CELEX: 51972PC1420
Language: en
Date: 1972-11-23
Title: Proposal for a Council Decision effecting the waiver of certain rights under the Agreement between the European Economic Community and Spain#Proposal for a Council Decision effecting the waiver of certain rights under the Agreement between the European Economic Community and Israel#Proposal for a Council Decision effecting the waiver of certain rights under the Agreement between the European Economic Community and Tunisia (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (72) 1420
Vol. 1972/0185
 ---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
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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,
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(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
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 ---pagebreak--- COMMISSION               OP    THE     EUROPEAN         COMMUNAUTIES
                                                 COM(72)1420 final
                                                 Brussels . 23 November 1972
                                 Proposal for a
                      Council Decision effecting the waiver
                      of certain rights under the Agreement
             "between the European Economic Community and Spain
                                  Proposal for a
                      Council Decision effecting the waiver
                      of certain rights under the Agreement
             between the European Economic Community and Israel
                                  Proposal for a
                      Council Decision effecting the waiver
                      of certain rights under the Agreement
              "between the European Economic Community and Tunisia
            ( submitted to the Council by the Commission )
 CCM(72 ) 1420 final
 ---pagebreak---                                                         1/222/72-E
                                                          Orig . F
                        Explanatory Memorandum
1 . At the 2Jrd session of GATT , the Contracting Parties recognized
that preferential tariff arrangements between developing countries
would contribute to the expansion of trade in these countries and to
the realization of the objectives of the General Agreement .
Sixteen countries have concluded negotiations to that effect , and five
of them , Greece , Turkey , Tunisia , Spain and Israel have also concluded
agreements of association or agreements for preferential treatment
with the Community . The Protocol governing trade exchanges between
developing countries was drawn up on 8 December 1971 and agreed by
the Governments concerned on 25 February 1972 .
On 26 November 1971 , the GATT 's Contracting Parties decided that* by
way of derogation from the provisions of the General Agreement , Parties
participating in the arrangements referred to in the Protocol should
be able to grant preferential treatment without being bound to extend
the same treatment to similar products imported from other Contracting
Parties .
2 . The agreements concluded with the Community provide that the
treatment applied by the countries concerned to products originating
in the Community shall in no case be less favourable than that applied
to products originating in the most-favoured third State .
The Committee considers that , in view of the Community 's position in
relation to GATT and within the institutions administering the
agreements , the necessary measures should be taken to enable the
Community to waive , in so far as is necessary , its rights under
Article Ml) of the Agreement with Tunisia and Article 5 of the
Agreements with Spain and Israel^ .
3.  The Commission therefore submits , as proposals to the Council , the
draft decisions annexed hereto .
    As regards Turkey , authority to disregard the most -favoured-nation
    clause when applying the Protocol signed at Geneva was granted to
    it by Decision No 1/72 of the Association Council .
 ---pagebreak---                                                      1/222/72-E
                          Proposal for a
                Council Decision effecting the waiver
            of certain rights under the Agreement
        between the European Eaospmio Community and Spain
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 proposal from the Commission ;
Whereas Article 5 of the Agreement between the Economic European
Community and Spain , signed on 29 June 1970 , provides that the treat­
ment applied by Spain to products originating in the Community shall
in no case be less favourable than that applied to products originating
in the most-favoured third State ;
Whereas Spain has , however , by Protocol of 8 December 1971 » under­
taken to apply preferential treatment in its trade relations with
developing countries ;
Whereas the Contracting Farties to GATT , by Decision of 26 November
1971j resolved not to involve the most -favoured- nation clause where
this might prejudice the preferential effect of concessions resulting
from the negotiations between developing countries ;
Whereas the Community should likewise , for the duration of the Protocol ,
waive its rights against Spain under Article 5 of the Agreement ;
HAS DECIDED AS FOLLOWS :
                             Sole Article
In respect of goods falling under the tariff headings listed in the
Annex , the Community waives its rights under Article 5 of the
Agreement between the European Economic Community and Spain , in so
far as these rights affect concessions made by Spain to developing
third countries pursuant to the Protocol of 8 December 1971 on
trade relations between developing countries .
