title: COMMUNICATION FROM THE COMMISSION TO THE COUNCIL concerning implementation of the Agreement concluded with the ICRC for the supply of food aid to Nigeria and East Pakistan#RECOMMENDATION OF A COUNCIL DECISION concluding an Agreement between the European Economic Community and the International Committee of the Red Cross altering the amounts specified in the agreement relating to the supply of cereals as food aid signed on 20 January 1971 (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 743
Vol. 1973/0144
 ---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 CP THE EUROPEAN COMMUNITIES
                                                            COM(73)743 final
                                                            Brussels , 16 May 1973
                COMMUNICATION FROM THE COMMISSION TO THE COUNCIL
          concerning implementation of the Agreement concluded with
          the ICRC for the supply of food aid to Nigeria and East
          Pakistan
                       RECOMMENDATION OF A COUNCIL DECISION
          concluding an Agreement between the    European Economic
          Community and the International Committee of the Red
          Cross altering the amounts specified in the agreement
          relating to the supply of cereals as food aid signed on
          20 January 1971
                   ( submitted to the Council by the Commission)
  COM(73 ) 743 final
 ---pagebreak---                  A. AID TO NIGERIA IN THE FORM OP GRUEL AND SOUP
I. CONTiffTT OF THE AGREEMENT IN BRIEF
After the cessation of hostilities in Nigeria the Community decided in
principle on 20 January 1970 to make food aid available to those who had
suffered as a result of the conflict , through the agency of the ICRC .       This
aid , in the form of 600 metric tons of gruel , a complete food for children ,
and 3 000 metric tons of soup , a complete food for adults , was the subject of
an Agreement made with the ICRC on 25 March 1970"'' .
Under this Agreement the Community undertook to supply cereal products for the
manufacture of gruel and soup , amounting to 3 99^ metric tons of unworked
cereals and 645 metric tons of skimmed milk powder ( of . Annex 1 ), these
quantities to be set against the agreements made with the ICRC for 16 667 metric
tons of unworked cereals ( for 1968-69 ) and the agreement for 3 000 metric tons
                        2
of skimmed milk powder .
Responsibility for manufacturing and transporting the gruel and soup was left
to the ICRC but the Community agreed to refund manufacturing costs - including
expenditure on other ingredients necessary for their manufacture - and costs
incurred between the FOB stage and CIF stage , on production of documentary
evidence of such expenditure .   For this purpose the Council decided to
allocate funds totalling 600 000 units of account to be set against Article 145
of the 1970 Budget .                                       .
H . ICTLEMENTATION OF- THE AGREEMENT
I. Manufacture
Between April 1970 and March 1971 » 2 551 metric tons of soup and 522 metric
tons of gruel ( net weight ) were manufactured . However , of these quantities ,
only 1 610 metric tons of soup ( gross, weight ) and 339 metric tons of gruel
were for Nigeria because a decision was taken in the meantime to allocate part
of them ( 100 metric tons of soup and 200 metric tons of gruel ) to victims of
the cyclone in East Pakistan .
                                                                  e 0 •J0 0 »
1 OJ No L 107 , 19 May 1970
2 OJ No L 84 , 14 April 1971
 ---pagebreak--- After these 2 551 metric tons of soup and 522 metric tons of gruel had "been
manufactured , the Commission agreed with the ICRC to postpone the manufacture
of further quantities since the funds that had teen made available ( 600 000
units of account ^ were insufficient to cover manufacturing costs which had
proved higher than anticipated^.
2 . TransDortation and distribution
While manufacture was in progress ( from April 1970 "to March 1971 ) no aid could
be dispatched to Nigeria because of difficulties encountered by the Red Cross
with the Lagos authorities over the very principle of ICRC intervention .
After protracted bargaining , the two parties agreed in March 1971 that the aid
would be distributed by the Commissioner for Development and Reconstruction of
East Central State .    At the same time the ICRC was given an assurance that it
would be allowed to supervise distribution .    Shipments then began but , for the
reasons given above , only part of the quantities manufactured were in fact
shipped ( 339 metric tons of gruel ( net weight ) and 1 610 metric tons of soup
( net weight )).
3 « A complete halt to the operation requested by the ICRC
In May 1972 the ICRC requested a complete halt to the operation in view of the
fact that two years after the end to . hostilities far fewer people were seeking
food aid and that , despite the assurances given , the ICRC had not been allowed
                            p
to supervise distribution .
Although fully in agreement with the ICRC 's position , the Commission preferred
to wait until the end of 1972 to see whether any further factcrs would come
to light which might suggest an alternative solution .     This has not happened
and the Commission is now convinced of the advisability of abandoning the
operation .
   Furthermore it did not prove possible as required by the Pakistan Agreement
   ( see below ), to build up stocks for Nigeria because the authorities in
   Lagos had not confirmed that they wanted to receive these quantities in
   absolute preference to any other products .
   As a result the only report on the .implementation of the Agreement forwarded
   to the Commission by the ICRC to date is a report drawn up by the
   Commissioner for Economio Development and Reconstruction of East Central
   State of Nigeria . This report , though incomplete , shows that the gruel
   and soup were distributed by the National Commission for Rehabilitation
   to the needy in the 'East Central State ", the 'Rivers State " and the
   " South Eastern State ". The East Central State was particularly appreciative
   of the operation .
 ---pagebreak---                                        -3-
                B. AID TO PAKISTAN IN THE FORM OF GRUEL A1TD SOUP
 I.   CONTEMT OF THE AGHEEESKT Iff BRIEF
Follovjing the cyclone in East Pakistan on 13 November 1970 the Community , on
 23 November lS7o\ approved an emergency relief programme for 200 metric tons
 of gruel and 1 000 metric tons of soup .   This was in addition to en emergency
 aid programme for 35 000 metric tons of unworked cereal equivalent v:hich ,
"because of the length of the procedures involved , could not satisfy the
immediate needs of the victims . These products were to he delivered through
the agency of the ICRC and forwarded "by air since the quantities specified
 could "be made available immediately by drawing on stocks originally earmarked
 for Nigeria but which had not yet been shipped .
 It was agreed with the ICRC that the Community would replace these stocks
 should the Nigerian Government confirm that it wanted to receive these
 quantities in absolute preference to any other products .    A. sum of 250 000 u»a
was set aside for this purpose .
 The Community left the responsibility for organizing air transportation to
tha ICRC and undertook to refund expenditure on transportation up to a
maximum of $ 850 000 on production of documentary evidence .
 II . IHPLHOTTATICN" OF THE AGREEMENT
 1 . Manufacture           '
 Implementation of the Agreement involved no additional manufacture because ,
 apart from the fact that the necessary quantities were drawn from stocks
 which had been made available for Nigeria , there was no necessity to replace
 these quantities by undertaking further manufacture since the authorities in
 Lagos had not confirmed that they wanted to receive these quantities in
 absolute preference to any other products .
                                                                   • « © Ie • •
    The Agreement with the ICRC was signed subsequently ( on 2 March 1971 )
    cf . OJ No L 84 ,, 14.4.1971
 ---pagebreak---                                           -4-
2 . Transportation and distribution
Shipments totalled 200 metric tons of gruel and 1 008 metric tons of soup
("both gross weight ).
