title: RECOMMENDATION FOR A COUNCIL DECISION CONCERNING THE CONCLUSION OF THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND SWEDEN NEGOTIATED UNDER ARTICLE XXVIII OF THE GATT IN RESPECT OF CERTAIN HORTICULTURAL PRODUCTS (presented by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 264
Vol. 1980/0101
 ---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---     COM     SSI ON
                                                              Brussels , 27 nd May 1980
      Of   THE
ROPGAN COMMUNITIES                                            FOR OFFICIAL USE ONLY
  Genera' Sccretciat
                              RECOMMENDATION FOR A COUNCIL DECISION
                     CONCERNING THE CONCLUSION OF    THE AGREEMENT BETWEEN
                          THE EUROPEAN ECONOMIC COMMUNITY   A NO SWEDEN
                             NEGOTIATED UNDER ARTICLE XXVIII OF THE GATT
                         IN RESPECT OF CERTAIN HORTICULTURAL PRODUCTS
                          ( presented by the Commission to the Council )
             S
          C0M(80 > 264 final
 ---pagebreak---                               EXPLANATORY MEMORANDUM
The negotiations initiated by Sweden with the Community under Article XXVIII
of GATT have produced a satisfactory agreement .
Under this agreement , the Community is authorizing Sweden to amend certain
tariff concessions on horticultural products which Sweden had bound under
GATT . In return , Sweden has agreed to a number of new concessions for
Community horticultural products .
 ---pagebreak---                CONCLUSION OF AN AGREEMENT RESULTING FROM THE NEGOTIATIONS
                   INITIATED WITH SWEDEN UNDER ARTICLE XXVIII OF GATT
                       ( Commission communication to the Council )
The Commission is hereby presenting to the Council :
i.   a report on the results of the negotiations initiated with Sweden under
     Article XXVIII of GATT on the amendment of Swedish tariff concessions on
     certain horticultural products ( Annex I );
ii . a draft agreement , and annexes thereto , negotiated between Sweden and the
     Community under Article XXVIII of GATT ( Annex III ).
At its meeting in Geneva on 18 March 19^0 , the Article 113 Committee delivered
a favourable opinion on the results of the above negotiations .
                                                              χ
The Commission recommends that the Council approve the agreement , and annexes
thereto , which have been initialled with Sweden ( Annex III ).
To that end it is presenting a draft decision concluding the agreement
( Annex II ) .
 ---pagebreak---                                                                       ANNEX I
                                         REPORT
             ON THE NEGOTIATIONS WITH SWEDEN UNDER ARTICLE XXVIII OF GATT
              ON THE AMENDMENT OF THE SWEDISH CONCESSIONS IN RESPECT OF
                                 HORTICULTURAL PRODUCTS
 1 . Sweden has amended Chapters 6 , 7 and 8 of its customs tariff ( horticultural
     products ), concerning certain specific duties into " ad valorem" duties and
     at the same time increasing such duties , in some cases substantially .
     In the case of products the customs duties on which are not bound under
                                                                               <
     GATT , this amendment took effect on 1 February 19°0 . Application of the
     new tariff in respect of products the customs duties on which are bound
     under GATT was suspended pending completion of the Article XXVIII
     negotiations .
                                                              χ
                                 Λ
2 . On 10 July 1979 the Swedish Permanent Mission in Geneva communicated to the
     Director General of GATT its intention of amending , pursuant to
     Article XXVIII ( 5 ) of the General Agreement on Tariffs and Trade , certain
     concessions covered by the XXX - Sweden schedule , concerning horticultural
     products .
3 . In this communication , Sweden indicated its willingness to initiate
     negotiations or consultations in accordance with Article XXVIII of GATT .
     The European Community , in turn , stated its rights and its intention of
     entering into negotiations with Sweden ; Sweden replied that it was
     prepared to initiate negotiations or consultations with the European
     Community pursuant to the above Article .
                                               r
4 . Since the end of October last, year , there has been a series of negotiations
        \
     and consultations with the Swedish authorities ;   the members of the ,
     Article 113 Committee have either taken part or been kept regularly
     informed by the Commission .
                  \
 ---pagebreak---                                                                      ANNEX If ?)
These negotiations encompassed , firstly , the compensation the Community
should receive from Sweden under Article XXVIII of GATT following the
amendment of the concessions contained in the XXX - Sweden schedule and ,
secondly , a bilateral undertaking by Sweden to the Community as regards the
stabilization of customs duties not bound under GATT on ornamental plants
 ( the products most affected by the increased charges ).
Compensation agreed on during the negotiations under Article XXVIII of GATT
The main problem during these negotiations was to achieve adequate
compensation in the horticultural sector of real interest to the Member
States of the Community affected by the amendment of the Swedish
concessions , including in particular , arrangements for imports of tomatoes
and cucumbers into Sweden .
After difficult negotiations , Sweden finally made an offer that the
Community found to be satisfactory and acceptable in terms of both quantity
and quality .
The EEC 's proposals and the Swedish offers of compensation are compared
below ( for details , see Annex I ):
                                                     volume of trade
                                                     ( Average 1976 /77 /78 )
EEC requests                                         SKr    89.4 million
Compensation ( within horticultural sector )       • SKr   143.5 million
Stabilization of unbound customs duties
An agreement concerning a bilateral undertaking by Sweden on the
stabilization of customs duties not bound under GATT for ornamental plants
impbrted from the Community was obtained and recorded in the minutes ( see
Annex III ).
 ---pagebreak---                                                                    ANNEX I (?)
8 . Accordingly , at its meeting in Geneva on 18 March , the Article 113
    Committee gave an opinion in favour of concluding the negotiations on this
    basis .
9 . The documents embodying the results of the negotiations were initialled on
    18 March .
 ---pagebreak---  ANNEX 1
                                                                                Customs duties          *                              Swedish imports        1 η c (* } or deer . (-
                                                                                Customs duties          from EEC               in amount
  Tariff heading                                              Description              currently bound                                                                 coll ected
                                                                                offered         Av. 7 6/77/78
                                                                                (SKr /1 00 kg)                                        SKr » 000                  SKr '000
                                          1 . COMMUNITY REQUESTS taking account of Sweden's offer to rebind these products
         có .^:. 05                        1 - Bulbs etc. imported with earth                          i>0               :\                   a                              ♦ ¿ 7,0'· :
        07 . r . 701                       1 . Tomatoes 1 6 /5 to 31 /10
                                          ex 16/5 to 31/ 5                                             50                                               4 . ·? .' j          -¿ j:,7.:e
                                                                                17 /· KU;. CHARGE.
