Recommendation for a COUNCIL DECISION concerning negotiations on an agreement between the European Economic Community and the United States of America concerning the application of the Community Third Country Meat Directive, Council Directive 72/462/EEC, and the corresponding United States of America regulatory requirements with respect to trade in fresh bovine and porcine meat


Important legal notice

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52007SC0725

Recommendation for a Council Decision establishing, in accordance with Article 104(8), that the action taken by the Czech Republic in response to the Recommendation of the Council in accordance with Article 104(7) of the Treaty establishing the European Community is proving to be inadequate  /* SEC/2007/0725 final */

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 30.5.2007SEC(2007) 725 finalRecommendation for aCOUNCIL DECISIONestablishing, in accordance with Article 104(8), that the action taken by the Czech Republic in response to the Recommendation of the Council in accordance with Article 104(7) of the Treaty establishing the European Community is proving to be inadequate(presented by the Commission)1. BACKGROUNDOn the basis of the Commission services’ spring 2004 economic forecasts[1], which revealed a deficit of 12.9% of GDP for 2003 (5.9% of GDP excluding a major one-off operation related to imputed state guarantees)[2], the Commission initiated the excessive deficit procedure for the Czech Republic with a report in accordance with Article 104(3)[3]. In May 2004, the Czech Republic submitted its first convergence programme, covering the period 2004-2007, and, based on a Commission recommendation, the Council adopted an opinion on it on 5 July 2004[4]. At the same time, the Council decided, on the basis of a Commission recommendation in conformity with Article 104(6), that the Czech Republic had an excessive deficit[5] and consequently, pursuant to Article 104(7), issued a recommendation to the Czech authorities for its correction, also on the basis of a Commission recommendation[6]. In this recommendation, the Council recommended the Czech authorities “ to put an end to the present excessive deficit situation as rapidly as possible ” and “ to take action in a medium-term framework in order to achieve their objective of bringing the deficit below 3% of GDP by 2008 in a credible and sustainable manner, in accordance with the path for deficit reduction specified in the Council Opinion of 5 July 2004 on the convergence programme submitted in May 2004 ” with the following intermediate annual targets: 5.3% of GDP in 2004, 4.7% of GDP in 2005, 3.8% of GDP in 2006 and 3.3% of GDP in 2007.The Czech authorities were also recommended to “ implement with vigour the measures envisaged in the May 2004 convergence programme, in particular a cut in the wage bill of central government and a reduction in spending of individual ministries ”. Further, they were invited to “ allocate higher-than-budgeted revenues to deficit reduction; introduce fiscal targeting based on medium-term expenditure ceilings and to design effective rules to reduce the risk of increasing indebtedness of regions and municipalities; undertake the reform of the pension and healthcare systems to improve the long-term sustainability of the public finances; minimise the negative budgetary impact of the operations of the Czech Consolidation Agency ”.The Council also established the deadline of 5 November 2004 to take effective action regarding the measures envisaged to achieve the 2005 deficit target. After the expiry of this deadline, the Commission concluded, in its Communication to the Council of 14 December 2004, that the Czech Republic had taken effective action regarding the measures envisaged to achieve the 2005 deficit target and hence no further steps under the EDP were required[7]. In its meeting of 18 January 2005, the Council concurred with this assessment.2. RECOMMENDATION FOR A COUNCIL DECISION CONCERNING THE LACK OF ADEQUATE ACTION UNDER ARTICLE 104(8)The Council recommendation under Article 104(7) specified that the deficit had to be brought below 3% of GDP by 2008 but did not contain a quantified target for 2008. This is because the May 2004 convergence programme, to which the Council made reference in its recommendation, covered the period until 2007. The November 2005 update of the convergence programme, which extended the programme period to 2008, set a deficit target for 2008 of 2.7% of GDP. In its opinion on this programme, the Council noted that the programme followed the deficit adjustment path set by the Council recommendations under Article 104(7)[8]. It invited the Czech Republic to “ strengthen, in the context of possible better budgetary outcome in 2005 as well as strong growth outcome and prospects, the effort in the structural budgetary adjustment, in view of the small margin below the reference value targeted for 2008 (which is the deadline for the correction of the excessive deficit) and in order to speed up the attainment of the MTO; (ii) enhance the quality of budgetary planning, in particular by analysing causes of significant expenditure carryovers and reinforcing the medium-term expenditure ceilings; (iii) improve the long-term sustainability of the public finances, in particular by accelerating the pension reform and undertaking the reform of the healthcare system ”.On 15 March 2007, the Czech Republic submitted the most recent update of the convergence programme, for the period 2006-2009. The submission of the update was delayed compared to the 1 December deadline due to the political situation in the Czech Republic in which a government was confirmed by parliament only on 19 January 2007 following the June 2006 general elections. The March 2007 update of the convergence programme contained the following annual deficit projections: 4.0% of GDP for 2007, 3.5% of GDP for 2008 and 3.2% of GDP for 2009. The deficit targets for 2007-2008 were the same as those contained in the budget for 2007, which was approved by parliament on 13 December 2006. The programme also included an additional “declaration of the new government” aiming to reduce the general deficit to 3.2% of GDP in 2008 and 2.8% of GDP in 2009 based on a wide range of still to be finalised and approved policy measures.The Commission services’ spring 2007 forecast, which projects that the deficit will reach 3.9% of GDP in 2007 and, on a no-policy change basis, 3.6% of GDP in 2008, confirms that, on current policies, the targets set in the Council recommendation under Article 104(7) for 2007 (3.3% of GDP) and 2008 (below 3% of GDP) will be missed. In structural terms (i.e. in cyclically-adjusted terms net of one-off and other temporary measures), the deficit would widen by 1¼ percentage points of GDP in 2007, after deteriorations in both 2005 and 2006.The Commission services’ forecast thus essentially confirms the convergence programme projections, which are inconsistent with a correction of the excessive deficit by the 2008 deadline. In its recommendation for a Council opinion on the update, adopted today, the Commission concludes its assessment of the programme as follows: “in spite of better growth prospects and a lower deficit in 2006 than anticipated, the programme postpones the correction of the excessive deficit until 2010, compared with the 2008 deadline set in the July 2004 Council recommendation under Article 104(7). Given the sustained growth, the postponement, which reflects the higher deficit due primarily to planned increases in social expenditure in 2007, would also result in a pro-cyclical expansionary fiscal stance”.Indeed, the increased expenditure in the 2007 budget has resulted in the previously established medium-term expenditure framework being overshot. The higher 2007 deficit comes against much stronger predicted growth than forecast at the time of the Council recommendation and is mainly due to increases in social spending decided by the previous parliament and confirmed by the new one inl the adopted budget. The impact of this additional expenditure is estimated at over 1% of GDP in 2007. It also has to be noted that the higher 2007 deficit is projected to occur against the background of much lower deficits in the preceding years than foreseen in the Council recommendation under Article 104(7): deficit outcomes in 2004-2006 were on average more than 1 percentage point of GDP better than foreseen in the Council recommendation (for 2004: deficit outcome of 2.9% of GDP against Council target of 5.3%; for 2005: 3.6% of GDP compared to 4.7%; and for 2006: 2.9% of GDP compared to 3.8% for 2006). This was due mainly to better-than-expected growth rather than durable cuts in expenditure.In sum, based on the 2007 budget and the latest update of the convergence programme, the Czech Republic plans to exceed the target for 2007 (3.3% of GDP) set by the Council in its recommendations under Article 104(7) and the target for 2008 (2.7% of GDP) set in the November 2005 convergence programme which was endorsed by the Council on 24 January 2006. The Commission services' 2007 spring forecast also project outcomes for both years in excess of the endorsed targets. By consequence, the action taken by the Czech authorities is inadequate to correct the excessive deficit by the 2008 deadline as required by the Council. No unexpected adverse economic events with major unfavourable consequences for government finances as meant in Article 3(5) of Council Regulation (EC) No 1467/97 have occurred since the adoption of the recommendation. On the contrary, developments in the economy relevant for public finances have been significantly more favourable than expected.Table1: Deficit projections and