title: Recommendation for a COUNCIL DECISION concerning the conclusion of an Agreement resulting from the negotiations and consultations between Finland 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) 619
Vol. 1981/0188
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(81)619 final
                                                 Brussels . 22 October 1981
                             Recommendation for a
                                COUNCIL_ DECISION
                                          .«-Ά
                                       •-    ?
                              • , -•
        concerning the conclusion of an Agreement resulting from
          the negotiations and consultations between Finland and
            the European Economic' Community concerning trade in
                      ; various agricultural products
               ( submitted to the Council by the Commission )
  C0MC81 ) 619 final
 ---pagebreak---                   EXPLANATORY    MEMORANDUM
In accordance with the mandate it   received from the Council
on 16 December 1980 , the Commission conducted negotiations with
Finland concerning their reciprocal trade in cheese .   At the
same time , following Greece 's accession to the Communities , the
Commission held negotiations with Finland under Article XXIV ( 6 )
of the GATT .
The negotiations have resulted in a satisfactory overall agree
ment .
 ---pagebreak---      CONCLUSION Of AN AGREEMENT RESULTING FROM THE NEGOTIATIONS AND
       CONSULTATIONS BETWEEN FINLAND 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 Finland and the Community on trade in various agricul
      tural products ( Annex A ) ;
ii .  a draft agreement including an agreed minute and . a temporary
      arrangement ( Annex B ) .
The Commission recommends that the Council approve this Agreement .
To that' end it presents a draft decision on the conclusion of the
Agreement ( Annex C ) .
 ---pagebreak---                                                     Annex A page 1
                       Report on the outcome of the     ■
         NEGOTIATIONS AND CONSULTATIONS BETWEEN FINLAND AND THE
           COMMUNITY ON TRADE IN VARIOUS AGRICULTURAL PRODUCTS
1 . In accordance with the mandate it received from the Council on 16 De
    cember 1980 and following Finland 's request , the Commission held con
    sultations with Finland on the situation regarding 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 some features of the import systems in force in Finland 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 pre
    ferable to adopt a provisional practical solution rather than to seek a
                              4
    definitive adjustment , 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 which are the stabilization of imports into
    the Community from Finland at a certain quantitative level ( average of
    1978 , 1979 and 1980 imports ), the progressive opening of the Finnish mar --.
    ket to Community exports and the establishment , with reciprocal guarantees
    of a satisfactory competitive situation based on the setting up of a con
      *
    certed 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
    order to compensate its GATT partners for the injury caused them by the
    substitution of CCT duties for Greek customs duties bound under GATT .
    In a letter of 11 June 1981 , Finland requested the opening of those nego
    tiations 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
     Finland tariff concessions ih the cheese sector as compensation for the             -
     withdrawal of the tariff concessions bound by Greece ( in particular for
     certain cheeses ).          -       .                          . "                    -
     Finland stated that it was prepared , without binding under GATT , to in
     clude these concessions in the temporary arrangement for cheese ( see
     exchange of letters in Annex II ).                ■                         > ■ :        .
3 . 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 Helsinki on 31 August 1981 and is being submitted for
     the - approval of their respective authorities .         The agreed mirute compri - -
     ses an overall agreement ori the following points :
       ( i ) Temporary     arrangement for a concerted discipline between Finland
              and the European Economic Community concerning reciprocal, trade in ,
            , cheese ;                                      '
     ( ii ) Exchange of letters concerning the outcome of the negotiations
              between Finland and the European Economic Community under Article
              XXIV ( 6 ) of the GATT fol lowing the . accession of Greece to the European
              Communities .
                            !              •   , ■        .          .  -     . v      ;
                                   • • ,     -                 W •
 ---pagebreak---                                 AGREED MI NLiTE
    Negotiations and consultations between the Finnish Delegation
  and the Delegation of. the Commission of the European Communities
              concerning trade in various agricultural products
The Finnish Delegation and the Delegation of the Commission of the European
Communities have reached an overall agreement covering the following points :
 (i)     Temporary arrangement for a concerted discipline between Finland and
         the European Economic Community concerning reciprocal trade in cheese
         ( Annex I ) ;
Cii )    Exchange of letters concerning the outcome of the negotiations between
         Finland and the European Economic Community under Article XXIV ( 6 ) of
         the GATT following   the accession of Greece to the European Communities
        .( Annex II ).
      delegations have agreed to submit this overall agreement to their res
pective authorities for approval .
Done at Helsinki , 31 August 1981
                                                For the Delegation of
For the Finnish Delegation                      the Commission of the
                                                European Communities ,
 ---pagebreak---                                                      Annex I , page 1
                                                                         »     Ρ
                                                                         f
                     l'
            TEMPORARY ARRANGEMENT FOR A CONCERTED DISCIPLINE BETWEEN
              FINLAND AND THE EUROPEAN ECONOMIC COMMUNITY CONCERNING
                             RECIPROCAL TRADE IN CHEESE .
