title: Recommendations for COUNCIL DECISIONS concerning the signature and deposit of a declaration of provisional application, of the Protocol of 7 April 1978 for the further extension of the International Olive Oil Agreement, 1963, as amended and extended (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 291
Vol. 1978/0106
 ---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(78)291 final
                                            Brussels - 29 June 1978
                            Recommendations for
                             COUNCIL DECISIONS
         concerning the signature and deposit of a declaration
         of provisional application, of the Protocol of 7 April 1978
         for the further extension of the International Olive Oil
         Agreement / 1963 /      as * amended and extended j.
            ( submitted to the Council by the Commission )
C0MC78 ) 291 final
 ---pagebreak---                            Explanatory memorandum
      - The International Olive Oi L Agreement , 1963 , to which 'the Community
        has been a party since 1 January 1978 , was last amended and extended
        by a Protocol of 23 March 1973 and expires on 31 December 1978. A
        United Nations Conference was held in Geneva from 5 to 7 April 1978 on
        the extension of the Agreement for one year , i.e. until 31 December 1979 .
        The Commission was authorized by a' Council Decision oi 4 April 1978 to •            -
        conduct on behalf of the ; European Economic Community the negotiations
        for the extension of the International Olive Oil Agreement for one year .          ."
        The United Nations Conference in Geneva ended on 7 April with the a.dop -        '
        tion of a Protocol extending the Agreement , and the Commission therefore -"
        requests the Council to designate the person authorized to sign the said
        Protocol o'n behalf of the Community .    .       -
        Under the Community procedure in force , the Community will sign the
        Protocol following signature by the governments of all the Community
        Member States .                     - ■.    ,                      ....     ' '•
        The Protocol . is open for signature in Madrid with the Government, of Spain ,
    .   the Depositary of the Agreement , until 31 October 1978 .
        The instrument of ratification or acceptance or approval should be' deposited
        at the latest by 31 December 1978 and if this is not possible a declaration
' ,     of provisional application should be deposited before that date .
                         -  ■          Recommendation
        The Council is requested to take a decision as regards the signature of the
        Protocol before 31 October 1978 and , for practical reasons , the deposit of
        a declaration of provisional application at the same time as the signature .
 •      The draft legal texts are set out " at Annex I. .                       . .
        The Protocol of 7 'Apri l 1978 is set out at Annex II .
 ---pagebreak---                                                                ANNEX 1 A
        Recommendation for a Council Decision on the signature of the
        Protocol of 7 April 1978 for the further extension of the Inter
        national Olive Oi.l Agreement , 1963 , as     amended and extended .
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 ,
HAS DECIDED AS  FOLLOWS  :
                           Sole Article
The President of the Council is hereby authorized to designate the
person empowered to sign the Protocol of 7 April 1978 for the
 further extension until 31 December 1979 , of the
International Olive Oil Agreement , 1963 , as       amended and extended .
Done at Brussels ,                                   For the Counci l
 ---pagebreak---                                                                   Α'ΙΝΕΧ 1 Β
                Recommendation for a Council  Decision
concerning the signature and deposit of a declaration of provisional
application of the ProtocoL of 7 April 1978 for the further extension
of the International Olive Oil Agreement , 1963 , as          amended and
              extended
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the Eurcoean Economic Community ,
and in particular Article 113 thereof ,
Having regard to the Recommendation from the Commission ,
HAS  DECIDED AS  FOLLOWS :
                            Se le Article
The President of the Council is hereby authorized to designate the person
empowered to sign the declaration of provisional application annexed hereto
and to deposit it i-;ith the GcverTierit of Spain .
                                              3 y t ne Counci l
 ---pagebreak---                                                                   ANNEX 1 C
Declaration of provisional application of the Protocol of 7 April 1978
for the further extension of the Olive Oil Agreement ,, 1963 , as
amended and extended .
It is unlikely that the European Economic Community can complete by 31
December 1978 the institutional procedures provided for in Article 5 .
of the Protocol of 7 April 1978 for the further extension of the Inter
national Agreement on Olive Oil , 1963 , as      amended and extended .
Therefore , in accordance with Article 7 or the said Protocol , the Com
munity makes this declaration of provisional application of this Protocol .
By depositing such a declaration , the Community considers itself to be
provisionally a Party to the Protocol , with all the rights and obligations
which result theref rom,unti I such time as the Council of the European
Communities shall have taken a final decision in the matter .
                                                   By the Council
 ---pagebreak---                         PROTOCOL OP 7 APRIL 1978 FURTHER EXTENDING THE      ■               -
                           INTERNATI ONAL OLIVE OIL AGREEMENT , 1963 ,
                                   AS AMENDED MD EXTENDED
The Parties to this Protocol .
       VHiereas the International Olive Oil Agreement , 1963 - replacing the 195°
Agreement amended. Toy the Protocol of 3 April 1953 - as extended and amended "by the . ■
successive Protocols adopted in Geneva on 30 March 1967 , 7 March 1969 and 23 - March
 1973 , including the amendments which came into force on 1 November 1 97 1 under the
provisions of article 3P< of t)ie Agreement ( all of which instruments are hereinafter
referred to as " the Agreement "), is , in principle , due to expire on 31 December 1978 ,
       De crr.lr.g that a one-year extension of the Agreement is required in order to
continue preparatory work for the negotiation of a new International Olive Oil
Agreement 'under UNCTAD resolution 93 \ IV ) concerning the Integrated Programme for
Commodities , the commodity coverage of which includes olive oil ,
    ■ Have agr eed on the following ;
                                          Article 1
       The Agreement as si-tended by tLi " Protocol shall , as between the Parties , to this
Protocol       continue in force until 3' December 1979°
                                          Article 2
 1.    Any Government whish "becomes a Party to this Protocol sb.3.11 be a Party to the
Agreement as extended thereby r                      '
2.     So far as the Parties to this Protocol . are concerned , the Agreement and this
Protocol shall be read and interpreted as one single instrument and shall be known as
the International Olive 0x1 Agreement , 1963 , as ara&nacd , a^d as extended    1978 ,
 ---pagebreak---                                        Article 3
 1.    Any Government which is a member of the United Nations Conference on. Trade and
Development may "become a Party to this Protocol in accordance with its constitutional
or institutional procedures •
       ( a ) By signing it ; or
       ( b) By ratifying , accepting or approving it after having signed it 'subject to
             ratification , acceptance or approval ; or
       ( c ) By acceding to it .
