CELEX: 
Language: en
Date: 1974-03-27 00:00:00
Title: Council Decision of 21 March 1974 on the conclusion of an Agreement between the European Economic Community and the Republic of India on trade in coir products #Agreement between the European Economic Community and the Republic of India on trade in coir products

No L 82/ 16                       Official Journal of the European Communities                   27. 3 . 74
                                              COUNCIL DECISION
                                                 of 21 March 1974
             on the conclusion of an Agreement between the European Economic Community
                                and the Republic of India on trade in coir products
                                                   (74/146/EEC)
            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 Recommendation from the Commission;
            Whereas the Agreement on trade in coir products negotiated between the European
            Economic Community and the Republic of India should be concluded, and the
            Declaration of the Community should be approved,
            HAS DECIDED AS FOLLOWS :
                                                      Article 1
            The Agreement between the European Economic Community and the Republic of
            India on trade in coir products, is hereby concluded on behalf of the Community.
            The texts of the Agreement and of the Declaration are annexed to this Decision.
                                                      Article 2
            The President of the Council is hereby authorized to designate the persons empowered
            to sign the Agreement and to confer on them the powers required in order to bind the
            Community.
            Done at Brussels, 21 March 1974.
                                                                                 For the Council
                                                                                  The President
                                                                                     J. ERTL
 ---documentbreak--- 27. 3 . 74                          Official Journal of the European Communities                                  No L 82/ 17
                                                     AGREEMENT
           between the European Economic Community and the Republic of India on trade in
                                                      coir products
            THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
            of the one part, and
           THE GOVERNMENT OF THE REPUBLIC OF INDIA,
            of the other part,
           DESIROUS of ensuring an increasing use of coir products and the orderly development of trade
           in these products between the European Economic Community, hereinafter referred to as 'the
            Community', and India,
            NOTING the Joint Declaration of Intent on the development of trade relations with Ceylon,
           India, Malaysia, Pakistan and Singapore, annexed to the Final Act of the Treaty of Accession
           of the Kingdom of Denmark, Ireland, the Kingdom of Norway and the United Kingdom of
            Great Britain and Northern Ireland to the European Economic Community and the European
           Atomic Energy Community,
            CONSCIOUS of the provisions of the General Agreement on Tariffs and Trade,
           HAVE DECIDED, in a spirit of mutual cooperation, to conclude this Agreement:
                                                          Article 1
           This Agreement shall apply to manufactured coir products, originating in and coming
           from India, as defined in Article 2.
                                                          Article 2
           1 . Pending a solution within a multilateral context and as a means of extending its
           system of generalized tariff preferences, the Community shall apply autonomously to
           manufactured coir products originating in and coming from India, the duties of the
           Common Customs Tariff suspended in accordance with the rates and timetable indicated
           below :
                                                                                        Rate of reduction
                  CCT
                heading                          Description
                                                                                          to be applied
                   No
                                                                               1 . 1 . 1974          1 . 1 . 1975
                 58.02       Other carpets, carpeting, rugs, mats and mat­
                             ting, and 'Kelem', 'Schumacks' and 'Karamanie'
                             rugs and the like (made up or not):
                             A. Carpets, carpeting, rugs, mats and matting:
                                 I. Coir mats and matting, and tufted carpets,
                                    carpeting and rugs                           40%                   60 %
           2. In Denmark, Ireland and the United Kingdom, tariff adjustments resulting from
           the application of Paragraph 1 may be introduced gradually.
 ---pagebreak--- No L 82/ 18                         Official Journal of the European Communities                             27. 3 . 74
                                                        Article 3
            The Community shall not subject imports of the products listed in Article 2, originating
            in and coming from India, to new quantitative restrictions, and agrees to examine,
            together with the Republic of India, appropriate solutions to problems arising out of
            the current quantitative restrictions.
                                                        Article 4
            The Republic of India and the Community shall exchange all information that is of
            use to the Contracting Parties relating to trade in coir products.
                                                        Article 5
            The implementation of this Agreement shall not disrupt the normal trade channels
            between India and the Community for the products in question.