 I. The European Economic Community and Finland have held consultations
      concerning their reciprocal trade in 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 taken of the accession of Greece to the Community .
      They considered that , under the present circumstances , it would be prefe
      rable to seek a practical solution for a limited period rather than to
      adapt these arrangements on a definitive basis .                       -
    i                      ^                      •             •  ' v     :     . '
II . Finland and the Community have agreed to -- conclude a temporary arrangement ,
      the provisions of which are as follows :                         ,
      1 . Finland and the Community shall temporarily suspend , for an initial
          period of three years from 1 January 1982 to 31 December 1984 , the
          following provisions of the arrangements for the importation of cheeses
          into the Community :        -                 '
 ---pagebreak---                                                                  Annex I , page 2
   the value Limits included in the binding under 6ATT ( 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 I b ) 2 ;
   the value limits included in the Community 's autonomous concession . for
   processed cheese falling within CCT subheading 04.04 D I.
Finland and the Community will establish for the same period as the suspen
sions mentioned in paragraph 1 above the following trade arrangements .
For the period from 1 January 1982 to 31 December 1984 , for the cheeses lis
ted below , the quantities traded each year and the duties to be levied on
importation may not exceed the following levels :
a ) ON IMPORTATION INTO THE COMMUNITY :            .          '
      Cheese falling within CCT headihg No 04.04 originating in and coming from
      Finland / accompanied by an approved certificate :
                                             -           Quantity                    Import duty
      - Finlandia , of a minimum fat content         (
        of 45 % by weight , in the dry matter ,!
        matured for at least'100 days , in           t
        rectangular blocks , of a net weight , i
        of not less than 30 kg , falling             I
        within CCT subheading 04.04 E I b ) 5 £ 5 850 t , inclu-
      - Emmentaler
                 ...
                     ,. Gruyere , Sbrinz
                                    .    .
                                           and Berg-).-i          onna ^ 1rJUm
                                                          of 2 900 t       for ,
                                                                                ' 18,13 ECU /100 kg
    ,   kase , not - grated or powdered , of a       J _. ,         ..
          . .     , f      ^ ^ , , c o, t                 Finlandia
        minimum fat content of 45 A by weightJ
        in the dry matter, matured for at            |         _
        least three months , falling within          1
        CCT subheading 04.04 A I or II :             I
        . whole cheeses          -                   t
        .. pieces packed in. vacuum or in inert                                  .         .
           gas with rind on at least one side ,
           of a net weight of not less than
           1 kg but less than 5 kg                        1 350 t                    18,13 ECU / 100 kg
 ---pagebreak---                                                         ANNEX I , page 3
                                                 Quantity              Import duty
                                V
     - Processed cheese , not grated or
     • powdered , in the, blending of which .,
         only Emmentaler , Gruyere and Appen
         zell have been used and which may
         contain , as an addition , Glarus
      , herb cheese ( known as Schabziger ),
         put up for retail sale , of a fat
         content , by weight , in the dry
       i matter , not exceeding 56 %, falling
         within CCT subheading 04.04 DI or
         DII a )    1         "                     500 t          36.27 ECU / 100 kg
     - Other                        t"              ' 0 t
b ) ON IMPORTATION INTO FINLAND
     Cheese falling within heading n° 04.04 of the Finnish Cu-stom ^ Tariff ,
    originating in and coming from the        Community , and accompanied by an
     approved certificate of quality and origin
                                                Quantity              Import duty
    04.04.150 fresh cheese , curd                                 2 /3 of the levy
                                       J overall quanti ty
                                       î of   .
              200 processed cheese                                1 /3 of the levy
            .   *           ■
                                         400 t for 1982
            3.00 whey cheese                                      2 / 3 of the levy
                                         500 t for 1983
                                                                         '            ^
              4U0 mould-cured cheese                              1 /3 of the levy
                                         600 t for 1984
              901 Emmentaler– type                                full levy
                  ■ cheeses
                                         with no restrictions
                                         as to type or quality
              902 Edam-type cheeses                               full levy       '
              909 other cheeses                                   1 /3 of the levy
 ---pagebreak---                                                            ANNEX I , page 4
 3 . Finland undertakes to take the necessary measures to ensure that :
       i.   the quantities it has agreed to export to the Community ( see 2 . ( a ))
            will not be exceeded ;
      ii .  import Licences will be granted regularly and in such a way that the
            quantities it has agreed to import from the Community ( see 2 . ( b ) )
          ' can be reached .            1                     - .
     The Community and Finland will take stemps to ensure that the benefits
     which they grant each other will not be jeopardized by other import measures .
