title: RECOMMENDATION FOR A COUNCIL DECISION concluding the Agreement between the European Economic Community and the Office of the United Nations High Commissioner for Refugees on the supply of butteroil, skimmed-milk powder and cereals as emergency food aid for the victims of the recent events in Cyprus (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1710
Vol. 1974/0272
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(74)1710     final
                                                 Brussels , 2. 8 October 197^
                                 RECOMMENDATION
                             FOR A COUNCIL DECISION
             concluding the Agreement between the European Economic
             Community and the Office of the United Nations High
             Commissioner for Refugees on the supply of "butteroil ,
             skimmed-milk powder and cereals as emergency food aid
             for the victims of the recent events in Cyprus
                 ( submitted to the Council by the Commission )
COM ( "7k 1710 final
 ---pagebreak---                                                                1 ■*■*■■*■/ •*- *// l*f-~
                                      - 2 -
 THE comic IL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economio Community, and
 in particular Articles 113 , 114 and 228 thereof ;
Having regard to the Recommendation from the Commission :
                                                                                А
Whereas the Council , in Regulation (EEC ) Ho 2333/ 74 of 12 September 1974 on
the stipply of butteroil as emergency food aid and in Regulation (EEC ) No 2332/74
                         1
of 12 September 1974 on the supply of skimmed-milk powder as emergency food aid ,
decided to make available to the Office of the United Nations High Commissioner
for Refugees 200 metric tons of butteroil and 200 metric tons of skimmed-milk
powder ;
Whereas the Office of the United Nations High Commissioner for Refugees has made
known the Cypriot refugees * requirements in cereal products and whereas 3 000
metric tons of cereals , to be supplied in the form of 1 699 metric tons of wheat
flour and 300 metric tons of long-grained milled rice , should consequently be
allocated to this body as emergency food aid ;
HAS DECIDED AS FOLLOWS :
                                   Article 1
An Agreement between the European Economic Community and the Office of the United
Nations High Commissioner for Refugees on the supply of butteroil , skimmed-milk
powder and cereals as food aid , the text of which is annexed to this Decision ,
is hereby concluded on behalf of the European Economic Community .
                                   Article 2
The President of the Council is hereby authorized to designate the persons
empowered to sign the Agreement , and to confer on them the necessary powers
to bind the Community.
                                              Done at Brussels ,
                                                       For the Council
                                                                                i
                                                       The President
  OJ No L 250 , 1 3-9 . 74 , p.1 .
 ---pagebreak---                                                               VIII/1 295/74-E
                                  - 3 -
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
of the one part ,
THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES ,
of the other part ,
HAVE DECIDED to conclude this Agreement and to this end have designated as
their Plenipotentiaries :
THE COUNCIL OF TEE EUROPEAN COMMUNITIES :
THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES :
        I .
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                                            VIII/1 295/ 74-E
                                – 4 -
                             AGREMENT
              BETWEEN THE EUROPEACT ECONOMIC CCMMUNITT
AMD THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES
   ON THE SUPPLY OF BUTTEROIL , SKIMMED-MILK POWDER AND CEREALS AS
 EMERGENCY FOOD AID FOR THE VICTIMS OF THE RECENT EVENTS IN CYPRUS
 ---pagebreak---                                                               VIII/1 295/74-E
                                    - 5 -
«
                                  ARTICLE I
Under the 1973/ 74 food aid programme , the European Economic Community shall
 supply as a gift to the Office of the United Nations High Commissioner for
Refugees , hereinafter referred to as the "recipient "body", 200 metric tons
 of butteroil , 200 metric tons of skimmed-milk powder and 3 000 metric tons
of cereals , to be supplied in the form of 1 699 metric tons of wheat flour
and 300 metric tons of long-grained milled rice in cotton sacks of net
weight of 50 kg each .
The quality requirements and packaging conditions for the "butteroil and the
 skimmed-milk powder are set out in Annex I , which forms an integral part of
this Agreement .
                                  ARTICLE II
Deliveries shall be made in accordance with the provisions of Annex II , which
forms an integral part of this Agreement .
                                  ARTICLE III
The recipient body undertakes to make all necessary arrangements for the
transportation and the insurance of the products from the point of delivery
to the places of destination .    It undertakes to exercise the greatest possible
care to ensure that the tendering arrangements for the transport by sea are not
prejudicial to the free play of fair competition .    The recipient body reserves
the right to transport the products supplied as aid free of charge if means of
transportation are made available to it without charge .
Any problems arising in this connection shall be the subject of consultations
under Article VI of this Agreement .
                                 ARTICLE IV
The recipient body undertakes to use the products received as aid for purposes
of consumption and to distribute them free of charge t.o the victims of the recent
events in Cyprus .
 ---pagebreak---                                     - 6 -                         YIII/1 295/74-E
                                  ARTICLE V
The recipient body undertakes to inform the European Economic Community as
to how this Agreement is being implemented .      To this end , it shall provide
the Commission of the European Communities with the following information :
–   immediately after discharge of each cargo :   ports and dates of arrival
  ' of the vessel ;  nature , quantity and any comments on the quality of the
    products discharged ;  date on which discharge was completed ;
–   one month after completion of the delivery , then every three months
    until the quantities received as aid have been fully used :    quantities
    distributed , number and description of the beneficiaries , places , timetable
    and method of destribution .
                                 ARTICLE VI
At the request of either of them , the Contracting Parties shall consult each
other on any questions concerning implementation of this Agreement .
                               ARTICLE VII
This Agreement is drawn up in duplicate in the Danish , Dutch , English , French ,
German and Italian languages , all of these texts being equally authentic .
 ---pagebreak--- #
                                        - 7 -                          VIII/1 295/74-E
                                      EUTTEROIL
     I-  Quality
   (A)   Characteristics of the product :
   Concentrate of milk fats frith a pure fat content of not less than 99
   ( B) Standard composition
   (Analysis carried out during manufacture and paokaging)
  – Moisture oontent and non-fat components of the milk : not exceeding 0.2$
  – Pats : not less than 99*8$
  – Free fatty acids : not exceeding 0=yfo ( expressed in oleic acid )
  – Peroxide index per kg:        not more than one unit ( in milli–equivalents of
       active oxygen per kg)
  –    Taste :     fresh
  –    Smeli :    no smells foreign to butteroil .
                 r
  II .   Packaging :
  ( a) 5 kg metal tins – 4 tins per box
  ( b ) Marking on the outside in English as follows :
  HJTTEROIL
               r
  GIFT FROM THE EUROPEAN ECONOMIC COMMUNITY
  TO THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES
  FOR FREE DISTRIBUTION TO THE PEOPLE OF CYPRUS
 ---pagebreak---                                      - 8 -                          VIII/1 295/74-E
                                                                 ANKBX I ( continued )
                                SKIMMED-MILK POWDER
   I.   ©ualit.y
  (a)   fat content :                            not exceeding 1.5%
  (b ) water contents                            not exceeding 4»0$
 (c)   total acidity ( lactic acid ):            not exceeding 0.15$ ( 18° Domic )
 (<*)  test for neutralizing agents :            negative
 (e)   permitted additives :                     none
 ( f)  phosphatase test :                        negative
 ( g)  solubility :                              not exceeding 0.5 ml ( no less than 99$)
 (*)   degree of purity :                        not less than disc B ( 15«0 mg)
 (i)   germ content :                            not exceeding 50 000/g
 (k)   colon bacillus count :                    negative in 0.1 g
 (1)   taste and smell :                         fresh
 (m)   appearance :                              white or slightly yellowish colour ,
                                                 no impurities or coloured patches .
II .   Packaging:
 ( a) Containing a net weight of 25 kilogrammes#
 (b ) Composition:                                             <
       /    \                                             ..
       (aa)    4 Kraft paper bags of a strength representing  at. least 70 g/m/ 2
                                                                                ;
               1 intercalated bag of tax–lined paper of a strength representing
               at least 140 g/m 2 ;
               1 polyethylene inner bag at least 0.06 mm thick, welded or double–bound ;
or     ( bb) 1 bag of clubpak–poly-duplo–paper of a strength representing at least
               50/20/50 g/m2 ;
               2 Kraft paper bags of a strength representing at least 70/75 g/m 2 ;
               1 polyethylene inner bag at least 0.10 mm thick, welded or double-bound ;
or     ( cc ) 1 Kraft paper be,g of a strength representing at least 70 g/im
              1 Kraft paper "bag with a polyethylene lining of a strength representing
              at least 80 g + 15 g/m »
              3 Kraft paper bags of a strength representing at least 70 g/mm 2 »
              1 polyethylene inner bag at least 0.06 mm thick, welded or double-bound ;
( c ) Marking on the packaging ( in English):
SKIMMED-MILK POWDER
GIFT PROM THE EUROPEAN ECONOMIC COMMUNITY
TO THE OFFICE OF THE UNITED MTIOHS HIGH COMMISSIONER FOR REFUGEES
FOR FREE DISTRIBUTION TO THE PEOPLE OF CYPRUS
 ---pagebreak---                                                                    AÏTMEX II
                                    - 9 -
                               General Provisions
                                   Article 1
 Delivery shall "be complete and risks shall pass from the European Economic
 Community, hereinafter referred to as the EEC , to the recipient body once
 the goods are deposited at the point of exportation designated by the
 Commission of the European Communities , at the place indicated by the
recipient body or its authorized agent referred to in Article 2 , subject
 to the conditions referred to in the following articles .     Without
 prejudice to Articles 7 a.no. 8 , the costs incurred up to and including
delivery shall be borne by the EEC and by the recipient body after this
 delivery .
