title: Recommendation for a DECISION OF THE COUNCIL AND OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL, on the opening of negotiations with Algeria, Austria, Cyprus, Egypt, Finland, Iceland, Israel, Jordan, Lebanon, Malta, Morocco, Norway, Sweden, Switzerland, Syria, Tunisia, Turkey, and Yugoslavia with a view to amending the Agreements concluded between the Community and those countries to take account of introduction of the Harmonized System (presented by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (87) 472
Vol. 1987/0240
 ---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
   1
                                                                 C0MC87 ) 472 final
                                                                 Brussels , 15 October 1987
                                              Recommendation for a
                      DECISION OF THE COUNCIL AND OF THE REPRESENTATIVES OF THE
                    GOVERNMENTS OF THE MEMBER STATES , MEETING WITHIN THE COUNCIL ,
• 1
                   on the opening of negotiations with Algeria , Austria , Cyprus ,
                       Egypt , Finland , Iceland , Israel , Jordan , Lebanon , Malta ,
                    Morocco , Norway , Sweden , Switzerland , Syria , Tunisia , Turkey ,
   I
  I
                  and Yugoslavia with a view to amending the Agreements concluded
                    between the Community and those countries to take account of
                                  introduction of the Harmonized System
                                        ( presented by the Commission )
  i                                              03 \ 09 1 io
                                                              //
  2
                                                       4
                                               >5
                                                     °C1‘188?
                                      rr>
                                      O                             toi
  J
                                       O                             0>J
  J
           C0MC87 ) 472 final                     G^ère
 ---pagebreak---                                                             C&H - yj'is
                       Explanatory Memorandum
1.  The tariff provisions of the Agreements concluded between
    the Community and its preferential partners are based on
    the nomenclature of the Common Customs Tariff ( CCT ) and the
    Customs Cooperation Council Nomenclature ( CCCN ).
2.  On 1 January 1988 the CCCN will be replaced by the
    Harmonized Commodity Description and Coding System ( HS ). By
    its Decision of 7 April this year ( 83 /369 / EEC ) 1 the
    Council approved the International Convention on the HS on
    behalf of the Community .
3.  Therefore , on 1 January 1988 the CCT will be replaced by a
    Combined Nomenc mature ( CN ) based on the HS nomenclature .
4.  The tariff provisions of the Agreements between the
    Community and its preferential partners should therefore be
    aligned on the new nomenclature .
1 OJ L 198 , 20.7.1987 , p. 1 .
 ---pagebreak---  Recommendation for a Decision of the Council and of the
 Representatives of the Governments of the Member States ,
 meeting within the Council , on the opening of negotiations with
 Algeria , Austria , Cyprus , Egypt , Finland , Iceland , Israel ,
 Jordan , Lebanon , Malta , Morocco , Norway , Sweden , Switzerland , 1
 Syria , Tunisia^and Turkey with a view to amending the
 Agreements concluded between the Community and those countries
 to take account of introduction of the Harmonised System
 THE COUNCIL OF THE EUROPEAN COMMUNITIES AND THE REPRESENTATIVES
 OF THE GOVERNMENTS OF THE MEMBER STATES , MEETING WITHIN THE
 COUNCIL ,
 Having regard to the Treaty establishing the European Economic
 Community ,                                               ’’
                                                           T ■>
 Having regard to the Recommendation from the Commission ,
Whereas the Agreements concluded between the Community and
 Algeria , Austria , Cyprus , Egypt , Finland , Iceland , Israel ,
 Jordan , Lebanon , Malta , Morocco , Norway , Sweden , Switzerland ,
 1 , Syria , Tunisia/and Turkey should be amended to take account
of the introduction of the Harmonized System and negotiations
with those countries should be opened ;
Whereas the decision of the Representatives of the Governments
of the Member States refers only to products subject of the
 Treaty establishing the European Coal and Steel Community ;
HAVE . DECIDERS FOLLOWS :
                              Sole Article
The Commission is hereby authorised to enter into negotiations
with Algeria , Austria , Cyprus , Egypt , Finland , Iceland , Israel .
Jordan , Lebanon , Malta , Morocco , Norway , Sweden , Switzerland , i
Syrirf , Tunisia^and Turkey in order to make any amendments to
the Agreements concluded with these countries that are required
as a result of the introduction of the Harmonized System .
The Commission shall conduct these negotiations in accordance
with the directives contained in the Annex and in consultation
with representatives of the Member States .
                        L Yugoslavia
1 plus Lichtenstein
 ---pagebreak---                              ANNEX
1. The tariff nomenclature used in the Agreements concluded
   between the Community and the contracting countries shall ,
   in so far as it concerns the products referred to in those
   Agreements , be aligned on the new nomenclature of the
   Harmonized System and the Combined Nomenclature , in
   compliance with the principle that the concessions granted
   under the Agreements shall be safeguarded .
2. A supplementary provision is to be added to the Agreements
   between the Member States of the European Coal and Steel
   Community and the contracting countries authorizing the
   Councils or Committees set up under the Agreements , in the
   event of changes in the customs tariff nomenclature of
   either or both of the parties in respect of the products
   referred to in the Agreements , to align on the above
   changes the tariff nomenclature in the Agreements relating
   to these products , in compliance with the principle that
   the concessions granted under the Agreements shall be
   safeguarded .


title: RECOMMANDATION FOR A COUNCIL DECISION concluding an Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia on trade in cotton textiles (submitted to the Council by the Commission)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 480
Vol. 1973/0084
 ---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)480 final
                                                 Brussels , 29 March 1973
                                  RECOMMANDATION
                              FOR A COUNCIL DECISION
                concluding an Agreement between the European Eco
                nomic Community and the Socialist Federal Republic
                of Yugoslavia on trade in cotton textiles
                  ( submitted to the Council by the Commission)
  C0II(73 ) 480 final
 ---pagebreak---               DRAFT REO OC lAIIDATI OH
             FOR A COIMCIL DECISIOH
concluding an agreement between the European
Economic Community and the Socialist Federal
Republic of Yugoslavia on trade in cotton textiles
 ---pagebreak---                            EXPL WATORT KEriORfflDUM
1.       When its offer regarding generalized, tariff preferences was in the
course of preparation , the Community considered , as regards cotton textiles
covered by the Long-term Arrangement regarding International Trade in Cotton
Textiles (hereinafter referred to as the "Geneva Arrangement "), and the sub
stitute products on the "conditional list " of the Kennedy Round , that the
tariff preferences would be granted to the , countries benefiting from the
generalized preferences and signatories to the Long-term Arrangement , this
being for the duration of the Arrangement . However , in its revised offer ,
the Community declared that tariff preferences could also be granted in
respect of these products and for the sane period to benefiting third coun
tries not belonging to the Geneva Arrangement , which gave with respect to
the Community "similar undertakings " to those which exist under the Long-
term Arrangement .
2.        When Yugoslavia requested the opportunity of benefiting from
preferences for the products in question , the Commission decided that the
similar undertakings to be asked for could be embodied in a bilateral
agreement of the same type as the agreement negotiated by the Community
concerning cotton textiles with seven other supplier countries under Article
4 of the Geneva Arrangement • Consequently the Commission submitted to the
Council a reconmandation for a decision giving the Commission authority to
open negotiations with Yugoslavia for the conclusion of such an agreement .