2 . Each signatory Government shall , on signing this Protocol , state whether ,
according to its constitutional or institutional procedures , its signature is , or
is not , subject to ratification acceptance or approval .
                                       Article 4
       This Protocol shall be open for signature in Madrid with tne Government of
Spain ( hereinafter referred to as " the depositary") until 31 October 1978 inclusive .
                                       Article 5
       In cases where ratification , acceptance or approval is required , the appropriate
instrument shall be deposited with the depositary not later than 31 December 1978 , on
the understanding that the Council may grant an extension 'or extensions of this
time to any signatory Government which has not deposited the said instrument by this
date „
                                       Article 6
       Any non–signatory Government entitled to accede to this Protocol under article 9 ?
may notify the depositary that it is undertaking to satisfy the constitutional or
institutional procedures required to accede to this Protocol as rapidly as possible .
                                       Article 1
1c     Any signatory Government - which has not been able to deposit its instrument of
ratification , acceptance or approval by 31 December 1Q78 and has been granted an
extension of time under article 5 of this Protocol and any non-signatory Government
which has made a notification pursuant to article 6 of this Protocol may notify the
depositary that it will provisionally apply 'the Agreement as extended by this
Protocol .
 ---pagebreak---   2.    During the entire period when the Agreement -as, extended by this Protocol is
  in force , either definitively or provisionally,' a- signatory or non-signatory Government
  which has made a notification under paragraph 1 of this article shall "be a' ■
  provisional Member with- all the rights and duties of a- Member, .vmtil that "Government •
  becomes - a Contracting Party ..     ■'      v-                                            - • -:::r
              J      s                               *1 ' ' ' *'' > * - r        '* ; ' . -i
  1.    This Protocol snail enter into force definitively on 1 January 1979 , °r an                        ,
  any date within the twelve months thereafter , between the Governments which have
  signed it and , in cases where 'their constitutional or institutional procedures so
  require , have ratified , accepted or approved it , or have acceded "to it if these
  Governments include those 'of. six mainly producing countries , -together accounting
  for at least 60 per cent of worldwide olive oil production during the reference
  period stipulated in article 3 of the Agreement , as well as those of three mainly
  importing countries . If this Protocol has not definitively entered into force in '
  accordance , with, the preceding sentence , it-shall do so at any time after it is
• provisionally in- force ,when the numerical" and production percentage reguirdments of
  this paragraph are satisfied by the deposit of instruments, of ratification , acceptance ,
  approval or accession. -                                                      \ V.                 1 ;V ---.
  2.    This Protocol shall enter into' force provisionally on Y January 1979 , or on any
  date within the . twelve months- thereafter , between the' Governments which have signed                     -
  it and , in cases where theii*' constitutional or . institutional procedures so require ,
  have ratified , accepted or , approved ity - or - have-acceded to it ^- or have indicated
  that they will apply it provisionally , ' if these Governments include those of six
  mainly producing countries together accounting format least 66 per cent of worldwide
  olive oil' production during; the reference period stipulated in article 3 of the
  Agreement , . as well as those of three mainly importing countries .                             ' - vi
  3.    If by 1 January 1979 this Protocol has not entered into force either provisionally
  or definitively in the manner described - in paragraphs 1 and 2 of - this " article , - but"'
  has received a sufficient number of signatures - to enable it to enter 'into force after
  ratification , acceptance or approval in conformity with the relevant provisions of
  this Protocol , then - the Agreement shall ,; in accordance with paragraph 4 of article
  37 5 continue in force beyond . 1 January 1979 until the date of the provisional or •
  definitive entry into 'force - of this Protocol , provided that the period of such \s:
  extension shall not exceed' twelve months .       • '                   . : .           -            ■-'
 ---pagebreak---   4.   If by 31 October 197° "this Protocol has not received the number of signatures
  required for it to enter into force after ratification , acceptance or approval , the
• Governments which have signed it and , where their constitutional or institutional
  procedures so require , have ratified , accepted , approved or acceded to this Protocol
  or have stated that they will apply it provisionally , may decide by common
  agreement that this Protocol shall enter into force among themselves , or may take
  whatever other action they consider is required by the circumstances .
                                       Article 9
  1.   This Protocol shall be open for accession by any non–signatory Government which
  is a member of the United Nations Conference on Trade and Development .
  2.   Accession to this Protocol shall be deemed to be accession to the Agreement ,
  as extended thereby .     ■                                                       •
  3.   Accession shall be effected by the deposit of an instrument of accession with
  the depositary and shall take effect from the date of deposit of such instrument or
  on the date of entry into force of this Protocol , whichever date is the later ..
                                       Article 10
       If by 31 December 1979 a new agreement has been negotiated and has received ■
  the required number of signatures . to enable it to enter into force after ratification ,
  acceptance or approval , and if that new agreement has not entered into force , either
  provisionally or definitively , the present Protocol shall continue in force beyond
  31 December 1979 until the entry into force of the new agreement , provided that the
  period of such extension shall not exceed twelve months .
                                       Article 11
  1 . Any Government may , upon signature , or upon deposit of its instrument of
  ratification , acceptance or approval of this Protocol , or upon accession thereto ,
  declare by notice addressed to the depositary that the Agreement as extended by this
 Protocol shall extend to any of the territories for whose international relations
  that Government is for the time being ultimately responsible . The Agreement shall
  extend to the territories named in the notification from the date of such notification
  or from the date on which the present Protocol enters into force for that Government ,
  whichever is'the later .
 ---pagebreak--- 2.   Any Contracting Party which has made , a declaration pursuant to paragraph T of
this article may at any later time , by notification to the depositary , declare that
the Agreement as extended "by this Protocol shall cease to extend - to the territory
named" in the notification and the Agreement shall cease to extend to such territory
from the date of such notification .                                               -
3.   When a territory to which the Agreement as extended by this Protocol has been
extended under' paragraph 1 of this article subsequently attains independence , its
Government may , within 90 days after the attainment of independence , declare by
notification to the depositary that it has assumed the rights and obligations of a
Party to the Agreement as extended by this Protocol . - It shall become a Party to the
Agreement from the date of such notification .
