title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of a supplementary protocol to the Agreement establishing an Association between the European Economic Community and the Republic of Malta (presented by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (88) 581
Vol. 1988/0197
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
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Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
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Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
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on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
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Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444 vom      13.   März 2015     über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- | COMMISSION OF THE EUROPEAN COMMUNITIES
i
1
i
:                                            COM ( 88 ) *) °  final
!                                            Brussels , 13 October 1988
                                RECOMMENDATION
                            FOR A COUNCIL DECISION
           on the conclusion of a supplementary protocol to the
             Agreement establishing an Association between the
                         European Economic Community
                          and the Republic of Malta
1
                       ( presented by the Commission )
                         «20  A     General
                                               |3
                                             ySj0/
  !
 ---pagebreak---                                                              /■
                                                                ~py S f ■*
                                                                           P
                                                                  \
1-       At its meeting on 25 November 1985 , the Council adopted negotiating
directives authorizing the Commission to open negotiations with the Republic
of Malta with a view to concluding a Protocol laying down the conditions and
procedures for the implementation of Article 2 of the EEC-Malta Association
Agreement and adapting the Agreement to take account of the enlargement of
the Community .
2.       On the 8 April 1986, the Council decided negotiating directives
complementary to those of 26 November 1985 following a Presidence 's compro-
mi se .
3.       On the basis of these negotiating directives , there were three
rounds of negotiations between the Community and Malta between December 1985
and June 1988 . The Heads of the respective Delegations initialled the draft
of the protocol and annexes , that form an integral part of this Protocol ,
on the 7 June 1988 .
4.       The Protocol conforms entirely to the Council directives as regards
the agricultural concessions granted by the Community to Malta .
5.       The Commission recommends to the Council that it approve this protocol
and implement the procedure for signing and concluding .
         It therefore submits :
- recommendation for decision by the Council on the conclusion of the Protocol
   to the Association Agreement between the European Economic Community and
   the Republic of Malta ;
- the initialled draft of the protocol with its annexes .
 ---pagebreak---                                     RECOMMENDATION
                                FOR A COUNCIL DECISION
                  on the conclusion of a supplementary protocol to
               the Agreement establishing an Association between the
               European Economic Community and the Republic of Malta
 THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community , and
 in particular Article 238 thereof ,
 Having regard to the recommendation from the Commission ,
 Having regard to the opinion of the European Parliament ,
 Whereas it is necessary to approve a supplementary protocol to the Agreement
establishing an Association between the European Economic Community and the
 Republic of Malta , and adapting certain provisions of the Agreement signed
at La Valetta 5 December 1970 ( 1 );
HAS DECIDED AS FOLLOWS :
                                      Article 1
The supplementary protocol to the Agreement establishing an Association
between the European Economic Community and the Republic of Malta and
adapting certain provisions of the Agreement and declarations annexed
thereto are hereby approved on behalf of the Community . The text of the
Protocol is attached to this Decision ( 2 ).
                                      Article 2
The President of the Council shall give the notification provided for in
Article 5    of the Protocol ( 2 ).
( 1 ) O.J. N° L 61 / 1
( 2 ) The date of entry into force of the Protocol will be puclished in the
      Official Journal of the European Communities by the General Secretariat
      of the Council .
 ---pagebreak---                                      - 2 -
                                   Artide 3
                                                                                i
This Decision shall take effect on the day following its publication in the     1
Official Journal of the European Communities .                                  '
Done at Brussels,                                                               I
                                           For the Council
                                            The President
                                                                            4
                                                                              r
                                                                              t
 ---pagebreak---           •S': ^ cpleroantary Pr-ot.ocoi
o zne Agreement establishing an Association
 between the European Economic Cosamunit y
        and the Republic of Malta
 ---pagebreak--- THE COUNCIL OF EUROPEAN COMMUNITIES ,
of the one part ,
and THE GOVERNMENT OF THE REPUBLIC OF MALTA
of the other part ,
Having regard to the Association Agreement between the European
Economic Community and the Republic of Malta signed at Valletta
on   5 December 1970 , hereinafter referred to as the "Agreement ",
Considering that trade arrangements between the Community and
Malta have been governed by a system of autonomous arrangements
since 1 January 1981 ,
Considering that the Community and Malta wish to strengthen still
further their relations in order to take account of the new di¬
mension created by tne accession to the European Communities of
Spain and Portugal on 1 January 1986 , and that Article 17 of the
Protocol to the Agreement signed on 4 March 1976 provides for the
possibility of improvements in its rules applying to agricultural
products ,
Considering that there is also room for improvement of other
provisions of the Association Agreement ,
Considering that certain measures should be taken to allow
Malta' s traditional export trade with the Community to be main¬
tained ,
 ---pagebreak---                                   2
 Have accordingly decided to conclude a Protocol extending the
 first stage of the Agreement establishing an association between
 the European Economic Corrcnunity and Malta , signed in Valletta on
 5 December 1970 , and adapting certain provisions of this Agree¬
 ment , and to this end have designated as their Plenipotentiaries
THE COUNCIL OF THE EUROPEAN COMMUNITES :
THE GOVERNMENT OF THE REPUBLIC OF MALTA :
WHO , having exchanged their full powers , found in good and due
form ,
HAVE AGREED AS FOLLOWS    :
                              Article 1
1.         The first stage of the Agreement establishing an Associ¬
ation between the European Economic Community and Malta is hereby
extended until 31 Decemoer 1990 .
2.         Twelve months before the end of the first stage extended
as above , negotiations shall take place to define the content of
the second stage in accordance with the provisions of the Agree¬
ment .
3.           Notwithstanding the expiry of the first stage on 31
December 1990     , the provisions of Article 2 shall continue to
apply .
 ---pagebreak---                                 3
                            Article 2
1.       Customs duties applicable under the Agreement to imports
into the Community of products originating in Malta and listed in
Annex I to this Protocol , shall be phased out over the same pe¬
riods and at the same rates as provided in the Act of Accession
of Spain and Portugal in respect of imports into the Community,
as constituted on the    31 December 1985 , of the same products
from Spain and Portugal . This provision shall be applied in ac¬
cordance with the rules set out below in this Article .
         When the level of customs duty in force for imports into
the Comnunity, as constituted on 31 December 1985 , from Spain
differs from that for Portugal , products originating in Malta
shall be subject to the higher of the two rates *
2.        Where the customs duty on a product is lower for Malta
than for Spain , Portugal or both , phasing out of the duty shall
commence once the duty on the product from both Spain and
Portugal has fallen below that applying to imports originating in
Malta .
3.       For the purpose of eliminating customs duties reference
quantities are established in Annex I for certain products origi¬
nating in Malta .
         Should imports of these products exceed the reference
quantity the Conmunity, having regard to the annual review of
trade flows which it shall carry out , may make the products in
question subject to a Community tariff quota, the volume of which
shall be equal to the reference quantity.
                                                                  /
                                                                    8
 ---pagebreak---                                      4
    4.            For products listed in Annex I , other than those
   referred to in paragraph 3 , the Community may establish a
   reference quantity as provided for in paragraph 3 if it
   discovers , in the light of the annual review of trade flows which
   it shall carry our , that the volume of imports threatens to cause
   difficulties on the Community market .