4 . Finland and the Community undertake , each on its own behalf , to ensure that
     the prices charged by their exporters are not such as to create difficul
     ties 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 the 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 .
5 . The two parties may consult each other at any stage concerning the opera
     tion of this Arrangement and may , by common accord , alter it if necessary
     by reference in particular" to the trend of market prices , production , mar
     keting or consumption of home-produced and imported cheeses .
6 . In order to ensure constant cooperation in the day -to -day running of export
     and import operations , the Finnish Government and the Community shall each
     appoint a Delegate .     These Delegates will exchange information on the de
     velopment of trade as regards prices and quantities marketed .
 ---pagebreak---                                                     Annex I , page 5
            f
7 . During the first half of 1984 , consultations will be held in order to
    decide whether this Arrangement should be extended , and if so , on what ,
    terms . .
8 . All the provisions contained in this Arrangement will enter into force
    on the same date .
Done at
For the Government , of the                        On benalf of the Council
    Republic of Finland                          of the European Communities
 ---pagebreak---                                                     Annex 1 , page 6
                                       A  rX
With a view to preventing the prices charged by exporters from being
suc.h as to create difficulties on the importing country 's market , the
following information and cooperation system has been set up :
1)   Finland will provide the Commission of the European Communities with
    the following information on each category of cheese covered by the
    Arrangement :
    - two weeks before the beginning of each quarter , prospective Finnish
       exports to the Community for the next quarter ( anticipated quantities ,
       free -at - Finnish - frontier prices , probable markets ) ;
                                     »
    - three weeks following the end of each quarter , actual Finnish exports
       to the Community during the past quarter ( quantities and free-at-
       Finnish-frontier prices , importing member countries ).
2 ) 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 .
 ---pagebreak--- DELEGATION OF THE COMMISSION                                             Annex II , page 1
               OF THE
    EUROPEAN COMMUNITIES
             Sir ,
                      I have the honour to refer, to the note which the " Finnish Perma
             nent Mission in Geneva addressed to the Permanent Representative of the
             Commission of the European Communities in Geneva on : 1 1 ; June 1981 concer
            ning Finland 's request for the initiation of negotiations . with the
             Community under Article XXIV < 6 ) of the GATT , following - the accession bf
           Greece to the European Communities .
                      I noted Finland 's claim that , for the 'following tariff headings ,
             listed in Schedule XXV - Greece , .which has : been ^withdrawn , it was
            Greece 's main supplier outside the Community :                              * .
             - 04.04 B 5 " Dutch cheeses "
             - 04.04 B 9 Other prepared cheeses .
                      As a result of the negotiations held on this subject between our
          . delegations during the consultations concerning cheese , concessions were
            •included in the " Temporary arrangement .for .■ a . . concerted discipline on re
             ciprocal , trade in cheese " as compensation ifor the rights, which Finland .
            has under Article XXIV <6 ) .                                    ''
                      The Community gives an undertaking to enter into .consultations
            with Finland , should this temporary Arrangement expire , in order to give
             it compensation equivalent . to its rights under Article XXIV ( 6 ).            *
                                                                                i
                      I should be grateful if you would confirm whether you are in
            agreement with the above .              .
                      Please accept , Sir ,- the assurance of my ; hig.hest consideration .
 ---pagebreak--- FINNISH DELEGATION
                                                            Annex II - page 2
           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 Finnish Perma
           nent Mission in Geneva addressed to the Permanent Representative of the
           Commission of the European Communities in Geneva on 11 June 1981 concer
           ning Finland 's request for the initiation of negotiations - with the
           Community under Article XXIV ( 6 ) of the GATT , following the accession of
          Greece to the European Communities .
                                                                                /
                   I noted Finland 's claim that , for the following tariff headings ,
           listed in Schedule XXV - Greece , which has been withdrawn , it was
           Greece 's main supplier outside the Community :
                          ' I . •                        *          • • ,
           - 04.04 B 5     Dutch cheeses
           - 04.04 B 9 Other prepared cheeses .
                   As a result of the negotiations held on this subject between our
           delegations during the consultations concerning cheese , concessions were
           included in the "Temporary arrangement for a concerted discipline on re
           ciprocal trade in cheese " as compensation for the rights which Finland
          has under Article XXIV ( 6 ).
