title: Recommendation for a Council Decision on the position to be taken by the Community regarding an agreement concerning the monetary relations with the Vatican City

text:
         COMMISSION OF THE EUROPEAN COMMUNITIES
                                           Brussels,
                                           COM(1998) 789 final
                                           98/0365 (CNB)
                                           98/0366 (CNB)
                                           98/0367 (CNB)
                        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 Monaco
                        Recommendation for a
                        COUNCIL DECISION
on the position to be taken by the Community regarding an agreement
 concerning the monetary relations with the Republic of San Marino
                        Recommendation for a
                        COUNCIL DECISION
on the position to be taken by the Community regarding an agreement
       concerning the monetary relations with the Vatican City
                    (presented by the Commission)
 ---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 Monaco
                               EXPLANATORY MEMORANDUM
As from 1 January 1999, the Community will have the exclusive competence for
monetary and exchange rate matters in the Member States adopting the euro. Any
agreement with third countries concerning monetary or foreign exchange rate matters
needs to reflect this allocation of competence. Therefore, the Community must decide on
the future of such agreements which exist between Member States adopting the euro and
third countries.
For this purpose, the Commission is presenting a draft Council Decision which is
addressed to France and which defines the position to be taken in the negotiation of a
new agreement between the Community and the Principality of Monaco.
I. General considerations
France has particular monetary links with the Principality of Monaco, which are based on
different legal instruments1 and which ensure that banknotes and coins issued by France
have legal tender status in the Principality of Monaco. Coins issued by the Principality of
Monaco have legal tender status in the Principality of Monaco only. The Principality of
Monaco has neither an own currency nor a central bank.
Financial institutions located in the Principality of Monaco have access to the refinancing
facilities of the Banque de France, which they have not used in the past and to some
French payment systems under the same conditions as French banks. On the other hand
they are subject to the same minimum reserve and statistical reporting requirements as
French banks. Moreover, they are subject to the same conditions with regard to the
granting of a banking license and are supervised by the competent French authorities.
As from 1 January 1999, France will adopt the euro as its currency. In accordance with
the Treaty, the European System of Central Banks will define and implement the
 1
     Ordonnance monégasque fixant le cours légal et le cours forcé des monnaies et billets
     du 2 janvier 1925; Convention franco-monégasque relative au contrôle des changes, 14 avril 1945 ;
     Echange de lettres entre la France et Monaco du 18 mai 1963 relatif à la réglementation bancaire dans
     la Principauté, as amended by the Echange de lettres du 27 novembre 1987
                                                                                ls
 ---pagebreak--- monetary policy of the Community. Therefore a new agreement needs to be concluded
between the Community and the Principality of Monaco.
The draft Council decision determines the principles on which the negotiations with the
Principality of Monaco should be based. The Commission recommends that the
Community allows the Principality of Monaco to use the euro as its official currency and
to grant legal tender status to euro banknotes issued by the European System of Central
Banks and to euro coins issued by the Member States which have adopted the euro.
Moreover, financial institutions located in the Principality of Monaco may be granted
access to the payment systems offered by the ESCB under conditions to be determined by
the ECB.
On the other hand, the Principality of Monaco is expected to undertake not to issue any
banknotes, coins or monetary surrogates of any kind unless the conditions for such
issuance are agreed with the Community. Moreover, the Principality of Monaco is
expected to make Community rules on euro banknotes and coins applicable in the
Principality of Monaco and to cooperate closely with the Community with regard to
measures against counterfeiting of euro banknotes and coins.
The draft Council decision is based on Article 109 (3) of the Treaty, which stipulates that
"By way of derogation from Article 228, where agreements concerning monetary or
foreign exchange regime matters need to be negotiated by the Community with one or
more States or international organizations, the Council, acting by a qualified majority, on
a recommendation from the Commission and after consulting the ECB, shall decide the
arrangements for the negotiations and for the conclusion of such agreements."
Given the close historical links between France and the Principality of Monaco, the
Commission recommends that France negotiates and concludes the new agreement on
behalf of the Community. In accordance with Article 109 (3) of the Treaty, the
Commission will be fully associated with the negotiations. The Commission
recommends that the European Central Bank is fully associated with the negotiations in
 its fields of competence. The draft agreement will have to be submitted to the Economic
and Financial Committee for opinion. The draft agreement will have to be submitted to
the Council in the case that the Commission or the European Central Bank or the
 Economic and Financial Committee are of the opinion that this is necessary.
 II. Comments on the articles
 Article 1
 This article reflects the fact that the agreements between France and the Principality of
 Monaco in their present form are not compatible with the allocation of competence for
 monetary and exchange rate matters as laid down in the Treaty. The arrangements
 therefore need to be amended or replaced at the earliest possible date. France is requested
 to give notice to the Principality of Monaco with a view to amend the agreements at the
 earliest date which is possible under trie existing agreements.
                                                                                3
 ---pagebreak--- Article 2
Article 2 stipulates that the principles laid down in Articles 3 to 6 should form the basis
for the position to be taken by France on behalf of the Community in the negotiations
with the Principality of Monaco on an agreement concerning monetary matters.
Article 3
Article 3 stipulates that the Community may allow the Principality of Monaco to use the
euro as its official currency and to grant legal tender status to euro banknotes issued by
the European System of Central Banks and to euro coins issued by the Member States
which have adopted the euro. This would ensure that the Principality of Monaco and
France could continue to have the same currency, i.e. the euro, and that banknotes and
coins which have legal tender status in France, would have the same status in the
 Principality of Monaco.
 Article 4
 Article 4 stipulates that the Principality of Monaco is expected to undertake not to issue
 any banknotes, coins or monetary surrogates unless the issuance is expressly foreseen in
 the agreement. This applies not only to banknotes, coins or other monetary surrogates
 denominated in euro but to all kind of banknotes, coins and monetary surrogates
 independent of their denomination.
 Article 5
 The purpose of the first paragraph is to ensure that Community rules on euro banknotes
 and coins such as those on the enforcement of copyright, the exchange of damaged
  banknotes z?A the reproduction of banknotes and coins, are respected in the Principality
  of Monaco.
  The second paragraph stipulates that the Principality of Monaco is expected to undertake
  to co-operate closely with the Community in the protection euro banknotes and coins
  against counterfeiting. This concerns, inter alia, the exchange of technical and statistical
  data concerning counterfeited banknotes and coins and the exchange of operational and
  strategic information between the competent authorities.- The Principality of Monaco is
  expected to ensure adequate sanctions against counterfeiting and falsification of euro
  banknotes and coins.
  Article 6
  Article 6 stipulates that, the Community may allow financial institutions located in the
   Principality of Monaco to have access to some or all French national payment systems
  under conditions to be determined with the agreement of the European Central Bank.
  This provisions is not meant to allow the imposition of an obligation on the ESCB to
  grant access ?.o the ESCB payment systems. Such access can only be granted if the ECB
  agrees.
 ---pagebreak--- Article 7 and 8
Article 7 and 8 stipulate that France shall conduct the negotiations with the Principality
of Monaco and conclude the agreement on behalf of the Community. The Council makes
thereby use of it competence to define the arrangements for the negotiations and for the
conclusion of agreements concerning monetary or foreign exchange regime matters. In
accordance with Article 109 (3) of the Treaty, it is recalled that the Commission shall be
fully associated with the negotiations.
Given the relevance of most of the aspects of this agreement for the European Central
Bank, the European Central Bank shall be fully associated with the negotiations in its
fields of competence.
Before the conclusion of the agreement, France shall submit the draft agreement to the
Economic and Financial Committee for opinion. If the Commission or the European
Central Bank, which have been fully associated to the negotiations or the Economic and
Financial Committee are of the opinion that the agreement should be submitted to the
Council, the conclusion of the agreement has to wait for the Council to take a decision in
accordance with Article 109 (3) of the Treaty.
Article 9
Article 9 reflects the requirement that any persisting bilateral agreements between France
and the Principality of Monaco have to be compatible not only with the allocation of
competence for monetary and exchange rate matters as laid down in the Treaty, but also
with the new agreement between the Community and the Principality of Monaco
 concerning their monetary relations.
 Article 10
 This article clarifies that the decision is addressed to France. It will be effective as soon
 as it is notified to France.
                                                                                f
 ---pagebreak---                         Recommendation for a Council Decision [ ] of...
        on the position to be taken by the Community regarding an agreement
           concerning the monetary relations with the Principality of Monaco
                                                                                93/ 0365(CNB)
The Council of the European Union,
Having regard to the Treaty establishing the European Community, and in particular
Article 109 (3) thereof,
Having regard to the recommendation from the Commission,
Having regard to the opinion of the European Central Bank,
(1) Whereas according to Council regulation (EC) No 974/98 of 3 May 19981 the euro
    will be substituted as from 1 January 1999 for the currency of each participating
     Member State at the conversion rate;
(2) Whereas the Community will have the competence for monetary and exchange rate
     matters in the Member States adopting the euro as from the same date;
(3) Whereas the Council is to determine the arrangements for the negotiation and
     conclusion of agreements concerning monetary or foreign exchange regime matters;
(4) Whereas France has particular monetary links with the Principality of Monaco which
     are based on different legal instruments2; whereas financial institutions located in the
     Principality of Monaco have the potential right to access the refinancing facilities of
 1
    OJL 139, 11.5.1993, p.l
 2
    Ordonnance monégasque fixant le cours légal et le cours forcé des monnaies et billets
    du 2 janvier 1925; Convention franco-monégasque relative au contrôle des changes, 14 avril 1945 ;
    Echange de lettres entre la France et Monaco du 18 mai 1963 relatif à la réglementation bancaire dans
    la Principauté, as amended by the Echange de lettres du 27 novembre 1987
                                                                                G
 ---pagebreak---      the Banque de France and whereas they participate in some French payment systems
     under the same conditions as French banks;
(5) Whereas the euro will be substituted for the French Franc on 1 January 1999;
(6) Whereas according to declaration No 6 annexed to the final act of the Treaty on
     European Union, the Community undertakes to facilitate the renegotiations of
     existing arrangements with the Principality of Monaco as might become necessary as
     a result of the introduction of the single currency;
(7) Whereas the arrangements between France and the Principality of Monaco in their
     present form need to be amended or, as the case may be, replaced at the earliest
     possible date, taking into account the allocation of competence to the Community for
     monetary and exchange rate matters as laid down in the Treaty;
(8) Whereas given the close economic relations between the Principality of Monaco and
     the Community, it is appropriate that an agreement concerning banknotes and coins,
     the access to payment systems and the legal status of the euro in the Principality of
      Monaco is concluded between the Community and the Principality of Monaco;
      whereas given the historical links between France and the Principality of Monaco, it
      is appropriate that France negotiates and may conclude the new agreement on behalf
      of the Community;
(9) Whereas in order to allow the Principality of Monaco to have the same currency as
