CELEX: 31973D0182
Language: en
Date: 1973-06-18 00:00:00
Title: Council Decision of 18 June 1973 authorizing the tacit extension or continued operation of certain Treaties of Friendship, Trade and Navigation Treaties and similar Agreements concluded by the Member States with third countries

11 . 7. 73                               Official Journal of the European Communities                            No L 189 /47
                                                      COUNCIL DECISION
                                                          of 18 June 1973
              authorizing the tacit extension or continued operation of certain Treaties of Friend­
              ship, Trade and Navigation Treaties and similar Agreements concluded by the Member
                                                     States with third countries
                                                            (73/ 182/EEC)
THE COUNCIL OF THE EUROPEAN                                           Whereas the authorization to extend those provisions
COMMUNITIES,                                                          would go beyond the transitional period, without
                                                                      prejudice to other obligations devolving upon the
                                                                      Member States concerned under Community law ;
Having regard to the Treaty establishing the Euro­                    whereas such authorization does not affect the other
pean Economic Community, and in particular Article                    provisions of the relevant agreements ;
113 thereof;
                                                                      Whereas the Member States concerned have stated
Having regard to the Council Decision of 16 Decem­
ber 1969 (*) in particular Article 3 thereof, on the                  that the tacit extension or continued operation of
progressive standardization of agreements concerning                  these agreements would in no way debar the opening
commercial relations between Member States and                        of Community commercial negotiations with the rel­
third countries and on the negotiation of Community                   evant third countries, and whereas they are willing to
Agreements ;                                                          transpose the commercial questions covered by cur­
                                                                      rent bilateral agreements into such Community agree­
                                                                      ments as it is proposed to negotiate ;
Having regard to the Proposal from the Commission ;
Whereas     the    Council      Decisions    of   13   October        Whereas, following the consultation provided for in
                                                                      Article 2 of the Council Decision of 16 December
1970 (-'), 1 February 1971 ( 3 ) and 18 October 1972 (4)
authorized the tacit extension or continued operation                 1969, it was found, and confirmed by the abovemen­
                                                                      tioned statements from the Member States concerned,
of the Treaties of Friendship , Trade and Navigation
Treaties and similar Agreements concluded by the                      that the relevant bilateral agreements will not, during
                                                                      the proposed period of extension, hinder the imple­
Member States of the Community as originally con­
stituted ;
                                                                      mentation of the common commercial policy ;
Whereas the Kingdom of Denmark, Ireland and the                       Whereas, moreover, the Member States concerned
United Kingdom of Great Britain and Northern Ire­                     have stated that they would be willing to amend and ,
land requested authorization for the tacit extension                  if necessary, repudiate these Agreements should it be
or continued operation of provisions governing mat­                   found , during the proposed period of extension, that
ters covered by the common commercial policy                           the provisions thereof, relating to matters covered by
within the meaning of Article 113 of the Treaty and                   Article 113 of the Treaty, hinder the implementation
contained in the Treaties of Friendship, Trade and                    of the common commercial policy ;
Navigation Treaties and similar Agreements listed in
 the Annex, to avoid interrupting their trade relations
based on agreements with the relevant third countries ;               Whereas the Agreements involved contain repudi­
                                                                       ation clauses requiring a period of notice of between
                                                                      three and twelve months ;
 H    OJ No L 326, 29 . 12. 1969, p . 39.
 (-') OJ No L 231 , 20. 10. 1970, p . 7.                              Whereas there is thus no reason for not authorizing
 (»)  OJ No L 31 , 8 . 2. 1971, p. 18 .                                the tacit extension or continued operation, until 31
 (4 ) OJ No 250, 6. 11 . 1972, p . 5 .                                 December 1974, of the provisions in question ;
 ---pagebreak--- No L 189/48                       Official Journal of the European Communities                           11.7 . 73
HAS ADOPTED THIS DECISION :                                                        Article 2
                                                             This Decision is addressed to the Kingdom of Den­
                      Article 1                              mark, Ireland and the United Kingdom of Great Bri­
                                                             tain and Northern Ireland .
The provisions governing matters covered by the
common commercial policy within the meaning of               Done at Luxembourg, 18 June 1973 .