                               Article 3
   1.            The goods mentioned    below, which result    from the
   transformation of agricultural products , originating in   Malta , are
   admitted with exemption from the fixed component           which is
   otherwise imposed on the import of such products           into the
   Community :
         Heading in the
         the C.N.   code             Description of the goods
             17.04.10            Chewing gum , whether or not
                                 sugar coated
        ex . 17.04.90.51         Sugar fondant , composed of a
                                 blend of sucrose , glucose syrup
                                 ( ratio 4/ 1 ) and water
   2.         The goods referred to in paragraph 1 are deleted frOm
   List A of Annex I to the Agreement .
                                                                            9
!Й                                                                        /
 ---pagebreak---                                  5
                             Article 4
1.         A Trade and Economic Cooperation Committee shall be set
up for the purpose of improving the operation of the institu¬
tional mechanisms of the Agreement .
          The Committee shall at the technical level facilitate
- the regular exchange of information on trade and production
   data and forecasts ;
- the regular exchange of information on the             scope  for
   cooperation in areas covered by the Agreement ;               \
          The chairmanship of this Committee is exercised in turn
by a representative of the Commission of the European Communities
and a representative of Malta .
2.            The Association Council shall lay down as soon as
possible the composition and the procedure of this Committee in
application of Article 14 paragraph 3 of the Agreement .
                             Article 5
1.      This Protocol and its Annexes shall form an integral part
of the Association Agreement between the European Economic
Community and the Republic of Malta .
 ---pagebreak---                                    6
 2.       This Protocol shall require ratification , acceptance or
approval in accordance with the procedures in force in each of
the Contracting Parties who shall notify each other of the
completion of the procedures necessary to that end .
3.       This Protocol shall enter into force on the first day of
the second month following the date on which the notifications
referred to in paragraph 2 have been effected .
                             Article 6
         This Protocol is drawn up in twD copies in the Danish ,
Dutch , English , French , German , Greek , Italian , Portugese and
Spanish languages , each of these texts being equally authentic .
In witness whereof , the undersigned Plenipotentiaries         have
affixed their signatures below this Protocol .
Done at Brussels ,
For the Council of the European Corrrnunities ,
For the Government of the Republic of Malta ,
 ---pagebreak---                                                       ANNEX I
          C.N.                             Description
          Code
  06.02               Other live plants , including trees , shrubs ,
                      bushes , roots , cuttings and slips , mushroom spawn
  06 . 03             Cut flowers and flower buds of a kind suitable
                      for bouquets or for ornamental purposes , fresh ,
                      dried , dyed , bleached , impregnated or otherwise
                      prepared :
  06.03.10            - fresh
  07.01               Potatoes , fresh or chilled :
   07.01.90           - Other
                      – Other
                      - New :
   07.01.90.51        - From 1 January to 15 May ( 1 )
 ex 07.01.90.59       - From 16 May to 30 June
                            - From 16 May to 31 May ( 1 )
   07.03              Onions , shallots , garlic , leeks and other
                      alliaceous vegetables , fresh or chilled :
   07.03.10           - Onions and shallots :
                      – Onions :
 ex 07.03.10.11       - Sets :
                            - From 1 July to 31 July
 ex 07.03.10.19       - Other :
                            - From 1 July to 31 July
   07.07.00           Cucumbers and gherkins , fresh or chilled :
                      - Cucumbers :
 ex 07.07.00.11       – From 1 November to 15 May
                          - Small cucumbers , from 1 January to end
                            February ( 2 ) ( 3 )
   07.09              Other vegetables , fresh or chilled :
 ex 07.09.10.00       - Globe artichokes
                         - From 1 October to 31 December
  ex 07.09.20.00      - Asparagus
                         - From 1 November to end February
   08.05              Citrus fruit , fresh or dried                      ^
   08.05.10            - Oranges
   08.05.10.11 to      – Sweet oranges fresh
   08.05.10.49
( 1 ) Global reference quantity of 3.000 tons
( 2 ) Reference quantity of 50 tons                 .
( 3 ) Small cucumbers are of a length not exceeding 15 cm .
 ---pagebreak---                                  a
                                                   ANNEX II
           JOINT DECLARATION BY THE CONTRACTING PARTIES
                    ON ARTICLE 2 OF THE PROTOCOL
                 ( to be annexed to the Protocol )
         The Contracting Parties are agreed that should the entry
into force of the Protocol not coincide with the start of the ca¬
lendar year the quantitative limits referred to in Article 2 of
the said Protocol shall be applied on a pro rata basis .
         The Contracting   Parties are   further agreed that the
charging against quantitative limits of Comnunity imports of pro¬
ducts originating in Malta and subject to such limits under the
Protocol shall begin on 1 January of each year .
 ---pagebreak---                                  9
                                                 ANNEX III
           JOINT DECLARATION BY THE CONTRACTING PARTIES
 CONCERNING NEW POTATOES FALLING UNDER THE COMBINED NOMENCLATURE
                  CODES 07019051 AND ex . 07019059
         To avoid disturbance on the Community market , the
Contracting Parties agree to meet within an Advisory Working
Party to examine the situation on the potato markets ( state of
harvests and supply situation ) both in the Community importing
countries and in the Mediterranean exporting countries .        The
members of this Working Party will be designated by the govern¬
ments of the main exporting and importing countries .
         The working party , chaired by the Commission , would meet
at least three times a year and in particular before sowing takes
place in the exporting countries , and at the time of deliveries .
         These meetings would enable the main potato-exporting
countries to be informed about the receiving markets and about
competing markets ,  and their purposes would be to draw up
indicative export timetables designed to prevent deliveries being
concentrated around sensitive periods for the Community market .
 ---pagebreak---                                    10
                                                           ANNEX IV
                                  DECLARATION
          BY THE REPRESENTATIVE OF THE FEDERAL REPUBLIC OF GERMANY
                   ON THE DEFINITION OF GERMAN NATIONALITY
Every German person , within the meaning of the basic constitutional law
applying in the Federal Republic of Germany , is considered as a national of
the Federal Republic of Germany .
 ---pagebreak---                                          11
                                                      ANNEX V
                                  DECLARATION
           BY THE REPRESENTATIVE OF THE FEDERAL REPUBLIC OF GERMANY
                 ON THE APPLICATION OF THE PROTOCOL TO BERLIN
 The Protocol shall also apply to Land Berlin provided that no statement to
 the contrary by the Government of the Federal Republic of Germany is
 addressed to the other Contracting Parties within three months of the entry
 into force of the Protocol .