growth forecastsAnnual deficit projections (% of GDP) | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 |Commission services' spring 2007 forecast | 2.9 | 3.6 | 2.9 | 3.9 | 3.6 | - |March 2007 Convergence Programme | - | 3.6 | 3.5 | 4.0 | 3.5 | 3.2 |March 2007 Convergence Programme (alternative deficit targets in the declaration by the new government) | - | 3.6 | 3.5 | 4.0 | 3.2 | 2.8 |November 2005 Convergence Programme | 3.0 | 3.6 | 3.5 | 3.3 | 2.7 | - |July 2004 Council Recommendation | 5.3 | 4.7 | 3.8 | 3.3 | < 3 | - |GDP growth forecasts (% y-o-y) | 2004 | 2005 | 2006 | 2007 | 2008 | 2009 |Commission services' spring 2007 forecast | 4.2 | 6.1 | 6.1 | 4.9 | 4.9 | - |March 2007 Convergence Programme | - | 6.0 | 6.0 | 4.9 | 4.8 | 4.8 |November 2005 Convergence Programme | 4.4 | 4.8 | 4.4 | 4.2 | 4.3 | - |July 2004 Council Recommendation | 2.8 | 3.1 | 3.3 | 3.5 | - | - |Table 2: Comparison of key macroeconomic and budgetary projections2005 | 2006 | 2007 | 2008 | 2009 |Real GDP (% change) | CP Mar 2007 | 6.1 | 6.0 | 4.9 | 4.8 | 4.8 |COM May 2007 | 6.1 | 6.1 | 4.9 | 4.9 | n.a. |CP Nov 2005 | 4.8 | 4.4 | 4.2 | 4.3 | n.a. |HICP inflation (%) | CP Mar 2007 | 1.6 | 2.4 | 2.6 | 2.5 | 2.5 |COM May 2007 | 1.6 | 2.1 | 2.4 | 2.9 | n.a. |CP Nov 2005 | 1.5 | 2.2 | 2.0 | 2.1 | n.a. |Output gap (% of potential GDP) | CP Mar 20071 | -0.7 | 0.9 | 1.1 | 1.0 | 1.0 |COM May 20073 | -1.1 | 0.4 | 0.5 | 0.5 | n.a. |CP Nov 20051 | -0.8 | -0.1 | 0.3 | 0.8 | n.a. |General government balance (% of GDP) | CP Mar 20076 | -3.6 | -3.5 | -4.0 | -3.5 | -3.2 |COM May 2007 | -3.5 | -2.9 | -3.9 | -3.6 | n.a. |CP Nov 2005 | -4.8 | -3.8 | -3.3 | -2.7 | n.a. |Primary balance (% of GDP) | CP Mar 2007 | -2.5 | -2.4 | -2.6 | -2.0 | -1.6 |COM May 2007 | -2.4 | -1.8 | -2.8 | -2.6 | n.a. |CP Nov 2005 | -4.1 | -3.0 | -2.4 | -1.7 | n.a. |Cyclically-adjusted balance (% of GDP) | CP Mar 20071 | -3.4 | -3.9 | -4.4 | -3.9 | -3.5 |COM May 2007 | -3.1 | -3.1 | -4.1 | -3.8 | n.a. |CP Nov 20051 | -4.5 | -3.8 | -3.4 | -3.0 | n.a. |Structural balance2 (% of GDP) | CP Mar 2007 | -3.4 | -3.9 | -4.4 | -3.9 | -3.5 |COM May 20074 | -2.0 | -2.8 | -4.1 | -3.8 | n.a. |CP Nov 20055 | -3.4 | -3.8 | -3.4 | -3.0 | n.a. |Government gross debt (% of GDP) | CP Mar 2007 | 30.4 | 30.6 | 30.5 | 31.3 | 32.2 |COM May 2007 | 30.4 | 30.4 | 30.6 | 30.9 | n.a. |CP Nov 2005 | 37.4 | 37.1 | 37.9 | 37.8 | n.a. |Notes: |1 Commission services calculations on the basis of the information in the programme. |2 Cyclically-adjusted balance (as in the previous rows) excluding one-off and other temporary measures. |3 Based on estimated potential growth of 4.2%, 4.6%, 4.8% and 4.9% respectively in the period 2005-2008. 4 One-off and other temporary measures taken from the Commission services' spring 2007 forecast (1.1% of GDP in 2005 and 0.2% of GDP in 2006 - both deficit increasing). 5 One-off and other temporary measures taken from the CP 2005 programme (1.1% of GDP in 2005 - deficit increasing). 6 Alternative deficit targets based on as yet unapproved measures of the new Czech government: 3.2% of GDP in 2008, 2.8% of GDP in 2009. |Source: |Convergence programme (CP); Commission services’ spring 2007 economic forecasts (COM); Commission services’ calculations. |Recommendation for aCOUNCIL DECISIONestablishing, in accordance with Article 104(8), that the action taken by the Czech Republic in response to the Recommendation of the Council in accordance with Article 104(7) of the Treaty establishing the European Community is proving to be inadequateTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 104(8) thereof,Having regard to the Recommendation from the Commission,Whereas:1.  According to Article 104 of the Treaty, Member States are to avoid excessive government deficits.2.  The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation. The Stability and Growth Pact includes Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (EDP)[9] which was adopted to further the prompt correction of excessive general government deficits.3.  By Council Decision 2005/185/EC[10] of 5 July 2004, it was decided, following a recommendation from the Commission in accordance with Article 104(6) of the Treaty, that an excessive deficit existed in the Czech Republic.4.  On 5 July 2004, in accordance with Article 104(7) of the Treaty and Article 3(4) of Regulation (EC) No 1467/97, the Council, based on a recommendation from the Commission, adopted a recommendation to the Czech authorities with a view to bringing the excessive deficit situation to an end as rapidly as possible and to taking action in a medium-term framework to achieve the objective of bringing the deficit below 3% of GDP by 2008 in a credible and sustainable manner, in accordance with the path for deficit reduction specified in the convergence programme submitted by the authorities in May 2004 and endorsed in the Council Opinion of 5 July 2004[11], with the following intermediate annual targets: 5.3% of GDP in 2004, 4.7% of GDP in 2005, 3.8% of GDP in 2006, 3.3% of GDP in 2007. The Council established the deadline of 5 November 2004 to take effective action "regarding the measures envisaged to achieve the 2005 deficit target". The Czech Republic agreed to make the recommendation public.5.  After the expiry of the deadline of 5 November 2004, the Commission concluded, in its Communication to the Council of 14 December 2004[12], that no further steps were necessary under the excessive deficit procedure for the Czech Republic as the Czech government had taken effective action regarding the measures envisaged to achieve the 2005 deficit target. The November 2005 update of the convergence programme indicated a deficit of 2.7% of GDP for 2008 which was endorsed by the Council on 24 January 2006.6.  The assessment of the action taken by the Czech Republic to correct the excessive deficit by 2008 in response to the Council recommendation under Article 104(7) leads to the following conclusions:7.  on 15 March 2007, the Czech Republic submitted the most recent update of the convergence programme, covering the period until 2009. The programme contained the following annual deficit projections: 4.0% of GDP for 2007, 3.5% of GDP for 2008 and 3.2% of GDP for 2009. The programme also included an additional “declaration of the new government” aiming to reduce the general deficit to 3.2% of GDP in 2008 and 2.8% of GDP in 2009 based on a wide range of as yet unknown policy measures;8.  the Commission services’ spring 2007 forecast, which projects that the deficit will reach 3.9% of GDP and 3.6% of GDP in 2007 and 2008 respectively on a no-policy change basis, confirms that, on current policies, the targets set in the Council recommendation under Article 104(7) for 2007 (3.3% of GDP) and 2008 (below 3% of GDP) will be missed. In structural terms (i.e. in cyclically-adjusted terms net of one-off and other temporary measures), the deficit would widen by 1¼ percentage points of GDP in 2007, after deteriorations in both 2005 and 2006;9.  the higher 2007 deficit comes against much stronger growth than forecast at the time of the Council recommendation and is mainly due to increases in social spending decided before the 2006 parliamentary elections. The higher 2007 deficit is projected to occur against the background of much lower deficits in the preceding years than foreseen in the Council recommendation. This was due mainly to better-than-expected growth rather than durable cuts in expenditure.10.  This leads to the conclusion that, while the Czech Republic has so far overachieved the budgetary targets for 2004-2006 of the consolidation path set in the Council recommendation of 5 July 2004, 2007 deficit will be well above the target set by the Council and the 2008 deficit will on current policies clearly exceed the 3% of GDP threshold. The Czech authorities’ budgetary targets are not in line with the recommendations of the Council for a correction of the excessive deficit by the 2008 deadline. No unexpected adverse economic events with major unfavourable consequences for government finances as meant in Article 3(5) of Council Regulation (EC) No 1467/97 have occurred since the adoption of the recommendation. On the contrary, developments in the economy relevant for public finances have been significantly more favourable than expected.HAS ADOPTED THIS DECISION:Article 1The action taken by the Czech Republic in response to the Council Recommendation of 5 July 2004 under Article 104(7) of the Treaty is proving to be inadequate to correct the excessive deficit within the deadline fixed by the Recommendation.Article 2This Decision is addressed to the Czech Republic.Done at Brussels,For the CouncilThe President [1] The Commission spring 2004 economic forecast took into consideration data reported by the Czech Republic in March 2004.[2] In the meantime, the deficit figure for 2003 has been revised, according to the usual procedures. It now stands at 6.6% of GDP.[3] SEC(2004) 575.[4] OJ C 320, 24.12.2004, p. 1.[5] OJ L 62, 9.3.2005, p. 20.[6] See http://register.consilium.eu.int/pdf/en/04/st11/st11215.en04.pdf.[7] Communication from the Commission to the Council: The action taken by the Czech Republic, Cyprus, Malta, Poland and Slovakia in response to the Council recommendations under the excessive deficit procedure - SEC(2004) 1630, 22.12.2004.[8] OJ C 55, 7.3.2006, p. 5.[9] OJ L 209, 2.8.1997, p. 6, Regulation as amended by Regulation (EC) No 1056/2005 (OJ L 174, 7.7.2005, p. 5).[10] OJ L 62, 9.3.2005, p. 20.[11] OJ C 320, 24.12.2004, p. 1.[12] Communication from the Commission to the Council: The action taken by the Czech Republic, Cyprus, Malta, Poland and Slovakia in response to the Council recommendations under the excessive deficit procedure - SEC(2004) 1630, 22.12.2004.


