Important legal notice

|

52007PC0839(01)

Recommendation for a Council Decision concerning the accession of Bulgaria and Romania to the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises  /* COM/2007/0839 final - CNS 2007/0283 */

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 20.12.2007COM(2007) 839 final2007/0283 (CNS)Recommendation for aCOUNCIL DECISIONconcerning the accession of Bulgaria and Romania to the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprisesProposal for aCOUNCIL DECISIONamending Annex I to the Act of Accession of Bulgaria and Romania(presented by the Commission)EXPLANATORY MEMORANDUMThe 2005 Act of accession of Bulgaria and Romania[1] has introduced a simplified system for the accession of Bulgaria and Romania to the conventions (and protocols) concluded by the Member States on the basis of Art. 34 TEU (previously Art. K.3 TEU) or Art. 293 EC. It is indeed not anymore necessary, as in the past, to negotiate and conclude specific accession protocols to these conventions (which would have implied ratification by 27 States): Article 3(3) of the Act provides simply that Bulgaria and Romania accede to these conventions and protocols by virtue of the Act of Accession.Article 3(3) and 3(4) of the Act of Accession provide that, to that effect, the Council shall adopt a decision in order to determine the date on which these conventions shall enter into force for Bulgaria and Romania and to make all the necessary adjustments to these conventions required by reason of the accession of the two new Member States (which would include, in any event, the adoption of the conventions in the Bulgarian and Romanian languages, so that these versions can be "equally authentic"). The Council shall act on a recommendation of the Commission, after consulting the European Parliament.Annex I to the Act of Accession gives the list of the conventions and protocols concerned.The list includes the Convention 90/436/EEC of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (the so-called Arbitration Convention), the Convention of 21st December 1995 on the accession of Austria, Finland and Sweden to the Arbitration Convention and the Protocol of 25 May 1999 amending the Arbitration Convention.In the period preceding the accession of Bulgaria and Romania to the European Union, the Member States have signed on 8 December 2004 a Convention on the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, to the Arbitration Convention.Therefore it is appropriate to provide for the accession of Bulgaria and Romania to the Arbitration Convention as amended by the Convention of 8 December 2004 and that Convention should be added to Annex I of the Act of Accession. To that effect, and in line with Article 3(6) of the Act of Accession the Commission has prepared a proposal for a Council Decision to add to the list the Convention of 8 December 2004 on the accession of the ten new Member states to Convention 90/436/EEC.The Commission Recommendation for a Council Decision is intended to make the adjustments required by reason of the accession of Bulgaria and Romania to the aforementioned Convention, in accordance with Article 3(4) of the Act of Accession.2007/0283 (CNS)Recommendation for aCOUNCIL DECISIONconcerning the accession of Bulgaria and Romania to the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprisesTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union,Having regard to the Treaty establishing the European Community,Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 3(4) thereof,Having regard to the recommendation from the Commission[2],Having regard to the opinion of the European Parliament[3],Whereas:(1) Convention 90/436/EEC of 23 July 1990, on the elimination of double taxation in connection with the adjustment of profits of associated enterprises[4] (hereinafter referred to as "the Arbitration Convention") was signed at Brussels on 23 July 1990 and entered into force on 1 January 1995.(2) The Arbitration Convention was amended by a Protocol[5], signed on 25 May 1999, which entered into force on 1 November 2004.(3) Austria, Finland and Sweden acceded to the Arbitration Convention by a Convention[6] signed on 21 December 1995.(4) The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, acceded to the Arbitration Convention by a Convention[7] signed on 8 December 2004.(5) Article 3(3) of the Act of Accession of 2005 provides that Bulgaria and Romania accede to the conventions and protocols concluded between the Member States listed in Annex I to the Act of Accession, including the Arbitration Convention. They are to enter into force in relation to Bulgaria and Romania on the date determined by the Council.(6) In accordance with Article 3(4) of the Act of Accession of 2005 the Council is to make all adjustments required by reason of accession to those conventions and protocols,HAS DECIDED AS FOLLOWS:Article 1The Arbitration Convention is amended as follows:(1) In Article 2(2), points (a) to (y) are replaced by the following:(i) in Belgium:(a) impôt des personnes physiques/personenbelasting(b) impôt des sociétés/vennootschapsbelasting(c) impôt des personnes morales/rechtspersonenbelasting(d) impôt des non-résidents/belasting der niet-verblijfhouders(e) taxe communale et la taxe d'agglomération additionnelles à l'impôt des personnes physiques/aanvullende gemeentebelasting en agglomeratiebelasting op de personenbelasting(ii) in Bulgaria:(a) данък върху доходите на физическите лица(b) корпоративен данък(iii) in the Czech Republic:(a) daň z příjmů fyzických osob(b) daň z příjmů právnických osob(iv) in Denmark:(a) indkomstskat til staten(b) den kommunale indkomstskat(c) den amtskommunale indkomstskat(v) in Germany:(a) Einkommensteuer(b) Koerperschaftsteuer(c) Gewerbesteuer, in so far as this tax is based on trading profits(vi) in Estonia:(a) tulumaks(vii) in Greece:(a) foros eisodimatos fysikon prosopon(b) foros eisodimatos nomikon prosopon(c) eisfora yper ton epicheiriseon ydrefsis kai apochetefsis(viii) in Spain:(a) Impuesto sobre la Renta de las Personas Físicas(b) Impuesto sobre Sociedades(c) Impuesto sobre la Renta de no Residentes(ix) in France:(a) impôt sur le revenu(b) impôt sur les sociétés(x) in Ireland:(a) Income Tax(b) Corporation Tax(xi) in Italy:(a) imposta sul reddito delle persone fisiche(b) imposta sul reddito delle società(c) imposta regionale sulle attività produttive(xii) in Cyprus:(a) Φόρος Εισοδήματος(b) Έκτακτη Εισφορά για την Άμυνα της Δημοκρατίας(xiii) in Latvia:(a) uzņēmumu ienākuma nodoklis(b) iedzīvotāju ienākuma nodoklis(xiv) in Lithuania:(a) Gyventojų pajamų mokestis(b) Pelno mokestis(xv) in Luxembourg:(a) impôt sur le revenu des personnes physiques(b) impôt sur le revenu des collectivités(c) impôt commercial, in so far as this tax is based on trading profits(xvi) in Hungary:(a) személyi jövedelemadó(b) társasági adó(c) osztalékadó(xvii) in Malta:(a) taxxa fuq l-income(xviii) in the Netherlands:(a) inkomstenbelasting(b) vennootschapsbelasting(xix) in Austria:(a) Einkommensteuer(b) Körperschaftsteuer(xx) in Poland:(a) podatek dochodowy od osób fizycznych(b) podatek dochodowy od osób prawnych(xxi) in Portugal:(a) imposto sobre o rendimento das pessoas singulares(b) imposto sobre o rendimento das pessoas colectivas(c) derrama para os municípios sobre o imposto sobre o rendimento das pessoas colectivas(xxii) in Romania:(a) impozitul pe venit(b) impozitul pe profit(c) impozitul pe veniturile obţinute din România de nerezidenţi(xxiii) in Slovenia:(a) dohodnina(b) davek od dobička pravnih oseb(xxiv) in Slovakia:(a) daň z príjmov právnických osôb(b) daň z príjmov fyzických osôb(xxv) in Finland:(a) valtion tuloverot/de statliga inkomstskatterna(b) yhteisöjen tulovero/inkomstskatten för samfund(c) kunnallisvero/kommunalskatten(d) kirkollisvero/kyrkoskatten(e) korkotulon lähdevero/källskatten å ränteinkomst(f) rajoitetusti verovelvollisen lähdevero/källskatten för begränsat skattskyldig(xxvi) in Sweden:(a) statlig inkomstskatt(b) kupongskatt(c) kommunal inkomstskatt(xxvii) in the United Kingdom:(a) Income Tax(b) Corporation Tax.(2) In Article 3(1), the following indents are added:-  in Bulgaria:Министъра на финансите или негов упълномощен представител,-  in Romania:Agenţia Naţionala de Administrare Fiscala.Article 2The Arbitration Convention, as amended by the Protocol of 25 May 1999, the Conventions of 21 December 1995 and of 8 December 2004 and this Decision, drawn up in the Bulgarian and Romanian languages and annexed to this Decision, shall be authentic under the same conditions as the other texts of the Arbitration Convention and the Protocol.Article 3The Arbitration Convention, as amended by the Protocol of 25 May 1999, the Conventions of 21 December 1995 and of 8 December 2004 and this Decision, enters into force on 1 January 2007 between Bulgaria, Romania and the other Member States for which the Arbitration Convention is in force. It enters into force between Bulgaria, Romania and each of the other Member States on the day the Arbitration Convention enters into force for the other Member State concerned.Article 4This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.Done at Brussels, […]For the CouncilThe President[…]ANNEXText of the Convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprises, as amended by the Protocol of 25 May 1999, the Conventions of 21 December 1995 and of 8 December 2004 in the Bulgarian and Romanian languages.Proposal for aCOUNCIL DECISIONamending Annex I to the Act of Accession of Bulgaria and RomaniaTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the European Union,Having regard to the Treaty establishing the European Community,Having regard to the Act of accession of Bulgaria and Romania, and in particular Article 3(6) thereof,Having regard to the proposal from the Commission[8],Whereas:(1) Article 3(3) of the Act of Accession of 2005 provides that Bulgaria and Romania accede to the conventions and protocols concluded between the Member States, listed in its Annex I.(2) In the period preceding the accession of Bulgaria and Romania to the European Union, the Member States have signed on 8 December 2004 a Convention on the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, to the Convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises[9] (hereafter "the Arbitration Convention").(3) It is appropriate to provide for the accession of Bulgaria and Romania to the Arbitration Convention as amended by the Convention of 8 December 2004. To that effect, that Convention should be added to Annex I of the Act of Accession of 2005,HAS DECIDED AS FOLLOWS:Article 1Annex I to the Act of Accession of 2005 is amended as follows:In point 2, the following indent is added:« - Convention of 8 December 2004 on the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the Convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprises (OJ C 160, 30.6.2005, p. 1). »Article 2This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union .Done at Brussels, […]For the CouncilThe President [1] OJ 21.6.2005, L 157, p. 203.[2] OJ C , , p. .[3] OJ C , , p. .[4] OJ L 225, 20. 8.1990, p.10.[5] OJ C 202, 16.7.1999, p. 1.[6] OJ C 26, 31.1.1996, p. 1.[7] OJ C 160, 30.6.2005, p. 1.[8] OJ C , , p. .[9] OJ L 225, 20. 8.1990, p. 10.


