title: RECOMMENDATION FOR A COUNCIL DECISION ON THE PROVISIONAL APPLICATION TO THE REPUBLIC OF KIRIBATI (FORMER GILBERT ISLANDS) OF THE ARRANGEMENTS PROVIDED FOR IN DECISION 76/568/EEC (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 391
Vol. 1979/0139
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                        COM(79)391 final
                                        Brussels . 16th July 1979
                   RECOMMENDATION FOR A COUNCIL DECISION
             ON THE PROVISIONAL APPLICATION TO THE REPUBLIC OF
           KIRIBATI ( FORMER ^GILBERT ISLANDS ) OF THE ARRANGEMENTS
                    PROVIDED FOR IN DECISION 76 / 568 / EEC
              ( submitted to the Council by the Commission )
                               / *.
                        ^ ,
                            -U Ll
 C0M(79 ) 391 final
 ---pagebreak---                      Recommendation for a
                       COUNCIL DECISION
       on the provisional application to the Republic of '
         Kiribati ( former Gilbert Islands ) of the
           arrangements provided for in Decision
                          76/568/EEC
THE COUNCIL OP THE EURO EUAN COMMUNITIES ,
Having regard to    the Treaty establishing the European Economic
Community,
Having regard to Council Decision 76/568/EEC of 29 June 1976 on
the association of the overseas countries and territories with
the European Economic Community ( l ), as last amended by
Decision 79/310/fcEC ( 2), and in particular the second subparagraph
of Article 55 < 2 ) thereof .
8   OJ No L 176 , 1.7.1976 , p . 8 .
    OJ No L 72 , 23.3.1979, p . 33
 ---pagebreak---                               - 2 -
Whereas , pursuant to the second subparagraph of
Article 55C2 ) of Decision 76/ 568/ EEC ,              •'      . v
the arrangements provided for therein may continue to apply-
provisionally, under conditions laid down "by the Council , to
countries and territories which "become independent ;  •-
Whereas the Gilbert Islands , which appear                             .
in Annex I of that Decision ,                           '  ;     , ' •
achieve independence on 12 July 1979 as the Republic of Kiribati ;
Whereas it should "be decided to continue to apply provisionally
the arrangements provided for in the above-mentioned Decision to
that State and to lay down the conditions for such application ,
without prejudice fto subsequent recourse' to the first subparagraph
of Article 55(2 ) and to Article 56 thereof ;
                                          /
Whereas the ACP-EEC Convention of Lome is open , in accordance with
the procedure laid down in Article 89 thereof , to accession by
a country or territory referred to in Part Four of the Treaty and'
which has become independent ; whereas such accession can take place
only following a request by the State concerned and with the approval
of the ACP-EEC Council of Ministers ;
Whereas the Gilbert Islands have submitted a request for accession
to the ACP-EEC Convention of Lom€ as the Republic of Kiribati ;
Whereas the provisional application of Decision 76/568/EEC with
regard to that State should be limited in time ;
                                                                        /·
 ---pagebreak--- Whereas , in order to avoid any break in continuity in      financing
    decisions in favour of the Republic of Kiribati between its accession
to the ACF-EEC Convention of Lom <§ and the entry into force of the
 decision adjusting the amounts made available to the European
Development Fund which the Council is to take pursuant to
Article 1(4 ) of the Internal Agreement on the financing and
administration of Community aid of 1975 1 the Republic of Kiribati
should be permitted to continue to benefit until the date of the said
entry into force from the provisions of Decision 76/568/EEC
relating to financial and technical co-operation ,
HAS DECIDED AS FOLLOWS :
                      I
                                                                         i
                          Article 1                       '
        The arrangements laid down by Decision 76/568/EEC shall remain
provisionally applicable to the Republic of Kiribati until the latter
accedes to the ACF-EEC Convention of Lom£, and not later than 1 March
1980 .
        However , the Republic of Kiribati shall continue to benefit
from the provisions of the said Decision relating to financial and
technical cooperation until the date of entry into force of the
                               »
decision adjusting the amounts made available to the European Development
Fund which the Council is to take pursuant to Article 1(4 ) of the
Internal Agreement on the financing and administration of Community
aid signed on 11 July 1975 *
 ---pagebreak---                           Article 2
       Questions relating to the application of Decision 76/568/EEC
to the Republic of Kiribati shall be dealt with as necessary by direct
contact between the competent authorities of that State and of the
Community.                                                    '
                           Article 3
       This Decision shall enter into force on the day of its publication
in the Official Journal of the European Communities .
       It shall apply from
                                            Done at Brussels ,
                                                      For the Council
                                                       The President


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

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1156
Vol. 1973/0207
 ---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)1156 final
                                                  Brussels , 10 July 1973
                      RECOMMENDATION FOR A COUNCIL DECISION
                      on the conclusion of an agreement bet
                      ween the European Economic Community
                      and Malta for the supply of soft wheat
                                as food aid
                  ( submitted by the Commission to the Council )
   COM ( 73 ) 1156 final
 ---pagebreak--- THE; COUNCIL OF THE EUROPEAN COMMUNITIES .
Having regard to the Treaty establishing the European Economic Community ,
and. in particular Articles 113 , 114 and 223 thereof"!
Having regard to the Recommendation from the <?o;anri seion j
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 1
Whereas Malta by its letter of 16 August 1972 has requested food aidf
Whereas in view of the cereal supply situation in Malta that country
should be accorded , by way of gift , 2.500 metric tons of soft wheat under
the Community Food Aid Programme for 1972/73 |
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 Community
and Malta for the supply of soft wheat as food aid.
                                    Article  2
The President of the Council is hereby authorised to designate those who are
to sign the agreement and to confer on them the requisite powers to bind the
Community .
Done at Brussels ,
                                                          For the Council
                                                           The President
 ---pagebreak---                   AGHEEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND
                    LÏALTA
          ON THE SUPPLY OP POOD AID
         IN THE FORM OP    SOFT WHEAT
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                               on the one part ,
THE GOVERNMENT OF MALTA
                   on the other part , : -
HAVE DECIDED to conclude this Agreement and to this end have designated
as their plenipetentiaries : •             ;i
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVEKNEMENT OP MALTA             -   - -
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                    - 3 -
                                ARTICLE  I
As a part of its Food Aid Programme ( oereals ) for 1972/73 » the European
Economic Community shall supply Malta, hereinafter , referred to as the
 "recipient country ", with 2.500 metric tons of soft wheat .
