CELEX: 51973PC0957
Language: en
Date: 1973-06-14 00:00:00
Title: RECOMMENDATION FOR A DECISION BY THE COUNCIL AND THE REPRESENTATIVES OP THE GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL ON OPENING NEGOTIATIONS WITH THE AAMS AND THE COUNTRIES LISTED IN ANNEX VI TO THE ACT OF ACCESSION (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 957
Vol. 1973/0179
 ---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
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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
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(73)957 final
                                                         Brussels . 14 June 1973
                       RECOMMENDATION FOP 'A DECISION
        BY THE COUNCIL AND THE REPRESENTATIVES OP THE GOVERNMENTS
        OP THE MEMBER STATES MEETING WITHIN THE COUNCIL ON OPENING
          NEGOTIATIONS WITH THE AAMS AND THE COUNTRIES LISTED
                   IN ANNEX VI TO THE ACT OP ACCESSION
                ( submitted to the Council by the Commission)
COM(73 ) 957 final
 ---pagebreak---                                                        VIIl/6 27/7 3-E
                       REG OMMENDATI ON FOR A DECISION
 BY THE COUNCIL AND THE REPRESENTATIVES OP THE GOVERNMENTS OF THE MEMBER
 STATES MEETING WITHIN THE COUNCIL ON OPENING NEGOTIATIONS WITH THE AAMS
       AND THE COUNTRIES LISTED IN ANNEX VI TO THE ACT OF ACCESSION
THE COUNCIL OF THE EUROPEAN COMMUNITIES AND THE REPRESENTATIVES OF THE
GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL ,      ■
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 238 thereof ;
Having regard to the recommendation of the Commission ;
Whereas , ,in view of the provisions of Article 62 of the Convention of
Association signed at Yaounde on 29 July 1969^\ of Article 36 of the
Agreement of Association signed at Arusha on 24 September 1969 ^^ and of
Protocol No 22 of the Act relating to the conditions of Accession and
                              (2
Adjustments to the Treaties      , negotiations should be opened with the
countries concerned ;
Whereas although the said Protocol No 22 lays down three formulas whereby
the countries listed in Annex VI of the Act of Accession may arrange their
relations with the Community , negotiations should , however , be opened with
a view to concluding one or , possibly , several conventions setting out as
fully as possible the association relations ;
DECIDES AS FOLLOWS :
^ 'OJ No L 282, 23 December 197O.
^OJ Special Edition, 27 March 1972.
 ---pagebreak---                                    - 2 -                  VIII/627/73-E
                                 Article 1
The Commission is hereby authorized to open negotiations with the Associated
African and Malagasy States and the States listed in Annex VI of the Act of
Accession .
                                 Article 2
The aim of these negotiations will "be to establish the most complete
association possible between the abovementioned countries and the Community
as from 1 February 1975 *
   ,                             Article 3
The Commission shall conduct these negotiations m consultation with the
representatives of the Member States within the framework of the directives
appearing in the annex hereto and subject to any subsequent directives .
 ---pagebreak---                                                           VIIl/627/73-E
                                                          AMEX
          ' '                   DIRECTIVES ^
  1.    Trade .
        1.1   Tariff and quota arrangements
              1.1.1 Concerning the Community
 The tariff system to be applied to Community imports from the Associated
 States will "be exemption from customs duties and taxes having equivalent
 effect , these arrangements to apply as from the time the Convention of
 Association enters into force .    The same arrangements will he applied in
 relation to quantitative restrictions and measures having equivalent effect .
 As regards the products on the list in Annex II to the EEC Treaty and
 covered by a common market organization and of products subject , on import
 into the Community , to specific rules and regulations as a consequence of
 the implementation of the common agricultural policy , these will benefit
 from special arrangements which will be more favourable than those applying
to non-member countries and will be worked out product by product while the
Convention remains in force .
The problems relating to excise duties on tropical products as well as those
connected with the protection of designations of origin of food products of
interest to the Associated States will also have to be examined .