                                   Article 2
To implement the provisions of this Annex , the EEC shall appoint – if
necessary for each lot – an authorized agent whose name and address shall
be made known to the recipient body as soon as he is appointed .          The
recipient body shall appoint in the port or ports of shipment an authorized
agent whose name and address it shall make known to .the EEC as soon as :         '
possible and if possible before the appointment of the EEC 1 s authorized . agent ..
                                  Article 3     .    <
                                                                 I >' , •
Prior to the implementation of the procedures to appoint 't)ie EEC , 3- g.uthonzed
agent referred to in Article 2 , the Commission of the European Comanmities
and the recipient body shall jointly fix the period during which the delivery
is to begin .
               Obligations of the European Economic Community
                                  Article 4
Where the EEC is not in a position to carry out the delivery on the date and ,
where appropriate , at the rate provided for in Article 6 , any costs incurred as
a result by the recipient body , for example demurrage , forfeit freight or dead
freight shall be borne by the EEC .
The demurrage rates and detailed arrangements relating thereto laid down in the
contracts concluded between the recipient body and the carrier must have been
theVEE<rly
   ®
                     UP°n between    the recipient body and the authorized agent of
                              rfferred t0 in *he fir&t paragraph shall only be
refunded   by the EkC if they have been paid by the recipient bodv with th*
of tbo KEY!.
 ---pagebreak---                                       - ιυ -                        νΐΐι/ ΐϋ^ο/74-^
  •                                  Article 5
 Should it prove impossible for the ESC to supply all or part of the goods on the
 date and within the time limit provided for in Article 6 , tvithout prejudice to
 the provisions of Article 4 » the authorized agents of the EEC and the recipient
 body shall agree on a new date and. a new time limit for delivery of the total
 consignment or that part of it which has not been delivered#
                       Obligations of the recipient body
                                    Article 6
 After contacting the EEC , the recipient body shall procure , for the transportation
 of all the quantities provided for in Article 1 of the Agreement , one or several
 vessels of dimensions corresponding to the normal loading potential of the port
 of shipment , ' which must be ready for loading on a date falling within the
 period referred to in Article 3®
             / \
As soon as he knows this date and the date on which delivery is due to begin,
 the authorized agent of the recipient body shall notify the EEC 0f them, if
 possible 20 days and in any case 10 clear days before the date on which delivery
 is due to begin.
He shall fix with the authorized agent of the EEC the rate at which deliveries
 shall be carried out#
                                    Article 7
Should the recipient body not be in a position to begin loading on the date
provided for in the first paragraph of Article 6 , its authorized agent shall
immediately inform the authorized agent' of the EEC ,
In that event , a new date for commencement of deliveries and , where appropriate ,
a new rate may be agreed upon between the EEC 's authorized agent and that of the
              .
recipient body.        Whatever the circumstances , the costs attributable to this
delay shall , except in cases of force majeure , be borne by the recipient body.
Where the new date provided for in the second paragraph is more than 30 clear
days later than the date of loading provided for in the first paragraph of
Article 6 , the Community may dispose of the goods without prejudice to the
commitment provided for in Artiole 1 of the Agreement .
 ---pagebreak---                                   - 11                          VIIl/1 295/74-E
                                 Article 8
Where the quantity scheduled for loading on a vessel cannot be taken on
"board in its entirety, the recipient "body shall inform the EEC as soon
as possible and in ar?y event not later than 15 clear days after loading
is completed , whether it intends to take or forgo the balance .
In the first case , the second and third paragraphs of Article 7 shall be
applicable to this balance if it has not already been delivered .
In the second case , the Community may consider that it has discharged its
commitment to the recipient body under Article 1 of the Agreement and
it shall bear the costs resulting from nor>-acoeptance of the balance •
In any event , if the recipient body has not informed the EEC of its
intentions after the period of 15 clear days has expired , it shall be
considered to have foregone the balance#
                                Article 9
        1
On delivery of the goods , the recipient body shall give the authorized agent
of the EEC a certificate confirming delivery, indicating the port of shipment ,
the date of taking delivery , and the nature , quantity and any comments on
the quality of the goods received , and shall address a copy of this certificate
to the Commission of the European Communities . ■


title: Recommendation for a COUNCIL DECISION: The opening of negotiations between the EEC the Kingdom of Norway and the Kingdom of Sweden on a modification of their Agreement on civil aviation

text:
COMMISSION OF THE EUROPEAN COMVIUNITIES
                                                 C0M(93) 265 final
                                                 Brussels, 9 June 1993
                            Recommendation for a
                              COUNCIL DECISION
                The opening of negotiations between the EEC
              the Kingdom of Norway and the Kingdom of Sweden
          on a modification of their Agreement on civil aviation
                               Proposal for a
                              COUNCIL DECISION
  Concerning the amendment of the Agreement between the European Economic
  Community, the Kingdom of Norway and the Kingdom of Sweden on civil
  aviat ion
                       (presented by the Commission)
 ---pagebreak---                           -A -
         Recommendation for a Council Decision
      The opening of negotiations between the EEC
    the Kingdom of Norway and the Kingdom of Sweden
on a modification of their Agreement on civil aviation
 ---pagebreak---                                 - >1A -
1.  In Council Decision 92/384/EEC concerning the conclusion of an
   Agreement between the European Economic Community, the Kingdom of
   Norway and the Kingdom of Sweden the Community has approved the
   Agreement between these three Parties on civil aviation. The
   Agreement creates a uniform system of rules governing civil aviation
   by extending the scope of all relevant Community legislation to
   Norway and Sweden.
   Since this agreement should not prejudge the outcome of the
   negotiations between the Community and the EFTA countries on the
   European Economic Area (EEA agreement) it was agreed that the
   Agreement shall be terminated on the date on which the EEA agreement
   enters into force.
   According to the Agreement new legislation adopted in each
   Contracting Party should be integrated in the Agreement. Since the
   conclusion of the negotiations on the Agreement, the Community has
   adopted new legislation among which the so-called third package of
   air transport policy creating the internal market for civil aviation
    in the Community.
   The Agreement contains in Article 12 the principle that new
   (Community) legislation is to be integrated in the Agreement. This is
   of particular importance for Community air carriers, because it
   allows them to operate under one regulatory regime in the Community,
   Norway and Sweden. The decision in this respect by the Joint
   Committee requires confirmation by the Council.
 ---pagebreak---                                    "    A  Vr-
5. However, the entry into force of the EEA agreement could give rise to
   a backwards change in the arrangement between EC and Norway and
   Sweden by virtue of the present Agreement, since the new legislation
   mentioned above will not immediately be part of the EEA agreement but
   will become applicable in the EFTA States only when the necessary
   procedures to supplement the legislation in the EEA agreement have
   been completed.
    In these exceptional circumstances it is in the interest of all three
   Parties to make the necessary provision which allows application of
   the new legislation in Norway and Sweden after the entry into force
   of the EEA agreement until the necessary procedures have been
   completed.
7. The Council   is therefore asked to decide:
   -    to authorize the Commission to open negotiations with the Kingdom
        of Norway and the Kingdom of Sweden with a view to amend the
        Agreement between these parties and the Community on civil
        aviation so as to ensure:
        *    integration of new legislation in the Agreement
        *   application of this legislation in Norway and Sweden after
            the entry into force of the EEA agreement until the necessary
            procedures to supplement the legislation in the EEA agreement
            have been completed.
 ---pagebreak---                          , /| c -
                     Proposal for a Council Decision
Concerning the amendment of the Agreement between the European Economic
Community, the Kingdom of Norway and the Kingdom of Sweden on civil
aviat ion.
 ---pagebreak---                                      2 -
                           Explanatory Memorandum
     In Council Decision 92/384/EEC concerning the conclusion of an
    Agreement between the European Economic Community, the Kingdom of
    Norway and the Kingdom of Sweden the Community has approved the
    Agreement between these three Parties on civil aviation. The
    Agreement creates a uniform system of rules governing civil aviation
    by extending the scope of all relevant Community legislation to
    Norway and Sweden. It entered into force 6 July 1992.
    According to the Agreement new legislation adopted in each
    Contracting Party should be integrated in the Agreement. Since the
    conclusion of the negotiations on the Agreement, the Community has
    adopted new Regulations and Directives among which the so-called
    third package of air transport policy creating the internal market
    for civil aviation in the Community.