                                     Article 12
     The depositary of the Agreement shall without delay inform the signatory and'
acceding Governments of any signature , ratification , acceptance or approval of ,
or accession to , this Protocol ; of any notification made under article 6 and 7 of
this Protocol ; and of the date of entity, into force of this Protocol .
                                     Article 13                 .            ' - .
     Any reference in this Protocol to a Government shall be construed as moluding
a reference to the European Economic Community , or any intergovernmental organization
having responsibilities in respect of the negotiation , conclusion and application
of international agreements   in particular commodity agreements .
                                     Article 14
     The texts of this Protocol in the Arabic , English , French , Italian and Spanish
languages shall all be equally authentic , the originals being deposited with the
Government of Spain .    '
     ET WITNESS WHEREOF , the undersigned , having been duly authorized to this effect
by their respective Governments , have signed this Protocol on the dates appearing -
opposite their signatures .                       '
     DONE at Geneva   on 7 April 1978
                                       - 6 -


title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an Agreement between the European Economic Community and the Republic of the Philippines on the supply of skimmed milk powder.

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1891
Vol. 1974/0298
 ---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(74)1891 final
                                                    Brussels . 21 November 1974
                  RECOMMENDATION FOR A COUNCIL DECISION
on the conclusion of an Agreement between the European Economic Community
and the Republic of the Philippines on the supply of skimmed milk powder *
 COM(74) 1891 final
 ---pagebreak---  Tlffi COUNCIL OF THE EUROPEAN COMMUNITIES ,
                  (                                                          •
 Having regard, to the Treaty establishing the European Economic Community , and. in
 particular Articles 113 » 114 and 228 thereof ;
Having regard, to the proposal from the Commission }
Vlheroas the Council in Regulation ( EEC ) no . 1826/74 of 11 July 1974 on the supply
of skimmed milk powder as. food aid^ decided to make 100 tonnes of skimmed
milk powder available to       the Republic of the Philippines
HA a DECIDKD :          /                                                      - • ■
                                          Article  1
An Agreement between the European Economic Comnuni-ty and the Republic of the Philippines
for the supply of skimmed milk powder as food aid is hereby concluded en behalf o.f
the European Economic Community . The text of the Agreement is annexed to this
Decision -.
                                          Article  2 -
Trie President of the Council is authorised to designate the persons enpoverea to
sign the Agreement and to confer on them the powers required in order to bind, the
Community .
Done at Brussels ,
                                              ο
                                                               For the Council
                                                                The President
 ( 1 ) O.J*; L 190 from 13.7.1974 , p. 20
 ---pagebreak---            • AGK^-IERT
B2TVEEÏÏ THE EUROEBAN ECONOMIC COMÎIUITITY
     AND THE IffiPUBLIC OP THE PHILIPPINES
Oil THE SUPPLY OF FOOD AID IN THE FORI! OF
SKU-Ij-iED MILK POWDER .
 ---pagebreak---  THE COUNCIL OF THE EUROPEAIT COIfllUHITIES ,
                                              ôf the one part ,
/
 THE GOVERMEKT OP THE REPUBLIC OP THE PHILIPPINES
                                              of -the other part ,
HAVE DECIDE!) to concluded, this Agreement and to this end have
 designated as their plenipotentiaries : .
THE COUNCIL OP THE EUROPEAN C0MKU1JITIES :
THE GOVERIHIEKT OP THE REPUBLIC OP THE PHILIPPINES :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak--- f
                                        -2-
                                      ARTICIH I
  The European Economic Community shall supply "by way of gift to the Republic
  of the Philippines (hereafter referred to as "the recipient country ") a. quantity
  of 100 " tonnes     0f skimmed, milk powder
                  /.
               .                    ρ
  The quality and packaging conditions are specified in Annex I which forms an
  integral part of the present Agreement .
             *         m ■
                                                       J
                                     ARTICI3 II
  Deliveries shall "be effected under the arrangements provided in Annex II which
  forms an integral part of the present Agreement .
                                     ARTICLE III
  The recipient country undertakes to make all necessary arrangements for the
  transport and insurance of the products from point of delivery to places of
  destination . ,                     "
  It undertakes to exercise the greatest care to ensure that the tendering arran
  gements for sea transport do not prejudice the free play of fair competition .
  Any problems arising in this connection shall "be the subject of consultations
  under Article VIII of the present Agreement .     '*                      .
                                                                   . «4 #>•
                                  •  АНТ1С1Л! IV
  The recipient country undertakes to use the product received as aid for pur
  poses 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.
  The proceeds from this sale shall be paid into a special account with the
  Central Bank and allocated to the financing of one or more development projects
  under arrangements which have 'been agreed in advance between the recipient
  country and the European Economic Community.                                -  ;
 ---pagebreak---                                           -3-
                                        /ЛТ1С1.Я V
  The Contracting Parties undertake to implement this Agreement in such a way
  as to avoid any prejudice to the normal structure of national production .
  and international trade . To thi3 end they shall take any measures required
  to ensure that supplies as aid are in addition to and do not replace "business
  transactions which 'might reasonably "be expected in the absence of such supplies
                   /                    ARTICLE VI
  The recipient country shall take all steps required to prevent :
  ( i ) the re-export of the product received as aid and also of any products
         resulting therefrom ;
  ( ii ) the export , commercially or otherwise , vrithin a period of six months
          commencing from the final delivery , either of sny product procured
          locally of the same nature as that received ^.s aid , or of any products
          resulting therefrom .