                                      *
Ж
 ---pagebreak---                                                                 Annex VI
                            EXCHANGE OF LETTERS
Exchange of letters between the European Community and the Republic of
Malta concerning imports into the Community of beer made from malt
originating in Malta
 ---pagebreak--- Télégraphie Address :
MALTAREP BRUSSELS                                                        EMBASSYOF MALT A
® (0?) 343 01 95                                                         Rue Jules Lejeune 44
Telex : 26616 MTABRU B                                                   1060 Brussels
Our Ref :
                                                                        6 June 1988
Your Ref :
            Mr. E. Rhein
            Director
            Directorate-General for External Relatione
            Commission of the European Communities
            Rue de la Loi      200
             1049            BRUSSELS
            Sir ,
                         I have the honour to acknowledge receipt of your letter
            of today 's date , which reads as follows :
                  "   1.    By way of derogation from Article 4 of the Additional
                      Protocol signed on 27 October 1977 » and in regard to the
                      malt , beers falling under heading n° 22.03.00 of the
                      Combined Nomenclature Code and originating in the Republic
                      of Malta , the Community will open an annual duty free tariff
                      quota of 5*000 HI .
                      2.    The date for the opening of the quota referred to in
                      paragraph 1 will be the date of entry into force of the
                      Supplementary Protocol between the European Economic
                      Community and the Republic of Malta .
                      3.    If the date for the opening of the quota referred to in
                      paragraph 1 does not coincide with the beginning of the
                      oalendar year, it shall be opened pro rata temporis .
                      4 . In exchange and by way of derogation from Article 8
                      paragraph 1 of the Additional Protoool signed on 27 October
                      1977 , the Republic of Malta will reduce , for the product
                      referred to in paragraph 1 of the present letter and originating
                      in the Community the tariff duties presently required of :
                                        - 19.50 LM per HI in tanks or casks
                                        - 22.00 LM per HI in bottles or tins
                                                                                V
                      by 10$.
                                                                             s •// mC.^
                                                                                18
 ---pagebreak--- Our Bel . :                     Dale    6/6/88           Shctl N 2        tîmbassy ol Malta , Brusscls
                 5.       The date of reducing the tariff duties referred to in
                 paragraph 4 will be the date of entry into force of the
                 Supplementary Protocol between the European Economic Community
                 and the Republic of Malta .
                 6.       The Government of Malta undertakes that no action will
                 be taken which would lead to any reduction of current levels
                 of malt beer imports from the Community .
                 7.       In order to put these concessions into operation , I
                 would be pleased if you could confirm the acceptance by the
                 Government of Malta of the conditions mentioned in this
                 letter . "
                          I have the honour to inform you that my Government is
            in agreement with the contents of your letter.
                          Please accept , Sir , the assurance of my highest consideration .
                                                                   Joseph Licari
                                                                   Ambassador
                                                                                19
 ---pagebreak---                        COMMISSION                                    Brussels                      7 June 1988
                       DES COMMUNAUTÉS                                      RDM/ nm
                       EUROPÉENNES
           Direction générale
           Relations extérieures
               I -G - I
                                                                            H.E. Mr. J.         LICARI
                                                                            Ambassador
                                                                            Head of the Mission of
                                                                              Malta to the European
                                                                              Communities
                                                                            rue Jules Lejeune , 44
                                                                            1060         BRUSSELS
        Your Excellency ,
                         I have the honour to inform you of the following :
         1.                 By way of derogation from Article 4 of the Additional
        Protocol signed on 27 October                                  1977 ,      and in regard to the malt
        beers falling under heading n° 22.03.00 of the Combined Nomen¬
        clature Code and originating in the Republic of Malta , the
        Community will open an annual duty free tariff quota of 5.000 Hi .
        2.                  The date for the opening of the quota referred to in
        paragraph 1 will be the date of entry into force of the
        Supplementary Protocol between the European Economic Community
        and the Republic of Malta .
        3.                If the date for the opening of the quota referred to in
        paragraph 1 does not coincide with the beginning of the calendar
        year , it shall be opened pro rata temporis .
        4.                     In exchange and by way of derogation from Article 8
        paragraph 1 of the Additional Protocol signed on 27 October 1977 ,
        the Republic of Malta will reduce , for the product referred to in
        paragraph 1 of the present letter and originating in the
        Community the customs duties presently required of :
                         19.50 LM per Hi in tanks or casks
                         22.00 LM per Hi in bottles or tins
        by 10%
        5.                  The date of reducing the customs duties referred to in
        paragraph 4 will be the date of entry into force of the
        Supplementary Protocol between the European Economic Community
        and the Republic of Malta .
                                                                                standard 235 11 11
Adresse provisoire Rue de la Loi 200 • B-1049 Bruxelles - Belgique - Téléphone ligne directe 23
Télex COMEU B 21877 - Adresse télégraphique COMEUR Eruxe.let
 ---pagebreak---                                  -2-
6.      The Government  of Malta   undertakes  that no action will be
taken which would lead to any reduction of current levels of malt
beer imports from the Community .
7.      In order to put these concessions into operation , I would
be pleased if you could confirm the acceptance by the Government
of Malta of the conditions mentioned in this letter .
        Please accept ,   Your   Excellency ,  the  assurance  of  my
highest consideration .
                                        <Vu
                                      E. Rhein
                                       Head of
                              the Community Delegation
 ---pagebreak---                                  FICHE FINANCIERE
1 . Ligne budgétaire concernée : Titre I " Ressources propres "
2 . Intitulé de l' action : conclusion d' un protocole complémentaire à l' accord
    créant une association de la Communauté économique européenne et la
    République de Malte
3 . Base juridique : Article 238 du Traité CEE
4 . Objectif de l' action : extension de la première étape de l' accord d' Asso ¬
    ciation entre la Communauté économique européenne et la République de
    Malte jusqu' au 31 décembre 1990 .
    Elimination progressive des droits de douane à partir de l' entrée en
    vigueur'du protocole suivant le calendrier fixé dans l' acte d' adhésion
    de l' Espagne et du Portugal à la Communauté sur certains produits agricoles
    exportés par Malte .
5 . Incidences financières : Exercice 1989 et suivants
    – perte progressive des recettes douanières atteignant plus ou moins
      200.000 ECUs ( estimation basée sur les importations des produits agricoles
      concernés par la Communauté )
                                                                                22


RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE COMMISSION TO NEGOTIATE A FRAMEWORK AGREEMENT FOR SCIENTIFIC AND TECHNICAL COOPERATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY, THE EUROPEAN ATOMIC ENERGY COMMUNITY AND THE REPUBLIC OF ICELAND


Recommendation for a Council Decision authorising the Commission to negotiate an Agreement on Fisheries with Canada


RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE COMMISSION TO NEGOTIATE, ON BEHALF OF THE COMMUNITY, THE CONVENTION FOR THE PROTECTION OF THE RHINE AGAINST THERMAL POLLUTION


title: RECOMMENDATION FOR A COUNCIL DECISION ON THE CONCLUSION OF AN ADDITIONAL PROTOCOL TO THE COOPERATION AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE REPUBLIC OF TUNISIA

text:
21. 4. 87                             Official Journal of the European Communities                                   No C 104/23
              Recommendation for a Council Decision on the conclusion of an Additional Protocol to the
              Cooperation Agreement between the European Economic Community and the Republic of
                                                           Tunisia
                                                      COM(87) 7 final
                             Submitted  by the Commission    to the Council on 14 January 1987
                                                       (87/C 104/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Republic of Tunisia is hereby approved on behalf of
                                                                  the Community. The text of the Protocol is attached
Having regard to the Treaty establishing the European             to this Decision (2).
