CELEX: 51981PC0371
Language: en
Date: 1981-07-14
Title: Proposal for a COUNCIL DECISION concerning the conclusion of the Protocol for the accession of Colombia to the General Agreement on Tariffs and Trade (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
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COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 371
Vol. 1981/0116
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                        COM(81)371 final
                                                        Brussels , 14 July 1981
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                                         Proposal for a
                                      COUNCIL DECISION
                     concerning the conclusion of the Protocol for
                     the accession of Colombia to the General Agree­
                     ment on Tariffs and Trade
                     ( submitted to the Council by the Commission )
                                                    »
C0M(81 ) 371 final
 ---pagebreak--- \. rc J -:i vs/tory t>\ cz' or ■" nd'ÀjJi s
1»                J.n the frmewoxk of th* M7B , th® Republic of Col^'-Vbia rjuV.raitv.ed aa
        application for definitive accession to tba GAT?.              Its K'iSf tariff cffer
        was presented as a contribution for its accession .             Tbis offer covered
       4.1$ of imports froia the EEC .
2.                During bilateral negotiations with th9 Community Colombia proposed
       a number of further concessions to the Community to improve its initial
       offer, increasing the cover rate for its imports from thi EEC from 4*1$
       to 5*4
3.                Despite this slight improvement Colombians offer for its
       accession to the GAIT is still not regarded as very satisfactory by the
       Community .
                  However , in view of Colombia's level of development and the
       difficulties encountered by the industrialized countries in the inter­
       national economic context with the developing countries in general the
       Community considered that Colombia's latest tariff offers should be
       accepted .
                  On 5 November 1979 » after obtaining a favourable opinion from the
       Article 113 Committee , the Commission initialled the results of the
     * bilateral tariff negotiations with Colombia in the context of the
        latter's accession to the GATT .
4.                The Colombian Congress has recently ratified its country 's
        aooession to the GAIT .             It is therefore necessary for the Community to
        approve the accession .
                  To this end, the Commission proposes the attached draft deoision
        to the Counoil .
 ---pagebreak---                                     -3r-
                         PROPOSAL FOR COUNCIL DECISION
            concerning the conclusion of the . Protocol for the
            accession of Colombia to the General Agreement on
                              Tariffs and Trade
THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof ,
Having regard to the proposal from the Commission ,
Whereas the Republic of Colombia has entered into negotiations with the
European Economio Community and with the other Contracting Parties to the
General Agreement on Tariffs and Trade with a view to its accession to that
General Agreement ;
Whereas the outoome of these negotiations is acceptable to the Community ,
HAS DECIDED AS FOLLOWS t
                                   Article 1
The Protocol for the acoession of Colombia to the General Agreement on
Tariffs and Trade is hereby approved on behalf of the European Economic
Community .
The text of the Protocol is annexed to this Decision .
                                   Article 2
The President of the Council is hereby authorized to designate the person
empowered to sign the Protocol in order to bind the Community .
Done at Brussels .
 ---pagebreak---                                                           . AHBEX
                   PROTOCOL FOR THE ACCESSION Of COLOMBIA .
              TO THE GENERAL AC REEMSKT ON TARIFFS MB TRADE
The Governments vhioh. are Contracting Parties to the General Agreement on .
Tariffs and Trade (hereinafter referred to as "Contracting Parties " and
"the General Agreement", respectively), The European Economic Community and
the Government of Colombia (hereinafter referred to as "Colombia ),
Having regard to the results of the negotiations directed towards the
accession of Colombia to the General Agreement ,
Have through their representatives agreed as follows t
                        • , ■   Part One - General
1 . Colombia shall , upon entry into force of this Protocol pursuant to
paragraph 6 , become a Contracting Party to the General Agreement , as
defined in Article XXXII thereof, and shall apply , to Contracting Parties
provisionally and sub-ject to this Protocol :       M
    a ) Parts J , III and IV of the General Agreement , and
    b ) Part II of the General Agreement to the fullest, extent not
        inconsistent with its legislation existing on the date of this
        Protocol . .                              -
    The obligations incorporated in paragraph 1 of Artiole 1 by reference to
Article III and those incorporated in paragraph 2(b ) of Article II by
referenoe to Article VI of the General Agreement shall be considered as
falling within Part II for the purpose of this paragraph .
2 . a) The provisions of the General Agreement to be applied to Con-
trating Parties by Colombia shall , except as otherwise provided in this
Protoool , be the provisions contained in the text' annexed to the Final Act
of the second session of the Preparatory Committee of the United Nations
Conference on Trade and Employment , as rectified, ' amended or otherwise
modified by suoh instruments as may have become effective on the day on      ^
which Colombia becomes a Contracting Party .
 ---pagebreak---     b ) In each case in which Article V(6 ), Article VIl(4)(d) and
Artiole X(3)(c ) of the General Agreement refer to the date of that Agree­
ment , the applicable date in respeot of Colombia shall be the date of this
Protocol .
                                 Part Two – Schedule
3 . The schedule in the Annex shall , upon the entry into force of this
Protocol , become a schedule to the General Agreement relating to Colombia .
4 . a ) In each case in which Article Il(l ) of the General Agreement refers
to the date of that Agreement , the applicable date in respect of each pro­
duct which is the subject of a concession provided for in the schedule
annexed to this Protocol shall be the date of this Protocol .
    b ) For the purpose of the reference in Article Il(6)(a ) of the General
Agreement to the date of that Agreement , the applicable date in respect of
the sohedule annexed to this Protocol shall be the date of this Protocol .
                           Part Three - Final Provisions
5 . This Protocol shall be deposited with the Director-General to the
Contracting Parties .    It shall be open for signature by Colombia until
31 December 1980 .    It shall also be open for signature by Contracting
Parties and by the European Economic Community .
6 . This Protocol shall enter into force on the 30th day following the day
upon which it shall have been signed by Colombia .
7 . Colombia, having become a Contracting Party to the General Agreement
pursuant to paragraph 1 of this Protocol , may accede to the General Agree­
ment upon the applicable terms of this Protocol by deposit of an instru­
ment of accession with the Director-General .    Such accession shall take
effeot on the day on which the General Agreement enters into force pursuant
to Article XXVI or on the 30th day following the , eay of the deposit of the
instrument of accession , whichever is the later . Accession to the General
Agreement pursuant to this paragraph shall , for the purposes of
Artiole XXXIl(2 ) of that Agreement , be regarded as acceptance of the Agree­
ment pursuant to Article XXVI (4 ) thereof .
 ---pagebreak--- 8.   Colombia may withdraw ita provisional application of the General
Agreement prior to its accession thereto pursuant to paragraph 7 and such
withdrawal shall take effect on the 60th day following the day on which
written notice thereof is received by ti^e Director-General .
9 * The Director-General shall promptly furnish a certified copy of this
Protocol and a notification of each signature thereto , pursuant to para­
graph 5 , to each Contracting Party, to the European Economic Community, to
Colombia and to eaoh government which shall have acceded provisionally to
the General Agreement .
                                    ♦
10 *  This Protocol shall be registered in accordance with the provisions of
Article 102 of the Charter of the United Nations .
Done at Geneva this twenty-eighth day of November one thousand nine hundred
and seventy-nine , in a single copy, in the English , French and Spanish
languages , except as otherwise specified with respect to the schedule
annexed hereto, all three texts being authentio .
 ---pagebreak---                           -7-
                                              ANNEX TO ANNEX
                        ANNEX
            SCHEDULE LXXXVI   - COLOMBIA
( The schedule may be consulted at the GATT Secretariat
                       in Geneva )