                                                                          «
                                        ARTICLE VII
  The recipient country undertakes to inform the EEC of how this Agreement
  is implemented . To this end it shall provide the Commission of the European
                                                             •                         à
  Communities with the following details :
  (i ) Immediately after the unloading of each cargo : ports and dates of
         arrival of " vessel ; nature , quantity and any observations as to the
         quality of the products unloaded ; date on which unloading was completed ;
         costs of sea transport and of insurance relating thereto ;
• (ii ) Every three months until the quantities received as aid have been fully
          used : quantities sold ; manner , of sale ; actual selling price.s, ^normal sellin
         costs on the recipient country 's market ; costs of insurance ( and of trans
        port if applicable ) from the port of unloading to the places of destina
       tion ;
  (iii ) On 15 January every year until the special account has been fully
          expended :
          a) Summary of the account ( incomings and outgoings ) to 31 December of
              the previous year ;   .
          b) Stage of progress of the project or projects , indicating the total
              resources expended to that stage .                                  "        •
                      :      '                        .            '  • -A
 ---pagebreak---                                 -4-
                                /jîTicin VTII
The Contracting Parties shall at tho request of either consult each other
on any questions concerning the implementation of .this Agreement .
                                ARTICLE IX
This Agreement is drawn up in duplicate in the Danish , Dutchi English , French ,
German and Italian languages ,- each of these texts having equal force .
 ---pagebreak---                                                                                Anne *   "T
                                          8К1ШЯ) нхьк ттт
  I» Qnnlity
      *" ,n"               *"**"T*-* –
       (a)       fat content                              not exceeding 1,5 >
      (b )       moiotutfe content                        not exceeding 4»0 $          1
                         r
      (c )       total' acidity (lactic acid)
                     /
                                                          not exceeding 0,15 $ (18° Dornic )
      (d )       test for neutralizing agents             negative
      (e )       pçVmittcd additives                      none
      (f )     #
                 tést foy ph'osph'atasis
                  i
                                                          negative
      (g)        solubility                               not exceeding 0,5 ral (not less than
           "                                .     ■}
                                                                                99 £)
      01) degree of purity                                not less than disc B (15|0 irg)
                                                                          r  "
     jhi ) "bacteria content                              >iot exceeding JO 000 per g
     (k) strength of colon bacillus                       negative in 0,1 g
     ( l ) flavour and smell                              fresh
     (m) appearance                                       white or slightly yellowish ,
                                                          absence of impurities and coloured
                                                          particles
II . Packarinr:                                                         *
                                                                                »
     (a) containing 25 kilogrammes net weight
     ("b) composition of packing :
                (aa) 4 Kraft paper "bags of a strength representing at least 70 g per ip. j
                      ' 1 interposed tar-lined paper "bag of a strength representing at
                             least 140 g per m2j
                        1 polyethylene inner "bag at least 0 , 66 rnm thick , welded or double-
                             bound
    *or (bb ) 1 "clupyic-poly-duplo" paper "bag of a strength representing at
                             least 50/20/50 per m2j .                . " *                       r
                        2. Kraft paper "bags of a strength representing at least 70/75 6 P21* c
  •          •
                        1 polyethylene inner bag at leacjt 0,10 mm (thick welded or double
        /                   .bound)                  t                                    . . 1
 ---pagebreak---                                                                           •>
or ( oc ) 1 "Kraft " paper "bag of a strength representing at least 70 g/m }
         . 1 "Kraft " paper bag with a polyethylene layer of a strength
               representing atleast 60 g + 15 g/m ;
                                                                             2
           3 "Kraft." paper bars of a strength representing at least 70 g/ra .
           1 polyethylene inner bag at least 0.06 mm thick , welded or double
             bound .
(c ) marking on the packaging in English            :
     SMHîIiED lilLK POWDER
     GIFT OF THE EUROPEAN ECONOMIC COMMUNITY
     TO THE JffiPUBLIC OF THE PHILIPPINES
                                                  ;
                                  »
 ---pagebreak---                                                                       Л1П1Г1Х II
                              General         provj nj.ono
                            -  .     Article 1
                                     * J " 11 1   ii i ii
   Delivery shall be effected and risks shall pass from the European Economic
   Community , hereinafter referred to as the EEC , to the recipient country at
   the moment at which the goods are put down at the point of exportation
   named "by the Commission of the European Communities at the         "berth    specified
  "by the recipient country or its agent referred to in Article 2 , and under t.ie
   terms specified in the following articles . Without prejudice to Article 7 ano.
   8 the EEC shall bear all costs up to delivery and the recipient country those
   beyond such delivery .
                                    Article 2             .
  The EEC shall appoint an agent to implement the provisions of the present
  Annex- or for each consignment - whose name and address it shall make known
  to the recipient country immediately following his appointment .
  The recipient country shall appoint an agent in the port or ports of shipr.ent ,
. whoso name and address it shall make known to the EEC with all despatch and
  if possible before the appointment of agent of the EEC .
                                    Article 3 •
  Before implementing the procedures for appointing the agent of the EEC
  referred to in Article 2 , the Commission of the European Communities and
  the recipient country shall jointly establish the period during which deli
  very must begin.                                                           "        . '
                                                              •I .
                        Obligations of tho ffiuporogm Economic Cor^rr,unity
                                   Article 4                •
  Should the EEC not be in a position to carry out delivery on the date and ( if
  applicable) on the schedule as provided in Article 6 , all costs
  arising for the recipient country- for example demurrage void freight and
 dead freight- shall be borne by the ESI
                                 V*
                                                                   «/•
 ---pagebreak---  The charges and the arrangements relating to demurrage laid down in vhe
  contract "between the recipiont country and the carrier must h aVe "been agreed
 in advance by the recipient country and the agent of the EEC .
 The other costs referred to in the first paragraph shall only "be refunded
 "by the EEC if they have "been paid "by the recipient country with the approval
 of the ESC .        . > '
                  /               Article 5
 Should it prove impossible for the EEC to supply all or part of the goods
 on the date and within the time-limits provided for in Article 6 and without
 prejudice . to the provisions of Article 4 » a new date and a new . tine-limit
 shall "be agreed between the agents of the EEC and of the recipient country
 for tho delivery of all the goods or of the undelivered part thereof .
                           Obligations of the recl-pi er:t country
                                  Article 6 .
After contacting the ESC , the recipient country shall procure one or more vessels
to transport all the quantities provided for in Article 1 of the Agreement , of
dimensions corresponding to the normal capacity of the port of shipment ; these
vessels must be ready for loading on a date falling within the period referred
to in Article 3 »
The agent of the recipient country shall inform the EEC of this date
immediately on learning it , and also that for commencement of delivery ,
if possible twenty days in advance and in any case ten days before - the date
for commencement of delivery.