                   The Community gives an undertaking to enter into consultations
           with Finland, shoufd this temporary Arrangement expire , 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---                                                                  ANNEX C page 1
                            RECOMMENDATION FOR A COUNCIL DECISION
concerning    the conclusion of an Agreement resulting from the negotiations and
           consultations between Finland 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 ,
         arid 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 Finland on
         reciprocal trade in cheese and has reached a satisfactory agree
         ment with that country in a spirit of reciprocity ;
                                                        ' . wh i c h
         Whereas , in accordance with the authorization' i t received from the Council on
         28 April 1981 , the    Commission initiated negotiations with Finland under Ar
         ticle XXIV ( 6 ) of the GATT following the accession of Greece to the European
         Communities and has reached an acceptable agreement ,
         HAS   DECIDED AS FOLLOWS
                                              Article 1
         The Agreement between 'Finland and the    European Economic Community compri
         sing :
         - a temporary arrangement for a concerted discipline between Finland and
            the European Economic Community concerning reciprocal trade in cheese ;
 ---pagebreak---                                                        ANNEX C , page 2
- an exchange of Letters concerning the outcome of the negotiations between
  Finland and the European Economic ~ immunity under Article XXIV ( 6 ) of the
  GATT following the accession of Greece to the european Communities ;
is hereby approved on behalf of the Community .
   V                ,                  • V
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 Counci I
                                            The President


Recommendation for a COUNCIL DECISION - EXTENSION OF THE EEC- EFTA AGREEMENT IN THE FIELD OF TECHNICAL REGULATIONS


title: RECOMMENDATION FOR A COUNCIL DECISION CONCLUDING THE PROTOCOL TO THE BARCELONA CONVENTION OF 1976 CONCERNING MEDITERRANEAN SPECIALLY-PROTECTED AREAS

text:
No C 278/4                          Official Journal of the European Communities                                    21. 10.82
                                                          II
                                                   (Preparatory Acts)
                                             COMMISSION
              Recommendation for a Council Decision concluding the Protocol to the Barcelona
                        Convention of 1976 concerning Mediterranean specially-protected areas
                          (Submitted by the Commission to the Council on 28 September 1982)
THE COUNCIL OF THE EUROPEAN                                    the fauna and flora protected by it and could,
COMMUNITIES,                                                   therefore, affect the free circulation of goods between
                                                               Member States;
Having regard to the Treaty establishing the
European Economic Community, and in particular                 Whereas some provisions of the said draft Protocol
Article 235 thereof,                                           could affect Council Directive 76/464/EEC of 4 May
                                                                1976 on pollution caused by certain dangerous sub-
Having regard to the recommendation from             the       stances discharged into the aquatic environment of
Commission,                                                    the Community (3), Council Directive 79/409/EEC
                                                               of 2 April 1979 on the conservation of wild birds (4),
Having regard to the opinion of the European
                                                               Directive 79/923/EEC 30 October 1979 on the
Parliament,
                                                               quality required of shellfish waters (5) and Council
Whereas the action programme of the European                   Regulation (EEC) No 348/81 of 20 January 1981 on
Communities on the environment (') stresses the need           common rules for imports of cetacean products ( 6 );
to protect and to purify the sea, in order that it might
continue to play its part in the preservation and              Whereas the said Protocol concerning Mediterranean
development of species, and to maintain the vital              specially-protected areas sets out to safeguard the
ecological balance;                                            common natural resources of that region, to preserve
                                                               the diversity of the endemic species and to protect
Whereas the said action programme underlines the               certain natural habitats by setting up a number of
urgent need for international solutions to the problem         specially protected areas;
of the development and ecological management of
coastal regions;                                               Whereas most of the signatories to the Barcelona
                                                               Convention and to the annexed Protocols enjoy a
Whereas cooperation with the developing countries,             special relationship with the Community within the
in particular with the Community's Mediterranean               framework          of its overall approach to the
partners, on environmental matters is one of the               Mediterranean, particularly as regards cooperation;
objectives of the said action programme;                       whereas the Protocol concerning Mediterranean
                                                               specially-protected areas lays down detailed rules for
Whereas Article 4 of the Barcelona Convention                  such cooperation in the sectors which it covers;
concluded on behalf of the Community on 25 July
1977 (2) empowers the Contracting Parties to adopt             Whereas the Community                   participated  in   the
additional Protocols prescribing measures, procedures          negotiations on the Protocol;
and standards for the implementation of the said
Convention; whereas in application of that Article the         Whereas the Community signed the Protocol
Mediterranean States represented at a conference of            concerning Mediterranean specially-protected areas
plenipotentiaries held in Geneva on 2 and 3 April              on          ;
1982 signed the Protocol to the said Convention
concerning Mediterranean specially-protected areas;            Whereas the Community should conclude the
                                                               Protocol to the Barcelona Convention concerning
Whereas the Protocol concerning Mediterranean                  areas in order to attain, in the course of the operation
specially-protected areas provides for the adoption of
measures concerning trade, imports and exports of
                                                               (3)  OJ No L 129, 18. 5. 1976, p. 23.
                                                               (4)  OJ No L 103, 25. 4. 1979, p. 1.