RECOMMENDATION FOR A COUNCIL DECISION AUTHORIZING THE OPENING OF NEGOTIATIONS WITH THE YEMEN ARAB REPUBLIC WITH A VIEW TO THE CONCLUSION OF A COOPERATION AGREEMENT


              COMMISSION OF THE EUROPEAN COMMUNITIES
                                            Brussels, 04.09.1996
                                            COM(96)423 final
                           Recommendation for a
                           COUNCIL DECISION
approving the signature of an Agreement for scientific and technological
  cooperation between the European Community and the Republic of
                               South Africa
                       (presented by the Commission)
 ---pagebreak---  ---pagebreak---               Recommendation for a Council Decision approving the signature of an
               Agreement for scientific and technological cooperation between the European
               Community and the Republic of South Africa
1. In the framework of the new relationship between the European Union and South Africa, the
   South African authorities have repeatedly requested the development of closer relations with
   the European Union in the area of science and technology.
   The Commission reacted favourably to these requests by sending, in October 1994, an
   exploratory mission to South Africa. It led to the conclusion that there was a mutual interest
   in cooperation in a wide variety of research sectors. The mission also concluded that closer
   collaboration with South Africa in the area of science and technology might have positive
   effects on the larger region of Southern Africa, taking into account South Africa's pivotal role
   in the Southern African Development Community (SADC).
   After having received on 22 December 1994 a proposal for a cooperation agreement in science
   and technology from the South African Government and after further exploratory discussions
   and consultation among Commission services concerned, the Commission asked the Council
   for negotiating directives for a S&T cooperation agreement covering all activities related to the
   European Community's multi-annual Framework Programme for RTD (1994-1998). On
   22 January 1996 the Council authorised the Commission to negotiate the agreement in question.
   The negotiations resulted in the attached draft agreement, including its annex on the
   dissemination and utilization of information and management, allocation and exercise of
   intellectual property rights.
   The draft Agreement provides for :
        the participation of research entities, including the Parties themselves, in RTD projects
        conducted by South Africa or the Community in research areas covered by the European
        Community's Fourth Framework Programme;
        the shared use of research facilities;
        visits and exchanges of researchers, engineers and technicians;
        the exchange of information;
        other activities as may be jointly determined by the Joint Science and Technology
        Cooperation Committee in accordance with the applicable policies and programmes of the
        Parties;
                                               3:
 ---pagebreak---        the endorsement by the Parties of Technology Management Plans as a condition for
       research projects to proceed, as described in the Annex to the draft Agreement;
       cooperative activities to be subject to the availability of funds and to the applicable laws
       and regulations, policies and programmes of South Africa and the Community; no transfer
       of funds will take place, except for the purpose of participation by South African research
       entities in the specific programme of RTD in the field of cooperation with third countries
       and international organisations, for which South Africa is considered a developing country.
4. The draft Agreement has been initialled on 7 May 1996. The results of the negotiations are
   in conformity with the negotiating directives as adopted by the Council on 22 January 1996.
5. In the light of the above mentioned considerations the Commission proposes that the Council,
   without prejudice to the conclusion of the Agreement after consultation of the European
   Parliament :
       decide that the Agreement be signed on behalf of the Community and
        authorize the President of the Council to appoint the persons duly empowered to sign on
        behalf of the Community.
                                                 3
 ---pagebreak---                                      Draft
                                AGREEMENT
                 on scientific and technological cooperation
   between the European Community and the Republic of South Africa
THE COUNCIL OF THE EUROPEAN UNION acting on behalf of the
European Community (hereinafter "the Community"), of the one part, and
THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA acting on
behalf of the Republic of South Africa (hereinafter "South Africa"), of the
other part,
hereinafter referred to as the "Parties";
CONSIDERING the importance of science and technology for their
economic and social development;
WHEREAS the Community and South Africa are pursuing research and
technological development including demonstration in a number of areas of
common interest and mutual benefit may be derived if the Parties engage
in cooperative activities;
WHEREAS such cooperation should also be to the benefit of the Southern
African Development Community where possible and justified;
WHEREAS, for this purpose, it is desirable that a framework for cooperation
be established;
WHEREAS South Africa, on the one hand, and the Community and its
Member States, on the other hand, are negotiating an agreement referring
inter alia to the negotiation of a cooperation agreement in the field of
science and technology;
WHEREAS, by Decision No 1110/94/EC, the European Parliament and the
Council of the European Union adopted a Framework Programme of
 European Community activities in the field of research and technological
development and demonstration (1994-1998), hereinafter called the "Fourth
 Framework Programme";
                                  H-5
                                                                            i.
 ---pagebreak--- WHEREAS, without prejudice to the relevant provisions of the Treaty
instituting the European Community, this Agreement and any activities
entered into under it will in no way affect the powers vested in the Member
States to undertake bilateral activities with South Africa in the fields of
science, technology, research and development, and to conclude, where
appropriate, agreements to that end;
HAVE AGREED AS FOLLOWS:
                                   ARTICLE 1
                                    Objectives
The Parties shall encourage and facilitate cooperation between the
Community and South Africa in fields of common interest where they are
supporting research and development including demonstration activities to
advance science and/or technology.
                                   ARTICLE 2
                                    Definitions
 For the purposes of this Agreement:
 a)   "Cooperative activity" means any activity carried out under this
      Agreement and includes joint research;
 b)   "Information " means scientific or technical data, results or methods of
      research and development stemming from the joint research and any
      other information deemed necessary by the participants engaged in
      cooperative activity, including, where necessary, the Parties
      themselves;
c)    "Intellectual Property" shall have the meaning defined in Article 2 of the
      Convention establishing the World Intellectual Property Organization,
      done at Stockholm, 14 July, 1967;
d)    "Joint research" means research, technological development and
      demonstration that is implemented with or without financial support
      from either or both Parties and that involves collaboration by
      participants from both the Community and South Africa;
e)    "Participant" or "Research entity" means any person, legal entity,
      university, research institute or any other body or undertaking
      participating in a cooperative activity, including the Parties themselves.
                                                                                H
 ---pagebreak---                                        ARTICLE 3
                                         Principles
Cooperation shall be conducted on the basis of the following principles:
a)   mutual benefit;
b)   timely exchange of information which may affect the actions of
     participants in cooperative activities; and
c)   within the framework of applicable laws and regulations, effective
     protection of intellectual property and equitable sharing of intellectual
     property rights, as set out in the Annex, which forms an integral part
     of this Agreement.
                                        ARTICLE 4
                               Scope of the cooperation
Cooperation under this Agreement may cover all research and technological
development and demonstration (hereinafter referred to as RTD) activities
related to the Fourth Framework Programme and all similar RTD activities
in South Africa.
                                        ARTICLE 5
                               Modalities of cooperation
Cooperation may take the following forms:
(a) (i)     participation of South African research entities in RTD projects
            related to the Fourth Framework Programme and a reciprocal
            participation of research entities of the European Community in
            South African projects in similar areas of research; as regards
            South African participation in Community RTD projects, such
            participation shall be subject to the rules applicable for the
            participation of undertakings, research centres and universities in
            the specific programmes of RTD of the Community 1;
    Council Decision of 21 November 1994 concerning the rules for the participation of undertakings,
    research centres and universities in the research, technological development and demonstration
    activities of the European Community (O.J. nr L306 of 30.11.1994, p. 8)
                                             *
 ---pagebreak---     (ii) for the purpose of participation by South African research entities
          in the specific programme of RTD in the field of cooperation with
          third countries and international organizations (1994-1998) South
          Africa is considered a developing country;
(b) shared use of research facilities;
(c) visits and exchanges of research workers, engineers and technicians;
(d) participation by experts in seminars, symposia and workshops;
(e) scientific networks and training of researchers;
(f) exchange of information on practices, laws, regulations              and
    programmes relevant to cooperation under this Agreement;
(g) other modalities as may be recommended by the Joint Science and
    Technology Cooperation Committee in accordance with the applicable
    policies and programmes of the Parties.
With the exception of projects under (a)(ii) above, joint RTD projects shall
proceed once the participants have concluded a Joint Technology
Management Plan (JTMP), as indicated in the Annex to this Agreement.
                                  ARTICLE 6
     Joint Science and Technology Cooperation Committee (JSTCC)
(a) A Joint Science and Technology Cooperation Committee will be
    established in order to administer this Agreement; it will be composed
    of representatives of the Commission and of South Africa; it shall adopt
     its rules of procedure.
