title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an Agreement resulting from the negotiations and consultations between Austria and the European Economic Community concerning trade in various agricultural products (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 544
Vol. 1981/0163
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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
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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
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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,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(81)544 final.
                                              Brussels / 1 October 1981
                  RECOMMENDATION FOR A COUNCIL DECISION
   on the conclusion of an Agreement resulting from the negotiations
  and consultations between Austria and the European Economic Community
           concerning trade in various agricultural products
               ( submitted to the Council by the Commission)
                                               /4^"       ptT-wj
                                                             ca)
                                                          Êo /
   C0M(81 ) 544 final .
 ---pagebreak---                                            t<TY*\ S H 1
                   EXPLANATORY       MEMORANDUM
In accordance with the mandate . it received from the Council on
16 December 1980 , the Commission conducted negotiations with
Austria concerning their reciprocal trade In cheese . _ At . the
same time , following Greece 's accession to the tommunities ,
the Commission held negotiations with Austria under Article
XXIV (6 ). of the GATT , and , lastly , opened talks with Austria
on the adaptation of certain exchanges of letters concerning
trade in agricultural products in order to take account of
Greece 's accession to the Communities .
The negotiations have resulted in a satisfactory overall agreement .
                     \
 ---pagebreak---  CONCLUSION OF AN AGREEMENT RESULTING FROM THE NEGOTIATIONS AND
   CONSULTATIONS BETWEEN AUSTRIA AND THE COMMUNITY ON TRADE IN
                   VARIOUS AGRICULTURAL PRODUCTS
            ( Commission Communication to the Council )
The Commission hereby transmits to the Council :
 i . a report on the outcome of the negotiations and consultations
     between Austria and the Community on trade in various agricultural
     products ( Annex A ) ;
ii . a draft agreement including an agreed minute , a temporary arrange
     ment and two exchanges of letters ( Annexes B ) .
                                ,
The Commission recommends that the    Council approve this Agreement .
To that end it presents a draft decision on the conclusion of the Agree
ment ( Annex C ) .
 ---pagebreak---                                                 Annex A page 1
                        Report on the outcome of the  ,    ■
          NEGOTIATIONS AND CONSULTATIONS BETWEEN AUSTRIA AND THE    .
      ,     COMMUNITY ON TRADE IN VARIOUS AGRICULTURAL PRODUCTS
In accordance with the mandate it received from the Council on 16 De
cember 1980 and following Austria 's formal request on 5 February 1981 ,
the Commission held consultations with Austria on the situation regar
ding the reciprocal trade in cheese .
At these consultations , both parties "noted , each for its part , that the
situation was unsatisfactory * The conclusion reached by both delegations
was that the 'import systems agreed by Austria and the Community did not
correspond to the present market circumstances and that they should be
brought into line with the real situation . It proved preferable to adopt
a provisional practical solution rather than to seek a definitive adjust
ment , which would have been difficult to achieve in the present economic
circumstances .                        ./
The negotiations resulted in a three-year temporary arrangement ( see
Annex I ) the main features of wjiich are the stabi lization of reciprocal -
trade at a certain quantitative level ( average of 1978 , 1979 and 1980
imports ) and the establishment , with reciprocal guarantees , of a satis
factory competitive situation based on the setting up of a concerted
discipline mechanism .      _
Following Greece 's accession to the European Communities , the Community
is obliged to hold negotiations under Article XXIV (6 ) of the GATT in
<? rder to compensate its GATT partners for the injury caused them by the
substitution of CCT duties for Greek customs duties abound under GATT .
In a letter of 10 June 1981 addressed to the Director -General of GATT,
Austria requested th ? opening of those negotiations with the Community .
 ---pagebreak---                                                                              2.
The negotiations , which took place at the same time as the negotiations
on cheese , resulted in an agreement under which the Community will grant
Austria tariff concessions for certain cheeses as compensation for the
withdrawal of the tariff concessions bound by Greece ( in particular for
liquid milk and milk powder , butter and certain cheeses ).
       /
Austria stated that it was prepared to include these concessions in the
temporary arrangement for cheese ( see exchange of letters in Annex II ).
Greece 's accession to the Communities has made it necessary to adapt for
the enlarged Community of Ten certain exchanges of letters dating from
1972 concerning concessions which Austria granted on a unilateral basis
to the Community of Nine and vice-versa .     The consultations on this matter
were also held at the same time as the negotiations on cheese .     They
yielded the following result ( see exchange of letters in Annex III ) :
  i . for imports into Austria of fresh fruit and vegetables and of wine
      in casks and bottles , the" share of the quotas reserved for the Commu
      nity is increased by the quantities actually imported into Austria
      from Greece , on the understanding that Austria will continue , as in
      the past , to effect imports from the Community under the part of the
      quota not reserved for it ;
ii . for imports into the Community of heifers and cows of certain moun
      tain breeds , the Community undertakes to ensure that the tariff quota ,
      amounting at present to 38 000 head , will be opened in time and admi - 1
      nistered in such a way as to enable this quantity actually to be
      imported .  Austria has abandoned its request for an increase in the
      figure of 38 000 head to take account of* the enlargement of the
      Community .
Both delegations feel that they have reached a balanced overall agreement
which is satisfactory to both parties .     An agreed minute ( see Annex B )
was initialled in Geneva on 16 July 1981 and is being submitted for the
approval of their respective authorities .     The agreed minute comprises an
overall agreement on the following points :
                                                                           •/a » •
 ---pagebreak---     ( i ) Temporary arrangement for a concerted discipline between Austria
          and the European Economic Community concerning reciprocal trade
          in cheese ;
  ( ii ) Exchange of letters concerning the outcome of the negotiations -
          between Austria and the European Economic Community under Article
          XXIV (6 ) of the GATT following Greece 's accession to the European
          Communities ;
( iii ) Amendments to the exchange of - letters of 21 July 1972 on imports
          into Austria of fresh fruit and vegetables and wine from the Com
          munity and to the procedures for administering the Community 's
          concessions on heifers and cows of certain mountain breeds .
The Article 113 Committee , which was closely involved in all the stages
of the discussions , delivered a favourable opinion on the conclusion of
this overall agreement at its meeting in Geneva on 16 July 1981 .
                                        x
                                  VX       X
 ---pagebreak---                                                                       f) tjviï < J2?
                                        AGREED MINUTE
          Negotiations and consultations between the Austrian Delegation
         and the Delegation of the Commission of the European Communities
                  concerning trade in various agricultural products
The Austrian Delegation and       the Delegation of the Commission of the European
Communities have reached an       overall agreement covering the following points :
i)    Temporary arrangement       for an concerted discipline between Austria and
      the European Economic       Community concerning reciprocal trade in cheese
      ( Annex I );
ii )  Exchange of letters concerning the outcome of the negotiations between
      Austria and the European Economic Community under Article XXIV(6 ) of the
                                          I           ,
      GATT following Greece 's accession to the European Communities ( Annex II )
iii ) Amendments to the exchange of letters of 21 July 1972 on imports into
      Austria of fresh fruit and vegetables and wine from the Community and to
      the procedures for administering the Community 's concessions on heifers
      and cows of certain mountain breeds ( Annex III ).
                              ' '                 . •
The above provisions will enter into force on the same day .
                       »
The delegations have agreed to submit this overall agreement to their
respective authorities for approval .
Done at Geneva , 16 July 1981
For the Austrian Delegation                             For the Delegation of
                                                        the Commission of the
                            i                           European Communities ,
 ---pagebreak---       .      .                        – . Annex I ,- page 1
                TEMPORARY ARRANGEMENT FOR A CONCERTED DISCIPLINE BETWEEN
                 AUSTRIA AND THE EUROPEAN ECONOMIC COMMUNITY CONCERNING
  ,     "                      RECIPROCAL TRADE IN CHEESE ..
I. The European Economic Community and Austria have held consultations
    concerning the tariff concessions granted by the two sides for cheese .