      France, it is appropriate to agree that the Principality of Monaco uses the euro as its
      official currency and grants legal tender status to euro banknotes and coins issued by
      the European System of Central Banks and the Member States which have adopted
      the euro;
 (10) Whereas it is important that the Principality of Monaco ensures that Community
      rules on banknotes and coins denominated in euro are applicable in the Principality
      of Monaco; whereas euro banknotes and coins need appropriate protection against
      counterfeiting; whereas it is important that the Principality of Monaco takes all the
      necessary measures to combat counterfeiting and to cooperate with the Community
      in this area;
 (11) Whereas the European Central Bank and the national central banks may engage in
      all types of banking transactions in relation to financial institutions located in third
      countries; whereas the European Central Bank and the national central banks may
       under appropriate conditions allow financial institutions in third countries access to
      their payment systems; whereas the agreement between the Community and the
                                                                                Ir
 ---pagebreak---       Principality of Monaco shall not impose any obligations on the European Central
      Bank or on any national central bank;
(12) Whereas the Commission and the European Central Bank in its fields of competence
      will have to be fully associated with these negotiations; whereas it is appropriate that
      France submits the draft agreement to the Economic and Financial Committee for its
      opinion; whereas the draft agreement will have to be submitted to the Council in the
      case that the Commission or the European Central Bank or the Economic and
      Financial Committee are of the opinion that this is necessary;
(13) Whereas existing agreements between France and the Principality of Monaco should
      be amended or, as the case may be, replaced so as to avoid any inconsistencies
      between such agreements and the agreement between the Community and the
      Principality of Monaco concerning their monetary relations;
HAS ADOPTED THIS DECISION:
                                           Article 1
France shall notify' the Principality of Monaco of the need to amend the existing
arrangements between France and the Principality of Monaco at the earliest possible date
 as far as monetary' matters are concerned and offer negotiations for a new agreement.
                                           Article 2
 The position to be taken by the Community in the negotiations with the Principality of
 Monaco for an agreement concerning matters referred to below shall be based on the
 principles laid down in Articles 3 to 6.
                                           Article 3
 (1) The Principality of Monaco shall be entitled to use the euro as its official currency.
 (2) The Principality of Monaco shall be entitled to grant legal tender status to euro
 banknotes and coins.
 ---pagebreak---                                           Article 4
The Principality of Monaco.shall undertake not to issue any banknotes, coins or monetary
surrogates of any kind unless the conditions for such issuance have been agreed with the
European Community.
                                          Article 5
(1) The Principality of Monaco shall undertake to make Community rules on euro
banknotes and coins applicable in the Principality of Monaco.
(2) The Principality of Monaco shall undertake to cooperate closely with the Community
with regard to measures against counterfeiting of euro banknotes and coins.
                                          Article 6
Financial institutions located in the Principality of Monaco may have access to some or
all French payment systems under appropriate conditions to be determined with the
agreement of the European Central Bank.
                                          Article 7
France shall conduct the negotiations with the Principality of Monaco on the above-
mentioned matters on behalf of the Community. The Commission shall be fully
associated with the negotiations. The European Central Bank shall be fully associated
with the negotiations in its fields of competence. France shall submit the draft agreement
to the Economic and Financial Committee for opinion.
                                          Article 8
France shall be entitled to conclude the agreement on behalf of the Community unless the
Commission or the European Central Bank or the Economic and Financial Committee
are of the opinion that the agreement should be submitted to the Council.
                                                                                3
 ---pagebreak---                                        Article 9
France and the Principality of Monaco shall review their existing arrangements in order
to make them compatible with the agreement between the Community and the
Principality of Monaco concerning their monetary relations.
                                      Article 10
This decision is addressed to France.
Done at Brussels,
                                                                    For the Council
                                                                    The President
                                                                                Ao
 ---pagebreak---                               Recommendation for a Council Decision
         on the position to be taken by the Community regarding an agreement
           concerning the monetary relations with the Republic of San Marino
                              EXPLANATORY MEMORANDUM
As from 1 January 1999, the Community will have the exclusive competence for
monetary and exchange rate matters in the Member States adopting the euro. Any
agreement with third countries concerning monetary or foreign exchange rate matters
needs to reflect this allocation of competence. Therefore, the Community must decide on
the future of such agreements which exist between Member States adopting the euro and
third countries.
For this purpose, the Commission is presenting a draft Council Decision which is
addressed to Italy and which defines the position to be taken in the negotiation of a new
agreement between the Community and the Republic of San Marino.
I. General considerations
Italy has concluded several agreements with the Republic of San Marino which include
provisions on monetary matters' and which ensure that banknotes and coins issued by
Italy have legal tender status in the Republic of San, Marino. Coins issued by the
Republic of San Marino, in a material other than gold, are identical in shape, dimension
and composition to those circulating in Italy. The issuing volume of these coins, which
have legal tender status in the Republic of San Marino and in Italy is limited by the
agreements. The Republic of San Marino has undertaken not to issue any other coins,
banknotes or monetary surrogates. The Republic of San Marino has neither an own
currency nor a central bank, even though the Istituto di Credito Sammarinese performs
some functions similar to those of a central bank.
 Financial institutions located in the Republic of San Marino do not have access to the
 refinancing facilities of the Banca d'Italia. On the other hand, one financial institution
 located in the Republic of San Marino has access to the Italian RTGS system. There is no
 formal relationship between the Banca d'Italia and the Istituto di Credito Sammarinese.
 1
      Convenzione di amicizia e di buon vicinato fra San Marino e L'ltalia del 31 marzo 1939, as amended,
     Convenzione monetaria tra la Repubblica Italiana e la Repubblica di San Marino, 21-X1I-1991;
     Convenzione in materia di rapporti finanziari e valutari tra la Repubblica Italiana e la Repubblica di
     San Marino con atto aggiuntivo corredato da Processo Verbale fïrmato a Roma il 4 marzo 1994.
                                                                                M
 ---pagebreak--- As from 1 January 1999, Italy will adopt the euro as its currency. In accordance with the
Treaty, the European System of Central Banks will define and implement the monetary
policy of the Community. Therefore a new agreement needs to be concluded between the
Community and the Republic of San Marino.
The draft Council decision determines the principles on which the negotiations with the
Republic of San Marino should be based. The Commission recommends that the
Community allows the Republic of San Marino to use the euro as its official currency
and to grant legal tender status to euro banknotes issued by the European System of
Central Banks and to euro coins issued by the Member States which have adopted the
euro. Moreover, financial institutions located in the Republic of San Marino may be
granted access to the payment systems offered by the ESCB under conditions to be
determined by the ECB.
On the other hand, the Republic of San Marino is expected to undertake not to issue any
banknotes, coins or monetary surrogates of any kind unless the conditions for such
issuance are agreed with the Community. Moreover, the Republic of San Marino is
expected to make Community rules on euro banknotes and coins applicable in the
Republic of San Marino and to cooperate closely with the Community with regard to
measures against counterfeiting of euro banknotes and coins. It is confirmed that Italy
may choose to issue coins with a specific symbol relating to the Republic of San Marino.
The draft Council decision is based on Article 109 (3) of the Treaty, which stipulates that
"By way of derogation from Article 228, where agreements concerning monetary or
foreign exchange regime matters need to be negotiated by the Community with one or
more States or international organizations, the Council, acting by a qualified majority, on
a recommendation from the Commission and after consulting the ECB, shall decide the
arrangements for the negotiations and for the conclusion of such agreements."
Given the close historical links between Italy and the Republic of San Marino, the
Commission recommends that Italy negotiates and concludes the new agreement on
behalf of the Community. In accordance with Article 109 (3) of the Treaty, the
Commission will be fully associated with the negotiations. The Commission
recommends that the European Central Bank is fully associated with the negotiations in
its fields of competence. The draft agreement will have to be submitted to the Economic
and Financial Committee for opinion. The draft agreement will have to be submitted to
the Economic and Financial Committee for opinion. The draft agreement will have to be
submitted to the Council in the case that the Commission or the European Central Bank
or the Economic and Financial Committee are of the opinion that this is necessary.
II. Comments on the articles
Article 1
This article reflects the fact that the agreements between Italy and the Republic of San
Marino in their present form are not compatible with the allocation of competence for
monetary and exchange rate matters as laid down in the Treaty. The arrangements
therefore need to be amended or replaced at the earliest possible date. Italy is requested to
                                                                                /Il
 ---pagebreak--- give notice to the Republic of San Marino with a view to amend the agreements at the
earliest date which is possible under the existing agreements.
Article 2
Article 2 stipulates that the principles laid down in Articles 3 to 6 should form the basis
for the position to be taken by Italy on behalf of the Community in the negotiations with
the Republic of San Marino on an agreement concerning monetary matters.
Article 3
Article 3 stipulates that the Community may allow the Republic of San Marino to use the
euro as its official currency and to grant legal tender status to euro banknotes issued by
the European System of Central Banks and to euro coins issued by the Member States
which have adopted the euro. This would ensure that the Republic of San Marino and
Italy could continue tc have the same currency, i.e. the euro, and that banknotes and coins
which have legal tender status in Italy, would have the same status in the Republic of San
Marino.
Article 4
Article 4 stipulates that the Republic of San Marino is expected to undertake not to issue
any banknotes, coins or monetary surrogates unless the issuance is expressly foreseen in
the agreement. This applies not only to banknotes, coins or other monetary surrogates
denominated in euro but to all kind of banknotes, coins and monetary surrogates
independent of their denomination.
Article 5
The purpose of the first paragraph is to ensure that Community rules on euro banknotes
and coins such as those on the enforcement of copyright, the exchange of damaged
banknotes and the reproduction of banknotes and coins, are respected in the Republic of
San Marino.
The second paragraph stipulates that the Republic of San Marino is expected to undertake
to co-operate closely with the Community in the protection euro banknotes and coins
against counterfeiting. This concerns, inter alia, the exchange of technical and statistical
data concerning counterfeited banknotes and coins and the exchange of operational and
 strategic information between the competent authorities. The Republic of San Marino is
expected to ensure adequate sanctions against counterfeiting and falsification of euro
 banknotes and coins.
 Article 6
                                                                                ^
 ---pagebreak---  Article 6 stipulates that the Community may allow financial institutions located in the
 Republic of San Marino to have access to the Italian national RTGS system2 under
 conditions to be determined by the European Central Bank. This provisions is not meant
 to allow the imposition of an obligation on the ESCB to grant access to the ESCB
 payment systems. Such access to the Italian national RTGS system can only be granted
  if the ECB agrees and under the conditions specified by the ECB.
  Article 7 and 8
  Article 7 and 8 stipulate that Italy shall conduct the negotiations with the Republic of San