(b) The functions of the JSTCC shall be to:
     1.    promote and review the various cooperation activities envisaged
           under this Agreement;
     2.    make recommendations pursuant to Article 5 (g);
     3.    advise the Parties on ways to enhance cooperation consistent with
           the principles set out in this Agreement;
     4.    review the efficient and effective functioning of the Agreement;
     5.    provide a report annually to the Parties on the level, status and
           effectiveness of cooperation undertaken under this Agreement.
                                                                             n
                                        %
 ---pagebreak--- (c)  The JSTCC shall meet as mutually agreed, meetings being held
     alternately in the Community and South Africa.
(d)  Costs incurred by or on behalf of the Committee shall be met by the
      Party to whom the members are responsible. Costs, other than those
     of travel and accommodation, which are directly associated with
      meetings of the Committee, shall be met by the host Party.
                                  ARTICLE 7
                                   Funding
(a)   Cooperative activities shall be subject to the availability of funds and
     to the applicable laws and regulations, policies and programmes of the
      Parties.
(b)   Costs incurred by participants in cooperative activities shall not require
      any transfer of funds from one Party to the other, except for the
      participation referred to under Article 5 (a) (ii).
                                  ARTICLE 8
                      Entry of Personnel and Equipment
Each Party shall take all reasonable steps and use its best efforts, within
existing laws and regulations, to facilitate entry to and exit from its territory
of personnel, material and equipment of the participant(s) engaged in or
used in cooperative activities under this Agreement.
                                  ARTICLE 9
                  Dissemination and Utilization of Information
Research entities established in South Africa, participating in Community
RTD projects, shall, as regards ownership, dissemination and utilization of
information and intellectual property arising from such participation, be
subject to the rules for the dissemination of the research results from the
specific programmes of RTD of the Community, and the Annex to this
Agreement.
Research entities established in the Community, taking part in South African
RTD projects, shall, as regards ownership, dissemination and utilization of
information and intellectual property arising from such participation, have the
same rights and obligations as those of South African research entities, and
be subject to the Annex to this Agreement.
                                                                                a
 ---pagebreak---                                  ARTICLE 10
                            Territorial Application
This Agreement shall apply, on the one hand to the territories in which the
Treaty establishing the European Community is applied and under the
conditions laid down in that Treaty and, on the other hand to the territory of
South Africa.
                                 ARTICLE 11
           Entry into Force; Termination; Settlement of Disputes
(a)  This Agreement shall enter into force on the date on which the Parties
     have notified each other in writing that their legal requirements have
     been fulfilled.
(b)  This Agreement shall be concluded for the duration of the Fourth
     Framework Programme and will be renewable by common agreement
     between the Parties (tacit renewal) for the specific programmes
     implementing subsequent Framework Programmes of the Community.
(c)  This Agreement may be amended by agreement of the Parties.
     Amendments shall enter into force on the date on which the Parties
     have notified each other in writing that their legal requirements have
     been fulfilled.
(d) This Agreement may be terminated at any time by either Party upon
     a six months written notice. The expiration or termination of this
     Agreement shall not affect the validity or duration of any arrangements
     made under it, or any specific rights and obligations that have accrued
     in compliance with the Annex.
(e)  All questions or disputes related to the interpretation or implementation
     of this Agreement shall be settled between the Parties by mutual
     agreement.
                                 ARTICLE 12
This Agreement is drawn up in duplicate in the Danish, Dutch, English,
Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish
languages, each of these texts being equally authentic.
For the Council of the European Union
For the Government of the Republic of South Africa
                                                                               i
 ---pagebreak---                                                                                ANNEX
   ANNEX ON THE DISSEMINATION AND UTILIZATION OF INFORMATION
              AND MANAGEMENT, ALLOCATION AND EXERCISE OF
                            INTELLECTUAL PROPERTY RIGHTS
L
    OWNERSHIP, ALLOCATION AND EXERCISE OF RIGHTS
1.  All research carried out pursuant to this Agreement shall be "joint research". The
   participants performing the joint research shall develop Joint Technology Management
   Plans (JTMPs) which shall contain, as a minimum, principles in respect of the ownership
   and use, including publication, of information and Intellectual Property (IP) to be created
   in the course of the joint research*.
   The JTMPs shall be approved by the responsible funding agency or department of the
   Party involved in financing the research, before the conclusion of the specific research
   and development cooperation contracts to which they are attached. The JTMPs shall be
   developed taking into account the aims of the joint research, the relative contributions
   of the participants, the advantages and disadvantages of licensing by territory or for
   fields of use, requirements imposed by applicable laws, the need for dispute settlement
   procedures and other factors deemed appropriate by the participants. The rights and
   obligations concerning the research and information generated by visiting researchers in
   respect of IP shall also be addressed in the JTMPs.
2. Information or IP created in the course of joint research and not addressed in a JTMP
   shall be allocated following the procedures set out in 1,1 according to the principles set
   out in that JTMP. In case of disagreement, which cannot be resolved by the agreed
   dispute resolution procedure, such unallocated information or IP shall be owned jointly
   by all the participants involved in the joint research from which the information or IP
   results, and each participant to whom this provision applies shall have the right to use
   such information or IP for his/her own commercial exploitation with no geographical
   limitation.
3. In accordance with applicable laws, each Party shall ensure that the other Party and its
   participants may have the rights to IP allocated to them in accordance with the principles
   set out in section I of this Annex.
4. While maintaining the conditions of competition in areas affected by the Agreement,
   each Party shall endeavour to ensure that rights acquired pursuant to thé Agreement, and
   arrangements made under it, are exercised in such a way as to encourage in particular:
   (i)  the dissemination and use of information created, disclosed, or otherwise made
        available, under the Agreement;
   (ii) the adoption and implementation of international standards.
   The indicative features of such JTMPs are set out in Appendix.
                                                 .M
                                                                                i
 ---pagebreak--- II.   COPYRIGHT WORKS
Copyright belonging to the Parties or to their participants shall be accorded treatment
consistent with the Berne Convention (Paris Act 1971).
IIL SCIENTIFIC LITERARY WORKS
Without prejudice to Section IV, unless otherwise agreed in the JTMP, any publication of
results of the joint research shall be made jointly by the participants. In addition to the
foregoing general rule, the following procedure shall apply:
1.    In the case of publication by a Party or public bodies of that Party of scientific and
      technical journals, articles, reports, books, including video and software, arising from
     joint research pursuant to the Agreement, the other Party shall be entitled, with written
      permission from the publisher, to a world-wide, non-exclusive, irrevocable, royalty-free
      licence to translate, reproduce, adapt, transmit and publicly distribute such works.
2.    The Parties shall endeavour to disseminate literary works of a scientific character arising
      from joint research pursuant to the Agreement and published by independent publishers
      as widely as possible.
3.    All copies of a copyright work to be publicly distributed and prepared under this
      provision shall indicate the names of the author(s) of the work unless an author or
      authors expressly declines or decline to be named. Copies shall also bear a clearly
      visible acknowledgement of the cooperative support of the Parties
IV. UNDISCLOSED INFORMATION
A.    Documentary undisclosed information
1.    Each Party or its participants shall identify at the earliest possible moment, and
      preferably in the JTMP, the information that it wishes to remain undisclosed in relation
      to this Agreement, taking into account, among other things, the following criteria:
           secrecy of the information in the sense that the information is not, as a body or in
           the precise configuration or assembly of its components, generally known among
           or readily accessible by lawful means to experts in the field;
           the actual or potential commercial value of the information by virtue of its secrecy;
           previous protection of the information in the sense that it has been subject to steps
           that were reasonable under the circumstances by the person lawfully in control, to
           maintain its secrecy.
                                                X9L
 ---pagebreak--- 2.    Participants shall not normally be required to provide undisclosed information to the
      Parties. Should the Parties become aware of such information, they shall respect the
      privileged nature thereof, and it shall not be further disclosed by, within, or between the
      Parties, without the written consent of the participant(s) to whom the information
      belongs. These limitations shall automatically terminate when such information is
      disclosed by the owner, without restriction, to experts in the field.
3.    Each Party shall ensure that undisclosed information, communicated between them under
      the Agreement, and its ensuant privileged nature is readily recognizable as such by the
      other Party, for example, by means of an appropriate marking or restrictive legend. This
      also applies to any reproduction of the said information, in whole or in part.
4.    Undisclosed information communicated under the Agreement, and received from the
      other Party, may be disseminated by the receiving Party to persons within or employed
      by the receiving Party and other concerned departments or agencies of the receiving
      Party authorized for the specific purposes of the joint research underway, provided that
      any undisclosed information so disseminated shall be pursuant to a written agreement
      of confidentiality and shall be readily recognizable as such, as set out above.
5.    With the prior written consent of the Party providing undisclosed information under the
      Agreement, the receiving Party may disseminate such undisclosed information more
      widely than otherwise permitted in Paragraph 3 above. The Parties shall cooperate in
      developing procedures for requesting and obtaining prior written consent for such wider
      dissemination, and each Party will grant such approval to the extent permitted by its
      domestic policies, regulations and laws.