( a ) The airlift "began four days after the Community decision . Between
      29 November and 7 December , 23 aircraft transported :
                            200 metric tons of gruel
                            710 metric tons of soup . ■
      The rapidity with which the Community acted on this occasion meant that
      the most urgent needs of the cyclone victims could he met .    The "bulk
      of the food had been distributed before 7 January 1971 •
(b ) All the soup was not transported by air . Early in December 1970 , a
      Vice-President of the League of Red Cross Societies and the President of
      the East Pakistan pLod Cross decided , in view of the congestion at Dacoa
      Airport , to ask donors to abandon expensive shipments by chartered
      aircraft to Dacca and instead to ship food by sea to Chittagong ,
      On 23 December 1970* therefore, the ICRC dispatched 299 metric tons of
      soup by sea ; the shipment arrived in Chittagong at the beginning of
      February 1971 •
( c ) The ICRC forwarded the following report on the reception given to the
      gruel and the soup :
      "There was a serious shortage of protein .   Normally , the main source of
      protein is fish but , since the fishing fleet had been largely destroyed ,,
      this Bsuroe was no longer available . The only problem involved in
      adding soup to family diets was that of showing people how to use it .
      Women wore trained as instructors and visited the villages giving
      demonstrations .  The soup , eaten alone or in conjunction with rice , was
      accepted very quickly , as was the gruel .  Mr Wenger and the other
      International Red Cross delegates were delighted with both products ."
 ---pagebreak---                                          -5-
               C. STATE3EMT ON THE NIGERIA AND PAKISTAN OPERATIONS
The general balance sheet below , which summarizes the detailed, "balance sheet
appearing in Annex 1 , indicates that extent to which anticipated expenditure ,
on the supply of products and in the form of cash payments , has been effected
to date .
                                Estimated tonnage        Tonnage ana     Tonnage used
                                end expenditure          funds act-      and expenditure
                                for 4 000 metric         ually set       incurred ( for
                                tons of soup and           aside         2 551 metric
                                GOO metric tons of                       tons of soup and
                                     gruel ■                             522 metric tons
                                                                         of gruel
Unworked cereals supplied             5 32 / metric         3 996                   3 595
by EEC                                    tons                               metric tons
Skimmed milk powder                     860 metric            645                     552.5
supplied by EEC                           tons                               metric tons
Cash payments made by            1 700 000     .        1 700 000 .         1 404 897
EEC for manufacturing            units of account     units of account units of account
co st s ( including purchase
of ingredients ) and -
transport costs
1 . Supply of unworlced cereal s :   The 3 99° metric tons set aside for the ICRC
( under the Agreement of 25 March 1970 ) had been set against the Agreement for
16 667 metric tons with the ICRC for 1968-69 , the difference ( 12 671 metric
tons ) being made the subject of a new agreement dated 20 January 1971 * In
view of the fact that not all of the quantity set aside (3 996 metric tons )
was used , the Commission considers that the tonnage specified in the
Agreement of 20 January 1971 should be increased by the quantity not used -
that is to say by 401 metric tons - thus bringing the tonnage covered by the
new Agreement to 13 072 metric tons .
2 . Supply of skimmed milk powder,;     Of the 645 - metric tons set aside for this
operation , 552.5 metric tons have been made available for manufacturing
purposes .    The difference – 92 . 5 metric tons     has been used for other purposes
within the terms of the Agreement for 3 000 metric tons .         This Agreement has
now been fully implemented .
3 « Cash payments :    The following have been refunded to the ICRC :
    – the total cost of manufacturing 2 551 metric tons of soup and 522 metric
       tons of gruel and the total cost of transporting aid to Nigeria by sea
       ( making a total of 596 540 units of account ).
                                                                       0 « »/ « • •
 ---pagebreak---       The oost of purchasing ingredients , including soup concentrate , necessary
      for the manufacture of the soup and gruel have "been refunded to the
      ICRC , as agreed , under the heading of manufacturing costs .  The quantities
      of soup concentrate aotually used fell so far short of the original
      estimate that one of the manufacturers has approximately 50 me trio tons
      of it still available .   The Commission suggests that , as requested "by the
      ICRC , this tonnage should he left at its disposal for use in relief
      operations .  The ICRC would he free to choose the "beneficiaries and would
      assume responsibility for transportation , the understanding being that
      the food is distributed free of charge to population groups in developing
      countries .
    - The bulk of the cost of transportation to Pakistan .    Only the cost of
      air transportation has been refunded so far ( 808 357 units of account )
      since the Agreement makes no provision for the reinibursement of the oost
      of sea transportation which in this instance amounts to PS 78 434*90
      ( 19 217 units of account ). It seems appropriate , therefore , that the
      Community should adopt a decision approving such a refund from the funds
      earmarked for this purpose in the 1972 Budget (Article 400 ) and carried
      forward to 1973 .
      If this refund is made , cash payments will show a saving of 275 886 units
      of aocount on the original estimate .
III . CONCLUSIONS
The Commission proposes that the Council decide :
1 . That manufacture of gruel and soup for Nigeria be stopped completely in
the light of the situation outlined above ;           .
2 . That the cereal tonnage ( 401 metric tons ) not used in the manufacture of
gruel and soup be added to the tonnage covered by the Agreement of
20 January 1971 by means of the agreement in the form of en exchange of
letters which appears in Annex II ;               ...
3 . That transportation costs between the FOB and CIF stages for part of the
food aid for Pakistan , .amounting to PS 78 434-90 ( 19 217 units of account ),
be refunded ;
4 . That the 50 metric tons of soup concentrate not used be left at the
disposal of the ICRC as detailed above .
 ---pagebreak---                                                       -7-
                                                i                              -     :
                  COMCTTflEMTS . PRODUCTS SUPPLIED MP CASH MADE AVAILABLE FOR THE
                  MANUFACTURE AMD TRANSPORTATION OF 4 000 METRIC TONS OF SOUP AITD
                                        800 METRIC TONS OF GRUEL
                                              Commitments        Products supplied,        Products lioi
                                         ( in metric tons )      ( in metric tons )        yet supplied
                                                                                ( in metric tors*)
                   Produots           Quantity      Quantity  Quantity     Quantity    Quantities of
                                                    produced               produced      unworked
                                                    in un-                 in un-      cereals and
                                                    worked                 worked           milk
                                                    cereal                 cereal
                                                   equivalent             equivalent
I. Soup Manufacture
     1 . For the manufacture
          of 3 000 metric tons
          of soup for Nigsria,
     ( a) cereals               ^
             wheat meal                ■ 690*       1 090*     6II.5            966          124
             tarley meal                 660*       1 188*     585.0        1 053            135
              corn meal                  69O*       1 242*     611.5        1 100            142
           total cereals                            3 520*                  3 119            401 ;
     (b ) skimmed milk powder            555*                  462.5                          92.5
     2 . For the manufacture
          of 1 000 mstrio tons
          of soup for Pakistan
     ( a) cereals
             wheat meal                  230           363                                   363
             "barley meal                220           396                                   396
              com meal                   230           414                                   414
     (b ) skimmed milk powder            185                                                 185
                                                    1 173
II . Gruel Manufacture
     1 . For the manufacture
          of 600 metric tons of
          gruel for Nigeria
     ( a) cereals
              wheat flour                144*          217 *   144               217
              barley flour               144*          2S<~>*  144               259
           total cereals                               476*                     476
     (b ) skimmed milk powder              90*                   90
     2 . For the manufacture
          of 200 metric tons of
          tTruel for Pakistan
     ( a ) cereals
              wheat flour                  48            72                                   72
              "barley flour                48            86                                   86
                                                       158
     (b ) skimmed milk powder              30                                                 30
 ---pagebreak---                         ι
                                         -8-
            Cash            Commitments      Payments made        Payments not
                          " ( in units of " "( in units of '          yet made
         '         "h .