3.       In a decision of 27 June 1972 , the Council authorized the Commission
to open negotiations with Yugoslavia with the aim of concluding an agreement
on the trade in cotton textiles .
         In accordance with this decision and in consultation with the
Article 113 Committee , the Commission acting on behalf of the Community
conducted negotiations with the Delegation of the Socialist Federal Republic
of Yugoslavia for the conclusion of such an agreement . Following these
                                                                            /.
 ---pagebreak---                                      - 2 -
negotiations , which ended on 1 March 1973 » a draft Agreement was dram tip .
The heads of the two delegations agreed that this draft conformed to the
results of the discussions .
4.        The Commission considers that this draft Agreement represents
a result which is acceptable to the Community . Consequently it recommends
to the Council that the latter approve the result of the negotiations and
give , as soon as possible , an opinion on the draft Decision annexed hereto ,
since the possibility for Yugoslavia of benefiting from generalized prefe
rences for cotton textiles and other textiles treated as such is subject
to the conclusion of this Agreement .
 ---pagebreak---                         DECISION OP THE COUNCIL
          concluding an agreement between , the European Community
          and the Socialist Federal Republic of Yugoslavia on
                        trade in cotton textiles
THE COUIICIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 113 thereof ;
Having regard to the recommendation of the Commission !
Whereas it is necessary to conclude the Agreement on trade in cotton tex
tiles negotiated between the Commission of the European Communities and
the Socialist Federal Republic of Yugoslavia ?
 ---pagebreak--- HAS DECIDED AS FOLLOWS :
                                Article 1
     An Agreement on trade m cotton textiles is hereby concluded in the
name of the Earope an Economic Community with the Socialist Federal Republic
of Yugoslavia .
     The text of this Agreement is annexed to this Decision .
                                Article 2
     The President of the Council is hereby authorized to designate the
person empowered to sign the Agreement and to confer on him the powers
required in order to bind the Community .
Done at Brussels ,
                                              For the Council ,
                                              The President
 ---pagebreak---                 AGREENT
               between the
      EUROPEAN ECONOMIC COIfclUNITY
                 and the
SOCIALIST FEDERAL REPUBLIC OP YUGOSLAVIA
      on trade in cotton textiles
 ---pagebreak--- THE COUNCIL OF THE EUROPEAN COIIMUNITIES ,
on the one hand , and
THE GOVEHKOTJT OF THE SOCIALIST FEDERAL REPUBLIC OP YUGOSLAVIA ,
on the other hand ,
DESIRING to ensure the orderly development of trade in cotton textiles
between the European Community , hereinafter called the "Community" and
Yugoslavia ,
AWARE of the rights and obligations of the Contracting Parties under the
General Agreement on Tariff and Trade ,         1
AWARE that the following provisions are intended to solve the problems
relating to trade in cotton textiles between Yugoslavia and the Community
and must not be considered as suitable for application in other fields ,
HAVE . DECIDED , in a spirit of mutual cooperation , to conclude this Agreement
and to this end have designated as Plenipotentiaries :
THE COUNCIL 01? TIIE EUROPEAN C0:3!UNITIES :
THE GOVERN? 1ENT OF THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA :
WHO HAVE AGREED UPON THE FOLLOWING PROVISIONS :
 ---pagebreak---                                  Article 1
1.    The provisions of this Agreement shall apply to the cotton textiles
originating in and dispatched from Yugoslavia and listed in Annex I.
 ---pagebreak---                                  Article 2
      Yugoslavia undertakes to apply the necessary measures to ensure that
its exports of cotton textiles to the Community do not exceed the ceilings
fixed in Article 3 *
      The Community undertakes , insofar as these exports do not exceed the
quantitative ceilings fixed in Article 3 , not to introduce new quantitative
restrictions on imports of cotton textiles originating in and dispatched
from Yugoslavia and to suspend the application of existing restrictions ,   .
 ---pagebreak---                                      Article 3
1.     The global ceiling which is the subject of this Agreement shall be
17,280 metric tons per year , outward processing traffic being excluded from
this total quantity .
                                    ■
2.     This total quantity per year shall be apportioned as follows between
two groups of categories of products :
                                                                 Metric tons
    Group I    ( Cotton fabrics , unbleached   or bleached ,
                 whether or not mercerised )
               - intended for internal consumption                 10,406
               - intended for reexport                              3,794
                                            total                  14,200
    Group II ( Other cotton fabrics , made-up articles
                 and miscellaneous articles of cotton )             3,080
3.     In order to prevent excessive concentration of trade on certain pro
ducts , the Contracting Parties may agree on specific ceilings by sub-catego
ries within the ceilings set out in paragraph 2 .
       If , in the course of one of the twelve-nonth periods , the Community
notes a rapid and substantial growth in imports of certain sub-categories
of products which are not covered by specific ceilings , it may request that
a specific ceiling be fixed . Where such a request is made , consultations
shall be held forthwith between the two parties to agree upon the level of
a specific ceiling for the product in question .
 ---pagebreak---                                                     I
                                  Article 4
1.     Yougoslavia may transfer up to 10% of the quantities fixed for Group II
to Group I.
       Unused portions of tho specific ceilings may "be transferred to another
specific ceiling provided the quantity thus transferred does not exceed 10%
of the specific ceiling to which the transfer is made , or to other sub
categories within the same category not subject to specific ceilings ,
2.     Portions of one of the ceilings for the two groups of categories not
used during any twelve-month period may be carried over and added to the
ceiling for the same group in the following twelve-month period up to a
maximun of 10$ of the ceiling in question , provided no such transfer has
been effected or carryover been made to another head .
3.     Within a limit of 10$ of each of the ceilings agreed upon , advance
deliveries shall be authorized by the Community from the ceiling established
for the following twelve -month period , if the Yugoslav Government so requests
in good time . The Yugoslav Government shall , hotirever , endeavour to ensure
that exports of cotton textiles of all categories are spaced out as regu
larly as possible over each of the twelve-month periods , due account being
taken , in particular , of seasonal factors . Aaounts delivered in advance shall
be deducted from the ceilings for the following twelve-month period .
 ---pagebreak---                                   Article 5
       The two parties agree that the ceilings shown in the Agreement shall
"be managed, under a system of double checking .
 ---pagebreak---                                  Article 6
      The Contracting Parties shall communicate to one another all useful
information on the trade between the Community and Yugoslavia in textile
products . For this purpose thoy shall apply their own classification and
shall cooperate in order to facilitate comparison of the information
supplied .
 ---pagebreak---                                 Article 7
      The Contracting Parties shall cooperate in taking the appropriate
measures to ensure that the provisions of this Agreement are not avoided
through the use of practices involving reexportation or re-routing.
      When the Community has reason to suspect thet imports from Yougoslavia
did not originate in that country , it may call for consultations with Yugo
slavia to facilitate the determination of the origin of the products in
question .
 ---pagebreak---                                   Art ici e 8
1.    If imports into the Community of certain textiles of fibres in direct
competition with cotton cause or threaten to cause a disturbance of the
market , and in particular .when these imports increase in such a way that
the provisions of this Agreement could be evaded , the Community may ask
Yugoslavia for consultations in order to agree on measures to be taken to
remedy this situation . The request for consultations shall be accompanied
by a detailed and substantiated statement of the reasons and the justifi
cation for its presentation .