Article 113 of the Treaty and contained in the Treat­
ies of Friendship, Trade and Navigation Treaties and                                         For the Council
similar Agreements listed in the Annex hereto may be                                          The President
extended tacitly or continued in operation until
31 December 1974.                                                                              A. LAVENS
 ---pagebreak--- 11 . 7. 73                    Official Journal of the European Communities                      No L 189/49
                                                   ANNEX
          Member State          Third country                        Type of act               Date of the act
DENMARK                Arab Republic of Egypt          Temporary commercial agreement                   7. 5 . 1930
                       Austria                         Treaty of Commerce                               6 . 4 . 1928
                       Bolivia                         Treaty of Commerce                            9 . 11 . 1931
                       Brazil                          Temporary agreement of most favoured
                                                       nation treatment                              30 . 7. 1936
                       Bulgaria                        Arrangement regarding the reciprocal
                                                       application of most favoured nation
                                                       treatment (exchange of letters)         27. 7 . /5 . 8 . 1921
                       Burma                           Exchange of notes concerning the most   29.4.1948 and
                                                       favoured nation treatment                      17 . 4 . 1950
                       Chile                           Treaty of Commerce and Navigation                4 . 2 . 1899
                       China                           Provisional Treaty of Friendship and
                                                       Commerce                                     12 . 12 . 1928
                                                       Exchange of notes concerning this
                                                       Treaty                                         13 . 3 . 1929
                       Colombia                        Treaty of Commerce and Navigation              21 . 6. 1923
                       Costa Rica                      Treaty of Commerce and Navigation              26. 9 . 1956
                       Czechoslovakia                  Exchange of notes concerning commerce
                                                       and navigation                                 18 . 4 . 1925
                                                       Exchange of notes concerning the goods
                                                       treatment                                     26 . 8 . 1929
                       Dominican Republic              Treaty of Friendship, Commerce and
                                                       Navigation                                     26 . 7. 1852
                       El Salvador                     Treaty of Commerce and Navigation                9 . 7 . 1958
                       Finland                         Treaty of Commerce and Navigation                3 . 8 . 1923
                       Greece                          Convention of Commerce and
                                                       Navigation                                     22 . 8 . 1928
                       Guatemala                       Treaty of Commerce and Navigation                4 . 3 . 1948
                       Haïti                           Treaty of Commerce                          21 . 10 . 1937
                       Hungary                         Convention of Commerce and
                                                       Navigation                                     14.3 . 1887
                       Iran                            Treaty of Friendship, Establishment and
                                                       Commerce                                       20 . 2 . 1934
                       Israel                          Provisional Agreement ( Modus Vivendi)
                                                       of most favoured nation treatment in
                                                       matters of navigation and in any matter
                                                       regarding customs duties, etc.               14 . 11 . 1952
                       Japan                           Treaty of Commerce and Navigation               12 . 2 . 1912
                       Liberia                         Treaty of Friendship, Commerce and
                                                       Navigation                                     21 . 5 . 1860
                       Norway                          Treaty of Commerce and Navigation              2 . 11 . 1826
                       Paraguay                        Agreement on trade and navigation                3 . 5 . 1967
                       Peru                            Treaty of Commerce and Navigation               10 . 6 . 1957
                       Poland                          Treaty of Commerce and Navigation              22 . 3 . 1924
 ---pagebreak--- No L 189/50                 Official Journal of the European Communities                            11 . 7. 73
        Member State          Third country                            Type of act        Date of the act
DENMARK              Portugal                       Declaration of Commerce and
(confd)                                             Navigation                                    18 . 6. 1935
                                                    Additional declaration                       29 . 4 . 1966
                     Romania                        Exchange of notes concerning commerce
                                                    and navigation                               28 . 8 . 1930
                     Soviet Union                    Treaty of Commerce and Navigation            17 . 8 . 1946
                     Spain                          Convention of commerce and navigation           2 . 1 . 1928
                     Sweden                         Treaty of Commerce and Navigation            2 . 11 . 1826
                     Switzerland                    Treaty of Friendship, Commerce and
                                                    Establishment                                 10 . 2 . 1875
                     Thailand                       Treaty of Friendship , Commerce and
                                                    Navigation                                   5 . 11 . 1937
                                                    Exchange of notes                               9 . 3 . 1972
                     Turkey                         Treaty of Establishment, Commerce and
                                                    Navigation                                    31.5 . 1930