RECOMMENDATION FOR COUNCIL DECISION ( EEC ) CONCLUDING THE AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE PEOPLE' S DEMOCRATIC REPUBLIC OF ALGERIA CONCERNING THE IMPORT INTO THE COMMUNITY OF PRESERVED FRUIT SALADS ORIGINATING IN ALGERIA


COMMISSION OF THE EUROPEAN COMMUNITIES
                                 Brussels, 01.07.1998
                                 COM(1998) 412 final
                Recommendation for a
               COUNCIL DECISION
         concerning exchange rate matters
relating to the CFA franc and the Comorian franc
           (presented by the Commission)
 ---pagebreak---  ---pagebreak---       Recommendation for a Council Decision concerning exchange rate matters
                      relating to the CFA franc and the Comorian franc
                               EXPLANATORY MEMORANDUM
France has concluded several agreements concerning exchange rate matters with the
UEMOA (Union économique et monétaire ouest-africaine), the CEMAC (Communauté
économique et monétaire de l'Afrique Centrale) and with the Comores1.
The existence of a common currency in this area, which is a consequence of the
agreement of France and the CFA zone countries, is a major complement to the
Community's development policy. It is in line with its effort to enhance regional co-
operation and growth through deeper economic interdependency and solidarity, e.g. in
the UEMOA. As such, it increases the efficiency of the Community's significant support
for the participant countries, whether in the form of national indicative programmes,
structural adjustment support or regional funds.
The use of a common currency is of course a monetary matter. But, in this particular
case, it encompasses a true development dimension, through complementing the
Community's development strategy aiming at achieving growth, poverty alleviation and
integration in the world economy through regional integration.
As from 1 January 1999, the Community will have the exclusive competence for
monetary and exchange rate matters in the Member States adopting the euro. Any
agreement with third countries concerning monetary or foreign exchange rate matters
needs to reflect this allocation of competence. Therefore, the Community must decide on
the future of these agreements. For this purpose, the Commission is presenting a draft
Council Decision which allows France to maintain the present agreements concerning
exchange rate matters relating to the CFA franc (issued by the Banque Centrale des Etats
de l'Afrique de l'Ouest and the Banque des Ftals de l'Afrique Centrale) and the
Comorian franc (issued by the Banque Centrale des Comores).
    Convention de coopération monétaire du 23 novembre 1972 entre les Etats membres de la Banque des
    Etats de l'Afrique centrale (BEAC) et la République française, as amended; Convention de compte
    d'opérations du 13 mars 1973 entre le ministre de l'Economie et des Finances de la République
    Française et le Président du Conseil de l'administration de la Banque des Etats de l'Afrique Centrale,
     as amended; Accord de coopération du 4 décembre 1973 entre la République française et les
     Républiques membres de l'union monétaire ouest-africaine, as amended; Convention de compte
     d'opérations du 4 décembre 1973 entre le ministre de l'Economie et des Finances de la République
     Française et le Président du conseil des ministres de l'Union monétaire quest-africaine, as amended;
     Accord de coopération monétaire du 23 novembre 1979 entre la République française et la République
     fédérale islamique des Comores, as amended; Convention de compte d'opérations du 23 novembre
     1979 entre le ministre de l'Economie et des Finances de la République Française et le ministre des
     Finances, de l'Economie et du Plan de la République fédérale des Comores, as amended.
 ---pagebreak--- I. General considerations
Article 109 (3) of the Treaty stipulates that "By way of derogation from Article 228,
where agreements concerning monetary or foreign exchange regime matters need to be
negotiated by the Community with one or more States or international organizations, the
Council, acting by a qualified majority, on a recommendation from the Commission and
after consulting the ECB, shall decide the arrangements for the negotiations and for the
conclusion of such agreements."
The existing agreements between France and the UEMOA (Union économique et
monétaire ouest-africaine), the CEMAC (Communauté économique et monétaire de
l'Afrique Centrale) and with the Comores include a fixed parity of the CFA franc and the
Comorian franc against the French franc, for which the euro will be substituted as from 1
January 1999.
These agreements are unlikely to have any material effect on the conduct of the single
monetary and exchange rate policy of the euro area. The guarantee of convertibility for
the CFA franc and the Comorian franc is based on a budgetary commitment of the French
Treasury. Each of the central banks participating in the agreements (Banque Centrale des
 Etats de l'Afrique de l'Ouest, Banque des Etats de l'Afrique Centrale et Banque Centrale
des Comores) holds an operation account with the French treasury which provides, in
principle, an unlimited overdraft facility to the respective central bank. At the same time,
these central banks are obliged to hold a large part (in principle at least 65%) of their
 foreign assets in their operation account.
 The Banque de France which will be, as from 1 January 1999, an integral part of the
 European System of Central Banks has no obligation to guarantee the convertibility of
 the CFA franc and the Comorian franc. The continuation of the present agreements
 should therefore not stand in the way of a smooth functioning of EMU.
 II. Comments on the articles
 Article 1
 This article reflects the fact that the agreements between France and UEMOA (Union
 économique et monétaire ouest-africaine), CEMAC (Communauté économique et
 monétaire de l'Afrique Centrale) and the Comores concerning exchange rate matters fall
 in the competence of the Community as from the date of the introduction of the euro. The
 article provides that France may continue the present agreements.
 Article 2
 This article provides that France and the African signatories to the agreements shall keep
 the sole responsibility for the implementation of the agreements concluded between
 France and the UEMOA, the CEMAC and the Comores. The article does not address any
 modifications of such agreements.
 ---pagebreak--- Article 3
This article provides that France shall keep the Commission and the Economic and
Financial Committee informed on a regular basis about the implementation of the
agreements. The degree of regularity should be such, that any developments which might
have an impact on the smooth functioning of the single monetary and exchange rate
policy are reported in good time.
In case of changes of the parity between the French franc and the CFA and Comorian
francs, France has to inform in advance the Economic and Financial Committee.
Article 4
Article 4 and 5 set rules for any future changes of the agreements between France, the
UEMOA, CEMAC and the Comores. A distinction is drawn between changes which
modify the nature or scope of the agreements and those which do not. Article 4 deals with
the latter type of changes. In such cases, France may agree to changes after having
informed the Commission and the Economic and Financial Committee.
By delegating to France the competence to negotiate and to agree such changes to the
existing agreements, the Council makes use of its power to decide the arrangements for
the negotiation and for the conclusion of agreements concerning monetary or foreign
exchange regime matters.
Article 5
This article refers to possible future changes of the agreements between France, the
UEMOA, the CEMAC and the Comores which change the scope or nature of the present
agreements.
France is required to submit such plans to the Commission and the Economic and
Financial Committee. The Commission shall submit to the Council a recommendation for
a decision. In accordance with Article 109 (3), the ECB will be consulted before any