     During these consultations , both parties noted , each for its part , that the
     development of reciprocal imports and exports of cheese was not
     satisfactory , and that certain import arrangements , agreed between them , no
     longer corresponded to the situation on the market in cheese .
     They concluded , by common accord , that the trade arrangements for cheese
     should be adapted to the requirements of their respective markets , account
  , also being t'aken of Greece 's accession to the Community .
     They considered that , under the present circumstances , it would oe
     preferable to seek a practical solution for a limited period rather than to
     adapt these arrangements on a definitive basis .
II . Austria and the Community shall temporarily suspend , for arr initial period
     of three years from 1 January 1982 to 31 December 1984 , the following
     provisions arising from their reciprocal concessions
     1 . Austria and the Community shall temporarily suspend , for an initial
          period of three years from 1 January 1982 to 31 December 1984 , the
          following provisions arising from their reciprocal concessions :
 ---pagebreak---                                     ANNEX I , page 2
a ) with regard to the arrangements for the importation of Community cheeses
    into Austria .
    i ) in Annex II of the Agreement between Austria and the European Economic
        Community concerning certain types of cheese negotiated under Article
        XXVIII of GATT of 20 September 1977 ;                           : '
    -   in the first sub paragraph of paragraph 2 , the phrase "accompanied by an
        approved export document , provided that a f ree-at-Austrian- f rontier
        price is observed ",
        in the second subparagraph of paragraph 2 , the phrase " to be observed by
        the European Economic Community" ,
    -   paragraph 3 ;                       ""
  - ii ) in the Agreement in the form of an exchange of letters of 6 April 1981
        amending the Agreement on price observance and the arrangements for the
        importation of certain types of cheese :
    - in paragraph 1 , the phrase "to be observed by the European Economic
        Community",
        in paragraph 3 , the phrase " in order that the free-at - f rontier prices
        may be observed ".
b ) with regard to the arrangements for the importation of Austrian cheeses
    into the European Economic Community ;
-   the value limits included in the binding under GATT ( Schedule LXXII - EEC-
    of the following CCT tariff lines :
    04.04 A I a ) ex 1
    04.04 A I b ) 1' ex aa );
    the value limits included in the Community 's autonomous concession for
    Tilsit and Butterkase falling within CCT subheading 04.04 E lb ) 2 ;
    the value limits included ijb the Community 's autonomous concession for
    processed cheese falling within CCT subheading 04.04 D I.
                \
                                              <
 ---pagebreak---                                      ANNEX I , page 3
2 . Austria and the Community will establish for the same period as the
    auapenaiona mentioned in paragraph 1 above trade arrangement# with the
    following objectives :
    i . the stabilization of their trade at a quantitative ^ level corresponding
        to traditional trade
    ii.the re-establishment and maintenance of a satisfactory competitive
        situation as regards prices .
3 . They agree that , for the period from 1 January 1982 to 31 December 1984 ,
    for the cheeses listed below ,, the quantities traded each year and the
    duties to be levied on importation may not exceed the following levies : .
                                                                      Ϊ
    a)   ON IMPORTATION INTO AUSTRIA :              ,
    i ) Cheese manufactured from cow 's milk , falling within subheading 04.04 A
        of the Austrian Customs Tariff , originating in and coming from the ^
        Community , and accompanied by an approved certificate of quality and
        origin            ^
                                                        Quantity         Import duty
Processed cheese                                        2 200 t         S 760 / 100 kg .
                                          7'     '*              ■ '
Blue-veined cheese                                         650 t        S 560 / 100 kg
Danbo , Edam , Elbo , Finbo , Fontal , Gouda ,
    Havarti , Malbo , Maribo , Mimolette , Samso ,
    Tybo                                       .         " 400 t        S 560 / 100 kg
Tilsit     •                                                            S 460 / 100 kg
 Emmentaler , Gruyére       -                                           S 460 / 100 kg
 Butterkäse , Esrom , Italico ,, Kernheim , Saint-    )
     Nectare , Saint-Paulin , Taleggio , Cheddar '    )
    and the other cheeses not included above          )
    of a water content of the non-fatty matter        )             .
    not exceeding 62% , with the exception of         )
     those falling within tariff subheading           )
     04.04 A 1 a ), b ) and c ) of the Austrian       )
    Customs Tariff               ,                    ) 1 750 t
 ii)The above cheeses of Community origin may not be imported into Austria
 unless accompanied by the certificate referred to in paragraph 3(a ) ( i ) above
 ---pagebreak---                                     ANNEX I , page 4
b ) ON IMPORTATION INTO THE COMMUNITY :
    Cheese falling within CCT heading No 04.04
    originating in and coming from Austria ,
    accompanied by an approved certificate              Quantity           Import Duty
    Emmentaler , Gruyere , Sbrmz , Bergkase , not
    grated or powdered , of a minimum fat content
    of 45% by weight , in the dry matter , matured
    for at least three months , falling within CCT
    subheading 04.04 A I or II :
    whole cheeses                                        5 000 t ( +) 18 . 13 ECU / 100 kg
    pieces packed in vacuum or in inert gas
    with rind on at least orie side , of a net
    weight of not less than 1 kg but less than
    5 kg                                                 3 000 t (+) 18.13 ECU / 100
    Processed cheese , not grated or powdered , in
    the blending' of which only Emmentaler , Gruyere
    and Appenzell have been used and which may        %
    contain , as an addition , Glarus herb cheese ( known
    as Schabziger)j put up for retail sale , of a fat
    content , by weight , in the dry matter , not
    exceeding 56% , falling within CCT subheading 04.04
    DI or DII a ) 1                                        3 700 t    36.27 ECU / 100 kg
    Smoked processed cheese , of a fat content ,
    by weight , in the dry matter , of not less
    than 40% but not exceeding 48% , falling .
    within CCT subheading 04.04 D II a)l (++)                 350 t    Full levy
  N Unpressed Tilsit , matured for not less than
    one month , and Butterkase , falling within CCT
     subheading 04.04 E I b)2                               1 500   t   55 ECU / 100 ke
     Blue veined cheese falling within CCT subheading
     04.04 C
    Whole Edam cheeses , of a fat content , by weight ,
     in the dry matter , of not less than 40% and of
 ---pagebreak---                                    Annex 1 , page 4a
                          • -   '             *
   less Chan 48% , of a net weight not
   exceeding 350 g ( "Geheimratskase ") ,
   falling within CCT subheading 04.04
   E I b) 5                                          800 t       50 ECU / 100 kg
     Fetta   and  Kephalo-Tyri " cheeses made from
   cow 's milk , of a fat content , by weight , in
   the dry matter , of less than 48% falling within „
   CCT . subheading 04.04 E I b)5                    150 t  r    50 ECU / 100 kg
   Other cheeses falling within CCT subheading
   04 . 04 E la ) orE I b)5 (++) - •                 200 t        Full levy
(+) Up to 25% of the quantities allocated for these categories of cheeses
     are interchangeable .
(++) These cheeses do not have to be accompanied by an approved certificate .
                                                          1
 ---pagebreak---                                    Annex 1 , page 5
4 . Austria undertakes to take the necessary measures to ensure that the
    quantities it has agreed to import from the Community ( see 3 . ( a )) and the
    quantities agreed for export to the Community ( see 3 . ( b ) ) will not be
    exceeded .
    The Community and Austria will take steps to ensure that the benefits which
    they grant each other will not be jeopardized by other import measures .
5 » Austria and the Community undertake , 'each on its own behalf , to ensure that
    the prices charged by their exporters are not such as to create
    difficulties on the importing country 's market .
    They agree , in this connection , to set up the system for cooperation and
    the exchange of information described in the Annex to this Arrangement .
    If difficulties arise concerning tfhe prices charged , consultations will be
    held at the request of either party , as promptly as possible , with a view
    to the adoption of appropriate corrective measures .
                                              ι                         ·
6 . The two parties may consult each other at any stage concerning the
    operation of this Arrangement .