2.    If these consultations do not result in an agreement within the
                                                        ι
period of 60 days following the request , the Community shall be entitled
to take protective measures as provided for in Article III paragraph 2
of the Trade Agreement between the Community and Yugoslavia .
 ---pagebreak---                                 Article 9
      Should one of the Parties inform the other that the application of
the Agreement has given rise to difficulties which jeopardise the mainte
nance of existing commercial relations "between importers and exporters ,
the two parties shall take all the necessary measures to ensure that these
commercial relations are maintained .
 ---pagebreak---                                  Article 10
      The two parties undertake to consult each other , at the request of
either , on all problems arising from the implementation of the Agreement .
 ---pagebreak---                                  Article 11
1.    This Agreement shall be concluded for a period of one year from
1 January 1973 *
      It shall enter into force on the first day of the month following
the date of its signing . Its term of validity shall be extended for one
year if neither of the parties has denounced it one month before its
expiry .
2.    Each party reserves the right to adapt the provisions in the light
of the results of future multilateral trade negotiations .
3.    The Annexes to this Agreement shall form an integral part thereof .
 ---pagebreak---                                    Article 12
      This Agreement shall be drawn up in two copies in the German , English ,
Danish , French , Italian , Dutch and Serbo-Croat languages , each of these
texts being equally authentic .
 ---pagebreak---                                                          ANNEX I
                 LIST OP COTTON TEXTILE PRODUCTS
           REFERRED TO EST ARTICLE I OP THE AGREEMENT
 "Cotton textiles " shall "be considered to cover the products , listed
"below , in which cotton represents more than 5^° ("by weight ) of the
fibre content , with the exception of fabrics manufactured by crafts
men on hand looms .
 ---pagebreak---  Group          Sub-
          Cate
of cate        cat e– •              Description of products
         gories
 gories         gories
GROUP I                      COTTON FABRICS , UKBLEACHED OR BLEACHED ,
                             MERCERIZED OR FOT
            B              • COTTON FABRICS , UKBLEACHED
                B 1          Terry towelling and similar terry fabrics
                B 2          Woven fabrics other than gauze or teriy towelling
                             and similar terry fabrics , containing less than
                                  by weight of cotton
                B 3          Woven fabrics other than gauze or terry
                             towelling and similar terry fabrics , containing
                             at least 85c/o by weight of cotton , plain weave ,
                             weighing more than ^0 but not more than 130 g
                             per square metre , of a width of more than 115
                             cm but not more than I65 ca , only with a yarn
                             numbered less than 55 » 000 m/kg ( English number
                             32 )
                B 4          Woven fabrics other than gauze or terry towelling
                             and similar terry fabrics , containing at least
                             85i" by weight of cotton , plain weave , weighing
                             not more that 130 g per square metre , other than
                             those under B 3
                B 5          woven fabrics other than gauze or terry towelling
                             and similar terry fabrics , containing at least
                             83% by weight of cotton , plain weave , weighing
                             more than 130 but not more than 200 g per square
                             metre , of a width of at least 85 cm but not more
                             than 115 cn
                B 6          VJoven fabrics other than gauze or terry towelling
                             and similar teriy fabrics , containing at least
                             85$ by weight of cotton , plain weave , weighing
                             per square metre more than 130 g but not more
                             than 200 g of a width of more than 115 cm
                                                                           ./•
                         I
 ---pagebreak---  °r0U?      Cate- SvÛ0~
of cate -     .   cate -           Description of products
          gories      .                   *        *
 gories   ■       gones  .
GROUP I            B 7     Woven fabrics other than gauze or terry towelling
                           and similar terry fabrics , containing at least
                           8   by weight of cotton , of a width of at least
                           85 cm , other than plain weave
                   B 8     Other woven fabrics
                           COTTOH FABRICS OTHER THAN UNBLEACHED
                    C 1    Bleached , mercerized or not
GROUP II                   OTHER COTTOH FABRICS . M/J3E-UP ARTICLES /JTD
                           MISCELLANEOUS ARTICLES OF COTTON
                    C 2    Gauze other than unbleached or bleached
                    C 3    Terry toxtfelling and similar terry fabrics , othor
                           than unbleached or bleached
                    C 4    Woven pile fabrics and chenille fabrics ( other
                           than terry towelling or similar terry fabrics of
                           cotton falling within Heading No . 55*08 an&
                           fabrics falling within Heading No . 5S»05 )
                    C 5    Woven fabrics other than gauze or terry
                           towelling and similar terry fabrics , dyed
                   C 6     Woven fabrics other than gauze or terry
                           towelling and similar terry fabrics , printed
                    C 7    Woven febrics other than gauze or terry
                           towelling and similar terry fabrics , made with
                           yarns of various colours
                                                                        /.
 ---pagebreak---  Group              Sub-
         Cate
of cate            cate-           Description of products
         gories
 gories             gories
           D                  HOUSEHOLD MADE-UP ARTICLES OF C0TT01T
                    D 1       Bed linen
                    D 2       Table linen
                    D 3       Terry toilet linen and terry kitchen linen
                    D 4       Other household articles
           E    ■         . . COTTON CLOTHING
                  . E_1       Gloves , mittens and mitts , knitted or
                              crocheted , not elastic or rubberized
                    E 2       Undergarments , knitted or crocheted , not elastic
                              or rubberized
                    E 3       Outer garments and other articles , knitted or
                              crocheted , not elastic or rubberized . Articles
                              other than knitted or crocheted fabrics and
                              articles thereof , elastic or rubberized
                    E 4       Woven trousers and breeches , for men and boys
                    E 5       Other woven outer garments for men and boys
                    E 6       Woven outer garments for women , girls and infants
                    E 7       Shirts and bodices for men and boys
                    E 8       Other woven undergarments for men and boys
 ---pagebreak---  Group          Sub-
         Cate
of cate        cate-        Description of products
         gories
gories          gories
GROUP II         E 9   Woven undergarraents for women , girls and
                       infant s
                 E 10  Hanakerchiefs
                 E 11  Other articles of apparel and clothing
                       accessories
                       MISCELLANEOUS C0TT0N FA3RICS AHD ÌÌADE-UP
                       ARTICLES
                 F 1   Travelling rugs and olankets
                 P 2   Floor cloths , dish-cloths , dusters ,
                       and the like
                 F 3   Pneumatic Eattresses
                 F 4   Other
 ---pagebreak---                                 ANNEX
Letter No . 1 Double checking
Letter No . 2 Re-exports
Letter No . 3 Transit and free trade
Letter No . 4 105$ Clause
Letter No . 5 Substitute products
Letter No . 6 Territory of application
Letter No . ^ Consultations
Letter No . 8 Development of trade
 ---pagebreak---                                                          LHTTER No . 1
                                                         Brussels .
Madame ,
         At the conclusion of the negotiations between the Yugoslav Govern
ment and the Community which led this day to the signature of the Agreement
on cotton textiles , the two parties agreed, on the following :
         The administration of cotton textiles imports from Yugoslavia will
be based on a system of double checking.