                               account )         account )        ( in units of
                                                                     account )
I.    Nigeria
lîanufacrfcure and
transportation                 600 000           596 540                 3 460
II .  Pakistan
Manufacture and
tran sport at i on          1 100 000            827 574               272 426
( a ) manufacture              250 000                                 250 000
("b ) transportation           850 000           827 574     ,          22 426
      Tonnages actually set aside
      This includes 19 217 units of account , as yet unpaid ^ representing the
      refund of the cost of transporting 298.7 metric tons of soup by sea *
 ---pagebreak---                                   Ronorw.;ndr.tion of a
                                 • Council Decision
            concluding an Agreement "between the European Economic Community
            and the International Committee of the Red Cross altering the
            amounts specified in the agreement relating to the supply of
            cereals as food aid signed on 20 January 1971
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Articles 113 , 114 and 228 thereof;
Having regard to the Recommendation from the Commission ;
Whereas the European Economic Community undertook to supply the International
Committee of the Red Cross with 3 996 metric tons of cereals for the
manufacture of gruel and soup under the Agreement dated 25 March 1970 ;
Whereas , now that this operation has "been finalised , it appears that only
3 595 metric tons were in fact supplied ;
Whereas the tonnage specified in the Agreement of 20 January 1971 between
the European Economio Community and the International Committee of the
Red Cross should therefore be increased by 401 metric tons , the amount of
the unused balance ;
HAS ADOPTED THIS DECISION : .
                                   Article 1
An agreement , in the form of an exohange of letters , is hereby concluded on
behalf of the European Economic Community with the International Committee
of the Red Cross altering the tonnage specified in the Agreement relating
to supply of cereals as food aid signed on 20 January 1971 *
                                   Article 2
The President of the Council is hereby authorized to appoint a delegate to
sign the Agreement and to confer on him the rsquisite full powers on behalf
of the Community .
Done at
                                              For the Council
                                              The President
 ---pagebreak---                               Exchange cf Lai -t er<5
A.   Letter from the European Economic Community
With reference to the Agreement between the European Economic Community
and the International Committee of the Red Cross relating to the supply
of cereals as food aid , signed on 20 January 1971 » I teg to suggest
that the figure of 12 671 metric tons specified in Article 1 of that
Agreement "be replaced "by the figure of 13 072 metrio tons , the additional
tonnage representing quantities provided for hut not used in the
manufacture of gruel and soup in implementation of the Agreement of
25 March 1970 .
I would be grateful if you could say whether the foregoing meets with
your approval .
B.   Letter from the International Committee of the Red Cross
I hereby acknowledge receipt of your letter of                     worded as
follows :
"With reference to                                    meets with your
approval "
I sjn pleased to inform you that the International Committee of the Red
Cross is in agreement with your proposal .


title: RECOMMENDATION FOR A COUNCIL DECISION on the conclusion of an agreement between the European Economic Community and the World Food Programme on the supply of milk fats as food aid to developing countries. (Communication from the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1074
Vol. 1974/0176
 ---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 EUROPEÀN COMMUNiTIES
                                                     COM(74)1074 final.
                                                   Bruxelles , 10 july 1974
                                    RECOMMENDATION
                                     FOR A COUNCIL
                                       DECISION
                    on the conclusion of an agreement between
                    the European Economic Community and the
                    World Food Programme on the supply of milk
                    fats as food aid to developing countries .
                    ( Communication from the Commission to the Council )
( 74 ) 1074 final .
 ---pagebreak---                         COUKCIL DECISION
 on "the conclusion of an agreement between the European Economic
 Community and the World Food Programme on the supply of milk fats
 as food aid to developing countries .
 THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
 and in particular Articles 113 , 114 and 228 thereof ,
Having regard to the recommendation of the Commission ,
Whereas the Counoil , in accordance with Regulation (EEC ) fro 530/74 of
4 March 1974 (^), laying down general rules for the supply of milk fats
as food aid to certain developing countries and certain international
organizations , has decided to make available to the World Food
Programme butter held by intervention agencies , delivered in the form
of butter or butteroil and equal to 15 000 metric tons of butteroil ,
Whereas the purpose of the World Food Programme is to make use of
contributions received in connection with the programme so as to meet
emergency requirements and carry out projects that include the use
of food produots for economic and social development schemes ,
HA.S DECIDED ;
                            Article 1
An agreement between the European Economic Community and the World
Food Programme to supply milk fats as food aid to developing countries
is hereby concluded on behalf of the European Economic Community. The
text of the Agreement is annexed to this decision .
                                                                    ./
( ) OJ No L 65 of 7 March 1974 , P.l
 ---pagebreak---                              - 2 -
                           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 Counoil
                                                       The Président
 ---pagebreak---                AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
  AND THE WORLD FOOD PROGRAMME ON THE
  SUPPLY OP POOD AID IN THE FORM OF MILK
     PATS TO DEVELOPING COUNTRIES
 ---pagebreak---                               AGREMENT
between the European Eoonomio Community and the World. Pood Programme
 on the supply of milk fats as food aid to developing countries .
 THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
 of the one part ,
THE WORLD FOOD PROGRAMME ,
 a programme jointly -undertaken by the United Nations Organization and
the Pood and Agricultural Organization of the United Nations ,
of the other part ,
Whereas the purpose of the World Food Programme is to make use of
contributions received in connection with the programme so as to meet
emergency food requirements and carry out projects entailing the use
of food products for economic and social development purposes ;
Whereas there are stocks of available butter in the European Economio
Community ; whereas with a view to achieving the objectives of the
World Food Programme it has been decided to make available to the latter
a certain quantity of butteroil produced from the stock of butter ,
HAVE DECIDED to conclude the present Agreement and to this end have
designated as their plenipotentiaries ;
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
THE WORLD FOOD PROGRAMME ,
WHO HAVE AGREED AS FOLLOWS ;
 ---pagebreak---                             Article 1
The European Economic Community shall supply "to the World. Food
Programme , by way of gift under "the conditions laid down in the
present Agreement , a quantity of 15 000 metric tons of butteroil .
                            Article 2
The World Pood Programme undertakes to use the butteroil received as
aid for emergenoy relief operations or eoonomic , social development
and food aid schemes previously approved by the European Eoonomic
Community .
                            Article 3
1 , For each delivery , the European Eoonomio Community shall notify the
    World Food Programme , bearing in mind the instructions received from
    the World Food Programme , of the port or ports of shipment and the
    dates when the goods are ready for loading in the said ports .   This
    information shall be provided at least 30 days before the date when
    the goods are ready for loading .
2 . Only those sea ports suitable for oceangoing vessels and used for
    international freight may be selected as ports of shipment .
                            Article 4
1 . The European Economio Community shall make the butteroil available free
    of charge to the World Food Programme .
2 . It shall ensure that the delivery of butteroil meets the minimum
    requirements as regards quality and packaging laid down in Annex I ,
    which forms an integral part of the Agreement .
                            Article 5
1 . The delivery shall be effected according to the procedure laid down in
    Annex II , which forms an integral part of the present Agreement .
 ---pagebreak--- 2 . 'Hie World Pood Programme Bhall take delivery 01 the product , provide
    transport and insurance , and ensure distribution in the country of
    destination .
3 . The European Economic Community shall make a payment to the World
    Food Programme for the costs mentioned in paragraph 2 above , amounting
    to 80 u.a . per metric ton of butteroil accepted .  It shall be paid
    within a period of 60 days after the acceptance of each delivery of
    butteroil by the World Food Programme .
