CELEX: 51980PC0457
Language: en
Date: 1980-07-23 00:00:00
Title: Recommendation for a COUNCIL DECISION authorizing the Commission to open negotiations with the Socialist Federative Republic of Yugoslavia with a view to the amendment of Annex A to the Interim Agreement and to the Cooperation Agreement #Recommendation for a COUNCIL REGULATION on the conclusion of an Agreement in the form of an exchange of letters amending the Interim Agreement between the European Economic Community and the Socialist Federative Republic of Yugoslavia (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 457
Vol. 1980/0158
 ---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
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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,
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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,
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 ---pagebreak---   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(80)457 final
                                                 Brussels , 23 July 1980
                              Recommendation for a
                                 COUNCIL. DECISION
             authorizing the Commission to open negotiations with
             the Socialist Federative Republic of Yugoslavia with
             a view to the amendment of Annex A to the Interim
             Agreement and to the Cooperation Agreement          ■  \
                              Recommendation for a
                              " COUNCIL REGULATION
             on the conclusion of an Agreement in the form of an
             exchange of letters amending the Interim Agreement
             between the European Economic Community and the
             Socialist Federative Republic of Yugoslavia ■
                   ( submitted to . the Council by the Commission )
COM ( 80 ) 457 final                       V       -r              tn
                                               v-              y>> . .   '4 •-
 ---pagebreak---                                                       recommendation
                                     for a Council Decision
                      concerning the negotiation of an exchange of letters
                      with Yugoslavia amending certain provisions of the
                           Interim Agreement and of the Cooperation Agreement
                                      § ï£!=MAIORY_MEHORANDyM
1.                The purpose of this proposal for a recommendation for a Council
Decision is to open negotiations with the Socialist Federal Republic of
Yugoslavia with a view to drawing up an exchange of letters amending the
Interim Agreement signed on 6 May , which entered into force on .1 July ,
and the Cooperation Agreement , and in particular Annex A to these
Agreements *
2.                On account of a clerical error which has crept into these
                              I
Annexes , a correction must be inserted in respect of the plum spirit named
" Si j i vovica " falling under CCT heading ex 22.09 . The present wording of
Annex A to the two           above Agreements and of article 8 of the Interim Agree­
ment and of article 21 of the' Cooperation Agreement give rise to a situation
that the negotiators had no intention of creating . This error would result
in the above product being free of customs duties and charges having equi­
valent effect , and of quantitative restrictions or measures having
equivalent effect if it were not presented in containers of no niore than
2 litres , or if it were presented in this form and the annual Community
tariff quota of 5.420 hectolitres specified in the above article         had been
used up or , again , if it we^-, imported into the Community within the limits
of this quota but without the certificate of authenticity referred to in
the said articles .
                  This is contrary to Community practice and to the agreements
concluded by the Community restricting concessions for products presented in
containers of no more than 2 litres and not in bulk .
 ---pagebreak---                                     - 2 -
                            /
3.            In addition , the negotiations bore out clearly that this product
was excluded from the scope of Article 2 of the Interim Agreement and of Artie
15 of the Cooperation Agreement      unless presented in containers of no more
than 2 litres and accompanied by a certificate of authenticity , the duty
payable being reduced within the framework of an annual Community tariff
quota where these two conditions are fulfilled .
4.            Aware of the difficulties that would be bound to result from
faulty wording and in the light of the entry into force of the Interim
Agreement   on 1 July and the imminent entry into force of the Implementing
Regulation providing for the opening , allocating and administration of
the above quota , the Commission hopes that the Council will adopt as
quickly as possible the annexed negotiating directives for the conclusion
of an exchange of letters amending the Interim Agreement and the Coopera­
tion Agreement .                                                         ,
 ---pagebreak---                          Re6©mmendatien fer a Csuncit Décision                3
  authorizing the Commission to open negotiations with the Socialist
 Federative Republic of Yugoslavia with a view to the amendment of
Annex A to the Interim Agreement and to the Cooperation Agreement
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Communities , and in
particular Article 113 thereof ,
Having regard to the recommendation from the Commission ,
Whereas it is necessary to amend Annex A to the Interim Agreement and
to the Cooperation              Agreement concluded with the Socialist Federative
Republic of Yugoslavia and , to this end , to open negotiations with that
country ,
HAS DECIDED AS     FOLLOWS  :
                                    Sole article
         The Commission is hereby authorized to open negotiations with the
Socialist Federative Republic of Yugoslavia with a view to the amendment of
Annex A to the Interim Agreement and to the Cooperation Agreement .
