Proposal for a Council Decision amending the proposal for a Council Decision on the signing and conclusion by the European Community of the International Coffee Agreement 2007
Date: 2008-05-05
Institutions: European Commission
Subjects: coffee, commodity agreement, international agreement, international cooperation, international organisation, signature of an agreement

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 5.5.2008 
COM(2008) 244 final 

Proposal for a  

COUNCIL DECISION 

amending the proposal for a Council Decision on the signing and conclusion by the 
European Community of the International Coffee Agreement 2007 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

On  27  March  2008  the  Commission  adopted  the  proposal  for  a  decision  on  the  signing  and 
conclusion  by  the  European  Community  of  the  International  Coffee  Agreement  2007.  The 
Commission document carried the reference COM(2008)157 final. It was sent to the Council 
for adoption. 

It  should,  however,  be  pointed  out  that  special  provisions  appear  in  Article  40(4)  of  the 
International  Coffee  Agreement  2007  concerning  the  position  of  the  European  Community 
and the deposit of an official declaration confirming its exclusive competence. 

As the proposal already approved did not include that declaration of competence, it now needs 
to  be  amended  so  that  the  Council  decision  can  cover  the  entire  signing  and  conclusion 
procedure by the European Community. 

The  purpose  of  this  proposal  is  therefore  to  amend  the  instrument  contained  in  document 
COM(2008)157 final, submitted in the initial procedure, so that the declaration of competence 
in accordance with Article 40(4) of the Agreement is annexed and the wording of Article 2 
amended accordingly. As Article 1 of the version already approved did not refer to the signing 
of the International Coffee Agreement, this reference is also added. 

As  an  official  ceremony  is  scheduled  in  London  on  19  May  2008,  it  would  be  most 
appropriate  for  the  Community  to  be  able  to  sign  and  deposit  the  approval  instrument, 
including the declaration of competence, on that date. 

It is for this reason that an expedited procedure is requested so that the Council can take its 
decision before that date.  

EN 

2 

   EN 

 
Proposal for a 

COUNCIL DECISION 

amending the proposal for a Council Decision on the signing and conclusion by the 
European Community of the International Coffee Agreement 2007 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 133, taken in conjunction with the first subparagraph of Article 300(2) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

Article 40(4) of the International Coffee Agreement 2007 provides for the deposit with 
the Depositary of a declaration by the European Community confirming its exclusive 
competence over matters governed by the Agreement. 

The proposal in COM(2008)157 final was for the Council to approve the International 
Coffee Agreement 2007, but the declaration in question was not annexed. 

The  proposal  in  COM(2008)157  final  now  needs  to  be  amended  to  include  that 
declaration and to make some minor changes. 

(4)  With  the  incorporation  of  the  declaration  the  European  Community  will  be  able  to 
complete  the  procedure  for  the  signing  and  approval  of  the  International  Coffee 
Agreement 2007 as quickly as possible, 

HAS DECIDED AS FOLLOWS: 

Article 1 

Article 1 of the proposal in document COM(2008)157 final is amended as follows:  

"The  International  Coffee  Agreement  2007  is  hereby  signed  and  approved  on  behalf  of  the 
European Community. The text of the Agreement is attached to this Decision." 

Article 2 

Article 2 of the proposal in document COM(2008)157 final is amended as follows: 

"The  President  of  the  Council  is  authorised  to  designate  before  31  August  2008  the  person 
authorised to sign the Agreement and deposit with the Depositary the instrument of approval 
on  behalf  of  the  Community  together  with  the  declaration  of  competence  annexed  to  this 
Decision, in accordance with Article 40 of the Agreement." 

Done at Brussels,  

EN 

For the Council 
The President

3 

   EN 

 
 
ANNEX 

DECLARATION  OF  THE  EUROPEAN  COMMUNITY  IN  ACCORDANCE  WITH 
ARTICLE 40(4) OF THE INTERNATIONAL COFFEE AGREEMENT 2007 

In accordance with Article 40(4) of the International Coffee Agreement 2007, this declaration 
indicates  the  competences  transferred  to  the  Community  by  its  Member  States  in  matters 
governed by the Agreement. 

The  European  Community  declares  that,  in  accordance  with  the  Treaty  establishing  the 
European  Community,  the  matters  governed  by  the  Agreement  fall  within  the  exclusive 
competence  of  the  European  Community  under  the  common  commercial  policy  and  the 
Member States will not therefore be ratifying the Agreement. 

EN 

iv 

   EN