         The authorities of the Member States of the Community will , auto
matically and without delay , accept imports of cotton textile products on
submission of the importer 's application together with the original export
licence.  These export licences will be issued by the Yugoslav authorities
up to the total amount of the agreed ceilings .
         The export licence issued by the Yugoslav authorities shall be ap
plicable to the products referred to in Article 1 of the Agreement .
 ---pagebreak---          The export licence must specify :
1.  destination
2.  sériai number
3.  importer 's name and address
4.  exporter 's name and address
5.  net weight ( in kilograms or metric tons ) and value
6.  category and description of product
7.  certificate issued by the Yugoslav authorities showing that the
    quantity has been debited against the agreed ceiling for exports
    to the Community .
         The authorities of the Member States of the Community will not
raise difficulties in the event of a discrepancy between the weight indicated
in the export licenoe and the shipment or import weight provided it is with
in reasonable limits , while the Yugoslav authorities , for their part , will
endeavor to keep any discrepancies to a minimum .
         In the event of total or partial withdraxfal of an export licence ,
the Yugoslav authorities will notify the authorities of the Member States
of the Community of such total or partial withdrawal .   The authorities of
the Member States of the Community will take the appropriate measures in
accordance with the existing administrative provisions .
         The Yugoslav authorities will forward to the authorities of the
Member States of the Community , via the Embassies of the Member States of
the Community and directly to the Commission , quarterly returns showing the
total net weight in metric tons covered by the export licences issued against
the ceilings for exports to the Member States of the Community for each
 ---pagebreak--- category specified in the Agreement .   T'he categories falling within
Group I will be taken as a whole .
         We should be grateful if you would be good enough to confirm
that your Government is in agreement with the foregoing.
         I avail myself , Madame , of this opportunity to renew the as
surance of my highest considerations .   '
 ---pagebreak---                                                           LETTER No . 1
                                                          Brussels ,
Sir «
      I have the honour to acknowledge receipt of your letter dated this ,
 day reading as follows :
      "At the conclusion of the negotiations between the Yugoslav Government
  and the Community which led this day to the signature of the Agreement on
  cotton textiles , the two parties agreed on the following :
      The administration of cotton textiles imports from Yugoslavia will he
 "based on a system of double checking .
      The authorities of the Member States of the Community will , automatical
  ly and without delay , accept imports of cotton textile products on submis
  sion of the importer 's application , together with the original export li
  cence . These export licences will be issued bjr the Yugoslav authorities up'
  to the total amount of the agreed ceilings .
      The export licence issued by the Yugoslav authorities shall be applicable
  to the products referred to in Article 1 of the Agreement ."       ;
 ---pagebreak---      The export licence must specify :
1.  destination
2.   sériai nuinber
3.   importer * s nanie and address
4.   exporter' s name and rd.dress
5 . net weight ( in kilograms or metric tons ) and value
6.   category and description of product
7.   certificate issued "by the Yugoslav authorities showing that the
    quantity has "been debited against the agreed ceiling for exports
     to the Community .
    The authorities of the Member States of the Community will not raise
difficulties in the event of a discrepancy between the weight indicated in
the export licence and the shipment or import weight provided it is within
reasonable limits , while the Yugoslav authorities , for their part , will en
deavour to keep any discrepancies to a minimum .
     In the event of total or partial withdrawal of an export licence , the
Yugoslav authorities will notify the authorities of the Member States of
the Community of such total or partial withdrai»r al .  The authorities of the
Member States of the Community will take the appropriate measures in accor
dance with the existing administrative provisions .
    The Yugoslav authorities will forward to the authorities of the Member
States of the Community , via the Embassies of the Member States of the Com
munity and directly to the Commission , quarterly returns showing the total
net weight in metric tons covered by the export licences issued against the
ceilings for exports, to the Member States of the Community for each category
specified in the Agreement ,     The categories falling within Group I will be
taken as a whole .
 ---pagebreak---     Vie should be grateful if you would "be good enough to confirm that
your Government is in agreement with the foregoing."
    On behalf of the Yugoslav Government I have the honour to confirm
the above-mentioned understandings .
    I avail myself , Sir , of this opportunity to renew the assurance of
my highest consideration .
 ---pagebreak---                                                         LETTER Eo . 2
                                                        Brussels ,
Madame ,
    At the conclusion of the negotiations "between the Yugoslav Government
and the Community which led this day to the signature of the Agreement on
cotton textiles , the two parties agreed on the follovdng :
    All Yugoslav exports to the Community referred to in Article 2 of the
Agreement shall be counted against the agreed ceilings .
    In the event of additional demand developing for re-exportation to
third countries after processing in the Community , the authorities in the
Member States may grant special import licences leading to the issue of
permits to export without deduction from the agreed ceilings .
    The Commission will inform the Yugoslav Government each quart er of any
such development .
    We should be grateful if you would be good enough to confirm that your
Government is in agreement with the foregoing .
    I avail myself , Madame , of this opportunity to renew the assurance of
my highest consideration .
 ---pagebreak---                                                           LETTER Ho . 2
                                                          Brussels ,
Sir ,
      I have the honour to acknowledge receipt of your letter dated this
day , reading as follows :
      "At the conclusion of the negotiations between the Yugoslav Govern
ment and the Community which led this day to the signature of the Agree
ment on cotton textiles , the two parties agreed on the following :
      All Yugoslav exports to the Community referred to in Article 2 of the
Agreement shall be counted against the agreed ceilings .
      In the event of additional demand developing for re-exportation to
third countries after processing in the Community , the authorities in the
Member States may grant special import licences leading to the issue of
permits to export without deduction from the agreed ceilings .
      The Commission vrill inform the Yugoslav Government each quarter of any
such development .
      Wo should be grateful if you would be good enough to confirm that your
Government is in agreement with the foregoing ."
      On behalf of the Government of Yugoslavia I have the honour to confirm
the above-mentioned understandings .
      I avail myself , Sir , of the opportunity to renew the assurance of
my highest consideration .
 ---pagebreak---                                                          LETTER No . 3
                                                         Brussels ,
Madame ,
                                                           ν
    At the conclusion of the negotiations between the Yugoslav Government
and the Community which led this day to the signature of the Agreement on
cotton textiles , the two parties agreed to the following :
    The present Agreement shall in no way hinder merchants in Community
countries from freely engaging, as they have done in the past , in trade
with third countries .
    This principle shall apply "both to operations carried out under transit
arrangements and to operations involving goods that do not enter the Commu
nity 's customs territory .
    Vie should be grateful if you would be good enough to confirm that your
Government is in agreement with the foregoing.
     I avail myself , Madame , of this opportunity to renew the assurance of
my highest consideration .
 ---pagebreak---                                                              LETTER ITo . 3
                                                             Brussels ,
Sir ,
      I have the honour to acknowledge receipt of your letter dated this
day , reading as follows :
      "At the conclusion of the negotiations "between the Yugoslav Govern
ment and the Community which led this day to the signature of the Agree
ment on cotton textiles , the two parties agreed on the following :
      The present Agreement shall in no way hinder merchants in Community
countries from freely engaging, as they have done in the past , in trade
with third countries .
      This principle shall apply "both to operations carried out under transit
arrangements and to operations involving goods that to not enter the Com-
nunity 's customs territory .
      lie should "be grateful . if you would "be good enough to confirm that your
Government is in agreement with the foregoing ."