3.  Integration of this new Community legislation in the Agreement is of
    particular importance for Community air carriers, because it allows
    them to operate under one regulatory regime in the Community, Norway
    and Sweden. The Joint Committee established by the Agreement has
   decided on 26 March 1993 to integrate eight Regulations and one
   Decision in the Agreement, subject, of course, to approval or
   ratification by each contracting party. In the Commuity the decision
   of the Joint Committee requires confirmation by the Council. It is
   envisaged that the decision enters into force on 1 July 1993, or on
   the date on which the last instrument of ratification has been
   deposited, whichever date is the later.
4. The Agreement between the Community, Norway and Sweden has a direct
   relationship with the agreement negotiated between the Community and
   EFTA countries on the European Economic Area (EEA agreement). It wi I
   cease to be in force on the date on which the EEA agreement enters
   into force.
 ---pagebreak---                                     3 -
5. However, the new legislation to be integrated in the Agreement can
   only become applicable under the EEA agreement after its entry into
   force and when the procedures for inclusion of new legislation in the
   EEA agreement have been completed.
    It is, therefore, in the interest of all Contracting Party's to
   ensure that the objectives of the Agreement, a uniform system of
   rules throughout the Community, Norway and Sweden, will be met also
   after the entry into force of the EEA agreement. It is, therefore,
   important that the Agreement remains in force for a limited period of
   time, until the procedures to supplement the legislation in the EEA
   agreement have been completed.
7. A decision to continue the application of the Agreement for a limited
   period of time after the entry into force of the EEA agreement is
   Justified in this exceptional situation, but does not prejudice in
   any way the provisions of the EEA agreement. However, unless the
   Joint Committee decides otherwise, the Agreement shall cease to be in
   force two years after the entry into force of the EEA agreement.
8. The Council is therefore asked to :
       confirm the incorporation of relevant new Community legislation
        in the Agreement between the EEC, the Kingdom of Norway and the
       Kingdom of Sweden on civil aviation,
       adopt the annexed proposal for a Council Decision to amend the
       text of the Agreement as approved by Council Decision 92/384/EEC
       concerning the conclusion of an Agreement between the EEC, the
       Kingdom of Norway and the Kingdom of Sweden.
 ---pagebreak---                       Proposal for a Council Decision
Concerning the amendment of the Agreement between the European Economic
Community, the Kingdom of Norway and the Kingdom of Sweden on civil
av iat ion.
                  THE COUNCIL OF THE EUROPEAN COMMUNITIES
Having regard to the Treaty establishing that the European Economic
Community and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas Council Decision 92/384/EEC concerning the conclusion of an
Agreement between the European Economic Community, the Kingdom of Norway
and the Kingdom of Sweden on civil aviation establishes a uniform system
of rules concerning market access, airline capacity as well as price
setting in the field of civil aviation,
Whereas since the conclusion of this Agreement new legislation in the
field of civil aviation has been adopted in the Community and whereas
Article 12 of the agreement provides for the integration in the Agreement
of amendments made to the legislation of each Party,
Whereas in these exceptional circumstances it is appropriate to amend
Article 19 of the agreement to ensure that the objective of the
Agreement, a uniform system of rules throughout the Community, Norway and
Sweden, will be met also after the entry into force of an Agreement
between the Community and EFTA countries on the European Economic Area,
 ---pagebreak---                                    -s -
 Whereas the Council has decided at its meeting of           that these
 modifications should be made and has authorized the Commission to open
 negotiations with Norway and Sweden with a view to make the necessary
 amendments to the Agreement.
Whereas the Commission has conducted the negotiations in coordination and
 close cooperation with the Member States throughout the negotiating
 process.
HAS DECIDED AS FOLLOWS :
                                 Article 1
The decision of the Joint Committee to integrate in the Agreement between
the European Economic Community, the Kingdom of Norway and the Kingdom of
Sweden on civil aviation legislation adopted in the Community after the
negotiations of that agreement is hereby approved on behalf of the
Commun i t y.
The decision of the Joint Committee is attached to this decision.
                                 Article 2
The Agreement between the European Economic Community, the Kingdom of
Norway and the Kingdom of Sweden to modify article 19.3 of the Agreement
between ttie European Economic Community, the Kingdom of Norway and the
Kingdom of Sweden on civil aviation is hereby approved on behalf of the
Commun i t y.
The text of the Agreement is attached to this decision.
 ---pagebreak---                                    6 -
                                Article 3
The President of the Council shall carry out the necessary formalities as
provided for in Article 23 of the agreement.
                                Article 4
This decision shall enter into force on the day following its'
publication in the Official Journal of the European Communities
Done at Brussels,
                                       For the CounciI
 ---pagebreak---                                   - 7 -
AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY, THE KINGDOM OF NORWAY
AND THE KINGDOM OF SWEDEN ON CIVIL AVIATION
DECISION OF THE JOINT COMMITTEE 26 MARCH 1993
Pursuant to article 12.3 in the Agreement between the European Economic
Community, the Kingdom of Norway and the Kingdom of Sweden on civil
aviation the Joint Committee has decided that the foi lowing regulations
and Directive shall be integrated into the Agreement   and be added to the
list in Annex I.
21.     2407/92
        Council Regulation of 23 July 1992 on licensing of air carriers
        Articles 1-18
22.     2408/92
        Council Regulation of 23 July 1992 on access for Community air
        carriers to intra-Community air routes
        Articles 1-15
        The list of category 1 airports set out in Annex I of the
        Regulation shall be supplemented as follows :
        Norway : Oslo Airport System
        Sweden : Stockholm Airport System
 ---pagebreak---      The list of airport systems set out  in Annex II of the
     Regulation shall be supplemented as follows :
     Norway : Oslo - Fornebu/Gardermoen
     Sweden : Stockholm - Arlanda/Bromma
 23  2409/92
     Council Regulation of 23 July 1992 on fares and rates for air
     carr iers
    Art icles 1-11
24   1284/91
    Council Regulation of 14 May 1991 amending Regulation No. 3975/87
     laying down the procedure for the application of the rules on
    competition to undertakings in the air transport sector
    Article 1
    Any reference to Articles 85 and 86 in this Regulation shall
    be understood to mean Articles 4 or 5 of this Agreement
    respect ively.
25. 2410/92
    Council Regulation of 23 July 1992 amending Regulation No.
    3975/87 laying down the procedure for the application of the
    rules on competition to undertakings in the air transport sector
 ---pagebreak---                               - 9
     Art icle 1
     Any reference to Articles 85 or 86 in this Regulation shall be
     understood to mean Articles 4 or 5 of this Agreement respectively
26.  2411/92
     Council Regulation of 23 July 1992 amending Regulation No.
     3976/87 on the application of Article 85(3) of the Treaty to
     certain categories of agreements and concerted practices in the
     air transport sector
     Art icle 1
    Any reference to Articles 85 or 86 in this Regulation shall be
    understood to mean Articles 4 or 5 of this Agreement  respectively
27.  3922/91
    Council Regulation of 16 December 1991 on the harmonization of
    technical requirements and administrative procedures in the field
    of civil aviat ion
    Articles 1-3, 5-11, 13
28. 91/670
    Council Directive of 16 December 1991 on mutual acceptance of
    personnel licences for the exercise of functions in civil
    aviat ion
    Articles 1-7
 ---pagebreak---                                   - 10 -
 29.     95/93
         Council Regulation of 18 January 1993 on common rules for the
         allocation of slots at Community airports
         Articles 1-13
 The territory of Svalbard shall be exempted from the application of the
Regulations and Directive listed above.
                                 -II-
 In order to safeguard the proper functioning of the Agreement, the
Joint Committee in accordance with Article 12.3 recommends the
Contracting Parties to amend the Agreement as set out in the Annex to
this decision.
                                - I I I -
Pursuant to Article 14.3 of the Agreement, the decision in I above is
subject to approval or ratification by the Contracting Parties in
accordance with their own procedures.
This decision shall enter into force on 1 July 1993 or on the date on
which the last instrument of ratification has been deposited in
accordance with Article 23.3 of the Agreement whichever date is the
later.
