ARCHIVES HISTORIQUES 
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COM (85) 202 
 
 
 
Vol. 1985/00 96 
  
 
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Conformém ent 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 
règlem ent. 
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 Econom ic 
Communit y and the European Atom ic Energy Communit y (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), t his 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. 
Februa r 1983 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 v om 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.  
COMMISSION  
OF THE
EUROPEAN COMMUNITIES
General SecretariatC 0 M (8 5 ) 202 final 
Brussels, 30 apri l 1985
F O R  O F F IC IA L U S E  O N LY
P R O P O S A L  
F O R  A
C O U N C I L  D E C IS IO N
■  r · .»·:
* :  -  '  f
•amending the Decision of 4  April 1978 
o n  the application of certain guidelines 
in the field of officially supported 
export credits
(presented by the C om m ission to the Council)
C 0 M C 8 5 ) 202 final

E X P L A N A T O R Y  M E M O R A N D U M
1. T h e Arrangement on guidelines for officially supported export credit 
(the Consensus) cam e into effect in April 1978 and has since repeated­
ly been am ended and extended, m ost recently by a  Council Decision of
1  April this year.
2. A t the ministerial meeting of the O E C D  Council held in Paris on 1 1  and 
1 2  April, it w as agreed that
"Measures aiming at strengthened transparency and discipline in the 
field of tied aid credits and associated financing of exports will 
continue to be pursued expeditiously. A  study is to be completed b y 
30 September 1985 so that n e w  measures aiming at a further increase 
in discipline and transparency could be taken promptly. A s  a  first 
step, there w as agreement on reinforced notification and consultation 
procedures as well as an increase to 2 5  percent of the m in im u m  per­
missible grant element for those transactions".
3. It w as clear from  the ministers' di|£ussion that the phrase "reinforced 
notification and consultation procedures" should be interpreted as 
acceptance of the proposals contained in M r. Wallen's report and 
earlier referred to in the aide-mémoire in T D /C 0N SE N SU S/84.59. Action 
under the ministerial agreement therefore includes:
a) the increase of the m in im u m  permissible grant element for tied aid 
credits and associated financing of exports from  2 0 to 2 5  per cent;
b) the prior notification of tied aid credits and associated financing 
of exports with a  grant element of less than 50 per cent, together 
with the lengthening from  ten calendar to twenty working days of 
the waiting periods prescribed for matching purposes in the proce­
dures;
c) the institution of a process of face-toface consultations as set out 
in the protocol in Part A  of docum ent T D /C O N S E N S U S /84.58.
«  ·  /...
I

A  Council Decision of 10 D ecem ber mandated the Com m ission to negotiate 
the strengthening of notification procedures and the introduction of 
face-to-face consultations. O n  4 M arch the Com m ission laid before the 
Council a fresh recommendation for a Decision on the position to be 
taken by the C om m unity in international negotiations for the am endm ent 
of certain provisions of the Consensus. This recommendation w as designed 
to supplement the original mandate so as (a) to allow a modest increase 
in the grant element for tied aid credits and (b) to enable the O E C D  
Secretariat to study the implications of such credits for trade and 
development. T h e Council has not adopted the recommendation, which has 
been placed on the agenda for the economic and financial affairs Council 
meeting scheduled for 1 3 M a y .
Agreem ent having been reached by the ministers at the OECD Council 
meeting, however, the measures agreed in Paris should n o w  be incorpor­
ated into C om m unity law  without loss ·ƒ <  time.
It is therefore recom m ended that the Council adopt the am ended text of 
the Arrangement annexed to this Decision.

C O U N C I L  D E C IS IO N  
O F
amending the Decision of 4 April 1978 
on the application of certain guidelines in 
the field of officially supported export credits
T H E  C O U N C I L  O F  T H E  E U R O P E A N  ddhH Ü N lfIE S y
H aving regard to the Treaty establishing the European Econom ic 
C om m unity, and in particular 113 thereof,
H aving regard to the proposal from  the Commission,

-  2 -
W hereas the C om m unity is party to the Arrangement on guidelines for 
officially supported export credits;
W hereas this Arrangement w as the subject of the Council Decision of 
4 April 1978; whereas that Decision has been extended and am ended, 
m ost recently by the Decision of 1  April 1985;
W hereas it is in the Community's interest that the Arrangement should 
continue to play a key part in putting an end to wasteful competition 
in the field of export credits and tied aid credits, and in reducing / 
subsidization; j
W hereas the C om m unity put proposals to the other Arrangement participants/
for measures to improve transparency in the field of tied aid credits and 
introduce a system of face-to-face consultations;
W hereas measures were agreed a t‘the ministerial meeting of the O E C D  
Council which took place in Pans o n 1 1  and 1 2 April 1985;
W hereas the agreement reached at thè ministerial meeting is intended 
not merely to improve transparency but to strengthen discipline in the 
field of tied aid credits, and calls for the setting-up of a procedure 
for face-to-face consultations;
W hereas in the interests of the C om m unity and in furtherance of the prin­
ciple of international cooperation, the Arrangement, as am ended accord­
ingly, should be applied in the C om m unity,
H i