              1.1.2 Concerning the Associated States
Each State will , as a general rule, be required , during implementation of
the Convention , to retain or gradually introduce tariff exemption and abolish
quantitative restrictions and charges of equivalent effect on imports from
the Community . However , each Associated State will be allowed to retain or
introduce customs duties and taxes having equivalent effect provided they
correspond with the needs of its development or are intended to contribute
to its budget .
The Associated States will be required to undertake not to discriminate
between Member States and to apply the most-favoured-nation clause to the
Community , except in their relations with other developing countries .
                                                                           ./•
^ 'These directives concern a model of association which shall be as complete
     as possible taking into account both the provisions of Article 62 of the •
     Yaounde Convention with a view to the renewal of the latter , and the
     provisions of Protocol 22 . If negotiations for agreements on other bases
     were requested of the Community , these would have to be the subject of
     appropriate directives .
 ---pagebreak---                                                              VIIl/6 27/ 73-3
                                      – 2–                   Α "Η "Χ
 Finally , the Community will moke clear during tne negotiations that it is
 not asking its partners for the benefit of any form of preferential treatment ,  -
 since the commercial autonomy of the parties implied in the free-trade system
 allows any associated country which so desires to extend to non-member
 countries the treatment granted      the Community .
       1.2  Stabilization of export earnings
For certain commodities the negotiations will aim at setting up machinery for
 stabilizing the earnings which those countries mentioned in Protocol No 22 derive
from exports to the Community of commodities on which their economy depends to
a considerable extent and which are subject to wide fluctuations due to price
or quantity variations .
Stabilization would be achieved by transferring an amount of funds equal to
the difference between a reference value for exports to the Community and
the real value of these export earnings calculated annually ; as a general
rule such transfers will consist of refundable credits .
The use of the transfers will be governed on a contractual basis so that
they do not contribute to rendering the structure of production too inflexible .
The ways in which this machinery will be applied will be negotiated on the
basis of individual products between the Commission and the countries
concerned ; special additional details, including the quantitative aspects of
the problem, would have to be specified for sugar .
                                             1
2.     Financial and technical   cooperation
       2.1  The general scheme for interventions in the setting of financial
and technical cooperation    to aid the economic and social development of the
associated countries will be drawn up by the responsible authorities in the
Associated States .   These interventions – programmed by mutual agreement - will be
carried out within the framework of a permanent dialogue between the
Associated States and the Community .
    The Council has not yet stated its attitude to the proposals put forward
    by the Commission on the inclusion of the SDF in its budget and its
    financing by the Community ? s own resources . A positive decision will
    necessitate discussion of this matter with, the Community 's partners , so
    that it's implications in the field of financial and technical cooperation
    may be examined .
 ---pagebreak---                                                             VIIl/627/73-E
                                        - 3 -               AMHDC
         2.2   Cooperation will concern the financing of projects and programmes
 submitted by the Associated States or "by regional or interstate bodies to
which Associated States belong within the setting of development plans and
 consisting of :
         (i ) Investments in the fields of rural development , industrialization
              and economic and social infrastructure ;
      ( ii ) Technical cooperation activities , particularly as regards training;
    ( iii )   Information and industrial promotion activities ;
      ( iv) Marketing and sales promotion activities ;
        (v)   Specific activities to benefit small–scale local undertakings and
              limited primary development activities , especially in rural areas ;
      (vi ) Exceptional aids to Associated States "which have suffered as a
              result of natural disasters seriously affecting their economic
              potential .
These methods of intervention will , as far as necessary , be applied
jointly in the context of integrated projects and programmes .
        2.3   In the implementation of this cooperation special attention will
be paid to :
        ( i ) The exigencies of regional cooperation among the Associated States
              and between them and their neighbours ;
      ( ii )  The special needs of the least developed Associated States ;
    ( iii )   The seriousness of employment problems in the countries concerned .
Special importance will be attached to the need to train personnel and cadres
of the associated countries in order to increase the latter 's own administrative
and development potential .