                                           ex I/ o to 3C/ o                                                                                12.U0C                 + 55?·5-*ί-
                                                                                ) of SKr5o/ioo kg
                                           ex 1/ 7 to 30/ '9                                           50              17 '>i Kin. CHARGE             23.319              + l.ój4,:iCU
                                                                                of SKr 70/ 100 k~
                                           ex 1/ 10 to 31/ 10                                          50              17 ,Ό HI:;. CHARGE,              4.222                     -
                                                                                of SKr 50/ 100
 ex 07.01.7c2                             Tomatoes 1Ó/ 4 to 15/ 5                                      ¿ 'e            10               CHARGE  -    20. COO            + 2 . CX . KO
                                                                                of SKr 50/ΐου
        W'ivi· f ? A                      Asparagus          1/5 to ¿0/6                              100              14 /i                                     4             + 0 , ιύο
                                          Mushrooms ·                                                  "Ü              10 ¡ /o                          1 . 159              - 23 , UD
 ex 07.01.2^/29 ^ Red beetroot                                                                        Ztr               5>                                  9 ¿2
       07.::.::4 }               ^ *
                                          Other vegetables 1/ 5 to 30/11                                               10 ¡ >j                          7 . £31              + 93 , í'V
        r· Ζ
        V ~
                   ·*··
                  ^ l · _
                           * r* ■»
                                 _        Cherries · i-¡5 to 2l/7                                      ^Γ
                                                                                w «               5 ·/ '                          3.421       '■       + 34.2 :
                           401            Plums          ió/ 7 to jC/ 9                                                15 V                             1····»ο                 4 j ÍJ'V
       C· ?. Cc . 201              )                                                                 4CC
                          2C2      >
                                          Strawberries 1 /6 to 31 /8                                                   14 /Ó                            7.773                * 77 1 Ί:>-·
 CX C:.i:.CC9                             Cherries in sulphur water                                    3'S
                                          16/ 6 to 31 /7                                                              Λ 5 ~r*                               -                    -
                                          II . COMPENSATION OFFERED BY SWEDEN                                      I       Total 1
                                                a) [ rr-pr o ve^ient in Swedish bindings
       O / . C 1.               .*      , Caul i fl overs 1 /12 to- 30/4                               10                           free               ?. 729
ex Cô . ^                              ' Roses 1 /12 to 31 /1                        ' '             500                            free               4.43 : ( 1 )
      ΟΌ · 'ν'Ι · Ο (.2                | ... unplanted, in flower or .in
                                       ' bud                                                         500                      SKr 350/ico :<*!
                                                                                Total II a )
                                                b ) Ifnprovercents in unilateral preferentìal concessions
                                                    H^eed by eXCtian9e °T , 6tt?rSj Customs duties
               31.010                     Mushrooms                                       currentl y aopl î ed                          EEC
                                                                                iO                       free     PRET.       (1 .1 : 9 )           -    23,1*0
                                          Fresh grapes 1 /7 to 31 /10                                 EEC                               EEC
                                                                                6,2 5                               free
                                                                                PREF.                             PREF.
                                          c) New bi ridings                                                             Total II b )               14.1.'
     Co.C2.C05
                                     , Ornamental plants other than azaleas ,
                                          ericas , camel i as and rhododendrons
                                                                                S Jfe                  10 >                 79.3 ;:
    07 . c..: ex.:  ez..yo   93           Chinese cabbage 1 /1 to 29 /2                           free                        free
    C7.C : ; ^ çç                         Other cabbages 1 /1 to 2C'/2                            free                        free
    07.c..-;3                        1 Other cabbages 1 /3 to 31 /12                                 20 , 0 ,»               20 -i                   3 • i-C
       I' » ν · ·'■ » V· 1/
                          - τ
                             1            Cucumbers 1 /5 to 30/4                                    20,0 £                   30
                                     I                                                                                i • •' ; -
                                          Cucumbers 1 /5 to 30/6                                    20,0 >i          'Ο '/■>     κΐί«· 0ΚΑΡ6Ε       2.1 i :
                                              \                                                                       οί 2ΚΓ ^ 0/ 100 κ;-
                                          Cucumbers 1 /7 to 30/9                                   20,0            îo > :.u . CHARGE .              3· ο£θ               * 254.C2C
                                                                                of SKr 70/ icc :<c
   07.Cl.tC2                              Cucumbers 1 /10 to 15/3                                fre •*»                     fJ' CO                  (*t 'OO
   C7 . C i.PCo                           Other cucumbers 1 /10 to 15/5                          fr --                       freo                       7"0
   (. 7 . Ci .-; 4                        Artichokes 1 /7 to 30/11                                  10 /*                    10 P
x          ci .                           Artichokes 1 /5 to 30/(3                                 lo                        free                   i.150
   c ?.                                   Frozen carrots                                            M .»
                     ;:2                                                                                16,0
                                          Frozen peas                                              -      /"                1-J.0     "
                     COi
                     0' !4
                                          Frozen carrots and peas , mixed                          iw ..»                   !:••,<>
                                          Frozen beans                                             l'y ,7                   16,0
                    c^ ;
                    O. o
                                          Frozen spinach                           ,               î .; ■-                  16,0
                                          Frozen broccol i                         j               i      ( > y»           10,0                         6C'."!
                        . <>              Dried tomatoes , french beans X onions                     1,0                      3,0                  3 . ôs -
                                          Other dried or dehydrated vegetables ,
                                          apart from potatoes .                    j
  ce . - : ro                             Honeydew melons and cantalouces
                                          16/ 6 to 30/9                            I
                                                                                16,0                     iO t G
  O-.CJ . T •                             Other melons 16/6 to 30/9                I
                                                                                J~,0
 ---pagebreak---                                                                     ANNEX II
                       RECOMMENDATION FOR A COUNCIL DECISION
        concerning the conclusion of the Agreement between the European
        Economic Community and Sweden negotiated under Article XXVIII of the
                 GATT in respect of certain horticultural products
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 113 thereof ,
Having regard to the recommendation from the Commission ,
                                                          χ
Whereas Sweden , pursuant to Article XXVIII of the General Agreement on Tariffs
and Trade ( GATT ), has announced its intention of unbinding tariff concessions
on certain horticultural products of which the European Economic Community is
the principal supplier ;
Whereas the Commission has initiated negotiations with Sweden under         "
Article XXVIII of GATT , and has reached an agreement with Sweden that is
considered satisfactory ;
HAS DECIDED AS FOLLOWS :
                                     Article 1
The Agreement between the European Economic Community and Sweden negotiated
                                            f
under Article XXVIII of GATT in respect of certain horticultural products is
hereBy approved on behalf of the Communitv .