Council decision.
 All changes which go beyond technical changes and which constitute changes of the
 nature or scope of these agreements will therefore have to be approved by the Council.
 This applies to any modification of the composition of countries which are parties to the
 agreements, and to any modification of the principle of free convertibility at a fixed
 parity between the euro and the CFA and Comorian francs, which is guaranteed by a
 budgetary commitment of the French Treasury.
 ---pagebreak--- Article 6 and 7
This article ensures that the decision addressed to France will be applicable as from the
first day of the third stage of Economic and Monetary Union, i.e. as from 1 January 1999.
This is also the first day on which Article 109 (3) is applicable.
 ---pagebreak---                    Recommendation for a Council Decision [ ] of...
           concerning exchange rate matters relating to the CFA Franc
                               and the Comorian Franc
The Council of the European Union,
Having regard to the Treaty establishing the European Community, and in particular
Article 109 (3) thereof,
Having regard to the recommendation from the Commission,
Having regard to the opinion of the European Central Bank,
(1) Whereas according to Council regulation (EC) No 974/98 of 3 May 19981 the euro
     will be substituted as from 1 January 1999 for the currency of each participating
     Member State at the conversion rate;
(2) Whereas the Community will have the competence for monetary and exchange rate
     matters in the Member States adopting the euro as from the same date;
(3) Whereas the Council is to determine the appropriate arrangements for the negotiation
     and conclusion of agreements concerning monetary or foreign exchange regime
     matters;
(4) Whereas France has concluded several agreements with the UEMOA (Union
     économique et monétaire ouest-africaine), the CEMAC (Communauté économique
     et monétaire de l'Afrique Centrale) and with the Comores which are intended to
 1
   OJL 139, 11.5.1998, p.l
 ---pagebreak---      guarantee the convertibility of the CFA and Comorain francs into the French franc at
      a fixed parity2;
 (5) Whereas the euro will be substituted for the French franc on 1 January 1999;
(6) Whereas the convertibility of the CFA and Comorian francs is guaranteed by a
      budgetary commitment of the French authorities; whereas the French authorities
     have given the assurance that the agreements with the UEMOA, the CEMAC and
     with the Comores have no substantial financial implications for France;
(7) Whereas these agreements are unlikely to have any material effect on the monetary
     and exchange rate policy of the euro area; whereas in their present form and state of
     implementation these agreements therefore are unlikely to present any obstacle to a
     smooth functioning of Economic and Monetary Union;
(8) Whereas France and the African signatories to the agreements are willing to continue
     the present agreements after the substitution of the euro for the French franc;
     whereas it is appropriate that France may continue the present agreements after the
     substitution of the euro for the French franc and that France and the African
     signatories to the agreements implement them under their sole responsibility;
(9) Whereas it is necessary for the Community to be informed on a regular basis about
     the implementation and envisaged modifications of the agreements;
(10) Whereas it is necessary to involve the competent Community bodies before making
     any changes to the nature or scope of the present agreements; whereas this applies to
     the membership of the agreements and to the principle of free convertibility at a
     fixed parity between the euro and the CFA and Comorian francs, convertibility being
     guaranteed by a budgetary commitment of the French Treasury;
    Convention de coopération monétaire du 23 novembre 1972 entre les Etats membres de la Banque des
    Etats de l'Afrique centrale (BEAC) et la République française, as amended; Convention de compte
    d'opérations du 13 mars 1973 entre le ministre de l'Economie et des Finances de la République
    Française et le Président du Conseil de l'administration de la Banque des Etats de l'Afrique Centrale,
    as amended; Accord de coopération du 4 décembre 1973 entre la République française et les
    Républiques membres de l'union monétaire ouest-africaine, as amended, Contrition de ~OÎ. J.+*
    d'opérations du 4 décembre 1973 entre le ministre de l'Economie et des Finances dr T? Rt 7 '' h j t - -
    Française et le Président du conseil des ministres de l'Union monétaire que-,' ifi c'n*u ^ . .nr't
    Accord de coopération monétaire du 23 novembre 1979 entre la République fr .v ,<>< ^ e **
     fédérale islamique des Comores, as amended; Convention de compte d'opéntr -, .. . .           s (^T-u
     1979 entre le ministre de l'Economie et des Finances de la République Fjun v aiso t le 'ii " i »k
     Finances, de l'Economie et du Plan de la République fédérale des Comores, as amended
 ---pagebreak--- (11) Whereas Member States may conclude international agreements, without prejudice
     to Community competence and Community agreements as regards economic and
     monetary union,
HAS ADOPTED THIS DECISION:
                                        Article 1
Upon the substitution of the euro for the French franc, France may continue its present
agreements concerning exchange rate matters with the UEMOA (Union économique et
monétaire ouest-africaine), the CEMAC (Communauté économique et monétaire de
l'Afrique Centrale) and with the Comores.
                                        Article 2
France and the African signatories to the agreements shall keep the sole responsibility for
the implementation of these agreements.
                                        Article 3
The competent French authorities shall keep the Commission, the European Central Bank
and the Economic and Financial Committee informed on a regular basis about the
implementation of the agreements. The French authorities shall inform the Economic and
Financial Committee prior to changes of the parity between the euro and the CFA or
Comorian franc.
                                        Article 4
France may negotiate and conclude modifications to the present agreements to the extent
that the nature or scope of the agreements are not changed. It shall inform in advance the
Commission and the Economic and Financial Committee of such changes.
                                                3-
 ---pagebreak---                                          Àrticïc 5
Any plans to change the nature or scope of these agreements shall be submitted by France
to the Commission ant! the Economic and Financial Committee. Such plans require the
approval of the Council on the basis of a recommendation from the Commission and after
consultation of the European Central Bank.
                                        Article 6
This decision shall apply as from 1 January 1999.
                                        Article 7
This decision is addressed to France.
Done at Brussels,
                                                                    For the Council
                                                                    The President
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                            COM(98) 412 final
                                              DOCUMENTS
EN                                                                09 06    11
                                    Catalogue number : CB-CO-98-431-EN-C
                                                             ISBN 92-78-37877-1
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                                                                1


title: RECOMMENDATION FOR A COUNCIL DECISION AND DIRECTIVE setting the economic policy conditions in the context of the Community loans and medium-term financial assistance extented to the Republic of Italy (submitted by the Commission to the Council)