O OJ No C 112, 20. 12. 1973; OJ No C 139, 13. 6. 1977.         (5). OJ No L 281, 10. 11. 1979, p. 47. -
(2) OJ No L 240, 19. 9. 1977, p. 3.                            (6)  O J N o L 3 9 , 12. 2. 1981, p. 1.
 ---pagebreak--- 21. 10.82                          Official Journal of the European Communities                             No C 278/5
of the common market, one of the objectives of the              hereby approved on         behalf  of   the    European
Community in the field of the protection of the                 Economic Community.
environment and of the quality of life, and whereas
no provision is made in the Treaty for the powers
necessary to this end,                                          The text of the Protocol is annexed to this Decision.
HAS DECIDED AS FOLLOWS:
                         Article 1                                                      Article 2
The Protocol to the Barcelona Convention of 1976                The President of the Council shall deposit the acts as
concerning Mediterranean specially-protected areas is           provided for in Article 18 of the Protocol.
                                                     PROTOCOL
                                   concerning Mediterranean specially-protected areas
                                                   United Nations 1982
THE CONTRACTING PARTIES TO THE PRESENT                          2.    Nothing in this Protocol shall prejudice the
PROTOCOL,                                                       codification and development of the law of the sea by
                                                                the United Nations Conference on the Law of the
being parties to the convention for the Protection of
                                                                Sea convened pursuant to Resolution 2750 C (XXV)
the Mediterranean Sea against Pollution, adopted at
                                                                of the General Assembly of the United Nations, nor
Barcelona on 16 February 1976,
                                                                the present or future claims and legal views of any
conscious of the danger threatening the environment             State concerning the law of the sea and the nature
of the Mediterranean Sea Area as a whole, in view of            and extent of coastal and flag State jurisdiction.
the increasing human activities in the region,
taking into account the special hydrographic and
ecological characteristics of the Mediterranean Sea                                     Article 2
Area,                                                           For the purposes of the designation of specially
stressing the importance of protecting and, as appro-           protected areas (hereinafter referred to as 'protected
priate, improving the state of the natural resources            areas'), the area to which this Protocol applies shall
and natural sites of the Mediterranean Sea, as well as          be the Mediterranean Sea Area as defined in Article 1
of their cultural heritage in the region, among other           of the Convention for the Protection of the
means by the establishment of specially protected               Mediterranean Sea against Pollution (hereinafter
areas including marine areas and their environment,             referred to as 'the Convention'); it being understood
                                                                that, for the purposes of the present Protocol, it shall
desirous of establishing close cooperation         among        be limited to the territorial waters of the Parties and
themselves in order to achieve that objective,                  may include waters on the landward side of the
                                                                baseline from which the breadth of the territorial sea
HAVE AGREED AS FOLLOWS:                                         is measured and extending, in the case of water-
                                                                courses, up to the freshwater limit. It may also
                         Article 1                              include wetlands or coastal areas designated by each
 1.   The Contracting Parties to this Protocol (here-           of the Parties.
inafter referred to as 'the Parties') shall take all
appropriate measures with a view to protecting those
marine areas which are important for the safeguard of                                   Article 3
the natural resources and natural sites of the
Mediterranean Sea Area, as well as for the safeguard             1.   The Parties shall, to the extent possible,
of their cultural heritage in the region.                       establish protected areas and shall endeavour to


RECOMMENDATION FOR COUNCIL DECISION ( EEC ) CONCLUDING THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF TUNISIA CONCERNING THE IMPORT INTO THE COMMUNITY OF PRESERVED FRUIT SALADS ORIGINATING IN TUNISIA


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

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1894
Vol. 1973/0335
 ---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)1894 final
                                                         Brussels . 8 November 1973
                               RECOMMENDATION FOR A
                                 COUNCIL DECISION
                  on the conclusion of an agreement between the
                             European Economic Community
                       and the Republic of Indonesia for the
                         supply of soft wheat as food aid
                    ( submitted to the Council "by the Commission )
COM(73 ) 1894 final
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 113 » 11^ and 228 thereof ;
Having regard to the Recommendation from the Commission ;
Whereas the European Economic Community has deposited a Declaration for
provisional application of the 1971 Food Aid Convention ; whereas that
Convention has been applicable since 1 July 1971 ;
Whereas the Republic of Indonesia by its letters of 5 November 1971
12 December 1972 has requested food aid ;
Whereas in view of the cereal supply situation in the Republic of Indonesia
that country should be accorded , by way of gift , 2^.000 metric tons of soft
wheat of which 17.000 tons forming part of Community Food Aid Programme
for 1971/72 and 7.000 tons of the 1972/73 programme
DECIDES :
                                 Article 1
On behalf of the European Economic Community an agreement , the text whereof
is annexed hereto , shall be concluded between the European Economic Communit
and the Republic of Indonesia for the supply of soft'-, wheat as food aid .