 ---pagebreak---                                                                           1/222/72-E
                                                                          ANNEX
                                                                          SPAIN
Spanish Customs                      Description of goods                          I Rate of
Tariff heading                                                                       Réduction
 16.03                  Meat extracts and meat juices
               A        – in packages containing more than 5 kg                       75%       ;
 16.05 ex C             Preserved crabs and Norway lobsters                           60%
 17.0k         A      j Liquorice extract ( containing more by-
                        weight of sucrose )                                           ko%
               Β        Nougats and marzipan                                          k0%         1
 19.08                  Pastry , biscuits t cakes         and other fine
                        bakers' wares whether or          not containing
                        cocoa in any proportion           .                           \ •
             ' A        - wontaining no sucrose           or cocoa                    k0%      ■
               Β           rther                                           i           ko%
 22.09                  Ethyl alcohol , undenatured , of . a
                        strength of less than 80$ ; spirits ,
                        liqiifiura and other spirituous beverages ,
                        compound alcoholic preparations -
                        ( known as " concentrated extracts ") : for
                        the manufacture of beverages ...
               B ex 5   - Spirits , liqueurs and other .
                           spirituous beverages                           ;
                           – other                 '■ •                          '<
                                  " eau de vie" d' agare "                             37.5%
                                  " pisco "                                            J>7.%
 25.15         A        Marble , travertine ., ecaussine etc . of
                        an apparent specific gravity of 2.5, or                           <■
                        more
                    1   - Crude                  -                  •• .  1
                                                                           ■           20%
                    2   - Roughly split , roughly squared or
                            squared by sawing of a thickness;
                           ■( a)" exceeding 25 cms                      . j            20%     I
 28.55     ex B       I Phosphides
           ex B       I • Of copper                                                    37.5% , '
 29.04         B ex 3   Polyhydric alcohols                               \                    I
   . . «
                        - Pentaerythrol                 •   .   ■ -       ,            37.5%   ]
                                        '                     .           ?
         \
                                                                          î
 ---pagebreak---                                                -2-                  I/222/72-E
                                                                 SPAIN
Spanish Customs                       Description, of goods                Raté of
 tariff heading                                                            Réduction
féx 33.06                    Perfumery, cosmetics and toilet
                             preparations                                    37.5%
                             exjspecification to be determined
                                subsequently
    38.14       ;            Anti-knock preparations , oxidation
               '<            inhibitors, gum inhibitors , viscosity
                             improvers , anti-corrosive preparations
                             and similar prepared additives for
                             mineral oils
                  Β  . ■     - Other                                         20%
    kk.lk      .             Wood sawn lengthwise, sliced or peeled
                             but- not further prepared , of a thickness
                             not exceeding 5 n>m ; veneer sheets :and
                             sheets for plywood of a like thickness
                  Β          - Other                                         37.5%
    57.02    <    A          Manila hemp , - raw or processed but not
                             spun   .                                        20%
    58,02                    " Kelem", "Schumacks " and "Karamanie "     j
                             rugs and the like        '•                 !   37.5%
    69.05                    Roofing tiles , chimney pots , cowls ,
                             chimney liners , cornices and other         j
                             constructural goods , including
                             architectural ornaments
                  Β          Other                  ' . . :
           ;
                         I * - " enchapes " i-n ashlar      ♦                25%
    70.06 »       Β          Sheet glass , plate glass and slabs of
                             glass , polished , unwired                      37.5%
    71.13 .       A 1        Pinner sets in gold , silver or
                             platinum            -                           25%
                  Β 1        Articles of goldsmiths' or silversmiths'
                             wares , in gold , silver or platinum            25%
 ex 73.38 ;                  Articles of a kind commonly used for
                             domestic purposes and . sanitary ware for               i
                             indoor use
                             - of iron or steel                              37.5%
    8^.57 ex      A          Glass-working machines ( other than
                             machines for working glass in the
                             cold )                                          75%
          ex Β               - Other                                         75%
 ---pagebreak---                                         3-                   I/222/72-E
                                                       SPAIN