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 365
Vol. 1978/9026
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
règlement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---     - »
                                                                   COM(78)365 final.
                                                                  Bruxelles, le 20 .july
         COMMISSION
               DES
COMMUNAUTES EUROPEENNES
         Secrétariat général
                    RECOMMENDATION      FOR A COUNCIL DECISION AND DIRECTIVE
                         setting the economic policy conditions in the
                         context of the Community loans and medium-term
                                 financial assistance extented to the
                                           Republic of Italy
                             ( submitted by the Commission to the Council )
        COMI78 ) 365 final
 ---pagebreak---          Economic policy conditions fixed for 1978
   within the framework of the Community loans granted to Italy
                         Explanatory Memorandum
1» The medium-term financial assistance and the Community loans grante^Jsb
Italy were approved subject to economic policy conditions which , in accordance
with the rules governing use of this machinery , have been regularly adapted
each year. Article 1 of Council Decision 77/359/EEC of 17 May 1^77 laid down
the economic policy conditions to "be observed by the Italian^j^yublic during
1977 with a view to attaining the basic objectives referr^j^o in the third
recital of that Decision, Last year, these objectives •^fhich consisted in
eliminating during the course of the year the current account deficit and
in bringing down the rate of increase      in consumer prices to a year-on-year
increment      of 16fo by December 1977 - were a^J^ined in full. But most of the
"instrumental" ceilings referred to in Art^^ 1 of the Decision were exceeded:
the target for the Treasury borrowing r^^lrement by Lit 3 920 000 million; the
target for the borrowing requirement 6^ the Treasury plus that of the local
authorities by Lit 3 830 000 million ; the target for the borrowing requirement
of the enlarged public sector by Lit 4 550 000 million ; and the target for
total domestic credit expang^A by Lit 5 250 000 million. However , the growth
of total central governrao^^expenditure remained some Lit 1 250 000 million
below the ceiling sct^VJsnd the financing of the Treasury corrowing requirericnv
by the central bank actually fell by Lit 4 300 000 instead of growing within
the Lit 4 000 000 million limit set , the creation of liquidity in the economy
having been accounted for mainly by the balance of payments surplus .
        Tbrf^analysis of these results must take account of the fact that the
 conjun3$ural situation - both spontaneous trends in Italy and the external
 situation - has been substantially less dynamic than had been expected at the
 beginning of 1977 *
       This circumstance has encouraged a more moderate rise in prices and costs
 and a more balanced development of the external payments position , but has posed
 simultaneously problems for a stricter manipulation of budgetary and monetary
 instruments having regard to the unfavorable development of growth and employments
 Certain automatic dis equilibrating factors have at the same time played an impor
 tant role . The fact that the credit ceiling was exceeded in the fourth quarter -
 ---pagebreak---    of 1977 was almost entirely due to the braking of the budgetary norms , which was
   linked in part to the action of built-in factors which automatically inflated
   public expenditure# Coming towards the end of the year , however , this overshooting
   had only a slight effect on the general situation seen for' the year as a whole .
  2.      Under Article 3 of Council Decision 77/359/^(3 of 17 May 1977 1 the
  economic policy conditions for 1978 should have been adapted before the
  end of 1977 and supplementary conditions fixed at the same time. The Conif&ssion
  and the Monetary Committee held consultations for this purpose with the
  Italian authorities , in January and again in May 1978 * However , as the
  Committee stated in its report of 12 May 1978^1 political cir^^^tances
  prevented their conclusion before the end of the first half^j^ the year.
  The Commission and the Monetary Committee thus find then^Jjlves in the
  position of having to fix the economic policy conditions for 1978 at a
  time when more than half of the year has already elapsed .
           The guidelines proposed in this context by the Commission 's depart
  ments are based on the follow^g desiderata :
  a) to reduce as far as ^esible the inflation rate differential between
        Italy and the other industrialized countries $
  b) to. cur&Jxhe spontaneous growth of the public sector deficit during the
        comiiQj . months , while at the same time adjusting the pattern of expen
        diture so as to achieve control in the medium term over its excessive growth ;
 ^c) to slow down, accordingly,- the growth of the monetary aggregates , with the
^       particular aim of avoiding undesirable capital movements .
            Thus creating at the same time , favourable conditions for the renego
   tiation , in a spirit of moderation , of the main collective agreements .
                                                                             ./•
   ( l ) Doc. II/370/78 ( final ), paragraph 11.
 ---pagebreak--- 3.     The Commission has noted that for 197 « the Italian Government adopted ,
 in the "budgetary and credit field , measures which were as restrictive as
the economic and political context in Italy allowed , and it proposes con
sequently that the following objectives should he taken as conditions :          A.
1978
Basic objectives
– a surplus of at least Lit 3 000 000 million on the current ba^nce of
   payments ;                                      (
- aofgrowth   rate of less than 14$ in consumer prices bet^^the
       1977 and the fourth quarter of 1978*              ^
                                                                    fourth quarter
Inst rumental objectives
- limiting current expenditure of public adrnjasSstration to Lit . 90 500 000 million
- limiting the overall deficit of the cwlic sector ( Treasury , local autho
   rities , sickness insurance , MEL) t^Li't#. 31 500.000 million end the Treasury
  déficit to Lit .   28 000 OOQ Million :
– limiting the growth in tota^ lending, as defined in Article 6(l) of Direc
   tive 74/637/ESC, to Lit <4^000 000 million!
– limiting the overal^jreation of monetary base ( excluding postal deposits )
   to Lit . 7 500 000 million ;
– adjusting the sliding wage-scale system so as to reduce its impact on
   wage and s^Aary costs and on public finance.
                                                                            /•
 ---pagebreak--- 4*   A concerted, recovery "by the European economies should permit the
Italian authorities to apply , all the more easily , a policy designed to
restore to equilibrium the major economic aggregates "by the impulses
which it would give to economic activity in Italy.
5. Taking account of the above and having consulted the Monei^y Committee ,
the Commission recommends , in the attached draft Decision and^&rective , the
adjustment for 197^            of the economic policy cond^^ns provided for
in Decision 77/359/SEC and Directive 77/36 O/EEC of 17      1977 »
 ---pagebreak---                               COUNCIL DECISION
           adapting Council Decision 77/ 359/ EEC of 17 Kay 1977'
                fixing the economic policy conditions to toe
                        observed by the Italian Republic
  THE COUNCIL CP THE EUROPEAN COMMUNITIES
  having regard to the Treaty establishing the European Economic ^jommunity,
  having regard to Council Regulation 75/397 /EEC of 17 Pebr\^y 1975 concerning
  Community loans ( l ), and in particular Article 3 thereq&^
  having regard to Co\mcil Decision 77/359/ EEC of 17 Kay 1977 fixing the economic
  policy conditions to be observed by the Italia^Republic ( 2), and in particular
  Article 3 thereof ,
  having regard to the proposal submitt^*by the Commission which has for this
  purpose consulted the Monetary Committee ,
  whereas by Decision 77/359/^^'the Council fixed the economic policy conditions
  to be observed during 1973$^
  whereas it is appropriate to fix the conditions to be observed for the subsequent
  years of duration of the loans granted to the Italian Republic by Decisions
  76/322/EEC (^and 77/36l/EEC (4);
  whereas^t*le development of the economic situation in Italy must permit the
  attainment , during 1978 , .                 , of the objective of a current balance
  of payments surplus of Lit       3 000 000 million , an increase in consumer prices
  of less than 14 $ between the fourth quarter of 1977 and the fourth quarter
       - –
" of 1978;
  ( 1 ) OJ No . L 46 , 20.2.1975 , P. 1 .
  ( 2 ) OJ No . L 132 , 27.5.1977 , p. 34.
  ( 3 ) OJ No . L 77 , 24.3.1976 , p. 12 .
  ( 4 ) OJ No . L 132 , 27.5.1977 , P. 37 .
 ---pagebreak---                                    - 2 -
whereas for this purpose it is appropriate to fix the economic policy
conditions to "be observed during the remainder of 1978 ; whereas the
economic policy conditions to be observed in 1979 will be fixed in the
coming autumn ;
whereas the Italian authorities have declared that they will not , unilaterally ,
take any measure of a commercial or financial natiire to restrict imports or
subsidize exports ;                                             <>0*
HAS ADOPTED THIS DECISION :
                                 Article 1
The following economic policy conditions sh^S^be observed by the Italian
Republic during the 1978 calendar year :
a) current expenditure of public adminigC&ation in cash terms must be limited to
    Lit . 90 500 000 million ;
 b) the overall deficit of the public sector ( Treasury , local authorities ,
    social security , ENEL) taking into account the financial assistance given
    directly to entities outside the public sector , must not exceed Lii; 31 500 000
    million , "that is about    l/2$ of gross domestic product , Lit . 28 000 000
     million of which fon$$&e transactions of the Treasury and local authorities as
     a whole ;
 c) the growth in total* lending, as defined in Article 6 ( l ) of Directive
    74/637/EEC ( l ), must not exceed Lit»46 000 000  million ;
 d) total mcxjS^ary-base creation (excluding postal deposits ) must not exceed
    Lit. ;^80 000 million;
 e) the^liding salary scale system should be modified so as to reduce its
    effect on labour costs and the overall deficit of the public sector.
 ---pagebreak---                                   Article 2
a) Before the end of October 1973 ! intermediate quarterly                      J
    objectives                shall be established by agreement between the
   Italian authorities and the Commission in relation to the measures laiAV*
   down in Articles 1        , except for that set out in ( e);             ^
b) Before the end of 1978 , the Council , on the recommendation of. the Commission ,
 ' shall adapt , for 1979» the conditions contained in Articl^ii
                                  Article 3
This Decision shall adapt Decision 77/ 359/ 230,
                                  Article 4
This Decision is addressed to the Itali^^"Republic»
Done at Brussels ,                                            ^or "®'"e Council
                         .<&                                    The President
 ---pagebreak---                                     COUNCIL DIRECTIVE
                    adapting the conditions laid down for the grant of
                 medium-terra financial assistance to the Italian Republic
      THE COUNCIL CP THE EUROPEAN COMMUNITIES ,
      4
      having regard to the Treaty establishing the European Economic Community ,
      and in particular Article 108 ( 2 ) thereof ,
      having regard to Council Directive 74/637/EEC of 17 Decem"bei^<$74 granting
      medium-term financial assistance to the Italian Republic
      having regard to Council Directive 77/36o/EEC of 17 May 1977 adapting the
      conditions laid down for the grant of medium-term financial assistance to
      the Italian Republic ( 2 ),                       .<&
      having regard to the recommendation subij^pted by the Commission, after
      consulting the Monetary Committee ,
      whereas Decision 78/       /EEC ( 3) of               , laid dovm for 197^
      the economic policy conditic^^'to be observed by the Italian Republic for the
      Community   loans
      77/361/SSC (5);
                         granted^
                                  ^Sj^his  Member State by  Decisions 76/322/ESC (4) and
      whereas these conditions fulfil the requirements of Counoil Decision 7l/l43/EEC
      of 22 March J$?l setting up machinery for medium-term financial assistance (6 )
      as last amdjifefed by Decision 75/785/EEC (7 )
       (1 ) 0J No.L 341 , 20.12.1974, P. 51.
      ( 2 ) 0J No.L 132 , 27 . 5.1977 , P. 36 .
,<$5" ( 3)  See page of this Official Journal.
^ (4)       OJ No.L 77 , 24. 3.1976 , p. 12.
      (5)   OJ No.L 132 , 27 . 5.1977 , p. 37 .
      ( 6 ) OJ No.L 73 , 27 . 3.I97I , P. 15 .
      ( 7 ) OJ No.L 330, 24.12.1975 , P. 50.
 ---pagebreak---                                   - 2 -
HAS ADOFTED THIS DIRECTIVE :
                                Article 1
The economic policy conditions laid down in Directive 77 / 36o/EEC shall <.v
be replaced , for 1978 , by the conditions laid down in Decision 78/ / EECo
                                Article 2
                                                              <#
                                                             vgy
This Directive is   addressed to Member States ,        ^
                                           #
Done at Brussels ,                      x
                                                        For the Council
                                                         The President


