title: 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 People' s Democratic Republic of Algeria fixing the additional amount to be deducted from the levy on imports into the Community of untreated olive oil, originating in algeria, for the period 1 November 1987 to 31 December 1993

text:
 COMMISSION OF THE EUROPEAN COMMUNITIES
                                               C0M(91) 470 final
                                               Brussels, 25 November 1991
                              Proposal for a
                         COUNCIL REGULATION (EEC)
     amending Regulation (EEC) No 1514/76 on imports of olive oil
                          originating in Algeria
                              Proposal for a
                         COUNCIL REGULATION (EEC)
     amending Regulation (EEC) No 1521/76 on imports of olive oi
                          originating in Morocco
                              Proposal for a
                         COUNCIL REGULATION (EEC)
 amending Regulation (EEC) No 1180/77 on imports into the Community
        of certain agricultural products originating in Turkey
                           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
    People's Democratic Republic of Algeria fixing the additional
amount to be deducted from the levy on imports into the Community of
     untreated olive oil, originating in Algeria, for the period
                   1 November 1987 to 31 December 1993
                           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
Kingdom of Morocco fixing the additional amount to be deducted from
   the levy on imports into the Community of untreated olive oil,
        originating in Morocco, for the period 1 November 1987
                            to 31 December 1993
                           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 Turkey
       fixing the additional amount to be deducted from the levy
         on imports into the Community of untreated olive oil,
                  originating in Turkey, for the period
                   1 November 1987 to 31 December 1993
                      (presented by the Commission)
 ---pagebreak---                         EXPLANATORY MEMORANDUM
   Annexes B to the Cooperation Agreements and Annexes B to the
   Interim Agreements between the European Economic Community and
   Morocco and Algeria respectively, and Annex IV to Decision n* 1/77
   to the EEC-Turkey Association Council of 28 December 1976 on the
   outcome of the second review of the arrangements applicable to
   Turkish agricultural products, provide for the possibility of
   increasing, by fixing an additional amount, the amount of the
   deduction which may be made, under certain conditions, from the
   levy applicable to imports into the Community of olive oil other
   than olive oil having undergone a refining process.
   This additional amount, if any, is fixed for each year of
   application by an exchange of letters between the Contracting
   Parties in the light of the situation on the olive oil market.
   In order to facilitate the management of the agreements concerned,
   the Commission considers it appropriate that the additional amount
   should be maintained at its present level until 31 December 1993
   for Algeria, Morocco and Turkey.
   It therefore recommends that the Council authorize it to negotiate
   the attached exchanges of letters with the countries in question.
3. In view of the time needed       to carry out the procedures, the
   Commission is now submitting   to the Council the Decisions on the
   conclusion of the exchange      of letters which it proposes to
   negotiate with the countries   in question, together with proposals
   for roegulations to implement  the measures agreed in the exchanges
   of letters.
   The Commission proposes that the Council adopt these measures as
   soon as it is informed by the former of the completion of the
   negotiations and of the final texts of the exchanges of letters.
 ---pagebreak---                                                     Proposal for a
                                         C O U N C I L R E G U L A T I O N (EEC) N o
                  a m e n d i n g Regulation (EEC) N o 1514/76 o n i m p o r t s of olive oil o r i g i n a t i n g in
                                                                Algeria
THE COUNCIL OF THE EUROPEAN COMMUNITIES.                                 100 kilograms for the period from 1 November 1987 to
                                                                         ÎI December 1993;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113                        Whereas Regulation (EEC)                No 1514/76 should be
thereof.                                                                 amended accordingly.
Having regard to the proposal from the Commission.
                                                                         HAS ADOPTED THIS REGULATION
Whereas Article 16 of, and Annex B to, the Cooperation
Agreement between the European Economic Community
and the People's Democratic Republic of Algeria (') stipu-
                                                                                Article   I
late that if Algeria levies a special export charge on
imports into the Community of olive oil falling within
                                                                         Article 1 (b) of Regulation (EEC) No 1514/76 is hereby
C N codes 1509 10 10. 1509 1 0 9 0 and 1 5 1 0 0 0 10. the
                                                                         replaced by the following :
levy applicable to such oil is to be reduced by a fixed
amount of ECU 0.60 per 100 kilograms and by an                                 '(b) an amount equal to the special charge levied by
amount equal to the special charge, but not exceeding                               Algeria on exports of the said oil but not excee-
ECU 12.09 per 100 ideograms in the case of the reduction                            ding ECU 12.09 per 100 kilograms, this amount
provided for in the^. aforementioned Article and ECU                                being increased from I November I9H7 to M
 12.09 per 100 kilogjams in the case of the additional                              December 199$ by ECU 12.09 pt-r 100 kilo-
amount provided for in the aforementioned Annex H ;                                 grams'.
Whereas the aforementioned Agreement was imple-
mented by Regula.ion (EEC) No 1514/76 ('), as last                                                       Article  2
amended by Regulation (EEC) N o f £ g / 4 7 î ' ) :
                                                                         This Regulation shall enter into lorce on the day lollo
Whereas the Contracting Parties have agreed, by exchange                 wing that of its publication in the Off nul Juunnil <»/ tin
of letters, to fix the additional amount at ECU 12.09 per                 I'll rof>ciin (.H m m u n it us.
                   This Regulation sh-»'! be binding in its entirety ,mil directly applicable in all Member
                   States.
                   Done at
                                                                                I'vr the    Council
(') O I N o L 263. 27. V. |V7K. ,». 2
O OJ No L 169. 2H. 6. 1976. ,,. 24
(') OJ No L J o JIHM*,              »v '
 ---pagebreak---                                                 Proposal for a
                                          COUNCIL REGULATION (EEC) No
                   amending Regulation (EEC) N o 1521/76 on imports of olive oil originating in
                                                         Morocco
THE COUNCIL OF THE EUROPEAN COMMUNITIES.                          100 lilograms for the period from 1 November 1987 to
                                                                  31 December 199jf;
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113,                Whereas Regulation (EEC)             No    1521/76    should
thereof.                                                          accordingly be amended,
Having regard to the proposal from the Commission,
Whereas Article 17 of, and Annex B to, the Cooperation            HAS ADOPTED THIS REGULATION
Agreement between the European Economic Community
and the Kingdom of Morocco (') stipulate that, if the
country in question levies a special export charge on                                       Article 1
imports into the Community of olive oil falling within
                                                                  Article I (b) of Regulation (EEC) No 1521/76 shall be
CN codes 1509 10 10. 1509 1090 and 151000 10, the
                                                                  replaced by the following :
levy applicable to such oil is to be reduced by a fixed
                                                                       4
amount of ECU 0,60 per 100 kilograms and by an                          (b) an amount equal to the special charge levied by
amount equal to the special charge, but not exceeding                       Morocco on exports of the said oil but not exceed-
ECU 12,09 per 100 kilograms in the case of reduction                        ing ECU 12,09 per 100 kilograms, this amount
provided for in the aforementioned Article and ECU                          being increased for the period from 1 November
 12,09 per 100 kilograms in the case of the additional                      1987 to 31 December I99J by ECU 12.09 per 100
amount provided for in the aforementioned Annex B ;                         kilograms'.
Whereas the aforementioned Agreement was imple-
 mented by Regulation (EEC) No 1521/760. as last                                             Article 2
 amended by Regulation (EEC) No *&             l$\{yt
                                                                   This Regulation shall enter into force on the day
 Whereas the Contracting Parties have agreed, by exchange          following that of its publication in the Official Journal of
 of letters, to fix the additional amount at ECU 12,09 per         the European Communities.
                    This Regulation shall be binding in its entirety and directly applicable in all Member
                    States.
                    Done at
                                                                                For the Council
  (') OJ No L 264. 27. 9. 1978. p. 2.
  O OJ No L 169. 28. 6. 1976. p. 43.
