products in that category , the following rates
                   for categories of products in Group I               0.2X
                   for categories of products in Group II              1.2X
                   for categories of products in Group III , IV or V UX
             it may request the opening of consultations in accordance with
             the procedure described in Article 14 of this Agreement , with
'            a view to reaching agreement on an appropriate restraint level
             for the products in such category .
 ---pagebreak---                                                                          /
                           - 3
3. Protocol C to the Agreement shall be replaced by the following :
   In accordance with the provisions of paragraphs 2 and 4 of Article
   6 of the Agreement , a quantitative limit may be fixed on a regional
   basis where imports of a given product into any region of the
   Community exceed , in relation to the amounts calculated by the
   fraction 100 / 102 ( one hundred divided by one hundred and two ) of
   the amounts determined in accordance with paragraph     2 of the said
   Article 6 , the following regional percentages
                        Germany     28 . SX
                        Bénélux     10 . SX
                        Prance      18.5%
                        Italy       15X
                        Denmark      3%
                        Ireland      IX
                       U.K.         23 . SX
                        Greece       2X
4. For the purpose of calculating 'the preceding year 's total
   imports' referred to in 2 * above both of 1980 and 1981 , imports
   from the Hellenic Republic shall be those recorded in 1980 .
                       Article 3
   The Annex to this Protocol forms an integral part thereof .
   This Protocol forms an integral part of the Agreement .
                                                             4A-
 ---pagebreak---                                     4
                                Article 4
This Protocol shall be approved by the contracting Parties in accordance
with their own procedures .   It shall enter into force on 1st January 1981 ,
provided that the contracting Parties have notified each other before that
date that the procedures necessary to this end have been completed .      A'ter
this date the Protocol shall enter into force on the first day of the
second month following such notification .
                                Article 5
This Protocol is drawn up in duplicate , in the Danish ,- Dutch , English , French ,
German , Greek , Italian and Spanish languages , each of those texts being
equally authentic .
             / EXCHANGE OF LETTERS DE FACTO APPLICATION /
                                                                       JJr
 ---pagebreak---                                                                            1
                                                             t
                                ANNEX
Category      Description of products         Units  Year Quantitative
                                                            limits
                                                              EEC
   1     Cotton yarns , not for retail     Tonnes   1981     540
         sale
                                                    1982     544
                                       a
   2     Cotton fabrics                    Tonnes   1981     290
                                                    1982     293
   5     Jerseys , pull-overs            * 1,000    1981     6J4
                                           pieces
                                                    1982     640
                                                                         1
                                                                         I
                                                                         !
                                                                         1
                                                                         i
                                                                         I
                                                                         !
                                                                         j
     V :
                                                               4j\- ι
     Ij                                                                !
                                                                       ί
                                                                       ι
                                                                       !
 ---pagebreak---                       EXCHANGE OF NOTES
          The Mission of the Republic of Peru      to the European
Communities presents its compliments to the Directorate-General for
External Relations of the Commission of the European Communities and
has the honour to refer to the Agreement in textile products
negotiated between    Peru                      and the Community/
 signed    on 22 November 1979, and to the Additional Protocol to the
Agreement consequent on the accession of the Hellenic Republic to the
Community initialled on 17 December 1980 .
          The Mission of the Republic of Peru         wishes to inform
the Directorate-General that whilst awaiting the completion of the
necessary procedures for the conclusion and the coming into force of the
Additional Protocol , the Peruvian    Government is prepared to allow the
provisions of the Additional Protocol to apply de facto from 1st January
1981 if the Community is disposed to do likewise .
          The Mission of the Republic of Peru         would like also to
propose that the present note and the Community 's note in reply shall
constitute an Agreement between the Peruvian      Government and the Community
          The Mission of   the Republic of Peru       avails itself of this
opportunity to renew to the Di rectorate-General for External Relations
the assurance of its highest consideration .
 ---pagebreak---             The Directorate-General for External Relations of the Commission
presents its compliments to the Mission of the Republic of Peru
to the European Communities and has the honour to refer to the Mission 's
note of today reading as follows :                                           **
                                                                             – * •
            "The Mission of the Republic of Peru          to the European
Communities presents its compliments to the Directorate-General for External
Relations of the Commission of the European Communities and has the honour
to refer to the Agreement in textile products negotiated between Peru
                   and the Community , signed     on  22 November 1979, and to
the Additional Protocol to the Agreement consequent on the accession of the
Hellenic Republic to the Community initialled on 17 December 1980
            The Mission of the Republic of Peru          wishes to inform the
Directorate-General that whilst awaiting the completion of the necessary
procedures for the conclusion and the coming into force of the Additional
Protocol / the Peruvian     Government is prepared to allow the provisions of
the Additional Protocol to apply de facto from 1st January 1981 if the
Community is disposed to do likewise .
            The Mission of   the Republic of Peru        would like also to
propose that the present note and the Community 's note in reply shall
constitute an Agreement between the Peruvian        Government and the Community .
            The Mission of   the Republic of Peru      . avails itself of this
opportunity to renew to the Directorate-General for External Relations the
assurance of its highest consideration ."
            The Directorate of External Relations has the honour to confirm
to the Mission of     the Republic of Peru      that it is agreed on the
content of the foregoing note and considers therefore that the exchange of
notes constitutes an agreement between the Peruvian         Government and the
Community .
            The Directorate-General for External Relations avails itself of
this opportunity to renew to the Mission of     the Republic of Peru        to
the European Communities the assurance of its highest consideration .
 ---pagebreak---          COMMISSION
                                                                               Brussels                 .17.. December 1980.
            OF THE
EUROPEAN COMMUNITIES
     Directorate-General for
        External Relations
  Negotiation and management of                                                Mr. M. YRIGOYEN
  textile agreements , and commercial                                          Chargé d' Affaires .
  questions in respect of industry                                             Embassy of the Republic of Peru
  and energy                                                                   to the European Communities .
                                                                               Avenue de Tervueren , 179
                                                                               1040 BRUSSELS .
                       Your Excellency /
                             I have the honour to refer to the Additional Protocol to the
                       Agreement between the European Economic Community and the Republic
                       of Peru concerning trade, in textile products consequent on the
                       accession of the Hellenic Republic to the Community which was
                       initialled today , and to the letter exchanged on 30 November 1977
                       concerning trade in products manufactured from Peruvian Tanguis and
                       Pima cotton .
                             I confirm that the Community quotas for the years 1981 and 1982
                       of these products shall be increased to the following tonnages :
                                                                                1981         1982
                                                Category One ( Cotton yarn )                         3,561        3,580
                                                Category Two ( Cotton fabrics )                     2,192         2,204
                             Please accept , Your Excellency , the assurance of my highest
                       consideration .
                                                                        G * HOFMANN
 Provision*! •dd'to* Au*     Loi 200. 8-1C49 Brum'ft - T«i«oho*« 735 OO 40 / 7396040 - Tofetrftp** «Odre*»: "COMEUft Brurn*» -
                                                   Tm«: " 21 077 COMEU S"