7 . Consultations may also be held if the objectives of the Arrangement are , or
    seem likely to be , jeopardized by the importation into Austria of cheeses ,
    not covered by this Arrangement , in quantities which are unreasonable
    compared with traditional levels .                               _
8 . In order to ensure constant cooperation in the day- to-day running of export
    and import operations , the Austrian Government and the Community, shall each
    appoint a Delegate . These Delegates will exchange information on the
    development of trade as regards prices and quantities marked .
 ---pagebreak---                                    ANNEX I , page 6
9 . During Che first half of 1984 , consultations "ill be held in order to
     decide whether this Arrangement should be extended , and if so , on what
     terras .
10 . All the provisions contained in this Arrangement will enter into force on
     the same date . This Arrangement will be approved by the Contracting
     Parties in accordance with their own procedures .
Done at
For the Government of the                           On behalf of the Council
     Republic of Austria                            of the European Communities
 ---pagebreak---                                       ANNEX 1 , page 7
ANNEX
               \                -                       .
With a view to preventing the prices charged by exporters from being such as
to create difficulties on the importing country 's market , the following
information and cooperation system has been set up :
1 . Exchange of information
    a ) Austria will provide the Commission of the European Communities with the
        following information on each category of cheese covered by the
        Arrangement :                                              . '   .  '   V . '
    i . two weeks before the beginning of each quarter , prospective Austrian
        exports to the Community for the next quarter ( anticipated quantities ,
        f ree-at-Austrian- f ront ier prices , probably markets );
   ii . two weeks following the end of each quarter , actual Austrian exports to
        the Community during the past quarter ( quantities and
        f ree -at-Austrian-f rontier prices , importing member countries ).
    b ) The Commission of the European Communities will at regular intervals
        provide price quotations and any other useful information concerning the
        market in home-produced and imported cheeses .
2 . Procedures for importation into Austria
    Within the limits of the quantities agreed on ( see paragraph 3 . ( a )) of this
    Arrangement ), licences will be issued On a regular basis on production of a
    declaration by the importer stating that the import prices correspond to
    the f ree -at -Austrian- f rontier prices agreed on by the Austrian authorities
    and the Community ( accompanied by the invoice as proof ).
    Imports should be accompanied by a certificate of origin and quality ,
    issued by the competent authorities of the Community .
 ---pagebreak--- DELEGATION OF THE COMMISSION
       -  OF THE          ^                '
EUROPEAN COMMUNITIES
                                      ANNEX II,' page I                        v
Sir ,
I have the honour to refer to the note which the Austrian Permanent Mission in
Geneva addressed to the Director-General of GATT on 10 June 1981 concerning
Austria 's request for the initiation of negotiations with the Community under
Article XXIV ( 6 ) of the GATT , following Greece 's accession to the European
Communities .
I noted Austria 's claim that , for the following, tariff headings , listed in '
Schedule XXV - Greece , which has been withdrawn , it was , next to the
Commuaity , Greece 's main supplier during the reference period use<f for these
negotiations ( average for 1977 / 78/79 ) and , that it therefore has a negotiating
right :
    04.02 A 1 Milk , whether or not containing added sugar , in liquid or paste
                  form                   .
    04.02 A 2 Milk , whether or not containing added sugar , in solid form ,
                  ( block milk or milk powder ) ( no tare being allowed for the
                  immediate containers )
    04.03 B 1 ; Butter , other than melted , salted or not ( no tare being allowed
                  for the immediate containers ), in containers of a gross weight
                  of 4 kg or less                                          .
S              .               ..                           '
    04.04.B.1 Cheeses in brine ( pheta , toulomotyri ) .
The negotiations held on this subject between our delegations during the
consultations concerning cheese yielded the following results :
    i ) In the "Temporary arrangement for a concerted discipline on reciprocal
         trade in cheese", the following tariff concessions were granted as
         compensation for the negotiating rights which Austria has under Article
         XXIV(6 )                 ,                 .
 ---pagebreak---                                       ANNEX II , page 2
of Che General Agreement ( GATT ):
     ex 04.04 A II               Emmentaler              For 135 t
                                                         Maximum amount of levy fixed
                                                         at 18.13 ECU / 100 kg
                                            y
     ex . 04.04 E I b ) 2        Tilsit and              For 1 092 t
                                 Butterkase              Maximum amount of levy reduced
                                                         to 55 ECU/ 100 kg
                                                         For 408 t
                                                        S
                                                         Maximum amount of levy fixed
                                                         at 55 ECU / 100 kg .
     ex . 04 . 04 C              Blue veined cheese )    For 800 t
     ex . 04 . 04 E I b ) 5      Whole Edam cheeses ) Maximum amount of levy fixed
                                 of a net weight     ) at 50 ECU/ 100 kg
                                 not exceeding 350g )
                                 ("Geheimratskase )
     ex . 04.04 E I b ) 5        Fetta and Kephalo-)     For 150 t
                                 Tyri , made from )      Maximum amount of levy
                                 cow's milk           )   fixed at 50 ECU / 100 Kg
ii )      The Community gives an undertaking to enter into consultations with
          Austria , should these concessions not be maintained as a result of the
          expiry of , or a change in , this temporary Arrangement , in order to give
          it compensation equivalent to its rights under Article XXIV 56 ).
I should be grateful if . you . would confirm whether you are in agreement with
the above .                                                                      1
Please accept , Sir , the assurance of my highest consideration .
 ---pagebreak--- AUSTRIAN
DELEGATION
                                         ANNEX II , page 3            <
Sir ,
I have the honour to confirm my agreement to the content of your Letter- of
                       , which reads as follows :
    "I have the honour to refer to the note which the Austrian Permanent
    Mission in Geneva addressed to the Director-General of GATT on 10 June 1981
    concerning Austria 's request for the initiation of negotiations with the
    Community under Article XXIV ( 6 ) of the GATT , following Greece 's accession
    to the European Communities .
    I noted Austria 's claim that , for the following tariff headings , listed in
    Schedule XXV - GREECE , which has been withdrawn , it was , next to the
    Community , Greece 's main supplier during the i-eference period used for
    these negotiations ( average . for 1977 / 78/ 79 ) and that it therefore has a
    negotiating right :
       04.02 A 1          .        Milk , whether or not containing added sugar , in
                   _           , ' liquid or paste form
       04.02 A 2                   Milk , whether or not containing added sugar , in
                                   solid form ( block milk or milk powder ) ( no tare -.
                              ^ being allowed ) for the immediate containers
       04.03 B 1 _                 Butter , other than melted , salted or not ( no tare
                                   being allowed for the immediate containers ) in
                     '      •      containers of a gross weight of 4 kg or less
       04.04 B 1                   Cheeses in brine ( pheta , toulomotyri ) .
The negotiations held on this subject , between our delegations during the
consultations concerning cheeses yielded the following results :
i.) In the "Temporary arrangement for a concerted discipline on reciprocal
    trade in cheese ", the following tariff concessions were granted as
    compensation for the negotiating rights which Austria has under Article
    XXIV(6 ) of the General Agreement ( GATT):
 ---pagebreak---                                     ANNEX II , page 4
     ex 04.04 A II            Emmentaler              For 135 t
                                                      Maximum amount of levy fixed
                                                      at 18.13 ECU/ 100 kg
     ex 04.04 E I b ) 2       Tilsit and              For 1 092 t
                              Butterkase              Maximum amount of levy reduced
                                                      to 55 ECU/ 100 kg
                                                      For 408 t
                                                      Maximum amount of levy fixed
                                                      at 55 ECU / 100 kg
     ex 04.04 C               Blue-veined cheese
     ex 04.04 E I b ) 5       Whole Edam cheses       For 800 t
                              of a net weight not     Maximum amount of levy fixed
                              exceeding 350g          50 ECU / 100 kg
                              ("Geheimrat ska's e )
     ex 04.04 E I b ) 5       Fetta and Kephalo-      For 150 t *
                              tyri , made from        Maximum amount of levy fixed
                              cow 's milk             at 50 ECU / 100 kg
ii )    The Community gives an undertaking to enter into consultations with
        Austria should these concessions not be maintained as a result of the
        expiry of , or a change in , this temporary Arrangement , in order to give
        it compensation equivalent to its rights under Article XXIV ( 6 ).
