title: Recommendation for a COUNCIL DECISION concerning the conclusion of the Agreement between the European Economic Community and Finland negotiated under Article XXVIII of the GATT in respect of the bound products in Chapters 1 to 22 of the Finnish Customs Tariff. (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 379
Vol. 1978/0143
 ---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
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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
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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,
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(78)379 final
                                                 Brussels , 31 July 1978
                            Recommendation for a
                              COUNCIL DECISION
             concerning the conclusion of the Agreement between the
             European Economic Community and Finland negotiated under
             Article XXVIII of the GATT in respect of the bound products
             in Chapters 1 to 22 of the Finnish Customs Tariff .
                               /
                   ( submitted to the Council by the Commission )
C0M(78 ) 379 final
 ---pagebreak---                        EXPLANATORY MEMORANDUM
      •  Finland has undertaken a procedure under GATT to modify the
  binding of products of Chapters 1 to 22 . . This modification consists
  in changing specific . duties into ad valorem duties .   Some , of the
  products concerned are . included in Protocol No 2 to the EEC / FINLAND
  Agreement .                                     -
         Negotiations have commenced between Finland and the Community
  on the basis of Article XXVIII ( 4 ) of GATT and the results of these
- negotiations are given in the report attached ...   Attached to this re
  port are a draft recommendation for a Council Decision on the results
  of the negotiations ( Annex I ) and a draft excharige of letters to
  enable the Community to " reserve . rights equivalent to those which it
  holds under GATT for products included in . Protocol -No 2 which are
  bound and the binding of which is at present being modified ( Annex . II ).
 ---pagebreak---      COMMISSION
       OF THE
EUROPEAN COMMUNITIES
                                                           REPORT
             on the outcome of the negotiations with Finland concerning the changes
             in the Finnish agricultural levy system and in the Finnish tariff for
             products in Chapters 1 to 22 .
             ( Negotiation on the basis of Arti cle' XXVIII ( 4 ) of the GATT ).
             1 . In its letter of 22. November 1977 the Finnish Mission to the European
                 Communities informed the Commission of the change made by the Finnish
                  authorities in the system of import charges for products in Chapters
                  1 to 22 .         The main purpose o.f-this is , on the one hand , to change the
                  system of internal charges into a system of agricultural levies in or
                 der to offset the differences between the domestic and external prices
                 for basic agricultural products and , on the other hand , to change the
                  specific duties of the present Finnish tariff irito ad valorem duties .
                 Many of these products are bound under GATT and the renegotiation pro
               , cedure under Artie le XXVIII ( 4 )- has been instituted . Finland 's request
                 for negotiations and its proposals for changing the bound specific du
                 ties into,, ad valorem duties were the subject of documents GATT Secret /
                 237 of 21 July 1977 and GATT Secret / 237 Add . 1 of 25 July 1977 .
            2 . Since July 1977, a series of negotiations and consultations have been
                 held in Brussels and Geneva and the Article 113 Committee and the Coun
                 cil 's Ad Hoc Working F'arty of EFTA have been kept regularly informed
                 of the .results .
                 Since many of the products concerned are included in Protocol No 2 to
                 the EEC-Finland Agreement of 5 October 1973 , the main aim of the nego
                 tiations and consultations was to maintain unchanged the conditions
                                                                                t
       Oddr      uc io Loi >00 , B--10<:0 Dr^,cis - Téléphone 35 00 40-35 S0 40 - Tcleg.Gph.ir < COMEUR Brus s s - -
 ---pagebreak--- governing the present arrangements for imports into Finland of
Community products included in Protocol No 2 .       In this respect ,
the Finnish authorities were able to give every assurance that
the present arrangements would not be affected by the new Finnish
measures and that there would be no discrimination against products
originating in the Community in favour of similar Finnish products .
Furthermore , with regard to Protocole No 2 products which are bound ,
the Finnish authorities agreed to an exchange of letters enabling
the Commission to preserve , at bilateral level , rights equivalent
to the rights it has in . respect of those products under Article XXVIII
of the GATT ( Annex I )
Lastly , Finland stated that it was prepared to "holdnegoti ations or
consultations with the Community , which is the main supplier of a
large number of products , in accordance with the provisions of Ar
ticle XXVIII of the GATT , with a view to changing the bound specific
customs duties into ad valorem customs duties .       These negotiations
took place in March andApril 1978 and resulted in a. draft agreement
on the ad valorem rate for products which are bound by Finland but
not- inc luded in -Protocol No 2 and for -which the Community is the -
main supplier .    These rates , are- shown in the list attached to the  , .
draft agreement ( Annex I).' .                              - .
The Article 113 Committee delivered a favourable opinion on the draft
agreement on amended rates for bound products and on the dr^ft ex
change of letters concerning the bound products included in Protocol
No 2 to the EEC-Finland Agreement ."
The documents embodying the results of the negotiations were initial
led in Geneva on     29 June 1978 .
 ---pagebreak--- ANNEX ---pagebreak---                                                                    ANNEX I    •:J
                     - RECOMMENDATION FOR A COUNCIL DECISION
  concerning the conclusion of the Agreement between the Eurppean Economic
  Community and Finland negotiated under Article XXVIII . of the GATT in res
  pect of the bound ^products in Chapters 1 to 22 of the Finnish Customs
  Tariff .
  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 fromr the Commission ,
                                                     .                 i
  Whereas , having recourse to Article XXVIII of the General Agreement on Ta
  riff and Trade ( GATT ), Finland communicated its intention to change the
  tariff concessions for products for which the European Economi c Community
. i s the main supplier ;
  Whereas the Commission opened negotiations with Finland under Article XXVIII
  of the GATT ; whereas it has reached an agreement with that country , which
  is considered satisfactory ,
  HAS DECIDED AS FOLLOWS : .            .                   " '
                       ,            Article 1
  The Agreement between the European Economic Community and Finland negotia
  ted under Article XXVIII of the GATT concerning the bound     products in
  Chapters 1 to 22 of the Finnish Customs Tariff is hereby approved' on behalf
  of the Community .      •                       ,                         .
  The text of the Agreement is annexed to this . Decision .
 ---pagebreak---                              Article 2
The President of the Council is hereby authorized to designate the
person empowered to sign the Agreement in order to bind the Community .
                             Article 3
The outcome of the negotiations shall be communicated to the Contrac
ting Parties to the General Agreement on Tariffs and Trade .
Done at Brussels ,
                                         For the Counci I
                                          The President
 ---pagebreak---                              AGREEMENT
between the European Economic Community and Finland negotiated under
Article XXVIII of the GATT concerning the bound products in. Chapters -
1 to 22 of the Finnish Customs Tariff               •     -
                        f                  .