B.    Non-documentary undisclosed information
Non-documentary undisclosed or other confidential or privileged information provided in
seminars and other meetings arranged under the Agreement, or information arising from the
attachment of staff, use of facilities, or joint projects, shall be treated by the Parties or their
participants according to the principles specified in Section IV A above, provided, however,
that the recipient of such undisclosed or other confidential or privileged information has been
made aware in advance and in written form of the confidential character of the information
to be communicated.
C. Control
Each Party shall make its best efforts to ensure that undisclosed information received by it
under the Agreement shall be controlled as provided therein. If one of the Parties becomes
aware that it will be, or may reasonably be expected to become, unable to meet the non-
dissemination provisions of Paragraphs A and B above, it shall immediately inform the Party
likely to be affected by the dissemination. The Parties involved shall thereafter consult to
define an appropriate course of action.
                                                  Ai
                                                                                i
 ---pagebreak---                                                                                APPENDIX
                             INDICATIVE FEATURES OF A
                 JOINT TECHNOLOGY MANAGEMENT PLAN (JTMP)
The JTMP is part of the contract to be concluded between the participants in joint research
defining their respective rights and obligations. With respect to Intellectual Property Rights,
the JTMP will normally address, inter alia: ownership, protection, user rights for research and
development purposes, exploitation and dissemination, including arrangements for joint
publication, the rights and obligations of visiting researchers and dispute settlement
procedures. The JTMP may also address foreground and background information, the rules
governing disclosure of undisclosed information, licensing and deliverables.
                                                                                ft
                                               t<<
 ---pagebreak---                                     FINANCIAL STATEMENT
1. Title of the operation
International scientific cooperation : cooperation agreement in science and technology with the
Republic of South Africa.
2. Relevant budget headings
Travel costs for EC officials and EC experts will be charged to the specific budget headings of the
programmes within the Community RTD IV Framework Programme/EC part.
3. Legal basis
Article 130i and 130m in conjunction with Article 228 of the EC Treaty.
Council and Parliament Decisions 1110/94/EC of 26 April 1994 and 616/96/CEof 25 March 1996.
4. Description of the operation
4.1.    Specific objectives of the operation
The essential objective is to stimulate RTD cooperation between the EC and South Africa in terms
of research projects covered by the Framework Programme.
4.2.    Duration
The agreement shall be concluded for the duration of the Framework Programme (1994-1998) and
will be renewable by common agreement between the parties (tacit renewal) for all the specific
programmes implementing subsequent Framework Programmes. It may be terminated at any time
by either Party upon a six months' written notice.
5. Classification of the expenditure
5.1.    Non-compulsory expenditure
5.2.    Differentiated appropriations
6. Type of expenditure
Financing missions to South Africa by Commission officials; organization of workshops, seminars
and meetings in Europe and South Africa.
                                                 AK~
 ---pagebreak--- 7. Financial impact
7.1.     Method of calculating the total annual cost of the operation (estimate)
         a. Preparatory activities, review of the cooperation : meetings of the Joint Science and
             Technology Cooperation Committee, exchange of information, visits of officials and
             experts to South Africa                                                      50.000 Ecus
         b. Scientific and technical workshops/meetings                                   60.000 Ecus
                                                              Total :               110.000 Ecus/year
7.2.      Indicative multi-annual schedules (MECU)
          FP IV-EC
                           1995        1996         1997         1998       1999 +      2000 +       TOTAL
      Commitments       2599,467     2836,804     3164,853    3162,876         -           -       11764,000
        Payments         694,567     2010,940     2402,509    3284,733     2054,287     1316,964   11764,000
8. Anti-fraud measures
There are many administrative and financial controls at each stage of the signature and
implementation of research contracts. Among these controls are the following :
At the stage prior to the conclusion
     Initial selection of proposals based on the scientific merit of the project and on the realism of
     research costs relative to the content, duration of the project and its potential implications.
-    Analysis of financial details submitted by the proposers in the contract negotiation form.
After signature of the contract
-    Examination of expenditure at a number of levels (financial officer, scientific officer) before
     payment.
-    Internal audit performed by the Financial Controller.
-    On-site audit, which should allow the detection of errors and other irregularities by examination
     of supporting documents. In order to improve the efficiency of these controls, the Commission
     services have established an audit unit which coordinates all controls taking place. These
     controls are carried out either by members of this audit unit or by audit firms with which the
     Commission has concluded a contract, under the supervision of personnel from this audit unit.
-    On the spot inspections made by the Financial Controller of the Commission and by the Court
     of Auditors of the European Union.
                                                  AG
 ---pagebreak--- 9. Cost-effectiveness analysis
9.1.    Specific objectives, target population
-   the agreement is designed to enable the Community and South Africa to profit on the basis of
    the principle of mutual benefit, from the scientific and technical progress achieved under their
    reciprocal research programmes, via the participation of the South African scientific community
    and industrial sector in the Community's research projects and via the independent and non-
    subsidized participation of bodies established in the Community in South African research
    projects;
-   beneficiaries in the EC and South Africa will be the scientific communities, the industrial sector
    and the general public, thanks to the direct and indirect effects of cooperation.
9.2.    Justification of the operation
Community budget intervention is indispensable because the planned cooperation comes under the
implementation of the Framework Programme, including the budgetary section : participation by
South Africa in certain specific programmes and administrative expenditure on the European side
(missions by Community officials, organization of seminars in the Community and South Africa).
9.3.    Monitoring and evaluation of the operation
The cooperation agreement will be evaluated regularly by the Commission services concerned. The
evaluation will comprise the following elements :
a. Collection of information :
    On the basis of data from the specific programmes of the framework programmes.
b. Overall evaluation of the operation :
    An evaluation of all the cooperation activities in the context of this agreement will be made by
    the Commission's departments at the end of each year.
10.     Implications for administrative expenditure
-   The Commission is not requesting any additional posts for the management of the Agreement.
-   No officials are being specifically assigned to manage the Agreement. Cooperation activities
    and the implementation of the Agreement will be managed by the staff authorized for the
    specific programmes under the present Framework Programme and possible subsequent
    Framework Programmes.
                                                  M
 ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(96) 423 final
                                              DOCUMENTS
EN                                                                        u    is
                                    Catalogue number : CB-CO-96-418-EN-C
                                                             ISBN 92-78-07898-0
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                             AS


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

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 223
Vol. 1975/0080
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                     COM(75 ) 223 final
                                     Brussels , 23 May 1975
                     RECOMMENDATION FOR A
                       COUNCIL DECISION
       on the conclusion of an agreement between the
       European Economic Community and the Hashemite
       Kingdom of Jordan for the supply of cereals
       as food aid
                                          «
        ( submitted to the Council by the Commission )
 C0M(75 ) 223 final                            /
 ---pagebreak---                                   I
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  Having regard, to the Treaty establishing the European Economic Community ,
  and in particular Articles 113 ? 114 and. 228 , thereof ;
  Having regard to the Recommendation from the Commission }
  Whereas the European Economic Community has concluded the second Convention
  relating to food aid^\
  Whereas the   Hash emit e Kingdom of Jordan                 ' »
  has requested food aid ;
 Whereas in view of the cereal supply situation in      Jordan that country
  should be accorded , by way of gift , 10,000 metrio tons of oommon wheat in the
  form of 6 623 metric tons of flour of common wheat under the Community Pood
 Aid Programme for 1974/75 }
 DECIDES :
                                  Article  1
 On behalf of the European Economic Community an Agreement , the text whereof
  is annexed hereto , shall be concluded between the European Economic Community
 and the Hashemite Kingdom of Jordan for supply of flour of common wheat as
 food aid .
                                  Article  2
 The President of the Council is hereby authorized to designate those who
                                             • a
 aire to sign the Agreement and to confer on them the requisite powers to
 bind the Community .
 Done at Brussels ,                  19
                                                      For the Council
                                                       The President
( 1 ) J.O.  L 219 du 9.0.74 , p. 36
 ---pagebreak---             AGREEMENT
BETWEEN. THE EUROPEAN ECONOMIC COMMUNITY
AND THE '.HASHEMITE' KINGDOM OP JORDAN ON
THE SUPPLY OF POOD AID IN THE FORM OP
CEREAIS .
 ---pagebreak---  THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                  of the one part ,
THE GOVERNMENT OP THE HASHEMITE KINGDOM OP JORDAN
                                                  of the other part ,
HAVE DECIDED to conclude this Agreement and to this end have
designated as their plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERNMENT OP THE HASHEMITE KINGDOM OP JORDAN :
WHO HAVE AGREED AS FOLLOWS
 ---pagebreak---                                  ARTICLE     I
 Under its food aid programme for cereals for 1974/ 75 the European Economio
 Community shall , by way of gift , supply to the Hashemite Kingdom of Jordan
hereinafter referred to as "the recipient country ", a quantity of 10 000
metric tons of common wheat in the form of 6 623 metric tons of flour of
common wheat .
