title: Recommendation for a DECISION OF THE COUNCIL authorizing the Commission to negotiate in the name of the European Economic Community to revise the Customs Convention on the International Transport of Goods under cover of TIR carnets (TIR Convention) of 15 January 1959 (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 541
Vol. 1973/0105
 ---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(73 ) 541 final
                                              Brussels , 11 April 1973
                              Recommendation for a
                            DECISION OP THE COUNCIL
              authorizing the Commission to negotiate in the name
              of the European Economic Community to revise the
              Customs Convention on the International Transport
              of Goods under cover of TIR carnets ( TIR Convention )
              of 15 January 1959
                ( submitted to the Council by the Commission)
   COM(73 ) 541 final
 ---pagebreak---                                     EXPLANATORY NOTE
Introduction
      The panel of experts on customs problems in transport , - jorking under the
auspices of the Inland Transport Committee of the Economic Commission for
Europe , the regional agency of the UN which administers the TIR-Convention ,
has decided on a general revision of that Convention , which dates back to
1959 and needs to be thoroughly brought up to date . This is no longer
possible simply by adding further resolutions to the present Convention.
      The Group of Rapporteurs appointed to the panel of customs experts has
been asked to draw up a revised text of the basic provisions of the Convention
aJid has already started work. When this is completed, it is likely that
a Conference will be called to revise the Convention .
      Nature of the présent Convention
      The Customs Convention on the International Transport of Goods under
cover of TIR carnots is basically a convention establishing an international
customs regime for the transit of goods transported by road, and as such
takes its plaoe among the international measures of the last ten years to
promote the harmonious development of world trade .
      Traeportation is carried out under cover of a special document , called
the "TIR carnet 7' , which enables the goods to cross successive frontiers .
    ■ T-Iii crrnets ore issued by . Associations in each country Party to the
Convention , and guaranteed jointly and severally by the issuing Association
with corresponding Associations in the other countries .
     Vehicles and containers must , before use , be approved for sealing by the
Customs authorities of one Contracting Party and for this purpose must
conform to certain technical specifications as regards construction.
  TTi-.r their contents h . v= be-en inspected; they sh .11 be se ,led by the
Offio-i of dw-p -jrture rad, er.vo where malpractice is suspected, dispatched
to the cuctOEie, office of destination without und^r&oing ?-.t the
vo.riour frontier custorr.s offices on route      ny further inspection
other th:ji checking th-t the customs seals _r .re intact,'
At each Customs point , vouchers must be detached from the TIR Carnet in
respect of the taking on charge or discharge of- the carnet by the Customs
authorities of the country over whose territory the goods have been trans
ported.
 ---pagebreak---                                          - 2 -
  Aim and extent of the proposed revision        •
         The Convention is to be brought up to date to make it more "competitive 5'
  with other more liberal transit arrangements , in particular the Community
  transit arrangements , by
  1.     reducing the liability of guarantor associations , on the one hand by
         fixing a ceiling for the guarantee per TIR carnet aiid on the other
         by removing their liability to cover the pecuniary penalties incurred
         by the holders
  2.     adapting the procedures of approval for customs sealing to certain neri
         techniques of transport , such as container transport 5
  3 . . by creating a certain form of administrative cooperation between the
       . States , Parties to the Convention.
  All the Member States of the Community are Parties to the 1959 Convention.
  The question arises whether the ilember States are now entitled, either
  individually or collectively, to negotiate the revision of the TIR Convention .
  The Commission considers that this question should be answered in the
  negative .
  Exclusive power of the Community to negotiate the revision of the TIR
  C onvention
          Firstly , this Convention , the purpose of which is to facilitate the
  international transport of goods by road vehicle , contributes , in accordance
  with the common interest , to the Commissions development of world trade .
  In that respect it is worth noting that the Member States possess a very
  large fleet of TIR approved road vehicles. Thus , this Convention , apart
  from its purely oustons purposes , bears on matters which come within the
  scope of the common commercial policy.
          Secondly , this is a field which is already subjeot to Community rules .