For the European            For the Kingdom           For the Kingdom
Economic Community          of Norway                 of Sweden
 ---pagebreak---                                   - 11 -
                                                         Annex
 AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY, THE
 KINGDOM OF NORWAY AND THE KINGDOM OF SWEDEN
 Whereas the Agreement between the European Economic Community, the
 Kingdom of Norway and the kingdom of Sweden on civil aviation,
 hereinafter referred to as the Agreement, entered into force on 6 July
 1992;
Whereas the Agreement establishes a uniform system of rules in the field
of civil av iat ion;
Whereas since the conclusion of this Agreement new legislation in the
 field of civil aviation has been adopted in the Community and whereas
Article 12 of the Agreement provides for the integration in the Agreement
of amendments made to the legislation of each Party;
Whereas the Joint Committee, in accordance with Article 12 of the
Agreement, decided on 26 March 1993 to integrate this new legislation in
 the Agreement ;
Whereas this new legislation anticipates legislation that will be
applicable under the EEA Agreement at the moment the internal procedures
for its inclusion in the EEA Agreement are completed;
Whereas Article 19.3 of the Agreement provides that the Agreement shall
cease to be in force from the date an agreement between the Community and
EFTA countries on the European Economic Area enters into force;
Whereas, in order to ensure that the objective of the Agreement, a
uniform sytem of rules throughout the Commmunity, Norway and Sweden, will
be met also after the entry into force of the EEA agreement for the time
required to complete the procedures to supplement the legislation in the
EEA Agreement, it is important that the Agreement remains in force for a
limited period of time;
 ---pagebreak---                                   - 12 -
Whereas in view of these exceptional circumstances this agreement does
not prejudice in any way the provisions of the EEA agreement and in
particular not tho aplication of article K'O of the LLA agreement;
HAVE AGREED AS FOLLOWS :
                              ARTICLE 1
Article 19.3 of the Agreement will be replaced by the following :
    This Agreement shall cease to be in force from the date an agreement
    between the EC and EFTA countries on the European Economic Area
    enters into force.
    However, as far as legislation mentioned in Annex 1 and adopted in
    accordance with Article 12.3 is concerned, this Agreement shall
    continue to apply to the extent that the same subject matter is not
    governed by the EEA agreement.
     If this Agreement has continued to apply in part for 18 months after
    the entry into force of the EEA agreement, the Joint Committee shall
    meet to decide upon the continued application of this Agreement.   If
    the Joint Committee does not decide otherwise, this Agreement shall
    cease to be in force two years after the entry into force of the EEA
    agreement.
    In   a case where the application of the. Article conflicts with
    provisions of the EEA agreement, the latter shall prevail.
 ---pagebreak---                                    - 13
                              ARTICLE 2
This agreement shall be subject to approval or ratification in accordance
with the Contracting parties' own procedures and the Parties shall notify
each other of the completion of the procedures necessary for that
purpose.
This Agreement shall enter into force on the date on which the last
 instrument of ratification has been deposited.  It shall be published in
the Official Journal of the European Communities.
This Agreement and the instuments of ratification shall be deposited in
the archives of the Secretariat of the Council of the European
Communities, which shall deliver a certified copy thereof to each
Contracting Party.
                           ARTICLE 3
This agreement is drawn up in all the official languages : Danish, Dutch
English, French, German, Greek, Italian, Portuguese, Spanish of the
Community as well as in the Norwegian and Swedish languages, all texts
beings equally authentic.
For the European             For the Kingdom          For the kingdom
Economic Community           of Norway                of Sweden
 ---pagebreak---                                          - / I Y -
                                                                    KSN 0254-1475
                                                             COM (93) 265 final
                                                     DOCUMENTS
EN                                                                       11 07
                                Catalogue number : CB-CO-93-295-EN-C
                                                            ISBN 92-77-56549-7
OfBcc for Official Publications of the Europeaa Communities
ls2985 Luxembourg


title: Recommendation for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and the People's Republic of Bulgaria trade in the sheepmeat and goatmeat sector (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 722
Vol. 1981/0208
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---        COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(81)722 final.
                                                         Brussels . 26 November 1981
                                   Recommendation for a
                                     COUNCIL DECISION
           on the conclusion of an Agreement in the form of an exchange of
           letters between the European Economic Community and the People 's
           Republic of Bulgaria trade in the sheepmeat and goatmeat sector
                      ( submitted to the Council by the Commission )
C0PK81 ) 722 finaU
 ---pagebreak---                      EXPLANATORY MEMORANDUM
                         I *          '     <        '
 Following the negotiating mandate given by the Council to the Commission
 on 20 December 1979 and pursuant to Regulation ( EEC ) No 1837/80 oh the
 common organization of the market in sheepmeat and goatmeat , voluntary
 restraint agreements in respect of exports of products in the sector in
 question have been made with the following non-member countries :
 Argentina, Australia, Austria> Hungary, Iceland , New Zealand , Poland , Rumania
Uruguay and Yugoslavia .     •
Agreement in negotiations for voluntary restraint agreements with some
other non-member supplier countries has been held up because the non-member
countries in question stated that they were unable either to make such an
agreement or to accept a clause concerning the territories where the EEC
                               •*
Treaty applies *
As it has meanwhile been possible to resolve these matters with Bulgaria ,
it is proposed that the proposal for a Council Decision on conclusion with
that country of a voluntary restraint agreement in respect of its exports
to the EEC in the sheepmeat arid goatmeat sector be "approved .
This voluntary restraint agreement covers , between the EEC of . 10 and
Bulgaria, the following annual quantities expressed in carcase weight
( equivalent weight Bone-in);
Live animals '                           mt 2.000
Fresh or chilled meat                    mt 1 J250'
 ---pagebreak---                                              Recommendation . for a
                                               COUNCIL DECSSaON
              ©a tfec sooslasSoa ®f »r AgreessHWEt 5® tfee foras el' as esteftwinf® of         keSwewa tte
              Easiropesa Eceaomfe C&mmaaity           tfre People * s republic of Bulgaria
                                     trade $b the 3lM«pa»e#s «e£ gmZaeat setter
THE COUNCIL OF THE EUROPEAN                                   the People 's Republic of Bulgaria
COMMUNITIES,                                                  trade is* i«j® shsepsaeat a®d goatmeat sector " ss
                                                              hereby approved ok b-shaif of the Coiamansty.
 Having regard to the Treaty establishing the Euro
pean Economic Community, and in particular
                                                              Ths t«    ©f the Agreement is attached to this Ded-
                                                              sie«.
Article 113 thereof,
Having regard to the recommendation from the
Commission,
                                 conducted
 Whereas the Commission has               .icgotiatsons                                Article 2
with non-member countries which supply sheep-
meat and goatmeat or live sheep and goats, with a
virw jo reaching agreement for voluntary restraint            The President of the Council is hereby authorized to
on their exports to the Community,                            designate the person empowered to sign the Agree
                                                              ment, in order to bind the Community.
Whereas the Commission has reached agreement
with Bulgaria ;
Whereas the said agreement allows trade to be car
ried OR is A manner compatible with the common
organization of the market in the sector in question.
HAS DECIDED AS FOLLOWS :                                     Done at
                       Article I                                                          For the Council
                                                                                The President
The Agreement in the form of an exchange of Setters
between the European Economic Community and
 ---pagebreak---                         EXCHANGE OF LETTERS BETWEEN
THE EUROPEAN ECONOMIC COMMUNITY ANO THE PEOPLE 'S REPUBLIC OF BULGARIA
                   ON TRADE IN SHEEPHEAT AND GOATMEAT
         I have the honour to refer to the negotiations recently undertaken
between our respective delegations for the purpose of drawing up provisions
concerning imports into the European Economic Community of mutton , lamb and
goatmeat and live sheep and goats other than pure-bred breeding animals from
Bulgaria / in connection with implementation by tl?e Community of the common
organisation of the market in sheepmeat and goatmeat .
         During these negotiations , our delegations agreed as follows :
   This arrangement shall relate to :                                        ' •
   - live sheep and goats other than pure-bred breeding animals
     ( subheading 01.04 B of the Common Customs Tariff ), '              /
  – fresh or chilled mutton, lamb and goatmeat ( subheading 02.01 A IV a )
     of the Common Customs Tariff ), " .  _ .
   - frozen mutton, lamb and goatmeat ( subheading 02.01 A IV b ) of the .
     Common Customs Tariff ).
 ---pagebreak---   2 ." Within the terms- of this Arrangement , the competent Bulgarian authorities
        undertake to ensure thet exports .to the Community of the products referred to "
        in Point 1 shall not exceed the following annuel quantities .s
       - 2.000 tons of live animals , expressed as carcase weight bone- in CD ;           ?
       - 1.250 tores of fresh or chilled meat , expressed 'as carcase weight bone~in ( 2 ).
        For this purpose , the appropriate procedures shall be implemented by the
        competent Bulgarian authorities . •'
 3 . Provided .that Bulgarian exports do not exceed the quantities given in Point 2
       the Community will not apply any quantitative restriction or measure having
       equivalent effect .
       If the Community were to invoke the safeguard clause , the provisions of this
       Arrangement would not be affected .
 4 . Of imports from Bulgaria exceed the agreed quantities , the Community reserves
       the right to suspend further imports from that country until the end of the
       current year . However , in any case , quantities exceeding the agreed quantity
       for the current year shall be deducted from the quantities agreed for the
      following year .
5 . The Community undertakes , in respect of imports of products covered by this
      Arrangement , to restrict the charges levied to the following ad valorem levels :
      10 % for live animals ;                 ~
      10 X for meat .
      The Community will not charge , apart from the levies set out above , customs
      duties or charges having equivalent effect to levies or to customs duties .
                                   i
                                   ■I            ■
                                                                              V
( 1 ) 100 kg live weight shall correspond to 47 kg carcase weight ( bone-in equivalent
        weight ).
