CELEX: 51980PC0708
Language: en
Date: 1980-11-13 00:00:00
Title: Recommendation for a COUNCIL DECISION authorizing the Commission to negotiate a supplementary protocol between the European Economic Community and Malta#Proposal for a COUNCIL REGULATION (EEC) extending the term of validity of the arrangements applicable to trade with Malta beyond the date of expiry of the first stage of the Association Agreement (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 708
Vol. 1980/0225
 ---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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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
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 ---pagebreak---  COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(80 ) 708 final
                                                       Brussels , 13 November 1980
                                    a
                              Recommendation for a
                                COUNCIL DECISION
authorizing the Commission to negotiate a supplementary protocol between
                   the European Economic Community and Malta
                                 Proposal for a          "       _
                            COUNCIL REGULATION ( EEC )
extending the term of validity of the arrangements applicable to trade
      with Malta beyond the date of expiry of the first stage of the
                             Association Agreement
                ( submitted to the Council by the Commission )
 C0M ( 80 ) 708 final
 ---pagebreak---                    Recommendation for . a Commission Communication
                   tc the Council, regarding the conclusion of a
                   supplementary protocol        between the
                   Community and "laiia from 1 January 1980
1.      The first stage of the Association Agreement between the Community
and Malta entered into force on 1 April 1971 and will expire on 31 December
1980 , after an initial extension of, 15 months in 1976 , and a second one
of three and a half years in 1977 .    According to the terms of the Agreement ,
the second stage , which ought to last five years , should include further ~
elimination of trade barriers between the Community and Malta and the adop­
tion by Malta of the Common Customs Tariff .       -
2.      In the course of contacts between . the Commission and the Maltese
authorities , it has become apparent that the Maltese Government , without
wishing to' prejudice the continuation of its relations with the , Community ,
is for the moment unable , .for political and economic reasons , to assume the
burden arising from the setting up of a Customs Union and consequently
wishes to remain under the present free trade system . '               .
        The extension of the first stage of the agreement should however in the
view of the Maltese authorities be accompanied by the improvement of the Com­
munity concessions in the industrial and agricultural sectors . Furthermore ,-   .  ,
Malta has requested that a new financial protocol be concluded .
         The Maltese Government wants the Community effectively to forgo the
application of safeguard clauses with regard, to Malta in the industrial sector ;
( above all for sensitive products such as textiles);it also wants a revewal of the
exemptions from the rules of origin ( they expired in 1979 ) for preserved mea.ts ,
 chocolate , intermediate frequency transformers , transistors and tape recorders ;
 and the' cumulation or origin rules with other Mediterranean countries as
 granted by the Community to the three Maghreb countries in their reciprocal
 relations .
                                                             B ■■/■ ■■
 ---pagebreak---                                             ■ 2 -
                  With regard to agriculture , in view of the naturally limited extent
     of its production , it requests ex&mption from duty on imports in the EEC of
    most of the products covered by the Association Agreement , the extension
    of the preference period for some of the other products ( 1 ), and lastly the
    granting of exemption for certain products not covered by the Agreement ( 2 ).
                                                                                 \
    3.           Ia view of the concern expressed by the Maltese Government , the
    Commission considers it advisable to meet its wish for a further extension
    of the provisions currently governing EEC-Malta trade relations .
               ~ The Commission transmits to the Council its proposals for negotia­
    tions with Malta , in Annex I hereto ,, and recommends that it adopt them as
    soon as possible .
    Autonomous interim arrangements
    4.           Pending the conclusion of the negotiations on the above bases ,
    the Commission considers that the current trade arrangements , which are
    due to expire on 31 December ^ should be extended unilaterally . To his end ,
    a draft regulation is attached hereto ( Annex II ).
    ( 1);New potatoes ; onions ; beans ; tomatoes ; sweet peppers; courgettes ;
          strawberries ; other live plants'; cut flowers ; foliage and branches .