  (•) OJ No LtO , £ / . 3 . . ^ r , P - 2"
                                                                                4
 ---pagebreak---                                                Proposai for a
                                      COUNCIL REGULATION (EEC) N o
                •mending Regulation (EEC) N o 1180/77 on imports into the Community of
                                  certain agricultural products originating in Turkey
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                       Whereas Article 9 of Regulation (EEC) No 1180/77
                                                               should accordingly be amended,
Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thereof,
Having regard to the proposal from the Commission,             HAS ADOPTED THIS REGULATION :
Whereas Annex IV to Council Decision No 1/77 of the
EEC-Turkey Association Council of 17 May 1977 on new                                    Article I
concessions for imports of Turkish agricultural products
into the Community stipulates that the additional
                                                               Article 9 (l)(b) of Regulation (EEC) No 1180/77 is hereby
amount, if any, to be deducted from the levy on imports
                                                               replaced by the following :
into the Community of untreated olive oil falling within
CN codes 1509 10 10. 1509 1090 and 151000 10 and                   '(b) an amount equal to the special export charge
originating in Turkey, is to be fixed for each year of appli-           imposed by Turkey on such oil within a limit of
cation by an Exchange of Letters between the Commu-                     ECU 10,88 per 100 kilograms, that amount being
nity and Turkey ;                                                       increased from 1 November 1987 to 31
                                                                        December 199} by ECU 10,88 per 100 kilo-
Whereas Regulation (EEC) No 1180/77 ('), as last
                                                                        grams'.
•mended by Regulation (EEC) No                    0» imple-
mented the abovementioned Decision, in particular as
regards olive oil ;
                                                                                Article 2
Whereas the Contracting Parties have agreed, by an
exchange of letters, to fix the additional amount in ques-     This Regulation shall enter into force on the day follo-
tion at ECU 10,88 per 100 kilograms for the period from        wing that of its publication in the Official Journal of the
1 November 1987 to 31 December 199J;                            European Communities.
                This Regulation shall be binding in its entirety and directly applicable in all Member
                States.
                 Done at
                                                                            For the Council
(') O) No L 142, 9. 6. 1977. p. 10.
(OOJ No L J P / i 7 . 3 ,<tf) j ?• 3.
 ---pagebreak---     FINANCIAL S TATEMENT
1. BUDGET HEADING: 100 (levy)                                          APPROPRIATIONS: ECU 1 262 mi 11 ion
2. TITLE:
   Proposal for Counci I Regulations on the extension of agreements on imports of ol ive oi I originating in
   Morocco, Algeria and Turkey - reduction in the levy applicable to imports into the Camunity until
   31 December 1993.
3. LEGAL BASIS: Cooperation and association agreements
4. AIMS OF PROJECT:
   To extend unti I 31 December 1993 the appi icabi I ity of the reduction in the levy on imports of ol ive oi I
   into the Ccmrunity.
                                   Period of 12 months     Current Financial Year   Following Financial Year
5. FINANCIAL IMPLICATIONS                                           1991                      1992
5.0 EXPENDITURE
    - CHARŒD TO THE EC BUDGET
    - (REFUNDS/1NTERVENT ION)
    - NATIONAL ADMINISTRATION
    - OTHER
5.1 REVERE
    - OWN RESOURCES OF THE EC
       (LEVIES/CUSTCMS DUTIES)                                      Ni                     - ECU 28 665
    - NATIONAL
                                         1993                  1994                1995               1996
5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE              - ECU 28 665           - ECU 28 665
5.2 METHOD OF CALCULATION:
     Inports may be estimated on the basis of traditional import flows at 175 tonnes for Algeria and Morocco
    and 69 tonnes for Turkey.
    The reduction on the levy is ECU 12,09/100 kg for Morocco and Algeria and ECU 10,88/100 kg for Turkey.
     It is proposed to renew the application of this reduction as follows:
    - Algeria and Morocco: 175 t x ECU 120,9/t - ECU 21 158
    - Turkey               : 69 t x ECU 108,8/t - ECU 7 507
                            Total reduction      - ECU 28 665
6.0 CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET?
     1992 draft Budget
6.1 CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET?
6.2 IS A SUPPLEMENTARY BUDGET NECESSARY?
6.3 WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?
OBSERVATIONS:
 ---pagebreak---                Fiche d'impact sur la compétitivité et l'emploi
I. La justification principale .pour l'introduction de cette mesure
    est la conclusion de l'accord sous forme d'échange de lettres
    entre la Communauté économique européenne et certains pays tiers
     méditerranéens concernant l'importation dans la Communauté de
                                                         l'huile d'olive.
I_I._  à v_n.
     Les mesures proposées sont en principe sans incidence sur l'activité
      des PME.
                                                                          *
 ---pagebreak---                                                       Recommendation for a
                                                           COUNCIL         DECISION
                                                               of
                       on the conclusion of the Agreement in the form of an Exchange of Letters
                       between the European Economic Community and the People's Democratic
                       Republic of Algeria fixing the additional amount to be deducteu from the ievy
                       on imports into the Community of untreated olive oil, originating in Algeria, for
                                           the period ' . N o v e m b e r 1987 to 31 December 199J
                                                                   (9I/I6I/EEQ
THE COUNCIL OF THE EUROPEAN COMMUNITIES.                                      lipnal amount to be deducted from the levy on imports
Having regard to (he Treaty establishing the European                         into the Community of untreated olive oil falling within
Economic Community, anil in particular Article 113                            C N codes 1509 10 10. 1509 10 90 and 1510 00 10 and
thereof.                                                                      originating in Algeria, for the period I November 19.S7 to
                                                                              M December 199}, is hereby approved on behalf of the
Having regard to the Cooperation Agreement between the                        Community.
European Economic Community and the People's
Democratic Republic of Algeria ( ), which entered into                        The text of the Agreement is attached to this Regulation.
force on 1 November 197K, and in particular to Annex B
thereof.
                                                                                A aide 2
Having regard to tru- recommendation from the Commis-
                                                                              The President of the Council is hereby authorized to
sion.
                                                                              designate the person empowered to sign the Agreement
Whereas it is necessary to approve the Agreement in the                       for the ptirooMr oi binding *hc Community.
form of an Exchange of Letters between the European
Economic Community and the People's Pcmocralic
                                                                                Art ah .?
Republic of Algeria fixing the additional amount to be
deducted from the levy on imports into the C o m m u n i t y                  This Decision shall take effect on the day following its
of u n t r r a u d olive oil. falling within C N codes 1509 | 0 10.           publication in the Official Journal       of tin Fumf>t-an
 i SOV 10 vo and t S|0 00 10 and originating in Algeria, for                  Ctiint:mnitit*.
the period I November IVK7 to .11 December 199}.
 HAS Dt.CIDB} AS FOLLOWS                                                      Dont at
                                  /lr/i«/i   /
                                                                                till tin   (nh'lill
 The Agreement in the form of an Exchange of Letters
 between the European Economic Community and the
 People's Democratic Republic of Algeria fixing the addi-
( ) OJ N.. I. > » . 2? v         |Y7s. p
                                                                                S
 ---pagebreak---                                          AGREEMENT
in the form of an Exchange of Letters between the European Economic Community
and Turkey fixing the additional amount to be deducted from the levy on imports into
the Community of untreated olive oil, originating in Turkey, for the period 1
                            November 1987 to 31 December 199£
                                            Letter No 1
Sir,
Annex IV to Decision No 1/77 of the EEC-Turkey Association Council of 17 May 1977 on new
concessions for imports of Turkish agricultural products into the Community stipulates that for
untreated olive oil falling within CN codes 1509 10 10, 1509 10 90 and 1510 00 10 the amount
to be deducted from the amount of the levy in accordance with Article 2 of that Decision is
increased, in order to take account of certain factors and of the situation on the olive oil market.
by an additional amount under the same conditions and arrangements as laid down for the
application of the said Article.
I have the honour to inform you that, having regard to the criteria specified in the aforemen-
tioned Annex IV, the Community will take the necessary steps to fix the additional amount at
ECU 10.88 per 100 kilograms.
By way of derogation from Annex IV of Decision No 1/77 of the EEC-Turkey Association
Council., this Agreement in the form of an Exchange of Letters shall remain in force for the
period from 1 November 1987 to 31 December 199J unless it is denounced by one of the
Parties at least three months before the end of each marketing year.
I should be grateful if you would acknowledge receipt of this letter and confirm your Govern-
ment's agreement to its content.
Please accept. Sir, the; assurance of my highest consideration.                       ,
                                                            On behalf of the Council
                                                         of the European Communities
 ---pagebreak---                                              Letter No 2
Sir.
