CELEX: 51980PC0285
Language: en
Date: 1980-05-29
Title: Proposal for a COUNCIL REGULATION (EEC) on the conclusion of the Framework Agreement for cooperation between the European Economic Community and the Federative Republic of Brazil (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 285
Vol. 1980/0106
 ---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(80)285 final
                                                   Brussels , 29 May 1980
                            %
                 '>                · τθ\
        tå-
        f–3
               x • ,         v    PS
        R 'iS -■■   ;2
                                  ;-H
                                  r . :«• /
                                <  Si
                       %.      A v v
          ^.           -  -  κιν
          Xc-; ^
                                  Proposal for a
                            COUNCIL REGULATION ( EEC ?
on the conclusion of the Framework Agreement for cooperation between
the European Economic Community and the Federative Republic of Brazil
                ( submitted to the Council by the Commission )
C0M(80 ) 285 final
 ---pagebreak---                           EXPLAUATORY MEMORANDUM
1 . On 5 February 1980 the Council authorized the Commission to open
negotiations with Brazil for the conclusion of a framework agreement
on cooperation and. adopted the necessary negotiating directives .
Two rounds of negotiations took place , on 17 March and 15-17 April .
The French text of the Agreement between the European Economic Community
and Brazil was finalized on 17 April and initialled on 18 April , and the
two heads of delegation exchanged letters indicating their agreement
ad referendum to the content .
2.  The following texts were negotiated:
-   the Framework Agreement for cooperation between the European Economic
    Community and the Federative Republic of Brazil and the Annex on cocoa
            ►           1                                     .
    butter and soluble coffee ;
-   an exchange of letters on sea transport ;
-   a Protocol concerning commercial and economic cooperation between the
    European Coal and Steel Community and the ^federative Republic of
    Brazil .       1
Once the Agreement is signed the Commission will adopt a decision concluding
the Protocol on behalf of the EC SC .
The French versions of these texts have already been placed at the
disposal of the Member States' representatives on the Article 113 Committee .
 ---pagebreak---                                - 2 -
3.  The new Framework Agreement for cooperation , which replaces the
EEC-Brazil Trade Agreement in force since 1 Januaiy 1974 » takes over ,
subject to some slight changes of wording, the text on cocoa "butter and
soluble ooffee annexed to the 1974 Agreement .    In this connection
Brazil expressed its intention of continuing discussions with the
Community in the Joint Committee on improved access to the Community
market for these products ( plus " chocolate liquor") under the generalized
preferences system . ' The Commission stated that the Community had
no plans at present to alter the arrangements for these products as set
out in the Annex.    It also pointed out that tinder Articles 5 and 6 of
the Annex the Parties would /be able to discuss in the Joint Committee
any problems relating to the marketing of the products in question .
The exchange of letters on sea transport is also taken over from that
appended to the 1974 Agreement .
4»  The Commission considers that the Framework Agreement and Annex
thereto are in confomity with the directives adopted by the Council on
5 February and accordingly recommends that the Council initiate the
procedures for signing and concluding the Framework Agreement for
cooperation with Brazil .
5.  With a view to the conclusion and implementation of the Agreement , the
Commission herewith transmits to the Council a proposal for a regulation
concluding the Agreement and the Annex thereto .
 ---pagebreak---                  COUNCIL REGULATION (EEC )
on the conclusion of the Framework Agreement for cooperation between the
European Economic Community ^nd the Federative Republic of Brazil
THE COUNCIL OP THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Articles 113 and 235 thereof,
Having regard to the proposal from the Commission,
Having regard to the Opinion of the European Parliament ,
Whereas the conclusion "by the European Economic Community of the Framework.
Agreement for cooperation between the Federative Republic of Brazil and
the European . Economic Community appears necessary for the attainment of the
ends of the Community in the sphere of external economic relations:
whereas certain forms of economic cooperation provided for by the
Agreement exceed the powers of action specified in the field of the common
commercial policy,
HAS ADOPTED THIS REGULATION:                       . -
                             Article 1
The Framework Agreement for cooperation between the European Economic .
Community and the Federative Republic of Brazil is hereby approved on .
behalf of the European Economic Community.
                                                 »
                 'V*                                          '
The text of the Agreement is annexed to this Regulation .
 ---pagebreak---                              - 2 -
                         Article 2
Pursuant to Article IX of the Agreement , the President of the Council
shall give notification that the procedures necessary for the entry into
force of the Agreement have "been completed on the part of the European
Economic Community^.
                         Arti ni e. ì
This Regulation shall enter into force on the day following its public­
ation in the Official Journal of the European Communities .
