CELEX: 51978PC0291
Language: en
Date: 1978-06-29 00:00:00
Title: Recommendations for COUNCIL DECISIONS concerning the signature and deposit of a declaration of provisional application, of the Protocol of 7 April 1978 for the further extension of the International Olive Oil Agreement, 1963, as amended and extended (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 291
Vol. 1978/0106
 ---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
règlement.
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
(ABI. L 243 vom 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.
 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(78)291 final
                                            Brussels - 29 June 1978
                            Recommendations for
                             COUNCIL DECISIONS
         concerning the signature and deposit of a declaration
         of provisional application, of the Protocol of 7 April 1978
         for the further extension of the International Olive Oil
         Agreement / 1963 /      as * amended and extended j.
            ( submitted to the Council by the Commission )
C0MC78 ) 291 final
 ---pagebreak---                            Explanatory memorandum
      - The International Olive Oi L Agreement , 1963 , to which 'the Community
        has been a party since 1 January 1978 , was last amended and extended
        by a Protocol of 23 March 1973 and expires on 31 December 1978. A
        United Nations Conference was held in Geneva from 5 to 7 April 1978 on
        the extension of the Agreement for one year , i.e. until 31 December 1979 .
        The Commission was authorized by a' Council Decision oi 4 April 1978 to •            -
        conduct on behalf of the ; European Economic Community the negotiations
        for the extension of the International Olive Oil Agreement for one year .          ."
        The United Nations Conference in Geneva ended on 7 April with the a.dop -        '
        tion of a Protocol extending the Agreement , and the Commission therefore -"
        requests the Council to designate the person authorized to sign the said
        Protocol o'n behalf of the Community .    .       -
        Under the Community procedure in force , the Community will sign the
        Protocol following signature by the governments of all the Community
        Member States .                     - ■.    ,                      ....     ' '•
        The Protocol . is open for signature in Madrid with the Government, of Spain ,
    .   the Depositary of the Agreement , until 31 October 1978 .
        The instrument of ratification or acceptance or approval should be' deposited
        at the latest by 31 December 1978 and if this is not possible a declaration
' ,     of provisional application should be deposited before that date .
                         -  ■          Recommendation
        The Council is requested to take a decision as regards the signature of the
        Protocol before 31 October 1978 and , for practical reasons , the deposit of
        a declaration of provisional application at the same time as the signature .
 •      The draft legal texts are set out " at Annex I. .                       . .
        The Protocol of 7 'Apri l 1978 is set out at Annex II .
 ---pagebreak---                                                                ANNEX 1 A
        Recommendation for a Council Decision on the signature of the
        Protocol of 7 April 1978 for the further extension of the Inter­
        national Olive Oi.l Agreement , 1963 , as     amended and extended .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 113 thereof ,
Having regard to the Recommendation from the Commission ,
HAS DECIDED AS  FOLLOWS  :
                           Sole Article
The President of the Council is hereby authorized to designate the
person empowered to sign the Protocol of 7 April 1978 for the
 further extension until 31 December 1979 , of the
International Olive Oil Agreement , 1963 , as       amended and extended .
Done at Brussels ,                                   For the Counci l
 ---pagebreak---                                                                   Α'ΙΝΕΧ 1 Β
                Recommendation for a Council  Decision
concerning the signature and deposit of a declaration of provisional
application of the ProtocoL of 7 April 1978 for the further extension
of the International Olive Oil Agreement , 1963 , as          amended and
              extended
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the Eurcoean Economic Community ,
and in particular Article 113 thereof ,
Having regard to the Recommendation from the Commission ,
HAS  DECIDED AS  FOLLOWS :
                            Se le Article
The President of the Council is hereby authorized to designate the person
empowered to sign the declaration of provisional application annexed hereto
and to deposit it i-;ith the GcverTierit of Spain .
                                              3 y t ne Counci l
 ---pagebreak---                                                                   ANNEX 1 C
Declaration of provisional application of the Protocol of 7 April 1978
for the further extension of the Olive Oil Agreement ,, 1963 , as
amended and extended .
It is unlikely that the European Economic Community can complete by 31
December 1978 the institutional procedures provided for in Article 5 .
of the Protocol of 7 April 1978 for the further extension of the Inter­
national Agreement on Olive Oil , 1963 , as      amended and extended .
Therefore , in accordance with Article 7 or the said Protocol , the Com­
munity makes this declaration of provisional application of this Protocol .
By depositing such a declaration , the Community considers itself to be
provisionally a Party to the Protocol , with all the rights and obligations
which result theref rom,unti I such time as the Council of the European
Communities shall have taken a final decision in the matter .