                           I
                                ARTICLE    II
Deliveries shall be effected FOB in new cotton sacs with a net weight of 50 kg
each under the arrangements provided in the Annex which . forms an integral part
of the present Agreement .         '
                               • ARTICLE III              #         . . *
                                                                  \              ;
'j.'ho recipient country undertakes to lr.ake all necessary arrangements for the
transport arid insurance of the products from point of delivery to places of
destination .                    '     ' . '
It undertakes to exercise the greatest care to ensure that the tendering e.rr
Cements for sea transport do not prejudice the free play of fail' competition
Any problems arising in this connection shall "be the subject of consultation
under Article VIII of the present Agreement *
                                   AnTIOIB . IV
                                               ■-
Tno recipient country undertakes to use the product received as aid for pur
poses of consumption and :to distribute it free to the people in need .
 ---pagebreak---                             • ARTICLE V
 The Contracting Parties undertake to implement this Agreement in such a way         ,
 as to avoid any prejudice to the normal structure of national production      L
 and international trade . To this end they shall take any measures required         j
 to ensure that supplies as aid are in addition to and do not replace business j
 transactions which might reasonably be expected in the absence of such supplies.
In particular , the recipient country undertakes to import commercially from
whatever source between 1 July 197^ and 30 June 1975 a minimum quantity of             ι
19-100 metric tons of- common wheat or its equivalent in flour of common               •
wheat .                                                                          ' ■ !
                                                                               ι       .
                                                                                I
                              ARTICLE VI                                               !
                                                                                |
The recipient country shall take all steps required to prevent :
( 1 ) the re-export of the product received as aid and also of any products            j
      resulting therefrom ;                                                            j
( ii ) the export , commercially or otherwise , within a period of six months
      commencing from the final delivery , either of any product procured
      locally of the same nature as that received as aid, or of any products
      resulting therefrom .
                                                                                ji
                                                                        ■ .ν           ι
                              ARTICLE VII .
The recipient country undertakes to inform the European Economic Community
of how this Agreement is implemented. To this end it shall provide the                  j
Commission of the European Communities with the following details :                     i
                                                                                i
( 1 ) Immediately after the unloading of each cargo sports and dates of                 I
      arrival of vessel; nature, quantity and any observations as to the             j
      quality of the products unloaded ; date on which unloading was completed ;        j
( ii ) Every three months until the quantities received as aid have been fully
      used : quantities distributed ; number and nature of beneficiaries ; places , j
      rates and method of distribution .                                               j
 ---pagebreak---                                  ARTIG IK VIII
The Contracting Part5.ec shall at the request of cither consult each other
on any questions concerning the implementation of this Agreement .
                         <    . • »
                              •/.TÎTICIE IX    '
This Agreement is drawn up in duplicate in the Danish , Dutchi English , French ,
German and Italian languages . each of-tlief;e texts havi£ig equal force .
 ---pagebreak---                           Ν                                        ΑΝΝΚΛ
                                              \
                                            . λ
                                                                *
                           (
                        Genero ], provisions
                             Artide    1
 Delivery shall "be effected and risks shall pass form the European Economic
 Community , hereinafter referred to as the EEC , to the recipient country at
 the moment at which the goods are put down at the point of exportation
named by the Commission of the European Communities at the berth specified,
by the recipient country o t i ts agent referred to in Article 3.       under the
 terms specified in the following articles . Without prejudice to Articles 8 and
 9 the EEC shall bear all costs up to delivery and the recipient country those
beyond such delivery .                    ,     '
                             Article  2
On delivery a tolerance of 5       less than the quantity of the product to be
supplied in accordance with article I of the Agreement shall be admissible .
                             Article  3                                    ■ •
The EEC shall appoint an agent to implement the provisions of the present
Annex - or for each consignment – whose name and address it shall make
known to the recipient country immediately following his appointment .
The recipient country shall appoint an agent in the port or ports of ship
ment , whose name and address it shall make known to the EEC with all
despatch and if possible before the appointment of agent of the EEC .
                             Article  4
                  •                                          \
Before implementing the procedures for appointing the agent of the EEC
referred to in Article 3 » "the Commission of the European Communities and      ^
the recipient country shall jointly establish the period during which
delivery must begin .
              Obligations of the European Economic Cocimunity
                             Article  5
Should the EEC not be in a position to carry out delivery on the date and
( if applicable ) on the schedule as provided in Article 7i all costs
arising for the recipient country – for example demurrage void freight
and dead freight – shall bo borne by the EEC .
 ---pagebreak---  The charges and. the arrangements relating to demurrage laid, down in the
        I
 contract between the recipient country and the carrier must have been
 agreed in advanoe by the recipient oountry and tho agent of the EEC .
                                                                 V •
 The other costs referred to in the first paragraph Khali only - be refunded
 by the'' EEC if they have been paid by the recipient country with the approval
 of the' EEC .
                                                          Article 1 6
 Should it prove impossible for the EEC to supply all or part of the goods
 on the date and within the time-limits provided for in Article 7 and. without
 prejudice to the provisions of Article 5 » a new date and a new time-limit
 shall be agreed between the agents of the EEC and of the recipient country
 for the delivery of all the goods or of the undelivered part thereof ..
                    'Obligations of the recipient country
                       ..i, „ u:. , i ■ . w 1 1 ■ – 1 1 ■– -..i         i ii /J -
                                                         Article    7
After contacting the EEC , the recipient country shall procure one or more
vessels to transport all the quantities provided for in Article 1 of the
Agreement , of dimensions corresponding to the normal capacity of the port of
shipment ; these vessels must be ready for loading on a date falling within
the period referred to in Article 4 «
The agent of the recipient country shall inform the EEC of this date
immediately on learning it , and also that for commencement of delivery ,
if possible twenty days in advance and in any case ten days before the date
for commencement of delivery .
He , shall establish with the agent of the EEC the schedule to which delivery
shall take place .                        •
                                                       I
                                                         Article    8
Should the recipient country be unable to begin loading on the date provided
for in Article 7 » paragraph 1 , the agent of the recipient country shall
inform the agent of the EEC without delay .                           .
 ---pagebreak---    In this event trhew'date for the oommancement of do 3 iv<ary and ( if applicable )
   a new schedule could be agreed between the agents of the EEC and of the
*' recipient" country Tfte'~coBtsJ arising'' from "this'" delay ■ shall " In" al'l " cases'" • w •
   except force majeure be borne by 'the recipient country .
                                        »                 «
   Should the new date provided for in paragraph 2 be more than 30 clear days
   after the date for loading provided for in Article 7 , paragraph 1 , the EEC
   may dispose of the goods without prejudice to its commitment under Article 1
   of this Agreement .
                                      Article    9
   If the quantity made available for loading on a vessel cannot be put on
   board in its entirety , the recipient country shall inform the EEC as soon
 •as possible and no–later–than - fi-f teen- clear days after- loading has been
   completed whether it intends to accept or to renounce the balance .
   In the former case the provisions of Article 8 , paragraphs 2 and 3 , shall
  apply to the balance , if delivery has not yet taken place .             '
   In the latter case the EEC may consider that it has discharged its commitment
  to the recipient country under Article 1 of this Agreement and shall bear
  the costs resulting from such renunciation .
  In any event after the expiry of an interval of fifteen clear days and in
  the absence of any notice on the part of the recipient country , the renun
  ciation shall be deemed to have taken place .
                                      Article    10
  Upon delivery of the goods , the recipient country shall hand to the
  agent of . the EEC a certificate of acceptance stating the port of shipment ,
  date of acceptance , t5e~nature' aiiH~qu'antrty~oI"~tI?ei'a go6"cL's accepxed 'and'1-a"' T"
  including any comments on the quality of the goods . and send a copy thereof to
  the Commission of the European Communities .


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

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1165
Vol. 1974/0187
 ---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 0 F THE EUROPEAN COMMUNITIES
                                                       COM(74)1165 final
                                                       Brussels . 23 July 1974
                    RECOMMENDATION FOR A COUNCIL DECISION
               on the conclusion of an agreement between the
European Economic Community and Malta for the supply of cereals as food aid
                ( submitted to the Council by the Commission)
C0M(74) 1165 final
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN C0I-5MUNITILS ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Articles 113 » 114 and 223 , thereof ;
Having regard to the Recommendation from the Commission ;
Whereas the European Economic Community has deposited a Declaration for
provisional application of the 1971 Food Aid Convention ; whereas that
Convention has been applicable since 1 July 1971 ;
Whereas Malta, by its letter of 20 July 1973 , has revested food aid ;
                        i
Whereas in view of the cereal supply situation in Malta                that coun ry
should be accorded , by way of gift , 2000 nie trie tons of soft wheat under tne
Community Food Aid Programme for 197 3/74 J
                                                       r       »
                                                                   » "
DECIDES :
                          '    Article        1
On "behalf of "the European Economic Community an Agreement , the text whereo
is ;annexed hereto , shall be concluded between the European Economic Communi *;>
and Malta for supply of soft wheat as food aid .           ■     # •
                                 ;•                          •
                               Article
                                     •    ■ i –
                                               2
   ii   '
The President of the Council is heretfy "authorized to designate those who
are to sign the Agreement and to confer on them the requisite powers to
bind the Community .