He shall establish with the agent of the EEC the schedule on which delivery shall
take place .
               *
 ---pagebreak---                                  Article 7
 Should the recipient country be unable to begin loading on the date provided
 for in Article 6 , paragraph 1 , the agent of the recipient country shall in
 form the agent of the EEC vrithout delay.
 In this event a nev; date for the commencement of delivery and (if applicable) e.
 schedule could          agreed between the agents of the EEC and of the recipient
 country . The costs arising from this delay shall in all cases except force
 majeure be borne by the recipient country.
                     , t                   r                  ' '*
                     r
 Should the nev; date provided for in paragraph 2 be more than 30 clear dc>ys
 after the date for loading provided for in Article 6 , paragraph 1 , the ESC
mayodispose of 'the goods without prejudice to its commitment under Article 1
 of this Agreement .
                                Article 8                -             *
        *
If the quantity made available for loading on a vessel cannot be put on
board in its entirety , the recipient country shall inform the EEC as socn
 as possible and no later than fifteen clear days after loading has been
completed whether it intends to accept or to renounce the balance .
In the former case the provisions of Article 7 » paragraphs 2 and 3 , shall
apply to the balance , if delivery has not yet taken place .
In the latter case the EEC may consider that it has discharged its commitment
to the recipient country under Article 1 of this Agreement and shall boar
the costs resulting from such renunciation .
In any event after the expiry of an interval of fifteen clear days and in
the absence of any notice on the part of the recipient country , the reniin-
oiation shall be deemed to have taken place .
                                                           4   4   .•
                                 Article 9
Upon delivery of the goods , the recipient country shall hand to the agent of
the EEC a certificate of acceptance stating the port of shipment , date of
acceptance , the nature and quantity of the goods accepted and including
eny comments on the quality of the goods , and send a copy thereof to the
Commission of the European Communities .          '


title: RECOMMANDATION FOR A COUNCIL DECISION suspending the Agreement resulting from the negotiations between the European Economic Community and the Kingdom of Norway concerning reciprocal trade in cheese (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 881
Vol. 1982/0268
 ---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 ) 881 final
                                                     Brussels , 21 December 1982
                       RECOMMANDATION FOR A COUNCIL DECISION
      suspending the Agreement resulting from the negotiations between the
European Economic Community and the Kingdom of Norway concerning reciprocal trade
                         in cheese
                  ( submitted to the Council by the Commission )
                                     / ■      .r
                                    f"    -     -
                                    ï- -'     r       '            !
                                    V V;          r;    . .
                                                                :<j
                                            Ν               \
 C0M(82 ) 881 final
 ---pagebreak---                             EXPLANATORY MEMORANDUM
1 . Norway and the Community negotiated an agreement on reciprocal trade in cheese
    involving for Norway , inter alia , the undertaking to open an annual import
    quota of cheese of all types and varieties .
2 . The Norwegian authorities have drawn up a list of cheeses for import , which
    implies that all cheeses not on the list are automatically excluded .
    Also , the authorities intend to allocate most of the import licences to a produ
    cers' cooperative , which leads to fears that the latter will use the licences to
    import only types and varieties of cheese not produced in Norway . Thus , the
    arrangement in the agreement whereby all types and varieties of cheese were to be
    imported into Norway would be circumvented de facto .
3 . The Commission has held consultations with the Norwegian authorities on this
    subject . Both during and after the consultations the Norwegian authorities m?in-
    tained their stance and refused to admit imports of all types and varieties of
    cheese .
4 . In these circunstances , and notably in view of the fact that the list of cheeses
    admitted for import tompri ses trade names , which amounts to discrimination between
    the different makes of the same type of ch&ese originating in different member
    countries of the Community , the Commission is of the opinion that such measures
    have created an imbalance to the detriment of the Community .
5 . Hence , for the Community 's part , the formal signing and the implementation of the
    agreement should be suspended until the Norwegian authorities fulfil their commitment
    under the agreement . The Article 113 Committee was unanimously in favour of this
    proposal .
6 . The Commission is keeping up consultations with the Norwegian authorities in order
    to bring them round to agreeing to implementation of the agreement that is in con
    formity with the spirit and the letter . It will report to the Council on the
    results of these consultations no later than 31    March 1983 .
 ---pagebreak---                    RECOKM ANDAT ION FOR A COUNCIL DECISION
suspending the Agreement resulting from the negotiations between the European
Economic Community and the Kingdom of Norway concerning reciprocal trade in cheese .
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 Norway and the Community have negotiated an Agreement concerning reciprocal
trade in cheese , which is due to enter into force on 1 January 1983 ;
Whereas Norway has not implemented the commitments incumbent upon it in accordance
with the spirit and the letter of the    Agreement and , hence , an imbalance to the
detriment of the Community has been created ;
Whereas , in these circumstances , the formal signing and the implementation of the
Community 's obligations under the Agreement should be suspended until such time as
Norway fulfils the undertakings into which it has entered as part of the temporary
arrangement for a concerted discipline ,
HAS DECIDED AS FOLLOWS :
                                  Sole Article
The formal signing and implementation by the Community of the Agreement between
Norway and the European Economic Community comprising :
- a temporary arrangement for a concerted discipline between Norway and the European
  Economic Community concerning reciprocal trade in cheese ;
- an exchange of letters concerning the non-application of a monetary compensatory
  amount upon imports into the Community of Jarlsberg cheese ;
shall be suspended .
 ---pagebreak---                                     - 2 -
The Commission is hereby instructed to continue consultations with the Norwegian
authorities with a view to bringing Norway round to implementing the Agreement in
such a way as to conform to the spirit and the letter of that Agreement .
The Commission is requssted to report to the Council on the results of the consul
tations no later than 31  March 1983 .
Done at Brussels ,                                      For the Council ,
                                                          The President .


RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE COMMISSION TO NEGOTIATE ON BEHALF OF THE COMMUNITY FOR THE ESTABLISHMENT OF A NEW INTERNATIONAL CONVENTION ON WHALING


title: Recommendation for a COUNCIL DECISION on the conclusion of the second Protocol on financial cooperation between the European Economic Commumnity and the Socialist Federal Republic of Yugoslavia (presented by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 347
Vol. 1987/0196
 ---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(87 ) 347 final
                                               Brussels , 8 July 1987
                               Recommendation for a
                                 COUNCIL DECISION
                   on the conclusion of the second Protocol on
         financial cooperation between the European Economic Commumnity
                       and the Socialist Federal Republic
                                   of Yugoslavia
                          ( presented by the Commission )
                                        ■rf\Q\wn!o
                                  si &
C0MC87 ) 347 final
 ---pagebreak---                                          2-
                          EXPLANATORY NOTE
1.      On 25 July 1985 , the . Counci L authorised the Commission to open
negotiations with Yugoslavia for the conclusion of a second Financial
Protocol .  After a first session of discussions with the Yugoslav autho¬
rities , these negotiating directives were amended by the Council on
May 25 , 1987 .
2.      On the basis of these negotiating directives , a draft Protocol
was initialled by heads of delegation on June 17, 1987 .
3.      The initialled Protocol which will expire on June 30, 1991 , provides
for EIB loans totalling 550 MECU ( 200 MECU in the first Protocol 1980-85 ).
        The major part of this amountshall be used to finance projects
concerning transport infrastructures of a common interest , in particular
the transyugos lav highway , including its feeder roads and the remaining
part shall be used to finance other development projects .
4.      The Commission considers that in terms of the negotiating directives
it received , the draft Protocol is acceptable to the Community .     Accordingly
it recommends that the Council approves the results of the negotiations and
initiates the procedures for conclusion . Accordingly it presents herewith
a proposal for a Council Decision        concluding a Protocol on financial coope¬
ration between the European Economic Community and the Socialist Federal
Republic of Yugoslavia .
 ---pagebreak---                                          3
                            COUNCIL DECISION
 on the conclusion of the Second Protocol on financial cooperation between the
  European Economic Community and the Socialist Federal Republic of Yugoslavia
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  Having regard to the Treaty establishing the European Economic Community, and
  in particular Article 238 thereof ,
 Having regard to the recommendation from the Commission ,
  Having regard to the assent of the European Parliament ,
 Whereas the Protocol on financial cooperation between the European Economic
 Community and the Socialist Federal Republic of Yugoslavia signed on
 should be approved ,
 HAS DECIDED AS FOLLOWS :
                                      Article 1
 The Second Protocol on financial cooperation between the European Economic Commu¬
 nity and the Socialist Federal Republic of Yugoslavia is hereby approved on behalf
 of the Community .
 The text of the Protocol is attached to thi s Dec isi on .
                                      Article 2
 The President of the Council shall give the notification provided for in Article 16
 paragraph 2 of the Protocol .
                                    Article 3
 This   Decision   shall enter into force on the day following its publication in the
 Official Journal of the European Communities .
Done at Brussels ,                                          For the Counci l
                                                             The President
 ---pagebreak---                        SECOND   PROTOCOL
on financial cooperation between the Socialist Federal Republic
                          of Yugoslavia
              and the European.. Ecopomi c Community
 ---pagebreak---                                             s
                                SECOND PROTOCOL
                        on financial cooperation between
                 the Socialist Federal Republic of Yugoslavia
                      and the European Economic Community
    THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
   on the one part , and
   THE FEDERAL EXECUTIVE COUNCIL CF THE ASScfBLY OF THE SOCIALIST FEDERAL REPUBLIC
   OF YUGOSLAVIA ,
   of the other part ,
   REAFFIRMING their resolve to implement , in the framework of the Mediterranean
   policy of the enlarged Community , a cooperation which will contribute to
   the economic development of Yugoslavia and promote the strengthening
   of relations between the Community and Yugoslavia ,
   ANXIOUS to pursue to this end the financial cooperation provided
   for in the Cooperation Agreement
   HAVING DECIDED to conclude this Protocol and to this end have designated
   as their Plenipotentiaries :
                                    Article 1
            The Community shall participate , within the framework of financial
   cooperation provided for in the Cooperation Agreement between
   the EEC and the Socialist Federal Republic of Yugos lavi a, and according to
   the conditions specified in this Protocol , in the financing of projects
   designed to contribute to the economic development of Yugoslavia
   and in particular these of common interest to Yugoslavia and the Community .
                                    Article 2
            For the purposes specified in Article 1 and for a period expiring on
   30 June 1991 , an aggregate amount of 550 Millions ECU may be committed in the
   form of loans from the European Investment Bank , hereinafter called " the Bank "
   granted from its own resources in accordance with the arrangements , conditions
   and procedures laid down in its statute .
21                                                                                &
 ---pagebreak---                                    Artide 3
 1.          The amount fixed in article 2 shall be used to part finance specific
 capital projects submitted to the Bank with the agreement of the Socialist Federal
 Republic of Yugoslavia by banks or organizations of associated labour having
 their seat in Yugoslavia .
 2-           The major part    of this amount shall be used to finance projects
 concerning transport infrastructures of a common interest* in particular the
 transyugoslav highway including its feeder roads tand the remaining part snail
 be used to finance other development projects .
  3.a     Projects shall be examined for eligibility and loans granted, in accoi–
  dance with the detailed rules , conditions and procedures laid down by the
  Bank 's Statute .
  3.b     Loans granted by the Bank shall be subject to terms as to duration
  established on the basis of the economic and financial characteristics of
  projects , also taking into account the conditions obtaining on the capital
  markets on which the Bank procures its resources .
  3.c     The interest rate shall be determined in accordance with the Bank 's
  practice at the time of signature of each loan contract .
                                   Article 4
1.          The amounts to be committed each year shall be distributed as evenly
as possible throughout the period of application of this ProtocoL . During the
initial period of application , however , a proportionately higher amount may ,
within reasonable limits , be committed .
  2.      Any funds not committed by the end of the period referred to in Ar¬
  ticle 2 may be used , until exhausted . In that event the funds shall be
  used under the same conditions as provided for in this Protocol .