■ - ( 2 ) Live rabbits ; rabbit meat ; battery chickens ; fresh saltwater fish ;
          crustaceans and molluscs ; natural honey ; cucumbers ; aubergines ; capers ;
          lemons ; fennel seeds ; seeds , fruit and spores , of a kind used for
          sowing ; grape juice .                             '
 ---pagebreak---                                                                ANNEX I
              RECOMMENDATION FOR A COUNCIL DECISION AUTHORISING THE    -
              COMMISSION TO NEGOTIATE A SUPPLEMENTARY PROTOCOL BETWEEN
                   THE EUROPEAN ECONOMIC COMMUNITY " AND MALTA
 THE COUNCIL OF    THE EUROPEAN COMMUNITIES ,,
 Having regard to the Treaty establishing the European Economic Community
 and   in particular Article 238 thereof ,
 Having regard to the recommendation from the Commission ,
 Whereas the trade arrangements between the Community and      Malta should
 be determined as from 1 January 1981 ,
 HAS DECIDED AS FOLLOWS :
                              Sole Article .
          The Commission is   hereby authorized to open negotiations with -
 Malta for the purpose of concluding a supplementary protocol to the
 Association Agreement between the European Economic Community and that v
^country .   These negotiations shall be conducted in accordance with, the
 directives annexed hereto and subject to any further directives , in
 consultation with the representatives of the Member States ,
 ---pagebreak---                                                               ANNEX
                            NEGOTIATING DIRECTIVES
     SUPPLEMENTARY PROTOCOL TO THE ASSOCIATION AGRiiMSNT BETWEEN
         THE EUROPEAN ECONOMIC COMMUNITY AND MALTA
        The supplementary protocol would extend the provisions currently
 governing the first stage of the Association Agreement until 30 June 1984 .
        Twelve months before the first stage expires , negotiations would
be opened to determine the content of the second stage , in accordance
with the provisions of the agreement .
 ---pagebreak---                         EXPLANATORY MEMORANDUM
                 on the extension of the provisions v
             governing the first stage of the Agreement    -
        establishing an association between the European Economic
                     Community and Malta .
1.      The provisions governing the first stage of the agreement with
Malta and those of the Protocols concluded with that country are due to
expire on 31 , December 1980 .
2.       It will not be possible to complete the negotiations to be under­
taken with Malta to determine the trade arrangements as from 1 January -
1981   in time for the arrangements to enter into force on that date .
3.      Consequently , in order to avoid a legal vacuum in the Community 's
relations with Malta , the Commission proposes that the Council adopt the
draft regulation unilaterally extending the provisions governing the first
stage of the agreement with Malta until the entry into force of a supple­
mentary protocol or unti I 30 June 1981 , whichever is . the earlier .
4.      The arrangements to be applied by the Community toxards Malta after
Greece 's accession cannot be included in this profond because of delays
in the negotiation of an adaptation and transitional protocol . The Commission
intends however to submit to the Council a proposal regarding this
matter in the near future .                                     <
 ---pagebreak---                                  Proposal for a
                        •   COUNCIL REGULATION ( EEC )
                extending the term of validity of the arrangements
          applicable to trade with. Malta beyond the date of expiry of
              the first stage: of the Association Agreement
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 the provisions governing the first stage of the Agreement
establishing an association - between the European Economic Community
and Malta ( 1 ), including the Protocol laying down certain provisions
relating to the Agreement establishing an association between the „
European Economic Community and Malta ( 2 )         and the Additional Protocol
to the agreement establishing an association between the European
Economic Community and Malta ( 3),expire on 31 December 1980 ;
Whereas it has not been possible , within the time limit laid down, to
hold negotiations to determine the trade arrangements with Malta after
31 December 1980 ;                                         '
Whereas , pending the completion of          such negotiations , the arrangements
which the Community applies to trade with Malta under the association with
that country should be extended so as to avoid the sudden disruption of
certain traditional trade patterns ,
HAS ADOPTED THIS REGULATION :              '
 ( 1 ) 0J No . L61 , ,14.3.1971 , p.2    "
 ( 2 ) 0J No . L 111 , 28.4.1976 , p. 3
 ( 3 ) 0J No . L 304 , 29.11.1977 , p. 3
 ---pagebreak---                               Article 1
         The trade arrangements provided for in the Agreement establishing
an association between the European Economic Community and Malta , including
the Protocol laying down certain provisions relating to the Agreement , and
the Additional Protocol to that Agreement shall remain applicable in the
       /
Community until 30 June 1,981 .
                              Article 2
         This Regulation shal4 enter into force on the day following its
publication in the Official Journal of the European Communities .
         It shall apply with effect from 1 January 1981 .    ;
         This Regulation shallbe binding in its entirety and directly
applicable in all Member States .
Done' at Brussels ,      •
                                              For the Counci I
                                               The President