                                                                        \
The text of the Agreement is annexed to this Decision .
 ---pagebreak---                                                                    ANNEX 11(2 ;
                                   Article 2
The President of the Council is hereby authorized to designate the person
empowered t© sign the Agreement in order to bind the Community .
Done at Brussels ,                                   For the Council
                                                     The President
 ---pagebreak--- annexe HJL
                :               PROCES-VERBAL
           1 . The Delegation of Sweden - and the Commission of the European
               Communities have concluded their negotiations under Article
               XXVIII for the modification of concessions regarding
               certain horticultural products provided for in schedule
               XXX-SWEDEN with the following agreement :
               The concessions included in Schedule XXX-SWEDEN and set out
               in part A of annex I shall be replaced by
               ( a ) the concessions to' be bound in the GATT as set out in
                     part B of annex I
               ( b ) the autonomous concessions , granted by Sweden to the
                     European Economic . Commun i ty as set out in the draft'
                     letter attached  ( annex II ).
               The provisions contained in this paragraph shall enter into
               force on the same date .
           2 . In connection with these negotiations -under article XXVIII
               of the GATT , the parties have discussed the customs tariffs
               in Sweden regarding certain horticultural products falling
               under chapters 6,7 and 8 of the customs nomenclature not
               bound   in the GATT .
               Sweden agrees to inform the EEC if it is envisaged that
               Sweden will for the items 06.02.005 and 06.02.007
               ( ornamental plants other than azaleas , ericas , camelias
               and rhododendrons ) modify its import system , including
               increase of the duty-rates above the level applied on
               February 1 , 1980 .
               The parties agree , upon request , 'to enter into consultation
               if difficulties might arise for these two items and shall
               endeavour to seek appropriate solutions .
               These consultation shall be held in the framework and in
               accordance with article 1 5- of the agreement between Sweden
               and the-EEC of July 22 , 1972 .
               Geneva ,
               On behalf of the Delegation            On behalf of the Delegation
               of Sweden                              of the Commission of the
                                                      European Communities
 ---pagebreak---            RESULTS OF NEGOTIATIONS BETWEEN
        SWEDEN AND THE EUROPEAN COMMUNITIES
                        UNDER
       ARTICLE XXVIII FOR THE MODIFICATION OF
        CONCESSIONS   IN SCHEDULE XXX - SWEDEN
CHANGES          IN    SCHEDULE         XXX    -  SWEDEN
NOTE : THE CONCESSIONS LISTED IN PART " A " SHALL
BE REPLACED BY THOSE LISTED IN PART " B " . ANY .
         1         •»
ITEM LISTED IN ANNEX " B " CONFERS UPON THE
EUROPEAN COMMUNITIES INITIAL NEGOTIATING RIGHTS .
 ---pagebreak---                                                     PART  A
                        »                        *         ,
      Tariff                                                                   Rate of Duty
       Item                             Description of Product                 " Bound   in
      Number                                                                Existing Schedule
                                                                     -
-     Ex 06.01            •  ·  ·  ·  ·
              -
                          Imported with earth :
                                   Other                                    kr 50 per 100 kgs
      Ξχ 07.01            .....
                          Tomatoes          :
                                   From May 16 to October 31                Kr 50 per 100 kgs
                                   From April 16 to May 15                   Free
                          Asparagus :·
            •
                                   From May 1 to June 30                    Kj" 100 per 100 kgs
    »                     Champignons              ¿                         Kr 75 per . 100 kgs
                          Red beets            :                                              •
                                   Freshly gathered ( new >, delivered
                                   from January 1 to June 30                 Kr 20 per 100 kgs
                                   Other                                     Kr 10 per 100 kgs
                ft
                       " Other vegetables than potatoes .
  •
                          edible roots , garlic , onions ,             •                         «
                          shallots , cabbages , leguminous
                          vegetables , tomatoes , mushrooms .
                          truffles , asparagus , cumcumbers .
                     "
                           lettuces and sweet peppers :
                                    From May 1 to November 30                Kr AO per 100 kgs
      Ex 08.07
                          Cherries           :
                                    From June 16 to July 31                  Kr 30 per 100 kgs
                          Plums           :                    ,
                   •
                                    From July 16 to September 30             Kr 35 per 100 kgs
      Ex 08.08 *           •  ·  ·  ·  ·
                                         i
                          Strawberries :
                                                                         ...
                                    From June 1 to August 31                 Kr 100 per 100 kgs
      Ex 08.11             •  ·  ·  ·  ·
                           Cherries , in sulphur water :
                                     From June 16 to-July 31                 Kr 35 per 100 kgs
 ---pagebreak---                            PART         B
                           Description of 4         Concession
Tariff Item Number         Products                 Rate of Duty
06.01
                              Imported
                              without earth :
          002                     In flower or
                                . in bud            Kr 350 per 100 kgs
                              Imported with earth :
          005                     Other                   8 %
06.02
                              Ornamental plants ,
                              other than azaleas ,
                      *       ericas , camelias .
                              and rhododendron :
          005                     Other than plants
                                  grown in pots          10
06.03
                           Fresh :
                              Roses :
       ex 012                     From December 1
                                  to January - 31        Free
07.01
          294              Red beets                      5 %
          295
               Λ         .  .
                           Caulif lowers :      -
          4 23 •                  From December 1
                                  to Apnl 30             Free
The statistical numbers are those valid on February 1 , 1980 ,
 ---pagebreak---                             Description of          Concession
Tariff Item Number          Products                Rate of Duty
07.01                       Chinese cabbage :
( cont'dl • 49S                   From January 1
                                  to February 29         Fr ee
                             Other cabbage ( other
                             than white and red
                             cabbage , kale and
                             Brussels sprouts )
             498                  From March 1
                                  to December 31         20
             499                  From January 1
                                  to February 29          Fr ee
                             Tomatoes :
         ex 702                   From April 16                              1 )
                                  to May 15               1 0  % min . Kr 50
         ex 701
                                                                 per 100 kgs
         ex 701                   From May 16                                1 )
                                  to June 30              17     min . Kr 50
                                                                 per 100 kgs
         ex 701                    From July 1                               1 )
                                   to September 30         17 % min . Kr 70
                                                                 per 100 kgs
         ex 701                    From October 1                             1 )
                                   to October 31           17 % min . Kr 50
                                                                 per, 100 kes
                                                           10  %
              610             Champignons
                              Asparagus :
              751                  From May 1
                                   to June 30              1 4
                              Cucumbers : -
                                Snake cucumbers
          ex 801                   From March 16
                                   to April 30             20
       *  ex 801            " .     From May 1                                 1 )
                                    to June 30              20 % jnin . Kr 50
                  t                                               per 100 kgs
          ex 801                    From July 1                                1
                                    to September 30         20 % min . Kr 70
                                                                  per 100 kgs
   1
      The minimum rates may be adjusted in relation to the developmen
      of the production costs for these products in Sweden . However ,
      this adjustment should not in any case exceed the development of
      the level of the cost -of -living index in Sweden during the same
      per iod .