             - GENERAL AGREEMENT ON TARIFFS AND TRADE
            Negotiations concerning List XXIV - Finland
The delegation of the European Communities and the Finnish delegation
have decided , in accordance with the outcome of the negotiations opened
under Article XXVIII of the General Agreement , that the concessions set
out in the attached list are to be changed as shown therein .            '
       For the delegation                    For the Finnish delegation
  of the European Communities
Geneva ,                       1978                                 1978
 ---pagebreak---    Outcome of the negotiations with the European Economic Community
   opened under Article XXVIII of the GATT with a view to changing
   the concessions containes in List XXIV - FINLAND .
               The previous concessions set out in table I hereafter are
   modified and replaced by the concessions contained in table II
   of the present agreement .           -
                                     • TABLE   I
                 CONCESSIONS CONTAINED IN LIST XXIV - FINLAND
                               as of 30th June 1967
 Tariff Item                                                         Rate of modified
                               Description of goods
    Number                                                               bound duty
03.01                Fish , fresh ( live or dead ), chilled or
                     frozen :
   B.   '               other fish :                                        .
                                                                  .
     H.            j       flatfish and Gadidae                      1 kg    0,09
      ni .                 clupidae :
          a.                   sprats , whole , cleaned or in        1 kg    0,09
                              pieces                 ,        •
04.06 .              Natural honey                                   P - 1 kg . 1,89 ,
06.03                Cut flowers and flower buds of ^a kind
                     suitable for bouquets or for ornamen-      -
                     tal purposes , fresh , dried , dyed ,
                     bleached , impregnated or otherwise
                     prepared :
                                                                                I
                        fresh :                                                          I
                           gladiolus :                                                 .
             1-              Customs clearance taking place
                             from 1st November to 31st March       • P - 1 kg 19,65
      II .              other             .                          p. 1 kg     3,93
 ---pagebreak---                                                                                J
  07.01               Vegetables , fresh or chilled :
        III .               onion
           a.                 garlic         .                      j 1 kg    0,34
        IV .        !       cabbages' :
                              cauliflowers and Brussels sprouts :!!
                                                                                '
           a.
               2.                 Customs clearance taking place
                                , from 1st November to 31st May :
                                  - cauliflowers                       1 kg' 0,39
                                                                            »        *
  07.01 X b                 - endive . Customs clearance taking
                              place from 1st July to 31st Ja
                              nuary                                    1 kg 0,65 .
                            - endive , Customs clearance taking
                              place from 1st February to 31st
                              March    .                               1 kg 0,65
                      --. '-•other salad vegetables . Customs
                              clearance taking place during
                              February         .                       1 kg 0,78
    -
         XI ..        sweet capsi cum :                           {
           a.              Customs clearance taking place from
                           1st' November to 30th June                 -1 kg 0,39
         XIII .       other vegetables :
           3.              Customs clearance taking place from '
                           1st March to 30th June    :
                                                                  I
                           - olives and capers                         1 kg 0,39
           b.  •           Customs clearance taking place from'
                         • 1st July to the last day of February :
                  i
                           - olives and capers                         1 kg 0,39
  07.02               Vegetables ( whether or not cooked ),
                      preserved by freezing :
                      -    tomatoes                                    1 kg 0,90
I
  07.03               Vegetables provisionally preserved in
                      brine , in sulphur water or in other
                      preservative solutions , but not spe
                       cially prepared for immediate consump
                      tion                                             P - 1 kg 0,39
                                                             ^ I
 ---pagebreak--- 07.05        Dried Leguminous vegetables , shelled ,
             whether or not skinned or split :
       I.         of a kind used for human consump
                  tion   :
                     other   :
                     -  lentils                             p. 1 kg 0,32
                      - other , excluding peas and beans    p. 1 kg 0,13
08.02        Citrus fruit , fresh or dried :
        IV.'          other   :
                      - lemons                              p. 1 kg 0,07
08.07 . I.   Stone fruit , fresh , other than apri
             cots , peaches and plums ; cleared
             through customs from 1.1 to 31.5
              ( 101 , 901 )                                  p. 1 kg 0,58
 08.09       Other fruit , fresh
                   melons   :
                       water melons                          1 kg 0,26
 08.10        Fruit ( whether or not cooked ), pre
              served by freezing , not containing
              added sugar :          -
              - dates                                        p. 1 kg 0,26
              - oranges      :
              – Customs clearance taking place
                                                                    40 %
                   from 1st July to 31st December
               – Customs clearance taking place
                                                                    30 %
                    from 1st January to 30th June
               –  lemons                                     p. 1 kg 0,17
               - app Les :
                                                                     15 %
               – app Le puLp
               – other . Customs clearance taking
                    place from 10th December to                      15 %
                    30th June
                                                                   • 10 %
               - pears
  08.12         Fruit , dried , other than that falling
                within heading N° . 08.01 , 08.02 , 08.03 ,
                08.04 or 08.05 :
        IV .        other ( excluding blueberries )           p. 1 kg 0,58
 ---pagebreak--- Q9„01         Coffee ,, whether or not roasted or freed
              of caffeine ; coffee husks sod skins ;
              coffee substitutes containing coffee in
              any proportion
     C.          coffee substitutes containing coffee      p. 1 kg 2,42
     D.          coffee husks and skins                       1 kg 1,11
11.04         Flours OT the fruits     : aliing within any
              heading in Chapter 8                         p. 1 kg 0,28
12.03         Locust beans , fresh or dried , whether-
              or not kibbled or ground , but - net fur
              ther prepared ;. fruit kernels and other
              Vegetable "products of a kind used p'ri-
              mari ly for human food , not falling
              within any other heading :
                   apricot , peach and plum stones and
                   kernels          "                         1 kg 0,39
15.07         Fixedvegetable oils , fluid or solid ,
              crude , refined or purified :
    B. ' .     ' linseed cil ^ unfit as such for human
                 consumption :
        II .        bleached                                  1 kg 0,07
                                                     4
17.02         Other sugars ; sugar syrups ; artificial
              honey ( whether or not mixed with natu
              ral honey ); caramel ;
        I.         artificial honey                        p. 1 kg 1,54
17.05         Flavoured or coloured - sugars , syrups
              and molasses , but not including fruit
              juices containing added sugar in any
              proportion :               "    ,
              - vanilla sugar and vanilline sugar          p. 1 kg 15,47
20.01        'Vegetables and fruit , prepared or pre
              served by vinegar or acetic acid , with
              or without sugar , whether or not con
              taining salt , spices or mustard :
        I.         vegetables :
                     other ( excluding cucumbers in
                     airtight containers ) :
                     -. other than tomatoes in airtight
                        containers     -                   p. 1 kg 0,54
 ---pagebreak---                                                                             -
                                                                              ?
                                                                              VJ
20.02     -       Vegetables prepared or preserved other
                  wise than by . vinegar or acetic acid :
      11 '           mushrooms                                P* 1 kg 2 ' 17 -
      VI .           capers                                   P- 1 kg 1,82
20.04             Fruit , fruit-peel .and parts of plants ,
                  preserved by sugar ( drained , glac6 or
                  crystallised )                              P- 1 kg 1,31
20.05             Jams , fruit jellies , marmalades , fruit
                  puree and fruit pastes , being cooked
                  preparations , whether or not contai
                  ning added sugar :
              . A
                     of berries :                                                >
                     - jams and marmalades                    P"  1 kg 1 , 27
      II .      ;    of fruit   :
         ; a.           jams and similar preparations :                          .