This Regulation shall "be "binding in its entirety and directly
applicable in all Member States .
Done at Brussels ,                                 For the Council
                                                   The President
1
  The date of entry into force of the Agreement will "be published in the
  Official Journal of the European Communities .
 ---pagebreak---          FRAMEWORK AGREEMENT
for cooperation "between the European
Economic Community and . the Federative
         Republic of Brazil
 ---pagebreak--- THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
of the one part ,
and
THE GOVERNMENT OP THE FEDERATIVE REPUBLIC OP BRAZIL ,
of the other part ,                                                      !
                        /
INSPIRED by the friendly relations and traditional links "between the
Federative Republic of Brazil and the Member States of the European
Economic Community ;
RECOGNIZING that the European Economic Community and the Federative
Republic of Brazil desire to establish a direct link with each other which
will support , complement and extend the relations existing between the
Federative Republic of Brazil and the Member States of the European
Economic Community ;
RESOLVED to consolidate , deepen and diversify their commercial and economic
relations to the full extent of their growing capacity , so as to meet each
other*s requirements on the basis of mutual benefit and exploration of the
complementarity of their economies in a dynamic context ;
MINDFUL that the more dynamic trade relationship which both the European
Economic Community and the Federative Republic of Brazil desire calls for
cooperation in the field of commercial and economic endeavour ;
CONSCIOUS -that such cooperation is between equal partners but will take
into account their respective levels of economic development and the
Federative Republic of Brazil 's membership of the Group of 77 »
PERSUADED that such cooperation should be realized in evolutionary and
pragmatic fashion as their policies develop ;
DESIRING furthermore to contribute to the development of world trade in
order to promote stronger economic growth and social progresaj .
RECOGNIZING the value of a Framework Agreement for the furtherance of the
partners' economic growth and development objectives ;
 ---pagebreak--- HAVE DECIDED to conclude a Framework Agreement for cooperation between
the Federative Republic of Brazil and the European Economic Community and
to this end have designated as their Plenipotentiaries :
THE COUNCIL OF THE EUROPEAN COMMUNITIES
THE GOVERNMENT OF THE FEDERATIVE .REPUBLIC OF BRAZIL '
WHO , having exchanged their Full Powers , found in good and due form ,
HAVE AGREED AS FOLLOWS :
 ---pagebreak---                             Article I
                   Most -favoured-nation treatment
The Contracting Parties shall , in their commercial relations , accord each
other most-favoured-nation treatment in accordance with the provisions of
the General Agreement on Tariffs and Trade .
 ---pagebreak---                                     Article II
                             Commercial cooperation                       ~
 1 . The Contracting Parties undertake to promote the development and
 diversification of their reciprocal commercial exchanges to the highest
 possible level consistent with their respective economic situations .
 2 . To this end the Parties agree to study ways and means of overcoming trade
  barriers, in particular non-tariff and quasi-tariff barriers, taking into –
 account the work carried out "by international organizations in this field .
                           I                                                  ;
3 . In the conduct of their policies the Contracting 'Parties shall , each in
  accordance " with its legislation :
 (a) grant each other the widest facilities for commercial transactions
        in which either Party has an interest ;                         '   /
 ( b ) cooperate bilaterally and at the multilateral level in the solution
       of commercial problems of common interest , including those relating
       to commodities /; semi-manufactured and manufactured products;       - vi ;
 ( c ) take fully into account their respective needs and - interests
       regarding both access to and the further processing of resources
       and access to each Contracting Party 's market for the other Party 's
       semi-manufactured and manufactured products ;
■( d ) bring together economic operators in the two regions with the aim
       of diversifying and expanding existing trade flows ; "
 ( e ) study and recommend trade promotion measures likely to encourage
       the expansion of imports and exports .
                                                                    S .
 ---pagebreak---                                   Article III
                            Economic cooperation
1 . The Contracting Parties , in the light of their mutual interests and.
taking into account their long-terra economic aspirations , shall foster
economic cooperation in all fields deemed, suitable "by the Parties .
Among the objectives of such cooperation shall "be :
_ to encourage the development and prosperity of their respective industries ;
_ to open up new sources of supply and new markets ;
- to encourage scientific and technological progress ;
~ generally to contribute to the development of their respective economies
    and standards of living.
2 . As means to such ends , the Contracting Parties shall endeavour inter
alia to facilitate and promote by appropriate means :
(a) broad and consistent cooperation between their respective industries ,
       in particular in the form of joint ventures ;
(b ) greater participation by their respective economic operators in the
       industrial development of the Contracting Parties on mutually
       advantageous terms.;
(c)    scientific and technological cooperation ;
(d)    cooperation in the field of energy;
( e ) cooperation in the agricultural sector ;      «
(f)    favourable conditions for the expansion of investment on a basis of
       advantage for both Parties ;                        •
(g)    cooperation in respect of. third countries .