                                                   By the Council
 ---pagebreak---                         PROTOCOL OP 7 APRIL 1978 FURTHER EXTENDING THE      ■               -
                           INTERNATI ONAL OLIVE OIL AGREEMENT , 1963 ,
                                   AS AMENDED MD EXTENDED
The Parties to this Protocol .
       VHiereas the International Olive Oil Agreement , 1963 - replacing the 195°
Agreement amended. Toy the Protocol of 3 April 1953 - as extended and amended "by the . ■
successive Protocols adopted in Geneva on 30 March 1967 , 7 March 1969 and 23 - March
 1973 , including the amendments which came into force on 1 November 1 97 1 under the
provisions of article 3P< of t)ie Agreement ( all of which instruments are hereinafter
referred to as " the Agreement "), is , in principle , due to expire on 31 December 1978 ,
       De crr.lr.g that a one-year extension of the Agreement is required in order to
continue preparatory work for the negotiation of a new International Olive Oil
Agreement 'under UNCTAD resolution 93 \ IV ) concerning the Integrated Programme for
Commodities , the commodity coverage of which includes olive oil ,
    ■ Have agr eed on the following ;
                                          Article 1
       The Agreement as si-tended by tLi " Protocol shall , as between the Parties , to this
Protocol       continue in force until 3' December 1979°
                                          Article 2
 1.    Any Government whish "becomes a Party to this Protocol sb.3.11 be a Party to the
Agreement as extended thereby r                      '
2.     So far as the Parties to this Protocol . are concerned , the Agreement and this
Protocol shall be read and interpreted as one single instrument and shall be known as
the International Olive 0x1 Agreement , 1963 , as ara&nacd , a^d as extended    1978 ,
 ---pagebreak---                                        Article 3
 1.    Any Government which is a member of the United Nations Conference on. Trade and
Development may "become a Party to this Protocol in accordance with its constitutional
or institutional procedures •
       ( a ) By signing it ; or
       ( b) By ratifying , accepting or approving it after having signed it 'subject to
             ratification , acceptance or approval ; or
       ( c ) By acceding to it .
2 . Each signatory Government shall , on signing this Protocol , state whether ,
according to its constitutional or institutional procedures , its signature is , or
is not , subject to ratification acceptance or approval .
                                       Article 4
       This Protocol shall be open for signature in Madrid with tne Government of
Spain ( hereinafter referred to as " the depositary") until 31 October 1978 inclusive .
                                       Article 5
       In cases where ratification , acceptance or approval is required , the appropriate
instrument shall be deposited with the depositary not later than 31 December 1978 , on
the understanding that the Council may grant an extension 'or extensions of this
time to any signatory Government which has not deposited the said instrument by this
date „
                                       Article 6
       Any non–signatory Government entitled to accede to this Protocol under article 9 ?
may notify the depositary that it is undertaking to satisfy the constitutional or
institutional procedures required to accede to this Protocol as rapidly as possible .
                                       Article 1
1c     Any signatory Government - which has not been able to deposit its instrument of
ratification , acceptance or approval by 31 December 1Q78 and has been granted an
extension of time under article 5 of this Protocol and any non-signatory Government
which has made a notification pursuant to article 6 of this Protocol may notify the
depositary that it will provisionally apply 'the Agreement as extended by this
Protocol .
 ---pagebreak---   2.    During the entire period when the Agreement -as, extended by this Protocol is
  in force , either definitively or provisionally,' a- signatory or non-signatory Government
  which has made a notification under paragraph 1 of this article shall "be a' ■
  provisional Member with- all the rights and duties of a- Member, .vmtil that "Government •
  becomes - a Contracting Party ..     ■'      v-                                            - • -:::r
              J      s                               *1 ' ' ' *'' > * - r        '* ; ' . -i
  1.    This Protocol snail enter into force definitively on 1 January 1979 , °r an                        ,
  any date within the twelve months thereafter , between the Governments which have
  signed it and , in cases where 'their constitutional or institutional procedures so
  require , have ratified , accepted or approved it , or have acceded "to it if these
  Governments include those 'of. six mainly producing countries , -together accounting
  for at least 60 per cent of worldwide olive oil production during the reference
  period stipulated in article 3 of the Agreement , as well as those of three mainly
  importing countries . If this Protocol has not definitively entered into force in '
  accordance , with, the preceding sentence , it-shall do so at any time after it is
• provisionally in- force ,when the numerical" and production percentage reguirdments of
  this paragraph are satisfied by the deposit of instruments, of ratification , acceptance ,
  approval or accession. -                                                      \ V.                 1 ;V ---.