                                ARTICLE  II
Deliveries will be made in bulk , fob to Community ports .
                                ARTICLE  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 make all necessary arrangements for the
transport and insurance of the products 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 sae 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
                       I
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 , less the cost of sea transport , insurance and ,
the normal cost of selling the product on the recipient country 's market , will
be paid into a special account and allocated to the financing of one or mor.e
development schemes whioh have already been proposed by the recipient country
and approved by the European Economic Community.
 ---pagebreak---                                          - 4–
                                       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 . In particular , the recipient country undertakes to import commercial
    ly from whatever source between 1 July 1973 and 30 June 1974 minimum quantity
    of 49.000 metric tons of soft wheat or its equivalent in flour of soft wheat .
                                       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 or 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 to the European Communities with the following information :
    ( i ) Not later than thirty days after the unloading of each cargo: ports
          and dates of arrival of 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
          used i quantities sold, how they have been sold selling prices ; normal
          selling costs on the recipient country 's market ;
( iii ) On 15 January every year until the special account has been fully used :
          ( a) State of this account (incoming and outgoings ) on 31 December of
               the proceding year ;
 ---pagebreak---                                      - 5 -
    ("b ) Progress achieved in the project or projects , with an indication
          of the total amount of financing undertaken at that stage .
                                   ARTICLE  IX
At the request of either of them , the Contracting Parties shall consult each
other on any questions concerning the implementation of this Agreement ,
                                   ARTICLE  X
This Agreement is drawn up in duplicate in the Danish , Dutch , Englisch ,
French , German and Italian language , each of these texts being equally
authentic .
 ---pagebreak---                      ANNEX TO ARTICLE III OP THE AGREEMENT
                                   Article   1
Delivery shall be effected and risks shall pass from the European Economic
Community to the recipient country at the moment art which the goods have been
placed in the ship 's hold at the port of shipment .
The recipient country shall-bear- all costs subsequenir~to -delivery of"     goods,
including costs of storage and r 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 Community referred to in Article 9 »
                                   Article   2
The European Economic Community shall notify the recipient country in 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 the daily loading rate .
                                   Article  3
The European Economic Community must be prepared to load the goods in the
date resulting from the instruction in Article 8 , whereon the vessel should
be ready for loading.
                                    Article   4
On delivery of the goods , a tolerance of 5 7° less than the quantity 'to be
supplied in accordance with Article 1 of the Agreement is permitted.
                                    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 on loading.
 ---pagebreak---                                      - 2 -
                                    Article  6
 The recipient country shall supply the European Economic Community , within
 the period referred to in Article 2 , with a vessel of dimensions 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 writing at the latest by the
date on which 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 held 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
if 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 Community , the balance shall be loaded onto
the next vessel under the conditions laid down in this annex .
In this event , until the date of loading of this balance or until the recipient
country gives notice in writing that it gives up this balance , the goods shall
be held at the expense , risk and peril of the recipient country .
The recipient country must notify the European Economic Community within 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 .
If this obligation is not respected , the European Economic Community may
consider that it has discharged its commitment to the recipient country under
Article 1 of the Agreement .
 ---pagebreak---                                    Article  8
The recipient country shall name for the European Economic Community the
vessel that is to ship the goods at least 10 clear days prior to the
estimated date of arrival of the vessel in port , or where possible , 20 clear
days prior to this date , and shall at th& sarre i.imo i     to
tha+ dat© "the vassal will he i-oady     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 ship
ment , whose name and address shall be made known to the European Economic
Community before the Agreement is implemented .


title: Recommendation for a Council Decision concerning negociation of the second International Cocoa Agreement (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 458
Vol. 1975/0172
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---        COMMISSION OF THE EUROPEAN COMMUNITIES
                                                      COM(75)458 final.
                                                      Brussels , 10 September 1975
                         Recommendation for a Council Decision    ,
                  concerning negociation of the second International
                                   Cocoa Agreement
                    ( submitted to the Council "by the Commission)
2°M(75 ) 458 final.
 ---pagebreak---                        Introduction
     Prom 22 September to 17 October 1975 a conference will be held in
Geneva within the framework of UNCTAD * Its purpose will be to negotiate
the renewal of the first International Cocoa Agreement , which entered
into force on 1 July 1973 and expires on 30 September 1976 . A draft
second Agreement has been drawn up by a Preparatory Committee set up by
the International Cocoa Council , to be submitted to the Conference as a
working paper.
     The purpose of this communication is to establish guidelines for
Community action during these negotiations on the basis of the approach
followed during the 1972 negotiations and since the entry into force
of the International Cocoa Agreement .
     This communication must be examined and a decision taken on it
before the negotiations commence ( 22 September) by a procedure that
reflects the urgency of the matter#
 ---pagebreak---                                                *
                                               i
                                                                    »
1 . Participation by the Community and the Member States in the present
     Agreement                                 !
       The Community and the Member States are members of the first
International Cocoa Agreement , When the Agreement was negotiated in         ■
1972 the Community caused to be inserted in the text specific provisions
regarding the participation , as a member of the Agreement , by any intergo
vernmental organization having responsibilities in respect of the negotiation,
conclusion and application of international agreements# The formula worked
                                             *
out during lengthy negotiations is considered satisfactory since it has
                                             1
served as a model on the occasion of the renewal of other international
commodity agreements , such as the 1968 Coffee Agreement , extended in April
1973 » and in the Tin Agreement , renewed in June 1975 *
       On the basis of the text in Article 4     the 1972 International Cocoa
Agreement , entitled "Membership by Intergovernmental Organizations ", and.
on a proposal from the Commission, the Council decided on 4 January 1973
to sign the Agreement subject to final acceptance at a later date .