I have the honour to acknowledge receipt of your letter of today's date, which reads as follows :
    'Annex IV to Decision No 1/77 of the EEC-Turkey Association Council of 17 May 1977 on
    new concessions for imports of Turkish agricultural products into the Community stipulates
    that for untreated olive oil falling within CN codes 1509 10 10, 1509 10 90 and 1510 00 10
    the amount to be deducted from the amount of the levy in accordance with Article 2 of that
    Decision is increased, in order to take account of certain factors and of the situation on the
    olive oil market, by an additional amount unaV the same conditions and arrangements as
    laid down for the application of the said Article.
     I have the honour to inform you (hat. having regard to the criteria specified in the aforemen-
    tioned Annex IV. the Community will take the necessary steps to fix the additional amount
    at 10.88 ECU per 100 kilograms.
     By way of derogation from Annex IV of Decision No 1/77 of the EEC-Turkey Association
     Council, this Agreement in the form of an Exchange of Letters shall remain in force for the
     period from I November 1987 to 31 December 199J unless it is denounced by one of the
     parties at least three months before the end of each marketing year.
     I should be grateful if you would acknowledge receipt of this letter and confirm your Govern-
     ment's agreement to its content.'
I confirm the agreement of my Government to the foregoing.
Please accept. Sir, the assurance of my highest consideration.
                                                              For the Govenpnent
                                                           of the Republic of Turkey
                                                                                ^O
 ---pagebreak---                                               Recommendation for a
                                                  C O U N C I L DECISION
                 on the conclusion of the A g r e e m e n t in the form of an Exchange oi Letters
                 between the European Economic C o m m u n i t y and the Kingdom of Morocco
                 fixing the additional a m o u n t to be deducted from the levy on imports into the
                 Community of untreated olive oil, originating in Morocco, for the period I
                                       November 1987 to 31 December 199)
THE COUNCIL OF THE EUROPEAN COl                  "I I ES.         Kingdom of Morocco fixing the additional amount to be
                                                                 deducted from the levy on imports into the Community
Having regard to the Treaty establishing .        European
                                                                 of untreated olive oil falling within CN codes 1509 |() 10,
Economic Community, and in particular Article 113
                                                                  1509 10 90 and 1510 00 10 and originating in Morocco
thereof,
                                                                 for the period I November 1987 to 31 December I99J is
Having regard to the Cooperation Agreement between the           hereby approved on behalf of the Community.
European Economic Community and the Kingdom of
                                                                 The text of the Agreement is annexed to this Decision.
Morocco ('), which entered into force on I November
1978, and in particular to Annex B thereof.
                                                                                Article 2
Having regard to the recommendation from the Commis-
sion.                                                            The President of the Council is hereby authorized to
                                                                 designate the person empowered to sign the Agreement
Whereas it is necessary to approve the Agreement in the          for the purpose of binding the Community.
form of an Exchange of Letters between the European
Economic Community and the Kingdom of Morocco
fixing the additional amount to be deducted from the levy                                   Article 3
on imports into the Community of untreated olive oil.            This Regulation shall take effect on the day following its
falling within CN codes 1509 10 10. 1509 10 90 and                publication in the Official Journal of tin European
1510 00 10 and originating in Morocco, for,the period I           Communities.
November 1987 to 31 December I99J.
                                                                  Done at
HAS DECIDED AS FOLLOWS:
                                                                                I tn tin (.own il
                         Article I
The Agreement in the form of an Exchange of Letters
between the European Economic Community and the
 (') OJ No L 264. 27. V. IV78.
                                                                                M
 ---pagebreak---                                         AGREEMENT
in the form of an Exchange of Letters between the European Economic Community
and the Kingdom of Morocco fixing the additional amount to be deducted from the
levy on imports into the Community of untreated olive oil, originating in Morocco, for
                     the period 1 November 1987 to 31 December 199^
                                          Letter No I
Sir.
Annex B to the Cooperation between the European Economic Community and the Kingdom of
Morocco stipulates that for untreated olive oil falling within CN codes 1509 l() 10. 1509 10 90
and 1510 00 10 the amount to be deducted from the amount of the levy in accordance with
Article 17 (I) (b) of the Cooperation Agreement may, in order to take account of certain factors
and of the situation on the olive oil market, be increased by an additional amount under the
same conditions and arrangements as laid down for the application of the abovementioned
provision.
I have the honour to inform vou that, having regard to the criteria specified in the aforemen-
tioned Annex, the Community will take the necessary steps to fix the additional amount at ECU
 12,09 per 100 kilograms.
 By way of derogation from Article 2 of Annex B to the Cooperation Agreement, this Agreement
 in the form of an Exchange of Letters shall remain in force for the period from 1 November
 1987 to 31 December I99J unless it is denounced by one of the Parties at least three months
 before the end of each marketing year.
 I should be grateful if you would acknowledge receipt of thjs letter and confirm your Govern-
 ment's agreement to its content.
 Please accept. Sir. the assurance of my highest consideration.
                                                                  On behalf
                                                of the Council of the European     Coniiniinitns
                                                                                J&
 ---pagebreak---                                             Letter No 2
Sir,
I have the honour to acknowledge receipt of your letter of today's date, which reads as follows :
    'Annex B to the Cooperation Agreement between the European Economic Community and
    the Kingdom of Morocco stipulates that for untreated olive oil falling within CN codes
     1509 10 10. 1509 10 90 and 1510 00 10 the amount to be deducted from the amount of the
    levy in accordance with Article 17 (I) (b) of the Cooperation Agreement may. in order to take
    account of certain factors and of the situation on the olive oil market, be increased by an
    additional amount under the same conditions and arrangements as laid down (or the applica-
    tion of the abovementioned provision.
     I have the honour to inform you that, having regard to the criteria specified in the aforemen-
    tioned Annex, the Community will take the necessary steps to fix the additional amount at
     ECU 12,09 per 100 kilograms.
     By way of derogation from Article 2 of Annex B to the Cooperation Agreement, this Agree-
     ment in the form of an Exchange of Letters shall remain in force for the period from 1
     November 1987 to 31 December 199£ unless it is denounced by one of the parties at least
    three months before the end of each marketing year.
     1 should be grateful if you would acknowledge receipt of this letter and confirm your Govern-
     ment's agreement to its content.'
I am able to confirm the agreement of my Government to the foregoing.
Please accept. Sir, the assurance of my highest consideration.
                                                  For the Government of the Kingdom of Morocco
                                                                                Jl
 ---pagebreak---                                               Recommendation for z
                                                 COUNCIL DECISION
                  on the conclusion of the Agreement in the form of an Exchange of Letters
                  between the European Economic Community and Turkey fixing the additional
                  amount to be deducted from the levy on imports into the Community of
                  untreated olive oil. originating in Turkey, for the period 1 November 1987 to 31
                                                    December 199J
THE COUNCIL OF THE EUROPEAN COMMUNITIES.                       on imports into the Community of untreated olive oil
                                                               falling within CN codes 1509 10 10. 1509 10 90 and
Having regard to the Treaty establishing the European
                                                               1510 00 10 and originating in Turkey, for the period I
Economic Community, and in particular Article 113
                                                               November 1987 to 31 December I99£, is hereby
thereof.
                                                               approved on behalf of the Community.
Having regard to Decision No 1/77 of the EEC-Turkey
Association Council of 17 May 1977 on new concessions          The text of the Agreement is attached to this Decision.
for imports of Turkish agricultural products into the
Community, and in particular Annex IV thereto.                                        Article 2
Having regard to the proposal from the Commission,             The President of the Council is hereby authorized to
Whereas it is necessary to approve the Agreement in the        designate the person empowered to sign the Agreement
form of an Exchange of Letters between the European            for the purpose of binding the Community.
Economic Community and Turkey fixing the additional
amount to be deducted from the levy on imports into the                               Article 3
Community of untreated olive oil. falling within CN
codes I 509 10 10. I 509 10 90 and 1 510 00 10 and origina-    This Decision shall take effect on the day following its
ting in Turkey, for the period I November 1987 to 31           publication in the Official Journal of the European
December I99J.                                                 Communities.
