COUNCIL DECISION of 6 December 1993 authorizing the automatic renewal or maintenance in force of provisions governing matters covered by the common commercial policy contained in the friendship, trade and navigation treaties and in trade agreements concluded between Member States and third countries (93/679/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2) thereof,
Having regard to Council Decision 69/494/EEC of 16 December 1969 on the progressive standardization of agreements concerning commercial relations between Member States and third countries and on the negotiation of Community agreements (1), and in particular Article 3 thereof,
Having regard to the proposal from the Commission,
Whereas the Member States concerned have again requested authorization for the automatic renewal or continuance in force of provisions governing matters covered by the common commercial policy within the meaning of Article 113 of the Treaty and contained in the friendship, trade and navigation treaties and similar agreements with third countries listed in the Annex, in order to avoid interrupting their commercial relations with the third countries concerned as are based on such agreements;
Whereas, however, most of the matters covered by these provisions of national treaties and agreements will in future be governed by Community agreements; whereas, in that case, authorization should be given only in respect of those matters not covered by Community agreements; whereas, in addition, such authorization does not absolve the Member States from the obligation of avoiding and, where appropriate, eliminating any incompatability between such treaties and agreements and the provisions of Community law;
Whereas the provisions of the treaties and agreements to be automatically renewed or maintained in force must not, furthermore, during the period under consideration, constitute an obstacle to the implementation of the common commercial policy;
Whereas the Member States concerned have stated that the automatic renewal or continuance in force of these treaties and agreements should not be such as to constitute an obstacle to the opening of Community commercial negotiations with the relevant third countries or the transfer of the commercial fields covered by current bilateral agreements to Community agreements;
Whereas, at the conclusion of the consultation provided for in Article 2 of Decision 69/494/EEC, is was established, as the aforesaid statements by the Member States confirm, that the provisions of the relevant treaties and bilateral agreements will not, during the period under consideration, constitute an obstacle to the implementation of the common commercial policy;
Whereas, nevertheless, the Member States concerned have stated that they would be willing to adapt and, if necessary, terminate those treaties and agreements should it be found, during the period under consideration, that the automatic renewal or continuance in force of the provisions thereof relating to matters covered by Article 113 of the Treaty hinder the implementation of the common commercial policy;
Whereas, in 1986 and 1990, the Member States and the Commission identified the clauses which needed to be brought into line with Community legislation, first for the EFTA countries and then for the ACP and Mediterranean countries; whereas they undertook to open negotiations with the countries concerned for that purpose;
Whereas most of the clauses in question in agreements with the EFTA countries have already been eliminated; whereas it is all the more essential to eliminate the rest in view of the establishment of the internal market;
Whereas the adaptation of the agreements with the ACP and Mediterranean countries should also be rapidly completed;
Whereas the treaties and agreements involved contain termination clauses requiring a period of notice of between three and 12 months;
Whereas, for the sake of simplicity, the practice followed thus far of renewing the trade agreements and treaties at quarterly intervals should be replaced by an annual decision covering all of the agreements and treaties; whereas, therefore, Decisions 92/234/EEC (2) 92/239/EEC (3), 92/294/EEC (4) and 92/487/EEC (5) of 1992, which lay down varying expiry dates, should be repealed;
Whereas, therefore, there is no reason for not authorizing the automatic renewal or continuance in force, until 31 December 1994, of the provisions in question,
HAS ADOPTED THIS DECISION:
Article 1
The provisions governing matters covered by the common commercial policy within the meaning of Article 113 of the Treaty and contained in the friendship, trade and navigation treaties and trade agreements listed in the Annex hereto may be automatically renewed or maintained in force until 31 December 1994 as regards those areas not covered by agreements between the Community and the third countries concerned in so far as their provisions are not contrary to existing common policies.
Article 2
Decisions 92/234/EEC, 92/239/EEC, 92/294/EEC and 92/487/EEC are hereby repealed.
Article 3
This Decision is addressed to the Member States.
Done at Brussels, 6 December 1993.