Indeed, Community transit procedures introduced under Council Regulation
  (ESC ) N O 542/69^^ of 18 March 1969 on Community transit have been in force
since 1 January 1970. These procedures are designed in particular to avoid
the succession and duplication of national procedures and formalities at
  common frontiers and to make sure that Community goods move within the
Customs territory of the Community under conditions approaching those which
govern the movement of goods within the territory of a Member State . For that
reason these procedures should in principle apply to all movements of goods
within the Community. While it is clearly in the interests of users that
( 1 ) OJ L 77 , 29 March 1969 , p.l
 ---pagebreak--- they should be able to continue using the TIR procedures for transport
operations starting or ending outside the Community , it is at the same
time essential that the principle contained in Article 38 of the present
Convention be maintained , so that the Community can prevent the TIR
procedure being used for the carriage of goods by road between two points
within the Community.
    Thus the Community customs provisions relating to transit contribute to
the achievement of the free movement of goods and constitute a principal
instrument of the customs union .
    If commitments are to be entered into under which the scope of the
Community rules on transit may be reduced , then the only bodies competent
to enter into such commitments are the Community Institutions .
   Article 39 of the present Convention will require alteration to enable
the Community to become a Contracting Party.
   For this purpose , the following formula , taken from the model used in
various international agreements on primary products concluded under the
auspices of the United Nations , could be used;
"Any reference in the Convention to a "lumber^:St' ate " shall be deemed to
be also valid for the Suropean Economic Community. Consequently any refe
rence in the Agreement to " signature 11 of the Agreement , " deposit " of an
instrument of ratification , acceptance , approval or accession by a govern
ment shall be deemed to allow signature in the name of the Community through
its competent authority as well as the deposit of the instrument required
by the Community institutions for concluding an international agreement ."
Basis in lav;
   The fact that the Convention under revision is one previously signed
by the Member States should in no way prevent the Community from partici
pating: in that revision . It must be recognized that , as regards those
matters in respect of which it has taken over the powers of the Member
States , the Community has succeeded those Member States as Contracting
Party to the Convention. Clearly those powers will not take effect merely
at the moment the Conference on the revision of the TIR Convention begins ,
but will entitle the Community to participate in all the preparatory work
which in irternational practice precedes the opening of negotiations, This
presupposes admittedly that , for the purposes of negotiation , the Community
be granted a higher status within the various working parties than that of
simple observer . Precedents could be found for this purpose in the formulas
 ---pagebreak---                                   - 4 -
which have been used for various, international agreements on primary
products concluded under the auspices of the United Nations in which the
Community has "been allowed to participate .
    In view of the common commercial policy aspects of the revision of the
TIR Convention , Article 113 of the E3C Treaty would seem to constitute the
most suitable basis for negotiating and concluding that Convention .
Conclusion
    The Commission recommends that the Council , acting under Article 113
of the Treaty , authorize it to negotiate the revision of the 1959 Customs
Convention on the International Transport of Goods under cover of TIR
Carnets .
    For this purpose the Commission draws the attention of the Council to
the need to make the necessary approaches to the Secretariate of the United
Nations with a view to obtaining an invitation for the Community to parti
cipate with full voting rights in the Conference on Negotiations for the
Revision of the TIR Convention .
 ---pagebreak---                        Recomir eniat a on
                  for a Decision of the Council
              authorizing the Commission to negotiate in the
          name of the European Economic Community to revise the
      Customs Convention on the International Transport of Goods
          under cover of TIR carnets ( TIR Convention ) of
                         15 January 1959
THE COUNCIL OF THE EUROPEAN COIIMUNITISS ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 113 thereof §
Having regard to the recommendation from the Commission !
Whereas tne Customs Convention on the International Transport of
Goods under cover of TIR Carnets ( Tir Convention ) is designed to
facilitate the international transport of goods by road vehicles ^
Whereas preparatory work on the revision of that Convention has been
started in Geneva by the United Nations Economic Commission for
Europe ( ECE ) with a view to calling a conference later on to carry
out a general revision of that Convent ionj
HAS DECIDED AS FOLLOWS :
                                Article
The Commission is authorized to negotiate f m the name of the
Community , within the framework of the United Nations Economic
Commission for Europe ( ECE) with a view to the revision of the
Customs Convention on the International Transport of Goods under
cover of TIR Carnets ( TIR Convention ).
Per the purpose of this Decision the Commission shall be assisted
by the Special Committee provided for in Article 113 of the Treaty.