      On behalf of the Yugoslav. Government I have , the honour to confirm the
above-mentioned understandings .         V,                       ,
      I avail myself , Sir , of this opportunity to renew the assurance of ray
highest consideration .
 ---pagebreak---                                                            LETTER No . 4
                                                          Brussels ,
Madame .
    At the conclusion of the negotiations "between the Yugoslav Government
and the Community which led this day to the signature of the Agreement on
cotton textiles , the two parties agreed on the following :
1.  Ho provision of the Agreement is to bo interpreted as affecting the
present state of liberalization of cotton textile products which exists
in the relations between the Member States of the Community and Yugoslavia.
2.  It is understood that the Community will not aslc for the fixing of a
specific ceiling pursuant to Article 3 of the Agreement unless the rigid
and substantial growth in imports of the products referred to is causing
or is threatening to cause a disturbance of the market .
    While waiting for the results of the consultations provided for in
this Article , the Yugoslav Government will maintain , from the date of the
request , its exports of the products in question at a level corresponding ,
prorata temporis , to 105$ of the exports for the most recent period of
twelve months for which statistical data is available .
    We should be grateful if you would be good enough to confirm that
your Government is in agreement with the foregoing .
    I avail n$r self , Madame , of this opportunity to renew the assurance
of my highest consideration .
 ---pagebreak---                                                           LETTEH No . 4
                                                          Brussels ,
Sir ,
      I have the honour to acknowledge receipt of your letter dated this
day reading as follottfs ;
      "At the conclusion of the negotiations "between the Yugoslav Government •
and the Community which led this day to the signature of the Agreement on
cotton textiles , the two parties agreed on the following :
1 . No provision of the Agreement is to be interpreted as affecting the
present state of liberalization of cotton textile products which, exists
in the relations between the Member States of the Community and Yugoslavia *
2 . It is understood that the Community will not ask for the fixing of a
specific ceiling pursuant to Article 3 of the Agreement unless the rapid
and substantial growth in imports of the products referred to is causing
or is threatening to cause a disturbance of the market .
      While waiting for the results of the consultations provided for in this
Article , the Yugoslav Government will maintain , from the date of the request ,
          )
its exports of the products in . question at a level corresponding, prorata
temporis , to 105% of "the exports for the most recent period of twelve months
for which statistical data is available .
      Vie should be grateful if you would be good enough to confirm that your
Government is in agreement with the foregoing."
      On behalf of the Yugoslav Government I have the honour to confirm the
above-mentioned understandings .
      I avail myself , Sir , of this opportunity to renew the assurance of my
highest consideration .
 ---pagebreak---                                                         LETTER No . 5
                                                        Brussels ,
Madame . ■
    At the conclusion of the negotiations betx\Teen the Yugoslav Government
and the Community which led this day to the signatvire of the Agreement on
cotton textiles , the two parties agreed on the following :
    The provisions of Article 8 of the Agreement shall apply in respect
of the products set out in the list annexed hereto .
    We should "be grateful if you would be good enough to confirm that your
Government is in agreement with the foregoing.
    I avail myself , Madame , of this opportunity to renew the assurance of
my highest consideration .
 ---pagebreak---                                                               A17ÎTEX
                                                              to letter Ho . 5
54.05         Woven fabrics of flax or of ramie
56.05         Yarn of man-made fibres (discontinuous or waste ) not put up for
              retail sale :
          Β   Or régénérât éd textile fibres
56.07         Woven fabrics of man-made fibres (discontinuous or waste ) :
          Β   Of regenerated textile fibres
58.04         Woven pile fabrics and chenille fabrics ( other than terry towel
              ling or similar terry fabrics of cotton falling within heading
              No« 55.08 and fabrics falling within heading No . 53*05 ) :
              Of svnthetic textile fibres
        ex B  Of other textile materials
58 . IO       Eabroidery , in piece , in strips or in motifs :                   '
          A   Embroidery without visible ground ;
        ex II Other
          B   Other
        ex II Other
60.01         Knitted or crocheted fabric , not elastic nor rubberized :
          B   Of man-made fibres
        ex C  Of other textile materials
60.06         Knitted or crocheted fabric and articles thereof , ' elastic or
              rubberized ( including elastic knee-caps and elastic stockings ) :
        ex A  Fabric
ex 61.01      Men 's and boys' outer garments
 61.02        Women 's , girls' and infants' outer garments :
        ex B  Other
ex 61.03      Hen 's and boys' under garments , including collars , shirt fronts
              and cuffs
61,05         Handkerchiefs :
        ex B  Other
 ---pagebreak--- 62.02       Bed linen , table linen , toilet linen and. kitchen linens
            curtains and other furnishing articles :
      ex B  Other
62.03       Sacks and bags , of a kind used for the packing of goods :
        B   Of other textile materials
          I Used
      ex B  Other
      ex II Other
62.04       Tarpaulins , sails , awnings , sunblinds , tents and camping goods :
        B   Of other textile materials
63.01       Clothing, clothing accessories , travelling rugs and blankets ,
            household linen and furnishing articles ( other than articles
            falling within heading No . 58 . 01 , 58*02 or 58*03 ) » of textile
            materials , footwear and headgear of any material , showing signs
            of appreciable wear and imported in bulk or in bales , sacks or
            similar bulk packings :
      ex A  Used clothing
 ---pagebreak---                                                           LETTER ITo . 5
                                                          Brussels ,
Sir ,
       I have the honour to acknowledge reoeipt of your letter dated this
day reading as follows :
       "At the conclusion of the negotiations between the Yugoslav Govern
ment and the Community which led this day to the signature of the Agreement
on cotton textiles , the two parties agreed on the following :
       The provisions of Article 8 of the Agreement shall apply in respect
of the products set out in the list annexed hereto .
       We should "be grateful if you would "be good enough to confirm that
your Government is in agreement with the foregoing."
       On "behalf of the Yugoslav Government I have the honour to confirm
the above-mentioned understandings .
        I avail myself, Sir , of this opportunity to renew the assurance of
my highest consideration .
 ---pagebreak---                                                            LETTER No . 6
                                                           Brussels .
Madame ,
         At the conclusion of the negotiations between the Government of Yu
goslavia and the Community which led this day to the signature of the Agree
ment on cotton textiles , the two parties agreed on the following :
         As far as the Kingdom of the Netherlands is concerned, the Agreement
shall apply solely to the Kingdom 's territory in Europe .
         We should be grateful if you would be good enough to confirm that
your Government is in agreement with the foregoing .
         I avail myself, Madame , of this opportunity to renew the assurance
of my highest consideration .                               • ,
 ---pagebreak---                                                            LETTER No . 6
                                                           Brussels ,
Sir .
       I have the honour to acknowledge receipt of your letter dated today ,
reading as follows :
       "At the conclusion of the negotiations "between the Government of Yu
goslavia and the European Economic Community which led this day to the sig
nature of the Agreement on cotton textiles , the two parties agreed on the
following :
       As far as the Kingdom of the Netherlands is concerned , the Agreement
shall apply solely to the Kingdom 's territory in Europe .
       We should he grateful if you would "be good enough to confirm that
your Government is in agreement with the foregoing ."
       On behalf of the Government of Yugoslavia I have the honour to confirm
the above–mentioned understanding .