                                  Article 6
The World Food Programme shall provide the European Economio Community
with the following reports on the execution of the operations laid down
in the present agreement :
( a) Transports within a reasonable period after the unloading of each
      cargo , the dates of arrival of the vessels in the port of destination ,
      the quantity and quality of butteroil unloaded , and the dates on
      which unloading was completed ;
(b ) Utilization of products : periodio information on the stage of progress
      of the schemes for which' Community aid was provided ; utilization of
      the products ; quantities distributed and details on the methods of
      distribution of the products , particularly measures to ensure that the
      products do not find their way back on to the market ; and the number
      of recipients .                     ■
                                  Article 7
The contracting parties shall , at the request of either , consult each other
on any question concerning the implementation of this Agreement .
                                  Article 8
This Agreement is drawn up m duplicate in the Danish , Butch , English ,
French , German , Italian and Spanish languages , each of these texts being
equally authentic .
 ---pagebreak---                                                              ANNEX I
          BUTTEROIL MADE AVAILABLE TO DEVELOPING COUNTRIES
1 . QUALITY
     (A ) Product characteristics Î                     '
          Concentrated milk fats containing not less than 99     of pure
          fats
                                                             j
     (B) Standard composition
          (Analysis made at time of manufacture and packing)
          - Moisture and non-fat milk substances : not more than 0.2$
          - Pats s not less than 99*8$
          - Free fatty acids s not more than 0,5% (expressed as oleic acid)
          - Peroxide level/kg : not more than 1 unit ( in milli-equivalents
            of aotive oxygen per kg)
          - Taste : pure
          - Smell : absence of smell extraneous to butteroil
2 . CONDITIONS OF PACKAGING
    - Metal cans of 5 kg - 4 cans per carton
    - Metal cans of 20 kg - 1 can per carton
3 . MARICDTG ON THE PACKAGING
                         (port of discharge )
    BUTTEROIL
    GIFT OF THE EUROPEAN ECONOMIC COMMUNITY
    SUPPLIED BY THE WORLD FOOD PROGRAMME
 ---pagebreak---                                                              AOTTEX II
 PROCEDURE TJNDER ARTICLE 5 ( 1 )
 On the basis of information received from the World Food Programme »
 hereinafter referred to as WPP , concerning transport , for each
 delivery the European Economic Community , hereinafter referred to as
 EEC , shall notify the' WFP of the supplier(s ) and a period of 15 days
 within which the WFP can fix a date for delivery ;
 The WFP shall hotify the supplier(s ), if possible 20 days and in any
 case 10 clear days before the date for commencement of each delivery ,
 of the estimated date for commencement of delivery ;
 The WFP shall notify the supplier(s ) at least 5 days in advance of the
 exact date for commencement of delivery .   It shall establish the
 schedule of delivery with the agent of the EEC ;
The goods must be delivered by the EEC at the place of shipment and on
the date fixed in accordance with the above conditions ;
Delivery shall be effected at the time when the goods are put down at
the point of export named by the EEC at the berth specified by the
WFP or its agent ;
If the EEC fails to deliver the goods at the place and time required ,
when the WFP has made delivery possible at the place and time stated ,
the consequences shall be borne by the EEC ; the WFP shall inform the
EEC of the delay within 8 days , in writing ;
If the WFP fails to take delivery of the goods at the place and time
required , when the EEC has made delivery possible at the place and
time stated , the consequences shall , except in the case of force majeure ,
be borne by the WFP ; the EEC shall inform the WFP of the delay within
8 days , in writing ;
 ---pagebreak---                              - 2 -                       A2WEX II
The EEC and the WFP shall appoint one or more agents to implement
the agreement . The WPP shall appoint a representative in each port
of shipment to deal with any matters that may require attention .
On delivery of the goods , the WFP agent shall hand to the agent of
the EEC a certificate of acceptance stating the port of shipment ,
the date of acceptance , One nature and quantity of the goods accepted
and including any comments on the quality of the goods ;


RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE COMMISSION TO TAKE PART IN THE NEGOTIATIONS FOR THE PROVISIONAL ACCESSIONS OF COSTA RICA, EL SALVADOR, GUATEMALA AND HONDURAS TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE


title: Recommendation for a COUNCIL DECISION approving the International Natural Rubber Agreement, 1979 (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 654
Vol. 1981/0196
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  COM(81)654 final
                                                  Brussels , 11 November 1981
                                  Recommendation for a
                                     COUNCIL DECISION
     approving the International Natural Rubber Agreement - 1979
                 ( submitted to the Council by the Commission )
                                 /'
                             t –,
                              \ r -;
C0MC81 ) 654 final
 ---pagebreak---  \
                                 Explanatory Memorandum
The Community has signed the International Natural Rubber Agreement , 1979
and is applying the said Agreement on a provisional basis .
The period set for the ratification of the Agreement expires on 31 Decem
ber I98I . Failing its definitive entry into force- on 23 April 1982, the
Agreement will terminate .
The Community should therefore approve the International Natural Rubber
Agreement , 1979 » before 31 December I98I .
 ---pagebreak---                        Commission Recommendation to the Council
In accordance with the Council Decision of 22 April I98O , the Community
has signed the International Natural Rubber- Agreement , 1979 *
                                                       2
Following the Council Decision of 23 September I98O , the Community
deposited with the Secretary– General of the United Nations the notification
indicating that the Community intended to approve the Agreement and would
apply the Agreement provisioally , as an importing member , when it came
into force in accordance with Article 61 . The Agreement entered into force
provisionally on 23 October I98O .
At present only the USSR, the Community and several of its Member States
have still not deposited their instruments of ratification . These Member
States however do their utmost in order to ratify as soon as possible .
It may be true that the International Natural Rubber Council could agree
to once more extending the ratification period, at latest until 23 April
1982 when the Agreement would expire if it had not entered into force
definitively by then . But in the present circum stances it seems necessary
now +0 prepare without further delay the approval of the Agreement by the
Community .
Consequently , the Commission recommends that the Council approve the Inter
national Fatural Rubber Agreement , 1979 »      behalf of the European Economic
Community and take steps to deposit its instrument of approval with the
Secretary-General of tl'3 United Nations before 31 December I98I .
 OJ No L 213 , 16.0.192D , p. 1 , with the text of the Agreement in annex
20J tfo L " 39 , 2.10 . 1'/ f p. 30
 ---pagebreak---                                                                   Annex I
                                       Recommendation for a
                                Council Decision approving the
                      International Natural Rubber Agreement , 1979
  THE COUNCIL OP THE EUROPEAN COMMUNITIES ,           -
  Having regard to the Treaty establishing the European Economic Community ,
  and in particular Article 113 thereof ;       , ■
  Having regard to the recommendation from the Commission ;
  Whereas the International Natural Rubber Agreement , 1979 was signed on "behalf
  of the Community on 30 May 1980 subject to its being concluded at a later date
  Whereas, in accordance with the Council Decision of 23 September 1980^, the
  Community is applying the Agreement provisionally in accordance with the
  provisions of       Article 60 thereof ;          '                       - '
  Whereas the Agreement entered into force provisionally on 23 October I98O ;
  Whereas the Community should approve the. International Natural Rubber Agree
 ment , 1979 in accordance with Article 59 thereof ;
  HAS DECIDED AS FOLLOWS :       '
                               .   , s   Article 1
  The International Natural Rubber Agreement , 1979 is hereby approved on behalf
  of the European Economic Community . The text of the Agreement is annexed to
  the Council Decision of 22 April I98O concerning the signing of the Inter*-
                                               2
  national Natural Rubber Agreement , 1979 •
                                         Article 2
  The President of the Council is hereby authorized to designate the person
  empowered to deposit the instrument of approval .