HAS DECIDED AS FOLLOWS :                                        Done at
                          A ititle I
                                                                                For the   Council
The Agreement in the form of an Exchange of Letters
between the European Economic Community and Turkey
fixing tl.e additional amount to be deducted from the levy
                                                                                J4
 ---pagebreak---                                          AGREEMENT
in the form of an Exchange of Letters between the European Economic Communiry
and the People's Democratic Republic of Algeria fixing the additional amount to be
deducted from the levy on imports into the Community of untreated olive oil. origina-
       ting in Algeria, for the period 1 November 1987 to 31 December 199J
                                            Letter No I
Sir,
Annex B to the Cooperation Agreement between the European Economic Community and the
People's Democratic Republic of Algeria stipulates that for untreated olive oil falling within CN
codes 1509 10 10, 1509 10 90 and 1510 00 10 the amount to be deducted from the amount of
the levy in accordance with Article 16 (1) (b) of the Cooperation Agreement may. in order to take
account of certain factors and of the situation on the olive oil market, be increased by an addi-
tional amount under the same conditions and arrangements as laid down for the application of
the abovementioned provision.
I have the honour to inform you that, having regard to the criteria specified in the aforemen-
tioned Annex, the Community will take the necessary steps to fix the additional amount at ECU
12.09 per 100 kilograms.
By way of derogation from Article 2 of Annex B to the Cooperation Agreement, this Agreement
in the form of an Exchange of Letters shall remain in force for the period from I November
 1987 to 31 December 199J unless it is denounced by one of the Parties at least three months
before the end of each marketing year.
I should be grateful if you would acknowledge receipt of this letter and confirm your Govern-
ment's agreement to its content.
Please accept. Sir, the assurance of my highest consideration.
                                                                    On behalf
                                                  of the Council of the European      Communities
 ---pagebreak---                                             Letter No 2
Sir,
I have the honour to acknowledge receipt of your letter of today's date, which reads as follows :
    'Annex B to the Cooperation Agreement between the European Economic Community and
    the People's Democratic Republic of Algeria stipulates that for untreated olive oil falling
    within CN codes 1509 10 10, 1509 10 90 and 1510 00 10 the amount to be deducted from
    the amount of the levy in accordance with Article 16 (1) (b) of the Cooperation Agreement
    may. in order to take account of certain factors and of the situation on the olive oil market,
    be increased by an additional amount under the same conditions and arrangements as laid
    down for the application of the abovementioned provision.
     I have the honour to inform you that, having regard to the criteria «pecified in the aforemen-
     tioned Annex, the Community will lake the ncccssury steps to fix the additional amount nt
     ECU 12.09 per 100 kilograms.
     By way of derogation from Article 2 of Annex B to the Cooperation Agreement, this Agree-
     ment in the form of an Exchange of Letters shall remain in force for the period from |
     November 1987 to 31 December 199J unless it is denounced by one of the Parties at least
     three months before the end of each marketing year.
     I should be grateful if you would acknowledge receipt of this letter and confirm your Govern-
     ment's agreement to its content."
I am able to confirm the agreement of my Government to the foregoing.
Please accept. Sir, the assurance of my highest consideration.
                                                              For the Government
                                                 of the Peoples Democratic Republic of Algeria
                                                                                J6
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(91) 470 final
                                                      DOCUMENTS
EN                                                                          1103
                                Catalogue number : CB-CO-91-521-EN-C
                                                             ISBN 92-77-77799-0
Office for Official Publications of the European Communities
L-2985 Luxembourg


title: RECOMMANDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and Ethiopia 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 (74) 1967
Vol. 1974/0319
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                     COM(74)1967 final
                                                     Brussels , 2 December 1974
                          RECOMMANDATION FOR A
                            COUNCIL DECISION
             on the conclusion of an agreement between the
                European Economic Community and Ethiopia
                 for the supply of cereals as food aid .
             ( submitted to the Council by the Commission)
COM(74) 1967 final
 ---pagebreak---                                        - 1 -
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing tho European Economic Community ,
 and in particular Articles 113 , 114 and 228 thereof ;
 Having regard to the Recommendation from the Commission j
 Whereas   Ethiopia , "by its letter of 20.11.1973
has requested food aid ;
Whereas in view of the cereal supply situation in Ethiopia
that country should be accorded , by way of gift ,     20 000 metric tons
of cereals in the form of 15 000 metric tons of soft wheat and 5 000 metric tons
of maize , under the Community Food Aid Programme for 1973/74 .
DECIDES :
                                        Article
On behalf of the European Economic Community an Agreement , the text whereof
is annexed hereto , shall be concluded between the European Economic Community
and Ethiopia                  for the supply of soft wheat and maize .
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 ,              19 ....                      For tho Council
                                                              The Président
 ---pagebreak---                  AGREEMENT
BETWEEN" THE EUROPEAN ECONOMIC COJ.HUNITY
AMD ETHIOPIA
CONCERNING 11 IE SUPPLY AS FOOD AID OF
CEREALS .
 ---pagebreak---  THE COUIvCIL OF THE EUROPEAN COI&UEITIES ,
                                                       od the ons hr.nd ,
THE GOVERNMENT OP ETHIOPIA
                                                       on the other hand ,
                       *
HAVE DECIDED to conclude this Agreement and to this end have designated
as their plenipotentiaries :
THE comic IL OP THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OP ETHIOPIA
WIIO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                                      .Article X
 As a part, of its Food Aid Pro^ranirae (Oorcalr.) for 3 973 /7 4» the European
 Economic Coiirounity shall nuppl y, by vny of gift , Ethiopia
 hereinafter referred as the "recipient country", with '                              20 000         metric to:r.;
 of cereals in the form of 15 000 metric tons of soft wheat and 5 000 metric tons
 of maize .
                                                     Article TT
Deliveries t:;'.ll be wade                           eif porta of rco loading in the recipient
country in new jute bags with a net weight of 50 kg each.
                                                 Ari. 'J o ! 0 TYT
{The ob'l     on :.; I :t\ • : • ;• o■ i 1.i i 1 x •;. i c o of the ?;iv?op?; n "•co^o;iic Co:r''VJ'iity p;-id
of the recipient country relating - to delivery . and the taking of delivery arc
defined in the Anne;;, v'lich forras an intojrral p::i"t of thi a Afvreouent .
            *          *
                                                Article
                                                ««*»      -.+tr , t •
                                                                      V
                                                                      • «I
The recipient covj'itry \iudertakes to inr-lre all msoocBrxy arrc:a£,ej :cnv. 'j for tno
transport and inr.urwioe of the product from the CXP-otaje to pieces
of destination .
                                                Art:i.c?c. Y
The recipient country undertakes to ur;e the product received as sad lor
purposes of consumption and to distribute it to people in need free of charge .
 ---pagebreak---                                              - 3 -
                                      Art ici G VI
               •                      ■! III  >
    The European Economic Community shall grant the recipient country funds to
    cover the costs incurred "by that country for the transport of the delivered
    products from the cif–stage to piaces of destination .
    These funds shall amount to .30' units of account, per metric ton of delivered
                         4 t
    produc.t .
    The Community undertakes to pay this as soon as possible after receipt by
   the Commission of the information required in Article 6 of the annex .
                                     Article VI I
 The Contracting Parties undertake to implement this Aprccnont in rrach a \:ey
 as to avoid any prejudice io the normal . stroiTO'ho'G of domestic production end
 international truce . To this end they rhall take any ncannres required to
ensure that aid supplier.; are in addition to , and do not replace "business
transactions which rni^ht reasonably he ercpocted in the absence - of such supplie
                                     Article VIII
The recipient country shall take any measures required to prevent :
(i ) The re-export of the products received as aid and of products and by
        products resulting from such supplies j
(ix ) The export , commercially or otherwise , within six months of the last
       delivery, either of the products obtained locally and of the same natvire
       as - the products received as aid or of any products or by-products resul
       ting from it .
 ---pagebreak---                                   Article   IX
The recipient country undertaker: to inform the Luropean Economic Community
how this Agreement is being implemented . To this end it shall provide the
Commission of the European Communities every three months until the quantities
received as aid have been fully used with' the following information : reports
indicating in particular number and nature of the beneficiaries , the quantitie
                        *
distributed , places and manner of distribution .
                                  Article   X
The recipient country Khali take all appropriate steps to enable those persons
duly authorized by the European Economic Community to make on the spot obser
vations of the operations connected with the implementation of the Agreement .
                                 Artic Le  XI
                                        i
At the re.juer-.t of a thcr ptrty , the; contracting parties shall consult one
another on all questions cohcerning the application of this Agreement .
                                 Article   XII
This Agreement is dre.v:n up in two copies in 'the Danish , Dutch , English , French
German and Italian languages , these texts being equally authentic .