 ---pagebreak---                           Description of          Concess ion
                          Products                Rate of Duty
Tariff Item Number
07.01
( cont'd ) •
             p802
               n9      *         From October 1
           '                   ' to March 15 .           Free
                              Other :
         ex 806                  "<• October 1
                                 to May 15               Free
                           Globe artichokes :
              904                From July 1
                                 to November 30          10 %
          ex 905                 pom   May 301
                                 to June
                            Other vegetables than
                            potatoes / edible roots ,
                            garlic , onions , challots ,
                            cabbages , leguminous. -
                            vegetables , tomatoes ,
                            mushrooms , truffles , aspa
                            ragus , cucumbers , lettuces
                            and sweet peppers :
                304               From May 1
                908               to November 30              '0
     07.02
                00.1        Carrots , peas , beans and
                 002        spinach ; carrots and peas ,
                 003        mixed                             16
                 004
                 005
                                                              1 0
                 006 '       Broccoli
      07.04
                 002         Other ( other than garlic
                 009 1   . > and potatoes )
      08.07
                             Cher r les :
                  101               From June 16
                                    to July 31
                             Plums :
                  401               From July 16
                                    to September 30            '
      08.08
                              Str awber r ies :
                  201               From June 1
             ex 202                 to August 31                '4
 ---pagebreak---                                                          4
Tariff Item Number Description of           Concession
                   Products                 Rate of Duty
08.09
                   Melons :
         103            From June T 6
         104            to September 30          18
08.11
                   Cherries , in sulphur water :
      ex 009            From June 16
                        to July 31                5 %
                                                           A
 ---pagebreak--- SWEDISH DELEGATION                                                Annex  II
                                       Brussels ,            1980
                    Mr. Director General ,
                     I have the honour to inform you that , with reference
                    to the Agreement between the Community and Sweden of
                    21 July , 1972 , and in particular Article 15 thereof
                    whereby the contracting parties declared their
                    readiness to foster , so far as their agricultural
                    policies allow , the harmonious development of trade
                     in agricultural products , Sweden is granting to the
                    Community on a unilateral basis and with effect from
                     1 July 1980 the following tariff concession :
                    Swedish,*. Customs      Description of        Concession
                    Tariff Item Number      Products              Rate of Duty
                    07.01.610               Champignons              8 %
                    08.04                   Grapes , fresh :
                           101                    From July 1 to     Free
                                                  October 31
                    This concession is additional to those included in
                    the letter of 21 July , 1972 , from the Head of the
                    Swedish Delegation , Ambassador S. Astrom , to the
                    Head of the Delegation of the Community , Mr , E.P.
                    Wellenstein .
                    Accept , Mr. Director General , the assurances of my
                    highest consideration .
                    I
                    λ
                    Bengt Rabaeus
                    Ambassador
Sir Roy Denman
Director General
The Commission of
the European Communities
BRUSSELS


RECOMMENDATION FOR A COUNCIL DECISION ACCEPTING ON BEHALF OF THE COMMUNITY THE RECOMMENDATION OF THE CUSTOMS COOPERATION COUNCIL CONCERNING ACTION AGAINST CUSTOMS FRAUD RELATING TO CONTAINERS


title: Recommendation for a COUNCIL DECISION on the conclusion of the Protocols extending for the fourth and fifth times the Wheat Trade Convention and the Food Aid Convention constituting the International Wheat Agreement, 1971 (submitted to the Council by the Comission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 7
Vol. 1981/0003
 ---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)7     final .
                                                             Brussels /, 21 January 1981
                          l€ * '                       ^
                          ι ■           *                 νι
                                   .'Ν -      ,- ,γΛ    1^/
                                                    v   £2
                            \         "   - V> ' V,iv  tlj
                              V                       <<§/
                         Recommendation for a
                              COUNCIL DECISION
on the conclusion of the Protocols extending for the fourth and fifth
times the Wheat Trade Convention and the Food Aid Convention constituting
                the International Wheat Agreement - 1971
            ( submitted to the Council by the Cc omission )
C0M(81 ) 7 final .
 ---pagebreak--- COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
            ■
RECOMMENDING THAT THE COUNCIL CONCLUDE THE . 1978
AND 1979 PROTOCOLS EXTENDING THE INTERNATIONAL
WHEAT AGREEMENT , 1971 ,                 'i
 ---pagebreak--- PROCEDURE      •                                                      . .           •     j
                                                                                I
1 . The Community has. not yet deposited the instruments of conclusion "by the
     Council of the 1978 Protocol extending until 30 June 1979 "the International           i
                                                  •                                         i
     Wheat Agreement , 1971 » and the 1979 Protocol extending the same Agreement         ,|
     until 30 June 19&0 , because one Member State had not deposited its instruments
     of ratification of the said Protocols .                              . .   . .           ■
                            ■ -     -           .                 .    .      '         ■ !
             '                    '           '                                       '       !
                                                                                i
2m Since Italy has now fulfilled its obligations '(all the . other Member States had
                                                                                «
     already done so ),, there is no longer any obstacle to the conclusion "by the               !
                                ,         '                     .                                1
     Council of the 197° and 1979 Protocols extending the International Wheat
     Agreement , 1971 »
3 . Italy has not yet deposited its instrument of ratification of the 1979 Protocol
                                                _                   ■
     Nevertheless , the Commission takes the view that the Community as such can
     conclude this Protocol as well since the procedures for ratification "by Italy
     are already under way and no problems of substance are likely to be
     encountered .
   _    i
FINANCIAL ARRANGEMENTS
4 « The conclusion by the Council of the 197° and 1979 Protocols extending the
     International Wheat Agreement will not entail any expenditure additional to'
     that already committed by the decisions taken in 1974 , 1975 and 1976 to
     apply the Protocols provisionally.
