CELEX: 51975PC0207
Language: en
Date: 1975-05-07 00:00:00
Title: RECOMMENDATION FOR COUNCIL REGULATION ON THE TRADE ARRANGEMENTS WITH THE OVERSEAS COUNTRIES AND TERRITORIES ASSOCIATED WITH THE EUROPEAN ECONOMIC COMMUNITA (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 207
Vol. 1975/0075
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
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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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                                                     COM(75)207 final.
                                                     Brussels , 7 IVW 1975
                                            RECOMMENDATION FOR
                                  COUNCIL REGULATION ON THE           TRAD
                                  ARRANGEMENTS WITH THE OVERSEAS COUNTRIES
                                  AND TERRITORIES ASSOCIATED WITH T^S
                                      EUROPEAN ECONOMIC COMMUNITA
                             ( submitted to the Council "by the Commission )
               COîl( 7? ) 207 final .
 ---pagebreak---                               COMMISSION C OMMUNIC ATI ON TO THE COCHCIL
In its previous . communication concerning the Association of Overseas Countries
and Territories ( OCT), (COI-l(75 ) 133 final of .3 'April . 1975) i "tie Commission
recommended that the Coimcil approve the text of the Regulation on the Asso­
ciation of the OCT with the SEC at an early date in order that it may serve as
a basis for interim arrangements between the Community and the OCT from
1 July 1975 in respect of trade .                ;                          -
In view; of the nearness of this date , the Commission considers it necessary
to submit ta the Council, the following proposals concerning the OCT : .
1 .' For the""- purpose of the interim -trade arrangements , the Commission proposes
V. "' that the Council adopt the recommendation for a regulation annexed to this
       document . This recommendation contains the same trade provisions as in
       COM(75) 133 final , with the following changes :                   v       .X
       i        Article 4 and 5 have been merged to form Article 3 , and the Caribbean
                Community is explicitly mentioned in the first subparagraph . The Commission
                also .. proposes. - thai  ■■ this new formula be retained in the decision
                on the definitive arrangements .
 ;     ii To maintain a parallel with the advance implementation of the trade
          , , . provisions of the Lome Convention , the provisions of Articles 8 , 9
                and 11 in the Commission recommendation fo£' the definitive arrange–
    (       . ments would not be included in the interim arrangements . However , the
        . , _ Member States concerned could malce similar undertaJcings , which would
                be officially recorded in the Council Minutes .
 . , . iii .Annex 2 ( to , the Regulation) on origin is. the same as that which
         . . accompanies the. Commission recommendation for the definitive arragements .
       iv Anrex 3 ( to the Regulation) on safeguard measures includes provisions
                on emergency measures . The Commission makes "the same proposal for the
 - '            definitive arrangements . ■                             '
2 . As regards products within the province of the ECSC exported by the OCT ,
       the Commission proposes that the "Draft Decision of the Representatives
       of the Governments of the Member States of the ECSC meeting in the Council"
       which concerns the interim arrangements for the ACP be amended as follows :
 ---pagebreak---  - addition to - the title :       or in the Overseas Countries and Territories
    associated with the Community.              / '     \;
 - before the . phrase : " In agreement with the Commission", addition of the
    following: Whereas the Council Regulation (EEC )          of         on the
    interim trade arragements with the Overseas Countries and Territories asso­
    ciated with the European Eccnc mi o Community , hereinafter called "Countries
    and' Territories", does not apply to products T^ithin the province of the
   European Coal and Steel Community , and whereas the association arrangements
    should , however , "be extended to those products as from the present interim
   period ,
 - addition to Article 1 , after ..... the ACP States or in the Countries or
    Territories .                                          J             A-
 - Addition to Article 2 , after ...... trade in goods , and for the application
   ■of Council Regulation ( EEC 1) No ...... of         on the interim trade arrange­
    ments with the Overseas Countries and Territories associated with the European
   Economic Community
 As regards products covered by the common agricultural policy and exported by
    the OCT, the Commission proposes' the deletion of the square brackets enclos­
    ing references to the OCT in the proposal for • a regulation which it had
    transmitted to the Council on the "arrangements applicable- to certain agri­
    cultural and processed products originating in the ACP States or in the OCT.
    Although the Opinion of the European Parliament is not required , the Commis­
    sion Considers that the Parliament should be consulted on the recommendation
    for a regulation concerning the interim trade arrangements with the OCT.
    Financial repercussions                                      ^
    On the basis of the trade figures for 1971        197? and the application of
    the CCT, the customs duties which will not be charged will amount to
( between 6 and 8 million units of account' per year. ' '
 ---pagebreak---                        REC OTEENDATI ON FOR REGULATION ( EEC ) NO          of the Council
               . ' ,   of .        . on the interim trade arrangements with the
                       Overseas . Countries , and. Territories associated with the
                ,  . - European Economic Community .