       Pending the completion by all the Member States of their ratification
procedures the Council decided on 26 June 1973 , on a recommendation from
the Commission, to :
i#     give notice of the Community 's intention to approve the Agreement ,
il «   indicate that the Community would apply the Agreement provisionally*
       Lastly the Council Regulation of 9 November 1973 (OJ No L 324 of 24
November) made the economic and control rules of the Agreement applicable
in the Community#
       The Community has therefore been able to participate fully in the
operation of this Agreement in respect of questions falling within its
jurisdiction , and on all other matters the Community and the Member States
have at all times endeavoured to adopt a common attitude in most cases
with success , a fact welcomed by the Commission#
 ---pagebreak---         Quite recently in the context of the preparations for the negotiation
                                                <
of the second Agreement , the Community and the Member States :
i«     Made a joint declaration at the March 1975 session of the International
      JJocoa. Council in favour of renegotiation of the Agreement ;
ii « submitted joint proposals in June 1975 "to the Preparatory Committee on^
       oertain aspects of the Agreement relating to the operation of the buffer
       stock , the conditions of supply , control measures and duration of the
       Agreement#
        Such action is fully in line with the efforts made by the Community at
international level to bring about a constructive attitude in the commodities
field and stands out particularly in the case of this Agreement since the
United States is not a contracting party and the Community carries considerable
weight on the side of the importing countries ( l ).
2 « Participation in the negotiation of the second Agreement
        Pending a general solution to the question of a formal invitation to the
Community to participate in the Negotiating Conferences on commodities , steps
will have to be taken as soon as the Conference opens to enable the
Community to participate in the work . What was obtained in 1972 right
from the start of the Conference should be all the easier to obtain in
1975 since the Community is a member of the present Agreement and has
played an active part with the Member States in its implementation.
        The Commission considers that the directives it received by decision
of the Council of 6 and 7 March 1972 for the negotiation of the first
International Cocoa Agreement should be adapted for the negotiation of the
second Agreement in accordance with the draft decision set out in Annex I *
        With regard to representation of the Community aid the Member States
the Commission considers that the practice followed in 1975 f° r the Tin
Conference ought to be repeated - that is , there should be ten delegations ,
with the Commission representative normally acting as joint spokesman for
questions falling within the jurisdiction of the Community pursuant to
Article 113 or for matters which are the subject of common action under
Article 116 .
                                                                     ./.
( 1 ) The United States has been invited to take part in the work of the
       Preparatory Committee ; it is doing so and will also participate in the
       Negotiating    Conference .
 ---pagebreak--- 3 * Negotiating directives                                           •
        In the light of the preparatory work for the negotiations the Commission
 considers that the positive action taken by the Community and the Member
States must be actively pursued at the Conference itself .
        Some important questions have already been Iroached in the Preparatory^
Committee and the proposals formulated by the Community and the Member
States within that framework constitute , in the Commission 's viewt sound
negotiating directives * These proposals are set out in Annex II *
        Other questions - in respect of which the Community and the Member
States have , moreover , reserved the right to make new proposals during
the negotiations - are also fundamental to the conclusion of a second
International Cocoa Agreement ; these are set out in Annex III and should
likewise be covered by negotiating directives *
4 * Special difficulties of a Member State
        The requirements of Italy 's constitutional procedure involve delays
in the ratification of international agreements which entail budgetary
expenditure ( payment of contributions to the Organization 's budget)*
The 1972 International Cocoa Agreement has not yet been ratified by the
Italian Parliament and Italy has agreed to apply the Agreement provisionally
only on condition that it is not deprived of its right to vote as a result of
non-payment of its contribution to the Organization 's budget ( l-)« Accordingly ,
in June 1973 the Council decided as an exceptional measure that the EEC
could , where appropriate , pay the contributions owed by Member States under
the terms of the Agreement , subject to such sums being reimbursed*
        The Commission considers that a solution to this problem – which
would seem to concern Italy alone - should be found within the framework
of the international commodity agreements themselves so that Italy can
provisionally apply the agreements in question pending completion of its
constitutional ratification procedure : only when this is done can it
-rr-r–                                                                     */* .
 ( 1 ) To ensure that members fulfil their financial obligations , this provision
       relating to suspension of the right to vote in the event of non-payment
       of the annual contribution within a reasonable period of time appears in
       all international commodity agreements and cannot be the subject of a
       waiver *
 ---pagebreak---                          - 4 -
undertake to make its contribution to the budget of the Agreement , This
problem is raised in Annex III referred to above . If no solution can be
worked out at international level one should be found at Community level
based on a formula similar to that decided upon by the Council in June
1973 1 so as to eisure that Italy can participate along with the other
Member States and the Community*
 ---pagebreak---                                                     VIII/443(75)-E
                                                    Annex I
                                           !
Recommendation for a Council Decision concerning negotiation of the second
                 International Cocoa Agreement                             J
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ;
Having regard to the recommendation from the Commission ;
Whereas the Community signed the 1972 International Cocoa Agreement on
15 January 1973 and has participated in that Agreement since its entry
into force on 1 July 1973 » subject to final acceptance at a later date ;
Whereas that Agreement will expire on 30 September 1976 ;
Whereas an International Conference will be held in Geneva from 22 September
to 17 October 1975 within the framework of UNCTAD for the negotiation of
a second International Cocoa Agreement ; whereas the Community should take
part in these negotiations which involve common commercial policy matters ;
HAS DECIDED AS FOLLOWS :
The Commission is hereby authorized to conduct , on behalf of the Community ,
the negotiation of the second International Cocoa Agreement , in respect of
matters falling within Community jurisdiction .
The Commission shall conduct the negotiations within the framework of the
annexed directives and in consultation with the Special Committee provided
                                                          •     ^
for in Article 113 »
                                           Done at Brussels ,
                                           For the Council
                                           The President
 ---pagebreak---                                                        VIll/443(75)-E
Proposals 'by "the European Economic Community and its Member States to the pre
paratory Committee for the second international cocoa agreement(9-13 June 75)
       These first proposals concern provisions relating to certain aspects
only of the 1972 International Cocoa Agreement , They clearly do not prejudge
the positions which may he adopted either during the preparatory work or
during the negotiations on the fundamental questions raised "by the other
Members in their proposals. They are not exhaustive and are to be studied
in conjunction with other proposals. In the light of the progress achieved
in the Preparatory Committee and during the negotiations, we may wish to
 submit other proposals .