title: RECOMMENDATION FOR A COUNCIL DECISION concerning negociations for the Community as such to accede to the Convention on International Trade in Endangered Species of wild Flora and Fauna (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 713
Vol. 1976/0211
 ---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)713 final.
                                     Brussels . 3 January 1977 *
                  RECOMMENDATION FOR A COUNCIL DECISION
  concerning negociations for the Community    as such to accede to the
  Convention on International Trade in Endangered Species of wild Flora
                               and Fauna
              ( submitted to the Council "by the Commission)
  CCM(76) 713 final
 ---pagebreak--- 1. A major method of protecting wild species of flora and fauna threatened
   with extinction is the strict restriction and control of international
   trade in animals and plants of these speoies and products obtained
   from them#
   The Washington Convention of 3 March 1973 meets this requirement .
   It aims to safeguard some eight hundred species of wild flora and fauna
   by reducing commercial pressures leading to their capture and
   destruction.
   The Convention came into foroe on 1 July 1975*      By 1 December 1976 all
   nine Member States of the Community had signed the Convention and two
   had ratified it . In the remaining Member States the ratification
   procedure is in progress .
2. For the purpose of protecting such species the Convention uses
   instruments of commercial policy such as bans , restriction or control
   of imports and exports of the products in question. Henee , under the
   Convention , the various trading operations in these species and in
   products obtained from them (importation, exportation, re-exportation
   landing from the sea)are subject to a licensing system, under which the
   granting of permission is related to the rarity of the speoies and to
   their ultimate commercial use .    The Convention requires each
   contracting party to designate an authority empowered to issue licences*
3. Varying applications by the Member States of this complex system could
   create barriers cto trade and distorsion of competition at the
   Community level due to the differing degrees of strictness with which
   the Conventions provisions are enforced, in particular those oonoerning
   the ident ificat 6pn pf the s^eo^msBspfiftthese speoies and produots obtained
   from them.
 ---pagebreak---     Par from being purely theoretical , these problems could have an
    economic impact of undoubted importance , since produots such as skins ,
    leather and furs are generally of high value .
4»  The application of the Convention falls within the Community's
    competence to a very ISuige extent tinder Article 113 of the ESS Treaty.
    It follows that the Member States should not separately undertake to
    apply the whole range of measures covered by the Convention and that
    the Community should also beoome a contracting party and participate in
    the administration of the agreement .    Furthermore , by approving the
    environment programme of the European Communities for the period
    1977-81 1 the Counoil acknowledged this situation.
                                *    *    *
Therefore the Commission reoommends the adoption of the attaohed draft
decision to the Council .
 ---pagebreak---                             RECOMMENDATION FOR A
                             COUNCIL DECISION OP
The Council of the European Communities
Having regard to the Treaty establishing the European Economic Community,
and in particular to article 113 thereof ,
Having regard to the recommendation of the Commission,
1 * Considering the Council Resolution of 9 December 197 6 on "the
    continuation and implementation of a European Community policy and
    action programme on the environment ;
2,  Whereas that programme emphasizes that the whole Community is concerned
    with the protection of wild flora and fauna and that the application of
    the Convention on international trade in endangered species of wild
    flora and fauna is an important measure for protecting them ;
3.  Whereas , to achieve its objectives , that Convention resorts mainly to
    measures of commercial polioy by imposing restrictions and strict
?   control of international trade in animals and plants of endangered
    species and^ products obtained from them;
4*  Whereas the existence in the Member States of non–harmonized
    implementing measures might produce distortions of competition and
    barriers to trade within the Community;
5«  Whereas the accession of the Community as such to this Convention is
    necessary for the foregoing reasons and taking into account the
    competence of the Community in this field;                t
Has adopted this decision :
 ---pagebreak---                                 Single Article
  The Commission is hereby authorized to open negotiations with a view to
  the accession of the Community to the Convention on International Crade
  in Ihdangered Species of Wild Flora and Fauna.
  The Commission shall conduct these negociations in consultation with the
. Special Committee referred to in article 113 of the iSEC Treaty and in
  accordance with any directives which the Council may issue to it .