Economic Community, and in particular Article 238
thereof,
Having regard to the recommendation from the Com-
mission,
                                                                                Article 2
Having regard to the opinion of the European Parlia-
ment,
                                                                  The President of the Council shall give the notification
Whereas it is necessary to approve an Additional Proto-           provided for in Article 5 of the Protocol.
col to the Cooperation Agreement between the Euro-
pean Economic Community and the Republic of Tuni-
sia (1), signed in Tunis on 25 April 1976,
HAS DECIDED AS FOLLOWS:                                                                        Article 3
                           Article 1
                                                                  This Decision shall take effect on the day following its
The Additional Protocol to the Cooperation Agreement              publication in the Official Journal of the European
 between the European Economic Community and the                  Communities.
                                                                   (2) The date of entry into force of the Protocol will be published
                                                                       in the Official Journal of the European Communities by the
  0) OJ No L 169, 26. 6. 1978.                                         General Secretariat of the Council.
 ---pagebreak--- No C 104/24                             Official Journal of the European Communities                                        21. 4. 87
                                                   ADDITIONAL P R O T O C O L
              adapting the Cooperation Agreement between the European Economic Community and the
                                                         Republic of Tunisia
              THE EUROPEAN ECONOMIC COMMUNITY,
              of the one part, and
             THE REPUBLIC OF TUNISIA,
             of the other part,
             HAVING REGARD TO the Cooperation Agreement between the European Economic Community and the
             Republic of Tunisia, signed at Tunis on 25 April 1976, hereinafter referred to as the 'Agreement',
             CONSIDERING that the Community and Tunisia wish to strengthen still further their relations in order to
             take account of the new dimension created by the accession to the European Communities of Spain and
             Portugal, on 1 January 1986, and that Article 54 of the Agreement provides for the possibility of improvements
             in its terms,
             CONSIDERING that certain rules should be foreseen to enable the traditional export trade of Tunisia with
             the Community to be maintained,
             HAVE ACCORDINGLY DECIDED to conclude a Protocol adapting certain provisions of the Agreement,
             and to this end have designated as their Plenipotentiaries:
             THE COUNCIL OF THE EUROPEAN COMMUNITIES,
             THE GOVERNMENT OF THE REPUBLIC OF TUNISIA,
             Who having exchanged their Full Powers, found in good and due form,
             HAVE AGREED AS FOLLOWS:
                           Article 1                                    Community tariff quotas are indicated in the said
                                                                        Annex shall be eliminated progressively within the
1.    Customs duties applicable under the Agreement                     limits of such quotas.
to imports into the Community of products originating                   Once the volume of imports of these products exceeds
in Tunisia covered by the Agreement and listed in the                   the quotas, the Community shall apply the customs
Annex to this Protocol shall be phased out progressively                duties prevailing under the Agreement.
over the same periods and at the same rates as provided                 5.     For the purposes of eliminating customs duties
in the Act of Accession of Spain and Portugal in respect                for new potatoes falling under the Common Customs
of imports into the Community as constituted on 31                      Tariff heading number 07.01 A II ex a) originating
December 1985 of the same products from Spain and                       in Tunisia, a reference quantity of 2 600 tonnes is
Portugal. This provision shall be applied in accordance                 established.
with the rules hereinafter set out in this Article.
                                                                        Should the volume of imports of this product exceed
                                                                        the reference quantity, the Community, having regard
                                                                        to an annual review of trade flows which it shall carry
In the course of this progressive elimination of customs
                                                                        out, may make the product in question subject to a
duties and where the level of customs duty in force
                                                                        Community tariff quota as provided for in paragraph
for imports into the Community as constituted on 31
                                                                        4, the volume of which shall be equal to the reference
December 1985 from Spain differs from that for Portu-
                                                                        quantity.
gal, products originating in Tunisia shall be subject to
the higher of the two rates.                                            6.     For the products listed in the Annex other than
                                                                        those mentioned in paragraphs 4 and 5, the Community
                                                                        may establish a reference quantity as provided for in
2.    Where the customs duty on a product, listed in                    paragraph 5 if it discovers, in the light of the annual
the Annex, is lower for Tunisia than for Spain, Portugal                review of trade flows which it shall carry out, that the
or both, elimination of the duty shall commence once                    volume of imports threatens to cause difficulties on the
the duty on the same product from both Spain and                        Community market.
Portugal has fallen below that applying to imports
originating in Tunisia.                                                                            Article 2
                                                                         1.    For 1990 and for each successive marketing year,
                                                                        the Community shall decide, on the basis of the statisti-
3.    The provisions of paragraphs 1 and 2 shall apply                  cal review and analysis referred to in paragraph 2
within the limits and the special conditions foreseen for               below, and taking into account factors relevant to the
the tariff reductions laid down in Articles 19 and 21 of                objective of maintaining traditional trade flows in the
the Agreement.                                                          context of enlargement, whether to adjust the entry
                                                                        price, referred to in Regulation (EEC) No 1035/72, for
                                                                         fresh oranges falling within heading No 08.02 ex A of
4.    Customs duties on imports of products originating                 the Common Customs Tariff originating in Tunisia,
in Tunisia listed in the Annex in respect of which                       within a quantitative limit of 28 000 tonnes.
 ---pagebreak--- 21. 4. 87                            Official Journal of the European Communities                            No C 104/25
2.     From 1987 onwards and at the end of each market-            The tariff exemption provided for in this paragraph
ing year, the Community shall carry out, on the basis              shall apply once the exchange of letters referred
of a statistical review, an analysis of the situation for          to in the first subparagraph has been concluded
oranges originating in Tunisia exported to the Com-                following verification of the equivalence of Tunisian
munity.                                                            and Community legislation with regard to wine
                                                                   entitled to a designation of origin; it shall apply
For this same product, from 1989 onwards and for each              from the date fixed in that exchange of letters.
subsequent year, the Community shall draw up together
with Tunisia, a forecast of production and deliveries.
                                                                   4.     For wine of fresh grapes falling within heading
3.     The possible adjustment provided for in para-               No ex 22.05 of the Common Customs Tariff pre-
graph 1 refers to the sum to be deducted, in respect of            sented in containers of two litres or less, the fixed
customs duty, from the representative prices recorded              amount added to the price referred to in Article 17
in the Community for the purpose of calculating the                of Regulation (EEC) No 337/79 on the common
entry price of this product, within the limits set out in          organization of the market in wine shall be phased
Article 152(2) of the Act of Accession of Spain and                out at the rate indicated below within the limit of
Portugal.                                                          an annual volume of 10 000 hectolitres:
                                                                   On the entry into force of the Additional Protocol
                                                                   the fixed amount shall be reduced to 75 %
                          Article 3                                on 1 January 1988 the fixed amount shall be reduced
                                                                   to 62,5 %
Article 20 of the Agreement is replaced by the fol-                on 1 January 1989 the fixed amount shall be reduced
lowing:                                                            to 50 %
                                                                   on 1 January 1990 the fixed amount shall be reduced
     Article 20                                                    to 37,5 %
     '1.     Customs duties on imports into the Com-               on 1 January 1991 the fixed amount shall be reduced
     munity of wine of fresh grapes falling within head-           to 25 %
     ing No ex 22.05 of the Common Customs Tariff                  on 1 January 1992 the fixed amount shall be reduced
     originating in Tunisia applicable at the time of entry        to 12,5%
     into force of the Additional Protocol dated... shall          on 1 January 1993 the fixed amount shall be reduced
     be phased out in accordance with the rules set out            to0%.
     in Article 1 of that Protocol.