 1 . Légal aspects
 Article 74 (Durâtion of the Agreement )
        In view of the constitutional obligations of some members , it is
 suggested that provision be made for an agreement of three years 'duration
 which can be extended for a further two years , without negotiations or
 amendments, by special vote of the Council . The relevant provisions
 concerning renegotiation and the amendment procedure would of course be
 retained, as would those concerning the early termination of the Agreement .
  2 . Economic aspects
  a) Article 2 (Definitions )
        Should the problem which his arisen for the United Kingdom concerning
  exports of cocoa powder sold in individual packages for direct consumption
  not be settled at the next session of the Council by amending the Control
  Rules, it is proposed that a solution be found by modifying Article 2 (b)
  to include the following phrase "... cocoa cake and cocoa nibs, excluding
  products packaged for direct consumption, as well as ..."
  b) Buffer Stock                                                                . .
      Article 37
         The present provisions concerning the volume and composition of the buffer
   stock(maximum capacity of 250.000 tons of beans) would be retained. While a
   legal analysis of the relevant texts leaves no doubt regarding the matter,
   it would perhaps be appropriate to specify that the cocoa purchased and
   held by the buffer stock is the property of that body and remains under its
   control .
 ---pagebreak---                                 - 2 -
Article 39 ( Purchases t?y the Buffer Stock)
       In view of the foreseeable financial situation of the buffer stock upon
expiry of this Agreement , the new Agreement should provide for the following :
 ( i ) an improvement in the terms of purchase and payments to producing members
        (paragraph 5 ) ;
                                                                             X
( ii ) from the first quota year and , subsequently, each year the Council
       should be able to decide , as from the beginning of a quota year , to
       maintain or reduce the rate of contribution in force or to suspend the
       levying of such contribution ( see Article 38 ( l ))*
Article 40(Buffer stock sales )
       The wording of paragraphs 2 and 3 of this Article ought to be clarified ,
since what is involved is ensuring both that the maximum price is upheld
and that importing countries' supplies are secured^ sales from the buffer
stock should be reserved for approved purchasers from importing member
countries ( it is to be hoped that this problem can be settled when the
Council adopts the Buffer Stock Rules )*
       Similarly , it should perhaps be specified that the rate of sales ,
grades offered and speed of deliveries are the responsibility of the
Buffer Stock Manager irrespective of where stocks are held.
Article 41 (Withdrawal of Cocoa Beans from the Buffer Stock) ,
       Again for the sake of greater clarity , it should be specified that
the implementation of the provisions of Article 41 presupposes the prior
application of Article 36 (Redistribution of Shortfalls )*
       ( c) other provisions relating to supplies            <
Article 34 (Adjustment of Quotas )
       In exceptional situations where the indicator price remains substantially
above the maximum price other arrangements should be made to defend the
maximum price * As the quotas are suspended as soon as the indicator price
is above the minimum price + /5"~/ cents (Article 34 (4 ))» and "the indicator
price is above the maximum price + X cents in this particular case , the
restoration of quotas before the end of the quota year could not be
envisaged*        -                                        <     ■ .
       It is proposed to insert a new paragraph between paragraphs (8 ) and ( 9)
of Article 34 , which would read as follows :
"When the indicator price is X cents above the maximum price , the provisions
of Article 35 ( 2 ) and of Article 41 shall be suspended"*
 ---pagebreak--- Article 44 ( Assurance of Supplies )
     Without prejudging at this stage the means which might be employed ,
efforts should "be made to strengthen the provisions of this Article , in
particular as regards the duty of exporting members duty to make their
offers to importing members without restrictions when the indicator price
is above the maximum price *                                              ,1
Article 49 ( Production and Stocks )
     In the exceptional situations defined in the new paragraph proposed
above for insertion in Article 34 » producing members should endeavour
to implement measures having short-term effects on improving cocoa
availabilities .                                              So
 ---pagebreak---                                                          VIII /443(75)-B
                                                         Arrnex III
                                                «
Among the questions to be dealt with m negotiations for the conclusion of
a second International Cocoa Agreement there are , in addition to those
mentioned in Annex II , important points which have moreover been highlighted
during the work of the Preparatory Committee , These questions would be the
subject of the following directives .                                          >
1 * Anmal Export Quotas ( Articles 31 and 34 )
      Automatic revision of the quotas in the course of a year, in particular
as a result of the updating of the figures for the grindings planned , might
interfere with implementation of other provisions of the Agreement , such
as quota adjustments t>y reference to price trends , the rules governing any
surpluses , the redistribution of shortfalls , deliveries to the buffer stock
and withdrawals from the buffer stock. Besides , Article 34 ( l ) and ( 2 ) enables
the Council to review the quotas whenever circumstances so require . Automatic
revision should therefore not be introduced in the new Agreement , However,
the present provision concerning non-reduction of quotas or maintenance of
the suspension of quotas during the last 45 days of the quota year should
be retained (Article 34(9 ))«
2 , Role of the Buffer Stock ( Article 37 )
      The proposal by the member countries of the Cocoa Producers 'Alliance
regarding the possibility of funds being allocated from the buffer stock
for investments in their countries deserves particular attention. This
would represent a radical change in the role of that body , the funds of which
are earmarked solely for the purchase of cocoa beans and for covering
expenditure relating to the operation and maintenance of the buffer stock .
The traditional concept of buffer stocks is moreover , confirmed by the UNCTAD
Secretariat in its proposals for a overall integrated programme for commodities;
one of the key features of this is one or more buffer stocks of products
intended solely for stabilizing markets . Reference is made however, to the
risk of overproduction , in which case it is proposed that the stimuli
provided through the operations of an international stock be used to encourage
the conversion of resources and policies for mobilizing resources to step
up the diversification of production and exports ( see Document TD/B/C,l/l66 ) ,
There is therefore no question of providing direct financing for these
operations through the buffer stocks .