Spanish. Customs             Description of goods                 Rate or
tariff heading   I                                              J Reduction I
ex 84.61         J    Taps , cocks , valves and similar
                      appliances for pipes , boiler shells ,
                   I tanks , vats and the like , including
                      pressure reducing Yalves and
                      thermostatically controlled valves
                      - Valves for controlling fluids                 37.5%
   85.03              Primary cells and primary batteries             37.5%
   85.21   E  1       Other electronic lamps , tubes and
                      valves of a weight not exceeding
                      100 gras each                                   37.5%
              2       - Other                                         37.5%
   95.03   Β          Worked ivory in the form of finished
                   I articles ( including blanks therefor )
   95.05   A  2    I Worked horn in the form of finished
                      articles ( includ:! r_g blanks therefor )       37.5%
                    ί
 ---pagebreak---                                                          1/222/72-E
                                Propose for a
                   Council Decision effecting the waiver
              of certain rie-hts unâer the Agreement
         between the European Economic Community and Israel
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 proposal from the Commission ;
Whereas   Article 5 of the Agreement between the Economic European
Community and Israel , signed on 29 June 1970 , provides that the
treatment applied by Israel to products originating in the Community
shall in no case be less favourable than that applied to products
originating in the most-favoured third State ;
Whereas Isrenel, has , however , by Protocol of 8 December 1971 » under­
taken to apply preferential treatment in its trade relations with
developing countries ;
Whereas the Contracting Parties to GATT , by Decision of 26 November
1971 | resolved not to involve the most-favoured- nation clause where
this might prejudice the preferential effect of concessions resulting
from the negotiations between developing countries ;
Whereas the Community should likewise , for the duration of the
Protocol , waive its rights against Israel under Article 5 of the
Agreement ;
HAS DECIDED AS FOLLOWS :
                                Sole Article
In respect of goods falling under the tariff headings listed xn the
Annex , the Community waives its rights under Article 5 of the
Agreement between the European E&onoffliG Community and Israel , in so
far as these rights affect concessions made by Israel to developing
third countries pursuant to the Protocol of 8 December 1971 on trade
relations between developing countries .
 ---pagebreak---            #                                                 1/22 2/72-E
                                                               ANNEX
                                                               ISRAËL
           <
  Tariff No                     Goods          Concession             Remarks
   03.01          4011 "Tourik", chilled or    IL 1.04           No licence
                  frozen                       per kg
•  07 . 04        2000 Garlic , dried          IL 0.80           No licence
                                               per kg 1
                              *                + '1296 --
   08.01          ex 3090 Desiccated coconuts  IL 1.96           No licence
                                               per kg
                                               + 125* *
                                                    *
   08.03          2000 - Figs , dried          IL I.36           Licence as
                                               per kg            of right
                                               + 12.5#
   I3.O3          3000 Agar-agar                  18%
   15.04          ex 9990 Oils of fish              m
   24.01          ex 1000 Unmanufactured - •   IL 0 ; 80 '       Licence as
                  Virginia tobacco                               oï right
                                                                    I
EX31.03         | Superphosphates • ( single t    20%     '■
                I double or treble )           but not
              ;l                               less than "         ï
              ■i                               IL 0.045
                                               per kg              1
                                                                   I
   #   or a rate equivalent to 20/& depending on the rate of duties
       prevailing                                                             )
 ---pagebreak---                                            -2-                    1/222/72-E
                                                                              «
                                                                    ISRAEL
Tariff ; No      ^               Goods                  CConcession             Remarks
  39.01             est 10 HO Polyamides                     16%
  kZiOZ             Ex 9990             .                       * *  ' * \
      •  .1
            I       Travel goods ( for example ,
                    trunks , suit-cases , hat-boxes ,
               . travelling-bags , rucksacks ),
            j t shopping-bagjs , handbags ,
            [ satchels , brief-cases , wallets ,
                . purses , toilet-cases , tool-cases
                    tobacco-pouches , sheaths , cases ,
                    boxes ( for example , for arms ,
                    musical instruments , binoculars ,
                    jewellery , bottles , collars ,
                    footwear , brushes ) and similar
                    containers , of leather              IL 6.80
                                                         kg   + 8%
  kk.lk             ex 9990 Veneer sheets                IL 1.00             No licence
                                                         per kg            I
                                                         + 32.5#           j
  kk.Zb       >     Household utensils of
              } "Philippines " wood , mahogany               60%             No licence
              ! "Lauan" and " Tanguile " wood .