( 2 ) Carcase weight (bone-in equivalent weight ).     By this term is understood the
  .     weight of bone-in meat presented as such as    well as boned meat converted by
        a coefficient into bone-in weight . For this   purpose 55 kg of boned mutton
        corresponds to 100 kg of bone-in mutton and    60 kg of boned lamb corresponds
        to 100 kg of bone-in Iambi
 ---pagebreak---                                                                                3.
  6 . When a new Member States accedes to the Community and if the pattern of
       trade between Bulgaria and such Member Sta^:e were to justify it / the
       Community shall agree to consultations between the two parties with a view
       to possible adaptation of the quantities given at Point 2 .
       The quantities given at Point 2 shall not be reduced .
       The charges applicable to imports into the said new Member . States shall
       be fixed in accordance with the rules in the Act of Accession , the maximum             \
        level of the levy specified in Point 5 of this Arrangement being taken into
    . account .        ;                    . •
 7. The competent Bulgarian authorities shall ensure compliance with the terms .,
       of this Arrangement / in particular by means of the issue by a Bulgarian-
       agency designated for the purpose / of export licences covering the products
       listed in Point      within the agreed quantity limits .
       For its part the Community undertakes to adopt all the necessary measures ;             ^
       to ensure that the automatic issue of an import . licence for the abovementioned 1
      products originating in Bulgaria shall be subject to production of an export
       licence issued by the competent Bulgarian authority .                          ,
   ' Detailed rules for the implementation of this system shall be drawn up in' -
      such a way that there is no requirement for a sucurity for issue of import
       licences in respect of the products in question . These detailed rules shall          .-*•
      also provide that the competent Bulgarian authorities and the competent
      Community authorities shall undertake periodical exchanges of information on
      the quantities in respect pf which export and import licences have been >          , :
      issued / broken down / as appropriate , according to destination . .                 ,.v
      It is hereby agreed that export licences will be valid for a period of
      three months from their date of issue . The corresponding import licences
      shall be valid until the date of expiry of the export licences .
   - Quantities delivered under an export licence shall be deducted from the
     quantity agreed for the year during which the export licence was issued .
                                                                                • • • /• • •
–_____                    -                        ' - v *                                        I
 ---pagebreak---                                                                                4.
  3 » The two Parties agre® that stsps should bs taken - tc ensure 'thst the smooth
         operation of the Arrangement is not disturbed by deliveries cf sheepseat
         and goatmeaf products falling under tariff headings not covered by this
       " arrangement .
  9 „ In order to ensure the smooth operation of this Arrangement , the two Parties
         agree to remain in close contact and to be ready to undertake consultations
         on any question which might arise in the course of application of this
   ; v. Arrangement . The said consultations must be commenced within a maximum
        period of 14 days following request by pne of the Parties ..
10 . The annual quantity fixed at Point 2 shall cover the period 1 January to
        31 December .
        The quantity applicable from the date of implementation of this Arrangement
        up to 31 December of the current year shall be fixed in proportion to the
        overall annual quantity and shall take account of the seasonal nature of
        the trade .
11 . This arrangement shall apply, on the one hand , to the teritories in which *
       the Treaty establishing the European Economic Community is applied and
       under the conditions laid down in that Treaty and , on the other hand ,
       to the territory of the People 's Republic of Bulgaria .
12 . This Arrangement shall enter into force on 1 . January 1982 . It shall apply
       until 31 March 1984, and subsequently for periods of 2 years , subject to the
       right of either of the Parties to terminate it by giving notice in writing
       six months before the date of expiry of any one of the said periods . In
       the case of termination, the Arrangement shall, come to an end at the date
       of expiry of the period in question . In any event , the provisions of this
       Arrangement shall be reviewed by the two Parties during the six months preceding
       1 April 1984, in order to incorporate in it any adaptations which might be
      necessary .
       I should be grateful to you if you would confirm to me that the above sets
      out correctly the substance of the agreement between our two delegations .
       Formal ending .
 ---pagebreak---                                    DRAFT
                              . EXCHANGE OF LETTERS
           CONCERNING THE CONSULTATIONS r'lR WHICH PROVISION IS MADE ;
               IN POINT 9 OF THE EXCHANGE OF LETTERS BETWEEN
                  THE EUROPEAN ECONOMIC COMMUNITY AND THE
                        PEOPLED REPUBLIC OF BULGARIA           '
                    ON TRADE IN SHEEPMEAT AND 60ATMEAT
          With reference to certain specific questions raised during the
 negotiations for this Arrangement , I hereby point out that it was agreed
 during the negotiations that , within the context of this Arrangement , if
 Bulgaria were to raise any concrete problems , they, could be covered by
 the consultations provided - for in Point 9 without prejudice to the general
 content of that point , These problems include ;                      .
 1 . supply of live animals within the quantity agreed for meat ;
 2 „ supply of meat within , the quantity agreed for live animals ;
3 . the possibility of advance use , during the current year , of a limited
     proportion of the quantity agreed for the following year ;
A. the possibi lity of allowing imports of quantities over and above those
     fixed in Point 2 of the Arrangement if the Community market situation
     so permits#                                                         ,
          For its part , the Community would be prepared to undertake the said
consultations in a spirit otf cooperation in respect of any requests put
forward by Bulgaria .
          Formal ending .
 ---pagebreak---                  EXCHANGE Of LETTERS CONCERNS POINT Z
      0 ? THE EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC
            CPWKUMXTY AND THE PEOPLE 'S REPUBLIC OF 3ULSARIA
                   ON TRADE IN $KEEPM£AT AND SOATHEAT
              2 have the honotfr to refer to the exchange of letters between
the European Economic Community and the People 's Republic of Bulgaria
on trade in sheepmeat arid gostmeat .
             Further to that exchange of letters .and to your . request ,
I would advise you that the competent Bulgarian authorities will
ensure that for the period 1 January 1982 to 31 March 1984 there will
be no change in the traditional pattern of exports of mutton , lamb and
goatmeat and live sheep and goats from the People 's Republic of Bulgaria
to those market areas in the Community determined as sensitive .
                 A
             The competent authorities of the People 's Republic of Bulgarie
will adopt the necessary measures for this purpose .
             I should be obliged if you would kindly acknowledge receipt
of this letter ,
            Please accept , Sir , the assurance of my highest consideration .
 ---pagebreak---                                                                                I VI/2634/81
                                                                                PATr' ' 16.10.1981
                                                                                16.10.1981
   l . BUM :.? ii:;s ccriwwsa i                             1Q0 ( receipts )                                                1982 ; 6939 Million ECU
  2» Acnc.'t i                  Draft Council Decision on the conclusion of an agreement in the form tf
                                an exchange of letters between the European Economic Community and the
                                Peopled Republic of Bulgaria on' trade in the sheepmeat and goatmeat secto !
  i. ir.-ux ΗΛ·;Ι = Ι Article 113 of the Treaty
  (. CRJSÏTI v?s t Conclusion of the voluntary restraint agreement for Bulgarian sheepmeat
                                   and goatmeat exports
                                                       :· ■    '       *■ ·                 ■' ' ·             '      : ■ ,· ' .· ■■■.     "'                ' .·          '
                                                                                *
 C      ρ···#*·*·»· »        ^    .» Λ , , . *.«. ·>
 y·     Γ « ·' Αν * «* AW                t η»'       '               Vf 9
                                                                     fv ..  4 ri-i .»» » ail'- · ·· «
                                                                                .. ι·α ve1 ··«
                                                                                TSAît   « ass.*? PI"A¿*CIAL TEAS        FCilLCVJKS >:::.ο:ΰΐ AL raut
                                                                                í 81 )                           ( tt     )
    .     -C!'A"ÎR;O ΤΟ 7!:Β· BC
            ( FTJFV;·' '.c/i ΝΤ fi ·Ι"-··" Γ: C.·;J )
                                                                                #               *
         «Cí'jun:o το :: A:IC ::AL Α : Π ?ΠΟΤΚ .
         -CTR«»C25 ro ç -.-J» KA?:C;AL ..«CURA "
 'j. l                                      ·,           '
       . «c·'!                        r ? τ "i 'J5                   - 1.43 M ECU*                                                                - 1.43 M ECU*
                     C :: KI
                                                                     YEAS ....                               TEAR                             T rA3                   1
5.C.1 PU- R:A:.VJAL FATTES CF EXFsroir-RE
5.1.1 ?v:?.if:nr:xz PAT :£?-■: CK arcarrs                                   - 1 » 43 M ECUÄ                      - 0.4 H ECU
5.2 JïTi.cs CF CA^TJU:;CS
                  The agreement covers 20QÖ t ( carcase weight ) of live animals "
                               .1.250 t of fresh or chilled meat
                                3.250 t                                                                                ·     .
                  Normal levy in October 1981                                                         703.7 ECÜ /t "
                   Levy reduced to 10% ad valorem
                           ( under the agreement )                                                    264        ECU / t
                                Loss of revenue                                                       439 . 7 ECU / t = 3 250 t S 1 429 M ECU
                                                                                •
                                                                                '
                                                                                '                       )
6.2 uí.Z;~z :.-¡ rc:¡ A CU ?; L:-.".^.?ASÏ AUICÏR ?                                                                                - «·/ .·: o
                    tw • 'J ur* i«Hi • ['.»i X»«*C ri« iwtLi
                      *Compared with the existing situation the loss of levy is only theoretical .