 ---pagebreak---                            - » -
       Without prejudging at this stage the many questions arising in connection
with the conditions governing the buffer stock and the detailed rules for
applying it , if a new concept were accepted during the negotiations it
would be necessary to ensure that the Council was alone responsible for
implement it , aad that it did so in such a way that the prime objective
                                                                              I
of the buffer stock was not compromised .
       The proposals of the Community and the Member States ( see Annex II )
on modifying the present terms for financing the buffer stock are directly
related to this question , for there would no longer be any limits to the
foreseeable requirements of the buffer stock if the funds could be
allocated to " investments " in the producing countries .
3 . Payment of Contributions to the Buffer Stock ( Article 38 s 5 new)
       The proposal to grant importing developing countries exemption from
payment of contributions ( in the case of cocoa coming from non-member
countries ) ought to be considered , subject to the practical implementing
procedures being determined in such a way as not to compromise the
effectiveness of the control measures .
4 . Prices ( Article 29 )
    a) Minimum price level : The initial price in the 1972 Agreement ( 23 US
cents per pound ) , revised and increased to 29.5 cents in 1974 , will have to be
revised again in the new Agreement . The extent of the revision cannot be fixed
in advance and it will be related both to market conditions and to other price
factors to be negotiated , namely .
    b ) The gap between the minimum and maximum prices : ( at present 9 cents ).
A widening of this gap a.nd/or , in any event , the possibility for the Council
to revise this gap must be envisaged , if only to avoid over frequent adjust
ment of the quotas by reference to prices within the range . It will be noted
here that the four quota adjustments provided for in Article 34 are made
within a price scale of only 5 cents unless otherwise decided by the
Council by special vote .
    c ) The conditions governing revision of the minimum price : frequency -
criteria - automatic mechanism or decision of the Council .
                                                                   ./
 ---pagebreak---                               - 3 -
        A balanced, solution should, be sought giving s
 (i)    exporting countries the assurance that prices will be reviewed aid
        possibly revised at regular intervals in the light of international
        economic and monetary events to be specified , if necessary , in the
        Agreement itself ;
 ( ii ) importing countries the assurance that action taken by the Council
        ( decision by special vote ) will not be of an automatic nature
        amounting to the indexing of the price of cocoa in accordance with
        given criteria#
5 . Italy 's special difficulties
        On behalf of the Community and the Member States a solution should
be sought to the problem of Italy 's provisional participation , and it
must be one which does not prejudge the decision of the Parliament of
that Member State regarding final acceptance of the Agreement .
        If this problem , which is related to that of the payment of the
contribution to the Organization 's budget , cannot be solved in the
Agreement itself(in the form either of a special provision or of a
derogation from the provisions of the Agreement ), a solution should
be worked out at Community level so that the Community and all the
Member States can apply the new Agreement provisionally or definitively ,
their participation being necessary to permit the entry into force and
the implementation of the said Agreement#


RECOMMENDATION FOR A COUNCIL DECISION AMENDING THE TEMPORARY ARRANGEMENT FOR A CONCERTED DISCIPLINE BETWEEN FINLAND AND THE EUROPEAN ECONOMIC COMMUNITY CONCERNING RECIPROCAL TRADE IN CHEESE


RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE COMMISSION TO ENTER INTO NEGOTIATIONS WITH A VIEW TO CONCLUDING AN AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE UNITED STATES OF AMERICA ON COOPERATION IN THE WINE SECTOR


title: Recommendation for a COUNCIL DECISION authorizing the Commission to negotiate on behalf of the Community for the establishment of an international Convention for the conservation of salmon stocks occurring in the North Atlantic Ocean (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 641
Vol. 1979/0215
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(79)641 final
                                                 Brussels , 27 November 1979
                          Recommendation for a
                            COUNCIL DECISION
authorizing the Commission to negotiate on behalf of the Community
for the establishment of an international Convention for the con
servation of salmon stocks occurring in the North Atlantic Ocean
              ( submitted to the Council by the Commission )
C0M(79 ) 641 final                            c-   r
                                   jnTH             ^       j
                                                          ,!
 ---pagebreak---                    EXPUM^Y MEMORANDUM
The Atlantic Salmon migrated yearly from rivers in North America and
Europe io the waters of West Greenland, and the Norwegian Sea r returning
to its native river after a period of two or more years . This extensive
migration lies "behind the efforts which have "been made to arrive at
regulation of the fishing of this species through international
                                           .....    .                *
arrangements since the late nineteen-sixties . Coastal states in whose
rivers salmon stocks originate have , in order to reduce the extent of'-' ,
predation on these stocks , "been concerned to ensure both the prohibition
of salmon fishing "beyond areas of fisheries jurisdiction and the limitation ,
of catches of salmon taken within such areas .
The International Convention for the Northwest Atlantic Fisheries ( 1949 )
provided the forum for the first discussions on this question . In 1970
all Contracting Parties to the Convention except Denmark , the Federal
Republic of Germany and Norway agreed to take appropriate action to
ensure that fishing for salmon "be prohibited in waters outside national
fishing limits (then extending to twelve miles at most from- baselines ) . '
Two years later , the Contracting Parties agreed upon a Regulation under which
fishing for salmon "by non-Greenlanders in Greenland waters would "be
eliminated "by 31 December 1975 » and fishing by Greenland fishermen would
take place only within national fisheries limits and be limited to the
average level of yearly catches from 19^4 "to 1971 . Following the
withdrawal of the Member States of the Community from ICNAF on 31 December
            •                            *        ,     ••    ■• -
1978 , however, this Regulation ceased to -be binding uporj Denmark.
When it became clear during 1978 that arrangements made under ICNAF would
lapse , the United States and Canadian authorities expressed their concern
to the Community , which had assumed competence for the management of
fisheries resource^ in 1976, that cooperation with respeot to the
management of salmon fishing in Greenland waters should continue .
The Canadian authorities made it clear during the negotiation of the
EEC-Canada fisheries agreement that conclusion of the agreement would be
conditional upon an undertaking by the Community to limit catches of
salmon in Greenland waters for the duration of the agreement to , the
level established under the ICNAF arrangements of. 1972. This undertaking
was given for the years 1978 and 1979 in an exchange of letters between
the Community and Canada earlier this year .