RECOMMENDATION FOR A COUNCIL DECISION ON THE CONCLUSION OF THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE KINGDOM OF MOROCCO FIXING THE ADDITIONAL AMOUNT TO BE DEDUCTED FROM THE LEVY ON IMPORTS INTO THE COMMUNITY OF UNTREATED OLIVE OIL, ORIGINATING IN MOROCCO, FOR THE PERIOD 1 NOVEMBER 1987 TO 31 DECEMBER 1990


Avis juridique important

|

52004SC0810

Recommendation for a Council Decision on the existence of an excessive deficit in Malta  /* SEC/2004/0810 final */

Recommendation for a COUNCIL DECISION on the existence of an excessive deficit in Malta(presented by the Commission)EXPLANATORY MEMORANDUMOn 7 April 2004, the Commission published its Spring 2004 forecasts [1]. According to these forecasts, which took into consideration data reported by Malta in March 2004, the general government deficit in Malta increased from 5.7% of GDP in 2002 to 9.7% of GDP in 2003 (of which 3.2% of GDP was due to one-off operation), thus exceeding the 3% of GDP Treaty reference value.[1]  The Commission Spring 2004 forecast is available at the following website: http://europa.eu.int/comm/economy_finance/publications/european_economy/2004/ee204en.pdf.Based on this prima facie evidence, the Commission initiated the excessive deficit procedure for Malta on 12 May 2004, with the adoption of the report foreseen in Article 104(3) of the Treaty [2]. On 21 May 2004, the Commission received the convergence programme of Malta, which confirmed a deficit figure of 9.7% of GDP for 2003.[2]  The full text of this report is available at the following website: http://europa.eu.int/comm/economy_finance/about/activities/sgp/procedures_en.htm.The application of the excessive deficit procedure (EDP) is governed by Article 104 of the Treaty and by Council Regulation (EC) No 1467/97 "on speeding up and clarifying the implementation of the excessive deficit procedure", which is part of the Stability and Growth Pact [3]. Countries that joined the EU on 1 May 2004 are Member States with a derogation and are to avoid excessive deficits, but sanctions according to Article 104 (9) and (11) cannot be imposed on them.[3]  OJ L 209, 2.8.1997.The Commission report according to Article 104(3) of the Treaty concluded that the excess of the deficit in 2003 over the 3% of GDP Treaty reference value did not result from an unusual event outside the control of the Malta authorities, nor was it the result of a severe economic downturn in the sense of the Stability and Growth Pact. Concerning developments in 2004, the report concluded that the general government deficit is likely to decrease but remain above 3% of GDP in 2004. In particular, the Commission Spring 2004 forecast is for a general government deficit of 5.9% of GDP in 2004, which is above the 5.2% of GDP projected by the Maltese authorities in the convergence programmeBased on the Commission Spring 2004 forecasts, the Commission report also concluded that the debt-to-GDP ratio, which had reached 72.0% of GDP in 2003, will further deviate from the 60% reference value of the Treaty in 2004. In particular, the Commission Spring 2004 forecast projects the debt ratio to reach 73.9% of GDP in 2004, which is above the 72.1% of GDP projected by the Maltese authorities in the convergence programme.Article 104(4) of the Treaty states that "the Committee provided for in Article 114 (i.e. the Economic and Financial Committee) has to formulate an opinion on the report of the Commission". The Committee issued its opinion on 24 May 2004, subscribing to the assessment made by the Commission in its report. In particular, the Committee concluded that the budgetary situation in Malta indicated the existence of an excessive deficit under both criteria foreseen by Article 104(2) for the identification of such deficits. Consideration of other relevant factors, in particular the medium-term budgetary position and the public investment ratio, did not change the assessment based on the criteria themselves. The Committee also considered as likely that the general government deficit would continue to exceed the Treaty reference value in 2004, and that general government gross debt would further rise above the Treaty reference value of 60% of GDP in 2004.The Commission, having examined the relevant factors taken into account in its report and having regard to the opinion of the Committee, is of the opinion that an excessive deficit exists in Malta. This opinion, adopted by the Commission on 24 June 2004, has been addressed to the Council, according to Article 104(5) of the Treaty. The Commission recommends that the Council shall decide accordingly, in conformity with Article 104(6) and herewith addresses a recommendation for a decision to that effect. In addition, the Commission is submitting to the Council a recommendation for a Council recommendation to be addressed to Malta with a view to bringing the situation of an excessive deficit to an end, according to Article 104(7) of the Treaty.Recommendation