                        - jams , jellies and marmalades ,
                         . of other fruit than apricots       P-  1 kg 1 , 27
20.06             Fruit otherwise prepared or preserved ,
                  whether or not containing added sugar
                  or spi rit :
      VI .           other   :
                                                                          .
                     - other than all kinds of purees         P* 1 kg 0,39
20.07             Fruit juices ( including grape must )
                  and vegetable juices , whether or not
                  containing added sugar , but unfermen-    |
                  ted and not containing spirit :           j
      V.            other vegetable juices                   P- 1 kg 0,26
 .
21.03             Mustard flour and prepared mustard          P- 1 kg 0,68
21.06       '     Natural yeasts ( active or inactive ) ;
                  prepared baking powders               *
   Α.                active yeast :
                        dry yeast                             P- 1 kg 0,31
      II .              other active yeast                    p. 1 kg 0,13
                                                                         I
 ---pagebreak---               • Le;T-on'3<.>;:v f lav        . spa 'wai. ers arid i;i - |
              i voureci aerate;-' w^t^rs , and aioer non-                 >
              I sUohooc beverages , not ir.cvucnnt;                     ,j
              jI f ru'ît
                   . . , »
                           . and
                              .
                                 vegètable
                                  < •
                                               j ui ces .f alting .-
                                      i-,n nri n ->
                                                                           ji
                 within heading N° 20 . C /                                 \
Explanatory note : " p" before the concession rate of duty indicates that ,
                     upon customs clearance ,,- the retail packaging is to be
                     included in the dutiable weight .               ■  •
 ---pagebreak---                                              TABLE II
                            MODIFICATIONS MADE TO LIST XXIV - FINLAND
                        arising out of the Agreement with the Community
  Tariff Item                                                              Rate of modified
       Number
                                     Description of goods
                                                                               bound duty
 '03.01 B.II                Flat fish and gadidae > fresh , chilled
                            or frozen , other than filleted ( 410 ,
                            420 )                                                   1 %
  ex 03.01 B.               Sprats , whole , cleaned or in pieces ,
          III . b .         fresh , chilled or frozen , other than
                            filleted < 302 )                                       2,5 %
  04.06                     Natural honey                       -    -             33 %
                                                                                I
  06 . 03 Ail . a           Gladioli , fresh , cleared through cus            '   20 %
                            toms from 1.11 to 51.3 ( 011 )                 min . duty
                                                                                15 MK / kg
                              s    ■     %                        '
  06.03 8 .                 Cut flowers and flower buds of a kind
                            suitable for bouquets or for ornamen
                            tal purposes , dried , dyed , bleached ,
                            impregnated or otherwise prepared ( 090 )               6 7.
  07.01    C.I.             Garlic fresh or. chilled ( 301 )                        5 %
  ex 07.01 .                Cauliflowers 'cleared through customs-
                                                                                12 %
    •    D.I.b              from 1.11 to 31.5 ( 429 );       _•    v   |
                                                                       i
  ex 07.01                  Endives cleared through customs from
         K.II .             1.7 to 31.3 ( ex 85' /)                                10 %
  .
                                                                         l
  ex 07.01                  Other salad vegetables cleared through
     '   K.II-              customs during Feb . ( ex 859 )                      • 10%
' 07.01 L.        I.        Sweet capsicum C'C^psi cum • grossum'5 ,
                             cleared through customs from T. 11 to
                            30.6 ( 904 )                                 |          5 %
                            ■
                                                                         !
                                                                         !   -
  ex 07.01         '
         N.I.               Olives and- capers cleared through
                             customs from 1.3 to 30.6 ( ex 906 )                    5 %
                         •i
       .                  !
              . .    '•   I
            ■             !
                                                                                \
                                                                                fV
                                                                                \
 ---pagebreak---  ex 07.01         Olives and capers cleared - through cus
       N.li *   | toms from 1 .,7 to 29,2 ( ex 909")              5 %
                1
 07.02 6.1 .      Tomatoes preserved by freezing ( 005 )      . 10 %
 07.03    V       Vegetables provisionally preserved in
                  brine , in sulphur water or in other
                  preservative solutions , but not spe
                  cially prepared for immediate consump
                  tion ( 010 , 020 , 090 )                        6 %
'07.05«A..rtf     Dried leguminous vegetables , other
                  than peas and beans., shelled whether
                  or not skinned or split , of a kind
                  suitable for human consumption ( 080 )          5 % '
 08.02 D.         Lemons fresh or dried ( 300 ).".                4 % .
 08.07 A.III .    Stone fruit , fresh , other than apri
                                                                           i
                  cots , peaches and plums ; cleared
                  through customs from 1.1 to 31.5
                  ( 101 , 901 )"                                  5 %
 08.09 A. I.  -   Water melons fresh ( 101 )                     17%     .
 ex 08.1 0 B.     Fruit ( whether or not cooked ) preser^; /
                  ved by freezing , not containing added
                  sugar    :                                     7,5 %
                  other than strawberries , rasperries ,
                  gooseberries , lingon-berries , blue
                  berries , and red-, black or white
                  currants     .
        '
                  - dates                                        7,5 %
                  - oranges                                      7,5 %
                    ' 1.7 - 31.12                                7,5 %
                      1.1 - 30.6                                 7,5 %       •
                  - lemons                                     . 7-
                                                                  /5 V
                      apples
                      apple pulp          - - -– -         - - 7,5             -
                      other , 10.12 - 30.6                       7,5 %
                  - pears                               •        7,5 %
 03.12 D.         Other ( excluding blue:berriesK909 ) v          8X   :
 09.01 C.         Coffee substitutes containing coffee '
                   ( 300 )            .                          16 %
 ---pagebreak--- 09.01 D.          .       Coffee husks and skins                             11 %
ex 11.04 .          .      Flours of the fruits falling within any             1 */.
                          heading in chapter 8
ex 12.08 'B               Apricot , peach & plum stones and ker
                          nels ( 200 )                                         2 %
 ex . 15 . 07 B.          Linseed oil , unfit , as imported , for
                           human consumption , bleached ( 502 ;                2 %
  ex 17.01 A.             - vani Ila sugar & vanilline sugar                 50 %    ^
                               ( ex 17.05.000 )                         min . duty
                                                                     i
                                                                          3,15 MK / kg
                                                                     i
  17.02 Α .               Artificial honey ( 800 )                             7 7.
  20.01 A. IV .            Pickets prepared or preserved by vine
                           gar or acetic acid ( 155 )                        30 %
                                         V
.
  20.01 Α . ν ;            Vegetables other than tomatoes in air- .