RECOMMENDATIONS               -
5 . The Commission therefore recommends that the Council approve the draft
     Decision attached hereto .
 ---pagebreak---                          Recommendation for a
                           COUNCIL DECISION
on the conclusion of the Protocols extending for the fourth and fifth times
the Wheat Trade Convention and the Food Aid Convention constituting the
International Wheat Agreement , 1971
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 ,
HAS DECDIDED AS FOLLOWS :
                             Article 1
The Protocols extending for the fourth and fifth times the International Wheat
Agreement , 1971 » i s hereby approved on "behalf of the European Economic
Community .
                             Article 2
The President of the Council is hereby authorized to designate the person
 empowered to deposit the instruments of conclusion of the abovementioned
 Protocols with the Government of the United States of America .
                      6
                             0
 Done at Brussels ,                                        For the Council
                                                           The President


title: RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE OPENING OF NEGOTIATIONS WITH THE ANDEAN GROUP (BOLIVIA, COLOMBIA, ECUADOR, PERU AND VENEZUELA) (presented by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 82
Vol. 1980/0028
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                               COM(80)82 final
                                                                               Brussels - 27th February 1980
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                      RECOMMENDATION FOR A COUNCIL DECISION
       AUTHORIZING THE OPENING OF NEGOTIATIONS WITH THE ANDEAN GROUP
              ( BOLIVIA / COLOMBIA - ECUADOR , PERU AND VENEZUELA )
                  ( presented by the Commission to the Council )
C0M(80 ) 82 final
 ---pagebreak---                                 EXPLANATORY MEMORANDUM
I•   BackTrourid *
In July 1979 , on the occasion of his visit to the Commission ,- the President
of Colombia , Mr Julio Cesar Turbay Ayala proposed , on behalf of all the
member countries of the Andean Group (Bolivia, Colombia, Ecuador , Peru and
Venezuela), the conclusion of a cooperation agreement between the Andean
Group and the European Community . Subsequently , in November 1 9T9 »
Mr Sebastian Alegrett , President of the Commission of the Cartagena      *
Agreement-^ , again on the occasion of a visit to the Commission, stated that
the Andean Group wished to conclude a non–preferential cooperation agreement ,
on a basis of equality and reciprocity , which would take account of the
different levels of development of the two groups -of countries , be sufficiently
broad to embrace all areas of cooperation , yet at the same time substantive ,
and permit further development .
It is on the basis of the exploratory discussions which then started between
                                       „  .       .       .2
a delegation from the Junta of the Cartagena Agreement and a delegation
from the Commission of the European Communities to study the possible form
and content of such an agreement that the Commission presents to' the Council
the recommendation which follows .
1
  The Commission , made up of a plenipotentiary representative of the Government
  of each member country , is the political and decision–making body .
2_,                 ...          '
  The Junta , * consisting of three members , is the technical body ; it has to
  ensure that the Agreement ifs implemented and that the Commission 's decisions
  are carried out :    it makes proposals to the Commission.
 ---pagebreak--- II .   The Cartarrena "Agreement and the economic integration of the Andean
       Sub-re ,r: ion                               ,
 1.  The . machinery of integration and a new stimulus
                                                                            £      • "
The process of Andean economic integration began in 1969 with the signin " of
                            1
the Cartagena Agreement       and moved a stage further in May 1 979, when the five
Heads of State , meeting again in Cartagena on the tenth anniversary of the
Agreement , adopted the Cartagena Mandate , which defined broad political and
economic guidelines fof future Andean integration .
Last year , too , the institutional framework of the Andean Pa-'t was expanded
with the setting-up of,, the Andean Court of Justice and the signing of "the
Treaty establishing the Andean Parliament ;        furthermore , it was in 1979 that
the meetings of Foreign Affairs Ministers of the five member countries were
institutionalized through the formation of the Andean Council , the aim of
which is to formulate joint foreign policy for the member countries .
The Cartagena Agreement aims to achieve balanced and harmonious development
of the member countries , faster economic growth and constant improvement of
the standard of living.       The ' machinery by which such objectives are to be
                                                                                2
fulfilled includes the liberalization of trade , a common external tariff ,
industrial programming overall and sectoral ( metal products , petrochemicals
and motor vehicles )^ the treatment of foreign capital , agricultural planning,
                                (
1 „.     .  .   ,     . . .
  The original signatories to the Agreement were Bolivia , ' Chile , Colombia ,
 Ecuador and Peru ; Venezuela acceded in 1973 and Chile withdrew in 1976 .
  The integration of the Andean sub–region extends also to finance ar.d , for
  this purpose , the Andean Development Corporation (ADC ) was set up in 1968
  and the Andean Reserve Fund in 1976 .
2
  The dismantling of tariff barriers is due to be completed by 31 December 1983
  and a common external tariff will enter into force for Colombia , Peru and
  Venezuela ; the date fixed for Bolivia and Ecuador -is 31 December 1988 .
 ---pagebreak---   harmonization of economic and. social policies , and so forth . -One of the
  striking features of Andean integration has been the preferential treatment ,
  specified in the Agreement , for Bolivia and Ecuador , the two countries
  least economically developed in relative terms , and in particular the
  special support programme for Bolivia , which comprises a series of measures
  to promote the country* s development .
  By their solemn endorsement of these objectives in the Cartagena Mandate , the
  five Heads of State have sought to give fresh impetus to the integration
  process which , in recent years , has encountered various difficulties . The
  Mandate also gives high priority to the Andean Group 's external relations .
  (notably the development of relations with other organizations grouping' .
  countries pursuing integration) and states the need for increasing political
  cooperation within the* Group .
                                                                           s
  It is within this context that the Andean Group is currently activating its
  external relations and seeking to establish closer ties with the Community .
  2.  Basic data
  The combined land area of the member countries of the Andean Group
  is 4*7 million . sq . km , ( more than three times the area of the Community), and ,
  the population of over 70 million , whose life expectancy is 61 years , is
  growing at the rate of 2>% per year ; 10% of the population , i.e. 50 million
  persons , are below 30 years of age ; 65% are town-dwellers ; infant mortality
  is 71 f°o. 23 million persons make up the economically active population .
  Per capita income in 1977 was ^1 100 (but income in Venezuela is four
• times that in Bolivia).
 ---pagebreak--- The Andean Group is the developing world 's seventh largest producer
( after India , Saudi Arabia , Iran , Brazil , the ASEAN countries and Mexico ).