                     United States                  Treaty of Commerce and Navigation             1 . 10 . 1951
                     Uruguay                        Treaty of Commerce and Navigation               4 . 3 . 1953
                     Yugoslavia                     Declaration of Commerce                17./30 . 3 . 1909
                     Zaïre                          Trade Convention                              23 . 2 . 1885
IRELAND              Arab Republic of Egypt         Exchange of notes in regard to
                                                     Commercial Relations                   25 /28 . 7. 1930
                                                    Exchange of notes prolonging the
                                                     provisional commercial agreement of
                                                    25- /28 . 7 . 1930                            27. 2 . 1951
                     Brazil                         Exchange of notes in regard to
                                                     Commercial Relations                      16 . 10 . 1931
                     Costa Rica                     Exchange of notes in regard to         2 . 8 . 1933 and
                                                     Commercial Relations                           2 . 4 . 1934
                     Greece                         Exchange of notes in regard to
                                                     Commercial Relations                         15 . 5 . 1930
                     Guatemala                      Exchange of notes in regard to                    8 . 2, and
                                                     Commercial Relations                         10. 4 . 1930
                     Portugal                       Treaty of Commerce and Navigation          29 . 10 . 1929
                     Romania                        Exchange of notes in regard to
                                                     Commercial Relations                  1. /27 . 10 . 1930
                     South Africa                    Exchange of notes in regard to
                                                     Commercial Relations                         31 . 7. 1935
                     United States                  Treaty of Friendship, Commerce and
                                                     Navigation                                21 . 10 . 1950
                     Vietnam                         Exchange of notes in regard to
                                                     Commercial Relations                         1 . 12 . 1964
UNITED KINGDOM       Afghanistan                    Treaty of Friendship and Commerce          22 . 11 . 1921
                                                     Trade Convention                               5 . 6 . 1923
                                                    Exchange of notes                               6. 5 . 1930
                     Argentine                       Treaty of Amity Commerce and                   2 . 2 . 1825
                                                     Navigation
 ---pagebreak--- 11.7. 73                   Official Journal of the European Communities                         No L 189 /51
         Member State        Third country                          Type of act                Date of the act
UNITED KINGDOM        Bolivia                       Treaty of Commerce                                1 . 8 . 1911
(cont'd)              Burma
                                                    Treaty regarding the Recognition of
                                                    Burmese Independence and related
                                                    matters, with Exchange of Notes                17. 10 . 1947
                                                    Exchange of notes regulating commercial
                                                    relations pending the conclusion of a
                                                    new Treaty of Commerce and
                                                    N avigation                                    24 . 12 . 1949
                      Colombia                      Treaty of Friendship, Commerce and
                                                    Navigation                                      16 . 2 . 1866
                                                    Protocol applying the Treaty to certain
                                                    parts of the Dominions                          20 . 8 . 1912
                                                    Exchange of Notes                              30 . 12 . 1938
                      Costa Rica                    Treaty of Friendship, Commerce and
                                                    Navigation                                     27 . 11 . 1849
                                                    Protocol respecting the application of the
                                                    Treaty to certain parts of the Dominions        18 . 8 . 1913
                      Czechoslovakia                Treaty of Commerce with Declaration             14 . 7 . 1923
                      Finland                       Treaty of Commerce and Navigation              14 . 12 . 1923
                      Greece                        Treaty of Commerce and Navigation
                                                    and Declaration                                  16. 7 . 1926
                                                    Exchange of notes amending the Treaty
                                                    of 16. 7 . 1926                                 21 . 2 . 1951
                      Hungary                       Treaty of Commerce and Navigation               23 . 7. 1926
                      Iran                          Treaty of Peace and Commerce                      4 . 3 . 1857
                                                    Commercial Convention                             9 . 2 . 1903
                                                    Agreement modifying the Commercial
                                                    Convention                                      21 . 3 . 1920
                      Japan                         Treaty of Commerce, Establishment and
                                                    Navigation , with Protocols and
                                                    Exchanges of notes                             14 . 11 . 1962
                                                    Exchange of notes on voluntary Export
                                                    Control                                        14 . 11 . 1962
                      Liberia                       Treaty of Friendship and Commerce              21 . 11 . 1848
                                                    Agreement modifying the Treaty of
                                                    21 . 11 . 1848                                   23 . 7 . 1908
                      Morocco                       General Treaty                                   9 . 12 . 1856
                                                     Convention of Commerce and