                           tight containers and cucumbers , prepa
                           red or preserved by vinegar or acetic
                           acid ( 157, 158, 159 , 195 , 198 )                 10 %
                      !
  20.02 Β „                Mushrooms prepared or preserved other
                           wise than by vinegar or acetic acid                25 %
                      I
  20.02 G.                 Capers prepared or preserved otherwise
                       i
                           than by vinegar or acetic acid ( 902 )             15 %
  20.04                     Fruit , fruit-peel and parts of plants ,
                           preserved by sugar ( 000 )                         18 %
  ex 20.05 A.              Jams and marmalades of berries ( 300 )             20 %
                           Jams , jellies S marmalades of other
                         • fruit than apricots ( ex 101 , 901 )               20 %
  ex 20 . 0ó    G»          Other fruits otherwise prepared or pre                    «
                            served , other than all kinds of purees
                            ( 709 , 805 , 808 , 804 , 809 )                     6 %
   20.07 Ε .                Other vegetable juices ( 809 )                      6 %
                                                                       ! 7%
   2'1 . 03 .              Mustard flour and prepared mustard ■
                            ( ICQ , . 200 )
 ---pagebreak--- 21 . 06 . A. I.   Pressed yeast *( fresh baking yeast ) ( 101 )        S %
21 . 06 . A. II . Dry yeast ( 102)                                !I
                                                                   i
                                                                       2 %
                                                                           .   •
                                                                             ' -
                                                                ■ iI ■
ex 22*02          Lemonade , flavoured spa water's and fla
m                 voured aerated waters, and other non
                  alcoholic beverages , not including fruit
                  and vegetable juices falling' within hea
                  ding N° 20.07 , not containing milk or
                  milk fats and not containing ^ ugar ( 099 )          6 %
 ---pagebreak--- ANNEX II ---pagebreak---           COMMISSION .
             OF THE                                                                    Geneva
 UROPEAN COMMUNITIES
                                      Si r ,                                                                         j
                                                                                \
                                      I hav § the honour to refer to the Memo which the Permanent .
                                      Mission of Finland sent on 19 July 1977 to Mr LONG , Director-
                                      General of GATT , and to the request for negotiations on the .                                                    -
                                      basis of Article XXVIII ( 4 ) for the amendment of List XXIV -
                                      Finland , which is the subject of documents GATT Secret / 237 of
                                      21 July 1977 and GATT Secret / 237 Add . 1 of' 25 July 1977 .
                                      I should like to point out that ,, for certain products mentioned
                                   : in the documents referred to above , the European Economic Commu
                                      nity is the main supplier or initial negotiator .                                          In accordance
                                      with the agreement reached following the negotiation of the . con
                                      cessions incorporated into the Geneva Protocol ( 1967 ) to the
                            '         General Agreement , the main supplier , is to be considered as the
                                      in.itial negotiator of the concession .                          On the basis of Article
                                      XXVIII of the General Agreement , the European Economi c - Community
                                  • there-fore has initial negotiator 's rights as regards the binding
                                      by Finland of the customs duties on the products listed in the .
                                      annex to this          letter .                                    '
                                      These products are also subject to the trade arrangements laid
                                      down by Protocol - N° ^ 2 to the EEC-Finland Agreement of 5 Octo
                                      ber 1973 and appear in Table II of Protocol N° 2 .                                           If the present
                                    . conditions- governing the trade arrangements for these bound pro
                                      ducts were to be changed to the detriment of the Community , the
                          .■'• -.. - Finnish authorities would immediately enter into consultations
                                             - - -     .........                             ... v                      .....   .. –              • /- o ■ •
Provi^iofiol addresc : Rue oc In Loi 200 , B – 1 040 Brus se' s – Te le phone 35 0040-35 £0 4"0 – 1 oleg . opii ic ordres s " « COME UR Br is s e!s * –
                                                          lelcx : . COMEURBRU 21 877 ,
 ---pagebreak---                                                              Z .0
with the Community for the purpose of granting the Community
compensation    commensurate with its rights under Article XXVIII
of the GATT as at 1 January 1972 .
I should be grateful if you would confirm the agreement of your
Government with the content of this letter .
Please accept ,                        , the assurance of my
highest consideration .
 ---pagebreak---                                                                  Concession Rate
 ' Tariff Item *
        Number
                               Description of Products               of Duty
                                                                    1.1 . 1972     -
     18.06               Chocolate and other food prepara       P- 0,74 FM / kg .
                         tions containing cocoa
                                                      "       j
   • 19.01               Malt extracts                           p" 0,34 FM / kg
     19-05               Prepared foods obtained by the          P- 0,48 FM / kg
                         swelling or roasting of cereals -
                         or cereal products ( puffed rice ,
                         corn flakes and similar products )
     19.06             ^ Communion wafers , empty ,cachets       P. 0,65 FM / kg .
                         of a kind suitable for pharmaceu
                         tical use , sealing wafers , rice
                         paper and similar products        -
ex 19.07                 Bread , ships' biscuits and other
                         ordinary bakers' wares , not con
                         taining added sugar , honey , eggs ,
                         fats , cheese or fruit :
      /     II .    ^    ships' biscuits , crumbs and rusks      P- 0,19 FM / kg
ex 19.08                 Pastry , biscuits , cakes and other
                         fine bakers' wares , whether or not
                         containing cocoa in any proportion :
            I.    -      biscuits and wafers                     P- 1,20 FM / kg
            II .     -   rusks , cakes and Danish pastry         P- 1,27 FM / kg     ■'
     21.04               Sauces ; mixed condiments and         I
                                                               i
                         mixed seasonings :
                                                               I
           A-            preparations of tomatoes        ,       P- 0,58 FM / kg
         . B.            other                                   P- 1,08 FM / kg
                                                               j
ex 21.05        •        Soups and broths , in liquid , so    I
                          lid or powder form ; homogenized
                         composite food preparations :
           A.            soups and broths , in liquid , so      P- 1,08 FM / kg
                         lid or powder form
 ---pagebreak---                                                                               22
 ex 21.07          Food preparations not elsewhere
                   specified or included :
        B.         ixe   cream   :
   'I
         II .      other ( not containing fat )            p. 2,72 FM / kg
      . C.         ice cream powders "and table cream
                   powders and similar preparations :
                   - containing , as basic constituents , p. 0,74 FM / kg
                       20 per cent or more by weight of
                       fats , mi Ik or eggs
                   - other                                 D . 2-72
                                                           p.   2,72 FM
                                                                     FM // ka
                                                                           kg
        E.         fat emulsions and similar products
                   of a kind used for the manufacture
                   of bakers' wares :
         II .           containing less than 10 per cent
                      „ by weight of fats •                p 2,72 FM / kg
                                                           p.