     This provision shall apply within the limit of a              5.     The Community may fix a special frontier
     Community tariff quota of 160 000 hectolitres.                price for wine of fresh grapes falling within heading
                                                                   No ex 22.05 of the Common Customs Tariff pre-
     Customs duties on imports of the said wines into the          sented in containers of more than two litres if for
     Community shall be reduced by 8 0 % for imports in            the marketing year current at the entry into force
     excess of the quota.                                          of the Additional Protocol, it is established on the
                                                                   basis of information available at the end of this
     2.     The provisions of paragraph 1 shall apply              current marketing year that there is a fall in the
     provided that the import prices of wine originating            level of exports of these wines to the Community
     in Tunisia plus the customs duties actually levied            compared to the previous marketing year. This lat-
     are not less at any given time than the Community              ter marketing year shall serve as a reference year.
     reference prices or the prices resulting from the              For subsequent marketing years, the exports made
     application of the specific provisions of paragraph 4          shall be compared to the reference year.
     and 5.
                                                                    Such special frontier price shall be fixed each year
      3.     Wine of fresh grapes falling within heading            before the marketing year and shall apply within
      No ex 22.05 of the Common Customs Tariff orig-                the limit of an annual volume of 150 000 hectolitres.
      inating in Tunisia which is entitled to a designation
      of origin under Tunisian law, listed in exchange of
      letters concluded between the Contracting Parties             The situation shall be reviewed before 1 January
      and put up in containers holding two litres or less,          1990.'
      shall be exempt from customs duties on importation
      into the Community within the limit of an annual
      Community tariff quota of 50 000 hectolitres.
      For the purposes of applying this paragraph, Tuni-                                  Article 4
      sia shall be responsible for verifying the identity of
      the above wines in accordance with its national
      rules; all the wine concerned shall be accompanied        1.     For each marketing year during the period
      by a certificate of designation of origin issued by       between the date of entry into force of this Protocol
      the relevant Tunisian authority, in accordance with       and 31 December 1990, within the limit of a quantity
      the model given in Annex D to this Agreement.             of 46 000 tonnes per marketing year, by derogation
 ---pagebreak--- No C 104/26                         Official Journal of the European Communities                                21. 4. 87
from Article 16 (1) and (2) and Annex B of the Agree-          2.    The Cooperation Council shall determine as soon
ment, a special levy shall be charged on imports of            as possible the composition of this Committee and
unprocessed olive oil falling within subheading 15.07 A        how it shall function, in accordance with Article 46
I a) or b) of the Common Customs Tariff wholly                 paragraph 3 of the Agreement. It may also decide,
obtained in Tunisia and transported direct from that           where appropriate, upon the submission of reports to
country to the Community. This levy shall be equal             the Council by the Committee.
to the difference between the threshold price fixed
in accordance with Articles 4, 9 and 10 of Council
Regulation No 136/66/EEC and the free-at-frontier
                                                                                Article 6
price fixed in accordance with the procedure referred
to in Article 38 of this Regulation.
                                                               The Community and Tunisia shall as from 1995 exam-
2.    When determining the free-at-frontier price              ine the results of the cooperation between the Contract-
referred to in paragraph 1, the Community shall take           ing Parties in order to appraise the situation and the
into consideration:                                            future development of their relations in the light of the
                                                               objectives defined in the Agreement.
— the price guaranteed by the Tunisian Government
    to its producers,
— the cost involved in transporting the olive oil cif to                                Article 7
    the Community frontier crossing point.
Prices shall be adjusted to take account of any differ-        This Protocol shall form an integral part of the Cooper-
ences in quality by comparison with the designation or         ation Agreement between the European Economic
quality for which the threshold price was fixed.               Community and the Republic of Tunisia.
3.    Before 30 June 1990 the Community and Tunisia
will, taking the Community's policy in this sector into                                 Article 8
account, review the arrangements to be applied as from
1 January 1991.                                                1.    This Protocol shall be ratified, accepted or
                                                               approved by the Contracting Parties in accordance with
                                                               their own procedures; the Contracting Parties shall
                                                               notify each other of the completion of the procedures
                                                               necessary to that end.
                         Article 5
1.    A Trade and Economic Cooperation Committee               2.    This Protocol shall enter into force on the first
shall be set up for the purpose of improving the oper-         day of the month following the said notification.
ation of the institutional mechanisms of the Agreement.
The Committee shall facilitate:                                                          Article 9
— the regular exchange of information on trade and
                                                               This Protocol is drawn up in duplicate in the Arab,
    production data and forecasts,
                                                               Danish, Dutch, English, French, German, Greek, Ital-
— the regular exchange of information on the possi-            ian, Portugese, and Spanish languages, each of these
    bilities for cooperation in areas covered by the           texts being equally authentic.
    Agreement.
                                                                In witness whereof, the undersigned Plenipotentiaries
The office of the Chairman of the Committee shall be            have hereunto set their hands.