                                  Article 5
           Loans granted by the Bank for the execution of projects may take
  the form of co-financing in which , in particular , Yugoslav banks and the
  credit bodies and institutions of Member States or of third States , or
  international finance organizations , would take part .
                                  Article 6
          Organizations of associated Labour established in accordance with
  Yugoslav law , whether or not including foreign participations , shall have access
  on equal terms to the financing earmarked for financial cooperation .
                                  Article 7
         The execution , management and maintenance of projects financed within
 the framework of financial cooperation between the Socialist Federal Republic
 of Yugoslavia and the European Economic Community shall be the responsibility
 of the beneficiaries referred to in Article 3 paragraph 1 .
         The Bank shall ensure that its loans are utilised in accordance
 with the agreed allocations and under optimum economic conditions .              4
 ---pagebreak---                               Artide 8
        ALL naturaL and LegaL persons coming within the scope of the Treaty
 establishing the European Economic Community and aLL   LegaL
 persons of the SociaList FederaL RepubLic of YugosLavia may participate
on equaL terms in tendering procedures and other procedures for the award
of contracts LikeLy to be financed . Such LegaL persons formed in accoi–
dance with the Law of a Member State of the EEC or of the SociaList
 FederaL RepubLic of YugosLavia must have their registered offices , their
administrative head offices or their principaL estabLi shments in the
territories in which the Treaty estabLishing the EEC is appLied or in the
SociaList FederaL RepubLic of YugosLavia ; however , where onLy their registered
offices are in those territories or in the SociaList FederaL RepubLic of YugosLa ¬
via , the activities of such LegaL persons must be effectiveLy and continuousLy
 Linked with the economy of those territories or of the SociaList FederaL RepubLic
of YugosLavia .
                                ArticLe 9
        YugosLavia shaLL appLy to contracts awarded for the execution of projects
financed within the framework of financiaL cooperation fiscaL and customs
arrangements at Least as favourabLe as those appLied in respect of most
favoured state or most favoured fnternationaL organization in the fieLd of
deve Lopment .
                                 ArticLe 10
        YugosLavia shaLL take the- necessary measures to ensure that interest and
aLL other payments due to the Bank in respect of Loans granted in the context
of financiaL cooperation are exempted from any taxes or Levies imposed by the
federaL authorities , the repubLics , the autonomous provinces or the communaL
authorities .
                                ArticLe 11
         The provision of a guarantee by the SociaList FederaL RepubLic of
YugosLavia or other sufficient guarantees shaLL be required by the Bank
as a condition for granting Loans .
                               ArticLe 12
 Throughout the duration of the Loans accorded pursuant to this ProtocoL ,
 YugosLavia shaLL undertake to take aLL necessary measures in conformity
 with its nationaL LegisLation to make avai Lable to debtors enjoying such
 Loans and to guarantors of the Loans the foreign currency necessary for
 the payment of interest , commission and other charges and repayment of
 the principaL .
 ---pagebreak---                                               -g-
                                 Article 13
         The results of financial cooperation may be examined within the Coope ¬
 ration Council .
                                 Article 14
         One year before the expiry of this Protocol , the Contracting Parties
 shall examine what arrangements could be made for financial cooperation
 during a possible further period .
                                Art i c le 1 5
        This Protocol shalL be annexed to the Cooperation Agreement
between the European Economic Community and the Socialist Federal Republic
of Yugoslavia signed in Belgrade on the 2nd April 1980 .
                               Article 16
1.     This Protocol shall be subj ect-to approva l in accordance with the
Contracting Parties' own procedures ; the Contracting Parties shall notify
each other that the procedures necessary to this end have been completed .
2.     This Protocol shall enter into force on the first day of the second
month following the date on which the notifications provided for in paragraph 1
have been given .
                                 Arti c le 17
        This Protocol is drawn up in t.wo original copies in the Danish , Dutch ,
 English , French , German , Greek , Italian , Portuguese , Spanish and Serbo-Croat
 languages , each of these texts being eo'ially authentic .
 ---pagebreak---                                      î
                     Joint Déclaration concerning Article A
          It is understood that the application of Article 4 is dependent
upon the submission to the Bank by the Federal Executive Council of Yugoslavia
of mutually acceptable projects .
                   Declaration of the Delegation of the Community
                               concerning Article 8
         The provisionsof the Financial Protocol are without prejudice
to the general question of the origin of goods and services eligible for
financing by the bank from its own resources and do not , in this connection ,
affect the exercise by the Bank 's bodies of their powers under the Statute
of the Bank .
 ---pagebreak---                                lO
Declaration of the Yugoslav Delegation concerning Article 3 ,
paragraph 3
The Yugoslav delegation expressed the wish to benefit from the
most favourable lending terms and conditions available for the
loans to be granted by the Bank .
The Bank took due note of this wish .
                                                               «
 ---pagebreak---                                ч
Declaration of the Yugoslav Delegation concerning interest subsidies
The Yugoslav Delegation expressed the wish that the Community may
reconsider the possibility of granting some budgetary funds in order
to subsidise interest rates on EIB loans if and when the Community 's
budgetary situation would allow so .
The Community Delegation took note of this Declaration .
 ---pagebreak---                  Joint Déclaration ad art . 11
         Under the terms of Article 11 " sufficient guarantees " may be guarantees
issued to the Bank by authorised Yugoslav credit institutions with the benefit
of the counterguarantee of the Federal Socialist Republic of Yugoslavia .
 ---pagebreak---                           Déclaration of the
             Community Delegation concerning transit possi bi l i t i es
         On the occasion of the initialling of the second financial
Protocol , the Delegation of the Community recalls to the Yugoslav
delegation the importance the Community attaches to Yugoslav autho¬
rities allowing an increase of the transit possibilities through
their territory .
         The Yugoslav delegation takes note of that Declaration .