        G.         other ( excluding sweet fat , coffee
                   pastes , ravioli / macaroni , spaghetti
                   and similar cocked preparations ) :
                     ( mixtures of chemicals and food
                       stuffs , to be mixed in food pre
                       parations as ingredients or as to
                       improve a given property )
         II ,          other ■:
                       - products for use as raw materials
                         in food processing industries :
                       – containing , as basic consti
                          tuents , 20 per cent or more by
                          weight of fats , milk or eggs       P-  1,63 FM / kg
                       – other                                P-  2,72 FM / Kg
                       - other                                P-  2,72 FM / kg
 ex 22.02          lemonade , flavoured spa waters and
                   flavoured aerated waters , and other
                   non-alcoholic beverages , not inclu
                   ding fruit and vegetable juices fal
                   ling within heading n° 20.07 :
                   - products containing mi lk or mi Ik        0,35 FM / litre
                       fats
                   - other    :
                   – containing sugar ( sucrose or             0,35 FM / litre
                        invert sugar )
Explanatory note : " P" before the concession rate of duty indicates that ,
                   upon customs clearance , the retail packaging is to be
                   included in the dutiable weight .
 ---pagebreak---   LETTER   N°    2
  Sir ,
  I have the honour ta acknowledge receipt of your letter , which reads
  as follows   :                                                 -
  "I have the honour to refer to the Memo which the Perinanent Mission
  of Finland
  I should be grateful if you would confirm the agreement of your Govern
  ment with the content of this letter ."
  I have the honour to confirm that my Government is in agreement with
. the contents of your letter .
  Please accept ,                       , the assurance of my highest con
  sideration .


title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an Agreement between the Malagasy Republic on the supply of food aid in the form of cereals. (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 161
Vol. 1975/0063
 ---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)161   final
                                                      Brussels , 17 April 1975
                  RECOMMENDATION FOR A COUNCIL DECISIONI
             on the conclusion of an Agreement "between the
  Malagasy Republic on the supply of food aid in the form of cereals .
              ( submitted to the Council "by the Commission)
 COM(75 ) 161 final
 ---pagebreak--- THE 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 !
Whereas the European 'Economic Community has - concluded the second Convention
 releting to food aid ( l )
                                                •  '               »-
Whereas the       Malagasy Republic has requested food aid ;
                           0
                                    9
Whereas in view of the cereal supply situation in the Malagasy Republic
that country should be accorded , by way of gift , 6 . 000 metric tons of
lontf ffrain    husked rice under the Community Pood Aid Programme for 1071 /7 ?.
DECIDES s
                                        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 the      Malagasy Republic for the supplv of Ion/* <*rain husked rice
as food aid .
                                        Article 2
The President of the Council is hereby authorized 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
   ( 1 ) O.J. L 219 of 9 . P. 1974 P.. 36
 ---pagebreak---              âSBEBEiâï
BSTdSSJ TiM EmOFW ECWCHålC CSZmUZS!?
&so mt UåiÆåm mswuQ di m supply
0? F0Q3 AE) m 9BS FCM QF CE2SMS,
 ---pagebreak--- THE COUGJCIL OF THE El .OPEA3ST COMMUNITIES ,
                                                       on th« one hand ,
TEE CK)VERM»IE2JT OP THE  MALAGASY REPUBLIC
                                                       on the other hand ,
                        s
HATE E1CIDED to conclude this- Agreement and t~- this- end he.ve designated
as their plenipotentiaries ?
Him COUNCIL OP THE EUROPEAN COMMUNITIES :
Tclx GOVSRffl'IBNT OP THE MALAGASY REPUBLIC
mo HAVE AGREED AS FOLLOWS :                              ■   •
                                                                    • • •/• • •
 ---pagebreak---                                 ARTICLE I
As a part of its Pood Aid Programme (Cereals ) for 1971- /72, the European '
Economic Community shall supply, by way of fcr.ft , the Malagasy
 Republic     , hereinafter referred to as th« "recipient country ", with
 6 000 metric tons of long grain husked rice .
                                ARTICLE II
Deliveries will be made m new -jute sacks with a net caoaoitv of SO 1cp- each.
cob Ocvwiunitv ports .
                                ARTICLE IÏI
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 Vf
The recipient country undertakes to make all necessary arrangements for the
transport and insurance of the product from ports of shipment to places of
destination .
It untertakes to exercise the greatest possible care to ensure that the
tendering arrangements for the transport by sea are not prejudicial to the
free play of fair competition . Any problems arising in this connection shall
be the subject of consultations under Article IX of the present Agreement .
                                 ARTICLE V
The recipient country undertakes to use the product received as aid for 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 .
 ---pagebreak--- The proceeds from this sale , less the cost of sea transport , insurance and the
normal ooat of Balling th« product on the recipient country * a market , will
be paid into a special account with the Malagasy Treasury and allocated to the
 financing of one or more development schemes which have already "been proposed by
the recipient country and approved by the European Economic Community.
                                   *
                                     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 inter
national 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 commercially from whatever source
between   1 July 1974      and    30 June 1975       a minimum quantity of  30 000
metric tons of cereals cr its equivalent in flour .
                                     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 flour of soft. "h«»at obtained locally     r>f +*»e
        same nature p.s» ordinary rice .
                                     ARÏIOLK VIII
The recipient country undertfJctfE to inform the European Economic Community how
this Agreement is being implemented . To this end it shall provide the Commission
of the European Communities with the following information :
 ---pagebreak--- (i )    Hot later than thirty days after the unloading of each cargo :
         ports arid dates of arrival of the vessel $ nature , quantity and
        quality of the products unloaded ; date on which unloading was
        completed !
                                                  r
(ii )   Every three' months until the quantities received as aid have been
        fully used ? 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
        usedS                                                         '
                               »
         ( a ) State of this account ( incomings and outgoings ) on 31 December
               of the preceding year ;
         (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 or1 a.iy questions concerning the implementation of this Agreement .
                                 .ARTICLE X
This Agreement is drawn up in duplioate in the Danish , Dutch , English , French ,
German and Italian languages , each of these texts being equally authentic .
                       $
 ---pagebreak---                                        - 1 -
                        ANNEX TO ARTICLE III OF THE AGREEMENT
                                      Article 1
Delivery shall be effected and risks shall pass from the European Economic
Community to the recipient country at -the moment at -which the goods have
been placed in the ship 's hold at the port of shipment .
The recipient country shall "bear all costs subsequent to delivery of the goods
including costs of stowage and , where appropriate , of trimming and bagging.
Any demurrage costs or dispatch at the port of shipment shall be a charge on
or for the benefit of the European Economic Community and shall be determined
before the vessel sails . The rates and detailed arrangements relating thereto
                               9
laid down in the contract 'between the recipient country and the carrier must
have been agreed upon in advance by the recipient country and the authorised
agent of the European Economic Community referred to in Article 9 «
                                     Article 2
The European Economic Community shall notify the recipient country 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
                                     ■■MWMMMMA
The. European Economic Community must be prepared to load the goods on the data
resulting from the instructions in Article 8 , whereon the vessel should be
ready for loading.