     I should be grateful if you would confirm whether you are in agreement with
     the above ". _
Please accept , Sir , the assurance of my highest consideration.
 ---pagebreak---                                   QtJi/ u * tn  pø
                                                '
                                                   «.*
                                                   Vi
                                                         -A
AUSTRIAN
DELEGATION
Sir ,
I have the honour to refer to the exchanges of letters of 21 July 1972 ^
concerning the quantitative concessions which Austria granted the Community
for fruit and vegetables and wine and the concessions which the Community
granted Austria for heifers and cows of certain mountain breeds .    -
The consultations between our delegations on the adjustment of these
concessions following Greece 's accession to the . Community have yielded the
following results :
1 ) Fruit and vegetables and wine                                               I
    The share reserved for the Community as constituted at present is raised to :
    - 82% of the total quota applicable to fresh fruit
    - 65% of the total quota applicable to fresh, vegetables
    - 52% of each of the total quotas applicable to imports of wine in casks
       and bottles . ,                         -                       '
    All the other provisions agreed in the exchange of letters remain unchanged .
2 . Heifers and calves of certain mountain breeds      '     ,   -
    The Community undertakes to take the necessary measures to ensure that the
    annual tariff quota of heifers and cows of certain mountain breeds falling
    within CCT subheading 01.92 A II , at present totalling 38 000 head , can be
    opened and administered in such a way as to enable imports actually to take
    place as from 1 July of each year.
                                                                              /
 ---pagebreak---                                   ANNEX III , page 2
this exchange of letters will be approved by the Contracting Parties in
accordance with their own procedure .
I should be grateful if you would confirm whether you are in agreement with
the above .                                                     ,
Please accept , Sir , the assurance of my highest consideration.'
 ---pagebreak--- DELEGATION
OF THE COMMISSION                                   -,     '
      OF THE ,                                                        ...
EUROPEAN COMMUNITIES
                                     ANNEX III , page 3                   ~
Sir ,                ,
I have the honour to confirm ray agreement to the content of your letter of
                       , which reads as follows :                            '
    "I have the honour to refer to the exchanges of letters of 21 July 1972
    concerning the quantitative concessions which Austria has granted the
    Community for fruit and vegetables and wine and the concessions which the
    Community granted Austria for heifers and cows of certain mountain breeds .
    The consultations between our delegations on the adjustment of these
    concessions following Greece 's accession to the Community have yielded the ,
    following results ;
    1 ) Fruit and vegetables and wine -
        The share reserved for the Community as constituted at present is raised
        to :
               .• '•          .      .                -  -   /  ■ - '
        - 82% of the total quota applicable to fresh fruit      r
        - 65% of the total quota applicable to fresh vegetables
        - 52% of each of the total quotas applicable to imports of wine In casks
           and bottles .
    All the other previsions agreed in the exchange of letters remain unchanged
 ---pagebreak---                                   ANNEX III , page 4
   2 . Heifers and calves of certain mountain breeds
       The Community undertakes to take the necessary measures to ensure that
       the annual tariff quota of heifers and cows of certain mountain breeds
       falling within CCT subheading 01.02 A II , at present totalling 38 000
       head , can be opened and administered in such a way as to enable imports
       actually to take place as from 1 July of each year .
This exchange of letters wll be approved by the Contracting Parties in
accordance with their own procedures .
I should be grateful if you would confirm whether you are in agreement with
                           • . t                     -S
the above .
Please accept , Sir , the assurance of my highest consideration .
 ---pagebreak---                   RECOMMENDATION FOR A COUNCIL DECISION
on the conclusion of an Agreement resulting from the negotiations and
   consultations between Austria-and the European Economic Community
            concerning trade in various agricultural 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 ,
Whereas , in accordance' with the mandate which it received from the Council
on 16 December 1980 , the Commission has held consultations with Austria on
 reciprocal trade in cheese and has reached a satisfactory reciprocal agree
ment with that country ;
 Whereas , in accordance with the authorization it deceived from the Council
 28 April 1981 , the Commission initiated negotiations with Austria under
 Article^XXIV (6 ) of the 6ATT following Greece 's accession to the European
 Communi ties ,and has reached a satisfactory agreement :
 Whereas it was necessary to adapt certain exchanges of letters between
 Austria and the Community concerning certain agricultural products in order
 to take account of 6reece 's accession to the Communities ; whereas the Com
 mission, together with Austria, h.as worked out an appropriate adaptation,
                    V           i                   • ,
 HAS DECIDED AS FOLLOWS :
 ---pagebreak---                                                   ANNEX C page 2
                                Article 1                 -
The Agreement between Austria and the European Economic Communi ty 'compri
sing :
- a temporary arrangement for a concerted discipline between Austria and
                                              *
   the European Economic Community concerning reciprocal trade in cheese ;
                                      *
- an exchange of letters concerning the outcome of the negotiations between
   Austria and the European Economic Community under Article XXIV ( 6 ) of the
  6ATT following Greece 's accession to the European Communities ;
- amendments to the exchange of letters of 21 July 1972 on imports into
   Austria of fresh fruit and vegetables and wine from the Community and to
   the procedures for administering the Community 's concessions on heifers ,
   and cows of certain mountain breeds ;
is hereby approved on behalf of - the Community .
The text of the Agreement is attached to this - Decision .
                                 Article 2                    .    .
The President of the Council is hereby authorized to designate the person-
empowered to sign the Agreement in order to bind the Community .
                                                Done at Brussels ,
                                                       For the Council
                                                        The President


title: Recommendation for a COUNCIL DECISION authorizing the Commission to take part, on behalf of the Community, in the negotiations on the adoption by the International Commission for the Protection of the Rhine against Pollution of draft recommendations to the Contracting Parties intended to supplement, in respect of certain organochlorine compounds, Annex IV to the Convention for the Protection of the Rhine against Chemical Pollution (presented by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (89) 88
Vol. 1989/0028
 ---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) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, 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 ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
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 last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, 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 or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
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), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(89 ) 88 final
                                              Brussels , 10 March 1989
                                  Recommendation for a
                                     COUNCIL DECISION
              authorizing the Commission to take part , on behalf of the
  Community , in the negotiations on the adoption by the International Commission
                  for the Protection of the Rhine against Pollution
          of draft recommendations to the Contracting Parties intended to
   supplement , in respect of certain organochlorine compounds , Annex IV to the
                  Convention for the Protection of the Rhine against
                                    Chemical Pollution
                             ( presented by the Commission )
                                                [>
                                              \ * '          Ma
                                               Ц!гг \
 ---pagebreak---                                                                    C$-r*\ S $
EXPLANATORY MEMORANDUM
1 . The Community decided on 25 July 1977 to conclude the Convention
      for the Protection of the Rhine against Chemical Pollution ,
      hereinafter referred to as the " Chemical Convention ", and the
      additional Agreement to the Agreement signed in Berne on 29
      April 1963 concerning the International Commission for the
      Protection of the Rhine against Pollution , hereinafter referred
      to as the " International Commission " ( Decision 77 / 586 / EEC ) ‘ 1 * .
2 . Proposals for a supplement to Annex IV to the Chemical
      Convention in respect of several organochlorine compounds are
      currently under discussion in the International Commission . The
      substances concerned are :
      - pentachlorophenol
      - endosulfan
      - aldrin , dieldrin , endrin and isodrin
      - hexachlorobenzene and hexachlorobutadiene
      - 1 , 2-dichloroethane
      - tri - and tetrachloroethylene
      - chloronitroanilines
      - chloronitrobenzenes
      The Commission departments are requested to take part in these
      negotiations and to adopt a position concerning the formulation
      of ad hoc recommendations at the next plenary session of the
      International Commission due to be held in July 1988 .