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

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (74) 1709
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)1709 final
                                                        Brussels , 21 October 1974
                                RECOMMENDATION FOR A
                                  COUNCIL DECISION"
          on the conclusion of an agreement "between the European Economic
           Community and the Republic of the Philippines on the supply of
                                 cereals as food aid
                   ( submitted to the Council "by the Commission)
COM(74) 1709 final
 ---pagebreak---  THE COUNCIL OP THE EUROPEAN COMMUNITIES,
 Having regard, to the Treaty' establishing the European Economic Community,
 and in particular Articles 113 , 114 and. 228 , thereof ;
 Having regard to the Recommendation from the Commission ;
 Whereas the European Economic Community has concluded the second Convention
 relating to food aid^^*,                                                   ^    "
 Whereas the Republic of the Philippines , by its letter of 00 August 1973
 has requested food aid ;
 Whereas in view of the cereal supply situation in the .Philippines , that country
 should be accorded , by way of gift , 5 000.. tonnes of oereals* in the form of
 3 311 tonnes of flour of soft wheat under the Community Food Aid Programme for
 1973/74 J
 DECIDES :
                                 Article 1
 On behalf of the European Economic Community an Agreement , the text whereof
 is annexed hereto , shall be concluded between the European Economic Community
 and the Republic of the Philippines on the supply of flour of soft wheat as
 food aid .
                               . Article 2
 The President of the Council is hereby authorized to designate those who
 are to sign the Agreement ^nd to confer on them the requisite powers to
 bind the Community .?1
                     i                                                        ^
 Done at Brussels ,                 19                                    '
        I    .
      i               | ;                            For the Council
        •       ■'    ¥ '                             *'            ■
                                                                  S
        .                                             The President
( 13 JiOu L 219 du 9.8.74 , p. 19
 ---pagebreak---               AGREEMENT
BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
AND THE    REPUBLIC OP THE PHILIPPINE^ . ON
THE SUPPLY OP FOOD AID IN THE FORM OF
CEREALS .
 ---pagebreak---   THE COUNCIL OF THE EUROPEAN COI-MUNITIES ,
                         ,                   of the one partj •
                                                                 %
  THE GOVERNMENT OF THE REPUBLIC   OF THE PHILIPPINES
                                             of the other part ,
  HAVE DECIDED to conclude this Agreement and. to this end have
  designate , as their plenipotentiaries :
  THE COUNCIL OF THE EUROPEAN COMMUNITIES
o
  THE GOVERNEMENT OF THE REPUBLIC OF THE PHILIPPINES :
  WHO HAVE AGREED AS FOLLOWS :
 ---pagebreak---                             ARTICLE   I
  The European Economic Community shall supply by way of gift to the Republic
  the Philippines ■    (hereafter referred, to as "the recipient country ") ai
  quantity of 500O .tonnes .of cereals in the form of 3 -.311 tonne s of flour of
  soft wheat under the Community's food aid programme in cereals for 1973/74*
                            ARTICLE   II
  Deliveries will be made in new :catton saoks with a net weight of 50 kg. each,
  fob in accordance with the details laid down in the Annex which forms an
  integral part of the present Agreement .
                            ARTICLE   III
  The recipient country undertakes to make all necessary arrangements for the
  transport and insurance of the products from point of delivery to places
  of destination .
  It undertakes to  exercise the greatest care to ensure that the tendering
  arrangements for  sea transport do not prejudice the free play of fair
  competition . Any problems arising in this connection shall be the subject
  of' consultations under Article VIII of the present Agreement .
                            ARTICLE   IV
. The recipient country undertakes to use the product received as aid for
  purposes of consumption and to apply , for the sale of the product on its
  market , the prices normally charged on that market for products of
  comparable quality . The proceeds from this sale shall be paid into ar
  special account with the Central Bank and allocated to the^ financing of
  one or more development projects under arrangements which have been
  agreed in advance between the recipient country - and the European Economic
  Community .
 ---pagebreak---                                 ARTICLE  V
The Contracting Parties undertake to implement this Agreement in such a way
as to avoid any pre judice to the normal structure of national production
and international trade . To this end they shall take any measures required
 to ensure that supplies as aid are in addition to and do not replace business
transactions which might reasonably be expected in the absence of such supplies .
In particular f the recipient country undertakes to import commercially from
whatever source between 1 July 1974 and 30 June 1975 a minimum quanity of
615500 tonnes of "          ..'soft wheat or its equivalent in flour of soft wheat .
                                ARTICLE  VI
The recipient country shall take all steps required to prevent :
( i ) the re-export of the product received as aid and also of any products
         and by-products resulting therefrom ;
( ii ) the export , commercially or otherwise , within a period of six months
         commencing from the final delivery , either of any product procured
         locally of the same nature as that used to produce the flour received
         as aid , or of any products and by-products resulting therefrom .
                               ARTICLE   VII
The recipient country undertakes to inform the European Economic Community
of how this Agreement is implemented . To this end it shall provide the
Commission of the European Communities with the following details : •
    ( i ) Immediately after the unloading of each cargo : ports and dates of
          arrival of vessel ; nature , quantity and any observations as to the
          quality of the products unloaded ; date on which unloading was
          completed ; costs of sea transport and of insurance relating thereto ;
  ( ii ) Every' three months until the .quantities received as ^id have been
          fully used : quantities sold ; manner of -sales actual selling prices ;
                                                                   (
          normal selling costs on the recipient country 's market ; costs of
          insurance ( and of transport if applicable ) from the port of unloading
          to the places of destination ;                                   .  ..
 ---pagebreak---                         General provisions
                            Article
                            ______
                                     1                   ■ . .   „   ■
Delivery shall "be effected and risks shall pass form the European Economic
Community , hereinafter referred to as the EEC , to the recipient country at
the moment at which the goods are put down at the point of exportation
named by the Commission of the European Communities at the berth specified
by the recipient country or its agent referred to in Article 3 and under the
terms specified in the following articles . Without prejudice to Articles 7 and.
8 the EEC shall bear all costs up to delivery and the recipient country those
beyond delivery .
                            Article  2
On delivery a tolerance of 5 % less than the quantity of the product to be
supplied in accordance with article I of the Agreement shall be admissible .
                            Article  3
The EEC shall appoint an agent to implement the provisions of the present
Annex - or for each consignment - whose name and address it shall make
known to the recipient country immediately following his appointment .
The recipient country shall appoint an agent in the port or ports of ship
ment , whose name and address it shall make known to the . EEC with all
despatch and if possible before the appointmen t of agent of the EEC .
                                                     »
                            Article  4                 .
Before implementing the procedures for appointing the agent of the EEC
referred to in Article 3 » the Commission of the European Communities and
tho recipient country shall jointly establish the period during whiph
delivery must begin .           "                              •       '
                                                               *
                                                               ι
                                                                 \ .
              Obligations of the European Economic Community '
                                                   *
                            Article  5
Should the EEC not be in a position to carry out delivery on the date and
( if applicable ) on the schedule as provided in Article 7 » all costs
arising for the recipient country - for example demurrage void freight
and dead freight - shall be borne by the EEC .
 ---pagebreak--- ( iii ) On 15 January every year until the special account has "been fully
        expended. :
        a ) Summary of the account ( incomings and outgoings ) to 31 December
            of the previous year ;
        b ) Stage of progress of the project or projects , indicating the
            total resources expended to that stage .
                              ARTICLE   VIII
The Contracting Parties shall at the request of either consult each other
on any questions concerning the implementation of this Agreement .
                              ARTICLE   IX
This Agreement is drawn up in duplicate in the Danish , Dutch , English ,
French , German and Italian languages , each of these texts having equal force .
 ---pagebreak---  The charges and the arrangements relating to demurrage laid down in tha
 contract between the recipient country and the carrier must have been
 agreed in advance by the recipient country and the agent of the EEC .
 The other costs referred to in the first paragraph shall only be refunded
 by the EEC if they have been paid by the recipient country with the approval
 of the EEC •            .                                               •
                                Article   6
 Should it prove impossible for the EEC to supply all or part of the goods
 on the date and within the time-limits provided for in Article ^ and without
 prejudice to the provisions of Article 5 » a new date and a new time-limit
 shall be agreed between the agents of the EEC and of the recipient country
 for the delivery of all the goods or of. the undelivered part thereof .
                    Obligations of the recipient country
                                Article   7
 After contacting the EEC , the recipient country shall procure one or more
 vessels to transport all the quantities provided for in Article 1 of the
 Agreement , of dimensions corresponding to the normal capacity of the port of
 shipment } these vessels must be ready for loading on a date falling within
 the period referred to in Article 4 •
                                                                      I
The agent of the recipient country shall inform the EEC of this date
 immedately on learning it , and also that for commencement of delivery ,
 if possible twenty days in advance and in any case ten days before the date
"for commencement of delivery .                            "
He shall establish with the agent of the EEC the schedule to which delivery
 shall take place .
               i                        m
                                Article   8                   1
                                ~                             è
 Should the recipient country be unable . to begin loading on the* date provided
 for in Article 7i paragraph 1 , the agent of the recipient country shall
 inform the agent of the EEC without delay .
 ---pagebreak---   In this event a new date for the commencement of delivery and ( if applicable )
  a new schedule could "be agreed between the agents of the EEC and of the
  recipient country . The costs arising from this delay shall in all cases
                                                          • 1 • •
  except force majeure be "borne "by the recipient country .
                                                                    "   »
  Should the new date provided for . in paragraph 2 be more than $0 clear days
  after the date for loading provided for in Article 7i paragraph 1 , .the EEC
  may dispose of the goods without prejudice to its commitment under Article 1
  of this Agreement .
                                    Article   9
  If the quantity made available for loading on a vessel cannot "be put on
  board in its entirety , the recipient country shall inform the EEC as 60on
  as possible and no later than fifteen clear days after loading has been
  completed whether it intends to accept or to renounce the balance .
  In* the former case the provisions of Article ti , paragraphs 2 and 3 » shall
  apply to the balance , if delivery has not yet taken place .
  In the latter case the EEC may consider that it has discharged its commitment
  to the recipient country under Article 1 of this Agreement and shall bear
  the costs resulting from such renunciation .
  In any event after the expiry of an interval .of fifteen clear days and in
  the absence of any notice on the part of the recipient country , the renun
  ciation shall be deemed to have taken place .
                                                                      <
                                    Article   10
  Upon delivery of the goods , the recipient country shall hand to the
• agent of the EEC a certificate of acceptance stating the port of shipment ,
                      »                     •
  date of acceptance , the nature and quantity of* the goods accepted and "-,
  including any comments on the quality* of the goods .