for a COUNCIL DECISION on the existence of an excessive deficit in MaltaTHE COUNCIL OF THE EUROPEAN UNIONHaving regard to the Treaty establishing the European Community, and in particular Article 104(6) thereof,Having regard to the recommendation from the Commission [4],[4]  OJ C [...]Having regard to the observations made by Malta,Whereas:(1) According to Article 104 of the Treaty Member States are to avoid excessive government deficits; this applies also to Member States with a derogation, the case of all countries that joined the EU on 1 May 2004;(2) The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation;(3) The excessive deficit procedure under Article 104 provides for a decision on the existence of an excessive deficit and the Protocol on the excessive deficit procedure annexed to the Treaty sets out further provisions relating to the implementation of the excessive deficit procedure. Council Regulation (EC) No 3605/93 [5], amended by Council Regulation (EC) No 475/2000 [6] and by Commission Regulation (EC) No 351/2002 [7], lays down detailed rules and definitions for the application of the provision of the said Protocol;[5]  OJ L 332, 31.12.1993, p.7.[6]  OJ L 058, 3.03.2000, p. 1.[7]  OJ L 055, 26.02.2002 p. 23.(4) Article 104(5) of the Treaty requires the Commission to address an opinion to the Council if the Commission considers that an excessive deficit in a Member State exists or may occur. Having examined all relevant factors taken into account in its report in accordance with Article 104(3) and having regard to the opinion of the Economic and Financial Committee in accordance with Article 104(4), the Commission concluded in its opinion of 24 June 2004 that there exists an excessive deficit in Malta;(5) Article 104(6) of the Treaty lays down that the Council should consider any observations which the Member State concerned may wish to make before deciding, after an overall assessment, whether an excessive deficit exists;(6) The overall assessment leads to the following conclusions. The general government deficit reached 9.7% of GDP in 2003 in Malta (of which 3.2% of GDP was due to one-off operation), above the 3% of GDP Treaty reference value. The excess of the general government deficit over the reference value did not result from an unusual event outside the control of the Maltese authorities, nor was it the result of a severe economic downturn, in the sense of the Stability and Growth Pact. The general government deficit will remain above 3% of GDP in 2004. In particular, according to the Commission Spring 2004 forecast, the deficit is projected to reach 5.9% of GDP in 2004, while the convergence programme of Malta projects a deficit of 5.2% of GDP. The debt ratio, which was 72.0% in 2003, is likely to further deviate from the 60% of GDP Treaty reference value in 2004.HAS ADOPTED THIS DECISON:Article 1From an overall assessment it follows that an excessive deficit exists in Malta.Article 2This decision is addressed to the Republic of Malta.Done at Brussels, 5 July 2004.For the Council


title: Recommendation for a COUNCIL DECISION concerning the conclusion of at Cooperation Agreement between the European Economic Community and Thailand on manioc production, marketing and trade (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 275
Vol. 1982/0107
 ---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
                                                              I
                                               COM(82 ) 275 final
                                               Brussels , 24 May 1982
                           Recommendation for a
                              COUNCIL DECISION
    concerning the conclusion of at Cooperation Agreement between the
                 O- ■'     «»         "\
    European Economic f, Community and Thailand on manioc production ,
                             marketing and trade
                 ■            v
                                ^
            ( submitted to the Council by the Commission )
C0MC82 ) 275 final
 ---pagebreak---                                                   Com 275
                  EXPLANATORY MEMORANDUM
                                                         i  ,
                                                           i
                                                           f
On December 16 1980 the Council adopted a decision authorizing the
Commission to enter into negotiations for the conclusion of a cooperation
agreement on manioc production, marketing and trade between the European
                                                            I
Economic Community and Thailand on the basis of the draft agreement drawn
up on November 5 1980 by the Minister of Commerce of thjj Kingdom of
Thailand and by Mr. Gundelach , Vice-President of the Commission .
Negotiations took place in accordance with that decision and on the 23
April 1982, a draft agreement was initialled by the heads of delegation .