 ---pagebreak---                     AKMW TO ATITT0I.I3 TIT OP     ACTWOTJ 1?
                                    Article 1
■   Delivery shall "be completed and the risks shall pass from the European
    Economic Community to the recipient country as soon as the goods are actually
   taken in charge in the ship 's hold at the port of "unloading .
                           *
    The recipient country shall "bear    all costs subsequent to delivery of the
   goods , including the costs of unloading ("breaking, "bulk , hoisting , taking
   delivery , for example ) as well as any lighterage costs .
   Any demurrage costs or dispatch money at the port of unloading shall , as the
   case may "be , be borne by or paid to the recipient country . The rates and
   conditions of payment applying to any contract "between the Community agent
   referred to in Article 5 and 'the carrier must have been previously agreed
  "between that agent and the recipient country 's agent referred to in Article
                                  Article 2
  The European Economic Community shall forward to the recipient country ,
  as soon as possible after the goods have been shipped , a notice giving the
  name of the ship , the date of loading , the quantity and quality of the goods
  on loading and the port of unloading .
                                  Article 3
  The European Economic Community shall inform the recipient country of the
  ship 's presumed date of arrival at the port of unloading at least ten clear
  days before that date .
  The European Economic Community shall cause to be inserted in the charter-
  party an undertaking by the captain to give to the recipient country at
  least 72 hours' notice of the probable date of the ship 's arrival in the port .
 ---pagebreak---                                     - 2 -
                                  Article A
 On delivery of the goods , a tolerance of 5   less than the quantity to "be
 supplied in accordance with Article I of the Agreement is permitted .   ..
                                  Article 5
 The European Economic Community shall appoint an agent to implement the
 provisions of this Anne*, and shall in good time' forward the latter 's
name and address "to the recipient country .
 The recipient country shall appoint an agent in each port of unloading ,
and shall forward the latter 's name and address to the European Economio
Community prior to implementation of the Agreement .
                                  Article 6
On delivery of the goods the country of destination shall hand to the authorised
agent of the European Economic Community a taking-over certificate , stating the-
place and date of taking over , the nature and the quantity as well as contigcnt
observations about the quality of these goods and shall send a copy thereof to
the Commission of the European Community . '


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

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 262
Vol. 1973/0040
 ---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
<U
                                                       COM(73)262 final
                                                       Brussels . 16 february 1973
                              RECOMMENDATION FOR A
                                COUNCIL DECISION"
              on the conclusion of an agreement "between the European
             Economic Community and. the Republic of Sri Lanka for the
                       supply of flour of common wheat as food aid.
                  ( submitted, to the Council try: the Commission)
    COM(73 ) 262 final
 ---pagebreak---                             AGREEMENT
BETWEEN THE EUROPEAN ECCNOMIC COMMUNITY AND THE REPUBLIC OF SRI LANKA
                CONCERNING TUB SUPPLY AS FOOD AID
                    OP FLOUR OF VilESAT
 ---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 j
 Having regard to the Recommendation from the Commission j
Whereas the European Economic Community has deposited a Declaration for
provisional application of the 1971 Food Aid Convention j whereas that
Convention has been applicable since 1 July 1971 J
Whereas the Republic of Sri Lanka, by its letter of 6 October 1971 » has
requested food aid }
Whereas in view of the cereal supply situation in the Republic of Sri Lanka
that country should be accorded, by way of gift,^5*^®9 metric tons of common
wheat in the form of 7285 netric tons of flour of common wheat under the
Community Pood Aid Programme for 1971/72 }
DECIDES i
                                   Article  1
On behalf of the European Economic Community an agreement , the text whereof
is annexed hereto , shall be concluded between the European Economic Community
and the Republic of Sri Lanka for the supply of flour of common wheat as
food aid.
                                  Article   2
The President of the Council is hereby authorised to designate those who are
to sign the agreement and to confer on them the requisite powers to bind the
Community.
Done at Brussels ,                       19 •    For the Council
                                                  The President
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES .
                                              of "bhe one part .
THE GOVERNMENT OP THE REPUBLIC OP SRI LANKA,
                                              of the other part ,
HAVE DECIDED to conclude this Agreement and to this end have
designated as their plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OP THE REPUBLIC OP SRI LANKA :
WHO HAVE AGREED AS FOLLOWS i
 ---pagebreak---                                 ARTICLE I
                                 l
            As a part of its Food Aid Programme (Cereals ) for 1971/72,
the European Economic Community shall supply the Republic of Sri
Lanka , hereinafter referred tq as the "recipient country", with
11.000 metric tons of common wheat in the form of 7*285 metric tons
of flour of common wheat .
                                ARTICLE II
           Deliveries will be made fob to Community ports in cotton
sacks of a net weight of 22.680 Kg each ( 150 lbs ).
   " • . /„                     ARTICLE III ,
           The obligations and responsibilities of the European
Economic Community and of the recipient country relating to delivery
and the taking of delivery are defined in the Annex, which forms an
integral part of this Agreement .                             ^ '"
                                ARTICLE IV
           The recipient country undertakes to make all necessary       i
arrangements for the transport and insurance of the product from
ports of shipment to places of destination.
           It undertakes to exercise the greatest possible care to
ensure that the tendering arrangements for the transport by sea
are not prejudicial to the free play of fair competition. Any
problems arising in this connection shall be the subject of
consultations under Article IX of the present Agreement .
                               ARTICLE V
           The recipient country undertakes to use the product received
as aid for purposes of consumption and to apply, for the sale of
the product on its market , the prices normally charged on that
market for products of comparable quality.       " '-
 ---pagebreak---                                  - 4 -
            The proceeds from this sale , less the cost of sea transport ,
  insurance and the normal cost of selling the product on the
  recipient country 's market , will be paid into a special account and
  allocated to the financing of one or more development schemes which
  have already been proposed by the recipient country and approved
  by the European Economic Community,
                               ARTICLE VI
            The Contracting Parties undertake to implement this iigreement
  in such a way as to avoid any prejudice to the normal structure of
  domestic production and international trade . To this end they shall
  take any measures required to ensure that aid supplies are in
  addition to , and do not replace , business transactions which might
  reasonably be expected in the absence of such supplies . In parti
  cular , the recipient country undertakes to import commercially
  from whatever source between 1 July 1972 and 30 June 1973 a minimum
  quantity of 50*000 metric tons of            wheat or its equivalent in
  flour of wheat .
                              ARTICLE VII
            The recipient country shall take any measures required to
  prevent :
  ( l ) The re–export of the product received as aid and of products
        and by-products resulting from such supplies ;
( ii ) The export , commercially or otherwise , within six months of the
        last delivery, either of the product obtained locally and of
        the same nature as the product received as aid or of any products
        or by-products resulting from it .
                              ARTICLE VIII
            The recipient country undertakes to inform the European
  Economic Community how this Agreement is being implemented. To this
  end it shall provide the Commission of the European Communities with
  the following information :
 ---pagebreak---                                   - 5 -
         Not later than thirty days after the unloading of each cargo :
         ports and dates of arrival of the vessel ; nature , quantity
         and quality of the products unloaded ; date on which unloading
         was completed ;
 ( ii    Every three months until the quantities received as aid have
         been fully used s quantities sold, how they have been sold,
         selling prices ; normal selling costs on the recipient country 's
         market ;
 ( iii ) On 15 January every year until the special account has been
         fully used 2
         (a) State of this account ( incomings and outgoings ) on
             31 December of the preceding year ;
         (b) Progress achieved in the project or projects , with an
             indication of the total amount of financing undertaken
             at that stage .
                                ARTICLE IX
          At the request of either of them, the Contracting Parties
shall consult each other on any questions concerning the implemen
tation of this Agreement .
                                ARTICLE X
          This Agreement is drawn up in duplicate in the Banish, Dutch , English ,
French, German and Italian languages , each of these texts being
equally authentio.
 ---pagebreak---                        ANNEX TO ARTICLE III OP THE AGREEMENT
                                   Article   1
Delivery shall be effected end risks shall pass from the European Economic
Community to the recipient country at the moment at which the goods have
been placed in the ship 's hold at the port of shipment .
The recipient country shall bear all costs subsequent to delivery of the
goods , including costs of stowage and , where appropriate , of trimming and
bagging.                  ,            .
