CELEX: 51982PC0197
Language: en
Date: 1982-04-22 00:00:00
Title: Recommendation for a COUNCIL DECISION approving a draft Additional Protocol to the European Agreement on the Exchange of Blood-Grouping Reagents (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 197
Vol. 1982/0061
 ---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(82)197 final
                                           Brussels , 22 April 1982
                             Recommendation for a
                               COUNCIL DECISION
    approving a draft Additional, protocol       the European Agreement
                  on the Exchange of Blood-Grouping Reagents
                ( submitted to the Council by the Commission )
                                ι
COMC82 ) 197 final
 ---pagebreak---                                                     L-C;"vv''i *j i û .
                       EXPLANATORY MEMORANDUM
By its Decision of 25 3une 1979 the Council authorized the Commission to
conduct negotiations within the framework of the Council of Europe wi'th the
object of adding to the European Agreement on the Exchange of Blood-
Grouping Reagents a Protocol which would enable the European Economic
Community to become a Contracting Party to this Agreement .
Behind this Decision was the fact that Article 5(1 ) of the European
Agreement on the Exchange of Blood-Grouping Reagents specifies that 'The
Contracting Parties shall take all the necessary measures to exempt from
all import duties the blood-grouping reagents put at their disposal by the
other Parties' . Only the Community is competent to grant derogations from
the application of Common Customs Tariff duties-
Negotiations between the Commission and the Secretariat-General of the
Council of Europe have resulted in a draft Additional Protocol which has
been conceived as an integral part of the Agreement and which will enable
the European Economic Community to become a Contracting Party to the
Agreement by signing it .
Once it has received the prior approval of the Council of Ministers of the
EEC , the Secretariat-General of the Council of Europe will submit this draft
Additional Protocol to the Committee of Ministers of that body . It would
like to be able to do so during a meeting to be held in May of this year .
When the Committee of Ministers of the Council of Europe has decided to
add this Protocol to the Agreement, the European Community will be able
to become a Contracting Party to the latter .
 ---pagebreak---                                      - 2 -
Consequently , the Commission recommenus the Council to approve the draft
Additional Protocol to the European Agreement on the Exchange of Blood-
Grouping Reagents and to authorize the Commission to notify the
Secretariat-General of the Council of Europe of such acceptance (Annex 1 ).
When this Additional Protocol has been adopted by the Committee of
Ministers of the Council of Europe (probably during the second half of 1984 ),
the Commission will recommend the Council of Ministers of the Community
to accede on the latter's behalf to the European Agreement on the Exchange
of Blood-Grouping Reagents .
 ---pagebreak---                                                    ANNEX I
                                Recommendation
                             for a Council Decision
                                approving a draft
               Additional Protocol to the European Agreement
                 on the Exchange of Blood-Grouping Reagents .
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having    regard   to    the  Treaty   establishing  the European   Economic
Community ,
Having regard to the Recommendation from the Commission ,
Whereas Article 5(1 ) of the European Agreement on the Exchange of Blood-
Grouping Reagents lays down that 'The Contracting Parties shall take all the
necessary measures to exempt from all import duties the blood-grouping
reagents placed at their disposal by the other Parties';
Whereas only the Community is competent to grant derogations from the
application of the Common Customs Tariff in respect of autonomous or
conventional rates of duty;
Whereas the Secretariat-General of the Council of Europe proposes to
add to the said Agreement           an Additional Protocol which would enable
the European Economic Community to become a Contracting Party thereto
and thereby exercise its competence;
Whereas the                / draft Additional Protocol meets the requirements
                        /
                       ,/■               ,
of the European Economic Community ,
 ---pagebreak---                                     - 2 -
HAS DECIDED as follows :
                                 Article 1
The draft Additional Protocol to the European Agreement on the Exchange
of Blood-Grouping Reagents , proposed by the Secretariat-General of the
Council of Europe , is hereby approved on behalf of the Community .
The text of this Additional Protocol is annexed to this Decision .
                                 Article 2
The Commission shall infortn the Secretariat-General of the Council of
Europe that the Community has approved the draft Protocol referred
to i n Art i c le 1 .
                                       Done at Brussels ,
                             ι
                                       For the Council ,
                                       The President ,
 ---pagebreak---                             ADDITIONAL PROTOCOL
                        TO THE EUROPEAN AGREEMENT
ON THE EXCHANGE OF THERAPEUTIC SUBSTANCES OF HUMAN ORIGIN
The Member     States of the Council of Europe , Contracting Parties to the
European Agreement of 14 May 1962 on the exchange of blood-grouping
reagents (hereinafter called " the Agreement"),         ■»>
Having regard to the provisions of Article 5, paragraph 1 , of the Agreement ,
according to which "The Contracting Parties shall take all the necessary
measures to exempt from all import duties the blood-grouping reagents
placed at their disposal by the other Parties";
Considering that so far as the member States of the European Economic
Community are concerned , the undertaking to grant this exemption falls
within the competence of the Community , which possesses the necessary
powers in this respect by virtue of the Treaty which established it :
 Considering therefore that for the purpose of the implementation of Article
 5 , paragraph 1 , of the Agreement , it is necessary for the European Economic
 Community to be able to become a Contracting Party to the Agreement ,
                               t
 Have agreed as follows:
                                     Article 1
The European Economic Community may become a Contracting Party to the
 Agreement by signing it . In respect of the Community, the Agreement shall
 enter into force on the first day of the month following such signature.
 ---pagebreak---                                       - 2 -
                                    Article 2
1.    This Additional Protocol shall be open for acceptance by the
      Contracting Parties to the Agreement . It shall enter into force on the
      first day of the month following the date on which the last of the
      Contracting Parties has deposited its instrument of acceptance with
      the Secretary General oi; the Council of Europe .
2.    However , this Additional Protocol shall enter into force on the
      expiration of a period of two years from the date on which it has been
      opened for acceptance, unless one of the Contracting Parties has
      notified an objection to the entry into force . If such an objection has
      been notified, paragraph 1 of this Article shall apply.
                                   Article 3
From the date of its entry into force , this Additional Protocol shall form an
integral part of the Agreement. From that date, no State may become a
Contracting Party to the Agreement without at the same time becoming a
Contracting Party to the Additional Protocol .
                                   Article k
The Secretary General of the Council of Europe shall notify the member
States of the Council of Europe , any State having acceded to the Agreement
and the European Economic Community of any acceptance or objections
made under Article 2 and of the date of entry into force of this Additional
Protocol in accordance with Article 2 .
Done at Strasbourg , the             , in English ahd French , both texts being
equally authentic , in a single original which shall be deposited in the archives
of the Council of Europe . The Secretary General of the Council of Europe
shall transmit certified copies to each member State of the Council of
Europe , to any State invited to accede to the Agreement and to the European
Economic Community .
                           /