  2.    This Protocol shall enter into' force provisionally on Y January 1979 , or on any
  date within the . twelve months- thereafter , between the' Governments which have signed                     -
  it and , in cases where theii*' constitutional or . institutional procedures so require ,
  have ratified , accepted or , approved ity - or - have-acceded to it ^- or have indicated
  that they will apply it provisionally , ' if these Governments include those of six
  mainly producing countries together accounting format least 66 per cent of worldwide
  olive oil' production during; the reference period stipulated in article 3 of the
  Agreement , . as well as those of three mainly importing countries .                             ' - vi
  3.    If by 1 January 1979 this Protocol has not entered into force either provisionally
  or definitively in the manner described - in paragraphs 1 and 2 of - this " article , - but"'
  has received a sufficient number of signatures - to enable it to enter 'into force after
  ratification , acceptance or approval in conformity with the relevant provisions of
  this Protocol , then - the Agreement shall ,; in accordance with paragraph 4 of article
  37 5 continue in force beyond . 1 January 1979 until the date of the provisional or •
  definitive entry into 'force - of this Protocol , provided that the period of such \s:
  extension shall not exceed' twelve months .       • '                   . : .           -            ■-'
 ---pagebreak---   4.   If by 31 October 197° "this Protocol has not received the number of signatures
  required for it to enter into force after ratification , acceptance or approval , the
• Governments which have signed it and , where their constitutional or institutional
  procedures so require , have ratified , accepted , approved or acceded to this Protocol
  or have stated that they will apply it provisionally , may decide by common
  agreement that this Protocol shall enter into force among themselves , or may take
  whatever other action they consider is required by the circumstances .
                                       Article 9
  1.   This Protocol shall be open for accession by any non–signatory Government which
  is a member of the United Nations Conference on Trade and Development .
  2.   Accession to this Protocol shall be deemed to be accession to the Agreement ,
  as extended thereby .     ■                                                       •
  3.   Accession shall be effected by the deposit of an instrument of accession with
  the depositary and shall take effect from the date of deposit of such instrument or
  on the date of entry into force of this Protocol , whichever date is the later ..
                                       Article 10
       If by 31 December 1979 a new agreement has been negotiated and has received ■
  the required number of signatures . to enable it to enter into force after ratification ,
  acceptance or approval , and if that new agreement has not entered into force , either
  provisionally or definitively , the present Protocol shall continue in force beyond
  31 December 1979 until the entry into force of the new agreement , provided that the
  period of such extension shall not exceed twelve months .
                                       Article 11
  1 . Any Government may , upon signature , or upon deposit of its instrument of
  ratification , acceptance or approval of this Protocol , or upon accession thereto ,
  declare by notice addressed to the depositary that the Agreement as extended by this
 Protocol shall extend to any of the territories for whose international relations
  that Government is for the time being ultimately responsible . The Agreement shall
  extend to the territories named in the notification from the date of such notification
  or from the date on which the present Protocol enters into force for that Government ,
  whichever is'the later .
 ---pagebreak--- 2.   Any Contracting Party which has made , a declaration pursuant to paragraph T of
this article may at any later time , by notification to the depositary , declare that
the Agreement as extended "by this Protocol shall cease to extend - to the territory
named" in the notification and the Agreement shall cease to extend to such territory
from the date of such notification .                                               -
3.   When a territory to which the Agreement as extended by this Protocol has been
extended under' paragraph 1 of this article subsequently attains independence , its
Government may , within 90 days after the attainment of independence , declare by
notification to the depositary that it has assumed the rights and obligations of a
Party to the Agreement as extended by this Protocol . - It shall become a Party to the
Agreement from the date of such notification .
                                     Article 12
     The depositary of the Agreement shall without delay inform the signatory and'
acceding Governments of any signature , ratification , acceptance or approval of ,
or accession to , this Protocol ; of any notification made under article 6 and 7 of
this Protocol ; and of the date of entity, into force of this Protocol .
                                     Article 13                 .            ' - .
     Any reference in this Protocol to a Government shall be construed as moluding
a reference to the European Economic Community , or any intergovernmental organization
having responsibilities in respect of the negotiation , conclusion and application
of international agreements   in particular commodity agreements .
                                     Article 14
     The texts of this Protocol in the Arabic , English , French , Italian and Spanish
languages shall all be equally authentic , the originals being deposited with the
Government of Spain .    '
     ET WITNESS WHEREOF , the undersigned , having been duly authorized to this effect
by their respective Governments , have signed this Protocol on the dates appearing -
opposite their signatures .                       '
     DONE at Geneva   on 7 April 1978
                                       - 6 -