                                                         Done at Brussels ,
•                                                         For the Council
   0J No L 259 , 2.10.1980 , P. 30
  20J No L 213, 16 . 8. 1980 ,   P. 1
 ---pagebreak---                            FINANCIAL KEMDRANBUM
        * I-
Budget heading : 2988 . Advances pending completion of the procedures
for the ratification of international agreements .
Legal basis , objective :
The Community is participating in the International , Natural Rubber
Agreement , 1979     virtue of a Council Decision of 22 April I98O . The
Council decided that the contributions both to the administrative budget
and for the financing of the buffer stock would be paid by the Member
States . However , as certain Member States were unable to pay their
contributions until such time as their ratification procedures had been
completed, it was decided to create item 2988 to enable the Commission
to pay advances . In I98I the Commission paid US f> 25 000 on behalf of
Italy .
Financial implications :
                         »                            /
1982 : advances for the administrative budget : US p 43 500 .
Method of calculation :
It is possible that the ratification procedures will not be terminated
before December 31 , 1981 in Belgium and Italy . Since the contributions
to the Administrative budget are due on January , 1 of each year , the
Commission could then be called upon to advance the amounts , in order
to avoid two Member States to lose their voting rights , which would
endangerthe position of the Community as such in the Agreement .
The administrative budget proposed for 1982 amounts to US f> 1.5 million .
On that basis , the contributions of Belgium and Italy to the administra
tive budget would be in the order of US f> 6,750 and US f> 36,750 repec–
tively .


ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (84) 092
Vol. 1984/0035
 ---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---                                                               COM( 84) 92   final
      COMMISSION                                               Brussels, 27 february 1984
        OF THE
EUROPEAN COMMUNITIES                                           FOR OFFICIAL USE ONLY
    General Secretariat
                                     Recommendation for a
                                       COUNCIL DECISION
         authorizing the Commission to open negotiations with Portugal for the
             conclusion of an agreement in the form of an exchange of letters
                on specific financial aid to improve agricultural structures
                                          in Portugal
                         (submitted to the Council by the Commission)
      COM (84) 92 final
 ---pagebreak--- I.   BACKGROUND
                                                          1
1.   In a Communication to the Council dated 12 June 1980    the Commission, in
response to a Portuguese request, proposed that Portugal's path, towards accession
should be smoothed by means of various initiatives a-'ri measures similar to f c s e
which would be carried out after accession through the facilities available to
all Member States.   At the time, the Commission drew particular attention to the
shortcomings of Portugal's regional and agricultural structures, which were
Liable to pose serious problems once the country became a member - the isolated
regions, structurally backward farming sector and high level of agricultural
imports, swelling the trade deficit.
2.   On 3 December 1980, pursuant to a Council Decision dated 7 October 1980,
the Community signed an Agreement with Portugal on pr e- acc es sio n aid.
The Agreement provided for an overall financial package of 275 million ECU,
150 million ECU in the form of EIB own-resources loans and 125 million ECU in
grant form.   Of the grant aid, 100 million ECU was earm ark ed for cooperation projects
or programmes relating to agriculture, small businesses, regional infrastructure
and vocational training.   The money was to ue committed between 1 January 1981
and the date of Portugal's entry into the Community.
1
  C0MC80)280 final.
 ---pagebreak---                                               - 2 -
3.   The Portuguese authorities set :aside 23 million ECU of the 100 million           ECU
grant aid to finance agricultural projects.           Projects accounting for the
full amount have already been submitted to the Community; some have been
approved, others are still in the appraisal pipeline.
4.   Pursuant to a Portuguese request, Council Decisions dated 21 June and
17 October 1983 and a Decision of the EIB's Boar            of Governors dated
19 August 1983 accorded Portugal an extension of           ire-access ion aid in the
form of 75 million ECU of EIB loan?, valid from i              ; 1983 to 30 June 1984.
11.   SUPPLEMENTARY PRE-ACC ES SIO N ATD FOR PORTUGUESE A G R I C U LTJRE
5.   Portugal has repeatedly empha 1» , . *. vd the need for coordinated measures
in the run-up to accession to improve the or ga niz at ion of its agricultural
markets, step up production standards and rationalize farm structures. It
has also pointed to the need for institutional and planning reforms.
The shortcomings of Portugal's farm sector make it essential that the
                                                                                1
pre-accession aid operation should be not only continued but expanded
between now and accession. ( Ana the new-style tr ansition period for
                                !
1
  See the Commission's interim o p i n i o n of 8 February 1983 (C0M(83)74 final,
  pc^e 6 ) .
 ---pagebreak---                                         - 3 -
the agricultural sector has been devised precisely to cope with the need
to bring the country's agricultural structures into line with the Community's
within five years of accession.    In practice the two-stage transition period
which is envisaged depends on preparations getting under way in Portugal
as soon as possible, well before the accession date.
                                                               I
6.   In a Communication to the Council dated 22 July 1983 on guidelines and
                                                                        1
proposals concerning the transition period for Po rtuguese agriculture,
the Commission proposed that a further 50 million ECU of pre-accession aid
be accorded, to be used solely for the continuation of existing operations
or the inauguration of new agricultural projects.
7.   At the 16th session of the Conference at ministerial level, which took
place in Brussels on 23 January this year, the Council endorsed the
Commission's broad approach to pre-accession aid in the following statement
                         2
to the Portuguese side:
"The Community has already pointed out in its previous statements on
agriculture that:
    it is encouraging the· Pprtuguese authorities in the steps they are taking,
    in view of the di screpancies between the Portuguese agricultural system
    and the Community system, which involve making the maximum number of
    adjustments to their system prior to accession, in order to facilitate
    the integration of Portuguese agriculture into the Community system and
    hence to derive op timum benefit as from accession from the adoption and
    implementation of the acquis comm u nautaire as regards the common
    agricultural policy, particularly in respect of structures;
1
2C0M(83)310  final.
  C0NF.-P/6/84, 26 January 1984.
 ---pagebreak---                                       -4-
-  it would accordingly be advisable to intensify these efforts both during
   the period still to elapse until accession, and after accession.
The Community has, particularly by means of the system of pre-accession a i d ,
already made a contribution to the work begun to this end in Portugal.     Given
the magnitude of the objectives to be achieved in the agricultural sphere
with regard to structures, it considers however, that the efforts which have
been undertaken in this respect need to be expanded.
The Community is accordingly prepared to continue pr e-accession aid to
Portugal for agriculture on the basis of a programme of priority structural
intervention which could be implemented during the period prior to accession,
details to be worked out subsequently by mutual agreement.
The Community reserves the right to decide on the amount and financial
conditions for granting this new pre-accession aid once the Commission
proposals have been examined.   It would however like to draw the attention
of the Portuguese delegation straight away to the fact that, in implementing
this aid, particular attention ought to be paid to certain problems peculiar
to Portugal which have been pi npointed in the accessi on negotiations and
to the need for due account to be taken, when drawing up the aforementioned
programme, of the aims of cohesion of an enlarged Community."
III.   PROPOSED USE OF SUPPLEMENTARY AID FOR AG RICULTURE
8.   The further 50 million ECU of pre-accession aid proposed by the Commission
is designed as a bridge between existing operations and what the Community
is going to have to do for Portugal as from accession to provide its
agriculture with the infrastructure and structural organisation it needs to
facilitate its integration into the common agricultural policy.