                                                                                *
Done at Brussels ,                     19
      •   •                  .    5:             ,
                                                     •  . For the Council
      ;                          n                 ••                           •
    !                                                        The Président
 ---pagebreak---               AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND MALTA ON THE SUPPLY OF FOOD AID IN '
THE FORM OF CEREALS .
 ---pagebreak--- THE COUNCIL OP THE EUKOPJ3AN COMMUNITIko ,                     ■
                                                          *
                            ■              of the one part ,
THE GOVERÎJMEKT OF MALTA        __   r–
                                           of the other part ,
          ?
HAVE DECIDED to conclude this Agreement and. to this end have
designate , as their plenipotentiaries :
                                              •*               i
THE COUNCIL OF THE EUROPEAN COMMUNITIES :
THE GOVERKEï£ENT OF MALTA :                           ! .
       I
     ' <.
V7IIO IIAVE AGREED AS FOLLOVÏS :
 ---pagebreak---                             ARTICLE   I
  The European Economic Community shall supply by way of gift to Malta
  ( hereafter referred to as the "recipient country ") a quantity of 2 000
 metric tons of soft wheat under the Community 's food aid Djoerramme . in cereals
for '1973/74 .                   "                                  ,
                                                                   *
                            ARTICLE   II   '                   "
 Deliveries vjill be made in "bulk FOB in accordance with the details laid
 down in the Annex which forms an integral part of the present Agreement .
                                                           * "
                            ARTICLE  III
 The recipient country undertakes to make all necessary arrangements for the
 transport and insurance of the products from point of delivery to places
 of destination .
 It undertakes to . exercise the greatest care to ensure that the tendering
arrangements for sea transport do not prejudice the free play of fair ,
competition . Any problems arising in this connection shall be the subject
of "consultations under Article VIII of the present Agreement .
                            ARTICLE  IV
The recipient country undertakes to use the product received as aid for
purposes of consumption and to apply , for the sale of the product on its
                                                                            »
market , the prices normally charged on that market for products of
comparable quality . The proceeds from this sale shall be paid into a
special account with the Treasury and allocated to the financing of.
one or more development projects under arrangements which have been
agreed in advance between the recipient country and the European Economic
Community .
 ---pagebreak---                                ART ICI S V    .
                                                                >
The Contracting Parties undertake to implement this Agreement in such a way
as to avoid any prejudice to the normal structure of national production
and international trade . To this end they shall take any measures required
to ensure that supplies as aid are in addition to and do not replace buoine.. o
transactions which might reasonably be expected in the absence^pf ouch sappl
In particular, the recipient country undertakes to import commercially from
whatever source between 1 July 1974             30 June 1975 a minimum quanity of
43.130 metric tons of               wheat or its equivalent in flour of wheat .
                                                    J              1
                               ARTICLE   VI
The recipient country shall take - all steps required   r  *
                                                             to preven
( i ). the re–export of the product received as aid and also of any produc o
          and by-products resulting therefrom ;
( ii) the export , commercio-lly or otherwise , within a period of six months
          commencing from the final delivery , either of any product procured
          locally of the same nature as that received as aid , or of any products
          and by-products resulting therefrom .               .         -
      1                               H
                                ARTICLE   VII
The recipient country undertakes to inform the European Economic . Community
of how this Agreement is implemented^ -To this end it shall provide the
Commission of the European Communities with the following details :
     ( i ) Immediately after the unloading of each cargo : ports and dates of
    >■'    arrival of vessel ; nature , quantity and any observations as to the
           quality of the products unloaded ; date on which unloading was
           completed ; costs of sea transport and of insurance relating thereto ,
   (ii ) Every three months until the quantities received as aid have been
            fully used { quantities sold ; manner of sale ; actual selling prices ;
           normal selling costs on the recipient country 's market ; costs of
            insurance ( and of transport if applicable ) from the port of unloading
            to the places of destination ; .     .
 ---pagebreak---  ( iii ) Oil 15 January every year until the special account has "been fully
         expended. :        •
         a ) Summary of the account ( incomings and outgoings ) to 31 December
             of the previous year ;           ; –-
         b ) Stage of progress of the project or projects , indicating the
       »     total resources expended to that stage .
                               ARTICLE    VIII
The Contracting Parties shall at the request of either consult each other
on any questions concerning the implementation of this Agreement .
                               ARTICLE     IX
This Agreement is drawn up in duplicate in the Danish , Dutch , English ,
French , German and Italian languages , each of these texts having equal force
                                         f   -
 ---pagebreak---                           General provisions
                              Article    1
  Delivery shall be effected and risks shall pass form the European Economic
   Community | hereinafter referred to as the EEC » to the recipient country at
    the foment at which the goods are put down at the point of exjfortation
  named by the Commission of the European Communities at the berth specified
  by the recipient country or its agent referred to in Article 3 and under the
 terms speoified in the following articles . Without prejudice to Articles 8 and
; 9.the EEC shall boar all coots up to delivery and the recipient country those
 beyond delivery .                            '                   '
                                             {
                              Article   2
  On delivery a tolerance of 5 ^ less than the quantity of the product to be
  supplied in accordance with article I of the Agreement shall be admissible .
       ■'                    Article    3
 The EEC shall appoint an agent to implement the provisions of the present
      1 1                  .       ■ .'                                    " '
  Annex - or for each consignment - whose name and address it shall make
 known to the recipient country immediately following his appointment .
 The recipient "country shall appoint an agent in the port or ports of ship
 ment ) whose name and address it shall make known to the EEC with all
 despatch and if possible before the appointment of agent of the EEC .
                             Article    4-
 Before implementing the procedures for appointing the agent of the EEC
 referred to in Article 3 , the Commission of the European Communities - and
  the recipient country shall jointly establish the period during which
 delivery must begin .
                 Obligations of the European Economic Community
  c                          Article    5                 '
    ,                        –
 Should the EEC not be in a position to carry out delivery on the date and
  (if applicable ) on the schedule as provided in Article 7 » all costs
 arising for the recipient country - for example demurrage void freight
 and dead freight «• shall be borne by the EEC .
 ---pagebreak---  The charges and the arrangements 1 relating to demurrage laid down m the
 contract between the recipient country and the carrier must have been
 agreed in advance by the recipient country and the agent of the EEC .
                    O
 The other costs referred to in the first paragraph shall only be refunded
by the EEC if they have been paid by the recipient country with the approval
of the EEC ,                                                     •
                                 Article     6
 Should it prove impossible for the EEC to supply all or part of the goods
on the date and within the time-limits provided for in Article 7 and without
prejudice to the provisions of Articled ? a new date and a new time-limit
shall be agreed between the agents of the EEC and of the recipient country
for the delivery of all the goods or of the undelivered part thereof .
       -                                            r  -
       i                                                  •
    •                                                       » *
                    Obligations -of the recipient country
                                          1 t   •
                                 Article     7
After contacting the ESC , the recipient country shall procure one or more
vessels to transport all the quantities provided for in. Article 1 of the
Agreement , of dimensions corresponding to the normal capacity of the port of
shipment ; these vessels must be ready for loading on a date falling within .
the period referred to in Article 4 «
The agent of the recipient country shall inform the EEC of this date
                                         /    ■
immedately on learning it , and also that fox commencement of delivery ,
if possible twenty days in advance and in any case ten days before the date
for commencement of delivery .     ^
He shall establish wLth the agent of the EEC the schedule to which delivery
shall take place .
                                 Article     8
      v.
Should the recipient country be 'unable to begin loading on the date provided
for Sin Article 7 » paragraph 1 , the agent of the recipient country shall
inform the agent of the EEC without delay .
 ---pagebreak---   In "this event a now date for the commencement of delivery and ( if applicable )
  a new schedule could "be agreed 'between the agents of the EEC and of the
  recipient country . The costs arising from this delay shall in all cases
  except force majeure be borne by the recipient country .
  Should the new date provided for in paragraph 2 be more than 30 clear days
  after the date for loading provided for in Article 7 » paragraph 1 , the EEC
 may dispose of the goods without prejudice to its commitment vmder Article 1
 of this Agreement .
                                     Article  9
 If the quantity made available for loading on a vessel cannot be put on
 board in its entirety , the recipient country shall inform the EEC as soon
 as , possible and no later than fifteen clear days after loading has been
 completed whether it intends to accept or to renounce the balance .
                                   r .              r  _
 In ;ithe former case the provisions of Article 8 , paragraphs 2 and 3 , shall
 app,ly "to the balance , if delivery has not yet taken place .
 In l 'the latter case the EECwnay' consider that it has discharged its commitment
 to r the recipient country under Article 1 of this Agreement and shall bear
'the costs resulting from such renunciation .
 In any event after the expiry of an interval of fifteen clear days and in
 the absence of any notice on the part of the recipient country , the renun
 ciation shall be deemed to have taken place .