                                                     Navigation                                      9 . 12 . 1856
                                                    Exchange of Notes concerning the
                                                     Convention of 9 . 12 . 1856                        1 . 3 . 1957
                       Muscat and Oman              Treaty of Friendship, Commerce and
                                                    Navigation with Exchange of letters            20 . 12 . 1951
                      Nepal                          Treaty of Peace and Friendship                30 . 10 . 1950
                      Nicaragua                      Treaty of Friendship, Commerce and
                                                     Navigation                                      28 . 7 . 1905
                      Norway                         Convention of Commerce and
                                                     Navigation                                      18.3.1826
                                                     Convention regarding the application of
                                                     the Convention of Commerce of 1826 to
                                                     the Dominions                                   16. 5 . 1913
 ---pagebreak--- No L 189 /52                 Official Journal of the European Communities                               11.7. 73
         Member State          Third country                         Type of act                Date of the act
UNITED KINGDOM          Peru                          Treaty of Friendship, Commerce and
(cont'd)                                              Navigation                                     10 . 4 . 1850
                                                      Agreement relating to Commerce and
                                                      Navigation (with Protocols and
                                                      Exchanges of notes)                            6 . 10 . 1936
                                                      Exchange of notes regarding the
                                                      continuance in force of Articles 4 and 5
                                                      of the commercial agreement of
                                                      6 . 10 . 1936                                  28 . 1 . 1950
                        Poland                        Treaty of Commerce and Navigation             26 . 11 . 1923
                        Portugal                      Treaty of Commerce and Navigation              12 . 8 . 1914
                        Romania                       Treaty of Commerce and Navigation
                                                      with Protocols and Exchange of notes             6 . 8 . 1930
                        Soviet Union                  Temporary Commercial Agreement                 16. 2 . 1934
                        Spain                         Treaty of Navigation and Commerce              9 . 12 . 1713
                                                      Treaty of Commerce                            14 . 12 . 1715
                                                      Treaty of Commerce                             5 . 10 . 1750
                                                      Treaty of Commerce and Navigation             31 . 10 . 1922
                                                      Convention revising certain provisions of
                                                      the 1922 Treaty and Exchange of Notes            5 . 4 . 1927
                                                      Exchange of Notes regarding
                                                      interpretation of Treaty of 1922                 6 . 2 . 1928
                                                      Exchange of Notes modifying the
                                                      Convention of 5 . 4 . 1927                     31.5 . 1928
                        Sweden                        Treaty of Peace and Commerce                   11 . 4 . 1654
                                                      Treaty of Commerce                             17. 7. 1656
                                                      Treaty of Peace and Commerce                  21 . 10. 1661
                                                      Treaty of Commerce and Alliance                  5 . 2 . 1766
                                                      Treaty of Peace Union and Friendship           18.7. 1812
                                                      Convention of Commerce and
                                                      Navigation                                     18.3 . 1826
                        Switzerland                   Treaty of Friendship , Commerce and
                                                      reciprocal Establishment                         6 . 9 . 1855
                                                      Convention applying the Treaty of 1855
                                                      to the Dominions                               30 . 3 . 1914
                                                      Exchange of Notes applying to
                                                      Liechtenstein commercial agreements in
                                                      force                                          26 . 4 . 1924
                        Thailand                      Treaty of Commerce and Navigation             23 . 11 . 1937
                        Turkey                        Treaty of Commerce and Navigation                 1 . 3 . 1930
                                                      Exchange of Notes relating to certain
                                                      commercial matters                             28 . 2 . 1957
                        United States                 Convention of Commerce                           3 . 7. 1815
                                                      Convention                                    20 . 10 . 1818
                                                      Convention of Commerce                           6 . 8 . 1827
                        Venezuela                     Treaty of Amity, Commerce and
                      -
                                                      Navigation                                     18.4 . 1825
                                                      Convention                                    29 . 10 . 1834
                                                      Exchange of Notes                                3 . 2 . 1903
                        Yemen                         Treaty of Friendship and Mutual
                                                      Cooperation with Exchanges of Notes            11.2 . 1934
                        Yugoslavia                    Treaty of Commerce and Navigation
                                                      with Exchange of Notes                         12 . 5 . 1927
                                                      Agreement on Trade and Payments               27 . 11 . 1936