 ---pagebreak--- Meanwhile the United States authorities informed the Community
that in their view arrangements for the conservation of Atlantic
salmon should he the subject of multilateral rather than "bilateral
agreement , and to this end they presented in March 1979 proposals
for an international Convention to cover the North Atlantic Ocean
and its adjacent seas .     As well as the establishment of an
institutional framework for international cooperation on this matter ,
the United States * proposals would involve the, adoption of specific
conservation measures , such as a ban on fishing for salmon beyond
12 miles from baselines and the limitation of catches within the
12-mile zone either to the annual level obtaining during the period
1976 to 1978 or to the annual level permitted under ICNAF arrangement s .
The Community position
The Community has already accepted within the framework of its fisheries
agreements with the United States and Canada the general principles
formulated at the Third United Nations Conference on the Law of the
Sea with regard to the conservation and management of anadromous
stocks ( see Article 66 of Informal Composite Negotiating Text ,
Revision 1 , 28.4 . 1979) « This implies inter alia acceptance that coastal
states in whose rivers anadromous stocks originate have a primary interest
in and responsibility for the conservation of such stocks , that states
into whose waters these stocks migrate shall cooperate with the
" originating" state in matters of conservation , and that conservation
measures with respect to these stocks may be implemented through
regional organisations where appropriate® Article VIII of the EEC-Canada
fisheries agreement also declares that the parties will continue to work
together for the establishment of permanent multilateral arrangements
reflecting their acceptance of the primary interest of "originating"
coastal states in the conservation of anadromous stocks .
The acceptance by the Community of these guiding principles means in the
Commission 's view that the Community should accept the invitation of the
United States to participate in negotiations for an international
Convention on Atlantic Salmon. It is clear , however , that the adoption
of concrete conservation measures tinder such a Convention will give rise
to significant conflicts of interest between the various communities
exploiting these stocks within the Community . In these circumstances , the
Commission believes that progress can best be assured in any future
negotiations if questions of form , related to the nature of the
 ---pagebreak---      organisation to be set up under a future Convention , are clearly-
     separated from , and settled before , questions of content , such as the
     nature of the conservation measures to be adopted 7vider the Convention .
 8.  As a first step the parties to the proposed Convention should establish .
     an organisation which will provide for the obtaining of scientific
     advice on salmon stocks , and for the taking, of action based on such advice .
     Some of the more specific proposals made in the United States draft in effect
     prejudge the nature of the advice which will be obtained through the *
     mechanism established under the Convention. The Community should rather
      suspend its judgement , in order that , conservation measures may be
     adopted after a full examination of the need for them arid of their effects .
     However , in order to ensure proper conservation of salmon stocks pending
      the effective operation of the organization established by the Convention ,-
      it would in the Commission's view be necessary to negotiate interim
      arrangements in parallel with negotiation of the Convention itself , which
      would apply , for example , for one year after the entry into force of the
      Convention , or two years after its signature , whichever was the shorter
      period .         '   '  -                                             /
 9.   Another fundamental principle which should be embodied in any future
      Convention on Salmon is that of equity of obligation between the Contracting 1
      Parties . While it is clear that the establishment of a Convention will
      lead to the imposition of constraints on commercial fishing of salmon in
      maritime waters , such sacrifices should be equally balanced between the ..
      "originating" states and states into whose waters the salmon migrate . It
      would not be acceptable to the Community for a single party or region to
      bear the burden of conservation on behalf of all other parties or regions .
      In order to respect the principle of equity of obligation , the bodies
      established under the Convention would also have to consider the levels
      of salmon fishing in internal waters .
10 .  The need for a balance of sacrifice between "originating" mid "host "
      states , and the fact that salmon stocks originating in some Member States
      migrate both to the North-east and North-west Atlantic , would require , in
      the Commission 's view, that the area covered, by the proposed Convention
      should be the entire North Atlantic ocean and i^s adjacent seas (with the
      exception of the Baltic Sea) and possibly connected internal waters .
       Decisions on conservation could , however , be taken iri two separate fisheries -
     - commissions covering the North–east and North-west Atlantic respectively ,
       membership of each commission being confined to those Contracting Parties ;
       having a
 ---pagebreak---                                   4
     direct interest in the stocks occurring in that region .
11 . Finally , the Commission believes that , in order to ensure a similar degree
     of sacrifice "by all parties , the point of reference for a future conser-'
     vation policy should be based upon the long-term rather than short-term
     history of each fishery . In this connection , the three-year reference
     period for catches proposed by the United States appears inadequate ; a
     longer reference period would better reflect the relative interests in the
     fishery .
12 . With these provisos the Commission believes that the Community should
     participate in the proposed multilateral negotiations and in the Convention
     itself . Such an approach would be the only one consistent with the
     Community 's views on the need for international cooperation for fisheries
     conservation . Moreover ,, failure to arrive at a multilateral settlement
     of this question will only increase the pressure upon the Community to
     reach a bilateral settlement .
13 . The Commission therefore recommends that the Council adopt the attached
     decision authorizing the Commission to negotiate for the establishment of
     an international Convention for the conservation of Salmon stocks occurring
     in the North Atlantic Ocean , to which the Community would be a .Contracting
     Party .                                                          '
 ---pagebreak---                             Recommendation for a
                 Council Decision authorizing the Commission to
                 negotiate on "behalf of the Community for the
                 establishment of an international Convention
                 for the conservation of salmon stocks occurring
                 in the North Atlantic Ocean .