The basic provisions of the draft agreement which was drawn up following
the negotiations are as follows :
   a ) It covers the period running from the 1 January 1982 up to 31
       December 1986 .
   b) A commitment on the part of Thailand to limit its exports of manioc
       to the Community; this commitment will stabi lize; Thai land export
       possibilities in the years 1983 and 1984 at the level of its exports
       in 1981 and 1982 , and foresees a clear degressivity of these exports
                                                                     /       ,
       in the years 1985 and 1986 .
   c ) A commitment on the part of the Community to limit the levy applicable
       to imports of manioc from Thailand for the agreed quantities to a
       maximum amount of 6% ad valorem and to take appropriate measures to
       protect Thailand 's position on the Community market . In this context
       the Commission draWs the attention of the Council to its proposals
       concerning the conclusion of the negotiations with Indonesia and ,
       other GATT-suppliers of manioc and the related tariff quotas for
       the imports of manioc to be established for 1982 . The proposed tariff
       quota for Thailand corresponds to the quantity now agreed .
   d) The draft agreement also contains provisions whereby the Community
       will do its utmost to provide assistance for certain projects aimed
       at rural development and crop diversification in Thailand, particularly
       in the poorest manioc-producing regions of the country .
 ---pagebreak---    e ) The setting up of a permanent joint working group to monitor the
       proper application of the provisions of the Agreement .
The Commission consic! ? rs that the draft is in accordance with the
Commission 's proposal concerning cereal substitutes , and complies with
the negotiating directives . It therefore recommends that the Council
should ;
   a ) approve this agreement ; and
   b) to that end adopt the decision, the draft of which is attached
       hereto .
 ---pagebreak---           RECOMMENDATION  FOR A COUNCIL DECISION
      concerning the conclusion of a Cooperation Agreement
      between the European Economic Community and Thailand
        on manioc production , marketing and trade
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof ,
                                                                              t
Having regard to the Recommendation from the Commission,
                                                                          «
                                                   é                 . /'   '
Whereas the conclusion of a Cooperation Agreement between the European
                                                                                *4
Economic Community and Thailand on manioc production,marketing and trade
is in their mutual interest ,
HAS DECIDED AS FOLLOWS :
                              Article 1
The Cooperation Agreement between the European Economic Community and Thailand
on manioc production, marketing and trade is hereby approved on behalf of the
Community .
The text of the Agreement is annexed to this Decision .
                              Article 2
The President of the Council is hereby authorized to designate the person
enpowered to sign the Agreement referred to in Article 1 in order to bind
the Community .
Done at                                              For the Council
                                                     The President
 ---pagebreak---                DRAFT GO-OPERATION AGREEMENT
    BETWEEN THAILAND AND THE EUROPEAN ECONOMIC COMMUNITY
          ON MANIOC PRODUCTION, MARKETING AND TRADE"
THE COUNCIL OF THE EUROPEAN COMMUNITIES /
on the one hand ,
THE GOVERNMENT OF THE KINGDOM OF THAILAND ,
on the other hand
 RECOGNISING the dependence of Thailand 's economy on the production of
manioc and its export to the Community and the problems on the Community
market arising from the increasing imports of manioc ;
 CONSCIOUS that manioc production in Thailand is concentrated in the
poorest and most politically sensitive areas ;
TAKING into account the objectives of agricultural development and crop
diversification -in Thailand and the common interest of stabilizing the
                                              V
manioc markets in Thailand and the Community,
AFFIRMING their willingness to cooperate on matter concerning manioc "
production , marketing and trade on the basis of mutual benefit ;
CONSCIOUS that such cooperation should be realised in a progressive
and pragmatic way;         . •
HAVE DECIDED to conclude a Cooperation Agreement on Manioc Production,
Marketing and Trade and to this end have designated as their pleni
potentiaries :                      •.                               i
THE COUNCIL OF THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OF THE KINGDOM OF THAILAND :
WHO, having exchanged their Full Powers , found in good and due form,
                                                         1
HAVE AGREED AS FOLLOWS :
 ---pagebreak---                              Article 1
          Taking into account the objectives^of agricultural development and
crop diversification in Thailand and of stabilizing the manioc markets in
Thailand and the Community , Thailand undertakes to manage its exports of
manioc within the subheading 07.06 A of the Common Customs Tariff to the
Community during the five -year period from 1982 to 1986 / divided
                                                          i
           . in such a way as to ensure that these exports do not exceed quan
tities agreed between Thailand and the Community . ;
          For the year 1982 the export quantity shall       5 million tonnes .
Phase I                          .