Any demurrage costs or dispatch at the port of shipment shall be a charge
on or for the benefit of the European Economic Community and shall be determined
before the vessel sails . The rates and detailed arrangements relating thereto
laid down in the contract between the recipient country and the carrier must
have been agreed upon in advance by the recipient country and the authorised
agent of the European Economic Community referred to in Article 9 «
                                   Article   2
The European Economic Community shall notify the recipient country in good
time of the port or ports of shipment , the 'quantities to be delivered at
each port , the period within which loading must begin , and the daily loading
rate .             i ■
                                  Article  3
The European Economic . Community must be prepared to load the goods on the
date resulting from the instructions in Article 8 , whereon the vessel should
be ready for loading.
                                  Article  4
                            - .ι
On delivery of the goods , a loterance of 5 b less than the quantity to be
supplied in accordance with Article 1 of the Agreement is permitted.
 ---pagebreak---                                    Article  5
Once the goods are on. board the vessel , the European Economic Community
shall notify the recipient country of the date of loading , and the quantity
and quality of the goods as recorded on loading.
                                   Article  6
The recipient country shall supply the European Economic Community , within
the period referred to in Article 2 , with a vessel of dimensions correspond
ing to the normal loading potential of the port of shipment .
Should it prove impossible for the vessel to begin loading Within the period
referred to in Article 2 and should the recipient country not have notified
the European Economic Community of this fact in writing at the latest by the
date on which the vessel should be ready for loading in accordance, with Article 8
Article 8 , the goods shall be at the disposal of the European Economic Community .
Whatever the circumstances , the goods shall be held at the espense , risk and
peril of the recipient country.
                                   Article  7
Should the recipient country fail to provide a vessel of suitable tonnage or
if the quantity made available for loading on a vessel of suitable tonnage
cannot be put on board in its entirety because of circumstances beyond the
control of the European Economic Community , the balance shall be loaded onto
the next vessel under the conditions laid down in this annex .
In this , event , until the date of loading of this balance or until the
recipient country gives notice in writing that it gives up this balance ,
the goods shall be held at the expense , risk and peril of the recipient
country .
The recipient country must notify the European Economic Community within a
period of a maximum of 30 days from the beginning of loading of the shipment
to which these goods should have belonged , of the date on which loading of
this balance is due to begin or of its renunciation of this balance .
 ---pagebreak---  If this obligation is not respected , the European Economic Community may
consider that it has discharged its commitment to the recipient country
under Article 1 of the Agreement .
                                   Article  8
The recipient country shall name for the European Economic Community the
vessel that is to ship the goods at least 10 clear days prior to the estimated
date of arrival of the vessel in port or , where possible , 20 clear days prior
to this date , and shall at the same time indicate how soon after that date
the vessel will be ready for loading.
The recipient country shall insert in the charter party a clause requiring
the captain to inform the European Economic Community at least 72 hours in ,
advance of the vessel 's estimated date of arrival innport .
                                   Article  9
To implement the provisions of this annex , the European Economic Community
shall appoint an authorised agent , whose name and address shall be made known
in good time to the recipient country.
The recipient country shall nominate a receiving agent in each port of shipment ,
whose name and address shall be made known to the European Economic Community
before the Agreement is implemented.


RECOMMENDATION FOR A DECISION OF THE COUNCIL AND OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL CONCERNING THE OPENING OF NEGOTIATIONS WITH THE AFRICAN, CARIBBEAN AND PACIFIC STATES, WITH A VIEW TO ADAPTING THE THIRD ACP - EEC CONVENTION SIGNED IN LOME ON 8 DECEMBER 1984 IN ORDER TO TAKE ACCOUNT OF THE ACCESSION OF SPAIN AND PORTUGAL TO THE EUROPEAN ECONOMIC COMMUNITY AND THE EUROPEAN COAL AND STEEL COMMUNITY


title: RECOMMENDATION for a COUNCIL DECISION concluding a Financial Protocol between the European Economic Community and Greece (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (77) 173
Vol. 1977/0071
 ---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(77)173 final
                                              Brussels , 17 May 1977
                                                            /Qy             £* '         '\ \ -
                                                                       Cî «V. .     '         .         \
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                                                                    £•   '<
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                                                         YJ
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                                                                                ■/
                                                            \ ^ .-V                         *     "s. /
              !               RECOMMENDATION
                                  for a
                             COUNCIL DECISION
            concluding a Financial Protocol between the
            European Economic Community and Greece
                                               f*
                                                                                ■ , /
               ( submitted to the Council "by the Commission )
                                                /
                                                                                /
  COM(77 ) 173 final
 ---pagebreak---                   COMMISSION COMMUNICATION TO THE COUNCIL
1.   On 13 January 1977 , in accordance with the mandate conferred on it
by the Council , the Commission concluded the negotiations for a second
financial protocol in the context of the Association Agreement between
the EEC and Greece .    As the Community 's delegation had indicated its
agreement ad referendum , the Commission submitted the results of the
negotiations to the Council which approved them at its meeting on
18 January 1977 -    The protocol was subsequently signed on 28 February 1977-
2.   With a view to the conclusion of this protocol on behalf of the
Community the Commission is requested to approve the draft communication
to the Council on the negotiations and the recommendation fpr a Council
decision to conclude the protocol .
 ---pagebreak---                                EXPT.ANTORY Ï^RMOT^rnUM
               on "the negotiation of a new Financial Protocol under the
              E3C-Greece Association Agreement
1 . By a Decision of 29 November 1976 , the Council authorized the
Commission to open negotiations with the Hellenio Republic for the
conclusion of a new Financial Protocol under the EEC–Greece Association
Agreement and issued the directives for those negotiations .
The Commission conducted the negotiations with the Greek Delegation
within the Council of Association .           They were completed on
 13 January 1977 -         The delegations indicated their approval ,
vl referendum of the content of the texts of the draft Protocol , the
3o;.jnunity declaration concerning the European unit of account and
two exchanges of letters , and agreed that the second exchange of
letters would not be published.           These texts , which were drafted in
French , are attached to this Communication .
 2.       In order to enable the Protocol to be signed at an early date ,
 » h-3 Commission submitted the draft texts to the Council on the very
day the negotiations were completed, proposing that it take the
necessary steps to enable the signature to take place as soon as
possible .          At its meeting of 18 Jam*ary 1977 » "the Council made the
necessary arrangement s for the signature , which was subsequently
 scheduled to take place on 28 February .
      i order that this Protocol may be concluded on behalf of the
      ;;nmunity , the Commission is transmitting to the Council herewith
        recommendation for a decision concluding the Protocol , to which
 .• i.r * annexed the Community declaration and the first exchange of
 letters .        There is to be no formal conclusion of the xmpublished
  exchange of letters .
 ---pagebreak---   The Commission also recommends that the representatives of the
  governments of the Member States , meeting in the Council , take the
  steps required for the implementation of the ratification,
' acceptance or approval procedures laid down in Artiol ^ 13(1 ) of
  the Protocol .
  The Commission draws the Council 's attention to the fact that the
  Head of the Greek Delegation has asked for the approval procedures
  to be completed as quickly as possible in view of the delay which
  has occurred since the Community undertook on 2 Deoember 1974 to
  open the negotiations for the Protocol at an early date.
 ---pagebreak---                               RSC OKKEUD AT I ON
                                    for a
                            COUNCIL DECISION
concluding a Financial Protocol between the European Eoonomio
Co:amvmi.ty and Greece
THE COUKCIL Car THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Eoonomio
Community, and in particular Artiole 238 thereof,
Having regard to the recommendation from the Commission,
Having regard to the opinion of the European P?:r..iament ,
  Whereas the Financial Protocol between the European Economio
  ommunity and Greece,
 signed at      3W99SiS .,..           on ..?9.?«T|IWW.19ZT .
 should be concluded,
HAS DECIDED AS FOLLOWS:
                                Article 1
The Financial Protocol between the European Economic Community and
 Greece, the text of which is annexed to this Decision, is hereby
 concluded and approved on behalf of the Community.
                                Article 2
The President of the Council shall . oarry out , on behalf of the Community
 the notification procedure provided for in Article 13(l ) of the Protocol
 Done at ..      ........ ............... 19
                                                          For the Council
                            '                             The President
 ---pagebreak---           FINANCIAL PROTOCOL .