 ---pagebreak---                                         - 5 -
While it is important, therefore, that current operati on s should not be
broken off, it is just as vital that they should be coordinated to ensure
that their objectives:
(a)     are compatible with the basic principles of the common agricultural
        policy, with particular reference to the latest guidelines laid down
        for it, while at the same time taking into account the special situation
        of Portugal's farm sector;
(b)     follow on from the goals perviously set for pr e-accession aid and those
        defined in connection with the Commission's proposals for the specific
                                                1
        programme to be undertaken in Portugal.   The need for continuity will
        call for a financial contribution from the Community in keeping with
        the scale of operations required as accession approaches.
9.     In the Commission's view, if projects are to meet the criteria of compatibility
and continuity indicated above they should be set within the following broad,
framework of operations.
9.1. Agricultural advisory services
In its Communication to the Council dated 12 October 1983 on further guidelines
                                                                                2
and proposals concerning the development of agricultural structures in Portugal,
the Commission took the view that part of the pre-acc es sio n aid should be
devoted to the development of advisory services before the accession date,
since, as it pointed out, it is advisory work which must pave the way for
the success of the specific programme, and is thus a precondition for it.
1
  C0M(83)357 final.
2
  C0 MC 83)587 final.
 ---pagebreak---                                      - 6 -
 9.2.    Infrastructure measures
 Projects under this heading will include the sort of schemes which, once
 Portugal is a member, would be covered by Regu lat io n (EEC) No 355/77 on
 common measures to improve the conditions under which agricultural
products are processed and marketed.
More specifically, they will involve:
- the creation of marketing facilities for beef and veal, sheepmeat,
   cereals and fruit and vegetables;
- provision of more slaughterhouses (for beef and veal, sheepmeat and
   poultry);
- the development of storage capacity for cereals, wine, olive oil and
   seeds, and cold stores for meat;                       ’
- the setting up of grading and packing centres for eggs and seeds, and
   grading stations for fruit and vegetables.
9.3.    Measures to develop the “ cooperative spirit" among farmers and
        staff involved in the marketing o f agricultural produce
What is envisaged is something more than simply a system of aids to
encourage the formation of producer groups within the meaning of the
Community rules;    the aim is to encourage co operation and the pooling
of resources in a country where holdings are small, crops fragmented,
farming en te rprises not sufficiently complementary, and marketing
facilities poor.
In some sectors a cooperative movement is beginni ng to get off the ground,
but it still falls well short of what is desirab le simply to enable
Portugal to compete fairly with procedures in the present me mb er States.
 ---pagebreak---                                        - 7 -
Consequently, measures should not be confined to sectors in which
producer groups are important (olive oil) if not essential (fruit and
vegetables), but should e x t e n d to all branches of agricultural activity
which either have a long-term survival pr oblem (cereals, oilseeds, milk,
livestock) or could be developed in line with the objectives of the
present common agricultural policy (protein crops and certain fruits and
vegetables).
9.4.   Research
In its widest sense this covers not only scientific research in the
laboratory but also practical research in the field, in the form of
pilot projects and field tests.        The main need here is for projects
concerning livestock farming (including zo otechnics), seeds (fodder and
other crops), cultivation methods (for cereals, legumes and protein crops)
and the raising of standards e.g. in milk and milk products.
9.5.   Veterinary measures
There is an urgent need in Portugal to put in hand without delay a
campaign to eradicate bovine tuberculosis and brucellosis, along the
lines of that un dertaken in the present Community.
More also needs to be done to control African Swine Fever.        The Community
should step up its contribution to the existing operation,       as Portugal
currently lacks the money to implement measures on the necessary scale.
1Council Decision No 80/877/EEC on financial aid from the Community for
 the eradication of African Swine Fever in Portugal.
 ---pagebreak---                                       - 8 -
Finally, a special effort needs to be made to build up veterinary
inspection services, which are currently hampered not by any staff
shortage but simply by the lack of facilities.
9.6.     Statistical services
In this field, work needs to be undertaken to follow up the Farm Accountancy
Data Network (FADN) and agricultural market information service (SIMA)
projects scheduled under the first instalment of pre-accession aid.        As
those are horizontal projects, the next lot of measures should address the
more sectoral aspects of statistical services, with particular reference
to sectors where price mo nitoring is crucial to the proper functioning of
the market orga niz at ion (e.g. pigmeat, fruit and vegetables).
9.7.     Training of ad mi nistrative staff
If the common or ga niz at ion of the markets is to function properly, a sound
ad ministrative infrastructure is needed.      In Portugal this need is
pa rt icularly pressing in sectors whére it is pr oposed to apply the
acquis communautaire as from accession.
                                                                         1
As the Commission pointed out in a communication dated 22 July 1983,
while the lack of proper administrative in fr astructure is not an
absolute bar to the operation of market me chanisms, it could so upset
the fu nctioning of the common market orga niz at ion s as to harm the interests
of Portuguese producers and users or consumers alike.
1
  COM C83)310 final, 22 July 1983.
 ---pagebreak---                                        - 9 -
However, while priority should g o to the sectors scheduled for "conventional"
transition arrangements, the problem is to a great extent general, and
specific measures in this field are bound also to ease the gradual
introduction of Community rules in the sectors where a phased transition
is planned.
9.8.    Priority measures identified during the accession negotiations
In its statement at the ministerial session of the negotiating conference
on 23 January      the Community drew the Po rtuguese delegation's attention
to the fact that in implementing the supplem en tar y pre-accession aid
particular attention should be given to a number of specific problems in
Portugal which had been identified during the ne gotiations, and to the
need to take proper account, in formulating a programme of urgent
structural measures, of the objectives of f u rt her in g the cohesion of
the enlarged Community.
We must therefore provide for priority measures to remedy agricultural
structural defects linked to the specific problems referred to.
IV.     RE CO MMENDATION FOR A DECISION
The Commission accordingly confirms the proposal set out in its
                                  2
Communication of 22 July 1983 and invites the Council to agree to a
special 50 million ECU package of grant aid de signed to supplement the
existing pr e- acc es sio n aid in bringing about structural improvements in
Portugal's agriculture.        It is therefore sending the Council a
recommendation (Annex I) t o secure the nego tia ti ng directives it needs to
1
  CONF-P/6/84, 26 January 1984.
2
  C0M(83)310 final, 22 July 1983, p. 22, § 5.3.3.
 ---pagebreak---                                   - 10 -
conclude an agreement with Portugal to provide it with specific financial
aid to improve agricultural structures.   The agreement would be in the
form of an exchange of letters, a draft of which is at Annex II.
 ---pagebreak---                                                                            Annex I
                                    Recommendation for a
                                      COUNCIL DECISION
             authorizing the Commission to open ne go t i a t i o n s with
        Portugal for the conclusion of an agreement in the form of an
            exchange of letters on specific financial aid to improve
                            agricultural structures in Portugal
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty es ta bli sh ing the European Economic Community,
Having regard to the Re co mme nd ati on from the Commission,
Whereas the p r e - acc es sio n aid currently available as the Community's
contribution to the fina nci ng of specific measures to help Portugal
adapt its agricultural structures in view of its a c ce ssi on to the
European Communities will be committed in full in 1984;
Whereas the Community has stated          that  it is
prepared  to continue pr e- acc es sio n aid to Portugal for agriculture on the
basis of a programme of priority structural intervention which could be
implemented during the period prior to accession, de tails to be worked out
subsequently by mutual a g re eme nt ,
HAS DECIDED AS FOLLOWS:
                                         Sole article
The Commission is hereby au thorized to open ne go tia ti ons for the conclusion
of an agreement in the form of an exchange of letters concerning the
implementation of specific financial aid to improve agricultural structures
in Portugal.