  Marino and conclude the agreement on behalf of the Community. The Council makes
  thereby use of it competence to define the arrangements for the negotiations and for the
  conclusion of agreements concerning monetary or foreign exchange regime matters. In
  accordance with Article 109 (3) of the Treaty, it is recalled that the Commission shall be
  fully associated with the negotiations.
  Given the relevance of most of the aspects of this agreement for the European Central
  Bank, the European Central Bank shall be fully associated with the negotiations in its
  fields of competence.
   Before the conclusion of the agreement, Italy shall submit the draft agreement to the
   Economic and Financial Committee for opinion. If the Commission or the European
  Central Bank, which have been fully associated to the negotiations or the Economic and
  Financial Committee are of the opinion that the agreement should be submitted to the
  Council, the conclusion of the agreement has to wait for the Council to take a decision in
  accordance with Article 109 (3) of the Treaty.
  Article 9
  Article 9 reflects the requirement that any persisting bilateral agreements between Italy
  and the Republic of San Marino have to be compatible not only with the allocation of
  competence for monetary and exchange rate matters as laid down in the Treaty, but also
  with the new agreement between the Community and the Republic of San Marino
 concerning their monetary relations.
 Article 10
 This article clarifies that the decision is addressed to Italy. It will be effective as soon as
 it is notified to Italy.
2
   Real-Time Gross Settlement System
                                                                                /?y
 ---pagebreak---                       Recommendation for a Council Decision [ ] of...
         on the position to be taken by the Community regarding an agreement
          concerning the monetary relations with the Republic of San Marino
                                                                                9 8 / 0366(CNB)
The Council of the European Union,
Having regard to the Treaty establishing the European Community, and in particular
Article 109 (3) thereof,
Having regard to the recommendation from the Commission,
Having regard to the opinion of the European Central Bank,
(1) Whereas according to Council regulation (EC) No 974/98 of 3 May 19981 the euro
     will be substituted as from 1 January 1999 for the currency of each participating
     Member State at the conversion rate;
(2) Whereas the Community will have the competence for monetary and exchange rate
     matters in the Member States adopting the euro as from the same date;
(3) Whereas the Council is to determine the arrangements for the negotiation and
     conclusion of agreements concerning monetary or foreign exchange regime matters;
(4) Whereas Italy has concluded several agreements with the Republic of San Marino
     which include provisions on monetary matters2;
 (5) Whereas the euro will be substituted for the Italian Lira on 1 January 1999;
  1
     OJ L 139, 11.5.1998, p.l
     Convenzione di amicizia e di buon vicinato fra San Marino e PItalia del 31 marzo 1939, as amended,
     Convenzîcne monetaria tra la Repubblica Italians e la Repubblica ai San Marino, 21-XH-Î99Î;
     Convenzione in materia di rapport! ftnanziari e valutari tra la Repubblica Itaiiana e la Repubblica di
     San Marino con atto aggiuntivo corredato da Processo Verbale ilrmato a Roma ïl 4 marzo 1994.
                                                                                /i
 ---pagebreak--- (6) Whereas according to declaration No 6 annexed to the final act of the Treaty on
     European Union, the Community undertakes to facilitate the renegotiations of
     existing arrangements with the Republic of San Marino as might become necessary
     as a result of the introduction of the single currency;
(7) Whereas the agreements between Italy and the Republic of San Marino in their
     present form need to be amended or, as the case may be, replaced at the earliest
     possible date, taking into account the allocation of competence to the Community for
     monetary and exchange rate matters as laid down in the Treaty;
(8) Whereas given the close economic relations between the Republic of San Marino
     and the Community, it is appropriate that an agreement concerning banknotes and
     coins, the access to payment systems and the legal status of the euro in the Republic
     of San Marino is concluded between the Community and the Republic of San
     Marino; whereas given the historical links between Italy and the Republic of San
     Marino, it is appropriate that Italy negotiates and may conclude the new agreement
     on behalf of the Community;
 (9) Whereas in order to allow the Republic of San Marino to have the same currency as
     Italy, it is appropriate to agree that the Republic of San Marino uses the euro as its
     official currency and grants legal tender status to euro banknotes and coins issued by
     the European System of Central Banks and the Member States which have adopted
     the euro;
 (10) Whereas it is important that the Republic of San Marino ensures that Community
     rules on banknotes and coins denominated in euro are applicable in the Republic of
     San Marino; whereas euro banknotes and coins need appropriate protection against
     counterfeiting; whereas it is important that the Republic of San Marino takes all the
     necessary measures to combat counterfeiting and to cooperate with the Community
     in this area;
 (11) Whereas the European Central Bank and the national central banks may engage in all
      types of banking transactions in relation to financial institutions located in third
      countries; whereas the European Central Bank and the national central banks may
      under appropriate conditions allow financial institutions in third countries access to
      their payment systems; whereas the agreement between the Community and the
      Republic of San Marino shall not impose any obligations on the European Central
      Bank or on any national central bank;
 (12) Whereas the Commission and the European Central Bank in its fields of competence
      will have to be fully associated with these negotiations; whereas it is appropriate that
      Italy submits the draft agreement to the Economie and Financial Committee for its
                                                                                AG
 ---pagebreak---           opinion; whereas the draft agreement will have to be submitted to the Council in the
          case that the Commission or the European Central Bank or the Economic and
          Financial Committee are of the opinion that this is necessary;
     (13) Whereas existing agreements between Italy and the Republic of San Marino should
          be amended or, as the case may be, replaced so as to avoid any inconsistencies
          between such agreements and the agreement between the Community and the
          Republic of San Marino concerning their monetary relations;
   I
il
     HAS ADOPTED THIS DECISION:
                                              Article 1
     Italy shall notify the Republic of San Marino of the need to amend the existing
     agreements between Italy and the Republic of San Marino at the earliest possible date as
     far as monetary matters are concerned and offer negotiations for a new agreement.
                                              Article 2
     The position to be taken by the Community in the negotiations with the Republic of San
     Marino for an agreement concerning matters referred to below shall be based on the
     principles laid down in Articles 3 to 6.
                                              Article 3
      (1) The Republic of San Marino shall be entitled to use the euro as its official currency.
      (2) The Republic of San Marino shall be entitled to grant legal tender status to euro
      banknotes and coins.
                                                                                /
 ---pagebreak---                                          Article 4
The Republic of San Marino shall undertake not to issue any banknotes, coins or
monetary surrogates of any kind unless the conditions for such issuance have been agreed
with the European Community.
                                          Article 5
(1) The Republic of San Marino shall undertake to make Community rules on euro
banknotes and coins applicable in the Republic of San Marino.
(2) The Republic of San Marino shall undertake to cooperate closely with the
Community with regard to measures against counterfeiting of euro banknotes and coins.
                                          Article 6
Financial institutions located in the Republic of San Marino may have access to the
Italian national RTGS under appropriate conditions to be determined by the European
Central Bank.
                                          Article 7
Italy shall conduct the negotiations with the Republic of San Marino on the above-
mentioned matters on behalf of the Community. The Commission shall be fully
associated with the negotiations. The European Central Bank shall be fully associated
with the negotiations in its fields of competence. Italy shall submit the draft agreement to
the Economic and Financial Committee for opinion.
                                          Article 8
Italy shall be entitled to conclude the agreement on behalf of the Community unless the
Commission or the European Central Bank or the Economic and Financial Committee
are of the opinion that the agreement should be submitted to the Council.
                                                                                t
 ---pagebreak---                                      Article 9
Italy and the Republic of San Marino shall ensure that existing agreements are
compatible with the agreement between the Community and the Republic of San Marino
concerning their monetary relations.
                                     Article 10
This decision is addressed to Italy.
Done at Brussels,
                                                               For the Council
                                                               The President
                                                                                G
                                                                                /
 ---pagebreak---                            Recommendation for a Council Decision
         on the position to be taken by the Community regarding an agreement
                    concerning the monetary relations with Vatican City
                            EXPLANATORY MEMORANDUM
As from 1 January 1999, the Community will have the exclusive competence for
monetary and exchange rate matters in the Member States adopting the euro. Any
agreement with third countries concerning monetary or foreign exchange rate matters
needs to reflect this allocation of competence. Therefore, the Community must decide on
the future of such agreements which exist between Member States adopting the euro and
third countries.
For this purpose, the Commission is presenting a draft Council Decision which is
addressed to Italy and which defines the position to be taken in the negotiation of a new
agreement between the Community and Vatican City.
I. General considerations
Italy has particular monetary links with the Vatican City, which are based on a monetary
convention1 which ensures that coins issued by Italy have legal tender status in Vatican
City. Banknotes issued by the Banca dTtalia do not have the status of legal tender but
circulate de facto within the territory of Vatican City. Coins issued by Vatican City, in a
material other than gold, are identical in shape, dimension and composition to those
circulating in Italy. The issuing volume of these coins, which have legal tender status in
Vatican City and in Italy, is limited by the monetary convention. Vatican City has neither
an own currency nor a central bank,
Financial institutions located in Vatican City have neither access to the refinancing
facilities of the Banca d'ltalia nor to the Italian RTGS system. They are not subject to
any prudential supervision by Italian authorities.
As from 1 January 1999, Italy will adopt the euro as its currency. In accordance with the
Treaty, the European System of Central Banks will define and implement the monetary
policy of the Community. Therefore a new agreement needs to be concluded between the
 Community and Vatican City.
 1
     Convenzione monetaria tra la Repubblica Italiana e lo Stato délia Città del Vaticano il
     3 dicembre 1991
                                                                                &
 ---pagebreak--- The draft Council decision determines the principles on which the negotiations with
Vatican City should be based. The Commission recommends that the Community allows
Vatican City to use the euro as its official currency and to grant legal tender status to euro
banknotes issued by the European System of Central Banks and to euro coins issued by
the Member States which have adopted the euro. Moreover, financial institutions located
in Vatican City may be granted access to the payment systems offered by the ESCB
under conditions to be determined by the ECB.
On the other hand, Vatican City is expected to undertake not to issue any banknotes,
coins or monetary surrogates of any kind unless the conditions for such issuance are
agreed with the Community. Moreover, Vatican City is expected to make Community
rules on euro banknotes and coins applicable in Vatican City and to cooperate closely
with the Community with regard to measures against counterfeiting of euro banknotes
and coins. It is confirmed that Italy may choose to issue coins with a specific symbol
relating to Vatican City.
The draft Council decision is based on Article 109 (3) of the Treaty, which stipulates that
"By way of derogation from Article 228, where agreements concerning monetary or
foreign exchange regime matters need to be negotiated by the Community with one or