                                 Article 2
jihe President of the Council is hereby authorised to designate those who
are to sign the agreement and to confer on thera the requisite powers to bind
the Community .
Done at Brussels ,                19 »«            For the Council
                                                   The President
 ---pagebreak---                   AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE
            REPUBLIC OF INDONESIA
    ON THE SUPPLY OF FOOD AID IN THE FORM
                OF SOFT WHEAT
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES
                                        on the one hand ,
                      i
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA
                                        on the other hand ,
HAVE DECIDED to conclude this Agreement and to this end have
designated as their plenipotentiaries :
THE COUNCIL OF . THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak--- The European Economic Conrunity shall supply the Republic of
Indonesia , hereinafter referred to as the "recipient country",
with 2^.000 metric tons of soft wheat of which 17.000 tons would
be part of the 1971/72 programae and 7-000 tons of that for 1972/73-
                       ARTICI3 II
Deliveries will be made in bulk fob Community ports .
                       A57ICL3 III
The obligations and responsibilities of the European Economic
Community and of the recipient country relating to delivery and the
taking of delivery are defined in the Annex , which forms an integral
part of this Agreement .
                       ARTICLE IV
The recipient country undertakes to sake all necessary arrangements
for the transport and insurance of the product from ports of shipment •
to places of destination .
It undertakes to exercise the greatest possible care to ensure that
the tendering arrangements for the transport by sea are not prejudicial
to the . free play of fair competition . Any problems arising in this
connection shall be the subject of consultations under Article IX of
the present Agreement .
                       ARTICLE V
The recipient country undertakes to use the product received as aid
for purposes of consumption and to apply , for the sale of the product
on its market , the prices normally charged on that market for products
of comparable quality .
 ---pagebreak--- The proceeds from this sale , less the cost of sea transport ,
insurance and the normal cost of selling the product on the
recipient country 's market , v/ill be paid into a special account
in the Central Bank until the entire quantity of the aid
received is sold . At that point the proceeds shall be transferred
to the development budget of the recipient country to be used for
financing development projects .
                            ARTICLE VI
The contracting parties undertake to implement this Agreement
in such a way as to avoid any prejudice to the normal structure
of domestic production and international trade . To this end they
shall take any measures required to ensure that aid supplies are
in addition to , and do not replace , business transactions which
might reasonably be expected in the absence of such supplies .
                            ARTICLE VII
                                                           •    • •
The recipient country shall take any measures required to
prevent :
i)   the re-export of the product received as aid and of products
     and by-products resulting from such supplies ;
ii ) the export , commercially or otherwise , within six months
     of the last delivery , either of the product obtained locally
     and of the same nature as the product received as aid or - of
     any products of by-products resulting from it .
                            ARTICLE VIII
             *
The recipient country undertakes to inform' the European
Economic Community how this Agreement is being implemented . To
this end it shall provide the Commission of the European Communities
with the following information :
                                                        /
 ---pagebreak--- i)    Hot later than thirty days aftor tho unloading of each cargo :
      ports and dates of arrival of the vessel ; nature , quantity
      and quality of the products unloaded ; date on which unloading
      was completed ;
ii )  Every three months until the quantities received as aid have
      been fully sold : quantifies cold ; how they have been sold ,
      selling prices ; normal selling costs on the recipient country 's
      market ;
iii ) immediately after the proceeds of the sale have been transferred
      the development budget :
          on progress made and degree of realisation of one or more
          development projects on the 1972/73 list of projects communi
          cated by the recipient country as being undertaken with the
          assistance of the member stated , broadly corresponding to th
          proceeds from the sale of the product received as aid .
                              ARTICLE IX
At the request of either of them , the Contracting Parties shall consu
each other on any questions concerning the implementation of this
Agreement .
                              ARTICLE X
This Agreement is drawn up in duplicate in the Danish , Dutch ,
English , French , Germand and Italian languages , each of these
texts being equally authentic .
 ---pagebreak---           ANNEX TO ARTICLE TIT OF THE AGREEMENT
                            Article 1
Delivery shall be effected and risks shall pass from the
European Economic Community to the recipient country at the moment
at which the goods have been placed in the ship 's hold at the port
of shipment .
The recipient country shall bear all costs subsequent to delivery
of the goods , including costs of stowage and , where appropriate ,
of trimming and bagging .
Any demurrage costs or dispatch at the port of shipment shall
be a charge on or for the benefit of the European Economic
Community and shall be determined before the vessel sails .
The rates and detailed arrangements relating thereto laid down
in the contract between the recipient country and the carrier must
have been agreed upon in advance by the recipient country and the
authorised agent of the European Economic Community referred to in
Article 9 «        '    (
                            Article 2
The European Economic Community shall notify the recipient country
m good time of the port or ports of shipment , the quantities to
be delivered at each port , the period within which loading must
begin , and thfe daily loading rate .