               EUROPEAN COMMISSION
            Brussels, 18.2.2016
            COM(2016) 66 final
            Recommendation for a
            COUNCIL DECISION
            approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States and Turkmenistan to take account of the accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Croatia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic to the European Union

               EXPLANATORY MEMORANDUM

               The attached proposal constitutes the legal instrument for the Recommendation for a Council Decision approving the conclusion of the Protocol, by the European Commission, on behalf of the European Atomic Energy Community, to the Partnership and Cooperation Agreement between the European Communities and their Member States and Turkmenistan to take account of the accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Croatia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic to the European Union to the European Union

               (i)Recommendation for a Council Decision approving the conclusion of the Protocol, by the European Commission, on behalf of the European Atomic Energy Community.

               This proposal is presented jointly with a:

               (ii)Proposal for a Council Decision on the signature of the Protocol on behalf of the European Union and its Member States;

               (iii)Proposal for a Council Decision on the conclusion of the Protocol on behalf of the European Union and its Member States;

               According to the Acts of Accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Croatia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic to the European Union, the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Croatia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic are to accede to international agreements signed or concluded by the European Union and its Member States by means of a protocol to those agreements.

               The Partnership and Cooperation Agreement between the European Communities and its Member States, of the one part, and Turkmenistan, of the other part, hereinafter referred to as 'the Agreement', was signed in Brussels on 25 May 1998 (the Agreement is currently undergoing ratification and has not yet entered into force).

               The proposed Protocol incorporates the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Croatia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic as contracting parties to the Agreement and commits the EU to providing the authentic version of the Agreement in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Italian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages.

               The Commission has judged the results of the negotiations to be satisfactory and requests the Council to adopt a Council Decision approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States and Turkmenistan to take account of the accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Croatia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic to the European Union.

               Recommendation for a

               COUNCIL DECISION

               approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States and Turkmenistan to take account of the accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Croatia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic to the European Union

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,

               Having regard to the recommendation from the European Commission,

               Whereas:

               (1)In accordance with Article 6(2) of the 2003 Act of Accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic, Article 6(2) of the 2005 Act of Accession of the Republic of Bulgaria and Romania, Article 6(2) of the 2011 Act of Accession of the Republic of Croatia, the accession to the Partnership and Cooperation Agreement between the European Communities and its Member States, of the one part, and Turkmenistan, of the other part ('the Agreement') is to be agreed by means of a protocol to the Agreement. In accordance with Article 6(2) of the 2003, 2005 and 2011 Acts of Accession, a simplified procedure is to apply to such accessions, whereby a protocol is to be concluded by the Council, acting unanimously on behalf of the Member States, and by the third countries concerned.

               (2)On 8 December 2003, the Council authorised the Commission, on behalf of the Community and its Member States, to negotiate with Turkmenistan a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Turkmenistan, of the other part to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union.

               (3)On 23 October 2006, the Council authorised the Commission, on behalf of the Community and its Member States, to negotiate with Turkmenistan a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and Turkmenistan, of the other part to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

               (4)On 14 September 2012, the Council authorised the Commission to open negotiations with the third countries concerned
                  1
                on the adaptation of agreements signed or concluded between the European Union, or the European Union and its Member States, in view of the accession of the Republic of Croatia to the European Union.

               (5)The conclusion, by the Commission, of the Protocol should be approved as regards matters falling within the competence of the European Atomic Energy Community.

               (4)The signature and conclusion of the Protocol are subject to a separate procedure as regards matters falling within the competence of the Union and its ,

               HAS ADOPTED THIS DECISION:

               Sole Article

               The conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States and Turkmenistan to take account of the accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Croatia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic to the European Union, is hereby approved.

               The text of the Protocol is attached to the Decision on its signature.

               Done at Brussels,

                     For the Council

                     The President

                     (1)
                  Council Decision authorising the opening of negotiations for the adaptation of agreements signed or concluded between the European Union, or the European Union and its Member States, with one or more third countries or international organisations, in view of the accession of the Republic of Croatia to the European Union (Council doc. 13351/12 LIMITED)


title: COMMUNICATION OF THE COMMISSION TO THE COUNCIL CONCERNING THE COMMUNITY'S RELATIONS WITH NORWAY#Draft Recommendation for a Council Decision concerning the opening of negotiations with Norway#Draft Decision of the Representatives of the Governments of the ECSC Member States, meeting within the Council, concerning the opening of negotiations with Norway