            Should one of the Contracting Parties inform the other that abnormal difficulties have
             arisen in connection with the use of normal trade channels, then the Contracting Parties
            shall consult each other on measures necessary to remedy the situation.
                                                        Article 6
             Subject to the policies of the Government of the Republic of India concerning the
             regulation of its exports according to its production situation and the external demand
             for the products defined above, the Republic of India agrees to take appropriate steps
             to ensure that the needs of the Community market and industries are met in a non­
             discriminatory manner.
                                                        Article 7
             A Joint Cooperation Committee shall be set up, and entrusted with the following:
             — the examination of any problem which may arise as a result of the implementation
                  of this Agreement ;
             — the investigation of possibilities, and the formulation of suggestions, in connection
                   with cooperation in the fields of research into and development of the production
                  and uses of coir products ;
             — the development of contacts between representatives of the coir trade and industries
                  of both India and the Community.
             The Joint Committee shall be composed of representatives both of the Republic of
             India and of the Community.
             The Joint Committee shall be convened upon the request of either Contracting Party
             and in any case at least once a year.
                                                         Article 8
             This Agreement shall enter into force on the first day of the month following the date
             on which the Contracting Parties have notified each other of the completion of the
             procedures necessary for this purpose (*). Subject to such amendments as may be
              (1) The date of entry into force of the Agreement will be published in the Official Journal of
                  the European Communities.
 ---pagebreak--- 27. 3 . 74                        Official Journal of the European Communities                    No L 82/ 19
           mutually agreed during its period of validity, the Agreement shall be valid until
           31 December 1975 .
                                                      Article 9
           This Agreement has been drawn up in two copies, in the Danish, Dutch, English, French,
           German, Italian and Hindi languages, each text being authentic.
           Udfærdiget i Bruxelles, den syttende december nitten hundrede og treoghalvfjerds
           Geschehen zu Brüssel am siebzehnten Dezember neunzehnhundertdreiundsiebzig
           Done at Brussels on the seventeenth day of December in the year one thousand nine
           hundred and seventy-three
           Fait à Bruxelles, le dix-sept décembre mil neuf cent soixante-treize
           Fatto a Bruxelles, addì diciassette dicembre millenovecentosettantatré
           Gedaan te Brussel, de zeventiende december negentienhonderddrieënzeventig
           For Râdet for De europæiske Fællesskaber
           Im Namen des Rates der Europâischen Gemeinschaften
           For the Council of the European Communities
           Pour le Conseil des Communautés européennes
           Per il Consiglio delle Comunità europee
           Voor de Raad der Europese Gemeenschappen
            For regeringen for Indien
            Für die Regierung Indiens
            For the Government of India
            Pour le gouvernement de l'Inde
            Per il governo dell'India
            Voor de Regering van India
 ---pagebreak--- No L 82/20                         Official Journal of the European Communities                              27. 3 . 74
                                                        ANNEX
            Declaration by the Government of the Republic of India relating to Article 2 of the Agreement
                                              on trade in coir products
            With reference to Article 2 of the Agreement on trade in coir products, the Government of
            the Republic of India declares that it has accepted the tariff suspensions as the first stage in
            the exemption of coir products from tariff duties in the Community, to be implemented as
            soon as possible and not later than 1 July 1977, within the framework of a bilateral or multi­
           lateral Agreement.
                                             Declaration of the Community
           The Community understands that the Government of the Republic of India levies a 15 % ad
           valorem duty on exports of coir yarns from India. The Community believes that this levy
           places the coir industry in its Member States at a disadvantage. This disadvantage has been
           computed at 6 % of the delivered cost of coir products.
           Should the export duties levied by the Government of the Republic of India move upwards or
           downwards, or should their adverse effect on the Community industry be offset by the impo­
           sition of an export duty on exports of coir manufactures, the Community would wish to
           recalculate the resulting disadvantage to the Community industry and use the residual tariff,
           to the extent necessary, as a means to neutralize it.
           Before any remedial action is taken, however, the Joint Cooperation Committee will discuss
           the matter and determine the necessity for such action.