more States or international organizations, the Council, acting by a qualified majority, on
a recommendation from the Commission and after consulting the ECB, shall decide the
arrangements for the negotiations and for the conclusion of such agreements."
Given the close historical links between Italy and Vatican City, the Commission
recommends that Italy negotiates and concludes the new agreement on behalf of the
 Community. In accordance with Article 109 (3) of the Treaty, the Commission will be
 fully associated with the negotiations. The Commission recommends that the European
 Central Bank is associated with the negotiations in its fields of competence. The draft
 agreement will have to be submitted to the Economic and Financial Committee for
opinion. The draft agreement will have to be submitted to the Economic and Financial
 Committee for opinion. The draft agreement will have to be submitted to the Council in
the case that the Commission or the European Central Bank or the Economic and
 Financial Committee are of the opinion that this is necessary.
 II. Comments on the articles
 Article 1
 This article reflects the fact that the agreements between Italy and Vatican City in their
 present form are not compatible with the allocation of competence for monetary and
 exchange rate matters as laid down in the Treaty. The arrangements therefore need to be
  amended or replaced at the earliest possible date. Italy is requested to give notice to
  Vatican City with a view to amend the agreements at the earliest date which is possible
  under the existing agreements.
                                                                                u
 ---pagebreak--- Article 2
Article 2 stipulates that the principles laid down in Articles 3 to 6 should form the basis
for the position to be taken by Italy on behalf of the Community in the negotiations with
Vatican City on an agreement concerning monetary matters.
Article 3
Article 3 stipulates that the Community may allow Vatican City to use the euro as its
official currency and to grant legal tender status to euro banknotes issued by the
European System of Central Banks and to euro coins issued by the Member States which
have adopted the euro. This would ensure that Vatican City and Italy could continue to
have the same currency, i.e. the euro, and that banknotes and coins which have legal
tender status in Italy, would have the same status in Vatican City.
Article 4
Article 4 stipulates that Vatican City is expected to undertake not to issue any banknotes,
coins or monetary surrogates unless the issuance is expressly foreseen in the agreement.
This applies not only to banknotes, coins or other monetary surrogates denominated in
euro but to all kind of banknotes, coins and monetary surrogates independent of their
denomination.
Article 5
The purpose of the first paragraph is to ensure that Community rules on euro banknotes
 and coins such as those on the enforcement of copyright, the exchange of damaged
banknotes and the reproduction of banknotes and coins, are respected in Vatican City.
 The second paragraph stipulates that Vatican City is expected to undertake to co-operate
 closely with the Community in the protection euro banknotes and coins against
 counterfeiting. This concerns, inter alia, the exchange of technical and statistical data
 concerning counterfeited banknotes and coins and the exchange of operational and
 strategic information between the competent authorities. Vatican City is expected to
 ensure adequate sanctions against counterfeiting and falsification of euro banknotes and
 coins.
 Article 6
 Article 6 stipulates that the Community may allow financial institutions located in
 Vatican City to have access to the Italian national RTGS system2 under conditions to be
 determined by the European Central Bank. This provisions is not meant to allow the
 imposition of an obligation on the ESCB to grant access to the ESCB payment systems.
 2
   Real-Time Gross Settlement System
                                                                                It
 ---pagebreak--- Such access to the Italian national RTGS system can only be granted if the ECB agrees
and under the conditions specified by the ECB.
                                                                                I*
 ---pagebreak--- Article 7 and 8
Article 7 and 8 stipulate that Italy shall conduct the negotiations with Vatican City and
conclude the agreement on behalf of the Community. The Council makes thereby use of
it competence to define the arrangements for the negotiations and for the conclusion of
agreements concerning monetary or foreign exchange regime matters. In accordance with
Article 109 (3) of the Treaty, it is recalled that the Commission shall be fully associated
with the negotiations.
Given the relevance of most of the aspects of this agreement for the European Central
Bank, the European Central Bank shall be fully associated with the negotiations in its
fields of competence.
Before the conclusion of the agreement, Italy shall submit the draft agreement to the
Economic and Financial Committee for opinion. If the Commission or the European
Central Bank, which have been fully associated to the negotiations or the Economic and
Financial Committee are of the opinion that the agreement should be submitted to the
Council, the conclusion of the agreement has to wait for the Council to take a decision in
accordance with Article 109 (3) of the Treaty.
Article 9
Article 9 reflects the requirement that any persisting bilateral agreements between Italy
and Vatican City have to be compatible not only with the allocation of competence for
monetary and exchange rate matters as laid down in the Treaty, but also with the new
agreement between the Community and Vatican City concerning their monetary
relations.
Article 10
This article clarifies that the decision is addressed to Italy. It will be effective as soon as
 it is notified to Italy.
                                                                                1\
 ---pagebreak---                        Recommendation for a Council Decision [ ] of...
          on the position to be taken by the Community regarding an agreement
                     concerning the monetary relations with Vatican City
                                                                                9 8 / 0367(CNB)
The Council of the European Union,
Having regard to the Treaty establishing the European Community, and in particular
Article 109 (3) thereof,
Having regard to the recommendation from the Commission,
Having regard to the opinion of the European Central Bank,
(1) Whereas according to Council regulation (EC) No 974/98 of 3 May 19981 the euro
     will be substituted as from 1 January 1999 for the currency of each participating
     Member State at the conversion rate;
(2) Whereas the Community will have the competence for monetary and exchange rate
     matters in the Member States adopting the euro as from the same date;
(3) Whereas the Council is to determine the arrangements for the negotiation and
     conclusion of agreements concerning monetary or foreign exchange regime matters;
(4) Whereas Italy has concluded an agreement with Vatican City which includes
     provisions on monetary matters2;
(5) Whereas the euro will be substituted for the Italian Lira on 1 January 1999;
(6) Whereas according to declaration No 6 annexed to the final act of the Treaty on
     European Union, the Community undertakes to facilitate the renegotiations of
     existing arrangements with Vatican City as might become necessary as a result of the
      introduction of the single currency;
 1
     OJ L 139, 11.5.1998, p.l
 2
     Convenzione monetaria tra la Repubblica Italiana e lo Stato délia Città del Vaticano il
     3dicembre 1991.
                                                                                *V
 ---pagebreak--- (7) Whereas the agreement between Italy and Vatican City in its present form need to
     be amended or, as the case may be, replaced at the earliest possible date, taking into
     account the allocation of competence to the Community for monetary matters as laid
     down in the Treaty;
(8) Whereas given the close economic relations between Vatican City and the
     Community, it is appropriate that an agreement concerning banknotes and coins, the
     access to payment systems and the legal status of the euro in Vatican City is
     concluded between the Community and Vatican City; whereas given the historical
     links between Italy and Vatican City, it is appropriate that Italy negotiates and may
     conclude the new agreement on behalf of the Community;
(9) Whereas in order to allow Vatican City to have the same currency as Italy, it is
     appropriate to agree that Vatican City uses the euro as its official currency and grants
     legal tender status to euro banknotes and coins issued by the European System of
     Central Banks and the Member States which have adopted the euro;
 (10) Whereas it is important that Vatican City ensures that Community rules on
     banknotes and coins denominated in euro are applicable in Vatican City; whereas
     euro banknotes and coins need appropriate protection against counterfeiting; whereas
     it is important that Vatican City takes all the necessary measures to combat
     counterfeiting and to cooperate with the Community in this area;
 (11) Whereas the European Central Bank and the national central banks may engage in
     all types of banking transactions in relation to financial institutions located in third
     countries; whereas the European Central Bank and the national central banks may
     under appropriate conditions allow financial institutions in third countries access to
     their payment systems; whereas the agreement between the Community and Vatican
     City shall not impose any obligations on the European Central Bank or on any
     national central bank;
 (12) Whereas the Commission and the European Central Bank in its fields of competence
     will have to be fully associated with these negotiations; whereas it is appropriate that
      Italy submits the draft agreement to the Economic and Financial Committee for its
      opinion; whereas the draft agreement will have to be submitted to the Council in the
      case that the Commission or the European Central Bank or the Economic and
      Financial Committee are of the opinion that this is necessary;
 (13) Whereas the existing agreement between Italy and Vatican City should be amended
      or, as the case may be, replaced so as to avoid any inconsistencies between this
      agreement and the agreement between the Community and Vatican City concerning
      their monetary relations;
                                                                                K
 ---pagebreak--- HAS ADOPTED THIS DECISION:
                                          Article 1
Italy shall notify Vatican City of the need to amend the existing agreement between Italy
and Vatican City at the earliest possible date as far as monetary matters are concerned
and offer negotiations for a new agreement.
                                          Article 2
The position to be taken by the Community in the negotiations with Vatican City for an
agreement concerning matters referred to below shall be based on the principles laid
down in Articles 3 to 6.
                                          Article 3
(1) Vatican City shall be entitled to use the euro as its official currency.
(2) Vatican City shall be entitled to grant legal tender status to euro banknotes and coins.
                                          Article 4
Vatican City shall undertake not to issue any banknotes, coins or monetary surrogates of
any kind unless the conditions for such issuance have been agreed with the European
Community.
                                          Article 5
(1) Vatican City shall undertake to make Community rules on euro banknotes and coins
applicable in Vatican City.
(2) Vatican City shall undertake to cooperate closely with the Community with regard to
measures against counterfeiting of euro banknotes and coins.
                                                                                ft
 ---pagebreak---                                          Article 6
Financial institutions located in Vatican City may have access to the Italian national
RTGS under appropriate conditions to be determined by the European Central Bank.
                                         Article 7
Italy shall conduct the negotiations with Vatican City on the above-mentioned matters on
behalf of the. Community. The Commission shall be fully associated with the
negotiations. The European Central Bank shall be fully associated with the negotiations
in its fields of competence. Italy shall submit the draft agreement to the Economic and
Financial Committee for opinion.
                                         Article 8
Italy shall be entitled to conclude the agreement on behalf of the Community unless the
Commission or the European Central Bank or the Economic and Financial Committee
are of the opinion that the agreement should be submitted to the Council.
                                         Article 9
Italy and Vatican City shall ensure that any existing agreement is compatible with the
agreement between the Community and Vatican City concerning their monetary
relations.
                                         Article 10
This decision is addressed to Italy. *
Done at Brussels,
                                                                     For the Council
                                                                     The President
                                                                                11
 ---pagebreak---                                                                 ISSN 0254-1475
                                                           COM(98) 789 final
                                             DOCUMENTS
EN                                                           09 10 11 06
                                    Catalogue number : CB-CO-98-789-EN-C
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                                                               Û