 3 . The International Commission also intends to adopt , in respect
      of each substance , a recommendation on methods of monitoring
      discharges . These recommendations would contain provisions
      similar to the measures envisaged in the proposals for
      directives referred to in the following paragraph .
 ( 1 ) OJ L 240 , 19.9.1977 , p. 35
                                                                             г
 ---pagebreak--- 4 .  On 26 October   1986 the Commission sent to the Council       an amended
     proposal for a Directive' 2 ’ to include drins in List I of the
     Annex to Directive     76 / 464 / EEC ‘ 3 ’ .
     It also , on 12 October 1987 , sent to the Council a proposal for
     a Directive concerning the inclusion of hexachlorobenzene and
     hexachlorobutadiene     in List     I'*’ .
     As Parliament has not yet rendered its opinion ,        the Council has
     not been able to act on these two proposals .
5.   The other substances for which negotiations are in progress in
     the International Commission are included in the Community list
     of substances which could belong to List I , contained in the
     Commission Communication to         the Council of 22 June 1982'°’ .
     Commission staff are currently preparing proposals for
     directives in respect of these substances .
6 . Nevertheless , the Commission feels that the Contracting Parties
     to the Chemical Convention , desiring to protect the Rhine
     against this type of pollution , should be enabled to take the
     necessary   measures .
     The Commission therefore proposes to the Council that it adopt
     the following recommendation for a Decision authorizing the
     Commission to participate in the negotiations , on behalf of the
     Community , on the abovementioned draft recommendations with a
     view to their adoption by the International Commission .          It will
     report to the Council on conclusion of these negotiations , and
     make proposals for the appropriate course of action .
( 2 ) OJ C 309 ,  3.12.1986 , p.     3
( 3 ) OJ L 129 ,  18.5.1 976 , p.    23
(4)   See Doc .  C0M(87 ) 457 Final
( 5 ) OJ C 176 ,  14.7.1 982 , p. 3
                                                                    J
 ---pagebreak---                                          Recommendation for a
                                           COUNCIL DECISION
                      authorizing^ the Commission
                                            ..         to
                                                       i,y take
                                                           idK ^ part
                                                                 pari .- on
 hehalf of the Community , in the negotiations on the adoption by the
 behalf
    international Commission for the Protection of the Rhine agains          against
     Pollution of draft recommendations to the Contracting Parties
      intended to supplement , in respect of certain organochlorine
    compounds , Annex IV to the Convention for the Protection of the
                      Rhine against Chemical Pollution .
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community ,
Having regard to Recommendation from the Commission ,
Whereas , by Council Decision 77/ 586/ EEC ( 1 ), the Community approved the
Convention for the Protection of the Rhine against Chemical
Pollution , hereinafter referred to as the " Chemical Convention ",
and the Additional Agreement to the Agreement signed in Bern                    on 29
April 1963 concerning the International Commission for the
Protection of the Rhine against Pollution , hereinafter referred to
as the " International Commission ";
Whereas the Community is Party to the Chemical Convention and the
Additional Agreement ;
Whereas , under Article 5 of the Chemical Convention , the
International Commission proposes limit values for the discharge of
certain substances into the surface waters of the Rhine basin by
way of amendments to Annex IV to the Chemical Convention ; whereas ,
under Article 14 of the Chemical Convention , unanimous acceptance
by the Contracting Parties is necessary for those amendments to
enter into force ;
Whereas the International Commission intends to draft
recommendations designed to supplement Annex IV to the Chemical
Convention by establishing limit values for pentachlorophenol ,
endosulf an , aldrin , dieldrin , endrin , isodrin , hexachlorobenzene ,
1 , 2-dichloroethane , trichloroethylene , tetrachloroethylene ,
chloroanil ines and chloronitrobenzenes ;
Whereas the Community and its Member States have competence in the
field covered by the Chemical Convention ;
Whereas it is desirable that the Community , as a Contracting Party
to the Chemical Convention , should take part in the negotiations
with a view to adoption by the International Commission of the said
draft recommendations ,
HAS DECIDED AS FOLLOWS :
 U ) OJ No L 240 , 19.9.1977 , p. 35
                                                                                Y
 ---pagebreak---                              Sol e Article
The Commission is hereby authorized to take part , on behalf of the
Community , in the negotiations on the adoption , by the
International Commission for the Protection of the Rhine against
Pollution , of draft recommendations to the Contracting Parties
intended to supplement Annex IV to the Convention for the
Protection of the Rhine against Chemical Pollution in respect of
the following compounds :
pentachlorophenol , endosulfan , aldrin , dieldrin , endrin , isodrin ,
hexachlorobenzene , hexachlorobutadiene , 1 , 2-dichloroethane ,
trichloroethylene , tetrachloroethylene , chloroanilines and
chloronitrobenzenes .
The Commission shall conduct the negotiations in consultation with
the representatives of the Member States Parties to the Convention
and in conformity with the negotiating directives in the Annex .
Done at  Brussels                           For the Council
                                             The President
                                                               S
 ---pagebreak---                                    ANNEX
                        Nego t iating D ir ectives
The purpose of the negotiations shall be to finalize the text of
the draft recommendations by the International Commission for the
Protection of the Rhine against Pollution intended to supplement ,
in respect of the organochlor ine compounds listed , Annex IV to the
Convention for the Protection of the Rhine against Chemical
Pollution , and to ensure that the texts contain appropriate
provisions permitting their adoption by the Community .


title: Recommendation for a COUNCIL DECISION (EEC) on the provisional application to the Republic of Vanuatu (former Anglo-French Condominium of the New Hebrides) of the arrangements provided for in Decision 76/568/EEC on the association of the overseas countries and territories with the European Economic Community (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 748
Vol. 1980/0234
 ---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 EUROPÊANTCOMMUNITIES
                                                                 ,        . .
                                             n
                                                 COM(80)748
                                                 s
                                                                   final
                                                         . .
                                                   Brussels . 2b November 1980
                                                             • y
                          Recommendation for a
                         COUNCIL DECISION ( EEC )
on the provisional application to the Republic of Vanuatu ( former Anglo-
French Condominium of the New Hebrides ) of the arrangements provided for
in Decision 76/ 568/ EEC on the association of the overseas countries and
territories with the European Economic Community
             ( submitted to the Council by the Commission )
C0M(80 ) 748 final
 ---pagebreak---                         Introduct ion
The Anglo-French Condominium of the New Hebrides has achieved independence
on 30 July 1^80 as the Republic of Vanuatu .          .    .
The Republic of Vanuatu requested accession to the second ACP-EEC
Convention of Lome on 24 September .
In view of the delay for the arrangements and procedures to be undertaken
for the accession to the second Convention of Lome of a country which
has achieved independence , it should be decided to continue to apply
provisionally the arrangements provided for in the Decision relating
to the association of the overseas countries and territories to the
European Economic Community and the decision which will replace it .
The same provisions were made at the time when the Republic of Djibouti
( former Territory of Afars and Issas ), Solomon Islands , Tuvalu , Dominica ,
St. Lucia , the Republic of Kiribati ( former Gilbert Islands ) and St. Vincent
became independent .
 ---pagebreak---                               Recommendation for a
                                 COUNCIL DECISION
            on the provisional application to the Republic of Vanuatu
        ■ ( former Anglo-French Condominium of the New Hebrides) of the
arrangements provided for in Decision 76/ 568 / EEC on the association of the
  overseas countries and territories with the European Economic Communtiy
     THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
     Having regard to the Treaty establishing the European Economic
     Community,               .