 ---pagebreak---                                          - 2 -
The Commission shall conduct the negotiations in consultation   with
representatives of the Member States and in accordance with the
directives annexed hereto.
Done at                                             For the Counci L
                                                    The President
 ---pagebreak---                                                                           ANNEX
 1.   The Community shall ex ce ptionally contribute on the terms specified
 hereafter to the financing of specific operations u n de rta ke n by the
 Portuguese Government in order to improve agricultural structures and thus
 facilitate the application of Community rules to Po rtugal's agriculture.
 2.    For the purposes specified in paragraph 1, the sum of 50 million ECU
may be committed in the form of grants from the Community budget to
finance structural improvement projects in Portugal's agricultural sector.
No new financial commitment of any portion of this sum may be made after
the date of accession.
3.    The 50 million ECU provided for in paragraph 2 shall be used to
finance or pa rt -finance projects and programmes involving measures in
fields including:
- advisory services
- infrastructure
- development of the cooperative spirit among farmers and staff
    involved in the marketi ng of agricultural produce
- research
- animal health and ve terinary services
- statistical services
- training of a d m i n is tr ati ve personnel
- specific problems identified during negotiations.
4.    In the selection of technical assistance measures particular
co nsideration shall be given to projects likely to facilitate Portugal's
adoption of the acquis c o m m u n a u t a i r e .
5.    The Community's financial contribution to the projects or programmes
de fined in paragraph 3 may not exceed 70% of their total cost.       However, it
may cover the full cost of technical assistance operations.
 ---pagebreak---                                              - 2 -
 6.  Community aid shall be used to cover expenditure necessarily incurred
 in carrying out approved projects, programmes (including study,
 engineering consultancy and technical assistance costs) or operations.
 It may not be used to cover adminis tr ati ve or ma in t e n a n c e costs.
7.   Community aid for the implementation of capital projects or cooperation
projects or programmes may, with Portugal's consent, take the form of
cofinancing.
8.   The following are eligible for Community aid:        (a) the Portuguese State;
 (b) with the approval of the Po rtuguese State, public or private
undertakings having their registered place of business or being established
in Portugal;   (c) with the approval of the Portuguese State and as part of
cooperation projects or programmes, or technical a s si sta nc e operations,
private individuals.
9.   The Portuguese State or, with its approval, other aid recipients as
specified in paragraph 8, shall submit their ap pl ications for aid to the
Commission of the European Communities.
Examination of the el igibility of projects, programmes           or  op erations shall
be carried out by the Community with a view to p r ep ari ng Portugal for
accession, having regard to the mutual interests of the two parties.
The Community shall appraise ap pl ica ti ons for financing in collaboration
with the Portuguese State and the recipients and shall inform them of the
decision taken on such applications.
10.   The implementation, ma nagement and ma in tenance of schemes financed
under this agreement shall be the responsibility of the Portuguese State or
other recipients, as specified in paragraph 8.
The Community shall ensure that the aid it grants is used for the
purposes agreed and to the best economic advantage.
 ---pagebreak---                                           - 3 -
11.  Participation in tendering procedures and other procedures for the award
of contracts eligible for financing shall be open on equal terms to all
natural and legal persons of Portugal or of a Member State of the Community.
12.  The fiscal and customs arrangements applied by Portugal in respect of
contracts awarded for the impleme nt ati on of projects, programmes or operations
financed under this Agreement shall be at Least as fa vourable as those
applied in respect of other international organizations.
13.  The Portuguese authorities shall give all nece ssa ry aid and assistance
to Community re pr esentatives for the purposes of impl eme nt ing this
Agreement.
14.  Aid implementation may be reviewed by the Joint Committee referred to
in Article 32 of the Agreement between the European Economic Community and
the Portuguese Republic signed on 22 July 1972.
15.  This Agreement shall enter into force on the first day of the month
following the mutual noti fic at ion by the Parties of the completion of
the procedures necessary to that end.
 ---pagebreak---                                                             ANNEX I I
                                  DRAFT
                               AGREEMENT
           in the form of an exchange of letters between
           the EEC and the Portuguese Republic co ncerning
           the implementation of specific financial aid
           to improve agricultural structures in Portugal
                              Letter No 1
Si r,
On...................         the European Economic Community decided
to grant the Portuguese Republic financial aid in order to undertake,
with a view to Portugal's accession to the European Communities,
measures of common interest aimed at improving agricultural
structures and thus facilitating the ap pl ication of the common
agricultural policy in Portugal.
At the negotiations held in Brussels on . . . . . . . . . .   the delegations
of the Community and of the Portuguese Republic agreed on the terms
and d e ta ile d arrangements for implementing this aid, which are set
out in the annex to this letter.
I should be obliged if you would acknowledge receipt of this letter
and its annexes and confirm that your Government is in agreement
with their contents.
Please accept, Sir, the assurance of my highest consideration.
                                  On behalf of the Council of the
                                      European Communities
 ---pagebreak---                                           Letter No 2
Si r,
I have the honour to acknowledge receipt of your letter of today's
date, ac companied by two annexes, which reads as follows:
"On . . . . . . . . . . . . . the European Economic Community decided to
grant the Portuguese Republic financial aid in order to undertake,
with a view to Portugal's accession to the European Communities,
measures of common interest aimed at improving agricultural
structures and thus facilitating the ap plication of the common
agricultural policy in Portugal.
At the ne go tia ti ons held in Brussels on . . . . . . . . . . . . .  the
delegations of the Community and of the Portuguese Republic agreed
on the terms and detailed arrangements for im pl eme nt ing this aid,
which are set out in the annex to this letter.
I should be obliged if you would acknowledge receipt of this
tetter and its annexes and confirm that your Government is in
agreement with their contents."
I have the honour to confirm that my Government is in agreement
with the contents of your letter and of its annexes.
Please accept, Sir, the assurance of my highest consideration.
                                                  For the Government of
                                                  the Port ugu es e Republic
 ---pagebreak---                                    FINANCIAL MEMORANDUM
1.  Number of relevant budget heading
    Entry under Article 960 (financial Coop era ti on with Portugal):
    heading No 9602 - Portugal:                specific aid to improve agricultural
    structures
2.  Legal basis
    Article 235 of the EEC Treaty
3.  Proposed C l a s s i f i c a t i o n
    Compulsory e x p e n d i t u r e
4.  Description and justification of operati on
     Financing of projects and programmes of common interest in the
    agricultural sector.                Financing of technical assistance
    operations.
 5.  Nature of ex penditure and method of ca lculation
     5.1.   Grant
     5.2.   Amount set as a lump sum
 6.  Financial implications for operating appropr ia tio ns
     6.1.   Timetable for commitment and payment a p p r o p r i a t i o n s :
                                  Commitment ap pr opriation     Payment appropriation
                1985                     50 million ECU            25 mi llion ECU
                1986                                               25 million ECU
     6. 2.  70% (100% for technical assistance)
 7,  Comments
     None
 8.   Financial implications for adminis tr ati ve ap pr opr ia tio ns
     None


RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE COMMISSION TO NEGOTIATE ON BEHALF OF THE COMMUNITY WITHIN THE FRAMEWORK OF THE OECD AND UNEP THE NOTIFICATION AND CONSULTATION PROCEDURES CONCERNING TRADE IN DANGEROUS CHEMICALS


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

text:
No C 104/18                            Official Journal of the European Communities                                        21. 4. 87
              Recommendation for a Council Decision on the conclusion of an Additional Protocol to the
              Cooperation Agreement between the European Economic Community and the Lebanese
                                                           Republic
                                                       COM(87) 7 final
                             Submitted   by the Commission   to the Council on 14 January 1987
                                                        (87/C 104/03)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Lebanese Republic is hereby approved on behalf of the
                                                                  Community. The text of the Protocol is attached to this
Having regard to the Treaty establishing the European             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 Lebanese Repub-
lic (*), signed in Brussels on 3 May 1977,
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
 (•) OJ No L 267, 27. 9. 1978.                                         General Secretariat of the Council.