         The Commission shall conduct these negotiations in consultation with
the Special Committee provided for in Article 113 of the Treaty with a view
to amending , by means of an exchange of letters , Annex A to the Interim
 Agreement and to the Cooperation          Agreement in respect of the product
falling within CCT heading ex 22.09 . The said Annex is to        be amended
as follows :
                              /
  CCT
  heading                                 Description
  N°
     22.09    I Spirits , undenatured ( other than those of heading N° 22.08 );
                 liqueurs and other spirituous beverages ; compound alcoholic
                 preparations ( known as " concentrated extracts ") for the
                 manufacture of beverages
              .L
 Done at Brussels ,                                       For the Council
 ---pagebreak---                                                                         4 .       i
                                                                                  f
                    EXCHANGE OF LETTERS AMENDING                                  i
            ANNEX A TO THE INTERIM AGREEMENT SIGNED
               BETWEEN THE COMMUNITY AND
                      YUGOSLAVIA
Madam Chairman ,
    I have the honour to inform you that a material error has occured
in Annex A to the Interim Agreement signed
between the Community and Socialist Federative Republic of Yugoslavia .
                         /
                        r
    Since this error leads to a different result from that sought by
the parties regarding imports of " sljivovica" falling within position
ex 22.09 of the Common Customs Tariff , originating in Yugoslavia , it is
necessary to modify Annex A as follows :
 Reading                   Description of goods
 N°
 22.09              Ethyl alcohol or neutral spirits undenatured , of an
                    alcoholic strength less than 80 % vol . ; liquors and
                    other spirituous beverages ; compound alcoholic
                    preparations ( known as " concentrated extracts") for
                    the manufacture of beverages
      I shall be obliged if you will acknowledge receipt of this letter
and at the same time confirm your Delegation 's agreement with its contents .
      I have the honour to acknowledge receipt of your letter and confirm
your Delegations' agreement with its contents .
      Please accept , Madam Chairman, the assurance of my highest consideration .
                                             President of the Delegation
                                         of the European Economic Community,
 ---pagebreak--- peisgatien of th » socialist
Federal Republic ef Yugoslavia
                                                                                      s
                             EXCHANGE OF LETTERS AMENDING
                        ANNEX A TO THE   INTERIM AGREEMENT SIGNED
                            BETWEEN THE COMMUNITY AND
                                 YUGOSLAVIA
           Sir-
                 In your letter of today , you made the following communication :
                 "I have the honour to inform you that a material error has occured
           in Annex A of the      Interim Agreement signed
           between the Community and Socialist Federative Republic of Yugoslavia .
                 Since this error leads to a different result from that sought by the
           parties regarding imports of " Slijvovica " falling within position ex 22.09
           of the Common Customs Tariff , originating in Yugoslavia , it is necessary
           to modify Annex A as fbllows :
            CCT
           heading                             Description of goods
            N°
             22.09             Ethyl alcohol or neutral spirits , undenatured , of an
                               alcoholic strength less than 80 % vol .; liquors and other
                               spirituous beverages ; compoubd alcoholic preparations
                               ( known as " concentrated extracts ") for the manufacture
                               of beverages
                         I
                 I    shall be obliged if you will acknowledge receipt of this letter
           and at the same time confirm your Delegation 's agreement with its contents ".
                 I . have the honour to acknowledge receipt of your letter and confirm
           my Delegation 's agreement with its contents .
                 Please accept , Sir , the assurance of my highest consideration .
                                                                President of the Delegation
                                                       of the Socialist Federal Republic of
                                                                        Yugoslavia
 ---pagebreak---                                       REO OMMEW DAT! CW
                            for a Council Regulation on the
                     conclusion of an  Agreement in the form of an
                  exchange of letters amending the Interim Agreement between the
               European Economic Community and the Socialist Federative Republic
                                  of Yugoslavia
THE COUMCTL OP THE EUROPEAN COCTHTNITITCS ,
     1 . »*f : J
Having regard to the Treaty establi nhing the European Economic Community ,
and in particular Article 113 thereof ,
Having regard to the recommendation from the Commission ,
Whereas it is neceosary to approve the agreement in the forai of an ex­
change of letters amending the Interim Agreement between the European          ^
Economic Community and the Socialist Federative Republic of Yugoslavia
HAS ADOPTED THIS REGULATION :
                             I
(l )     O.J. L 130 of Watf 27th . 1980 . page 1
 ---pagebreak---                                  Article 1
        The Agreement in the form of an exchange of letters amending
the Intoxlm Agreement "between the European Economic Community and the
         Federative
Socialist          Republic of Yugoslavia is here"by approved on "behalf
of the Community .
        The text of the Agreement is annexed to this Regulation .
          vr                     Article g                           ■' •
          1 "
          i                                   '  •
        The President of the Council is here"by authorised to designate
the person empowered to sign the Agreement in order to "bind the Community .
                                 Article 3
        This Regulation shall enter into force on the third day follovring
its publication in the Official Journal of the European Communities .
        It shall apply x/ith effect from 1 July 1980.
        This Regulation shall "be "binding in its entirety and applicable
in all Member States .       ,
Done at Brussels ,
                                                   For the Council ,
                                                    The President