                          The 10% ad valorem duty is already applied following unilateral declarations
                         by the parties concerned . Conclusion of the agreement therefore merely .
                          places the existing si t uat i on on a fornalbasis .


title: Recommendation for a COUNCIL DECISION concluding the agreement between the European Economic Community and the Lebanese Republic on the supply of skimmed milk powder as food aid (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 263
Vol. 1973/0040
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(73)263 final
                                                 Brussels , 16 February 1973
                               Recommendation for a
                                  COUNCIL DECISION
                  concluding the agreement "between the European
                  Economic Community and the Lebanese Republic
                  on the supply of skimmed milk powder as food
                                        aid
                  ( submitted to the Council by the Commission )
   COK(73 ) 263 final
 ---pagebreak--- TIIE COUNCIL OP THE EUROPEAN COMUIJITIES ,
Having regard to the Treaty establishing the European Economic Community, and
in particular Articles 113 , 114 and- 228 theredf :
Having regard to the recommendation from tho Commission ;
Whereas the Council in Regulation (EEC) Ho 2721/72^^ on the supply of
skimmed milk powder as food aid decided to make 250 metric tons of skimmed
milk powder available to the Lebanese Republic ;
EAS DECIDED :
                                   Article 1
An agreement between the European Economic Community and the Lebanese
Republic on the supply of skimmed milk powder as food aid is hereby
concluded on behalf of the European Economic Community ,   The text of tho
Agreement is annexed to this Decision .
                                   Article 2
The President of the, Council is authorized to designate the persons
empowered to sign the Agreement and to confer on them the powers required
in order to bind the Community .
Done at Erussels ,                   19-–.            For the Council
                                                      The President
1 0J No L 291 , 28 December 1972. p. 28 .
 ---pagebreak---                   AGREEMENT
EETWEJjTT TIIE EUR0FEA1T ECONOMIC COIJMJMTY
                       Α2®
           TKE LEBAKESE REPUBLIC
  OH THE SUPPLY OF SKIMM3D MILK POWDER
                 AS POOD AID
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
                                                   of the one part ,
THE GOVERNMENT OF THE LEBANESE REPUBLIC,
                                                   of the other part ,
HAVE DECIDED to conclude this Agreement , and for this purpose have named
as plenipotentiaries :
THE COUNCIL OP THE EUROPEAN COMMUNITIES :
THE GOVERKIENT OP THE LEBANESE REPUBLIC :
WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                   Article 1
The European Economic Community shall supply free to the Lebanese Republic,
hereinafter referred tb as "receiving country ", 250 metric tons of skimmed,
milk powder of the quality , and packaged as specified in Annex I ,
which forms an integral part of this Agreement .
                                  Article 2
The deliveries shall be made cif to ports of unloading in the receiving
country .
                                  Article 3
The duties and obligations of the European Economic Community and of   the
receiving country, in particular as regards delivery and acceptance,   are
defined in Annex II , which forms an integral part of this Agreement .
                                  Article 4
The receiving country undertakes to make all the necessary arrangements
for the transport and insurance of the deliveries , from the ports of
unloading to their destinations .  .
                                  Article 5
The receiving country undertakes to use the product received as aid for
human consumption and to distribute it free - to the refugee populations .
 ---pagebreak---                                   Article 6
The contracting parties undertake to so implement this Agreement as to
avoid any damage to the normal structure of national production and inter
national trade . For this purpose, they shall take the necessary steps to
ensure that the supplies of aid are additional to and are not in lieu of
trading operations which could reasonably he expected in the absence of
such supplies .
                                  Article 7
The receiving country shall take the appropriate steps to prevent :
- reexport of the product received as aid suid any products derived
  therefrom ;
– the export for trade or otherwise, within six months from the date of
  the last delivery, "both of locally-produced skimmed milk powder of the
  same kind as that received as aid and of processed products derived
  therefrom .
                                  Article 8
The receiving country undertakes to inform the European Economic Community
of the circumstances surrounding the implemention of this Agreement . For
this purpose, it shall communicate to the Commission of the European
Communities the following information :
– thirty days at the latest after the unloading of each consignment :
  port and date of ship 's arrival ; kind, quantity and quality of products
  unloaded ;  date on which unloading was completed ;
– every three months until the quantities received as aid have been used up
  quantities distributed, number and nature of the beneficiaries , places ,
  rate and manner of distribution .
 ---pagebreak---                                  Article 9
The receiving country shall take all appropriate steps to enable those
persons duly authorized "by the European Economic Community to make on the
spot observations of the operations connected with the implementation of
the Agreement .
                                 Article 10
At the request of either party , the contracting parties shall consult one
another on all questions concerning the application of this Agreement .
                                 Article 11
This Agreement is drawn up in two copies in the Danish, Dutch, English,
French. German and Italian languages , these texts "being equally authentic
 ---pagebreak---                                                                      ANHEX I
                                    SKIMMED MILK POWDER
 I.  Quality requirements
       a    fat content                       not exceeding 1 . 5/'°
     0») vrat er content                      not exceeding A-«0,o
       o) total aoidity ( lactic acid )       not exceeding 0.15^ ( 1 3 Domic )
     W      test for neutralizing agents      negative
     (e)    permitted additives               none
     (f)    test for phosphatasis             negative
     ( g)   solubility                        not exceeding 0.5 ml (not less than 99%)
     (h)    degree of purity                  not less than disc B ( 15*0 mg)
     Ci )   germ content                      not exceeding 50 000 per gr
     00     strength of colon bacillus        negative in 0.1 gr
       1    flavour and smell                 fresh
     (m )   appearance                        white or slightly yellowish, absence
                                              of impurities and coloured particles
II . Packaging
     ( a)   containing 25 kilogrammes net weight ;
     (b )   composition ;
            ( aa) 4 Kraft paper bags of a strength representing at least
                             2
                   70 g per m ;
                   1 intercalated bag of tar-lined paper of a strength representing
                                           2
                   at least 140 g per m }
                   1 polyethylene inner bag at least 0.06 mm thick, welded or
                   double–bound ; '      ■
         or (bb ) 1 bag of clubpack-poly-duplo–paper of a strength representing
                   at least 50/20/50 g per m^j
                   2 Kraft paper bags of a strength representing at least
                   70/75 S per m2 ;
                   1 polyethylene inner bag at least 0.10 mm thick , welded or double-
                   bound
     ( c ) marking on the packaging, in French :
                  SKBEED ÎÏÏLK P0MDER
                  GIFT OP THE EUROPEAIT ECONOMIC COMMUNITY TO
 ---pagebreak---                    AMEK TO ARTICLE III OP THE AGREEMEM1
                               Article 1
Delivery shall be completed and the risks shall pass from "the European
Economic Community to the receiving country as soon as the goods are
aotually taken in charge in the ship 's hold at the port of unloading.
The receiving country shall "bear all costs subsequent to delivery of the
goods , including the costs of unloading (breaking bulk, hoisting, taking
delivery, for example ) as well as any lighterage costs .
Any demurrage costs or dispatch money at the port of unloading shall , as
the case may be, be borne by or paid to the receiving country . The rates
and conditions of payment applying to any contract between the Community
agent referred to in Article 4 and "the carrier must have been previously
agreed between that agent and the receiving country 's agent referred to. in
the same Article . ■ •. ,
                               Article 2
The European Economic Community shall forward to the receiving country ,
as soon as possible after the goods have been shipped, a notioe giving
the name of the ship , the date of loading, the quantity and quality of
the goods on loading and the port of unloading.
                               Article 3
The European Economic Community shall inform the receiving country of the
ship 's presumed date of arrival at the port of unloading at least ten
clear days before that date .
 ---pagebreak--- The European Economic Community shall cause to be inserted in the charter-
party an undertaking "by the captain to give to the receiving country at
least 72 hours * notice of the probable date of the ship 's arrival in the
port .
                               Article 4
The European Economic Community shall appoint an agent to implement the
provisions of this Annex, and shall , in good time , forward the latter * s
name and address to the receiving country .
The receiving country shall appoint an agent in each port of unloading,
and shall forward the latter 's name and address to the European Economic
Community prior to implementation of the Agreement .