 TEE COUNCIL 0? THE EUROPEAN CO^IUIJITIES , ;
 Having regard to the Treaty establishing the European Economic Community and
 in particular Article 136 thereof ;
 Having regard to the recommendation from the Commission $
 Having regard to the Opinion of the European Parliament
.Whereas the ACP-EEC Lome Convention between the African , Caribbean and Paci­
 fic States , hereinafter called the "ACP States ", and the European Economic
 Community was signed on 23 February 1975 J
 Whereas , when the Convention was signed , the Community and the ACP States agreed
 in an exchange of letters to apply autonomously 'from 1 July 1975 certain pro­
 visions of the Convention concerning trade in goods ;
 Whereas interim arrangements for trade in goods with all the Overseas Countries
 and Territories associated with the European Economic Community , hereinafter
 called "Countries and Tenitories ", should be established along the lines of
 those for products originating in the ACP States j
 HAS ADOPTED THIS REGULATION :                                           '
 Article 1
 1 . Subject to the provisions of paragraph 2 of this Article , products origin­
      ating in the Countries and Territories listed in Annex I shall be imported
      into the Community free of cistoms duties and charges having equivalent
      effect , but the treatment applied to these products may not be more
      favourable than that applied by the Member States among themselves .
 JL . 0JEC
 ---pagebreak---      For the purposes of the preceding subparagraph in respect of the treatment
     applied by the Member States among themselves , account shall not be taken
     of the customs duties and .charges , having equivalent effect applied pursuant
     to Articles 32 , 36 and 59 of the Act concerning the Conditions of Accession
     and the Adjustments to the Treaties .
2 . Products originating in the Countries and Territories :
     - listed in Annex II to the Treaty when they come under a common organiza­
       tion of the market within the meaning of Article 4o of the Treaty ; or
     - subject , on importation into the Community , to specific rules introduced
       as a result of the implementation of the common agricultural F&licyj
     shall be imported into the Community notwithstanding the general arrange­
     ments applied in respect of third countries , in accordance with the provi­
     sions of Regulation ( EEC ) No        of the Council of        on the arrange­
     ments applicable to agricultural and processed agricultural products origin­
     ating in the African , Caribbean and Pacific States or in the Overseas
     Countries and Territories    .
Article 2
1 . The Community shall not apply to imports of products originating in the OCT
     any quantitative restrictions or measures having equivalent effect other than
     those which the Member States apply among themselves .
2 . Paragraph 1 , however , shall not prejudice the import treatment applied
     to the products referred to in the first indent of Article 1(2 ).
3 . This Article shall not prejudice the treatment which the Community applies
    'to certain products in implementation of world commodity agreements to
     which the Community is signatory."''
1 . OJHC
 ---pagebreak---                                            - 3 -
  Article 3
  1 . Subject to the provisions of paragraph 2 of this Article and without pre­
       judice to the provisions governing the Caribbean Community, imports of­
                               .      .              *
       products originating in the Community or in other Countries and Territories
       shall normally be admitted into each country or territory free of customs
       duties and charges having equivalent effect and without quantitative restric­
       tions .
  2 . The authorities of a Country or Territory may, however , retain or introduce
       customs duties or quantitative restrictions required to meet the development
       needs of the Country or Territory , intended . to contribute to its budget ,
       or applied in the event of balance of payments difficulties ;
                 κ                 ·                                      . .
                                                                              , -
   ,, The "developments needs" of a Country or Territory means those arising
      •from :
       i      the împleraéntation of économie development programmes !
       ii     regional economic cooperation agreements , particularly those- establish­
              ing or aimed at establishing customs unions, or free trade areas between
              one or more third countries in the same geographical area and at a
              comparable stage of development ;
       iii the need to balance its payment sj ...                              «•,
      iv      the need to achieve an increase in its export earnings .
  Article 4
. Articles ,2 and 3 shall not preclude prohibitions or restrictions on imports ,
  exports or goods in transit justified on grounds of public morality, public
  policy or public security ? the protection of health and life of humans , ,
  animals and plants j ' the protection of national treasures possessing .artistic ,
  historic or archaeological value or the protection of industrial and commercial
  property .
  Such prohibitions or restrictions shall not , however , constitute a means of
  arbitrary discrimination or a disguised restriction on trade .
 ---pagebreak--- Article 5
1 . The trade arrangements applied by the Countries or Territories shall not
    give rise to any discrimination "between Member States , Countries or Terri­
    tories .