  Ν
     Having regard to Council Decision 76/568 /EEC of 29 June 1976 on
     the association of the overseas countries and territories with
     the iCuropean Economic Community ( l ),      last amended by
     Decision 8o/l62/EEC ( 2 ), and in particular the second subparagraph
     of Article 55 (2 ) thereof;
     Having regard to the Recommendation from the Commission ,
                                                                \
     8    0J No L 176 , 1.7.1976 , p. 8
          OJ No L 35 , 12.2.1980 , p . 26
 ---pagebreak---                                     2 -
 Whereas , pursuant to the second subparagraph of Article 55(2 ) of Decision 76/ 568/ EEC ,
 the arrangements provided for therein may continue to apply            '
 provisional lyr under conditions laid down by the Council , to
 countries and territories which become independent ;
 Whereas the Anglo-French Condominium of the New Hebrides , which appears
 in Annex I of the said Decision, achieved independence on 30 July 1980 as
 the Republic of Vanuatu ;
 Whereas it should be decided to continue to apply provisionally to that •
 State the arrangements provided for in the above-mentioned Decision as
 well as in the new Decision which will replace it :
 Whereas the second ACP-EEC Convention of Lome is open , in accordance witji
the procedure laid down in Article 185 thereof , to accession by countries or
 territories referred to in Part Four of the Treaty which
have become independent : whereas such accession can take place only following
                                                                                I
 a request by the State concerned and with the approval of the ACP-EEC Council .
 of Ministers j
 Whereas the Republic of Vanuatu has submitted a request for accession
 to the second ACP-EEC Convention of Lome :
                                                                   (
 HAS DECIDED AS FOLLOWS :
                                                1                              >
                                  Article 1
             The arrangements laid down by Decision 76/568/EEC and by the new ,
 Decision which will replace it shall apply provisionally to the Republic
 of Vanuatu until the latter accedes to the second ACP-EEC Convention of Lome .
                                                                                •/
 ---pagebreak---                                 - 3 -
                              Article 2
          Questions relating to the application to the Republic of Vanuatu
of Decision 76/ 568 / EEC and of the new Decision which will replace it
shall be dealt with as necessary by direct contact between the competent
authorities of that State and of the Community.
                              Article 3
          This Decision shall enter into force on the day of its
publication in the Official Journal of the European Communities .
          It shall apply with effect from                            ,
                                              Done at Brussels ,
                                                      For the Council
                                         , '          The President


title: Recommendation for a COUNCIL DECISION on the provisional application to Saint Lucia, after it has attained independence, of the arrangements provided for in Decision 76/568/EEC on the association of the overseas countries and territories with the European Economic Community (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 54
Vol. 1979/0020
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM ( 79 ) 54 final
                                                Brussels , 13 February 1979
                             \
                            Recommendation for a
                               COUNCIL DECISION
       on the provisional application to Saint Lucia , after it
    has attained independence , of the arrangements provided for
       in Decision 76 / 568 / EEC on the association of the overseas
  countries and territories with the European Economic Community
              ( submitted to the Council by the Commission )
                                       ,,            ' '        l; >•
                                       r,                      fti
                                       i •      , -             r
                                         \                       V/
 COM ( 79 ) 54 final                       X:       •
 ---pagebreak---                        Recommendation for a
                         COUNCIL DECISION
          on the provisional application to Saint Lucia,
                after it has attained independence ,
     of the arrangements provided for in Decision 76/568 /EEC
   on the association of the overseas countries and territories
              with the European Economic Community
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community ,
Having regard to Council Decision 76/568 /EEC of 29 June 1976
on the association of the overseas countries and territories
                                       (1
with the European Economic Community      , as last amended by
Decision 78/465/ESC^^ , and in particular the second subparagraph
of Article 55(2 ) thereof,
(1)
     OJ No L 176 , 1.7.1976 , p . 1
( 2)
     OJ No L 147 , 3.6.1978 , p . 39
 ---pagebreak--- Whereas , pursuant "to the latter provision of Decision 76/568/EEC ,
the arrangements provided for therein may continue to apply
provisionally | under conditions laid down toy the Council , to
countries and territories which "become independent ;
Whereas Saint Lucia, which is mentioned in Annex I relating to the list of
countries and territories referred to toy that Decision , achieves
independence on 22 February 1979 J
Whereas it should toe decided to continue to apply provisionally
the arrangements provided for in the atoove-raentioned Decision to
this State and to lay down the conditions for such application
without prejudice to subsequent recourse to the first subparagraph
of Article 55(2 ) and to Article 56 thereof;
Whereas the ACP-EEC Convention of Lome is open , in accordance with
the procedure laid down in Article 89 thereof, to the accession of
a countiy or territory to which Part Pour of the Treaty applies and
which has toecome independent ; whereas such accession can take place
only following a request toy the State concerned and with the approval
of the ACP-22C Council of Ministers ;
 Whereas Saint Lucia has submitted a request for accession to the ACP-EEC
 Convention of Lome ;
 Whereas the provisional application of Decision  76 /568/ EEC with regard
 to that State should toe limited in time ;
 ---pagebreak---                                - 3 -
V.7lereas , in order to avoid any break in continuity m financing
decisions in favour of Saint Lucia , between its accession to the
ACP-EEC Convention of Lome and the entry into force of the
decision adjusting the amounts made available to the European
Development Fund which the Council is to take pursuant to
Article 1(4 ) of the Internal Agreement on the financing and
administration of Community aid of 1975i Saint Lucia should be
permitted to continue to benefit until the date of the entry into
force of the said Decision from the provisions of Decision 76/563/EEC
relating to financial and technical co-operation ,
HAS DECIDED AS FOLLOWS : '
                            Article 1
       The arrangements laid down by Decision 76/568/ 3EC shall remain
provisionally applicable to Saint Lucia until the latter accedes
to the ACP-EEC Convention of Lome and not later than 21 February 19S0 «
       Saint Lucia shall moreover continue to benefit from the provisions
of the said decision relating to financial and technical co-operation
until the date of entry into force of the Decision adjusting the
amounts made available to the European Development Fund which the
Council is to take pursuant to Article 1(4 ) of the Internal Agreement
on the financing and administration of Community aid signed on
 11 July 1975 .
 ---pagebreak---                             - 4 -
                           Article 2
     Questions relating to the application of Decision 76/568 / EEC
to Saint Lucia , after it has become independent , shall be dealt with ,
as necessary , by direct contact between the competent authorities of
that State and of the Community .
                           Article 3
     This Decision shall enter into force on the day of its
publication in the Official Journal of the European Communities .
     It shall apply from 22 February 1979 «
                                       Done at Brussels ,
                                               Por the Council
                                                 The President


title: Recommendation for a COUNCIL DECISION authorizing the opening of negotiations with Brazil (presented by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 506
Vol. 1979/0172
 ---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(79)506 final
      COMMISSION                                                Brussels , 27 September 1
         OF THE
:U ROPE AN COMMUNITIES                                           FOR OFFICIAL USE ONLY
     General Secretariat
                                           Recommendation for a
                                             COUNCIL DECISION
                         authorizing the opening of negotiations with Brazil
                            ( presented by the Commission to the Council )
            C0M(79 ) 506 final
 ---pagebreak---                              EXPLANATORY MEMORANDUM
                                                                                (1)
           In October 1977 the Brazilian Government presented an aide-memoire
 to the Commission proposing that consideration be given to the idea of an
 agreement which would be wider in scope than the trade agreement in force
 since 1974 ( 2 ) and reflect the current state of economic relations between
 the two parties .
           Exploratory talks were held in the spring of 1978 between Brazil 's
Mission to the Communities and Commission staff . These were resumed in
May of this year , after the new Brazilian Government had reaffirmed its
 interest in the matter , and concluded on 10 July . On the basis of those
talks the Commission is in a position to present the following recommenda
tion to the Council .
 I. The reasons behind Brazil's request
      1 . External économie Eç.liçy
          The Brazilian aide-memoire started off by mentioning the country 's
success in recent years in diversifying its external economic relations
in the fields of trade , investment and sources of finance , and its poli
tical aim of consolidating these achia/ ements .
          Under the Geisel government , Brazil 's foreign policy underwent
a radical change of direction in the interests of an economic policy
designed to give the country great power status .
          The new approach consisted of basing the country 's external ties
thenceforward on objective criteria rather than on the political colouring
of its partners . This led Brazil to significantly develop jts ties with
numerous Latin American , African and Middle Eastern countries . Relations
with China were restored in 1974 , a trade agreement has been signed with
the USSR , and trade with Eastern bloc countries is growing .