 ---pagebreak---                                 - 2 -
3*  The Contracting Parties shall as appropriate encourage the regular
exchange of information relating to commercial and economic cooperation .
4.  Without prejudice to the relevant provisions of the Treaties establishing
      Ψ
the European Communities , this Agreement and any action taken thereunder
shall in no way affect the powers of the Member States of the Communities
to undertake "bilateral activities with Brazil in the field of economic
cooperation and to conclude , where appropriate , new economic cooperation
agreements with that country.
 ---pagebreak---                               Article IV
                     Joint Cooperation Committee
1.  A Joint Cooperation Committee is hereby established , composed of
representatives of the Community and of Brazil .   It shall meet once a
year .  Additional meetings may be called by mutual agreement between
the Parties .
2.  The Committee shall promote and keep under review the various
commercial and economic cooperation activities envisaged between Brazil
and the Community .  Consultations shall be held in the Committee at an
appropriate level to facilitate the implementation of this Agreement and
to further its general aims .
 ---pagebreak---                               Article V
         <                 Other agreements
                       / ,
This Agreement replaces the Trade Agreement "between Brazil and the
European Economic Community which has been in force since 1 January 1974 *
Subject to the provisions concerning eoonomio cooperation in Article 111(4)
                                                                  4-
the provisions of this Agreement shall replace the provisions of agreements
concluded between Member States of the Communities and Brazil where such
provisions are either incompatible with or identical to the provisions of
this Agreement .
 ---pagebreak---                            Article VI
                  European Coal and Steel Community
A separate Protocol is agreed between the European Coal and Steel
Community and its Member States , on the one hand f and Brazil on the
other.
 ---pagebreak---                             Article VII
The Annex to this Agreement shall form an integral part thereof .
 ---pagebreak---                                 APUôls VIII   -
                            Territorial application
This Agreement shall , apply to the territories in whioh the Treaty
establishing the European Economic Community is applied and under the
conditions laid down in that Treaty , on the one hand , and to the
territory of the Federative Republic of Brazil , on the other hand *
 ---pagebreak---                           Article IX
                           Duration
1.    This Agreement shall enter into force on the first day of the
month following the date on which the Contracting Parties have noti
fied each other of the completion of the procedures necessary for
thi s purpose .                       -
    *           .                    /  -
2 . This Agreement is concluded for a period of five years . It shall
be renewed on a yearly basis unless one of the Parties denounces it
six months before the date of expiry .
 ---pagebreak---                                   Article  X
                             Authentic languages
This Agreement is drawn up in two copies in the Danish , Dutch ,
English , French , German , Italian and Portuguese languages , each
of these texts "being equally authentic .
 ---pagebreak---                                                ANNEX
                 -   COOPERATION REGARDING THE MARKETING OF                       -
                            COCOA BUTTER AND SOLUBLE COFFEE . R
  lie Community shall, in pursuance of its offer of generalized preferences as noticed
  to UNCTAD and in accordance with arrangements based on the conclusions reached
  within that body, suspend the Common Customs Tariff duties on the following
  products, originating in developing countries, and substitute the rate shown against
  each one;
       CCT                                                                          Rate of duty
    headme No
                                                Description
    ex 18.04        COCOJ butter ( fat or oil):
                    – cocoa butter                                                      8 */»
  : ' 21.02    .    Extracts, essences or concentrates of coffee, tea or mate;"
                    preparations with a basis of these extracts," essences or \
                    concentrate ^:
                   ex A. Extracts essences or concentrates of coffee; prepara­
                           tions with a basis of these extracts, .essences or
                          concentrates :                    *
                           – soluble coffee                                            9 »/.
 2-      rreterenti.il imports under pi>int 1 shall be limited to Community tariff quotas
 amounting, for 1974, to 21 600 "tonnes for cocoa butter falling within heading
 No ex 1S.04 and 18 750 "tonnes . for soluble coffee falling within tariff
 subheading 21.02 ex A. \                                                           ^•"7––-
 After the first year of application of the Agreement, the above quotas shall be
 increased annually, under the Community system of generali?ed preferences, on the
basis of the Community's needs and imports ; they may be amended for any changes
made in the list of countries to which that system applies.                     '
3.      If the Community finds that products to which the arrangements described in
point 1 . apply are imported into the Community in such quantities or at , such prices-
that these imports are or arc likely to be particularly harmful to the interests of
Community producers of like products or of products in direct competition, or if they
have adverse 'effect* on the situation in the associated countries, the Common
Customs Tariff dmies may be reiniposed in part or in whole for the products in
question in respect of the country or countries, or territory "or territories, where such
harmful effect originates. Such measures may also be taken in the event of serious
harm, or its likelihood, to a single region of the Community.          "  . -
4. . Brazil shall rake all appropriate steps to ensure that its policy regarding prices
and other conditions for, the marketing of cocoa butter ar.d soluble coffee disturbs
neither the internal market of the Community- nor its traditional patterns of trade.