held alternately by a representative of the Commission
of the European Communities and a representative of
Tunisia.                                                        Done at Brussels
                                     For the Council of the European     Communities
                                               For the Republic of Tunisia
 ---pagebreak--- 21. 4. 87            Official Journal of the European Communities                                     No C 104/27
                                              ANNEX
             CCT
          heading No                                       Description
               01.01   Live horses, asses, mules and hinnies:
                       A. Horses:
                           II. For slaughter (a)
                           III. Other
               07.01   Vegetables, fresh or chilled:
                           A. Potatoes:
                                II. New potatoes:
                                    ex a) from 1 January to 15 May('):
                                           — from 1 January to 31 March
                           F. Leguminous vegatables, shelled or unshelled:
                                I.  Peas:
                                     ex a) from 1 September to 31 May:
                                            — from 1 October to 30 April
                                II. Beans (of the species Phaseolus):
                                    ex a) from 1 October to 30 June:
                                           — from 1 November to 30 April
                           G. Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar
                                edible roots:
                                ex II. Carrots and turnips:
                                       — from 1 January to 31 March
                       ex H. Onions, shallots and garlic:
                                — Onions, from 15 February to 15 May
                       ex L. Artichokes:
                                — from 1 October to 31 December
                           M. Tomatoes:
                                ex I.   From 1 November to 14 May:
                                        — from 15 November to 30 April
                           S. Sweet peppers
               07.03   Vegetables provisionnally preserved in brine, in sulphur water or in other
                       preservative solutions, but not specially prepared for immediate consumption:
                       B. Capers
               07.05   Dried leguminous vegatables, chelled, whether or not skinned or split:
                       A. For sowing:
                           ex I. Peas (including stick peas) and beans (of the species Phaseolus):
                                    — Peas
                           ex III. Other:
                                    — Broad beans and horse beans
               08.02   Citrus fruit, fresh or dried:
                       ex A. Oranges
                                — Fresh (2)
                       ex B. Mandarines, including tangerines and satsumas; Clementines, wilkings or
                                other similar citrus hybrids:
                                — Fresh
                       ex C. Lemons:
                                — Fresh
 ---pagebreak--- No C 104/28                           Official Journal of the European Communities                                      21. 4. 87
                      CCT
                   heading No                                                Description
                       08.08             Berries, fresh:
                                         A. Strawberries:
                                             ex II. From 1 August to 30 April:
                                                     — From 1 November to 31 March
                   ex 08.09              Other fruit, fresh:
                                         — Melons, from 1 November to 31 May
                        12.03            Seeds, fruit and spores, of a kind used for sowing:
                                         E. Other (b)
                       16.04             Prepared or preserved fish, including caviar and caviar substitutes:
                                         E. Tunny
                       20.02             Vegetables prepared or preserved otherwise than by vinegar or acetic acid:
                                             A. Mushrooms
                                                — Cultivated mushrooms
                                                — Other
                                         ex C. Tomatoes:
                                                — Peeled tomatoes
                                             H. Other, including mixtures
                                                — Carrots and mixtures
                                                — Other
                       20.06            Fruit otherwise prepared or preserved, whether or not containing added sugar
                                        or spirit:
                                        B. Other:
                                            II. Not containing added spirit:
                                                a) Containing added sugar, in immediate packings of a net capacity of
                                                    more than 1 kg:
                                                    ex 7. Peaches and apricots:
                                                           — Apricots
                                                    ex 9. Mixtures of fruit:
                                                           — Fruit salad (•')
                                                b) Not containing added sugar, in immediate packings of a net capacity:
                                                    1. Of 4,5 kg or more:
                                                        ex aa) Apricots:
                                                                — Apricot halves
                                                                — Apricot pulp( 4 )
                                                    2. Of less than 4.5 kg:
                                                        ex bb) Other fruits and mixtures of fruit:
                                                             — Apricot halves, peach halves and nectarine halves
              Entry under this subheading is subject to conditions to be determined by the competent authorities of
             the Community.
         (b) This concession is solely for seeds complying with the provisions of the Directives on the marketing of
              seeds and plants.
         (') Reference quantity of 2 600 tonnes.
         (2) Within the limit of a Community tariff quota of 28 000 tonnes.
             In accordance with the conditions referred to in Article 19 of the Agreement.
             Within the limit of the tariff quota referred to in Article 21 of the Agreement.
 ---pagebreak--- 21. 4. 87                         Official Journal of the European Communities                            No C 104/29
              Joint Declaration by the Contracting Parties on Articles 1, 2, 3 and 4 of the Protocol
                                           (to be annexed to the Protocol)
          The Contracting Parties agree that should the entry into force of the Protocol not coincide
          with the start of the calendar year or, as the case may be, the seasonal year, the quantitative
          limits referred to in Articles 1 and 2 of the said Protocol shall be applied on a pro rata basis.
          The Contracting Parties further agree that the charging against quantitative limits of Com-
          munity imports of products originating in Egypt and subject to such limits under the Protocol
          shall begin on 1 January of each year, except in respect of oranges coming under heading
          No 08 02 ex A of the Common Customs Tariff, for which the date of 1 July shall apply.
          Joint Declaration by the Contracting Parties concerning new potatoes falling within heading
                                No 07.01 A II ex a) of the Common Customs Tariff
                                           (to be annexed to the Protocol)
          To avoid disturbance on the Community market, the Contracting Parties agree to meet
          within an advisory working party to examine the situation on the potato markets (state of
          harvests and supply situation) both in the Community importing countries and in the
          Mediterranean exporting countries. The members of this working party will be designated
          by the Governments of the main exporting and importing countries.
          The working party, chaired by the Commission, would meet at least three times a year and
          in particular before sowing takes place in the exporting countries, and at the time of deliveries.
          These meetings would enable the main potato-exporting countries to be informed both about
          the receiving markets and about competing markets, and their purpose would be to draw up
          indicative export timetables designed to prevent deliveries being concentrated around sensitive
          periods for the Community market.


title: Recommendation for a Council Decision Concerning the negotiation of a legal instrument enabling the European Economic Community to become a Contracting Party to the European Agreement on the Exchange of Therapeutic Substances of Human Origin. (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 754
Vol. 1978/0275
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                        COM(78)754 final.
                                        Brussels , 12 January 1979
               Recommendation for a Council Decision
     Concerning the negotiation of a   legal instrument enabling
     the European Economic Community   to become a Contracting
     Party to the European Agreement   on the Exchange of
     Therapeutic Substances of Human   Origin.
          ( submitted to the Council by the Commission)
     COMÍ 78 ) 754 final.
 ---pagebreak---                               EXPLANATORY MEMORANDUM
The European Agreement on the Exchange of Therapeutic Substances of Human .
Origin , open for signature by member countries of the Council of Europe as
from 15 December 1958 , was signed and ratified by all the Community Member
States between 1958 and 1964 .
Conceived in a spirit of European solidarity , this Agreement is a praise
worthy manifestation of the highest humanitarian motives .
These considerations apart , it should be noted that Article 5 of the Agree
ment provides that the Contracting Parties shall take all necessary measures
to exempt from all import duties the therapeutic substances placed at their !
disposal by the other Contracting Parties . This means in practice that
Member States must refrain from applying CCT duties C8.8 7.-9,6 % ) on the
Droducts concerned , which currently fall within sub-headings 30.01 B and
30.02 A of the Tariff .                                                       '
Since the Community , particularly as regards responsibility for tariff
matters , has taken the place of the Member States , it should join them in
concluding this Agreement in so far as the above-mentioned Article 5 is
concerned .
However , since only Member States of the Council of Europe may accede to     ;
the European Agreement on the Exchange of Therapeutic Substances of Human
Origin , a legal instrument is needed to enable the Community to become a    i
Contracting Party to the Agreement .
The Commission therefore recommends that the Council , by virtue of Article
113 of the Treaty , authorize it to negotiate a legal instrument enabling
the European Economic Community to conclude the European Agreement on the
Exchange of Therapeutic Substances of Human Origin along with its Member     i
States .
The text of Article 5 of the Agreement is given in the Annex to this draft
Council Decision .                     ■
 ---pagebreak---                    recommendation for a Council Decision
           on the negotiation of a Legal instrument enabling the
           European Economic Community to become a Contracting
           Party to the European Agreement on the Exchange of
                Therapeutic Substances of Human Origin
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community
and in particular Article 113 thereof ,
Having regard to the recommendation from the Commission,
Whereas the European Agreement on the Exchange of Therapeutic Substances of
Human Origin , drawn up on the initiative of the Council of Europe, is
designed to establish mutual assistance between the member Countries of
that organization for the reciprocal supply of therapeutic substances ;
Whereas it is necessary if mutual assistance is to be effective that , as
Article 5 of the said Agreement provides , the therapeutic substances
concerned should be exempted from customs duties ;
Whereas between 1958 and 1964 the said Agreement was signed and ratified
by all the Member States of the Community; whereas since then the Community
has taken the place of the Member States , in particular with regard to
competence for customs questions ; whereas it is therefore desirable that
the Community should join the Member States in concluding the Agreement
in so far as the above-menttaned ' Article 5 is concerned,
HAS DECIDED AS FOLLOWS
 ---pagebreak---                                Sole article
The Commission is hereby authorized to conduct negotiations with the Council
of Europe with a view to inserting in the European Agreement on the Exchange
of Therapeutic Substances of Human Origin a legal instrument enabling the
European Economic Community to become a Contracting Party to the said
Agreement .