          This decade has seen a considerable expansion of economic coope
ration with Japan . By broadening its external horizons in this way ,
Brazil has managed to reduce its dependence on the United States .
                                                                   ./.
( 1 ) COM SEC ( 77 ) 3971  : Council doe . S / 1798 / 77 ( COMER 335 ) 16.11.77
( 2 ) OJ No L 102 , 11.4.1974 - An agreement between the EAEC and Brazil was
                                   concluded in 1965 .
( 3 ) In . an interview given to AFP on 13 June , Brazil 's Minister for Foreign
       A.ffairs said that the Brazilian Government felt its relations with
       the EEC had attained a degree of maturity and shared interest which
       called for the construction of an institutional framework broader
       and more ambitious than t.he 1974 trade agreement currently in force .
 ---pagebreak---                                          - 2 -
        2 . Internai economiç_goliçy
             Brazil points in paragraph 4 of its aide-memoire to a structural
change taking place in the country as a result of the government 's medium-
term strategy .
             The country 's growth model was founded on rapid industrialization ,
and the first National Development Plan ( 1972-74 ) saw the inauguration of
vast development and infrastructure programmes . After the " miracle " years ,
the curb placed on Brazil 's development by the world economic crisis gave
the government a chance to take stock of its policies . While the overall
 long-term objective is naturally to stimulate the development of the domes
tic market > the medium-term strategy contained in the Second Plan ( 1975-79 )
has three essential features : 1 . maximum exploitation of energy resour
ces , 2 . a new boost for basic industries , with a return to a policy of im
port substitution , 3 . increased support for agriculture . Brazil has noted
that its heaviest import expenditure , which in the last analysis could
jeopardize expansion in the- future , is going on oil , heavy plant , fertili
zer , iron and steel , raw materials for the chemical industry , non-ferrous
metals , paper and wheat .
             Transferring resources from consumer industries ( e.g. cars ) to
basic industry, in accordance with the Second Plan , involves a certain
slowdown in growth , since the investment in mining and oil does not
immediately show a return', but it also means that growth should be more
balanced than in the1 last few years .
             That is the general background to present relations between
Brazil and the Community .
        3 . grazi l_-_EEC_relations
             While welcoming ( in paragraph 2 of the aide-(nemoire)the growth
of its economic relations with the Community in the form of trade and
 investment , Brazil notes(in . paragraph 6)that its exports are still too
 heavily concentrated' on commodities , whereas it has succeeded in diversi
 fying exports to the United States to a much greater extent .
           - Thus one of Brazil 's prime concerns is greater diversification
 of its trade with the Community .
                                                             ./.
 ---pagebreak---                                   - 3 -
         As regards its economic relations with the Community, which it
is seeking to develop , Brazil is proposing that future ties between the
partners be organized on a broad basis of cooperation . Paragraph 3 of
the Brazilian aide-memoire stresses the country 's natural resource
potential , opportunities for investment linked to an increase in exports,
import substitution and the general expansion of the domestic market .
 ---pagebreak---                                       - 4 -
II . The exploratory talks
      1 . Type_of_ ag r eement
          The exploratory talks confirmed the approach set out in the Brazi
lian aide-memoire .
          Brazil 's aim in asking for a new agreement with the Community is
to encourage collaboration in the country 's development , particularly through
 cooperation in the production of certain primary or intermediate products
necessary to the development process . Such cooperation would increase the
flow of trade, both through imports of European capital goods and through
the growth of Brazilian exports consequent on their diversification , as
the new products stemming from cooperation could also be necessary for
the activities of European or other firms .
          This would therefore be a trade and economic cooperation agreement .
          Brazil was insistent that the new agreement should be aflexible
 one , because of the particularly rapid development of international econo
 mic relations . Brazil 's economy and its trade are in the process of trans
 formation, and the same is true of the Community, which is in themidst
 of structural adjustment . It takes time to build trade and economic coope
 ration ; overspecific contractual provisions would be more- of a hindrance
 than a help to the process .
           What is envisaged , therefore , is a framework type of agreement
 setting out general aims and means of action, leaving the actual fulfil-
 ment of the aims to economic agents , encouraged by the cqntacts and in
 formation which the agreement is designed to facilitate .
           Brazil has also asked that the agreement should contain an
  acknowledgement of its status as .a developing country , as is the practice
  in international bodies . It thereby intends to secure a legitimate basis
  for possible recourse to the stage-of-development line of argument . This
  would apply both in the field of trade ( subsidies and limits on the Com
  munity 's right to take defensive measures ) and also with regard to
  industry (incentives and protection ).
                                                                  ./.
 ---pagebreak---                                        - 5 -
       The Commission pointed out that the concept of degree of development
did not automatically find its place in a framework agreement . This does
not mean, however , that no account will be taken , in the cooperation _
between the two parties , of their respective economic situations .
       Brazil did not appear willing to abandon the principle behind this
demand .
       2 . Trade_çooger ation
       Trade cooperation would take the form of consultations between
the partners on sectoral problems , with the aim of enabling Brazil to
plan its trade strategy           so that the Community would not have sudden
recourse to safeguard clauses in response to crises which could be avoided
by concerted action .
       The Brazilian Government is unable to guarantee the Community sup
plies of raw materials or semi-finished products . However , it is willing
to discuss the matter with a completely open mind on the joint committee .
        Commission staff have recently received information regarding a
problem of international freight insurance : the fact that import and ex
port freight insurance operations are reserved for national firms alone .
 It was not possible to raise this probl-em with Brazil before the explora
tory talks finished, but the Commission feels it should be brought up in
the course of the negotiations for the new agreement .
        3 . E conom i ^ coopération
        Brazil has two. aims here ,.: to hasten the transfer of activity
 towards itself , and to broaden'
 the production range of its basic industries . To this end it seeks -v
 cooperation with industrialized countries in the form of inputs of
 capital and technology .
         Industrial development in Brazil is to a large extent under the
 control of public bodies , whose approval and supervision are required
 for any investment or transfer of profits . The object of this control
 is , among other things , to direct investment towards certain sectors and
 ensure that Brazilian firms are adequately represented and protected <
 where they are active in the same sector . This system also offers foreign
  investors certain tax incentives and guarantees as to the repatriation of
 profits .
                                                                  ./.
 ---pagebreak---            Foreign investments are treated in the same way as domestic ones ,
 and Brazil is against negotiating protection agreements with its partners
 which would be bound to cause practical and political problems for the .
 country . Numerous investments have come in underthe current rules from
 various sources , among them the Community , and Brazil is pleased with the
growth of foreign investment and the rising rate of reinvestment of pro
fits ( 1 ). This shows , Brazil feels , that the country does not have a
protection problem .
          Technology contracts are also bound by regulations . Brazil regards
technology - simply as a product . It therefore feels that the price should
be fixed , and that in future the redemption period for transfers , and
hence the payment term , should be much shorter .
                                                                 ./.
( 1 ) The Brazilian Central Bank 's figures show investments from Community,
      countries standing at % 727 million in 1973 ; in 1978, the total was
      t 2 800 million , plus $ 1 600 mi L lion of reinvestments , making a figure
      of $ 4 400 million in all .
 ---pagebreak---                                         - 7 -
' III . Commission recommendation
             The Commission feels that it is in the Community 's general interest
   to agree to Brazil's request for contractual relations between the partners .
             At world level , Brazil already plays an important part in interna
  tional relations , and will do so increasingly . It is naturally keen to be
   involved in the management of the world economy .
             At bilateral level , Brazil is a relatively important partner of
  the Community 's . In 1978, in terms of exports , it ranked as the Community 's
  sixteenth biggest suppliers ( 1 ) and in terms of imports was the Community 's
  twentieth, largest customer ( 2 ). In that year , 1.7 % of the Community 's
  supplies came from Brazil ( 3 ), which in turn took 1.2 % of Community ex
  ports ( 4 ). The Community 's trade balance with Brazil generally shows a
  deficit ( 5 ). The Community forms Brazil 's largest export market ( 30 % of
  Brazilian exports in 1976 and 32 % in 1977), well ahead of the United
  States ( 18 % in both 1976 and 1977 ), but Brazil imports a little more from
  the United States than it does from the Community ( 1976 : 23 % and 20 %
  respectively ; 1977 : 20 % and -19 % ).