title: RECOMMENDATION FOR A COUNCIL DECISION ON THE CONCLUSION OF A PROTOCOL TO THE AGREEMENT ESTABLISHING AN ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF MALTA CONSEQUENT ON THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC TO THE COMMUNITY

text:
No C 294/6                               Official Journal of the European Communities                                      18. 11. 88
      its actual expenditure, while observing the                               laid down in Article 21, of an adjustment of the
      maximum eligible amounts laid down in the first                           programme referred to in Article 1 (4) alter the
      subparagraph:                                                             limits set in the first subparagraph of paragraph 2,
      — 70 % for the work referred to in Article 4.                             but without exceeding the estimated cost specified
           However, this amount may not exceed 60 %                             in Article 16 (3).
           of the total cost of the investment,
      — 70 % for the measures and work referred to                                                  Article 2
           in Articles 10 (1) and 14 (1),
                                                                        This Regulation shall enter into force on the third day
      — 60 % for the work and measures referred to                      following its publication in the Official Journal of the
           in Articles 6, 8 and 12(1).'                                 European Communities.
  (b) Paragraph 2a is replaced by the following;:
      '2a.     The Commission may on the occasion of                    This Regulation shall be binding in its entirety and
      the approval, in accordance with the procedure                    directly applicable in all Member States.
              Recommendation for a Council Decision on the conclusion of a Protocol to the Agreement
             establishing an Association between the European Economic Community and the Republic of
              Malta consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the
                                                              Community
                                                         COM(88) 582 final
                                     (Submitted by the Commission on 20 October 1988)
                                                            (88/C 294/06)
             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 to the Association Agreement between the European Economic
             Community and the Republic of Malta (2) signed at La Valetta on 5 December 1970 should be
              approved, in order to take into account the accession of the Kingdom of Spain and the
             Portuguese Republic to the Community,
             HAS DECIDED AS FOLLOWS:
                                                                Article 1
             The Protocol to the Association Agreement between the European Economic Community and
             the Republic of Malta consequent on the accession of the Kingdom of Spain and the
             Portuguese Republic to the Community is hereby approved on behalf of the Community.
             The text of the Protocol is attached to this Decision.
             (') Opinion published in the Official Journal of the European Communities.
             (2) OJ No L 61, 14. 3. 1971, p. 1.
 ---pagebreak--- 18. 11. 88                             Official Journal of the European Communities                                   No C 294/7
                                                             Article 2
             The President of the Council shall give the notification provided for in Article 26 of the
             Protocol (x).
                                                             Article 3
             This Decision shall take effect on the day following its publication in the Official Journal of the
             European Communities.
             (') The Protocol and the date of entry into force will be published in the Official Journal of the European
                 Communities by the General Secretariat of the Council.
             Amended proposal for a Council Decision to adopt a first multiannual programme (1988 to
             1993) for biotechnology-based agro-industrial research and technology development (L) —
                  'Eclair' (European collaborative linkage of agriculture and industry through research)
                                               COM(88) 602 final — SYN 113
             (Submitted by the Commission pursuant to Article 149 (3) of the EEC Treaty on 28 October 1988)
                                                         (88/C 294/07)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas the abovementioned Decision 87/516/Euratom,
                                                                      EEC stipulates that a specific objective of Community
Having regard to the Treaty establishing the European
                                                                      research must be to strengthen the scientific and techno-
Economic Community, and in particular Article
                                                                      logical basis of European industry, particularly in
130Q (2) thereof,
                                                                      strategic sectors of advanced technology, and to
                                                                      encourage industry by making it more competitive at the
                                                                      international level; whereas the same Decision also lays
Having regard to the proposal from the Commission,                    down that Community action is justified if it contributes,
                                                                      among other things, to enhancing the Community's
                                                                      economic and social cohesion and to encouraging its
                                                                      overall harmonious development, while at the same time
In cooperation with the European Parliament,                          being consistent with the pursuit of scientific and
                                                                      technical excellence; whereas the Eclair programme is
                                                                      intended to contribute to the pursuit of these objectives;
Having regard to the opinion of the Economic and
Social Committee,
                                                                      Whereas the specialized skills and capabilities relevant to
Whereas Article 130K of the Treaty stipulates that the                agro-industrial development are numerous, and Europe's
framework programme shall be implemented through                      most internationally competitive capabilities are located
specific programmes developed within each of its ac-                  in diverse Member States, mutual benefit shall be derived
tivities;                                                             from collaboration in a Community programme;
Whereas by Decision 87/516/Euratom, EEC of 28
September 1987 the Council has adopted a framework                    Whereas the European Parliament, in its assessment of
programme of Community research, and technological                    the potential for 'biotechnology in the European farming
development (1987 to 1991) (2), providing for activities              industry' (3) and of 'biotechnology in Europe and the
to be implemented to ensure the exploitation and                      need for an integrated policy' (4), has emphasized that it
optimum use of biological resources;                                  must be used to promote an agricultural policy
(«) OJ No C 62, 5. 3. 1988, p. 7.                                     O OJ No C 76, 23. 3. 1987, p. 22.
(2) OJ No L 302, 24. 10. 1987, p. 1.                                  (4) OJ No C 76, 23. 3. 1987, p. 25.