                            Article 3
The European Economic Community must be prepared to load the goods
on the date resulting from the instructions in Article 8 , whereon the
vessel should be ready for loading .                                   '
                            Article k                                1
On delivery of the goods , a tolerance of 5 % less than the quantity
to be supplied in accordance with Article 1 of the Agreement is
permitted .               ~
 ---pagebreak---                       Article 5
Once the goods are on board the vessel , the European Economic
Community shall notify the recipient country of the date of
loading , and the quantity and quality of the goods as . recorded        i
on loadmg .                                                               ;
                                                                          (
                      Article 6
The recipient country shall supply the European Economic Community ,
whithin the period referred to in Article 2 , with a vessel of dimensit
corresponding to the normal loading potential of the port of shipment .
Should it prove impossible for the vessel to begin loading within
the period referred to in Article 2 and should the recipient country
not have notified the European Economic Community of this fact in
v/riting at the latest by the date on v/hich the vessel should be ready
for loading in accordance with Article 8 , the goods shall be at the
disposal of the European Economic Community .
Whatever the circumstances , the goods shall be hold at the expense,'
risk and peril of the recipient country .
                      Article 7
Should the recipient country fail to provide a vessel of suitable
tonnage or i'f the quantity made available for loading on a vessel
of suitable tonnage cannot be put on board in its entirety because
of circumstances beyond the control of the European Economic Communit ;
the balance shall be loaded into the next vessel under the conditions
laid down in this annex .
In this event , until the date of loading of thif balance or until
the recipient country gives notice in writing that it gives up this
balance ,. the goods shall be hold at the expense , risk and peril of the
recipient country . ■
The recipient country must notify the European Economic Community
whithin a period of a maximum of 30 days from the beginning . of
loading of the shipment to which these goods should have belonged ,
of the date on which loading of this balance is due to begin or          ;
of its renunciation of this balance .                          *         j
If this obligation is not respected , the European Economic Community j
may consider that it has discharged its commitment to the recipient
country under Article 1 of the Agreement .                               j
 ---pagebreak---                     Article 8
The recipient country shall nane for the European Economic Community
the vessel that is to ship the goods at least 10 clear days prior to
estinated date of arrival of the vessel in port or , where possible ,
20 clear days prior to this date , and shall at the same tine indicat
how soon after that date the vessel will be ready for loading .
The recipient country shall insert in the charter party a clause
requiring the captain to inform the European Economic Community
at least 72 hours in advance of the vessel 's estimated date of
arrival in port .
                  . Article 9
To implement the provisions of this annex , the European Economic
Community shall appoint an authorised agent , whose name and address
shall be made known in good time to the recipient country .
The recipient country shall nominate a receiving agent in each port
of shipment , whose name and address shall be aade known to the Europ
Economic Community before the Agreement is implemented .         .


title: Recommendation for a COUNCIL DECISION approving a draft Additional Protocol to the European Agreement on the Exchange of Therapeutic Substances of Human Origin (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 198
Vol. 1982/0061
 ---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(82)198 final
                                                       Brussels . 23 April 1982
                           Recommendation for a
                               COUNCIL DECISION
approving a draft Additional Protocol to the European Agreement on
      the Exchange of Therapeutic Substances of Human Origin
                      Æ
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                       v • 'v•                XV cV
                                    , v.^y
            ( submitted to the Council by the Commission )
C0MC82 ) 198 final
 ---pagebreak---                                                            COM yiiE
                       E X PL AN ATOR Y M E MOR A N DU M
By its Decision of 25 3une 1979 the Council authorized the Commission to
conduct negotiations within the framework of the Council of Europe with the
object of. adding to the European Agreement, on the Exchange of Therapeutic
Substances of Human Origin a Protocol which would enable the European
Economic Community to become a Contracting Party to this Agreement .
Behind this Decision was the fact that Article 5(1 ) of the European
Agreement on the Exchange of Therapeutic Substances of Human Origin
specifies that 'The Contracting Parties shall take all the necessary measures
to exempt from all Import duties the therapeutic substances of human origin
put at their disposal by the other Parties' , Only the Community is competent
to grant derogations from the application of Common Customs Tariff
duties .
Negotiations between the Commission and the Secretariat-General of the
Council of Europe have resulted in a draft Additional Protocol which has
been conceived as an integral part of the Agreement and which wiii enable
the European Economic Community to become a Contracting Party to the
Agreement by signing it .
Once it has received the prior approval of the Council of Ministers of the
EEC , the Secretariat-Genera I of the Council of Europe will submit this draft
Additional Protocol to the Committee of Ministers of that body. It would
like to be abie to do so during a meeting to be held Irs May of this year.