                                     Article 4
                                         «
On delivery of the goods , a loterance of 5 % less than the quantity to be
supplied in accordance with Article 1 of the Agreement is permitted .
                                                                       • • •/• • t
 ---pagebreak--- Cnce the goods are on "board the vessel , the European Eoononic Community shall
notify the recipient country of. the date of loading, and the quantity and
quality of the goods as recorded on-loading.
                                i.r-r:r -e 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
the goods shall be at the disposal of the European Economib 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 beoause of circumstances beyond the
control of the European Economic Community, the balanoe 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 hold at the expense , risk and peril of the recipient country.
                      t
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 dvie to begin or of its renunciation of this balance .
 ---pagebreak---                                - 3 -
 If this obligation ii not respected , the European Bsonocic Comsronixy may
consider that it has discharged its commitment to the recipient country under
Article 1 of the Agreement .
                              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 part or , where possible , 20 clear days prior
to this date , and shall at the same time indicate how soon after that date
the vessel will he ready for loading .
The rsoipient country' shall- insert in the charter party a clause requiring
                         «
the captain to inform the European Economic Community at least 12 hours in
advance of the vessel 's estimated date of arrival in porti
                              Article 9
To implement the provisions of this Annex, the European Economic Community
shall appoint an authorized agent , whose name and address shall "be made known
in good time to the recipient country .
                                                             t
                                              4
The recipient country shall nominate a receiving agent in each port of ship
ment , whose naxce and address shall' "be made known to the European Economic
Community before the Agreement is implemented *


title: Recommendation for a COUNCIL DECISION accepting on behalf of the Community an Annex to the International Convention on the simplification and harmonization of customs procedures (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 563
Vol. 1979/0196
 ---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), 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)563 final
                                                   Brussels / 23 October 1979
                                Recommendation for a
                                   COUNCIL DECISION
           accepting on behalf of the Community an Annex to the International
           Convention on the simplification and harmonization of customs pro
                                       cedures
                     ( submitted to the Council by the Commission )
                / if    <?- ■        V^\
                ^
               k4         «
                              #
                              A
                                      L.
                                      r'-
                                > Ά
C0MC79 ) 563 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
          The International Convention on the harmonization and simplification
of customs procedures ( Kyoto Convention ), drawn up within the Customs Coope
ration Council ( CCC ) and to which the Community is a contracting party ( 1 ),
provides for the preparation of a number of annexes , each of v/ hich has the
status of ^ convention and may be accepted separately .
          In the light of their purpose , which is to facilitate international
trade in goods , the various annexes , each of which deals with a particular
area of customs legislation , concern directly the customs union and indeed
the implementation of the Community 's commercial policy .       Annex B.3 ( 2 ), \
concerning reimportation in the same state , was adopted by the CCC in June
1978 .    The Community , as a contracting party to the Kyoto Convention , should
now determine its position in respect of the annex .                       ; >
          The annex has been examined in detail by the relevant Commission
departments and representatives of the Member States .
          Following this examination , it appears that there are only a few
differences between the Community provisions laid down by Council Regula
tion ( EEC ) No 754 / 76 of '25.3.1976 ( 3 ) and the standards and recommended
practices of the annex .      Accordingly , it seems possible to accept annex
B.3 with the following reservations
Standard 2
          Article 2 , paragraph 1 ( b ) of Council Regulation ( EEC ) No 754 / 76
of 25.3.1976 states that agricultural products which , at the time of their
exportation , gave visa to the granting of refunds or other amounts shall not
be considered to be returned goods , except where they fulfil certain condi
tions clearly laid down in the Regulation .
                                                                     ./.
( 1 ) Council Decision of 18 March 1975 ( JO n° L 100 of 21.4.1975 , p. 1 )
( 2 ) Numeration used by the CCC
 ( 3 ) 0J n° L 89 of 2.4.1976
 ---pagebreak---          This standard is therefore incompatible with provisions of Community
 law .
 Recommanded Practice 8
         This recommended practice provides that economic prohibitions and
 restrictions on importation should not be applied to goods reimported in
                                 ■ - .     . i
 the same state which were in free circulation when exported .   This provi
 sion is incompatible with Community law, in accordance with which certain
economic prohibitions and restrictions may , in certain circSmstances , apply
to goods originating in third countries .
             .    ■           ■■             t ;
Recommended Practice 11                          ^                     (
         This recommended practice provides that , where time limits are fixed
in national legislation beyond which reimportation in the same state will
not be granted , such limits should not be less than one year .    Community
 legislation lays down a limit of six months in respect of goods which , at
the time of their exportation from the customs territory' of the Community ,
were the subject os customs export formalities with a view to obtaining
refunds and other amounts granted on exportation within the framework of
the common agricultural policy , together with those which gave rise to the
levying of an export duty .
Recommended Practice 12
         Although the principle of the obligation to refund export duties and
taxes is not clearly stated in this recommended practice , the second commen'
tary to the recommended practice assumes acceptance of such a principle .
               ' ^  " • • • :
         Accordingly,o if the interpretation to be given to the recommended
practice is that resulting from the commentary , the former is unacceptable
for the Community . Article 5 , paragraph 2 of Council Regulation ( EEC )
No 754 / 76 of 25.3.1976 renders the refund of export duties for certain
agricultural goods conditional on the' existence of certain circumstances
defined in article 2 , paragraph 2 of the Regulation .
 ---pagebreak---                                 - 3 -
Recommended Practice 24
        This recommended practice provides that goods exported with notifi
cation of intended return should be granted conditional relief from any
export duties and taxes applicable .   Community agricultural provisions ,
however , provide for the levying of ( and not conditional relief from ) such
duties in respect of goods to be exported and liable to duty , under whatever
customs procedure they may leave the customs territory of the Community .
The recommanded practice is therefore incompatible with Community law .
CONCLUSION
        The Commission recommends that the Council , in accordance with arti -*
cle 113 of the Treaty , accept , subject to the reservations mentioned above ,
annex B.3 concerning reimportation in the same state to the Kyoto Convention .
                          (
 ---pagebreak---                                          Recommendation
                                          for a   •
                                     COUNCIL DECISION
                       accepting on behalf of the Community
                       an Annex to the International Convention
                       on the simplification and harmonization
                       of customs procedures
 THE " COUNCIL OF THE EUROPEAN COMMUNITIES
    Having regard to the Treaty establishing the European Economic Community ,
   and in particular Article 113 thereof ;
                ». ' •
                               I ■       ...                  ... 1              _          1 .         »
                                   •                , ■         i                    i'               ,
 - Having regard to the recommendation from the Commission ;
                                                I       ■ .               ■  ·'·
   Whereas , in accordance with . Council Decision 75 / 199 / EEC ( 1 )/
   the Community is a party to the International Convention on the simplificati
   and harmonization of customs procedures ;              '                                         '
   Whereas the Annex to the said Convention concerning reimportation in the
   same state can be accepted by the Community ;
   Whereas it is nevertheless advisable to make such acceptance subject to ~ v
, certain reservations in order to take account of the special requirements
    of the customs union ,             _
                                                            '       - • '          ,    . •     • •
   HAS DECIDED AS FOLLOWS :
   Article 1
   Annex B.3 concerning reimportation in the same state to the International
   Convention on the simplification and harmonization of customs procedures
   is hereby accepted on behalf of the Community,', with the exception of
   standard 2 and recommended practices 8 , 11 , 12 and 24 .