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
             - AND GREECE
 ---pagebreak--- HIS MAJESTY THE KING OF THE BELGIANS ,
HER KAJESTY THE QUEEN OP DENI4ARK ,
THE PRESIDENT OF THE FEDERAL REPUBLIC OF GERMANY ,
THE PRESIDENT OF THE FRENCH REPUBLIC , _
THE PRESIDENT OF IRELAND ,
THE PRESIDENT OF THE ITALIAN REPUBLIC ,
HIS ROYAL HIGHNESS THE GRAND DUKE OF LUXEMBOURG ,
HER KAJESTY THE QUEEN OF , THE NETHERLANDS , .
r : 1 MAJESTY THE QUEEN OF THE UNITED KINGDOM OF GREAT BRITAIN
A'.'D NORTHERN IRELAND ,
cLwdj
1r.Z COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                       ♦
                          of the one part,'
THE PRESIDENT OF THE HELLENIC REPUBLIC , ,
                         of the other part ,
     3CIOUS of the need to promote the accelerated development
 cS the Greek economy with a view to facilitating the pursuit
 of the objectives of the Agreement establishing an Association
 between the European Economic Community and Greece ,
 HAVE DESIGNATED as their Plenipotentiaries :
 ---pagebreak---  HIS MAJESTY THE KING OP THE BELGIANS :
  HER MAJESTY THE QUEEN OF DENMARK :
  THE PRESIDENT OP THE FEDERAL REPUBLIC OP GERMANY :
                                     /
                                       »
  THE PRESIDENT OF THE FRENCH REPUBLIC :
  THE PRESIDENT OP IRELAND :
■ THE PRESIDENT OP THE ITALIAN REPUBLIC :
 ---pagebreak--- HI . ROYAL HIGHNESS THE GRAND DUKE 0? LUXEMBOURG :
      'AJESTY THE QUEEN OP THE NETHERLANDS :
HER MAJESTY THE QUEEN OF THE UNITED KINGDOM OP GREAT BRITAIN
AND NORTHERN ' IRELAND :
THE COUNCIL OF THE EUROPEAN COMMUNITIES :
THE PRESIDENT OF THE GREEK REPUBLIC :
WHO , having exchanged their Full Powers , found in good and
due form ,
HAVE AGREED AS FOLLOWS :   •                             •
 ---pagebreak---                                ARTICLE 1
       Within the framework of the Association between the
European Economic Community and Greece , the Community shall
participate on the terms set out in this Protocol in
measures designed to promote , by efforts additional to
those made by Greece itself , the accelerated development
of the Greek economy and the complementarity of Greek
agriculture with that of the Community .
                                ARTICLE 2
1.          For the purposes specified in Article 1 , and fofr a
   period expiring on 31 October 1981 , an aggregate amount
   of 280 million European units of account ( EUA ) may be
   committed as follows :
    ( a ) 225 million EUA in the form of loans from the
          European Investment Bank , hereinafter called the
          " Bank" , granted from its own resources on the terms
          set out' in its Statute ; •
    ( b ) 45 million EUA in the form of grants ;
    ( c ) 10 million EUA in the form of loans on special terns
          granted by the Bank acting on instructions from the
          Community .        ■ .. .
 ---pagebreak---   2.           Of the loans referred to in paragraph 1(a ), the
        interest rates for a maximum amount of 150 million EUA
        shall be subsidized at 35? per annum , financed by means of
        funds indicated in paragraph 1(b ), on the understanding
        that the cost to the Community of financing such subsidies
        may not exceed 30 million EUA .
' 3«           The following shall be eligible for financing by
        means of the loans referred to in paragraph 1(a ): capifat
               projects that have been submitted to the Bank by
      • the Greek State or , with the latter' s agreement , by public
        or . private undertakings having their seat or a place of
        business in Greece , and which :
        ( a ) further the realization of the the objectives of the
              Association Agreement ; and
        ( b ) help to increase productivity and to diversify the
              Greek economy , and promote in particular the improve --
              ment of the economic infrastructure of the country
              and the modernization of , its agriculture , while
              taking into account the objective of promoting the
              complementarity of Greek agriculture with that of
              the Community .
               Examination of the eligibility of projects and the
        granting of the loans referred, to in paragraph 1(a ) shall
        be undertaken in accordance with the detailed rules ,
        conditions and procedures laid down by the Bank 's Statute .
               The conditions governing amortization of each loan
     < shall be established on the basis of the economic and
        financial characteristics of the project to be financed .
 ---pagebreak---        The loans referred to in paragraph 1(a ) shall carry
 the same rate of interest as that applied by the Bank on
 the day cf signature of the loan agreement . However ,
 priority in granting loans receiving the interest rate
 subsidy of 355 referred to in paragraph 2 shall be given to
 economic infrastructure or agricultural development
 projects , and to the financing of industrial projects for
 small and medium-sized undertakings through the inter
 mediary of Greek development institutions .
       This list of sectors may be revised by agreement
 between the Community and Greece . .
       The non-returnable grants provided for in paragraph 1(b )
  are intended , in . addition to the financing of the interest
  rate subsidy on loans from the Bank , for technical
  co-operation projects , study projects , and projects for
 modernizing Greek agriculture .
                                  • \
          Requests for the financing of such projects shall
  be addressed by the Greek Government to the Community .
       The loans referred to in paragraph 1(c ) shall be
  granted for a period of 30 years , have a deferment of
  amortization of eight years and be subject' to interest at
  an annual rate of 2.52C . Investment projects submitted to
  the Bank by the Greek State and aimed at modernizing
  Greek agriculture shall be eligible for financing by
v means of these loans .     Loans in this category may be
  combined with the loans from . the Bank which are referred
  to in paragraph 1(a ).    -
 ---pagebreak---                               ARTICLE 3
1„        The amounts to be committed each year shall be
    distributed as evenly as possible throughout the period of
    application of this Protocol . During the initial period
    of application , however , a proportionately higher amount
    may , within reasonable limits , be committed .
2.        Any funds not committed may , by the end of the period
    referred to in Article 2(1 ), be used , until exhausted . In
    that case ,. the funds shall be used in accordance with the
    same arrangements as provided for in this Protocol .
                              ARTICLE M
      Aid from the Bank for the execution of projects may , with
the agreement of Greece , take the form of co-financing .
                            \
                      .       ARTICLE 5
                      * ~
      The execution , management and maintenance of schemes
which are the subject of financing under this Protocol shall
b " the responsibility of Greece or of the other beneficiaries
referred to in Article 2 .
      The Community shall ensure that its financial aid is
expended in accordance with the agreed allocations and to
th<2 best economic advantage .                      , ■ ■ • .
 ---pagebreak---                             ARTICLE 6
      Greece shall apply to contracts awarded for the execution
of projects financed under this Protocol fiscal and customs
arrangements at least as favourable as those applied in
respect of other international organizations .
      Greece shall take the necessary measures to ensure that
interest and all other payments due to the Bank in respect of
 loans accorded under this Protocol are exempted from any
national or local taxes or levies .
      For the measures referred to in Article 2(6 ) and ( 7 ),
participation in tendering procedures and other procedures
 for the award of contracts shall be open , on equal terms , to
 all natural or legal persons of the Member States and of
 Greece . However , for projects of a - scale sufficiently
'limited so that in practice they are of interest solely to
 Greek undertakings , an accelerated tendering procedure
 involving a shorter period for the submission of tenders
 for the placing of bids may be organized after approval by
 the appropriate Community body .
                             ARTICLE 7
                                           • /
      The loans may be used to cover expenditure on imports
 or the domestic expenditure required for carrying out
 approved capital projects , including expenditure on planning ,
 on the services of consulting engineers and on technical
 assistance .
 ---pagebreak---                              ARTICLE 8
      Where a loan is accorded to a beneficiary other than
the Greek State , the provision of a guarantee by the latter
may be required by the Bank as a condition of the grant of
the loan .
                             ARTICLE 9
       Throughout the duration of the loans accorded pursuant
to this Protocol , Greece shall undertake to make available
to debtors enjoying such loans or to the guarantors of the
loans the foreign currency necessary . for the payment of
interest , commission and other charges and for the repayment
of capital .
                            ARTICLE 10
       The results of financial co-operation may be examined
wi';hin the Association Council .
                            ARTICLE 11
       The Declaration- and the Exchange of Letters annexed to
tr.is Protocol shall form an integral part thereof .