text:
ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (72) 1607
Vol. 1972/0225
 ---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---              . t .* .
                                                                                COM(72)1607 final
                                                                                I< ■                     XX December
                                                                                C ■*■ r f 1 1 8 ? M a l
       .1 .   ' A
U j 'l(i ' T i
                      /•"
                        \
                          ■     y-f
                                ί -4·/  -·Λ  ^ »■>«
                                                                                ?a               ,:l C«::C
                                                                                ■1 il-          /ï
                                          n  'tt«                ■ n --jr »     .v • .»     r - >: - -»?        •        *- 'yr. -.7
                            C ? TÛ tf* x.w:.r       '     ^  t,   t;   0 ?" ty          Xfj ■ k-li .- w'iif ?i 1              ^
                                                     "* I v  7 . ""         : 'T .      ;                               ; ί·:
                                                             r     '" \ ;     ->            • -
                                                                                j ^
                                                                                •   - ■ v*  -••
                                                                                , ur
                                                                                : » Tf '. TT v.vyrv
                                 V -* ■ 1 ->
                                                           \ r,               :? '              1 ,
                                                                                yr- /-*       ' 7.T1.          ! .•      xi i v.
 ---pagebreak---         THS COMMUNITY'S RELATIONS
                 WITH NORiVAY
( Communication of the Commission to the Council )
 ---pagebreak--- 1.     Following the Norwegian request of 25 October 1972 for the
opening of negotiations with the Community . with a .view to concluding
an agreement between it and Norway , the Council , at its meeting of
6 November last , invited the Commission to conduct exploratory talks
as had been requested by the Norwegian Government .
       These talks took place on several occasions during November and
were essentially devoted to the explanations and clarifications
provided by the Commission as to the scope and raison d'etre of the
various provisions in the agreements concluded with the other
non-acceding EFTA countries . At the end of the talks , the Norwegian
Government informed the Community in the Memorandum it submitted on
k December of its wishes as regards the contents of the agreement it
aimed at negotiating with the Community .                 ;'
2.     In its Memorandum the Norwegian Government confirmed that the
agreements signed with the other non-acceding EFTA States on
22 July of this year constituted a reasonable basis for an agreement
with the Community . The Commission feels that this being so the
negotiations could begin in the very near future , with the preparatory
work at Community level being limited to those aspects which are ;
particular to the agreement envisaged with Norway .
       The Norwegian Government also set out in its Memorandum "certain
wishes as regards departures from the pattern of the agreements iwith the
other EFTA States .   For the most part they concern fishery^ products ,
industrial products subject to special arrangements and matters bf
sea transport .                               '   '•
 ---pagebreak---               M  Industrial products subject to special arrangements
3.      As regards the most important products subject in the agreements
with the other EFTA States to special arrangements , the Norwegian
Government analyzed the economic and business situation in the
industries concerned . It went on to request that exceptions to the
normal timetable for tariff reductions be limited as far as possible
in view of the considerable effect that such exceptions are likely to
have owing to the composition of Norwegian exports .
        It. may be noted in this respect that the economic problems
raised in this field are similar to those the Community faced with the
other 2FTA countries . It does not therefore appear that the list
of products subject to special transitional arrangements when
imported into the Community should differ substantially from the list
appearing in the Protocols on sensitive products in the agreements
concluded with countries having a comparable economic structure , -
        This list covered the following products , if those products ,
are omitted for which Norwegian exports are negligible or nil : staple
fibre , paper and paperboard , ferro-alloys , special steels , lead ,
zinc , aluminium , rare metals ; it accounted for about 3G/° of the
Community 's imports from Norway.^- </hen this percentage is considered ,
it .must also be borne in mind that subject to the optional re
introduction of custows duties where indicative ceilings are exceeded ,
on most of the products exported from Norway the acceding States will
not be increasing customs duties .
                                                         * • •/ « • •
 Calculated on the basis of the average for imports from 19&9
 1971 .
 ---pagebreak---                                            1
                                         3 -
          Two products call Jbr special attention :
   (i)    Unwrought aluminium
          Norway xs one of the Community 's main suppliers oF this product .
       When concluding the agreements with the other non-applicant iSS'TA
       countries , the Community had based the tariff arrangements applicable
       to aluminium on the assumption that Norway would accede to the
       Community , hence full integration of Norwegian production in the
       Community 's production over a four and a half year transitional
       period . Now integration will not take place . It would therefore
       seem sufficient to apply to Norway the same seven year tariff
       dismantlement arrangements as have been adopted for aluminium
       originating in the other non-acceding SFTA countries .
          Under these circumstances , measures designed to impose
       quantitative guidelines on the basis of the principles already
       negotiated with the other SFTA countries should.be applied to
       imports of aluminium originating in Norway .
 ( ii)    Silicon carbide (CCT heading No . 2è.56A)
          This product is manufactured in. Norway mostly for export ... ...
       purposes and benefits from extremely low production costs due to
       the presence of cheap sources of electric power . It would therefore
       seem desirable to allow Community enterprises manufacturing this
       product a longer period of adaptation than' the '*noi1mal"'transitional
       period and to institute special measures imposing guidelines
       for imports . Silicon carbide should therefore be made subject to
       the seven year arrangements with the possibility of introducing
       indicative ceilings .      '
        With the inclusion of this product , the percentage of products
-   ~   subject to special ' arrangements up'on import into the Community
        would increase by less than 1$ ,
 ---pagebreak---                                           - U -
             The Norwegian Memorandum also pointed out that products subject
     to special transitional arrangements in the other JSFTA agreements would
     cover , where Norway is concerned , a very large 'proportion of its
     exports to the Community . This percentage is in fact only exceeded
     by Finland .
             In this respect , the Commission feels that , as was done for
     the other EFTA countries , any requests made by Norway for the
     introduction of special transitional arrangements for certain products
     of its industry should be considered at the proper time on their own
     economic merits .
     Farming and fishery products in particular
     4.      The pattern adopted by the Community for the agreements with
     the non-acceding JSFTA States was the progressive attainment of a free
     trade area covering industrial products . In the cases of Austria ,
     Finland , Switzerland and Sweden , it covers the bulk of trade in accord
     ance with Article XXIV of the GATT , as may be seen in the Table
     below , which indicates the approximate percentage of products not
     covered .    Although for Norway this percentage is substantially
     higher than that for the other four countries , it does not affect.,
     conformity with GA^T criteria .
        ohare o.f agricultural products in the enlarged Community 's trade
        with the non-acceding iiiFTA States ( Basis t value of imports for
        average, of 1968-70 )
                       Austria Finland Iceland  Norway Portugal  oweden owitzerland
uommunityis iaports
from each country       6.9      2.9    68.9     11.4     22.6    3.5       4.9
Imports into , each
country from the
Com ''.unity          ' 7.1      5.3    21.7      5.8      2.7    4.7      10.2
"rade in both
directions              7.0      4.0    40.4      8.4      9.8    4.1       8.2
 ---pagebreak---             Only in the cases of Iceland and Finland did provision have to
be made for concessions by the Community for certain agricultural
products in order to obtain a cover which corresponded to GATT
requirements .                  .
            Norway 's case may not therefore be assimilated to that of the
above two countries . Its exports not covered by industrial free
trade mostly concern the fishing industry . As regards fresh fish and
preserved fish , the Comaunity' s internal suppliers are already
incapable of meeting demand , which furthermore continues to expand
rapidly . The incidence of the customs duties to be reintroduced
progressively by the acceding countries in accordance with the .
timetable laid down by the Treaty of Accession might not under these
circumstances have a decisive influence on the trend of trade ; any
difficulties could be examined by the Joint Committee
imder the provision in the agreements for agricultural questions .
            Further , the customs duty indicated in the CCT for fish meal
is only 2% and for most crude fats and oils of marine manraals the duty
is zero .      The inclusion of these products would not therefore be of any
real economic significance . .
      ■ * ,     ·'·    .:          ."··  «·
        ■ These various points may lead the Community to consider , as
it did for the other non-acceding 5FTA countries in circumstances
similar to'Morway 's , that it does not appear advisable to go beyond
the framework limited to industrial products which was adopted by the
Community in the agreements in question , despite the pressing requests
formulated by certain partners in respect of one or other of their product
which until now had a big market for example in the United Kingdom .
 ---pagebreak--- 5*      Stressing in its Memorandum the importance for its country of
fishing , the Norwegian Government pointed to the special significance
of this industry for its northern regions and to the fact that the
situation in those regions is not very different from that in . Iceland ,
a country which has obtained concessions from the Community for its
fishery products ,
        Without in any way wishing to contest these regional features
( which had been duly taken - into account during the membership
negotiations), the Commission must nonetheless make the point that the
agreements with the non-acceding EFT A. States are limited to trade
questions .
        '.That is more , the concessions made to Iceland were tied up with