In trade , as an importer and exporter , the Group ranks fourth among
developing countries ( after Saudi Arabia , the ASEAN countries and Iran),
                                               1
It is a major supplier of raw materials •          The five Andean countries -
produce petroleum and one of them ranks among the -world 's leading
producers and exporters of petroleum#
In 1977 "the Andean Group 's external trade amounted to $31 000 million ,
with a trade surplus of $63 million; in 1978 the figure for external
trade was $32 800 million , and there was a slight trade deficit of
$53 million. Trade with the EEC – the Group 's second largest trading
partner after the USA – was $5 600 million in 1977 and $6 100 million
in 1978 ; in 1977 "the Andean Group 's deficit was $1 J00 million and in
1978 $1 600 million.                     "
                                             ι
The Group also had a trade deficit with the USA in 1977 ( $324 million )
and a large deficit with Japan ( $1 400 million), due principally to the
fact that imports from Japan accounted for 11.5$ of all the Andean Group 's
imports whereas Japan took barely 2,5% of the Group 's exports .
Net private foreign investment in the member countries of the Andean Group
by DAC countries in 1977 was of the order of $400 million ( one fifth of
total investments in Latin America), of whioh $354 million oame from the
USA2.                                      -                '
                             t                                          - '
  The Andean Group possesses particularly large mineral resources :         copper ,
  iron , zinc , tin , gold , silver , molybdenum , tungsten and antimony.
2.      ..    .  ..   _  .      -
  According to the Junta , as of 1977 total foreign investment in the
  Andean Group added up to $8 000 million distributed as follows :
 Venezuala $3 600 million; Perù $2 000 million; Colombia $1 400 million,
  Ecuador $380 million; Bolivia $120 million; $1 800 million of the total
  investment went to the industrial sector .                    *
 ---pagebreak--- Ill *    Relations with the EEC
The EEC is therefore the Andean Group 's second largest customer and
supplier ( even if trade with the sub-region accounts for barely 1.4$
of the Community * s external trade ) 1 , and the second largest source
of investment (despite the fact that, Community investment in the
sub–region has never exceeded 8$ of all foreign investment in "
Latin America) 2 • -
           y            r
With regard to the structure of EEC imports from the Andean Group , the
largest item ( approximately 50$) consists of agricultural products ? '
next in order is petroleum and petroleum by-product s^followed by mineral
products .     Certain items imported from the sub-region represent a
significant proportion 6f the Community 's imports of that item from all •
sources , notably : bananas ( 20$), coffee ( 12%), copper matte ( 20$),
lead ore ( 14$), zinc ore and concentrates ( 1?$)» "tin ore and concentrates
(45$) * tungsten ore and concentrates (8$), ores and concentrates of
non-ferrous metals ( 6$).
  The . EEC has traditionally had a trade deficit with the Andean Group
  ( except for a slight surplus in 1973 and 1975 ) » since 1977 » however ,
  the deficit has been replaced by a significant ^surplus due to the
  sharply increased deficit recorded by Venezuala , which , apart from
  Ecuador , is the only member of the Group traditionally to run a trade
 deficit with the Community.                                /■      '
 With Latin America as a whole , the EEC has continued to have a deficit
  trade balance except in 1974 and 1975 *
  Prom 1970 to 1977 , in SlEC trade with Latin America , the Andean Group 's
  share of EEC imports fell from 39*2$ to 18.7$ -and of EEC exports rose *
  from 30.7$ to 36.7$.                           .
2
  Net private direct investment by the EEC in the Andean Group amounted
  to S&6 million in 1977 *
 ---pagebreak--- Two member countries of tjje Andean Group, Colombia and Peru, have concluded
voluntary restraint agreements with the Community on trade in textile
products ;    negotiations are soon to be opened with Bolivia for the
conclusion of a similar agreement .             _
With regard to generalized preferences , the Andean countries seem a long
way from making full use of the opportunities offered by the system .
The de facto     cooperation links between the Community and the Andean Group ,
for instance between the Commission and the Junta , have certainly shown
good results over the years in the areas in which cooperation has been
possible - such ass                     -     .
( a) trade promotion;
( b ) training and technical assistance aimed at promoting regional
      integration, especially schemes - undertaken in conjunction with the
                         ^                                           Â .    ■
      Junta ;
                                            1
( c ) financial and technical assistance .          '
It is felt , nevertheless , that an institutional framework is needed and
that more precise objectives should be fixed commiting the two parties .
The conclusion of a framework economic and trade cooperation agreement
would meet this need.                             ,
1
  Aid channelled to the Andean countries ( either individually, or through
  the Junta, or through bodies operating on a continental scale) amounts
  to over 20 million EUA, which represents approximately        of aid for
  the whole of Latin America .            ' '
 ---pagebreak---                                           - 7 -
 IV.       Proposal for a cooperation agreement
 In the light of the foregoing, the Commission affirms that it is in the
 general interest of the Community to open negotiations with the
 Andean Group with a view to the conclusion of a framework cooperation
                                                                          *
 agreement which :
     ( i ) would "be non–preferential ,
                                                   ' *
   ( ii ) would be of an evolutive nature and not exclude in advance any-
            field of Community competence,
 ( iii ) would take account of the level of development of the member countries
          ; of the Andean Group,.
   ( iv) would include application of the most-favoured-nation clause ( while
            taking account of the faot that only Peru, and Colombia provisionally,
            are currently members of . the GATT ),
                        " .                                     .      .    .
     ( v) would aim to consolidate, intensify and diversify trade relations
            between the two regions ,
   ( vi) would, lay the foundations for economio cooperation in all fields
                                             1
            deemed desirable by the Parties .
 The Andean Group has indicated the need for financial cooperation to
 enable the objectives of economio cooperation to be achieved. In the view
of the Commission the Community could take these wishes into consideration in
the context of the financial resources, avai lable for Non-Associate developing
countries .
 For the Andean Group the conclusion of such an' agreement would meet with
 its repeatedly expressed wishes to establish closer links with the
 European Community with the<aim of improving the balance of its external
 relations, and -Wius constitutes a political as well as an economic
 priority.
   A separate protocol extending the provisions of the agreement to fields
    covered by the ECSC would be annexed to the agreement .
 ---pagebreak---                                   - 8 -
On the pari: of the Community , the agreement would demonstrate - particularly
following the conclusion of the Cooperation Agreement with the ASEAN countries -
that the Community is willing to diversify 1 its cooperation with the Third World
countries and that it considers the Andean Group a natural partner , particu lariy
in view of the similarities in their integration processes .