 ---pagebreak--- 21. 4. 87                              Official Journal of the European Communities                                  No C 104/19
                                                  ADDITIONAL P R O T O C O L
             to the Cooperation Agreement between the European Economic Community and the Lebanese
                                                              Republic
             THE EUROPEAN ECONOMIC COMMUNITY,
             of the one part, and
             THE LEBANESE REPUBLIC,
             of the other part,
             HAVING REGARD TO the Agreement between the European Economic Community and the Lebanese
             Republic, signed at Brussels on 3 May 1977, hereinafter referred to as the 'Agreement',
             WHEREAS the Community and Lebanon 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; whereas Article 44 of the Agreement provides for the possibility of improvements in its
             terms;
             WHEREAS certain rules should be laid down to enable Lebanon's traditional export trade to the Community
             to be maintained,
             HAVE 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 LEBANESE REPUBLIC,
             Who, having exchanged their Full Powers, found in good and due form,
             HAVE AGREED AS FOLLOWS:
                           Article 1                                   Should the volume of imports of this product exceed
                                                                       the reference quantity, the Community, having regard
 1.    Customs duties applicable under the Agreement                   to an annual review of trade flows which it shall carry
to imports into the Community of products listed in                   out, may make the product in question subject to a
the Annex to this Protocol and originating in Lebanon                  Community tariff quota, the volume of which shall be
shall be dismantled over the same periods and at the                  equal to the reference quantity. Once the volume of
same rates as provided in the Act of Accession of Spain                imports of such products exceeds the quota, the Com-
and Portugal in respect of imports into the Community                  munity shall apply the customs duties resulting from
as constituted on 31 December 1985 of the same prod-                  the Agreement.
ucts originating in Spain or Portugal. This provision
shall be applied in accordance with the rules hereinafter              4.     Should the Community discover, in the light of
set out in this Article.                                               an annual review of trade flows which it shall carry
                                                                       out, that the volume of imports of a product listed
                                                                       in the Annex, other than the product referred to in
In the course of such dismantling, where the level of                  paragraph 3, threatens to cause difficulties on the Com-
customs duties applied to imports into the Community                   munity market, it may establish a reference quantity as
as constituted on 31 December 1985 originating in                      provided for in paragraph 3 for that product.
Spain differs from that applied to imports originating
in Portugal, products originating in Lebanon shall be
subject to the higher of the two rates.
2.     Where the customs duty on a product listed in the                                         Article 2
Annex is lower for Lebanon than for Spain, Portugal
or both, elimination of the duty shall commence once                    1.    A Trade and Economic Cooperation Committee
the duty on that product from both Spain and Portugal                  shall be set up for the purpose of improving the oper-
 has fallen below that applied to imports originating in               ation of the institutional mechanisms of the Agreement.
 Lebanon.
                                                                       The Committee shall facilitate:
                                                                       — the regular exchange of information on trade and
3.     For the purposes of dismantling customs duties for                   production data and forecasts,
dried leguminous vegetables falling within subheading
07.05 B of the Common Customs Tariff and originating                   — the regular exchange of information on the oppor-
 in Lebanon, a reference quantity of 2 200 tonnes is                        tunities for cooperation in areas covered by the
 hereby established.                                                        Agreement.
 ---pagebreak--- No C 104/20                        Official Journal of the European Communities                               21. 4. 87
The Committee shall be chaired alternately by a rep-                                   Article 5
resentative of the Commission of the European Com-
munities and a representative of Lebanon.                      1.    This Protocol shall be ratified, accepted or
                                                               approved by the Contracting Parties in accordance with
2.    The Cooperation Council shall decide as soon as          their own procedures; the Contracting Parties shall
possible on the composiiton of this Committee and how          notify each other of the completion of the procedures
it shall function, in accordance with Article 38 (2) of        necessary to that end.
the Agreement. It may also decide, where appropriate,
that the Committee should submit a report.                     2.    This Protocol shall enter into force on the first
                                                               day of the month following such notification.
                        Article 3
From 1995 onwards the Community and Lebanon shall                                     Article 6
examine the results of cooperation between the Con-
tracting Parties in order to appraise the situation and        This Protocol shall be drawn up in duplicate in the
the future development of their relations in the light of
                                                               Danish, Dutch, English, French, German, Greek, Portu-
the objectives defined in the Agreement.
                                                               guese, Spanish and Arabic languages, each of these texts
                                                               being equally authentic.
                        Article 4                              In witness whereof, the undersigned Plenipotentiaries
                                                               have hereunto set their hands.
This Protocol shall form an integral part of the Cooper-
ation Agreement between the European Economic
Community and the Lebanese Republic.                           Done at Brussels,
                                    For the Council of the        <ean Communities
                                               For the Lebanese   Republic
 ---pagebreak--- 21. 4. 87                           Official Journal of the European Communities                                     No C 104/21
                                                              ANNEX
                     CCT                                                  Description
                  heading No
                       07.04           Dried, dehydrated or evaporated vegetables, whole, cut, sliced, broken or in
                                       powder, but not further prepared:
                                           A. Onions
                                       ex B. Other:
                                                — Garlic
                       07.05           Dried leguminous vegetables, shelled, whether or not skinned or splir.f1)
                                       B. Other
                       08.01           Dates, bananas, coconuts, Brazil nuts, cashew nuts, pineapples, avocados, man-
                                       goes, guavas and mangosteens, fresh or dried, shelled or not:
                                       H. Other
                       08.02           Citrus fruit, fresh or dried:
                                       D. Grapefruit
                       08.05           Nuts other than those falling within heading No 08.01, fresh or dried, shelled
                                       or not:
                                       B. Walnuts
                   ex 08.09            Other fruit, fresh:
                                       — Water melons, from 1 April to 15 June
                       09.09           Seeds of anise, badian, fennel, coriander, cumin, caraway and juniper
                       12.03           Seeds, fruit and spores, of a kind used for sowing:
                                       E. Other
                       12.08           Chicory roots, fresh or dried, whole or cut, unroasted; locust beans, fresh or
                                       dried, whether or not kibbled or ground, but not further prepared; fruit kernels
                                       and other vegetable products of a kind used primarily for human food, not
                                       falling within any other heading:
                                       B. Locust beans
                                       C. Locust bean seeds:
                                            I.  Not decorticated, crushed or ground
                                            II. Other
                                       D. Apricot, peach and plum stones, and kernels thereof
                                       E. Other
          (') Reference quantity of 2 200 tonnes.
 ---pagebreak--- No C 104/22                       Official Journal of the European Communities                         21. 4. 87
                     Joint Declaration by the Contracting Parties on Article 1 of the Protocol
                                     (to be annexed to the Additional Protocol)
          The Contracting Parties agree that should the entry into force of the Protocol not coincide
          with the start of the calendar or seasonal year, as the case may be, the quantitative limits
          referred to in Article 1 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 the product originating in Lebanon which are subject to such limits under
          the Protocol shall begin on 1 January of each year.