       I avail myself , Sir , of this opportunity to renew the assurance of my
highest consideration .
 ---pagebreak---                                                            LETTER Ho . 7
                                                           Brussels .
Sir ,
        At the conclusion of the negotiations between the Yugoslav Govern
ment and. the Community which led this day to the signature, of the Agreement
on cotton textiles , the two parties agreed on the following ;
        Given the safeguard clauses for which provision is made in the Agree
ment , the two parties state their intention of avoiding any measures which
may have the effect of rendering the Agreement inoperative .    . .r ,        ;
        If either of the parties finds that its interests are seriously af
fected by such measures adopted by the other , that party, may request the
opening of consultations in order to find mutually acceptable solutions . ,
        We should bo grateful if you would be good enough to confirm that
your Government is in agreement with the foregoing.                  ■■
        I avail myself , Sir , of this opportunity to renew the assurances of
my highest consideration .                    - .
 ---pagebreak---                                                             LETTER No . 7
                                                            Brussels ,
Madame ,
         I have the honour to acknowledge receipt of your letter dated this
day reading as follows :
         "At the conclusion of the negotiations between the Yugoslav Govern
ment and the Community which led this day to the signature of the Agreement
on cotton textiles , the two parties agreed on the following :
      . Given the safeguard clauses for which provision is made in the Agree
ment , the two parties state their intention of avoiding any measures which
may have the effect of rendering the Agreement inoperative .
         If either of the parties finds that its interests are seriously af
fected "by such measures adopted by the other , that party may request the
opening of consultations in order to find mutually acceptable solutions .
         Vie should be grateful if you would be good enough to confirm that
your Government is in agreement with the foregoing."
         On behalf of the Community I have the honour to confirm the above-
mentioned understandings .
         I avail myself , Madame , of this opportunity to renew the assurance
of my highest consideration .
 ---pagebreak---                                                          LETTER Ho . 8
                                                         Brussels .
                      '                                              •       • v
Sir .                                                                  " ' 1
       At the conclusion of the negotiations "between the Yugoslav Government
and the Community which led this day to the signature of the Agreement on
cotton textiles , I have the honour of drawing your attention to the develop
ment of trade in textiles "betifeen the Community and Yugoslavia .
       In the light of the economic development of Yugoslavia and thfe efforts
of this country to open up its internal market , the trade in textile products
between the Community and Yugoslavia shows an increasingly dynamic and di
versified development . In the field of textiles the 'Community taJces 34$ of
Yugoslavia's world-wide exports and provides 40$ of its imports ..
       Industrial cooperation in the field of textiles represents an impor
tant factor in the structural changes in trade and in the further develop
ment of the industries concerned .
 ---pagebreak---        The statistical table annexed hereto shows the position with respect
to these patterns of trade and to industrial cooperation in the field of
textiles .
       The Yugoslav Government expresses the hope that the Agreement on cot
ton textiles will contribute to the further development of trade between
the Community and Yugoslavia in general and in the field of textiles in
particular .
       We should be grateful if you would be good enough to acknowledge re
ceipt of this letter and the Annex thereto .
       I avail myself , Sir , of the opportunity to renew the assurances of my
highest consideration .
 ---pagebreak---                                                            LETTER No . 8
                                                           Brussels .
Madame .
         I have the honour to acknowledge receipt of your letter dated this
day reading as follows :
         "At the conclusion of the negotiations 'between the Yugoslav Govern
ment and the Community which led this day to the signature of the Agreement
on cotton textiles , I have the honour of drawing your attention to the de
velopment of trade in textiles between the Community and Yugoslavia.
         In the light of the economic development of Yugoslavia and, the ef
forts of this country to open up its internal market , the trade in textile
products between the Community and Yugoslavia shows an increasingly dynamic
and diversified development .   In the field of textiles the Community takes
34i° of Yugoslavia's world-wide exports and provides 40$ of its imports .
         Industrial cooperation in the field of textiles represents an im
portant factor in the structural changes in trade and in the further de
velopment of the industries concerned .
 ---pagebreak---        The statistical table annexed hereto shows the position with re
spect to these patterns of trade and to industrial cooperation in the
field of textiles .
       The Yugoslav Government expresses the hope that the Agreement on
cotton textiles will contribute to the further development of trade bet
ween the Community and Yugoslavia in general and in the field of textiles
in particular .
       We should be grateful if you would be good enough to acknowledge
receipt of this letter and the Annex thereto ."
       I avail myself , Madame , of this opportunity to renew the assurance
of my highest consideration .
 ---pagebreak---                                              TUE  s -i - ii- uo - rurti!: o !■' i        AND expoots   OF
                                                   TEXTILE PRODUCTS                   IN YUGOSLAVIA
                                                                           -1971-
                                                                                in millions :-- of Dollar
                                     Total     EEC                              Umted                      EEC
SITC groups                                             V-                                        Denmark                    /
                                                6                                                          1SQVV
                                     SFRY                                       Xmgdom
IîîPOHT'S
Group 26 Textile fibres and waste    113.2     17.7                             2,2                        19-9              16,8
        65 Yarn , woven fabrics ,
           raade-up textile articles 139-1     80.0                             2.4                        82,4              59.2
        841 Clothing                   17.5     7.2                             0.1                          7.3             41.7
                        Total :      274.8     104.9                            4.7                        109.6
                                                                                •  <
                                                                                «
                                     100 % ■     38.2 %                                                      39.9 %
EXPORTS
                                        9.5      2.1                                                         2.1             22.1
Group 26 Textile fibres and waste
        65 Yarn , woven fabrics ,
           maàe-up textile articles    79-0    30.4                             0.8                1.2     32.4               41.0
       84I Clothing                    93.6    24.9                             2.0                0.4      27.3              29,1
                        Total ï       182.1     57.4                             2.8               1.6      61.8
                                      100 %     31.5 %                                                      33.9 %
 Source : 0ECD
 Processing traffic
 TVPORTS                               73.2     55.5                                                        55.5               75-8
                                       89.4     76.9                                                        76.9               00 . 0
 EXPORTS
Source :    Yugoslav statistics
 Overall total
  IMPORTS                             348.0     I6O.4                             4.7                       165.1              47.4
  EXPORTS                             271.5     134.3                             2.8              1.6      138.7              52,0


title: Recommendation for a COUNCIL DECISION authorizing the Commission to participate in the sixty-fifth International Labour Conference on the negotiations for the revision of ILO Convention No 67 on hours of work and rest periods in road transport (presented by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (79) 301
Vol. 1979/0115
 ---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 ( 79 ) 301 final
                                                 Brussels - 6 June 1979
                            Recommendation for a
                              COUNCIL DECISION
 authorizing the Commission to participate in the sixty-fifth International
 Labour Conference on the negotiations for the revision of ILO Convention
          No 67 on hours of work and rest periods in road transport
            ( presented by the Commission to the Council )
                                              <       A
 COM ( 79) 301 final            fel      r "c
 ---pagebreak---       JUSTIFICATION
      The provisions of the draft Convention denoted to the revision of ILO Con
      vention n° 67 on hours of work and rest periods in road transport cover the
      same subjects as those governed at Community level by the Council Decision
      of 13 Kay 1965 on the harmonisation of certain provisions affecting compe
      tition in transport by road, rail and inland waterways(l ) ; some of these
      provisions 'are similar to those provided for in Council Regulation (EEC )
      n° 543/69 ( 2 ), whilst others are covered in the proposal for a Counoil
      Regulation (EEC ) on the harmonisation of certain social legislation relating
      to road transport,' forwarded to the Council "by the Commission on 9 March 1976
        3 ).