  During the exploratory talks , the representatives of the Andean Croup
  made it known that they wished the Group to participate as such in the *
  conclusion of the agreement .   Given that in international law the capacity
  of an international organization to conclude agreements is determined "by
  the relevant rules of that organization , and by its own practice , and
  taking into account the fact that the Andean Group recently concluded
  with the United States a trade agreement which was signed by the
  President of the Commission of the Cartagena Agreement and "by the        N
  representatives of the five member countries , the Commission considers
_ that there are no grounds for excluding the possibility of an agreement
  which , on the Andean Group side , would be a "mixed-type" agreement in
  the Community sense of the' term .
  The Commission believes that it is in the interests of the Community
  to encourage the process of integration already begun within the
  Andean Group . This solution would therefore combine two advantages :
  first , recognition that the Andean Group as such is entitled to conclude
  agreements , and second , the legal certainty provided by the participation
  of the member countries of the Group that undertakings will be honoured .
  The Commission therefore recommends that the Council :
          authorize the opening of negotiations with the Andean Group
          with a view to the conclusion of a cooperation agreement ,
          adopt the negotiating directives annexed hereto .
 ---pagebreak---            Recommendation for a' Council Decision authorizing the
         opening of negotiations with the Andean Group (Bolivia ,
                  Colombia , Ecuador , Peru and Venezuela)
  THE COUNCIL OP THE EUROPEAN COMMUNITIES ,      -
- Having regard to the Treaty establishing the European Economic Community ,
  Having regard to the Commission Recommendation ,                               .
  Whereas negotiations should be opened with the Andean Group (Bolivia ,
  Colombia , Ecuador , Peru and Venezuela) with a view to the conclusion
  of a cooperation agreement ,      '        ■ '
      V
• HAS DECIDED AS FOLLOWS :   '
                              t   Article 1
  The Commission is hereby authorized to open negotiations with the Andean Group
  (Bolivia , Colombia , Ecuador , Peru and Venezuela ) with a view to concluding
  a cooperation agreement between the Community and the Andean Group .
                                  Article 2
  The Commission shall conduct these negotiations in accordance with the
  negotiating directives annexed to this Decision and in consultation with
  the representatives of the Member States .                     v               „
  Done at Brussels ,         *
                  -             '          "        \       '■     '      . "
                                               For the Council
                                                          S    L
 ---pagebreak---                                                                   ATOÏEX I
                         FSGOTIATIKG DIRECTIVES
A.  NATURE OF THE AGREERENT
                                                   /  '                   . -
1.  Scope              .
The object of the negotiations is the conclusion of a framework
cooperation agreement between the European Economic Community and the
Andean Group . The agreement will be non-preferential ,
2.  Evolutive nature
                                                    >           '
The agreement should be of an evolutive nature and flexible in order to
allow for adjustment to changes in the political and economic development
of the contracting parties .    No potential field of economic cooperation
within the sphere of Community competence should be excluded in advance ,
the parties to the agreement intending to explore jointly , within the
Joint Committee , ai?y specific opportunities for cooperation .
                           i
Durât ion
The agreement will run initially for five years ; it will then be renewable
tacitly for periods of two years , unless terminated "by one of the parties .
B.  CONTENT OF THE AGREEMENT
1.  Preamble
It will be recorded in the preamble that the agreement is concluded between
equal partners , account being taken of the different levels of development
of the contracting parties and of the nature of the Andean Group as an
economic integration entity .
 ---pagebreak---                                     - 2 -
                                                                    AÎJÎ7EX I
2.    Most–favoured-nation clause        .                             - *
The most-favoured-nation clause should be inserted in the agreement ,
account being taken of the fact that the majority of the Andean Group
member countries are not yet members' of the GATT .                             ,
3.    Commercial cooperation                      _          .
The parties undertake to promote the development and diversification of trade
between them to the extent that their respective economic situations permit .
The parties undertake also to :
   ( i ) study ways and means of overcoming trade barriers ( in particular
        _ existing non-tariff and quasi tariff barriers ) taking into account
          the work of international organizations ;   -
  (ii) seek means of bilaterdl and multilateral cooperation in order to resolve
                                           ei-               ~
          common trade problems , including those related to commodities ;
( iii ) use their best endeavours to grant each otfter the widest, facilities for
          commercial transactions ;
  (iv) take fully into account their respective requirements and interests "
          arising from the need for improved access to their markets for raw
          materials SLnd semi-manufactured and manufactured products as well as
          from the processing of mineral- resources :
 ---pagebreak---                                     - 3 -                             AÎ7ÎÏEX T
    ( v ) bring together economic operators in the two regions with the . ■
           aim of creating new trade flows ;
                                     4.                                   /
  (vi )    study and recommend trade promotion measures likely to encourage
           the expansion of imports and- exports ;       (
(vii )     seek in so far as possible the other contracting party 's views
           on measures which could have an adverse effect on trade between
                                                                        »
           the two regions . , '                                        *
4«     Economic cooperation                        ' , •
                                                    ■Τ
The Parties , taking account of their mutual interests and in accordance
with the long-term objective^ of their economies , will undertake to set up
economic cooperation which , within the limits of their responsibilities ,
should not exclude any fieic1 in advance .
Such cooperation would , in particular , cover the following fields :
    (i )   industrial development ;
  ( ii )   development of agriculture and the agricultural processing industry
( iii )    scientific and technological development ;
  ( iv )   infrastructure ;
It must aim inter alia to :
(i )     promote the development of industry in Europe     and the Andean
         subregion :
 ---pagebreak---   ( ii ) encourage technological and scieritific progress ;
( iii )  open up new sources of supply and new markets ;
  ( iv ) create new employment opportunities ;
    (v ) help generally to develop the economies of the countries .
         concerned and raise the standard of living ;
                              t
  (vi )  encourage regional development ; ,
(vii )   protect and improve the environment .
As means to such ends , the contracting parties will as appropriate seek
to encourage and facilitate in particular :
    (i ) the exchange of information relevant to economic cooperation as
         well as the development of contacts    and promotion activities
         between firms and organizations in both regions ;
           s.