                                     t
The Commission shall conduct the negotiations , assisted by the Article 113
Committee .                                                                 1
                                     '                                      !
Done at Brussels ,                               For the Council
                                                 The President
 ---pagebreak---                                                            ANNEX
                                  Article 5
The Contracting Parties shall take all necessary measures to exempt from
all import duties the therapeutic substances of human origin placed at
their disposal by the other Parties .
They shall also take all necessary measures to provide for the speedy
delivery of these substances , by the most direct route , to the consignees
referred to in Article 3 of this Agreement .


title: RECOMMENDATION FOR A COUNCIL DECISION concluding the agreement between the European Economic Community and the People's Republic of Bangladesh on the supply of skimmed milk powder as food aid (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 767
Vol. 1973/0148
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                             COM(73 ) 767 final
                                                             Brussels , 18 May 1973
                        RECOMMENDATION FOR A COUNCIL DECISION
               concluding the agreement "between the European Economic
                Community and the People 's Republic of Bangladesh on
                   the supply of skimmed milk powder as food aid
                   ( submitted to the Council by the Commission)
  COM(73 ) 767 final
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establising the European Economic Community ,
and in particular Articles 113 , 114 and 228 thereof ,
Having regard to the recommendation from the Commission
Whereas the Council in Regulation (EEC) no 2721/72^^ on the supply of
skimmed milk powder as food aid decided to make 19»450 metric tons of
skimmed milk powder available to the People 's Republic of Bangladesh ,
HAS DECIDED i
                                   Article  1
An agreement between the European Economic Community and the People 's
Republic of Bangladesh on the supply of skimmed milk powder as food aid is
hereby concluded on behalf of the European Economic Community . The text of
the Agreement is annexed to this Decision .
                                   Article  2
The President of the Council is authorized to designate the persons empowered
to sign the Agreement and to confer on them the powers required in order to
bind the Community .
Done at Brussels ,
                                                    For the Council
                                                       The President
OJ no L 291 , 2o December 1972 , p. 28 .
 ---pagebreak---                   AGREEUENT
BETWHEN THE EUROPEAN ECONOMIC COMMUNITY
                    AND
  THE PEOPLE 'S REPUBLIC OF BANGLADESH
    ON TIEi SUPPLY 0? SKBUZHD 1IILK POWDER
                AS FOOD AID
 ---pagebreak--- THE COUNCIL OF TIE EUROPEAN COMMUNITIES ,
                                          of the one part .
THE GOVERNMENT OP THE PEOPLE 'S REPUELIC OF BANGLADESH
represented by the President
                                         of the other part ,
HAVE IECIHDD to conclude this Agreement , and for this purpo
have named as plenipotentiaries :
THE COUNCIL OF THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OF THE PEOPLE 1 S REPUBLIC OF BANGLADESH :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                            Article I
The European Economic Community shall supply free to the People 's Republic
of Bangladesh hereinafter referred to as "recipient country" ,
19*450 metric tons of skimmed milk powder of the quality , and
packaged as specified in Annex I which forms an integral part of
this Agreement .
                           Article II
The deliveries shall he made cif to ports of unloading in the
recipient country.
                           Article III
The Obligations and responsibilities of the European Economic
Community and of the recipient country , in particular as regards
delivery and acceptance , are defined in Annex II , which forms an
integral part of this Agreement .
                           Article IV
The recipient country undertakes to make all the necessary arrangements
for the transport and insurance of the deliveries from the ports         I
of unloading to their destinations .
                           Article V
The recipient country undertakes to use the product received as aid
for concumption. It distributes free in the frame of its aid pro
gramme , to the needy . populations , in particular to children , pregnant
women , ill and old people , the total quantity of 19.450 tons indicated
in article I or part       it . In this casejthe other part is sold
with a maximum of 10.000 tons , on its local market . The recipient
country applies for the sale of the product on its market , the prices
normally charged for products of comparable quality.
The proceeds from this sale , less the cost of selling the product
on the recipient country 's market , will be paid into a special account
at the Bank of Bangladesh and allocated to the financing of one or
more development schemes which shall be chosen by the recipient
country and agreed by the European Economic Community .
 ---pagebreak---                            Article VI
The contracting parties undertake to implement this Agreement
in such a way as to avoid any damage to the normal structure of
national production and international trade . For this purpose ,
they shall take the necessary steps to ensure that the supplies
of aid are additional to and are not in lieu of trading operations
which could reasonably he expected innthe absence of such supplies .
                           Article VII
The recipient country shall take the appropriate steps to prevent :
- reexport of the product received as aid and any products derived
  therefrom ;
- the exjort for trade or otherwise , within six months from the date
  of the last delivery , both of locally-produced skimmed milk powder
  of the same kind as that received as aid and of processed products
  derived therefrom .
                           Article VIII
The recipient country undertakes to inform the Jttiuropean Economic
Community of the circumstances surrounding the implemention of this
Agreement . For this purpose , it shall communicate to the Commission
of the European Communities the following information :
- thirty days at the latest after the unloading of each consignment :
  ports and dates of ship 's arrival ; kind , quantity and quality of
  products unloaded ; date on which unloading was completed ;
- every three months until the quantities received as aid have been
  used up : quantities distributed , number and nature of the
  beneficiaries , places , rate and manner of distribution ; in case
  of selling , quantities sold , how they have been sold , selling prices ,
  selling costs on recipient country^s market ;
- on 15 January every year until the special account has been fully
  used : .
  * state of this account ( incomings and outgoings ) on 31 December
    of the preceding year ;
  . progress achieved in the project or projects , with an indication
    of the total amount    of financing undertaken at that stage .
 ---pagebreak---                              Article IX
The recipient country shall ta&e all appropriate steps to enable
those persons duly authorised by the European Economic Community
to make on the spot observations of the operations connected with
the implementation of the Agreement .
                             Article X
At the request of cither party , the contracting parties shall consult
one another on all questions concerning the application of this Agreement
                             Article ZI
This Agreement is drawn up in two copies in the Danish , Dutch , English ,
French , German and Italian languages these texts being equally authentic .