   The text of the said      Armex is annexed to , this Decision .          /
   ( 1 ) OJ No L 100 , 21.4.1975 , p.1
 ---pagebreak---                                - 2 -
Article 2
The Commission shall inform the General Secretariat of the Customs Coopera
tion Council of the acceptance by the Community , subject to the reservations
referred to in Article 1 , of the Annex concerning reimportation in the same
state .
                                            Done at Brussels ,
                                            For the Council ,
                                            The President ,


title: Recommendation for a COUNCIL DECISION authorizing the Commission to negotiate on behalf of the Community an agreement in the form of an exchange of letters amending certain zero-duty tariff quotas opened by the United Kingdom for 1981 in accordance with Protocol 1 of the Agreement between the European Economic Community and the Republic of Finland#Recommendation for a COUNCIL REGULATION concerning the conclusion of the Agreeement in the form of an exchange of letters amending certain zero-duty tariff quotas opened by the United Kingdom for 1981 in accordance with Protocol 1 of the Agreement between the European Economic Community and the Republic of Finland (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 206
Vol. 1981/0076
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(81)206 final
                                               Brussels , 30 April 1981
                                Recommendation for a
                                  COUNCIL DECISION
       authorizing the Commission to negotiate on behalf of the Community
       an agreement in the form of an exchange of letters amending certain
       zero-duty tariff quotas opened by the United Kingdom for 1981 in
       accordance with Protocol 1 of the Agreement between the European
       Economic Community and the Republic of Finland
                                Recommendation for a
                                 COUNCIL REGULATION
       concerning the conclusion of the Agreeement in the form of an
       exchange of letters amending certain zero-duty tariff quotas
      opened by the United Kingdom for 1981 in accordance with Protocol
       1 of the Agreement between the European Economic Community and
       the Republic of Finland
                                                      X «s >        /\
                                                     •\N             "À
                ( submitted to the Council by the Commission )        : v\
                                                 r                 v    T-\
                                                                             i
                                                  \v
                                                  \        ♦> v■         ' •/
                                                   \             -
C0MC81 ) 206 final                                    V- . •
 ---pagebreak---                                                                • Ccnn lob
                                                           £
                            ' Explanatory Momoriinauja
1 . Ar, in 1979 and I98O "the United Kingdom has requested that the. 1981 zero-duty tariff
      quota for coated printing and writing paper, including light weight .. .
       coated mechanical paper weighing less than ^5 gnis/m2 ( LWC), provided
      for in Protocol llo 1 of the Free Trade Agreement "between . the European .            " .
      Economic Community (EEC ) and Finland be increased. .
2 . The reasons . for this request are the following : ••
      - Since the conolusion of the     Agreement in 1973 the demand
         structure for paper product a imported from Finland has changed con
         siderably.
      - The demand for light weight coated paper' lias increased sharply since 1973°
      - There is no production of this type of paper in the United Kingdom
         and even though there has "been a considerable increase in imports
         of thin type' of paper, from mills within the CcEiataiity over the past years , United
         Kingdom converters are continuing to experience difficulties in obtaining adequate
          supplies in the present tight situation . Imports froi> the Member States continvsd
         to increase slightly in 1980 and from Finland the;- were somewhat lower . Nonethele .
         the zero-duty tariff quota covered only half the imports from Finland .
3 . The increase in the quotas for coated printing aad writing paper would
      be for 1981 and would be accomplished through a. temporary transfer of               :
      7*571 tons frcm tho underutilized quota for ex 43.01 C II (kraft paper
      for larf-e capacity sackc) to the quota cx 48 . 07 B ( coated printing and
      writing paper)*                                .
4. In. view -of .the present shortage of light weight coated paper /in the
      Community end the fact that the increase requested is limited to the
      year 198 1, this facilitation of imports to th- 'United Kingdom should
   . aot cause difficulties to the Cosnpunity paper industry. The increase
      of imports of LWC from other Member States into the Unit od _ Kingdoin
      in the course of tho lost yee.ra shows that imports from Finland have not
      hurt the penetration of the United Exngdoiv E -xrket by Coir.?! unity pro
    ' (hi'jery .                                                           •
 ---pagebreak---                    :        • -       ■ -
                                    " 2 •»»
                                                ■■■-          {<   -
                                                            1
  Ulxo tt*t      cLiv.i. ií      ox D.oí/uGj^íís "tho.*coic'fíí proposss "to ajnczid.
  •the United fcngdorri zero-duty tariff .quotas for coated printing and writing
  paper and Jcraft proper for Jarg'e capacity sacks contained in AXMOX A
 to Protocol ITc .1 of the above mentioned Free Trade Agreement .
 The r'irmich authorities havo expressed their agxesment vdth the proosdura
 envisaged . It ic proposed that Mr. Pierre Suchat eau signs on "behalf of
 the Coianiunity. The -Finnish Ambassador could sign on "behalf of his govern
 ment .
 If the Council agrees to the proposed temporary transfer from the zero-duty tariff
 quota ex 48 . CI C II to "oho zero–duty tariff quota ex 48.07 D the corresponding
quoti-/3 will havo to "be modified "by an exchange of letters . A draft regu
  lation to this end io attached .
 ---pagebreak---                           RE COMMENDATI ON FOR A
                            COUNCIL DECISION
authorizing the Commission to negotiate on behalf of the Community an
agreement in the form of an exchange of letters amending certain zero-
duty tariff quotas opened "by the United Kingdom for 1981 in accordance •
with Protocol 1 of the Agreement "between the European Economic Community
                       and the Republic of Finland
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 Agreement signed in Brussels    on 5 October 1973 "between
the European Economic Community and the Republic of Finland ( l )      -
Having regard to the recommendation from the Commission ;      '
                                                                   ;
Whereas certain zero-duty tariff quotas opened by the United Kingdom for 1931
in accordance with Protocol 1 of the aforementioned Agreement should be
amended
HAS DECIDED AS FOLLOWS :
                                   Sole Article
The Commission is hereby authorized to negotiate on behalf of . the Community
an agreement in the form of an exchange of letters amending certain zero-duty
tariff quotas opened by the United Kingdom for 1981 in accordance with Proto
col 1 of the Agreement between the European Economic Community and the
Republic of Finland .
( 1 ) OJ No L 328 . 28.11.1973 , P - 2
 ---pagebreak---                                 - 2 -
The Commission , assisted by representatives of the Member States , shall
conduct the negotiations in accordance with the annexed directives .