title: Recommendation for a COUNCIL DECISION authorising 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 (presented by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 159
Vol. 1988/0047
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    COM(88 ) 159 final
                                          &    fcfl
                               /V              HJ
                                       c-* ^ ^îy    Brussels / 18 April 1988
                                       4Ì
                            Recommendation for a
                              COUNCIL DECISION
 authorising 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
                      ( presented by the Commission )
 ---pagebreak---                              Exolanatorv mémorandum
Since the early 1980 's , consultations between the Commission and the United
States of America government agency responsible for the control and
enforcement of certain areas of Federal Legislation ( Bureau of Alcohol ,
Tobacco and Firearms ) have led to cooperation In the Wine sector . In 1983 ,
the Community and the US participated In scientific meetings , and this
ongoing cooperation helped expand the technical knowledge on oenologlcal
processes and encouraged the US to participate In the work of the
International Office of Vine and Wine ( OIV ) In 1984 . In September 1984 , the
BATF published revisions to Its regulations deleting a large number of
substances whose use had hitherto been permitted In the manufacture of wine
and revised the nomenclature employed to make Identification easier . In
November 1983 , the BATF began the legal process to ensure that geographic
names referring to Community wine-growing areas were no longer used as
generic names unless such use was traditional . This process continues . The
Community , for Its part , provided for specific derogations from regulations
governing oenologlcal processes for wines Imported from the US . These
temporary derogations are permitted until 26 July 1988 .
In a   letter of 13 February 1986 from the BATF to the Commission ,       the US
requested that   the temporary derogations provided for , be either granted
permanently or extended for a five year period , from July 1988 .
In light of the benefits that would ensue from further cooperation between
the Community and the US In the wine sector , an agreement is proposed which
would cover the following areas :
1 . Oenologlcal Processes
    The revisions made In the regulations In the United States on the
    nomenclature of oenologlcal processes mentioned above also witnessed the
    prohibition of a number of these processes and greater regulation and
    control In this field . There remain , however , a number of these processes
    which continue to be permitted within the United States but which are
    prohibited within the Community .
    Following extensive discussions within the Council working group on Wine ,
    the Commission recommends that extensions be made to the derogations
    requested by the US .
2 . Import documentation
    Community legislation demands that US wines imported Into the Community
    are accompanied by documents certifying to the provisions of the country
    of origin and giving certain analytical Information . Temporary provision
    has been made that producers approved by the US authorities establish
    these documents themselves . The US authorities have requested that this
    temporary provision be granted for a further period .
    The Commission recommends that this extension be granted to the US .
 ---pagebreak---                                         - 3 -
5 . Protection of geographic names used to designate wines-
    The Community attaches great Importance to the controlled and regulated
    use of geographic names to designate wines . The US has begun to take
    steps to define Its wines through the use of geographic designation ,
    nevertheless , certain wines , known In the US as " generics ", continue to
    employ the terms brought over to the US when wine production was
    Introduced by European settlers .
    It Is In the Community 's Interest to control and protect , where possible ,
    Its wines bearing a geographical ascription , not only within the
    Community , but also In third country markets . The US Is the Community 's
    largest export market and a significant producer and exporter Itself .
    Control and protection of certain Community geographic ascriptions within
    the US would bring Immediate economic benefits , by Inter alia , educating
    the consumer so that he may discern more precisely between products , and
    would help the momentum for            further  protection  of   geographical
    designations In the years ahead .
    The Commission considers that the negotiations should aim at specific
    commitments should be made by the US with regard to the control and
    protection of geographical names referring to Community wine-growing
    areas .
6 . Harmonising rules on Wine Labelling
    Cooperation between the US and the Community with a view to harmonising
    rules on wine labelling could facilitate trade between the Community and
    the US , assure that consumers receive objective , clear and comparable
    Information about the wine they purchase , minimise or eliminate confusion
    among producers and distributors arising from divergent regulatory
    provisions and help reduce international marketing costs associated with
    preparing special labels and maintaining separate Inventories for domestic
    and export markets .
7 . Coopération agalnst Fraud
    The  Commission   has   submitted a   proposal to  the Council  on  rules on
    controls In the wine sector ^ 1 ). Following the establishment of such a
    structure , the Commission and BATF will enter     Into consultations with a
    view to further cooperation on the prevention of fraud In the wine sector .
For these reasons the Commission recommends that          the Council  adopt  the
Directive , the draft of which Is attached hereto .
(1)     OJ N' C 24 , 29.1 . 88 , p. 8
 ---pagebreak---                                      - 4
                             Recommendation for a
                               CQUNCLL   DECISION
                   authorising 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 .
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 of the Commission ,
Whereas It Is In the Interest of the European Economic Community to promote
trade In wine between the Community and the US , and to extend the protection
of Community wines bearing a geographical ascription ; whereas It is In the
Community 's Interest to Increase cooperation between the EC and the US on the
repression of fraud .
HAS DECIDED AS FOLLOWS :
 ---pagebreak---                                       5
                                Sol a Article
The Commission Is hereby authorised to enter Into negotiations with the
United States of America with a view to concluding an Agreement on
cooperation   In   the Wine sector . The Commission shall        conduct   the
negotiations  In consultation with   the Special  Committee provided   for  In
Article 113 of the Treaty and In Accordance with the directives contained In
the Annex to this Decision .
Done at Brussels ,                             For the Counc I I
                                               The President
 ---pagebreak---                                                                         ANNEX
                             Negotiating Direct Ivea
The negotiations shall aim at achieving an agreement whereby :
1 .    The United States of America undertakes to control and protect certain
       geographic names referring to Community wine growing areas .
2.     The European Economic Community undertakes          to grant     certain
       derogations , to wines originating In the US Imported Into the
       Community    for  direct human consumption ,    from the regulations
       stipulating the oenologlcal processes and to extend the temporary
       provision governing the establishment of VI 1 forms for a further
       per lod .
3.     The United States of America and the European Economic Community
       undertake to cooperate further on the harmonisation of rules on wine
        labelling and on cooperation against fraud In the wine sector .
 ---pagebreak---                                                         Ύ
                         FICHE D' IMPACT SUR LA COMPETITIVITE ET L' EMPLOI
    I. Quelle est la justification principale de la mesure ?
        lo promote trade in wine between the Community and US value of EC exports to US in 1986 :      896 Mio ECU
                                                                  value of US exports to EC in 1986 :     7 Mio ECU
  II . Caractéristiques des entreprises concernées
         En parti culier : Wine producers , cooperatives and traders .
        - Y a - t-i l un grand nombre de PME ?             Yes . Industry mixed including small and large
        - note - t - on des concentrations dans des régions
            - éligibles aux aides régionales des E.M. ? wine produced in ail Mediterranean countnes
            - eligibles au Feder ?                       + Luxemburg and Germany . Wine also traded from U.K.
III . Quelles sont les obligations imposées directement aux entreprises ?
         No specific obligations ^. The main aim of the mandate is to grant derogations from wine
         production processes^in the Community and to protect the geographic names of Community
         produce in the US .
 IV . Quelles sont les obligations susceptibles d' être imposées indirectement
       aux entreprises via les autorités locales ?
                             Not applicable
  V. Y a - t - il des mesures spéciales pour les PME ?
       - Lesquelles ?
      The prospective harmonisation of rules on wine labelling between the Commnity and US will
      minimise or eliminate confusion among producers and distributors arising from differing regulatory
      provisions an$i help . reduce costs . associated with special labelling and separate inventories for domes-
 VI . làuel est l effet prévisible Ï                     tic and export markets .
       - sur la compet i t i vi te des entreprises ? Overhead costs associated with separate inventories
                or excessive paperwork will be reduced . This will favour the smaller enterprises .
      - sur l' emploi ?           None
VII . Les partenaires sociaux ont -ils été consultés ?
      - avis des partenaires sociaux
      The current and prospective agreement with the US was addressed in the framework of the Advisory
      Committee for Wine which include offical representatives of producers , cooperatives , traders and
      consumers . The primary concern is that maximum protection possible be granted to Community
      geographic ascriptions of wine in the US .