 ---pagebreak---                                                       A1ÏÏEX I
                            3KC30D MILIC POïtEER
I. Quality requirements
    a ) fat content                   not exceeding 1,5 $
    b ) water content                 not Exceeding 4,0 °/s
    c ) total acidity ( lactic acid)not exceeding 0,15 $ ( l8 0 Dornic )
    d ) test for neutralizing agents negative
    e ) permitted additives            none
    f ) tost for phosphatasis          negative
    g)  solubility                     not exceeding 0,5 ml (not less than 99 $ )
    h)  degree of purity               not less than disc B ( l5>0 mg)
    i)  germ content                   not exceeding 50 000 per gr
    k)  strength of colon bacillus negative in 0,1 gr
    l)  flavour and smell              fresh
    m)  appearance                     white or slightly yellowish , absence
                                       of impurities and coloured particles
II . Packaging
     a ) containing 25 kilogrammes *xet weight
     b ) composition :
         aa ) 4 Kraft paper bags of an strength representing at least
              70 g per m2 ;
              1 intercalated bag of tan-lined paper of a strenght representing
              at least 140 g per m2 ;
              1 polyethylene inner bag at least 0.06 mm thick , welded or
              double-bound .
    or bb ) 1 bag of clupdc.-poly-duplo-paper of a strength representing
              at least 50/20/50 per m2 ;
              2 Kraft paper bags of a strength representing at 1 least
              70/75 g por m2 ;
              1 polyethylene inner bag at least 0,10 mm thick welded or
              double -bound
           c ) marking on the packaging : -
               SIOTMSD MILK POWDER
               GIFT OF THE EUROFEM ECONOMIC COMMUNITY TO THE PEOPLE 'S REPUBLIC
               OF BMGIAIESH
 ---pagebreak---                                                      ΜΗΞΧ II
                  AMEX TO ARTICLE III OF THE AGH3EIIENT
                             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 ,
talcing 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 4 and- "the carrier must have
been previously agreed between that agent and the recipient country 's
agent referred to in the same Article .
                             Article 2
The European xi< conomic 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 day3 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 ships'
arrival in the port .
                                                           ./•
 ---pagebreak---                          • Article 4
The European Economic Community shall appoint an agent to implement
the provisions of this Annex , and shall in good time , forward the
latter' s name and address to the recipient country . .
The recipient country shall appoint an agent in each port of
unloading , and shall forward the latter' s name and address to the
European Economic Community prior to implementation of the Agreement .
                               \


title: RECOMMENDATION FOR A COUNCIL DECISION accepting the Customs Co-operation Council Recommendation of 13 June 1978 concering the amendment of Articles XIV (a) and XVI (d) of the Convention on Nomenclature for the Classification of Goods in Customs Tariffs. (Submitted by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 610
Vol. 1978/0235
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(78)610 final
                                                 Brussels , 17 November 1978
                             RECOMMENDATION FOR    A
                                    COUNCIL DECISION
accepting the Customs Co-operation Council Recommendation of 13 June 1978
concering the amendment of Articles XIV ( a ) and XVI ( d ) of the Convention
on Nomenclature for the Classification of Goods in Customs Tariffs .
              ( Submitted by the Commission to the Council )
                       1          \           ·\
                         /.: •
                      h- ■
                     i i-. -   vv ;
                     Ιϋ .
  COM (78 ) 610 final
 ---pagebreak---                          EXPLANATORY MEMORANDUM
Subject :   Draft proposal for a Council Decision accepting the Customs
            Co-operation Council Recommendation of 13 June 1978 concerning
            the amendment of Articles XIV(a ) and XVI ( d)of tine Convention
            on Nomenclature for the Classification of Goods in Customs
            Tariffs .
Since 1950 , 1951 or 1963 , depending on the Member State concerned , the
nine Member States have been Contracting Parties to the Convention on
Nomenclature for the Classification of Goods in Customs Tariffs ( December
1950 ). This Nomenclature , known as the " Customs Co-operation Council
Nomenclature ", formed the basis for the Common Customs Tariff .
In order to take account , in particular , of continuing technical progress
and the consequent changes in international- trade , the Customs Co-operation
Council may recommend amendments to the Nomenclature to its Contracting        .
Parties . In order that these amendments to the Nomenclature may take effect
in all Contracting States under the most practical conditions for both
customs administrations and participants in international trade , the Customs
Co-operation Council recommended on 13 June 1978 that the period laid down
for the entry into force of these amendments after they have been accepted
in accordance with Article XVI    ( c ) of the Convention should be' extended
from six months , as laid down in Article XVI ( d ) of the Convention , to one
year .    Furthermore , since Article XII of the Convention was rescinded by
Article 6 of the Protocol of Amendment of 1 July 1955 , the Customs Co-operation
Council also recommended deletion of the phrase " under paragraph ( a ) of
Article XII " appearing in Article XIV ( a ). In accordance with the provisions
of the Convention , the Belgian Ministry of Foregin Affairs notified the
Contracting Parties of the Recommendation on 30 June 1978 , with effect from ,
1 July 1978 .
Article XVI of the Convention provides that the amendments in the Recommend
ation will be deemed to be adopted if no Contracting Party offers an objection
within six months of the effective date , i.e. , by 31 December 1978 . If' there "
are no objections , the amendments in question will enter into force on 1 July
1979 .
This new Recommendation having been examined in depth in co-operation with
qualified Representatives of the Member States within the Committee on
Common Customs Tariff Nomenclature , the Commission considers that the Re
commendation can be accepted .
 ---pagebreak---                       RECOMMENDATION FOR   A
                            COUNCIL DECISION
                    V                  ' '                            .
accepting the Customs Co-operation Council Recommendation of 13 June 1978
concering the amendment of Articles XIV Ca ) and XVI ( d ) of the Convention
on Nomenclature for the Classification of Goods in Customs Tariffs .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                    ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof ,                                    i
Having regard to the Recommendation from the Commission ,.
Whereas the nine Member States are Contracting Parties to the Brussels
Convention of 15 December 1950 on Nomenclature for the Classification of
Goods in Customs Tariffs ; whereas the Common Customs Tariff is based on
that Nomenclature ;
Whereas the Customs Co-operation Council may recommend amendments to the
Convention to. its Contracting Parties ; whereas on 13 June 1978 that Council
recommended amendments to Articles XIV ( a ) and/ (d ) of the Convention ;
                                                XVI
Whereas, under -the Convention , the Belgian Ministry of Foreign Affairs
communicates the draft text of every recommended amendment to all Contracting •
Parties and to the Governments of all other signatory or acceding States and
the text is deemed to be accepted if no objection- is notified "by t any .
Contracting Party within six months from the date of communication ; whereas ,
 if no objection is notified , the amendment enters into force six months
after the expiry of that period ;
                                                                • aé/s■■
 ---pagebreak--- Whereas the Belgian Ministry of Foreign Affairs communicated the text of
the Recommendation of 13 June 1978 to the Contracting Parties on 30 June
1978, to take effect from 1 July 1978; whereas , if no objection is notified
to all or part of the text , the Recommendation will "be deemed to have "been
accepted at 31 December 1978 and will enter into force on 1 July 1979 ;
Whereas there is no objection to be made to any part of the Recommendation ,
HAS DECIDED AS FOLLOWS :
                             Sole Article                ,
The Customs Co-operation Council Recommendation of 13 June 1978 concerning
the amendment of Articles XIV ( a ) and XVI ( d ) of the Convention on Nomenclature
for the Classification of Goods in Customs Tariffs is hereby accepted for
application as from 1 July 1979 .
Done at                                       ,
                                                     For the Council ,
                                                     The President