TH3 COUNCII OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty • establishing the European Economic Community ;
Having regard to the Recommendation from the Commission ;                      T
Whereas on 3 November 1976 the Council adopted a set of resolutions .concerning
certain external and internal aspects of the common fisheries policy ;
Whereas the Government of the United States of America has proposed negotiations
with a view to concluding an international convention on salmon in the North
Atlantic Ocean ;                                         -
Whereas certain principles with respect to the conservation and management of
anadromous stocks have been elaborated at the Third United Nations Conference
on the Law of the Sea , including the principle of international cooperation to
this end ;                               ' -    '                       -    -
Whereas the European Economic Community agrees with these principles ;
Whereas the Community should therefore participate in negotiations with aiview
to establishing a sound framework for international cooperation in this matter ;
Whereas such international cooperation should aim to achieve a balance between
the interests of the various communitiea which exploit this resource within
the limits imposed by conservation requirements :
 ---pagebreak--- HAS DECIDED AS FOLLOWS :
                          Sole Article
The Commission is hereby authorized to negotiate on behalf of the Community ,
in accordance with the directives annexed hereto , for the establishment of
an international Convention for the conservation of salmon stocks occurring
in the North Atlantic Ocean .
The Commission shall conduct the negotiations assisted by representatives of
the Member States .
Done at Brussels                                           For the Council
                                                            The President .
 ---pagebreak--- The Community shall U. - . s : Parting point -. or these negotiations the
principles elaborated, at the Third UniteC Nations Ccnfere ce on the Law
of the Sea with respect to anadromous stocks (Article 66 of the Informal
Composite Negotiating Text / Revision 1 ).
Having regard to the principles referred to in paragraph 1 , the objective
of the Community shall "be a Convention which establishes a framework for
the adoption of conservation measures on a regular basis for salmon stocks
occurring in the North Atlantic Ocean and its adjacent seas , with the exception
of the Baltic Sea . This framework could comprise , inter alias
          ( 1 ) a scientific committee , responsible for the collection and
                analysis of data concerning all salmon fisheries within the
                Convention area , and for the formulation of management advice
                to the Commission ;
          ( 2) one or more fisheries commissions , which on the basis of
                available scientific advice shall propose to the Contracting
                Parties measures for the conservation and management of salmon
                stocks occurring in the Convention area in accordance with the
                normal procedures followed in international fisheries conventions ;
          ( 3) appropriate provisions for the collection and transmission by
                Contracting Parties of data concerning salmon fisheries
                within their area of fisheries jurisdiction ;
          (4) appropriate provisions for enforcement within the Convention area
                of conservation measures adopted under the Convention .
The organisation established under paragraph 2 above shall have as its goal
the application of appropriate conservation measures throughout the Convention
Area . It shall also ensure equality of sacrifice between the Contracting
Parties in any conservation measure which involves a limitation of salmon
catches , taking into account , inter alia :
          - the historical development of the fisheries in question ;
          – the economic dependence of certain communities upon the fisheries
              in question .
In addition to establishing the framework described above , the Convention should
provide for interim conservation measures to be laid down in a separate protocol
These measures would apply from the date of signature of the proposed Convention
Convention until such time as definitive measures could be decided upon by the
procedures established under the Convention , provided that such interim measures
would not remain in force beyond a fixed period to be negotiated beforehand with
the other parties .


RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE OPENING OF NEGOTIATIONS AND CONSULTATIONS IN GATT CONCERNING AMENDMENT OF THE TARIFF CONCESSION ON THE ZERO-DUTY TARIFF QUOTA FOR NEWSPRINT


title: Recommendation for a Council Decision on the existence of an excessive deficit in Portugal - Application of Article 104(6) of the Treaty establishing the European Community

text: ---pagebreak---  ---pagebreak---  ---pagebreak---


Recommendation for a COUNCIL DECISION on the position to be taken by the Community regarding an agreement concerning the monetary relations with the Principality of Andorra


RECOMMENDATION FOR A COUNCIL DECISION ON THE CONCLUSION OF A PROTOCOL TO THE ASSOCIATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND TURKEY, CONSEQUENT ON THE ACCESSION OF THE HELLENIC REPUBLIC TO THE COMMUNITY


    COMMISSION OF THE EUROPEAN COMMUNITIES
                                               C0M(91) 494 final
                                               Brussels, 4 December 1991
                              Recommendation for a
                                COUNCIL DECISION
         on the adaptation of the agreement in the form of an exchange
              of letters between the European Economic Community
       and the Kingdom of Norway concerning reciprocal trade in cheese
w:^
                         (presented by the Commission)
 ---pagebreak---                                                                      £
                          EXPLANATORY  MEMORANDUM
1.  The Agreement in the form of an exchange of letters on reciprocal
     trade in cheese between the Community and Norway^ 1 ), signed on 22
    March 1989, is of unlimited duration and           largely comprises
     reciprocal tariff quotas. However, the quotas were set for the
     first three years only (1989 to 1991). Hence, it is necessary to
    determine the quantities and import duties applicable as from 1
    January 1992.
2.   In accordance with the provisions of paragraph 7 of the Agreement,
     the Commission has held consultations on this subject with Norway.
     In the course of these consultations it was agreed that the
     quantities and import duties should be maintained unchanged for one
     additional year, in view of the fact that in principle a new
     Agreement should enter into force on the same date as the Agreement
     relating to the EEA (European Economic Area).
3.   It has also been agreed that consultations will take place during
     the second half of 1992 concerning a possible review of the
     situât ion.
     In view of the above, it is proposed that the Council :
         should approve the draft exchange of letters attached to this
         proposal -,
          should authorize the President of the Council to designate the
         person empowered to sign the exchange of letters on behalf of
          the Community.
 (1) OJ No L 362 of 30.12.1988, p. 52
 ---pagebreak---                                                                        3
                          Recommendation for a
                              COUNCIL DECISION
 on the adaptation of the Agreement in the form of exchange of letters
   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 by the Commission,
Whereas in the Agreement between the European Economic Community and
the Kingdom of Norway concerning reciprocal trade in cheese, signed on
22 March 1989(1>, the tariff quotas to be opened by the Community and
Norway respectively were laid down for the years 1989-1991 only;
whereas quotas applicable from 1 January 1992 should now be laid down;
Whereas the Commission has held consultations on this matter          with
Norway and whereas these consultations have led to an Agreement;
HAS DECIDED AS FOLLOWS
                                 Art icle 1
The Agreement in    the form of an exchange of letters between the
European Economic  Community and the Kingdom of Norway concerning the
adaptation of the   Agreement on reciprocal trade in cheese is hereby
approved on behalf of the Community.