           For the years 1983 and 1984, export quantities shall be :
( a ) 5,0 million tonnes per year , and
< b) an additional quantity of not more than 10% of the annual quantity
        mentioned in subparagraph ( a ) which shall be allowed 'for this two-
        year period and which may be utilized in full, eitherj wholly in one
      . year or partially in both years, in order to accommodate the. usual
        fluctuation in the production of primary commodities and to>facili-
        tate the stabilization of manioc markets in Thailand and the Community
 Phase II
          . For the years 1985 and 1986 export quantities shall be :
 ( a ) 4,5 million tonnes per year, and'
 (b) an additional 'quantity of not mpre than 10% of the annual quantity .
        mentioned in subparagraph Ca ) which shall be allowed for this two-
        year period and which may be utilized in full , either wholly in one
        or partially in both years, in. order to accommodate/ the usual fluctua
         tion in the production' of primary commodities and to facilitate the #
         stabilization of manioc markets in Thailand and the Community.
 ---pagebreak---        It is understood that the quantities referred to , in this Article
shall not cover quantities in transit or re-exported to destinations out
side the Community/ or those subject to inward processing arrangements .
               •«                                          ;
               *                                           !
                          Article 2
       If serious additional balance of payments difficulties due to the
control of exports of manioc , or major difficulties in the sensitive manioc
production regions arise in Thailand , or if serious difficulties arise on the
Community 's markets for agricultural products , the two parties shall enter
into consultation with a view to establishing whether such difficulties exist
and, if necessary, shall agree on appropriate measures to be applied for the
duration of these-diff iculties .
                   m
                                                :     •      .               . /
                                    •-                       i        •   v'
                          Article 3         ' -
                          –––«                                 ' •)     '
                                                                  I              •
      The Community undertakes to limit ^ the levy applicable to imports of
manioc covered by the agreement to a maximum amount of 6% ad valorem and to
ensure that Thailand enjoys MFN treatment with respect to ! the rate of the
levy. For the agreed quantities , the other import conditions shall be those
existing under the present GATT binding .                           I
 ---pagebreak---                             4
                       Article 4
      Taking into account its international rights and obligations , the      [
Community shall take appropriate measures to ensure that Thailand 's positior t
on the Community manioc market during the period covered by the agree-         Ji
ment will not be significantly undermined by a substantial increase . in the
quantities of manioc imported from other countries * In this context the
Community will also bear in mind the importance of imports of carbohydrate
products which could compete directly with manioc .
                       Article 5                                     '
        •. Thailand shall ensure that the quantities covered by the agree
ment do not exceed the limits specified therein by ensuring that export
certificates are not issued for any amount beyond such limits .
       For its part , the Community shall undertake to adopt all necessary pro- |
visions to issue import licences for the products referred to above               f
originating in Thailand , subject to the presentation of an export cer- .
tificate, issued by the competent authority designated by the Thai j
Government . The impor* licence shall be issued, within 7 days of stich  *
                                                                                [
présentation .
       The date of issue of export certificates shall determine the year
to which the quantities shipped are to be attributed .
      .The competent authorities of both parties shall periodically exchange
information necessary for verifying the actual quantities exported and
imported so as to facilitate the implementation of the agreement .
                         Article 6
       The Community shall do its utmost to provide assistance for projects
aimed at rural "development and crop diversification in Thailand, and par
ticularly in the poorest cassava-producing regions of the country. It is
to be understood that projects under crop diversification shall also in-. ^
elude research projects on the marketing of diversified crops as well as
on the utilization of manioc .                           '                J)
 ---pagebreak---         In providing this assistance , the Community shall , apart from its
 own financial resources , seek the co-operation of other bilateral and
 multilateral donors , including, in particular , Member States of the
 Community .
        The Community shall also consider means of promoting the realization
 of mutually advantageous projects relating to diversification of agricul
 tural production .
                               Article 7
        When the proper functioning of this agreement so requires meetings
 shall be held at ministerial level between the Government of the Kingdom
 of Thailand and the Commission of the European Communities .
                                                                            >• • »
        A permanent^ joint working group shall be set up, composed of represen
 tatives of the'Community and of Thailand .
                                                                    «a
        The group shall ensure that the agreement is being properly applied
 and is functioning smoothly .
        It shall review regularly the progress of rural development^ and crop
 diversification in Thailand as well as the trends of production, trade and
 consumption of manioc in "hailand , the Community and the world , and market
developments of carbohydrate products directly competitive with manioc .