H A S  A D O P T E D  T H IS  D E C IS IO N :
Article 1
T h e A nnex to the Decision of 4  April 1978, as amended by  the Decision 
of 2 1  February 1983, is hereby am ended as indicated in A nnexes I and II 
to this Decision.
Article 2
This Decision is addressed to the M e m b e r States..
D o n e at Brussels,For the Council 
T h e President

A N N E X  I
Lines 8 and 9 in the No Derogation Commitment set  
out in paragraph 10 of the text of the Arrangement  
is amended to read as follows
Paragraphs 9(a)(1) and 9(b)(l)(iv) to support  
tied aid credits with a grant element of  
less than 25%.
Participants will prior notify commitments of tied  
aid credit involving a grant element of less than
50% without specifying whether such notifications' ♦  ■are being made under paragraph 9(a)(1) or 9(b)(1)  
and will give twenty working days notice before  
issuing any such commitments.

/A N N E X  II
PROTOCOL BETWEEN PARTICIPANTS TO THE ARRANGEMENT 
ON GUIDELINES FOR OFFICIALLY SUPPORTED EXPORT CREDITS
Participants to the Consensus,
Whereas at the OECD Ministerial meeting of 17/18 May  
1984, the Ministers enjoined the competent bodies of the  
Organisation for Economic Co-operation and Development to  
take the prompt action to improve existing arrangement so as  
to strengthen transparency and discipline in the area of Aid  
and Trade related concessional finance by all appropriate  
means;
Whereas Participants to the Consensus recognise the  
advantage which can accrue.·if/a clearly defined common atti­
tude toward the credit terms for a particular transaction can  
be achieved and if maximum use is made of the existing  
arrangements for exchanging information at an early stage;
Whereas the OECD Exchange of Information System of 1972  
lays down rules for exchanging information amongst members of  
the OECD Group on Export Credits and Credit Guarantees;
Whereas this System outlines procedures to be followed  
in the event that all members taking part in an exchange of  
information agree to accept that the credit terms for a parti­
cular transaction should be the subject of a binding obligation
Whereas although government grants, untied loans, tied  
official development assistance loans on concessional terms;  !  !
are excluded from the System, Members agreed, in a protocol  
attached to the OECD Council Decision implementing the System o  
Exchanging Information, that they would use their best efforts

A N N E X  II
to give as far as possible the same information on tied  
development assistance loans on concessional terms as for  
transactions covered by the system, and that any agreed  
binding obligation would apply also to tied official  
development assistance loans on concessional terms;
Whereas at a meeting of the OECD Consensus Group in  
April 1934 all Participants firmly undertook to consider  
favourably face-to-face consultations if a Participant so
«
requests in the case of,important transactions .
Whereas this undertaking was motivated by the unsatis­
factory functioning of existing procedures for exchanging  
information .in a number of important transactions;
Whereas the implementation of the provisions of the
Consensus can be jeopardised if procedures for exchanging. . .  “  .  .  .  0 - ····';·''
information do not Jfuncfridff efficiently;
Whereas any weakening in Consensus discipline risks  
provoking wasteful export·, credit and/or tied aid credit compe­
tition and increasing subsidies;
Whereas the search for a common attitude, does not pre­
judice the possibility for participants to retain their rights  
and·liberty as to whether to insure or finance credits for a  
particular transaction, in the framework of their international  
obligations.
Have decided as tfollows ;
Within the framework of existing procedures in the field  
of officially supported export credits and tied aid credits,,  
and with a view to imporving transparency, Participants :

A N N E X  II
3.-
t
1) Confirm that they will strive to provide the fullest  
possible details on the credit terms and conditions which they  
may be considering offering for any transaction wnich is the  
subject of an exchange of information;
2) Acknowledge that the interests of all Participants are
best served if agreement can be reached at an early stage on  
a common attitude on the export credit conditions for a parti­
cular transaction and if the provisions of that agreement are  
maintained; *
3) Reaffirm, therefore, the need to promote commun attitudes,  
particularly on important transactions;
4) Recognise that in certain instances, notably when existing  
exchange of information procedures are perceived to be func­
tioning in an unsatisfactory manner, face-to-face consultations  
could facilitate the adoption of a common line;
5) Undertake, in such circumstances, to respond favourably  
to any such request for early face-to-face consultations and to  
attend any meeting arranged in order to reach a commun attitude  
on credit terms in conjunction with other interested Participants.  
In this respect ,  particular attention will be paid to the ob­
servance and common interpretation of the guidelines;
6) Confirm moreover the importance they attach to a strict  
observation of the formal notification procedures provided for  
in the Arrangement.
iI