The text of the Agreement   is attached to this decision.
                                 Art icle 2
The President of the Council is hereby authorized to designate the
person empowered to sign the Agreement in order to bind the Community.
Done at Brussels,                           For the Council
                                            The Près ident.
(1) OJ No L 362 of 30.12.1988, p. 52
 ---pagebreak---                        A. LETTER FROM THE COMMUNITY
                                                     Brussels,
Sir,
I have the honour to refer to the consultations held between the
European Economic Community and the Kingdom of Norway under paragraph 7
of the Agreement on reciprocal trade in cheese, signed on 22 March
1989.
I hereby confirm    that these consultations have   led to the following
results :
1.   For 1992, the quantities of cheese and the import duties laid down
     by the said Agreement are maintained without change;
2.   During the second half of 1992, consultations will be held to
     determine the quantities and import duties applicable for the
     fol lowing years.
 I should be obliged if you would confirm your Government's agreement
concerning the content of this letter.
 I have the honour to be, Sir,
                                         On behalf of the Council of
                                         the European Communities
 ---pagebreak---                                                                           J^
                   B.  LETTER FROM THE KINGDOM OF NORWAY
                                                    Brussels,
Sir,
I have the honour to acknowledge receipt of your letter of today's date
which reads as follows :
"I have the honour to refer to the consultations held between the
European Economic Community and the Kingdom of Norway under paragraph 7
of the Agreement on reciprocal trade in cheese, signed on 22 March
1989.
I hereby confirm    that  these consultations have  led to the following
results :
1.   For 1992, the quantities of cheese and the import duties laid down
     by the said Agreement are maintained without change;
2.   During the second half of 1992, consultations will be held to
     determine the quantities and import duties applicable for the
     fol lowing years.
I should be obliged if you would confirm your Government's agreement
concerning the content of this letter."
I have the honour to confirm that my Government      is in agreement with
the contents of this letter.
I have the honour to be, Sir,
                                         For the Government of
                                         the Kingdom of Norway
 ---pagebreak---                                                                                G
     FINANCIAL                      STATEMENT
                                                                     DATE:
1. BUDGET HEADING: Own resources (Article 100)                       APPROPRIATIONS: ECU 1 369.5m
2. TITLE:
   Proposal for a Counci I Decision on the adaptation of the agreement in the form of an exchange of letters
   between the European Economic Camunity and the Kingdom of Norway concerning reciprocal trade in cheese
3. LEGAL BASIS:
   Article 113 of the Treaty
4. AIMS OF PROJECT:
   To extend for 1992 the quotas and duties agreed mutual ly between the Community and Norway on cheese
                                   Period of 12 months   Current Financial Year   Following Financial Year
5. FINANCIAL IMPLICATIONS              ECU mi 11 ion       (1992) ECU mi 11 ion      (1993) ECU ml 11 ion
5.0 EXPENDITURE
    - CHARGED TO THE EC BUDGET
    - (REFUNDS/INTERVENT ION)
    - NATIONAL ADMINISTRATION
    -OTHER
5.1 REVENUE
    - OWN RESOURCES OF THE EC
      (LEVIES/CUSTOMS DUTIES)            - 3.1                     - 2.6                    - 0.5
    - NATIONAL
                                         1994                 1995                1996             1997
5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE
5.2 METHOD OF CALCULATION: (12 months)
    Normal import levy     : ECU 1 883.1/tcnne
    Reduced import levy    : ECU 550.0/tome
    Loss of levy per tome: ECU 1 333.1/tonne
    Total loss of levy     : 2 020 t x ECU 1 333.1/t x 1,145 (DR) - ECU 3.1 mi 11 ion (B)
    Exports to Norway do not qua I ify for export refunds.
6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET?
                                                                                YES/ND
6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET?
                                                                                YES/ND
6.2 IS A SUPPLEMENTARY BUDGET NECESSARY?
                                                                                YES/NO
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?
                                                                                YES/ND
OBSERVATIONS:
Since an extension of the arrangements in force with no change in the quantities :
financial impact has already been taken into account in the 1992 draft budget
 ---pagebreak---                                                                                >
                                                                     ISSN 0254-1475
                                                              COM(91) 494 final
                                                      DOCUMENTS
EN                                                                         03 l i
                                Catalogue number : CB-CO-91-542-EN-C
                                                             ISBN 92-77-78051-7
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title: RECOMMENDATIONS FOR COUNCIL DECISIONS ON THE CONCLUSION OF PROTOCOLS ON FINANCIAL AND TECHNICAL COOPERATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE HASHEMITE KINGDOM OF JORDAN, THE LEBANESE REPUBLIC AND THE SYRIAN ARAB REPUBLIC

text:
21.6.91                             Official Journal of the European Communities                                No C 162/5
                                                            II
                                                    (Preparatory Acts)
                                              COMMISSION
        Recommendations for Council Decisions on the conclusion of Protocols on financial and
        technical cooperation between the European Economic Community and the Hashemite
                    Kingdom of Jordan, the Lebanese Republic and the Syrian Arab Republic
                                                     (91/C 162/06)
                                                   COM(91) 203 final
                                   (Submitted by the Commission on 31 May 1991)
        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 and technical cooperation between the European Economic
        Community and the Hashemite Kingdom of Jordan, the Lebanese Republic and the Syrian
        Arab Republic should be approved,
        HAS DECIDED AS FOLLOWS:
                                                        Article 1
        The Protocol on financial and technical cooperation between the European Economic
        Community and the Hashemite Kingdom of Jordan, the Lebanese Republic and the Syrian
        Arab Republic is hereby approved on behalf of the Community.
        The text of the Protocol is attached to this Decision (').
                                                        Article 2
        The President of the Council shall give the notification provided for in Article 22 of the
        Protocol (l).
                                                         Article 3
        This Decision shall enter into force on the day following that of its publication in the Official
        Journal of the European Communities.
        (') For the text of the Protocols see OJ No C 135, 25. 5. 1991, p. 5.
        (2) The date of entry into force of the Protocol will be published in the Official Journal of the European
            Communities by the General Secretariat of the Council.