      In addition to that explicitly specified in the Treaty, the Community competence
      to conclude agreements does not only result from a provision in the Treaty
      ( as in the case of art , 113 and 239 ) but cain also result implicitly from other
      provisions of the Treaty aftd secondary legislation.      In particular , Member
      States may no langer conclude international commitments in all cases where
      common rules of secondary legislation have been adopted for the execution of
      a policy provided for in the Treaties (4 )
( 1 ) O.J. 1J° 88 , 24.5.1965
( 2 ) Council Regulation (EEC ) N° 543 of 25 March 1969 on the harmonisation of
      certain social legislation relating to road transport ( OJ N° L 77f 29.3 . 69 »
      amended "by :
      - Council Regulation (EEC ) n° 514/72 of 28,2.1972, ( OJ N° L 67 , 20.3.1972 )
      - Council Regulation ( EEC ) n° 515 /72 of 28.2.1972 , ( OJ    L 67, 20.3.1972 )
      - Council Regulation ( EEC ) n° 2827/77 of 12.12.1977, ( OJ N° L 334 f 24.12.1977 )
      - Council Regulation (EEC ; n° 2829/77 of 12.12.1977 on the "bringing into
          force of the European Agreement concerning the work of crews of vehicles
          engaged in international road transport (AETR) (OJ N° L 334f 24.12.1977 )
(3 ) OJ N° C 103 , 6.5.1976
(4) Judgement Commission against the Council of 31 March 1971? Case 22/70,
      Casebook 1971 » p. 263 , et al (EART )
 ---pagebreak--- Wherever the Community has an external competence , it is up to the Commission
tinder art . 228 to negotiate international agreements and for the Council to
conclude the agreements . It must act in the framework of directives which the
Council may give , and give in a precise way. The Council is carrying out
its power to authorise negotiations or give directives for the conduct of
such negotiations , must act on a Recommendation or proposal from the
Commission.
The I-Iember States are closely associated with the negotiations , particular
ly through a special Committee .
The negotiating mandate for the Commission requested in this proposal does
not prejudge the ratification "by the Member States of the Convention which
might result from the 65th session of the International Labour Conference .
 ---pagebreak---                                           Recommendation
                         for a Council Decision authorising the Commission
              to participate in the 65th International Labour Conference
               in the negotiations for the revision of ILO Convention No-
               67 on hours of work and rest periods in road transport .
 THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community,
 Having regard to the recommendation from the Commission ;
 Whereas the revision of ILO Convention No 67 on hours of work and rest
 periods in road transport will be one of the matters discussed at the
 65th session of the International Labour Conference ;
 Whereas the provisions of the draft Convention cover the same subjects
 as those governed &t> Community level by the Decision 65 / 27/ EEC of 13 May 1965
 the harmonization of certain provisions affecting competion in transport
by rail , road and inland waterway         whereas certain of these provisions are
 similar to those provided for in Council Regulation (EEC ) No 543/69
 whilst others are covered by the proposal for a Council Regulation (EEC )
 on the harmonization of certain social legislation relating to road transport
        forwarded to the Council by the Commission on 9 March 1976 .
1 - OJ No aa , 24.5 . 1965 , p. 500/ 65 ;
    Council Regulation (EEC ) No 543 of 25 March 1969 on the harmonization
    of certain social legislation relating to road transport (OJ No L 77
    29*3.69 , as amended by
    - Council Regulation (EEC ) No 514/72 of 28 February 1972
      (OJ No L 67 , 20.3.1972 )
    - Council Regulation (EEC ) No 515/72 of 28 February 1972
      (OJ No L 67 , 20.3.1972 )
    - Council Regulation (EES ) N o 2827/77 of 12 December 1977
      (OJ No L 334 , 24.12.1977 )
    - Council Regulation (EEC ) NO 2829/77 of 12 December 1977 on the bring
      ing into force of the European Agreement concerning the work of crews
      of vehicles engaged in international road transport (AETR).
      (OJ No L 334 , 24.12.1977 ) ;
 3 OJ No C 103 , 6.5.1976 , p. 2.
 ---pagebreak--- WHEREAS in view of its powers in the subjects covered by ILO Convention
No 67 on hours of work and rest periods in road transport it is import
ant for the European Economic Community to participate in the negotiations
alongside its Member States with a view to revising the said agreement .
HAS DECIDED AS FOLLOWS
                               Sole Article
The Commission is hereby authorized to participate in the negotiations
concerning the revision of ILO Convention No 67 on hours of work and
rest periods in road transport with a view to enabling the European
Economic Community to become a contracting party to this Convention .
It shall carry out these negotiations with the assistance of a special
committee composed of representatives of the Member States , and in
accordance with the attached directives and any subsequently given to it .
Done at Brussels ,             1979
                                                  For the Counci 1
 ---pagebreak---                           I
                                         -3-
   Directives from "the Council to "the Commission
A. The Commission, while taking full account of the specific problems related
    to the Tripartite system applied to International Labour Conferences , will
    endeavour to ensure that the draft revision of Convention No 67 of the ILO
    on hours of work and rest periods in road transport , to be nego
    tiated during the o5"th session of the International Labour Conference ,
    is compatible with the measures already undertaken by the Community, in
    particular by Council Regulation (EEC ) No 543/^9 of "the 25 March 1969
    and Council Regulation (EEC ) No 2827/77 of 12 December 1977/ concerning
    the harm onisat ion of certain social legislation relating to road
    transport .
    The draft revised Convention must contain provision for the European
   Economic Community to become eventually a contracting party .    The provisions
   to be laid down to this end     will take account of the specific character
    of the conventions adopted by International Labour Conferences .
B. The annex to this document is a first working paper "for the Commission 's
   negotiations .
 ---pagebreak---                                                    /
                                                                AffiJEX
             Working document for Commission negotiations concerning
             the revision of ILO Convention no . 67
             on hours of work and rest periods in road transport
             ( item on the agenda of the 65th session of the Internatio
             nal Labour Conference in Geneva from 6 to 27 June 1979 )
    In this document the Commission presents proposals and comments on
    the draft convention and recommendations concerning hours of work and rest
  periods in road transport on the Agenda of the 65 "th Session of the Inter
  national Labour Conference (ILO - Geneva, 6 to 27 June 1979 ) in connection
  with the revision of ILO Convention no 67 concerning hours of work and rest
  periods in road transport .
A. Proposed convention concerning hours of work and rest periods in road
     trancnort
     Article 1
     Paragraph 1 to read as follows :
     This Convention applies to the work of drivers' mates , attendants ,
     conductors and other wage-earners employed on motor vehicles engaged
  1                           ** "
      in .......   '
     Paragraph 2 to read as follows :
     This Convention also applies to the work in road transport of owners
     of vehicles and non-wage-earning members of their families working as
     drivers , drivers' mates , attendants , conductors or in any other capa
     city in road transport *
       Article 2                             .   .