                            ARTICLE 12
       This Protocol shall be annexed to the Agreement
      olishing an Association between the European Economic
     iunity and Greece .
 ---pagebreak---                             ARTICLE 13
1.       This Protocol shall be subject to ratification ,
   acceptance or approval in accordance with the Contracting
   Parties' own procedures ; the Contracting Parties shall
   notify each other that the procedures necessary to this
   end have been completed .
2.       This Protocol shall enter into force on the first
   day of the month following the date on which the
   notifications provided for in paragraph 1 have been given .
                            ARTICLE 14
     This Protocol xs drawn up in two copies in the Danish ,
Dutch , English , French , German , Italian and Greek languages ,
each of these texts being equally authentic .
 ---pagebreak---                                                     ANNEX
       Declaration of the European Economic Community
             on Article 2 of the Financial Protocol
1.       The European  unit of account used to express the
   amounts specified   in Article 2 of the Financial Protocol
   is defined as the   sum of the following amounts in the
   currencies of the   Member States of the Community :
         German mark             0.828
         Pound sterling          0.0885
         French franc            1.15
         Italian lira         109
         Dutch guilder         . 0.286
         Belgian franc           3.66
         Luxembourg franc        0.14
         Danish krone            0.217
         Irish pound             0.00759
2.       The value of the European unit of account in any
   given currency is equal to the sum of the equivalent in
   that currency of the amounts of currency referred to in
   paragraph 1 . It is calculated by the Commission using
   daily market exchange rates .
          The daily rates of exchange in the various national
    currencies are published in the Official Journal of the
   European Communities .
 ---pagebreak---                        EXCHANGE OF LETTERS
A. Letter from the Chairman of the Community delegation
   Sir ,
         I have the honour to inform you that the Community
   considers that the problem of the consequences of the
   possible accession of Greece to the Community for the
   provisions of the second EEC-Greece Financial Protocol
   shquld be dealt with in the framework of the accession
   negotiations .   In this respect , I must remind you of the
   general principle whereby no further financial commZft-xients
   under the Protocol may be undertaken from the date of
   the entry into force of the Accession Treaty .
         The accession negotiations must therefore include
   detailed rules to ensure a harmonious transition , as
   regards financial aid , from the regime of an associated
   country to that of a Member State with access , under the
   usual conditions , to the various Community funds and
   financial instruments.'                V ■
         I would be grateful if you would . acknowledge receipt
   of this letter .        . i                            ■■ •
         Please accept , Sir , the assurance of my highest
   consideration .      '                               -
                            ( s .) Chairman of the Community
                                        delegation
 ---pagebreak--- B. Letter from the Chairman of the Greek delegation
    Sir ,
          I have the honour to acknowledge receipt of your
    letter of today 's date in which you informed me of the
    following :
                "I have the honour to inform you that the
          Community considers that the problem of the consequences
          of the possible accession of Greece to the Community
          for the provisions of the second EEC-Greece Financial
          Protocol should be dealt with in the framework of the accession
          negotiations .   In this respect , I must remind you of
          the general principle whereby no further f inane ial ecnnj/f-
           orients   under the Protocol may be undertaken from the
          date of the entry into force of the Accession Treaty .
                The accession negotiations must therefore include
          detailed rules to ensure a harmonious transition , as
          regards financial aid , from the regime of an associated
          country to that of a Member State with access , under the
          usual conditions , to the various Community funds and
          financial instruments .
                  I would be grateful if you would acknowledge
          receipt of this letter ."
      Please accept , Sir , the assurance of my highest;
 consideration .
                              ( s . ) Chairman of the
                                  Greek delegation
 ---pagebreak---                       EXCHANGE OF LETTERS
                         ( unpublished )
Letter from the Chairman of the Community delegation
Sir ,               "
        In order to meet the concern expressed by the
  '•eek authorities , the Community will apply the provision
   > ntained in the second sentence of Article 3(1 ) of the
l rotocol with the maximum flexibility compatible with
the procedures and rules of the Community and of the Bank ,
particularly as regards the use of loans with interest
rate subsidies referred to in Article 2(2 ) of the Protocol
and of aids from budgetary resources as referred to in
Article 2(6 ) and ( 7 ).
        The examination of project applications may accordingly
begin as soon as the Protocol is signed so as to enable
financial co-operation to be implemented immediately after
it enters into force . However no financing decision may
be taken before the entry into force provided for in
Article 13 of the Protocol .
        I should be grateful if you would acknowledge receipt
of this letter .
        Please accept , Sir , the assurance of my highest
consideration .
                                 ( s „) Chairman of the
                                Community delegation
 ---pagebreak--- Letter from the Chairman of the Greek delegation
Sir ,
      I have the honour to acknowledge your letter of
today 's date in which you informed me of the following :
           " In order to meet the concern expressed by the
      Greek authorities , the Community will apply the
      provision contained in the second sentence of
      Article 3(1 ) of the Protocol with the maximum
      flexibility compatible with the procedures and rules
      of the Community and of the Bank , particularly as
      regards the use of loans with interest rate subsidies
      referred to in Article 2(2 ) of the Protocol and of
      aids from budgetary resources as referred to in
      Article 2(6 ) and ( 7 ).
           The examination of . project applications may
      accordingly begin as soon as the Protocol is signed so
      as to enable financial co-operation to be implemented
      immediately after it enters into force .       However no
      financing decision may be taken before the entry into •
      force provided for in Article 13 of the Protocol .
           I should be grateful if you would acknowledge
      receipt of this letter ."
      I have the honour to inform you that the Greek
delegation , for its part , expects the Community , in
appraising the flexibility which it is prepared to show in
applying Article 3(1 ) of the Protocol , not to overlook
the period of time which has. elapsed since the signing
of the Protocol .
      Please - accept , Sir , the assurance of my highest
consideration .                       ■      -
                                ( s .) Chairman of the
                                    Greek delegation
 ---pagebreak---                               FINANCIAL RECORD
                             for the 1977 Budget
A. PART 1 :   INTEHVENTION APPROPRIATICI
               ( for existing and new projects )
   1.  RELEVANT BUDGET HEADING CODE
       Article 9^2
   2.  TITLE OP BUDGET HEADING
       "Financial cooperation with certain non-member countries'*
   3.  LEGAL BASIS . '
       Article 238 of the EEC Treaty                                              , :
   4.  DESCRIPTION , OBJECTIVE(S ) AND JUSTIFICATION OF THE PROJECT
       Second financial protocol between EEC and Greece , signed
       28 February 1977 » annexed to the Association Agreemept between
       EEC and Greece .
   5.  APPROPRIATION ( in u.a.)
       No commitment will be made in the 1977 Budget under the head of
       the financial aid provided for in the financial protocol ( the
       budget heading concerned is a token entry ).      The budget appropriations   .
       may be used only from the 1978 financial year onwards , after the
       protocol has been ratified .      This protocol provides for a sum of
       55 million EUA to be committed up to 31 October 1981 from budget
       appropriations (with an additional 225 million EUA in loans from the
       EIB ).      The breakdown of this sum will be decided annually in the
       course of the budget procedure .                                         '
   6.  TTPE OF COBTROL TO BS APPLIED
       As laid down in the Financial Regulation of 25 April 1973 applicable
       to the General Budget of the European Coroiayaities *
 ---pagebreak--- FART 2 : ADDITIONAL LATA TO BE PROVIDED FOR A >IEW PROJECT
7.  COST OP THE PROJECT (FOR THE WHOLE OF ITS EXPECTED DURATION)
    55 million SUA charged against the Community Budget for the vnole
    duration of application of the protocol , i„e » UT> to 31 October I98I .
8.  INFORMATION' REGARDING STAFFING AND THE APPROPRIATIONS FOR
    ADMINISTRATIVE EXPENDITURE NECESSARY FOR THE IMP LESSEE"? ATIO!!
    OF THE PROJECT
    The project will be implemented within the framework of the
    Commission 's establishment plan.
9.  PROJECT FINANCED FROM :
    The financial aid for the total duration of the financial protocol
    will "be financed from Community Budget appropriations ( 55 Billion EUA )
    and EIB own resources ( 225 million EUA )„
    The budget appropriations will be broken i'.r, n* as follows s
    10 million EUA in the form of special lo&usi
    45 million EUA in the form of grants .