the problem of fishing rights . Similarly , this problem of fishing
rights was taken into consideration^" with a view to achieving free
trade , in accordance with the Stockholm Convention , for quick frozen
fish fillets .
        In this respect , it might be useful to ascertain during the
negotiations how the Norwegian Government views the question of fishing
limits in its future relations with the Community in connection with
its requests in the fishing sector , for the Norwegian Memorandum of
k December makes no reference to this question , the importance of
which must not be underestimated if at a later stage the Council
should wish to examine the Norwegian requests in greater detail .
On the basis of the information so obtained , the Commission 'could if'
necessary make further points with regard to the elements of the
agreement as a whole .
                                                        • • •/ • • •
 "During the negotiations on the Stockholm Convention , it was
  understood , in addition to a quantitative limitation by the United
  Kingdom , that free trade would be ended , barring a unanimous vote by
  the Council , should the conditions of competition in the fishing
  industry be changed fundamentally .
  when Iceland acceded to the Convention in 1970 , it was agreed to
  widen the quantitative limit on access to the United Kingdom by
  adding to it a system of minimum export prices .
 ---pagebreak---         faea transport
6.      Of the other points raised in the Norwegian Memorandum , only
the problem of     sea    transport requires a special position to be
adopted . The Member States have for a long time been taking part
in the work carried out in this field in the various international
organizations , in particular in the O.HEC , and later in the OJSCD .
The Community as such has not yet worked out a common policy to deal
with these problems , and it is not excluded that the situation will
change as a result of enlargement *
        The position adopted by the Community as regards the other
EFTA partners on questions of the same kind has led it to refuse any
treaty commitment involving an obligation to hold- consultations of
this kind at a later date .                 ■  * ■?•
        This in no way excludes the possibility in the future , however ,
where circumstances make it desirable , of holding continuing contacts
with the Norwegian Government on questions of common interest in this
field . Contacts of this kind might well prove to be useful and
desirable . The same considerations might also apply to other problems ,
such as petroleum .                                                   -
        The Commission intends to bring the above points to the notice
of the Norwegian Delegation during the negotiations .
        It is obvious that a possible future application of the
" evolutionary clause " would not in any way be affected .
 ---pagebreak--- 7.      The Council , and the representatives of the iCCSC Member States
meeting within the Council , will find annexed to this Communicatioh
the proposals for decisions on the opening of negotiations with
Norway . The proposals include in annex the guidelines on the basis
of which these negotiations should be c'nducted . These stem partly
from the general principles in the original guidelines for the'
negotiations with the other non-acceding iSi'TA States ( Internal Council
Document No . 697 of 9 November 1971 ) and from the elements which are
conmon to the agreements signed or' initialled on 22 July 1972 with
the countries having an economic structure similar to that of Norway .
        In order to take into account the wish expressed by the Norwegian
Government that tariff reductions begin on 1 April 1973 » it would
appear to be highly desirable for the Council to deliberate on the
annexed draft decisions as soon as possible .
 ---pagebreak---          Draft
     jRecommendation
  for a Council Décision
concerning the opening of
 negotiations with Norway
 ---pagebreak--- THE COUNCIL OF THii SJHOPEAIm COMMUNITIES ,
Having regard to Article 113 of the Treaty establishing the EEC ,
Having regard to the Recommendation of the Commission ,
            !
Whereas the Government of the Kingdom of Norway lodged a request on
25 October 1972 ;
HA3 DECIDED A.o FOLLOJS :
                               S CLE AKTICLE
The Commission is authorized to open negotiations with a view to
concluding an agreement between the EEC and Norway .
It shall conduct these negotiations in accordance with the annexed
guidelines , subject to any subsequent guidelines , with the assistance
of the Special Committee on Article 113 »
 ---pagebreak---                                                                   ANNEX
        The general principles of the Agreement will be those appearing
on pages 1 to M of Internal Document No . 697 of 9 November 1971 •
        The Agreement will cover products of Chapters 25 to 99 ®f the
Brussels Nomenclature , except products of those chapters' listed in
Annex II to the Treaty and products of Chapters 1 to 2b listed in
Table I ®f the Annex to Protocol No . 2 of the Agreements signed by the
Cemmunity on 22 July 1972 .
        The provisions ©f the Agreement shall in principle be the same as
those in the agreements of 22 July 1972 . with Sweden , Switzerland ,
Austria and Finland .
        As regards spécial import arrangements :
(a)     In the Cemmunity :                               »
          The provisions of the of the Agreement will take over
          Articles 1 to 3 of Protocol No . 1 of the above Agreements ,
          The list to be put to the Norwegian Delegation for Article 2
          of this Protocol is given below :
Common Customs
Tariff                                    Description                                    !
heading No »
      28.56          Carbides ( for example , silicon carbide , boron carbide , :
                     metal carbides ):           '     '    '                        i
                                                                                .   I
                     A. 0? silicon                     '    -                            j
                                                                                i
      56.01          Han-made fibres ( discontinuous ), not ; carded , combed or         !
                     otherwise prepared for spinning*:                                   !
                     B. Regenerated textile fibres                                       !
                                                                                l
      56,02          Continuous filament for the manufacture of man-made                j
                     fibres ( discontinuous ):                                          j
                     B. 0f regenerated textile fibres                              ,   j
                                                                                >
                                                                                ;   l
 ex 73.02            Ferro-alloys , excluding ferro-nickel                             i
                                                                                1
    . 73.15          Alloy steel and high carbon steel in the forms mentioned !
                     in headings Nos . 73«06 to 73«1 ^                        '' ■     ;
                                 tv ?                                                  ;
                                                                    • i ■/• • •
 ---pagebreak---                                  T 2 "
Coramon Customs
Tariff                                  Description
heading No .
    76.01         Unwrought aluminium ;     aluminium waste and scrap :
                  A.   Unwrought
    78.01       j Unwrought lead ( including argentiferous lead );
                  lead waste and scrap
                  A»   Unwrought :
                       II . Other
    79.01         Unwrought zinc ; zinc waste and scrap:                  I
                  A.*  Unwrought
    18.01         Tungsten ( Wolfram ), unwrought or wrought , and
                  articles thereof
    81.02         Molybdenum , unwrought or wrought , and articles
                  thereof -
    81.03         Tantalum , unwrought or wrought , and articles thereof
    81.01»        Other base metals , unwrought or wrought , and
                  articles thereof ; cermets , unwrought or wrought ,
                  and articles thereof :
                  B.   Cadmium
                  C.   Cobalt
                       II . Wrought
                  D.   Chromium                                          I
                  E.   Germanium                            !            I
                  F.   Hafnium ( celtium )              .
                  G.   Manganèse
                  H.   Niobium ( colombium )
                  IJ . Antomony
                  K.   Titanium
                  L.   Vanadium                                         I
                  M. . Uranium depleted in U 235                        I
                  0.   Zireonium
                  P.   Rhénium
                  Q.   Gallium ;   indium ;  thallium
                  R»   Cermets                                          !
                                                                        i
 ---pagebreak---                                        - 3 -
           The indicative ceilings will be established by the Commission
    with the help of the Special Committee on Article 113 » on the same
    bases as those adopted for establishing the ceilings for 1973 in the
    agreements referred to above ;
(b)        in Norway :
           The Commission , helped by the Special Committee on Article 113 »
    will consider any Norwegian requests , taking care to establish a
    balance corresponding to that achieved in the agreements of
    22 July 1972 .
 ---pagebreak---                     Draf t
       Decision of the Representatives
of the Governments of the ECSC Member States ,
   meeting within the Council , concerning
   the opening of negotiations with Norway
 ---pagebreak---                                    - 1 -
         The Representatives of the Governments of the Member States of
the European Coal and Steel Community , meeting within the Council ,
'.'hereas the above Member States have concluded between them the Treaty
establishing the European Coal and Steel Community ;
             !
Whereas they have also concluded the Treaty establishing the
European Economic Community , Article 232 of which stipulates that the
provisions of that Treaty shall not modify the provisions of the
Treaty establishing the European Coal and Steel Community , in
particular as regards the rights and obligations of Member States ;
Whereas the Government of the Kingdom of Norway lodged a request
on  ...
KAV2 D3CIDED AS FCLLO./S :
1,       The Commission is requested to open negotiations with Norway
on behalf of the Member States . The aim of these negotiations will
be to ascertain whether an agreement is possible for products
covered by the European Coal and Steel Community on the bases
appearing in the annex and subject to subsequent guidelines .
2.       In implementing this decision , the Commission will be
assisted by representatives of the Member State .
                                                          . • • •/ •••
 ---pagebreak---                                                   ANNEX
         The provisions of the Agreement shall in principle be the
sarae^" as those in the Agreements with the other non-acceding EFTA
States of 22 July 1972 , according to the choice to be made by the
Norwegian Government as regards price rules between the two solutions
appearing on page *+5 of Internal Document No . 697 of 9 November 1971 *
 Certain products for which special import arrangements in the
 Community should be made are included in the list given in the draft
 SEC Council Decision .