                           . i '                     ■ _.     _ .
5.      In the context of ~thc trade cooperation provided- for in Article JI of "the
Agreement, lirii / il is prepared , within the Joint Committee established by the
Agreement, to undertake a periodic review of the effect on the Community market
of its export price policy for cocoa butter and soluble coffee.
6.      Should any difficulties arise in the implementation of the provisions of this
Annex , the two Parties will discuss them in the Joint Committee with a view to
finding mutually satisfactory solutions.                             ■ "
 ---pagebreak---                                       Exchange of letters on »ca transport
       1 Your Excellency, .     .                        '
          I have xhe honour to confirm the following :                  •     '          •
      , In view of the concern expressed by the European Economic Community and the
          Member States on the occasion of the negotiation of the Agreement "between
     ' the Community and Brazil , signed this day. as regards obstacles to trade resulting
          Irom sea transport conditions, it has , been agreed that mutually satisfactory solutions
          uill be sought as rcgarJs sea transport between Brazil and the Community and the
          Member States ..
         To this end , it has also been agreed that, at the first meeting of the Joint Committee,
    : the problems mentioned in the first paragraph, which could affect the development of
          reciprocal trade, will be examined with a view to ensuring the harmonious conduct
          of such trade.    ■     ■ .                                       .        -
          Please accept, Your Excellency, the assurance of my highest consideration. .
                                      ' •                    ,    .   ~ For the Council of the
                        , .                                      '    European Communities and'
                                                                          the Member States of
                                                             >                  the Community
  = ■ Sir , "' "
  i            '        "          .  \   .                , . ■    ■ ■             - •,
 j I have the honour to confirm the following:
         In view of the concern expressed by the European Economic Community and the
         Member States on the occasion of the negotiation of the Agreement between
        the Community and Brazil , signed this day, as regards obstacles to trade resulting
        from sea transport conditions, it has been agreed that mutually satisfactory solutions
 j will be sought as regards sea transport between' Brazil and the Community and the
! Member Stales . , -                                                             -
!                       "                                   "                               *
| To this end, it Ins also been agreed that, at the first meeting of the Joint Committee,
! the problem -- mentioned in- the first paragraph which could affect the development
I - of reciprocal trade, will be examined with a view to ensuring the harmonious
I conduct of such tradel
                                                                       *
        Please accept,' Sir , the " assurance of my highest consideration .
                              – r                   -                      For îbe Government
                                                                                of the Federative -
                                                                            Republic of Brazil
 ---pagebreak---                                  PROTOCOL
                        \
             concerning commercial and economic cooperation between '
             the European Coal and Steel Community and the Federative
             Republic of Brazil
THE COMMISSION OP THE EUROPEAN COMMUNITIES , ON BEHALF OF THE EUROPEAN COAL
AND STEEL COMMUNITY , AND
THE GOVERNMENT OF
of the one part , and
THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL,
of the other part ,   .
HAVE AGREED AS FOLLOWS :
                              Article 1
The provisions of Articles I to V inclusive of the Framework Agreement for
cooperation between the European Economic Community and the Federative
Republic of Brazil , signed in Brussels on          .'. ..    , shall also
apply in the matters covered by the Treaty establishing the European Coal
and Steel Community .                                                      ,
                              Article 2
This Protocol shall apply to the territories in which the Treaty
establishing the European Coal and Steel Communi'ty is applied and under
the conditions laid down in that Treaty , on the one hand , and to the
territory of the Federative Republic of Brazil , on the other hand .
                              Article 3
This Protocol shall enter into force on the first day of the month following
that in which the Contracting Parties have notified each other of the
completion of the procedures necessary for this purpose . It shall cease
to apply if the Framework Agreement referred to in Article 1 is denounced .
 ---pagebreak---                           /
                                   - 2 -
                                 Article 4
This Protocol is drawn up in two copies m the Danish , Dutch , English ,
French , German , Italian and Portuguese languages , each of these
texts "being equally authentic .
                        i
                        t