title: RECOMMENDATION FOR A COUNCIL DECISION concluding an agreement between the European Economic Community and the Republic of Chad for the supply of cereals as food aid (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 2227
Vol. 1973/0409
 ---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)2227 final
                                                  Brussels , 9 January 1974
                           RECOMMENDATION" FOR A
                            COUNCIL DECISION
            concluding an agreement "between the European Economic
             Community and the Republic of Chad for the supply
                           of cereals as food aid
               ( submitted to the Council "by the Commission)
 COM(73 ) 2227 final
 ---pagebreak---    TIIE COUNCIL OP THE EUROPEAN COMMUNITIES ,
   Having regard to the Treaty establishing the European Economic Community ,
   and in particular Articles 113 , 114 and. 228 thereof ;
  Having regard to the Recommendation from the Commission }
                            ι
  Whereas the European Economic Community has deposited a declaration of
   provisional application of the Good Aid Convention of 197.1 ? and. whereas
  that Convention has "been effeotive since 1 July 1971 ?
. Whereas "by letter of 22 May 1973            the Republic of Chad
  submitted a request for food aid ;
  Whereas the adverse climatic conditions experienced "by the Republic of
 Chad                 have appreciably reduced its grain supplies ; and whereas
  that country should therefore be granted a gift of 6 000        metric tons
  of cereals in theiform of 2 000 metric tons of maize , 2 000 metric tons of
 sorghum and 2 000 metric tons of soft wheat under the Community Food Aid
 Programme for 1972/73 ;
   HAS DECIDED THAT :
                                    Article 1
  On behalf of the European Economic Community an Agreement is hereby concluded
  between the European Economic Community and the Republic of Chad
  on the supply of food aid in the form of maize , sorghum and_ soft wheat , the
 text or which Agreement is annexed to this decision .
                                    Article 2
  The President of the Council is hereby authorized to designate the persons
  empowered to sign the Agreement , and to confer on them the powers necessary
  to commit the Community .
  Done at Brussels ,                    19 ****»             For the Council
                                                              The President
 ---pagebreak---                ■ AGREMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND THE REPUBLIC OP CHAD
ON THE SUPPLY OP POOD AID IN THE FORM OP
CEREALS
 ---pagebreak---   THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                        on the one haftd ,
' THE GOVERNMENT OP THE REPUBLIC OF CHAD
                                                        on the other hand .
  HAVE DECIDED to conclude this Agreement and to this end have designated
  as their plenipotentiaries :
  THE COUNCIL OP THE EUROPEAN COMMUNITIES :
  THE GOVERNMENT: OP' THE REPUBLIC OP CHAD :
 WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                   Article I
  As a part of its Pood Aid Programme (Cereals ) for 1972/73 , the European
  Economic Community shall supply as gift to the Republic of Chad , hereinafter
  referred to as the "recipient country " 6 000 metric tons of cereals in the
  form of 2 000 metric tons of maize , 2 000 metric tons of Sorghum and 2 000 metrii
« tons of soft wheat .
                                  Article II
  Deliveries will be made in new jute bags with a net weight of 50 kg each free
   to the places of destination to be fixed by the recipient country and the
   European Economic Community by mutual cpnsent .
                                  Article fil
  The obligations and responsibilities of the European Economic Community said
  of th.e recipient country relating to delivery and the taking of delivery are
  defined in the Annex which forms ail integral part of this Agreement .
                                  Article TV
  The recipient country undertakes to make all necessary arrangements for the
  transport and insurance from the places of destination on .
                                  Article 7
  The recipient country undertakes to use the products received as aid for
  purposes of consumption and to distribute such products to people in need
  free of charge .
 ---pagebreak---                                      Article VT
The Contracting Parties undertake to implement this Agreement in such a way
as to avoid any prejudice to the normal         Iructure of domestic production and
international trade . To this end they       . ull 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 products received as aid and of products
        resulting from such supplies ;
( ii ) The export , commercially or otherwise , within six months of the last
       delivery , either of the products obtained locally and of the same nature
       as the products received as aid o!r of any processed products .
                                     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 :
(i ) Not more than thirty days after the talcing over of each cargo ; places
       and dates of taking overj nature , quantity and quality of the overtaken
       products .
(ii ) Every three months until the quantities received as aid have "been fully
       used : quantities distributed , the number and nature of the recipients
       and the place and method of distribution ."                 „ jj ;
 ---pagebreak---                                       -4-
                                     'Article IX
  The recipient country shall take all appropriate steps to enable those
  persons duly authorized "by the European Economic Community to make on the
  spot observations of the operations connected with the implementation of
  the Agreement .                 .
                                    Article X
* At the request of either of them , the Contracting Parties shall consult each
  other on any questions concerning the implementation of this Agreement *
                                    Article XI
  This Agreement is drawn up in dupliciate in the Danish , Dutch , English , French,
  German and Italian languages , each of these texts "being equally authentic .
                                                                                /
                              /
                                                                                I
 ---pagebreak---             ANNEX REFERRED TO IN ARTICLE III OP THE AGREEMENT
                                 Article 1
Delivery shall "be effected and risks shall pass from the European Economic
Community to the recipient country as soon as the goods actually reach the
place of destination .
The recipient country shall bear all costs incurred in taking delivery of the goods
any transshipment costs and all costs subsequent to delivery .
Any costs resulting from delays in taking delivery of the goods , which are
attributable to the recipient country , shall be borne by that country .              ;
                                  Article  2                                   , '      ■
The European Economic Community shall , at the earliest opportunity , give to
 the recipient country the information relating to the consignment of the
goods to the place of destination , the means of transport used , the details        j
of the route to be followed over the intermediate stages , the date of
loading , and the quantity and quality of the goods on their departure from
 the Community .                                                                     «
                                                                                l
                                  Article  3
The European Economic Community shall inform the recipient country in good
time of the goods' presumed date of arrival at the place of destination. The          '
European Economic Community shall be under an obligation to inform the             ' i
recipient country at least two days in advance ( of the date ) of the goods'
arrival at the place of destination .
                                  Article  4
On delivery a tolerance of 5 % less than the quantity of wheat to be supplied
under Article I of the Agreement is permitted .
                                  Article  5
The European Economic Community shall appoint an agent to implement the
provisions of this Annex , and shall in good time , forward the latter' s name
 and address to the recipient country.
 ---pagebreak---                                 - 2 -
The recipient country shall appoint an agent in each place .of delivery f and
shall forward the latter' s name and address to the European Economic Community
prior to implementation of the Agreement .