When the Committee of Ministers of the Council of Europe has decided to
add this Protocol to the Agreement, the European Community will, be able
to become a Contracting Party to the latter ,
 ---pagebreak---                                       - 2 -
Consequently , the Commission recommends the Council to approve the draft
Additional Protocol to the European Agreement on the Exchange of
Therapeutic Substances of Human Origin and to authorize the Commission
to notify the Secretariat-General of the Council of Europe of such
acceptance (Annex 1 ).
When this Additional Protocol has been adopted by the Committee of
Ministers of the Council of Europe (probably during the second half of 1984),
the Commission will recommend the Council of Ministers of the Community
to accede on the latter's behalf to the European Agreement on the Exchange
of Therapeutic Substances of Human Origin .
 ---pagebreak---                                                   ANNEX I
                               Recommendation
                            for a Council Decision
                               approving a draft
               Additional Protocol to the European Agreement
        on the Exchange of Therapeutic Substances of Human Origin ,
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 Article 5(1 ) of the European Agreement on the Exchange of
Therapeutic Substances of Human Origin Jays down that The Contracting
Parties shall take all the necessary measures to exempt from all import
duties the therapeutic substances of human origin placed at their disposal by
the other Parties'?
Whereas only the Community is competent to grant derogations from the
application of the Common Customs Tariff in respect of autonomous or
conventional rates of duty;
Whereas the Secretariat-General of the Council of Europe proposes to
add to the said Agreement          an Additional Protocol which would enable
the European Economic Community to become a Contracting Party thereto
and thereby exercise its competence?
Whereas the draft Additional Protocol meets the requirements
of the European Economic Community,
 ---pagebreak---                                    - 2 -
HAS DECIDED as follows:
                                 Article 1
The draft Additional Protocol to the European Agreement on the Exchange
of Therapeutic Substances of Human Origin , proposed by the Secretariat-
General of the Council of Europe , is hereby approved on behalf of the
Community .
The text of this Additional Protocol is annexed to this
Decision .
                                 Article 2
The Commission shall inform the Secretariat-General of the Council of
Europe that the Community approves the draft Protocol referred to in
Article 1 .
                                      Done at Brussels,
                                      For the Council,
                                      The President ,
 ---pagebreak---                            ADDITIONAL PROTOCOL
                       TO THE EUROPEAN AGREEMENT
ON THE EXCHANGE OF THERAPEUTIC SUBSTANCES OF HUMAN ORIGIN
The member States of the Council of Europe , Contracting Parties to the
European Agreement of 13 December 1953 on the exchange of therapeutic
substances of human origin (hereinafter called "the Agreement"),
Having regard to the provisions of Article 5, paragraph I , of the Agreement,
according to which "The Contracting Parties shall take all the necessary
measures to exempt from all import duties the therapeutic substances of
human origin placed at their disposal by the other Parties";
Considering that so far as the member States of the European Economic
Community are concerned, the undertaking to grant this exemption falis
within the competence of the Community,, which possesses the necessary
powers in this respect by virtue of the Treaty which established its
Considering therefore that for the purpose of the implementation of Article
5, paragraph I , of the Agreement, it Is necessary for the European Economic
Community to be able to become a Contracting Party to the Agreement,
Have agreed as follows?
                                   Article 1
The European Economic Community may become a Contracting Party to the
Agreement by signing it. In respect of the Community, the Agreement shall
enter into force on the first day of the month following such signature
 ---pagebreak---                                        - 2 -
                                   Article 2
1.    This Additional Protocol shall be open for acceptance by the
      Contracting Parties to the Agreement . It shall enter into force on the
      first day of the month following the date on which the last of the
      Contracting Parties has deposited its instrument of acceptance with
      the Secretary General of the Council of Europe.
2.    However , this Additional Protocol shall enter into force on the
      expiration of a period of two years from the date on which it has been
      opened for acceptance, unless one of the Contracting Parties has
      notified an objection to the entry into force. If such an objection has
      been notified , paragraph 1 of this Article shall apply.
                                   Article 3
                                                            i
From the date of its entry into force, this Additional Protocol shall form an
integral part of the Agreement . From that date, no State may become a
Contracting Party to the Agreement without at the same time becoming a
Contracting Party to the Additional Protocol .
                                   Article 4
The Secretary General of the Council of Europe shall notify the Member
States of the Council of Europe, any State having acceded to the Agreement
and the European Economic Community of any acceptance or objections
made under Article 2 and of the date of entry into force of this Additional
Protocol in accordance with Article 2 .
Done at Strasbourg, the               , in English and French , both texts being
equally authentic , in a single original which shall be deposited in the archives
of the Council of Europe. The Secretary General of the Council of Europe
shall transmit certified copies to each member State of the Council of
Europe, to any State invited to accede to the Agreement and to the European
Economic Community.