title: Recommendation for a COUNCIL DECISION amending the agreement in the form of an exchange of letters between the European Economic Community and the Kingdom of Norway, of 14 July 1986, concerning mutual trade in cheese (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 107
Vol. 1987/0049
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 concernant
l'ouverture au public des archives historiques de la Communauté économique européenne et de
la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, p. 1) modifié en dernier
lieu par le règlement (UE) 2015/496 du Conseil du 17 mars 2015 (JO L79 du 25. 3.2015, p. 1), ce
dossier est ouvert au public. Le cas échéant, les documents classifiés présents dans ce dossier
ont été déclassifiés conformément à l'article 5 dudit règlement ou sont considérés déclassifiés
conformément aux articles 26(3) et 59(2) de la décision (UE, Euratom) 2015/444 de la
Commission du 13 mars 2015 concernant les règles de sécurité aux fins de la protection des
informations classifiées de l'Union européenne.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning
the opening to the public of the historical archives of the European Economic Community and the
European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as last amended by Council
Regulation (EU) 2015/496 of 17 March 2015 (OJ L 79, 27.3.2015, p. 1), this file is open to the
public. Where necessary, classified documents in this file have been declassified in conformity
with Article 5 of the aforementioned regulation or are considered declassified in conformity with
Articles (26.3) and 59(2) of the Commission Decision (EU, Euratom) 2015/444 of 13 March 2015
on the security rules for protecting EU classified information.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar
1983 über die Freigabe der historischen Archive der Europäischen Wirtschaftsgemeinschaft und
der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S. 1), zuletzt geändert durch die
Verordnung (EU) Nr. 2015/496 vom 17. März 2015 (ABI. L 79 vom 25.3.2015, S. 1), ist dieser Akt
der Öffentlichkeit zugänglich. Soweit erforderlich, wurden die Verschlusssachen in diesem Akt in
Übereinstimmung mit Artikel 5 der genannten Verordnung freigegeben; beziehungsweise werden
sie auf Grundlage von Artikel 26(3) und 59(2) der Entscheidung der Kommission (EU, Euratom)
2015/444    vom   13.   März   2015   über die   Sicherheitsvorschriften für den Schutz von  EU-
Verschlusssachen als herabgestuft angesehen.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 /                         /
                                                    COM(87 ) 107 final
                                                    Brussels , ^ Marc h 1987
                              Recommendation for a
                                COUNCIL DECISION
  amending the agreement in the form of an exchange of letters between
       the European Economic Community and the Kingdom of Norway , of
               14 July 1986 , concerning mutual trade in cheese
C0M(87 ) 107 final
                              Λ
 ---pagebreak---                                                                     c oh~
                              EXPLANATORY  MEMORANDUM
The agreement concluded in the form of an exchange of letters with Norway
following the latest enlargement of the Community provides , inter alia , for
traditional imports into Spain of cheese from Norway to be maintained .
These imports have been fixed at 90 tonnes per year . They are reserved to
Spain during the transitional period and will then be added to the Community 's
annual quota provided for in the agreement between the Community and Norway
concerning mutual trade in cheese .
The kinds of cheese concerned were limited to Jarlsberg and Ridder only -
these also being the only cheeses covered by the present EEC /Norway agreement
- and a small traditional trade flow of processed cheese from Norway to Spain
was not taken into account .
Norway has requested that this omission be corrected and proposes that eight
tonnes of Jarlsberg and Ridder cheese be replaced by an equal quantity of
processed cheese . Adaptation of the agreement thus involves no change in the
total quantity negotiated ( 90 tonnes ).
On the other hand the inclusion of processed cheese implies that the Community
will take over such cheese into the EEC /Norway agreement after the
transitional period .
The Article 113 Committee has given an opinion in favour of the Commission
negotiating with Norway to this effect .
 ---pagebreak---                                        COUNCIL   DECISION
        amending the agreement in the form of an exchange of letters between
              the European Economic Community and the Kingdom of Norway ,
                  of 14 July 1986 , concerning mutual trade in cheese
THE    COUNCIL   OF  THE   EUROPEAN  COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
particular Article 113 thereof ,
Having regard to the recommendation of the Commission ,
Whereas the agreement in the form of an exchange of letters of 14 July 1986
between the Community and Norway ( 1 ), amending the agreement on mutual trade
in cheese in view of the accession of Spain and Portugal to the Community ,
provides for the Community to maintain traditional imports into Spain of
cheese from Norway ;
Whereas the only types of cheese included were Jarlsberg and Ridder , and a
small traditional flow of processed cheese from Norway to Spain was not taken
into account ;
Whereas Norway has requested that this omission be corrected by replacing
eight tonnes of Jarlsberg and Ridder cheese by the same quantity of processed
cheese ;
Whereas the Article 113 Committee has issued a favourable opinion ;
Whereas the Commission has held consultations on the matter with the Kingdom
of Norway which have led to agreement ,
HAS    DECIDED   AS  FOLLOWS :
( 1 ) OJ L 328 , 22.11.1986 , p. 80-83
 ---pagebreak---                                     Artide 1
The Agreement in the form of an exchange of letters between the European
Economic Community and the Kingdom of Norway amending the exchange of letters
of 14 July 1986 between the Community and Norway concerning mutual trade in
cheese is hereby approved on behalf of the Community .
The text of the Agreement is attached to this Decision .
                                    Article 2
The President of the Council is hereby authorized to designate the person
empowered to sign the agreements in order to bind the Community .
Done at Brussels ,                                     For the Council
                                                        The President
 ---pagebreak---                          A.  LETTER  FROM  THE  COMMUNITY
                                                  Brussels ,
Sir ,
I have the honour to refer to the exchange of letters of 14 July 1986 between
the European Economic Community and the United Kingdom of Norway adapting the
agreement of mutual trade in cheese in view of the accession to the Community
of the Kingdom of Spain and the Portuguese Republic , and to the consultations
held on this matter on                   between the delegations of Norway and
of the Commission of the European Communities .
I confirm that the Community agrees that , from 1 April 1987 and for the
duration of the transitional period laid down by the Act of Accession of Spain
to the Communities , the breakdown of the annual quantities of cheese imported
into Spain from Norway be amended as follows :
Cheese originating in and coming from Norway , accompanied by an approved
certificate :
 ---pagebreak---                                                           Quantity      Import duty
                                                          ( tonnes )    ( ECU / 100 kg )
-    Jarlsberg , of a minimum fat content of 45 %
     by weight , in the dry matter , and of a dry
     matter content , by weight , of not less than
     56 X , matured for at least three months ,
     falling within Common Customs Tariff
     subheading 04.04 E I b ) 2 :
     - whole cheeses , with rind ( 1 ), weighing
        from 8 to 12 kg
        rectangular blocks weighing 7 kg or less
        (2)
     -  pieces packed in vacuum or inert gas , of
        a net weight of not less than 150 g but
        more than 1 kg ( 2 )
                                                      >       82             55
- Ridder , of a minimum fat content of 60 %
    by weight , in the dry matter , matured for
    at least four weeks , falling with Common
     Customs Tariff subheading 04.04 E I b ) 2 :
     - whole cheese , with rind ( 1 ), weighing
        from 1 to 2 kg
     -  in pieces packed in vacuum or inert gas ,
        with rind on at least one side ( 1 ), of a
        net weight of not less than 150 kg ( 2 )
-    Processed cheese , not grated or powdered ,
     falling within Common Customs Tariff
     subheading 04.04 D :                                      8             36,27
 (1)   Whole cheese are considered to be standard whole cheeses with rind .      For
       the purpose of these provisions " rind " is defined as follows : the rind
       of such cheeses is the outer layer formed from the cheese itself having a
       distinctly more solid consistency and a distinctly darker colour .
 (2)   The indications on the packaging must be such as to enable the consumer
       to identify the cheese .
 ---pagebreak--- 2.  At the end of the transitional period the quantities indicated above will
    be added to the annual tariff quota laid down in the agreement between the
    Community and the Kingdom of Norway concerning mutual trade in cheese .
I should be obliged if you would confirm that your Government is in agreement
with the contents of this letter .
Please accept , Sir , the assurance of my highest consideration .
                                                      On behalf of
                                         the Council of the European Communities
 ---pagebreak---                             B.  LETTER   FROM NORWAY
                                                 Brussels ,
  Sir ,
  I acknowledge receipt of your letter of today 's date which reads as
  follows :
' I have the honour to refer to the exchange of letters of 14 July 1986
  between the European Economic Community and the United Kingdom of Norway
  adapting the agreement of mutual trade in cheese in view of the accession
  to the Community of the Kingdom of Spain and the Portuguese Republic , and
  to the consultations held on this matter on                   between the
  delegations of Norway and of the Commission of the European Communities .