                                 •   Article  10
                                   1    4 '
Upon delivery of the goods , the recipient country shall hand to the
agent of the EEC a certificate of acceptance stating the port of shipment ,
date of acceptance , the nature and quantity of the goods accepted and.
including any comments on the quality of the goods .                             '


title: RECOMMENDATION FOR A COUNCIL DECISION ON THE NEGOTIATION OF AGREEMENTS ON THREE DRAFT ANNEXES TO THE INTERNATIONAL CONVENTION ON THE SIMPLIFICATION AND HARMONISATION OF CUSTOMS PROCEDURES CONCERNING RESPECTIVELY THE CUSTOMS TREATMENT OF STORES, CUSTOMS OFFENCES AND COASTWISE CARRIAGE OF GOODS (presented by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 309
Vol. 1980/0110
 ---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(80 ) 309 final
                                                       Brussels - 5th June 1980
                             â?                 4 %
                                     .
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                             rj\
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                                     Ki,jtk        >C ^ ^ - x7
                             Xc^ "P<    r,  ^C/VbV        ^7
                                        V"i              d
                     RECOMMENDATION FOR A COUNCIL DECISION
        ON THE NEGOTIATION OF AGREEMENTS ON THREE DRAFT ANNEXES TO
           THE INTERNATIONAL CONVENTION ON THE SIMPLIFICATION AND
        HARMONISATION OF CUSTOMS PROCEDURES CONCERNING RESPECTIVELY
                   THE CUSTOMS TREATMENT OF STORES , CUSTOMS
                   OFFENCES AND COASTWISE CARRIAGE OF GOODS
                 ( presented by the Commission to the Council )
 COM ( 80 ) 309 final
 ---pagebreak---                            EXPLANATORY MEMORANDUM
1 . The International Convention on the simplification and harmoni sation
    of customs procedures was signed in Kyoto on 18 May 1973 (Kyoto Con
    vention ). The Convention , drawn up under the auspices of the Customs
    Cooperation Counicl ( CCC ), entered into force on 25 September 1974 . In
    the preamble , the Contracting Parties , having noted that "divergences
    between national customs procedures can hamper international trade and
    other international exchanges ", considered that " it is in the interests
    of all countries to promote such trade and exchanges and to foster
    international cooperation " and that " simplification and harmoni sation of
    their customs procedures can effectively contribute to the development
    of international trade and of other international exchanges ". They
    stated their conviction that " an international instrument proposing
    provisions which countries undertake to apply as soon as they are able
    to do so would lead progressively to a higtr degree of simplification and
    harmoni sation of customs procedures , which , is one of the essential aims
    of the Customs Cooperation Council ".
    The Convention 's objectives are to be attained by the conclusion of annexes
    to the Convention . Each Contracting Party undertakes to comply with the
    standards and recommended practices contained in an annex unless it
    notifies the General Secratariat of the CCC , either when it accepts the
    annex or at a later date , of the standard(s ) and recommended practice(s )
    in respect of which it enters reservations , stating the differences
    existing between the provisions of its national legislation and those
    of the standard(s ) and recommended practice(s ) concerned .
    The annexes to the Kyoto Convention on various customs procedures are
    drawn up in the working party of the CCC 's Permanent Technical Committee   '
    and are then submitted by that Committee to the Customs Cooperation Coun
    cil for approval . The Council approves them and submits them to Contrac
    ting Parties to the Convention for acceptance .
    Each annex is to be regarded as a separate international agreement in the
    general framework of the Kyoto Convention .
 ---pagebreak--- . In accordance with certain decisions of the Council of Ministers of the
    EEC , the Community has negotiated the Kyoto Convention and the . annexes
   already adopted by the CCC . It has become a Contracting Party to the
   Convention together with the Member States and many other countries .
   There are currently 31 Contracting Parties . When it acceded to the Con
   vention , the Community accepted one annex ; since then , it has accepted
   nine others .                                                  >
» At its 107 / 108th sessions held from 12 to 16 May 1980, the Permanent
   Technical Committee decided to submit the four following annexes to the
   CCC Council for examination and approval :
                                  m
   a ) Customs treatment of stores ( A.4 )
   b ) Customs offences ( H.2 )
   c ) Coastwise carriage of goods ( F.7 )
  d ) Processing of goods for home use ( F.2 )
  With regard to the annex on processing of goods for home use ( F.2 ), the
  Commission was authorised to conduct negotiations by the Council 's
  decision of 13 January 1975 .                       - . ■ ,
  The annex on the customs treatment of stores provides for the importation
  arid supply of such goods free of duties and taxes . It concerns vessels ,
  aircraft and trains arriving in the customs territory and vessels anti
  aircraft leaving for a final destination abroad .
  The annex on customs offences (H.2 ) deals with the conditions under which
  the customs authorities inquire into and take note of customs offences .
  Action against such offences, by the imposition of appropriate penalties ,
  is also covered, but only in so far as it falls within the powers of the
  customs authorities . The annex deals neither with procedures to be
  followed nor with the various measures which the customs authorities
  could take for the recovery of fines or the execution of judgments or
 penalties pronounced by the courts .
 ---pagebreak--- ,. The annex on coastwise carriage of goods ( F.7 ) Lays down provisions for
   goods Loaded on to a vessel at one pLace in the customs territory and
   transported on board that vesseL to another pLace in the same customs
   territory whether or not they Leave the territory . According to the
   CCC 's definitions ,, the provisions appLy to goods in free circuLation or
   goods coming from abroad for which a customs declaration has not been
   entered .
  The decision authorising the Commission to negotiate the three annexes
  in question is to be adopted very shortLy by virtue of the commencement
  date of the negotiation session . Accordingly, the Commission , concerned
  to ensure operational efficiency and guided by previous Council practice
  on negotiations for annexes to the Kyoto Convention already approved by
  the CCC , recommends that the Council adopt the decision for the new
  annexes on the generic basis of the Treaty, without prejudice to the legal
  basis of any future Community acceptance of these' annexes .
  Consequently, the Commission recommends that the Council authorise it
  to negotiate three draft annexes to the Kyoto Convention concerning
  respectively the customs treatment of stores (annex A. 4 ), customs
  offences ( annex H.2 ) and coastwise carriage of goods ( annex F.7 ). To
  this end , a draft decision is appended hereto .
 ---pagebreak---                         RECOMMENDATION FOR A
                             COUNCIL DECISION
                   on the negotiation of agreements on three
                   draft annexes to the International Conven
                   tion on the simplification and harmoni
                   sation of customs procedures concerning ,
                   respectively the customs treatment of
                   stores , customs offences and coastwise
                   carriage of goods
THE COUNCIL OF THE EUROPEAN COMMUNITIES-
        l                  -
Having regard to the Treaty establishing the European Economic Community ,
Having regard to the recommendation from the 1 Commission ,
Whereas the conclusion of agreements on the draft annexes to the
International Convention on the simplification and harmonisation of
customs procedures concerning respectively the customs treatment of
stores , customs offences and coastwise carriage of goods is likely to
contribute effectively to the development of international trade,
                                                        /
Whereas the said agreements have a direct bearing on the collection
on a uniform basis of common customs tariff duties , agricultural levies
and other charges in the context of the common agricultural policy ;
whereas they must take account of the specific requirements of the
customs union; whereas the Community should therefore take part in
the negotiation of these agreements ;
HAS DECIDED AS FOLLOWS :
 ---pagebreak---                             Sole Article
The Commission is hereby authorised to conduct the negociation in the
Customs Cooperation Council of agreements on three annexes to the
International Convention for the simplification and harmoni sation of
customs procedures concerning respectively the customs treatment of
stores , customs offences and coastwise carriage of goods . These
negotiations shall be conducted in accordance with the procedure laid
down in the Annex to this Decision .
          t                          Done at Brussels,              .
                      v              For the Council
                                     The Président
 ---pagebreak---                                                          Annex
                    Ad hoc procedure for the negotiations
Without prejudice to their respective Legal positions , the Commission
and the Member States* have agreed on the following procedure :
1 . Problems arising at the negotiation of customs conventions will be
    examined at coordination meetings chaired by a representative of the
    Member State holding the "presidency of the Council ( assisted by re
    presentatives of the General Secretariat and bringing together re
    presentatives from the Member States and from the Commission     These
    meetings wi LI deal with any matter relating to customs conventions /
    with the exception of questions of competence . They will aim at
    reaching a common position in line with the objectives and policies
    of the Community . Any major disagreement should be notified to the
    Permanent Representatives Committee and, if necessary, to the Council .
2 . The common position will be stated by a single spokesman , who
  . will normally be the Commission 's representative , except where
    the nature of the matters dealt with is such that the Commission 's
    representatives and the representatives of the Member States would
    arrive at different conclusions . The designation of a single
    spokesman does not prevent the Member States' representatives from
    making individual statements , provided that they pay due regard to
    the common line adopted on substantive and procedural questions .
3 . If a vote is taken , the Member States' representatives will vote in
    accordance with the overall package of common guidelines adopted .