              } Standard lamps , table lamps
               ; and other lighting fit tings { . .
              ; articles of furniture not
              • falling , within Chapter 9 ^;
                    caskets , cigarette boxes , trays ,
                  ? fruit bowls , ornaments and other
                    fancy articles ; cases for
                    cutlery , for drawing instruments
                    or for violins , and similar
                    receptacles ; articles for
                    personal use or adornment , of
                    a kind normally carried in the
                    pocket ,, in the handbag or on
                    the person ; parts of the
                    foregoing articles , if made of
                    the following wood : mahogany ,
                    " Philippines ", " Lauan " and
                    " Tanguile " wood                       60%              No licence
 ---pagebreak---                                   3                       1/222/72-E
                                                             ISRAEL
Tariff No J          Goods                      Concessions
                                                                  I Remarks 1
 53.06      Yarn of carded sheep 's or          16$ + sur-
            lamb 's wool ( woollen vera ) ,     charge
            not put up for retail sale          IL 3.50
                                                kg +
                                                IL 0 . 8o/tf
                                            I
 53.07      Yarn of combed sheep 's or          16$ + sur-
            lamb 's wool ( worsted yarn ),      cnarge
            not put up for retail sale        I IL 3.50/tf
                                                kg +
                                                IL 0.80/
          I
                                             I
 ---pagebreak---                                                        1/222/72-E
                              Proposal for a
                Council Decision effecting the waiver
            of certain rights under the Agreement
       between the STsropcso Economic Community and Tunisia
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 proposal from the Commission ;
Whereas , by virtue of Article 4(1 ) of the Agreement establishing an
association between the Economic European Community and Tunisia
signed on 28 March 19^9 » provides that the treatment applied by
Tunisia to products originating in the Community shall in no case be
less favourable than that applied to products originating in the
most-favoured third State ;
Whereas Tunisia has , however , by Protocol of 8 December 1971 }
undertaken to apply preferential treatment in its trade relations
with developing countries ;
Whereas the Contracting Parties to GATT , by Decision of 26 November
1971 ) resolved not to involve the most- favoured -nation clause where
this might prejudice the preferential effect of concessions resulting
from the negotiations between developing countries ;
Whereas the Community should likewise , for the duration of the
Protocol , waive its rights against Tunisia under Article 4(1 ) of the
Agreement ;
HAS DECIDED AS FOLLOWS :
                              Sole Article
In respect of goods falling under the tariff headings listed in the
Annex , the Community waives its rights under Article k of the
Agreement establishing an association between the European Economic
Community and Tunisia , in so far as these rights affect concessions
made by Tunisia to developing third countries pursuant to the
Protocol of 8 December 1971 on trade relations between developing
countries *
 ---pagebreak---                                                      1/222/72-E
                                                     ANNEX
                                                     TUNISIA
Tunisian Customs     Description of goods                  Rate of
tariff heading                                             Réduction
  EX 01.02        Live animals of the bovine species
            Β     Bovine animals for slaughter                50%
  EX Ol.Off      Live sheep and goats
                 Sheep for slaughter                          50%
     30.03       Medicaments ( including veterinary-
                 medicaments )                                2D%
     70.03       Wrought bars , rods , angles , shapes
                 and sections of copper ; copper
                 wire                                        20%
  EX 73.21       Structures of iron or steel :
     7^.03       Towers containing transmission
                 cables                                      30#
     87.01       Tractors ( other than those falling
                 within heading No 87.07) whether or
                 not fitted with power take-offs ,
                 winches or pulleys                          20%
     90.17       Medical , dental , surgical and
                 veterinary instruments and
                 appliances ( including electro­
                 medical apparatus and ophthalmic
                 instruments )                               20%