  I confirm that the Community agrees that , from 1 April 1987 and for the
  duration of the transitional period laid down by the Act of Accession of
  Spain to the Communities , the breakdown of the annual quantities of cheese
  imported into Spain from Norway be amended as follows :
  Cheese originating in and coming from Norway , accompanied by an approved
  certificate :
 ---pagebreak---                                                          Quantity      Import duty
                                                         ( tonnes )    ( ECU / 100 kg )
- Jarlsberg , of a minimum fat content of 45 %
    by weight , in the dry matter , and of a dry
    matter content , by weight , of not less than
    56 % , matured for at least three months ,
    falling within Common Customs Tariff
    subheading 04.04 E I b ) 2 :
    - whole cheeses , with rind ( 1 ), weighing
       from 8 to 12 kg
    -  rectangular blocks weighing 7 kg or less
       (2)
    -  pieces packed in vacuum or inert gas , of
       a net weight of not less than 150 g but
       more than 1 kg ( 2 )
                                                     >       82             55
-   Ridder , of a minimum fat content of 60 %
    by weight , in the dry matter , matured for
    at least four weeks , falling with Common
    Customs Tariff subheading 04.04 E I b ) 2 :
    - whole cheese , with rind ( 1 ), weighing
       from 1 to 2 kg
    -  in pieces packed in vacuum or inert gas ,
       with rind on at least one side ( 1 ), of a
       net weight of not less than 150 kg ( 2 )
-   Processed cheese , not grated or powdered ,
    falling within Common Customs Tariff
    subheading 04.04 D :                                      8             36,27
(1)   Whole cheese are considered to be standard whole cheeses with rind .       For
      the purpose of these provisions " rind " is defined as follows : the rind
      of such cheeses is the outer layer formed from the cheese itself having a
      distinctly more solid consistency and a distinctly darker colour .
(2)   The indications on the packaging must be such as to enable the consumer
      to identify the cheese .
 ---pagebreak--- 2.  At the end of the transitional period the quantities indicated above will
    be added to the annual tariff quota laid down in the agreement between the
    Community and the Kingdom of Norway concerning mutual trade in cheese .
    I should be obliged if you would confirm that your Government is in
    agreement with the contents of this letter ."
I have the honour to confirm that my Government is in agreement with the
contents of your letter .
Please accept , Sir , the assurance of my highest consideration .
                                                       For the Government
                                                    of the Kingdom of Norway
 ---pagebreak---             FINANCIAL                STATEMENT                 : -----
                                                               :   Date : 5.1.1987
 1 . Budget heading :                                Appropriations :     2.078,4 m ECU
           Revenue – Article 100                                          ( 1987 draft budget )
 2 . Title : Council Decision amending the Agreement of 14 July 1986 in the form of an
                  exchange of letters between the European Economic Community and the
                  Kingdom of Norway concerning trade in cheese .
 3 . Legal basis : Article 113 of the Treaty
 4 . Aims of project : To amend the agreement between the Community and Norway so as
                              to replace eight tonnes of Jarlsberg and Ridder cheese with the
                              same quantity of processed cheese .
                                                   period of        current           following
                                                   12 months     financial year     financial year
 5.      Financial implications                                      ( 1987 )           ( 1988 )
 5.0     Expenditure
         - charged to the EC budget
            ( ref unds / intervent ion )
         - national administration
         - other
 5.1     Receipts
         - own resources of the EC                 Negligible      Negligible         Negligible
            ( levies / customs duties )               (1)
         - national
 5.0.1 Estimated expenditure
 5.1.1 Estimated receipts
 5.2 Method of calculation :
       ( 1 ) The financial implications will be negligible because of the very small
              quantity concerned .
-6.0 Can the project- be financed from appropriat-ions entered in the relevant chapter
       of the - current budget ?-----                                                    yes /no–
-6T1 Can the project be financed by transfer between chapters of the -e-urren-t -budget ?
                                                                                yes / no
 6.2 Is a supplementary budget necessary -?                                              yes / no
 6 . 3 Will–future budget appropriations be necessary ?                                       in
 observations :


RECOMMENDATION FOR A COUNCIL DECISION ON THE OPENING OF NEGOCIATIONS WITH YUGOSLAVIA WITH A VIEW TO AMENDING ARTICLE 11 OF THE INTERIM AGREEMENT ON TRADE AND TRADE COOPERATION


title: Recommendation for a COUNCIL DECISION concerning the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and Brazil concerning imports of manioc from Brazil and other supplier countries which are members of GATT (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 377
Vol. 1982/0131
 ---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(82)377 final
                             /fvx
                            /'fc-X          c-,       X-vvA/X
                          A.V'             ?      'V.      ç A
                                                                 ''j Brussels , 15 June 1982
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                                 Recommendation for a
                                    COUNCIL DECISION
 concerning the conclusion of an Agreement in the form of an exchange
 of letters between the European Economic Community and Brazil concerning
 imports of manioc from Brazil and other supplier countries which are
                                      members of GATT
               ( submitted to the Council by the Commission )
 C0M(82 ) 377 final
 ---pagebreak---                                EXPLANATORY   MEMORANDUM
1 . The Commission has already proposed that the Council conclude an Agreement
    in the form of an exchange of letters between the EEC and Indonesia concerning
    imports of manioc < C0M(82)175 ) and a cooperation agreement on manioc with
    Thailand ( C0M(82)275 ) .
2 . Since then , the Commission has also negotiated an agreement with Brazil , the
    initial negotiator for the GATT concession , which has belatedly claimed the
    negotiating rights on manioc to which it was thereby entitled .
3 . The draft agreement is broadly the same as the EEC-Indonesia Agreement .
4 . The   Commission proposes that the Council approve the conclusion of the Agreement
    in the form of an exchange of letters between the EEC and Brazil .
 ---pagebreak---                                                                                I
                                Re comme nda tion
            for a Council Decision concerning the conclusion of
            the Agreement in the form of an exchange of letters
            between the European Economic Community and Brazil
            concerning imports of manioc from Brazil and other
            supplier countries which are members of 6ATT
TME COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community , and
in particular Article 113 thereof ,
  'aving regard to the recommendation from the Commission ,
 Jhereas in the light of Community market trends for certain agricultural products
   easures should be taken to achieve greater stability on the market , in particular
   r respect of manioc ;                         .
 whereas to that end negotiations were conducted in accordance with Article XXVIII
   f GATT with a view to suspending temporarily the Community 's tariff concession
   i respect of imports of products falling within subheading 07.06 A of the Common
' jstoms Tari ff ^
   lereas in those negotiations agreement has been reached with Brazil in its capacity
   , initial negotiator ;
, iereas the Agreement allows the Community ot restrict the quantities of products
falling within subheading 07.06 A of the Common Customs Tariff which may be imported
under the levy which is fixed at a maximum of 6 % ad valorem ,
HAS DECIDED   AS   FOLLOWS :
 ---pagebreak---                                Article 1
The Agreement in the form of an exchange of letters between the European Economic
Community and Brazil concerning imports of manioc from Brazil and other supplier
countries which are members of GATT is hereby approved on behalf of the Community .
The text of the Agreement is annexed to this Decision .
                               Article 2
The President of the Council . is hereby authori 2ed to designate the person
empowered to sign the Agreement in order :to bind the Community .
Done at                                                  For the Council
                                                            The President ,
 ---pagebreak--- Cf. ANGE OF LETTERS CONCERNS EEC IMPORTS OF MANIOC FROM BRAZIL AND OTHER GAT.T
                                  SUPPLIERS
 On 11 l^tarch 1981 the European Economic Community ( EEC) notified the Director-
 General of GATT of its intention to negotiate a modification of its concession
 regarding imports of manioc and similar products under Common Customs Tariff
 heading 07.06 A.
 In this respect the EEC and the Federal Republic of Brazil , in its quality
 as direct beneficiary of- the existing binding laid down in schedule LXXII have
 agreed to the following :
 a ) a suspension of the existing binding laid down in schedule LXXII in respect
      of manioc and similar products under CCT heading 07.06 A ;
 b ) the EEC will establish annuel tariff quotas for imports of manioc and similar
      products under CCT heading 07.06 A from GATT suppliers as follows :
      1982           588.235 tonnes
      1983           882 .355 tonnes
      1984           882 .355 tonnes
      1985           970.590 tonnes
      1986           970.590 tonnes
      Of the above mentioned quantities 85 % will be reserved for the principal .
      GATT supplier . The remaining quantity will be available to all other present
      GATT members .                  .
 c ) for imports of manioc from GATT suppliers within the quota limits at ,2b ) above
      the import levy will be fixed at a maximum of 6 % ad valorem . Imports over
      and above these limits will be subject to the variable levy foreseen in the
      EEC Common Organization of the Cereals market ;
 ---pagebreak---                                   - 2 -
d ) bearing in mind its international rights and obligations , the
    Community undertaken to ensure that the position of GATT suppliers
    on the EEC manioc market during the period covered by the present
    arrangements is not undermined by imports from non-GATT I-Iembers .
    In this context , the EEC intends to fix an autonomous quota for
    imports of manioc from non-GATT Members who are not already the
    subject of alternative bilateral arrangements ;
e ) the arrangements at 2a ) b ) c ) and d)          above will remain in
    force until 31 December 1986 and shall continue to run for subsequent
    three-year periods unless denounced by either party at least one year
    before expiry of the initial period or of any subsequent three-year
    period . However , ' before notifying the denunciation of the agreement ,
    either party will enter into consultations with the other party in
    order to seek solutions or to agree upon amendments , which would make
    it possible to continue the agreement . Furthermore , at the request
    of either party consultations on trade in manioc may be held if deemed
    necessary .
    In the case of accession of new members to the General Agreement on
    Tariffs and Trade , the tariff quotas for present GATT members resulting
    from the provisions of paragraph 2b ) above , will not be undermined .