2 . In order to further regional cooperation the provisions of the preceding
    paragraph shall not preclude a Country or Territory from granting certain
    other Countries or Territories more favourable treatment than that accorded
    to the Community.                                         '  ,
3. Iff however , Countries or Territories apply the provisions of Article 4
    by retaining or introducing, fully or partially, customs duties and charges
    having equivalent effect , or quantitative restrictions and measures haying
    equivalent effect , the other Countries and Territories may abstain totally or
    partially from extending to such Countries or Territories . the treatment
    they apply in respect of the Community. At the reque «t of a Member State or
    the Commission consultations shall be held in the Council on the application
    of these provisions .
Article 6
1 . For the purposes of implementing this Chapter , the concept' of 'originating
    products 1 , and the methods of administrative cooperation relating thereto ,
    are laid down in Annex No 2 to this Regulation.
2 . The Council , acting 'unanimously on a recommendation from the Commission,,
    may adopt any amendment" to the Annex referred to in 'paragraph 1 .
3. If for any product .the concept of "originating products" has not been
    defined pursuant , to paragraphs- 1 or 2 , the Community and the authorities
    of the Countries and Territories shall continue to apply their own rules .
 ---pagebreak---                                       -5
Article 7
1 . If , as a result of applying the provisions of this Chapter , serious
    disturbances occur in a sector of the economy of the Community or of one
    or more of its Member States , or jeopardize their external financial
    stability , or if difficulties arise whi6h may 'result in a deterioration in
    a sector of the economy of a region of the Community, the Commission may
    take , op may authorize the Member State concerned to take , the necessary
    safeguard measures in accordance with the procedure specified in Annex No . 3 *
2 . If , as a result of applying the provisions of this Chapter , serious
    disturbances occur or are liable to occur in a sector of the economy of
    a Country or Territory , or jeopardize its external financial stability,
    the authorities of the Country or Territory concerned may . take the
    necessary safeguard measures .
    Such measures and the rules for their application shall be notified
    without delay to the Commission by the French Republic , the Kingdom of
    the Netherlands and the United Kingdom, each, for its part .
    The Commission shall inform the other Member States . At the request of
    a Member State or of the Commission there shall be . consultations on the
    measures within the Council .
3 . In the application of paragraphs 1 and 3 , preference shall be given to
    such measures as will least disturb the functioning of the Association
    and the Community. The scope of these measures must not exceed what i&
    strictly necessary to remedy the difficulties that have arisen .
Article 8
This Regulation shall enter into force on 1 July 1975 * I"t shall remain
applicable until the entry into force of the Regulation on the Association
of the Overseas Countries and Territories with the European Economic Community.
This Regulation shall be binding in its entirety and directly applicable in
all Member States .
Done at                                            For the Council ,
                                                   The President
 ---pagebreak---             '                     rAnnex. Mo- , 1' .( ip- the- Régulation) ....
  List of the Countries and Territories referred to by this
  Council . Regulation -
  1 . NETHERLANDS ■ . •         . .                                     '
         Surinam
     ' The Netherlands Antilles j
;        ( Aruba , Bonaire , Curaçao and St Maarten , Saba, St Eusta.tius)Y- ■
  2 . FRANCE          "■            ■- •"            "             '■          ■ .      « t. ■ i          ^
         Saint Pierre and Miquelon ,
     t. The Comoro Archipelago ,                  ■"■■■■:
       ' The Territoiy of the Afars and Issas , ; /
         New Caledonia and Dependencies ,                 ,    ,                      ■  ,
         Ylallis and Futuna Islands ,
         French Polynesia ,                            ~
         French Southern and Antarctic Territories.'                                 %
                                                                 .    .      1
  3 .: UNITED KINGDOM
    ; Belize ,                                     •                                                      ;
         Bermuda ,-          -•                                                                  , .. .  j ,
         Brunei ,     '•                                    •.            . .      •                 . .. . .
         Associated States in the Caribbe,an : Antigua , Dominica , 3t Lucia
                                                                     St Vincent , St Kitts-Nevis-
                                                                    Anguilla ,
         Cayman Islands»' "
      ■ Falkland Islands and Dependencies ,
         Gilbert and Ellice Islands , '
»        Central .and Southern Line Islands ,
         British Solomon Islands .
 ---pagebreak---                       -    6a -
Turks and Caicos Islands ,
British Virgin Islands .
Montserrat ,
Pitcairn ,                             .
St Helena and Dependencies ,
The Seychelles ,
British Antarctic Territory t
British Indian Ocean Territory .  '
Anglo-French Condominium of the New Hebrides
 ---pagebreak---                                    - 7 -
                       ABKE*: NO 2 ( to the Régulation )
     concerning the definition of the concept of "originating products'1
     and methods of administrative cooperation
This Annex is being transmitted separately and will also apply to tae
Recommandation for a Council Regulation on the Association of the
OCT with the ESC .