                                       Done at Brussels ,
                                            For the Council
                                             The President
 ---pagebreak---                                                               AHïTEX
        Directives for negotiation from the Council to the Commission
According to Protocol      . 1 of the . Agreement between the
European Economic Community and. the Republic of Finland signed ■ in Brussels on .
5 October 1973 ( l ) the United Kingdom has since 1 January 1974 opened , zero-duty
tariff quotas for coated printing and writing paper ( ex 48.07D ) as well
as for kraft paper for large capacity sacks ( ex 48-01 C II ). The permissible
maxima for these quotas were fixed on the basis of statistics for the period
I968-I97I .
Since 1974 the demand for light weight coated paper (LWC ) has increased' ,
significantly and there i's no production of this type of paper in the
United Kingdom and LWC is also in short supply in the Community.
Thus an increase in the quota for coated printing and writing paper .
( ex 48.07 D ) for 1981 should be. accomplished through a "temporary trans
fer of 7 571 t from the underutilized quota for kraft paper for large •
capacity sacks ( ex 48.01 C II) to "the former quota.
( 1 ) OJ Ko 1 328 , 28.11.1973 , P. 2
 ---pagebreak---                           RECOMMENDATION FOR A
                           COUNCIL REGULATION
 concerning the conclusion of "the Agreement m the form of an exchange of
 letters amending certain zero-duty tariff quotas opend by the United
 Kingdom for 1981 in accordance with Protocol 1 of the Agreement between
        the European Economic Community and the Republic of Finland
 THE COUNCIL OF THE EUROPEAN COIflfiJNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
 and in particular Article 113 thereof ,
Having regard to the Agreement between the European Economic Community
and the Republic of Finland ( l ), signed in Brussels on 5 October 1973 j
Having regard to the recommendation from the Commission ,
Whereas certain zero-d.uty tariff quotas opened by the United Kingd.ora for 1981
 in accordance with Protocol 1 of the Agreement should be amended and the
Agreement in the form of an exchange of letters negotiated to this effect
approved ,
HAS ADOPTED THIS REGULATION :
                                    Article 1
The Agreement in the form of an exchange of letters amending certain zero-duty
tariff quotas opened by the United Kingdom for 1981 in accordance with Protocol 1 of
the Agreement between the European Economic Community and the Republic of
Finland is hereby approved on behalf of the Community .
The text of the Agreement is armased hereto .
( 1 ) OJ No L 328 , 28.11.1973 , p. 2
 ---pagebreak---                                            . - 2 -
                             *        '
                                        Article 2
The Presidont of the Counoil is hero"by authorized to designate the person
empowered to sign tho Agreement , in order to "bind the Community.              ,   .
                                        Article 3                           " ,
This Regulation clhall enter into force on tho third , day following
   • its publication in the Official Journal of the European Communities . .
This Regulation ehall "be "binding in its entirety and direotly applicable
in all Member States . ^       • «                                                •
                                         •    , Lone at Brussels ,   ' . ">
              " '                                 For the Council  .
                   .. ' ' ''      ' ,                11
                                                   The President
 ---pagebreak---                                Letter Ho 1
Sir ,
In accordance with Protocol 1 of the Agreement between the European Economic
Community and the Republic of Finland signed in Brussels on 5 October 197 3 T
the United Kingdom has since 1 January 1974 opened tariff quotas for coated
printing and writing paper ( ex 48.07 D ) as well as for kraft paper for large
capacity sacks ( ex 48.01 C II ). The permissible maxima for these quotas were
fixed on the "basis of statistics available for the period 1968-1971 .
Within the quota for coated printing and writing paper the United Kingdom
has established a subquota for light weight coated mechanical paper weighing
less than 65 grammes per square meter ( LWC ).
During recent years the demand for LWC has increased significantly in the
United Kingdom and elsewhere . As in 1979 and 1980 the paper in question is
presently in short supply in the Community . In view of this continued shortage
it is 'therefore proposed that the permissible maximum for the quota which the
United Kingdom may open in 1981 for coated printing and writing paper be in
creased by 7 » 571 tons to a total of 29,074 tons , it being understood that the
increase will be confined to the subquota for LWC . By way of compensation the
permissible maxin -.m for the quota for kraft paper for large capacity sacks will
be reduced for 1981 by 7,571 tons to 46,041 tons . The quota for this type of
paper has been underutilized during recent years .
I should be grateful if you could confirm that your Government is in agreement
with the above .
Please accept , Sir , the assurance of my highest consideration .
                                       On behalf of the Council of the
                                           European Communities
                                              i
 ---pagebreak---                                  Letter No 2
   Sir .                              ^
  I h?ve the honour to acknowlegde receipt of yoir latior of today 's date        *
  which reads as follows :
                               '   '           .         .      '            *
•'In accordance with Protocol 1 of the Agreement "between the European Economic
  Community and the Republic of Finland signed in Brussels on 5 October 1973 »
  the United Kingdom has since 1 January 1974 opened tariff quotas for coated
  printing and writing paper ( ex 48.07 D ) as well as for kraft paper for large
  capacity sacks ( ex 48.01 C II ). The permissible ma^iua for these quotas were
  fixed on the "basis of statistics available for tae period 1968-1971 *
 Within the quota for coated printing and writing paper the United Kingdom
  has established a subquota for light weight coated mechanical paper weighing
  less than 65 grammes per square meter (LWC).
  During recent years the demand for LWC has increased significantly in the -
 United Kingdom and elsewhere . As in 1979 and I98O the paper in question is
  presently in short supply in the Community . In view of this continued shortage
  it is therefore proposed that the permissible maximum for the quota which the
 United Kingdom may open in 1981 for coated printing and writing paper be in
  creased by 7,571 tons to a total of 29,074 t 0313 * it being understood that the
  increase will be confined to the subquota for LWC . By way of compensation the
 permissible maximum for the quota for kraft paper for large capacity sacks will
 be reduced for I98I by 7,571 tons to 46,041 tons . The quota for this type of
                                                       I
  paper has been underutilized during recent years .
 I should be grateful if you could confirm that your Government is in agreement
 with the above ."
  I have the honour to confirm that my Government is in agreement with , the con
  tents of your letter .
  Please accept . Sir , the assurance of my highest consideration .
                                           For ti : Republic of Finland
 ---pagebreak---                                                          r
                                  Financial Fheet
TUG uiorcas :- by 7»571 "!■ OF the duty-free, quota would mean a reduction of
 171,583 UCE in Cucto:;io duties levied on light weight coated paper . It ia
•unlikely that the roveiuis from duties levied on kraft paper would increase
"because of the quota reduction , since these ' quotas were not . fully utilized in
 the paut .


RECOMMENDATION FOR COUNCIL DECISIONS ( EEC ) CONCLUDING THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE STATE OF ISRAEL CONCERNING THE IMPORT INTO THE COMMUNITY OF PRESERVED FRUIT SALADS ORIGINATING IN ISRAEL