                                               !
     1 (a ) s delete
     1 («) to read as follows ;
     transport for the purpose' of national defence , police services and
     fire-fighting services and, insofar as it is not in competition with
     that effected by tindertakings engaged in transport for third parties ,
     transport for the purpose of other essential publio authority services .
        ( f) to read :
     transport by taxi
 ---pagebreak---                                        - 2 -
       ( g) delete .
This provision is too vague and could usefully "be replaced "by the following
subparagraphs :
 ( g) transport of goods where the authorized maximum wei^vfc of the vehiole
       is 3.5 tonnes ;
 (h ) transport of circus and entertainment equipments :
 ( i ) transport in connection with specialized breakdown services ;
 ( j ) transport of passengers by vehicles designed and fitted to carry up
       to 15 passengers including the driver ;
 (k) transport of live animals from agricultural undertakings to local
       markets and vice-versa , and the transport of carcases or waste
       not for human consumption from slaughterhouses .
Article 4                                    1
Paragraph 2 - delete
Retention of this provision would have the effect of raising the ma-H mum
period of continuous driving from 4 to 5 houris •
Paragraph 3 (becomes para . 2 ) should read :                  *        •
The minimum length of the break referred to in this Article is fixed at
30 minutes
(Regulation (EEC ) No 543/69, Article 8 ). As appropriate, the way in whioh
the break may be split shall be determined by the competent authority
or body in each country.
Paragraph 4 - delete
                            ii •
In that this provision goes beyond the notion of the split in the break
referred to in paragraph 3 (new paragraph 2 ) it opens the way for abuse .
Article 5
Paragraph 1      to read as follows :
The maximum total driving time shall exceed neither ei^Lt hours per day
nor 46 hours per week . The maximum driving time may be extended to nine
hour3 twice a week (Regulation (EEC ) No 543/69 » Article 7 (2 ) (3 ))»
Paragraph 2 - delete
Retention of this provision would have the effect of cancelling the pro
visions under 1 »
Paragraph 3 becomes paragraph s .
 ---pagebreak---                                     - 3 -
Article 6
 to read as follows :
Paragraph 1 - No driver working as a paid employee shall work for a continu
ous period of more than four hours without a "break.
Paragraph 2 - The minimum length of the "break referred to in paragraph 1
of this Article is fixed at thirty minutes . Where appropriate , the way in
which the "break may "be split shall "be determined "by the competent autho
rity or "body in each country.
Paragraph 3 - For the purposes of this Convention, the tenn "work"
shall "be taken to mean "being at the employer's disposal at the place of
work .
Article 7
No comment . But it should be mentioned that .the provisions of thi3 Article
are more favourable for crew members than the provisions of Article 11 (3)
and (4 ) of Regulation (PTFT. ) 543/69 relating to crews consisting of two
drivers .
Article 8
A distinction should be made between the events dealt with in Article 13 a
of Regulation (EEC ) n# 543/69 and the urgent cases where there is an excep–
                                                                    »     «
tional need to ensure the operations of public utility services . This
Article could therefore be worded as follows :
1 . In urgent cases where there is an exceptional need to ensure the opera
    tion of public utility services, the competent authority or body in
    each country may permit as temporary exceptions but only insofar as
    may be necessary for the performance of indispens ble work, extensions
    of driving time , extensions of continuous working time , and reductions
    in the duration of the daily rest periods provided for in Articles 4 »
    5 , 6 and 7 of this Convention .
                      1                        «
2 . Provided it does not jeopardize the safety of traffic , the driver may
   disregard Articles 4» 5 » 6 and 7 of this Convention to provide assistance
    in the case of danger, force majeure , or following a breakdown, to the
   extent necessary to ensure the safety of        persons , the vehicle or its
    load and to enable him to reach an appropriate stop, or depending on the
    circumstances , the end of the journey. The driver should mention the type
    and reason for the derogation in the individual control book or record
    it on the control equipment .
 ---pagebreak---       3, Th« competent authority or body in each country shall lay down a
          procedure for notification of the hours of overtime worked in accoj>-
          dance with paragraphs 1 and 2 .
                       ι .
  B. Proponed recommendation concerning hours of work and rest periods in
      road transport
  1 . (a ) To read " drivers";
      (b ) Delete the words " in a professional capacity*' .
  2 . On the third line delete the words "in a professional capacity"
  3 . Include the list proposed in this document under Article 2 (l ) of the
      proposed Convention
  5 + 6 . T ° read :
      For the purposes of this recommendation, the texm "hours of work"
      relates to all times when paid employees are at the employer' s dis
      posal at the place of work and} with' respect to vehicle owners and
      non-employed         family members , it includes the time worked in con
      nection with driving, other work while the vehicle is on the road or
      subsidiary work done in connection with the transport vehicle , its pas
      sengers or its load.
  C ommorvt :
  A clear definition corresponding to the one in force for most workers is
  essential . The flexibility that may prove necessary, to take account of
  the hi      proportion of periods of attendance or stand-by at the place of
  work, should be covered by a system of exceptions .
                               \* •             .                            [
( IV) Normal hours of work
  It is essential to introduce this section by giving a definition of the
  concept of "normal" hours of work. The following text is proposed : "Nor
  mal hours of work means the period worked which is not covered by a dero
  gation granted by the competent authority from a special agreement con
  cluded between workers and employers or provisions or from agreements
  relating to overtime".
  ^Thi3 text forms the basis of comparative studies on working time, rest
    periods and earnings in maritime transport , civil aviation and ports
    which were decided by the Commission on 17 November 1977 and are in
    progress .
 ---pagebreak---                                          5
 7 . To read as follows :
     "Normal hours of work should not exceed a standard of between 40 and
     and 48 hours per week".
10 . To read as follows :
     Normal hours of work should not exceed 8 hours per day.
     C crori crvfc
     N.B. Any hours worked in excess of the normal hours , even those which
     would automatically he offset "by the rule requiring observance of the
     normal hours of work as an average , should "be included in the system
     of exceptions and overtime .
11 . To read as follows :                                                                                |
                                                                                I
      (l ) No worker should work continuously for more than a maximum of                                j
     four hours without a "break .                                                                      i
     (2 ) The minimum duration of the "break referred to . in sub-paragraph (l ) shall
     be thirty minutes. The way it is split should "be determined "by the                             j
     competent authority or "body in each country.                                                  j
                                                                                I
14 . (2 ) Delete - see proposed Convention .                                      .    . j
     ( 3 ) To read as follows :                                 -
     The minimum duration of the "break referred to in this paragraph shall be
     thirty minutes . Where appropriate , the way it is split should be ;
     determined "by the competent authority or "body in each country.
      (4 ) Dolete - see proposed Convention, Artide 4 (4 )»                                       i
15 * Should read :             neither ei^vt hours per day nor 46 hours per
     week .                                                           _                         i
16 . Delete - see proposed Convention, Artide 5 (2 )*
22 . (1)           should "be 29 consecutive hours .....                                      j
      ( 2 ) New – to read :
     The break referred to in paragraph 1 may be reduced to as little as
     24 consecutive hours provided a rest period equivalent to the
     reduction is granted in the same week to the crew member concerned.
25 . Repeat the wording in Article 8 of the proposed Convention .
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