  ( ii ) closer links "between their respective industries , including
         mining , notably in the form of joint projects ;              -  '
( iii ) cooperation in the fields of science and technology ," environment ,
                                s ■               •
         transport and communications ,, agriculture , fisheries and forestry ;
  ( iv ) cooperation in the field of energy , including the development of
         new energy sources , taking into account work of the same nature by
         international organizations ;
    (v ) mutual recognition of the need to maintain and improve further the
         favourable investment climate , in particular through agreements
         aimed at investment promotion and protection ;
 ---pagebreak---    ( vi ) cooperation with and in non-member countries ;
   Cvii ) financial cooperation to enable the Community 's contribution to the
          development of the Andean group to be intensified in the context of,
                   ft
          the programmes which the Community is applying to Non-Associate developing
          countries ;
 ( viii ) cooperation between sources of finance in the two regions
                /
C. INSTITUTIONS'
A Joint Cooperation Committee will be set up to facilitate the implementation
of the Agreement ; its task will be in particular to promote and keep under review
                                              1
the various cooperation activities envisaged .
D. TERRITORIAL CLAUSE
E. AUTHENTIC LANGUAGES 1
                              ι
F. OTHER AGREEMENTS
 It was not considered necessary to specify in the negotiating directives that
 the Joint Committee may, if necessary, set up subcommittees, since in the
 event the customary procedures will apply .
 ---pagebreak---                                                                      AMEX TT
               Protocol to "be concluded between the European Coal
               and Steel Community and the Member States thereof
               and the Andean Group (Bolivia , Colombia , Ecuador ,
                                Peru and Venezuela )
"The provisions of the Cooperation Agreement between the European Economic
Community and the Andean Group (Bolivia , Colombia , Eduador , Peru and
Venezuela ) shall also apply in the field covered by the Treaty establishing
the European Coal and Steel Community ."
                    %                       .   ^
                                                *


Avis juridique important

|

52004PC0548

Recommendation for a Council Decision on the opening of the negotiations on an agreement concerning monetary relations with the Principality of Andorra  /* COM/2004/0548 final - CNB 2004/0184 */

Recommendation for a COUNCIL DECISION on the opening of the negotiations on an agreement concerning monetary relations with the Principality of Andorra(presented by the Commission)EXPLANATORY MEMORANDUM1. GENERALOn 11 May 2004, the Council adopted Decision No 548/04 on the position to be taken by the Community regarding an agreement concerning the monetary relations with the Principality of Andorra. Article 8 of this Decision provides that the negotiations with Andorra on the monetary agreement shall be opened as soon as the Council has agreed, on a recommendation from the Commission, that the necessary conditions have been fulfilled. These conditions are linked, in particular, to the prior initialling by both parties of the agreement on the taxation of income from savings, as well as the undertaking by Andorra to conclude such agreement before a date to be agreed with the Community.2. FULFILMENT OF THE NECESSARY CONDITIONSThe Commission considers that the conditions have now been met. Firstly, the agreement providing for measures equivalent to those laid down in Council Directive 2003/48/EC on the taxation of savings income in the form of interest payments has been initialled in Brussels on 1 July 2004. Secondly, the Principality of Andorra has notified the Commission in writing (verbal note of 1 July 2004 from the Ambassador of the Principality of Andorra to the Community, Mrs Meritxell Mateu) that it intends to ratify this agreement before 30 April 2005. The Commission therefore recommends the adoption by the Council of a Decision authorising the opening of negotiations on monetary matters with Andorra.3. THE COMMISSION'S RECOMMENDATION FOR THE OPENING OF NEGOTIATIONSThe Commission's Recommendation is based on Article 8 of Council Decision No 548/04 on the position to be taken by the Community regarding an agreement concerning the monetary relations with the Principality of Andorra. The procedure for the adoption of this Recommendation by the Council is laid down in Article 111(3) of the Treaty, which constitutes the legal basis for monetary agreements between the Community and third countries. This article provides for adoption by qualified majority and after consultation of the ECB. By virtue of Article 122(5) of the Treaty, only the Member States belonging to the euro area are allowed to vote, while qualified majority is defined as two-thirds of the votes weigthed in accordance with Art. 205(2) of the Treaty.The draft Council Decision establishes that the necessary conditions for the opening of the negotiations with Andorra on an agreement on monetary matters have been fulfilled. The adoption of this Decision by the Council opens the way for the opening of the negotiations.If the agreement on the taxation of income from savings has not been ratified by Andorra before the agreed date, the negotiations on the monetary agreement shall be suspended until such conclusion has taken place as laid down in Art 8 of Council Decision No 548/04 of11 May 2004.2004/0184 (CNB)Recommendation for a COUNCIL DECISION on the opening of the negotiations on an agreement concerning monetary relations with the Principality of AndorraTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Decision (EC) No 548/04 of 11 May 2004 on the position to be taken by the Community regarding an agreement concerning the monetary relations with the Principality of Andorra [1], and in particular Article 8 thereof;[1]  OJ L244 of 16.7.2004 (p.47-49)Having regard to the Recommendation of the Commission, [2][2]  OJ C [...] [...], p. [...]Having regard to the Opinion of the European Central Bank, [3][3]  OJ C [...] [...], p. [...]Whereas:(1) The opening of the negotiations on an agreement with the Principality of Andorra (hereinafter, "Andorra") on monetary matters should be conditional upon the fulfilment of the necessary conditions. The prior initialling by both parties of the agreement on the taxation of income from savings, as well as the undertaking by Andorra to ratify such agreement before a date agreed with the Community, should form part of those conditions.(2) Andorra and the Commission have proceeded on 1 July 2004 with the initialing of the agreement providing for measures equivalent to those laid down in Council Directive 2003/48/EC on the taxation of savings income in the form of interest payments;(3) By virtue of the verbal note from the Ambassador of Andorra to the Community of1 July 2004, Andorra has undertaken to ratify such agreement before 30 April 2005. This date is acceptable to the Community.(4) The absence of ratification by Andorra, before the agreed date, of the agreement on the taxation of income from savings should result in the suspension of the negotiations on the monetary agreement until such ratification has taken place.HAS DECIDED AS FOLLOWS:Sole ArticleThe necessary conditions for the opening of the negotiations with the Principality of Andorra on an agreement on monetary matters, as laid down in Article 8 of Council Decision (EC)N° 548/04 on the position to be taken by the Community regarding an agreement concerning the monetary relations with the Principality of Andorra, have been fulfilled.The Commission shall inform the Principality of Andorra of the Community's readiness to conclude an agreement on monetary matters and it shall propose negotiations for such an agreement.Done at Brussels,For the CouncilThe President


RECOMMENDATION FOR A COUNCIL DECISION ON SIGNATURE AND CONCLUSION OF THE INTERNATIONAL AGREEMENT OF 1986 ON OLIVE OIL AND TABLE OLIVES