            Brazil is a major world producer of various products : it ranks
  first for coffee and "cane sugar , third for cocoa and soya beans , fifth
  for cotton and tobacco , and second for logs , bauxite , manganese and alu
  minium .                   ■>
            The Commission also takes the view that the turn down Brazil 's
  request would be politically inadvisable , given the part the country can
 play in the Third World , its economic performance in various sectors and
 the scope it offers the spirit of enterprise , particularly because of its
 natural resources and the potential size of its domestic market and even
  its external markets .
            Trade relations between Brazil and the Community are developing
 well , and Brazil 's general economic progress reveals scope for cooperation
 projects .
                                1974    1975     1976     1977
 (1)                            17th    18th     17th     1 6t h
 ( 2)                           1 11h   1 5t h  20th      20th
 ( 3)                           1.7 %   1.8 %    1.7 %    2.0 %
                                2.3 %   1.9 %   1.6 %     1.3 %
 (5)                            1975    1976       1977          1978
        ( million EUA )
      EEC exports           2 309     2 211       2 193       2 116
      EEC imports           2 214     2 753       3 433       3 014
          Balance           +      95 - 542    - 1 240        - 898
 ---pagebreak---          The establishment of contractual links with the Community , in addi
tion to the bilateral ties with individual Member States , cannot but be
beneficial both to Brazil 's economic development and to the activities
of European firms in that country , where competition from foreign firms ,
particularly American and Japanese , is already very strong .
         The framework agreement takes into account the development of the
Community 's operational capacity for cooperation in the economic , indus
trial and technological fields . Basically, the contracting partfes under
take to facilitate and encourage their firms' activities in the partner 's
territory or in joint enterprises or ventures .
         The Commission also feels that the Member States' right to maintain
existing economic cooperation agreements or conclude new ones should not
be mentioned in the text of any agreement with Brazil . This is an internal
matter , as it involves the division of powers between the Community and
the Member States , and the Commission feels that the best approach would
be to insert the following declaration in the Council minutes :
                    " In the field of economic cooperation , the Member
                    " States retain the power to engage in bilateral
                    " activities and to conclude new cooperation agreements
                    " with Brazil , without prejudice , however , to the
                    " relevant provisions of the Treaties establishing
                    " the Communities or provisions adopted pursuant to
                    " those Treaties , and provided , furthermore , that no
                    " bilateral action undertaken by a Member State af-
                    " fects the proper functioning or development of
                    " relations established under this Agreement ."
         In conclusion , holding the view that a framework agreement as
outlined above would be likely to further the legitimate interests of
 both parties , and that the Community should open negotiations with Brazil
 for such an agreement , the Commission, pursuant to the^Treaty, makes the
 following recommendation , accompanied by negotiating directives .
         Moreover , as the Brazilian Government has expressed the wish that
 ECSC products be included in the planned cooperation, the Commission
 also recommends that a protocol be concluded between the Member States
 of the European Coal and Steel Community and that Community on the one
 hand , and Brazil on the other , and that the Commission be authorized by
 the Representatives of the Governments of the Member States meeting
 within the Council to negotiate such a protocol as worded in the draft
 annexed to this Communication .
                                                                  )
 ---pagebreak--- Recommendation for a Council DECISION authorizing the
        opening of negotiations with Brazil
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European
Economic Community ,
Having regard to the Recommendation from the Commission ,
Whereas in October 1977 the Brazilian Government asked
to negotiate an agreement with the European Economic
Community ; whereas , in view of the results of exploratory
talks with that government , it appears desirable to au
thorize the opening of negotiations with the Federative
Republic of Brazil for the conclusion of a trade and
economic cooperation agreement ,
                  *
HAS DECIDED AS FOLLOWS :
                    Sole Article
        This Commission is hereby authorized to open
negotiations for the conclusion of a trade and economic
cooperation agreement between the European Economic
Community and the Federative Republic of Braz.il .
         It shall conduct the negotiations within the frame'
work of the directives contained in the Annex .
 Done at Brussels ,
                                 For the Council
                                 The President
 ---pagebreak---                                                          Annex to the Recommendation
                                                         for a Council Decision
                             Negotiating Directives
A. Type of agreement
    1 . Scoge
             The negotiations would aim at the conclusion of a framework
trade and economic cooperation agreement between the EEC and Brazil .
             the agreement would be of an essentially evolutive nature .
No field within Community j uris di ctionwhi ch could be the subject of
economic cooperation would be excluded a priori , and the intention
of the parties would be to explore jointly , within the joint committee ,
any concrete opportunities for cooperation which might be considered .
    3 . Duration
             The agreement would have a life of five years and would be
tacitly renewable each year unless denounced by one of the parties .
B. Content of the agreement
        a ) J>bjLe_ct2ye : tlle de v e '- 0P'nent and diversification of trade
                           at the highest possible level .
        b ) Me_ans :
            - a study would be made of ways of overcoming barriers to
               trade , taking into account the work of international
               organizations }
            - in accordance with their respective laws and policies ,
               the parties would strive to :
                . provide the fullest facilities for commercial transac
                  tions of interest to either party ,
                . seek the other party 's opinion on measures - liable to
                  have a deleterious effect on trade ,
 ---pagebreak---       . cooperate at both bilateral and international level to
         resolve trade problems of mutual concern , including .
         those relating to raw materials ,
      . take into account the other party 's interests and needs
         with regard to access to resources and their subsequent
        processing ,
      . bring together economic agents from the two regions wit
         the aim of establishing new trade flows ,
      . study and recommend trade promotion measures designed
        to encourage the growth of imports and exports .
Economic cooperation
a ) Obj_e_ctives_:
         In view of the potential complementarity of the contrac
    ting parties and the long-term goals of their respective
    economies , the planned economic cooperation would help
    achieve the fol lowing aims of the agreement :
    - promoting the development of European and Brazilian
       industry ;
    - contributing to scientific and technological progress ,
       taking into account similar work being undertaken by
       other international organizations ;
    - opening up new sources of supply and new markets ;
    - contributing generally to the development of the parties
       economies , and the raising of their living standards .
b ) Means :
        The contracting parties could encourage and facilitate ,
    inter alia :
    - broader , organic cooperation between their respective .
       industries , particularly in the form of joint ventures ;
 ---pagebreak---                                        - 3 -
                - greater participation in the parties' industrial develop
                  ment , on a basis of mutual advantage , by economic agent's
                  on the two sides ;
                - the maintainance and improvement of a favourable investment
                  climate , in particular through investment promotion and
                  protection agreements covering individual projects ;
                - technological and scientific cooperation , including the
                  development of new sources of energy , taking into account
                  similar work being done by other international organiza
                  tions ;
                - cooperation with and in other countries ;
                - the exchange of information in all fields of economic
                  cooperation .
           3 . Joint_çooger a tjon_ commet tee
                           «
               A committee would be set up to direct and promote the various
trade and economic cooperation activities envisaged, and to ensure the
proper functioning of any sectoral agreement concluded between the contrac
ting parties . The agreement should also make provision for possible
consultations at the appropriate level , within the framework of the
joint cooperation committee , to examine in a constructive spirit any
comments raised by either party regarding trade and / or economic issues .
The joint cooperation committee should be empowered to set up sub
committees to assist it in fulfilling its duties .
 ---pagebreak---                                                   Annex
Protocol to be agreed between the Member States of the
European Coal and Steel Community and the European Coal
and Steel Community on the one hand , and Brazil on the
other hand
" The provisions of the trade and economic cooperation
"agreement between the European Economic Community
" and Brazil shall also apply in the field covered by
" the Treaty establishing the European Coal and Steel
" Community ."