RECOMMENDATION FOR A COUNCIL DECISION ON THE CONCLUSION OF THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE GOVERNMENT OF THE GERMAN DEMOCRATIC REPUBLIC ON TRADE IN SHEEPMEAT AND GOATMEAT


RECOMMENDATION FOR A COUNCIL DECISION CONCERNING THE CONCLUSION OF A PROTOCOL TO THE COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA CONSEQUENT ON THE ACCESSION OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC TO THE COMMUNITY


               EUROPEAN COMMISSION
            Brussels, 13.5.2015
            COM(2015) 244 final
            Recommendation for a
            COUNCIL DECISION
            establishing that no effective action has been taken by the United Kingdom in response to the Council Recommendation of 2 December 2009
            {SWD(2015) 112 final}

               Recommendation for a

               COUNCIL DECISION

               establishing that no effective action has been taken by the United Kingdom in response to the Council Recommendation of 2 December 2009

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 126(8) thereof,

               Having regard to the recommendation from the European Commission,

               Whereas:

               (1)According to Article 126 of the Treaty on the Functioning of the European Union (TFEU) Member States shall avoid excessive government deficits.

               (2)Pursuant to paragraph 4 of the Protocol (No. 15) on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland, the obligation in Article 126(1) of the TFEU to avoid excessive general government deficits does not apply to the UK unless it adopts the euro. Paragraph 5 of the Protocol provides that the UK is to endeavour to avoid an excessive government deficit.

               (3)The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation. The Stability and Growth Pact includes Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure
                  1
               , which was adopted in order to further the prompt correction of excessive general government deficits.

               (4)On 8 July 2008 the Council decided, in accordance with Article 104(6) of the Treaty establishing the European Community (TEC), that an excessive deficit existed in the United Kingdom and issued recommendations to the country to endeavour to correct the excessive deficit by financial year 2009-10 at the latest, in accordance with Article 104(7) TEC and Article 3 of Council Regulation (EC) No 1467/97. The Council also set a deadline of 8 January 2009 for effective action to be taken
                  2
               .

               (5)In accordance with the provisions of Article 104(8) TEC, the Council decided on 27 April 2009 that the United Kingdom had not taken effective action in response to the Council recommendation of 8 July 2008.

               (6)Recognising that the United Kingdom's budgetary position in 2009-10 resulted from the implementation of measures amounting to around 1½% of GDP, which were an appropriate response to the European Economic Recovery Plan, and the free play of automatic stabilisers, as adopted on 2 December 2009, the Council issued revised recommendations under Article 126(7) TFEU to the UK, recommending that the UK should put an end to the excessive deficit situation by 2014-15. Specifically, in order to bring the general government below 3% of GDP in a credible and sustainable manner, the United Kingdom was recommended to: (a) implement the fiscal measures in 2009-10 as planned in the 2009 Budget, avoiding further measures contributing to the deterioration of public finances, and start consolidation in 2010-11 in order to bring the deficit below the reference value by 2014-15; (b) ensure an average annual fiscal effort of 1¾% of GDP between 2010-11 and 2014-15, which should also contribute to bringing the government gross debt ratio back on a declining path that approaches the reference value at a satisfactory pace by restoring an adequate level of the primary surplus; (c) further specify the additional measures that are necessary to achieve the correction of the excessive deficit by 2014-15, cyclical conditions permitting, and accelerate the reduction of the deficit if economic or budgetary conditions turn out better than currently expected. In its recommendations, the Council established a deadline of 2 June 2010 for effective action to be taken in line with the provisions of Article 3(4) of Regulation (EC) No 1467/97.

               (7)On 6 July 2010, the Commission concluded that based on the Commission 2010 spring forecast, the United Kingdom had taken effective action in compliance with the Council recommendation of 2 December 2009 and considered that no additional step in the excessive deficit procedure was therefore necessary at that point in time.

               (8)A new assessment of the action taken by the United Kingdom to correct the excessive deficit by 2014-15 in response to the Council recommendation under Article 126(7) TFEU, leads to the following conclusions:

               –The UK experienced a large fall in real GDP growth as a result of the global economic and financial crisis in 2008-09 that also affected public finances. The general government deficit jumped to 10.9% of GDP in 2009-10. This was largely brought about by a drop in revenues and higher social security expenditure due to the contraction in economic activity, and stimulus measures announced by the government for 2009-10. The implemented consolidation plan, which focussed mainly on spending cuts, put the deficit on a downward trajectory.