        The group shall discuss any matter relating to the application of the
agreement . that may be put forward b>y either party and shall recommend
appropriate solutions to the competent authorities .
      • Meetings of the group shall be held as often as is found necessary,
and in any case at least once a year, at a time and place to be agreed .
                               Article 8
        This Agreement shall apply to the territories , in which the Treaty
establishing the European Economic Community is applied and under the con
ditions laid down in the said Treaty, on the one hand and to the territc ri e e
i>f the Kirrdci of Thailand, on the other hand.         '               __–
 ---pagebreak---                             Article 9
                                          *
       The agreement is concluded for the period running from 1 January
1982 to 31 December 1986 .
       It shall continue to run for subsequent three-year periods based
on   the quantities establ%hed    for 1985 and 1986 if it is not denounced
by either party at least one year before expiry of the initial five–year
period or of any subsequent three-year period .
       However , before notifying the denunciation of the agreement , either
party should enter into consultation with the other party in order to seek
solutions or to agree upon amendments / which would make it possible to
continue the agreement .
                                                      i
                                                      <
                                                     ι
                r*           Article –10                                 >.
       This Agreement is drawn up in two copies in the Danish , Dutch ,
English , French, German, Greek, Thai and Italian languages , each text
being equally authentic . .                                                 •
       PorA^^némmission
       For          ission         .         For the Goverment of Thailand
    //Poul DALSAGER 1/ \(                          Punnamee FUHSRI
   Ûtémber of the Commission                    Mini star of Commerce
 ---pagebreak---                      FINANCIAL            STATEMENT
                                                                                Date
                                                                                4 May      1982
      I. BUDGET HEADING t         1000 refunds                                       APPROPRIATIONS :1 «265,55 mio ECU
                                   100 levies                                                         1.899,1      mio ECU
  r*
  1 2. TITLE : Draft proposal for a Council Decision concerning the conclusion of a
   Cooperation Agreement between the European Economic Community and Thailand on manioc
   production, marketing arrd trade .
     3 . LEGAL BASIS :    Article 113 of the Treaty .
     4. AIMS OF PROJECT : The stabilisation of manioc imports "ttrough                       the conclusion of an
   agreement with Thailand on the trade in manioc-
     5 . FINANCIAL IMPLICATIONS               PERIOD OF 12 MONTHS   CURRENT FINANCIAL YEAR       FOLLOWING FINANCIAL YEAR
                                                                            Í 82        J              (  83     J
 8 5.0 EXPENDITURE
          - CHARGED TO THE EC BUDGET
            ( REFUNDS /                           P.m .                     p.m .                      p.m .
          - NATIONAL ADMINISTRATION
          - OTHER
     5.1 RECEIPTS
          - OWN RESOURCES OF THE EC
            aEviES/ imcK'XXWXKXX                  ρ .m .                    p.m .                      ρ «m .
          - NATIONAL
                                                1984            . 1985
    5.0.1 ESTIMATED EXPENDITURE                   p.m .         - 30,0 MECU                                    1
    5.1.1 ESTIMATED RECEIPTS
                                                  p.m .         - 3,3 MECU
    5.2 METHOD OF CALCULATION This proposal does not change the situation in 1982 , 1983, or
   1984 . Therefore a financial incidence will first appear in 1985 with the reduction
   of imports by 500.000 t .
    In establishing the 1982 Budget and the 1983 Budget proposal it was assumed that
    there would be self-limitation of exports .
r
    6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET ?         ,
                                                                                YES m
Ί Ό.Ι ΑΧΧ Χ ΧΚ Χ        Χ^Λ Κ& Χ Μ ΚΧΧ Μ                        Χ Χ>Χ ΧΉΚ >£ΜΊ!«Ί Χ*      Κ<Χ Χ
    6.2 WILL A SUPPLEMENTARY BUDGET BE NECESSARY ?
   6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY ?
                                                                                TES /OT
    OBSERVATIONS : The Community support for agricultural development and diversification
   ^n the poorest regions of Thailand which is foreseen in Article 6 ef the Agreement
   will be given within the framework of the existing budget ( Chapter 93 - cooperation
   with non associated developing countries ) »                                             I
                                                                                >      »