 ---pagebreak---                                                               VIII/627/73-E
                                         – A –                AMEX
         2.4   The 'beneficiaries of such cooperation may include :
         (i ) The Associated States ;
       ( ii ) The economic development todies in.these countries , especially
               development hanks ;
     ( iii ) The regional or interstate bodies to which Associated States belong;
       ( iv) Producer groupings ;
         (v) Industrial and commercial undertakings , in accordance with the
               particular conditions to he specified .
         2.5   The preparation and implementation of these projects will be the
responsibility of the Associated States .       Particular attention will be given
to :
         ( i ) Proper progress and speed in the elaboration and implementation of
               the projects ;
       ( ii )  Suitability of the technical assistance supplied .
         2.6   The projects and programmes will be implemented in whatever way is
 economically the most advantageous and ensures equality of conditions of
competition among all natural and legal persons in the Member States and
Associated States .      However , a price preference will be given to suppliers
in the associated countries .
         2.7   The projects and programmes financed within the framework of this
cooperation must be viable in their own right or their operation and
maintenance must be guaranteed by the Associated States or recipient
bodies . However , in certain cases to be specified , programmes prolonging
cooperation may be initiated so as to ensure that full use is made of the
investments carried out , provided these are of special importance
for economic and social development and temporarily impose an excessive
burden on the State .
        2.8 The financing terms of the projects will be adapted to the economic
situations in the various associated countries , account . also being taken of
the nature of the projects and programmes financed .                             ,
Cooperation will be financed by the European Development Fund mainly by
grants , the remainder being financed out of loans on special terms , contributions
to the formation of risk capital , or by ordinary loans from the European
Investment Bank f s own assets , possibly accompanied by interest subsidies .
                                                                            ./•
 ---pagebreak---                                                                                1
                                                             VIIl/6 27/73-E
                                      - 5 -     " –          AMEX
     2.9 The amount of funds to "be made available for financial and technical
cooperation will be determined during the negotiations .
It will be fixed in such ^a way as
     (i)   at least to maintain - in real terms – whatever advantages have
           already accrued to the African and Malagasy countries already
           associated ;
   ( ii ) to ensure similar treatment for all countries whether earlier or
           only recently associated .
3.     Cooperation in other areas
       3*1    Rules on establishment and supply of services
The rules on establishment and supply of services will be aimed at seeing
that the following principles are applied by the Associated States :
     ( i ) Hbn-discrimination in the system applied both among
           nationals and among firms of the Mdnber States ;
   ( ii ) Most-favoured-nation treatment .
 These principles could be accompanied by a reciprocity clause .
       3.2    Rules and regulations concerning external payments and capital
            ■ movements
Provisions should :                       ■
     (i)   Include an undertaking by the parties to authorize payments which
           are the corollary either of the free movement of goods provided for
           by the Association or of the provisions relating to financial and
           technical cooperation ;
 ---pagebreak---                                                                VIIl/6 27/7 3-E
                                        ;
                                          - 6 -                AMEX
         (ii ) Ensure non-discriminatory treatment "between Member States as
               regards their investments and capital movements and the current
               payments associated therewith ;
       ( iii ) Guarantee mo st-favour ed-nat ion treatment for Member States (with
               an exception in favour of regional cooperation).
   4.     The Institutions
   In view of its contractual nature , the Association requires Institutions
   whose members are on an equal footing.
   The composition, powers and operation of these Institutions will be determined
   in the light of how the negotiations proceed and of experience acquired –
_ particularly as regards the Association Council and Committee and the
   Parliamentary Conference and Committee of the Association - so that they may
   be adapted to the administrative and guidance requirements of an enlarged
   and renewed Association .                     .     .
   5.     General and final provisions
   The term of validity of the Association should be fixed at five years . ■
 , The form of Association corresponding to these directives will , in principle ,
   have to be governed by a convention between all the parties concerned .
   However , the possibility remains open that , in this Association framework , •
   several conventions may be concluded to meet the particular situations of
   certain groups of countries concerned .