               –In 2010-11, the general government deficit was 9.1% of GDP. The implemented measures that year stem from the 2009 pre-budget report announced in December, the March budget and a second emergency budget in June following the general election. A Spending Review was also published in October 2010. Overall, measures were generally back-loaded and focussed on spending cuts over taxation increases. Over the period to 2014-15, the March budgets, Autumn Statements and Spending Round did not change the original consolidation plans considerably. The programme, that was implemented over five years, focussed on considerable cuts to departmental spending, along with pay freezes and cuts to welfare spending. Overall, the main taxation measures announced were an increase in the standard VAT rate, the introduction of and increases in the bank levy, higher social insurance contributions, cuts to the corporate tax rate, increases in the personal income tax allowance, duty rate cuts and tax avoidance measures. From 2012-13, the deficit figures also benefit from the dividend transfers from the Bank of England via the Asset Purchase Facility. Resulting from the implementation of the consolidation plans, the nominal deficit fell each year to 7.7% of GDP in 2011-12, to 7.6% of GDP in 2012-13, to 5.9% of GDP in 2013-14 and to 5.2% of GDP in 2014-15. The structural deficit was 7.0% of GDP in 2010-11, 5.9% of GDP in both 2011-12 and 2012-13, 4.6% of GDP in 2013-14 and 4.7% of GDP in 2014-15.

               –The average structural effort amounted to 0.7% of GDP between 2010-11 and 2014-15. When adjusted for the impact of revisions in potential output growth between the current forecast and that underlying the Council recommendations of 2 December 2009, as well as for the impact of revenue developments as compared to standard elasticities to GDP growth, the average annual adjusted structural effort over the period is estimated at 1.1% of GDP, below the 1¾% annual average fiscal effort recommended by the Council.

               –The estimated cumulative size of the discretionary consolidation measures set out between the Pre-budget report 2009 and the Autumn Statement 2014 amounts to approximately 3.5% of GDP between 2010-11 and 2014-15.

               –General government gross debt continued to increase over the EDP period reaching 88.4% of GDP in 2014-15. This worsening of the debt rate was mainly driven by the headline deficit but also financial sector interventions.

               (9)This leads to the conclusion that, despite the fiscal consolidation programme set out and being implemented, the United Kingdom did not put an end to its excessive deficit by 2014-15. Furthermore, the United Kingdom did not adhere to the average fiscal effort of 1¾% recommended by the Council on 2 December 2009. Overall, the response by the United Kingdom to the Council recommendation according to Article 126(7) TFEU of 2 December 2009 has not been sufficient,

               HAS ADOPTED THIS DECISION:

               Article 1

               The United Kingdom has not taken effective action in response to the Council recommendation according to Article 126(7) TFEU of 2 December 2009.

               Article 2

               This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

               Done at Brussels,

                     For the Council

                     The President

                     (1)
                  OJ L 209, 2.8.1997, p. 6.

                     (2)
                  All documents related to the excessive deficit procedure of the United Kingdom can be found at:

                     http://ec.europa.eu/economy_finance/economic_governance/sgp/deficit/countries/uk_en.htm


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

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 191
Vol. 1975/0070
 ---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)191 final
                                                    Brussels . 30 April 1975
                         RECOMMENDATION FOR A
                          COUNCIL DECISION
             on the conclusion of an agreement "between the
                 European Economic Community and the
    Catholic Relief Services for the supply of cereals as food aid
             (submitted to the Council by the Commission)
 COM(75) 191 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 228 thereof }
 Having regard to the Recommendation from the Commission ;
 Whereas the European Economic Community has concluded the second food aid
 Convention ( l ),
 Whereas the Catholic Relief Service has provided information about the needs ,
 in cereals , of vulnerable groups of persons in Chile ; it is . recommended to
 accord this organisation , by way of gift , 11,952 metric tons of cereals in
the form of T * 915 metric tons of soft wheat flour under the Community 's
 food aid programme for 1972/73 •
DECIDES :
                                                                           I
                                      Article 1
                                      1 > J    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 Catholic Relief Services for the supply of soft wheat flour 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 Président
( 1 ) O.J. L 219 of 9.8.74 , p. 36
 ---pagebreak---             AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND THE CATHOLIC RELIEF SERVICES CONCERNING
THE SUPPLY AS POOD AID OF CEREALS .
 ---pagebreak---   THE COUNCIL OF THE EUROPEAN COMMUNITIES .
                                                           on the one hand .
  THE CATHOLIC RELIEF SERVICES
                                                           on the other hand
  HAVE DECIDED to conclude this Agreement and to this end have designated
  as their plenipotentiaries :
  THE COUNCIL OF THE EUROPEAN COMMUNITIES :
• THE CATHOLIC RELIEF SERVICES :
  WHO HAVE AGREED AS FOLLOWS î
 ---pagebreak---                                 Article I
  As a part of its Pood Aid Programme (cereals ) for 1972/73 , the European
  Economic Community shall supply, "by way of gift , the Catholic Relief Services
  hereinafter referred as the "recipient organ i sat i on" , with 11,952 metric tons
     cereals in the form of 7,915 metric tons of soft wheat flour .
                                Article II
 ■Deliveries will be made cif ports of unloading in Chile in new cotton sacs
with a netweight of 50 kg each .
                                Article III
The obligations and responsibilities of the European Economic Community and
of the recipient organisation 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 organisation undertakes to make all necessary arrangements for
the transport and insurance of the product from the cif stage to places of
destination .
                                Article V
The recipient organisation undertakes to use the product received as aid for         ,
purposes of consumption and to distribute it free of charge . This distribution
to the vulnerable groups of population in Chile must be assured by the intermediary
of its linked organisation in that country, namely Caritas Chile .
                               Article VI
The recipient organisation undertakes to inform the European Economic Community
how the Agreement is being implemented . iTo this end it shall provide the Commission
of the European Communities every three monthsuntil the quantities received as aid
have been fully used with the following information : reports indicating in partic
ular the number and nature of the beneficiaries , the quantities distributed ,
places and manner of distribution .                                      .
 ---pagebreak---                               Article VII
At the request of either of them , the Contracting Parties shall consult each
other on any questions concerning the implementation of this Agreement .
                              Article VIII
This Agreement is drawn up m duplicate in the Danish , Dutch , Ehglish , French ,
German and Italian languages , each of these texts being equally authentic *
 ---pagebreak---            ANNEX REFERRED TO IN ARTICLE III OP THE AGREEMENT
                               Article 1
 Delivery shall be completed and the risks shall pass from the European
 Economic Community to the recipient organisation at the time when the goods
 are landed on the quay or , where applicable ,, when they are transferred to
 a floating grain silo , or to a barge , if this last method is employed .
 The recinient shall bear all costs incurred after delivery, including the
 costs of taking delivery of the goods .
 Any demurrage at the port of unloading for delays for which the recipient
 organisation is responsible shall be met by it . The rates and methods of
 collection as defined in the contract between the Community 's agent referred
 to in Article 5 and the transport agent must have been previously agreed upon
between the Community 's agent and the recipient *s organisation receiving
 agent referred to in Article 5 *
                               Article 2
As soon as possible after the goods have been loaded on board , the European
Economic Community shall notify the recipient organisation of the name of
the ship , the loading date , the quantity and quality of the goods as
established at the time of loading, the port of unloading and the daily
unloading rate in that port .
                             . Article 3
The European Economic Community shall inform the recipient organisation of the
expected date of arrival of the ship at the port of unloading at least ten
clear days before that date .
The European Economic Community shall procure the insertion in the charter
party of a clause whereby the ship 's master shall inform the recipient
organisation of the probable date of arrival at the port at least seventy
two hours in advance .
                               Article 4
Upon delivery a margin of up to 5 % below the quantity laid down in Article I
of the Agreement shall be tolerated .
 ---pagebreak---                            Article- 5
The European Economic Community shall appoint an agent to implement the
provisions of this Annex and shall in good time forward the latter 's name
and address to the recipient organisation .
The recipient organisation shall appoint a receiving agenl^in each port of
Tin loading and shall forward the latter*s name and address to the European
Economic Community prior to the implementation of the Agreement .
                           Article 6
Upon delivery of the goods , the recipient organisation shall hand to the
agent of the European Economic Community a certificate of acceptance stating'
the port of shipment , date of acceptance , the nature and quantity of the
                                                                       1
goods accepted and including any comments on the cpiality of the goods ?md
send a copy thereof to the Commission of the European Communities .