CELEX: 51981PC0148
Language: en
Date: 1981-04-03 00:00:00
Title: Recommendation for a COUNCIL DECISION on the conclusion of a voluntary restraint Agreement with Yugoslavia on sheepmeat and goatmeat (submitted to the Council by the Commission)

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DOCUMENTS "COM"
COM (81) 148
Vol. 1981/0036
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                             COM(81)148 final
                                                             Brussels , 3 April 1981
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                                Recommendation for a
                                  COUNCIL    DECISION
on the conclusion of a voluntary restraint Agreement with Yugoslavia on
                              sheepmeat and goatmeat
                ( submitted to the Council by the Commission )
C0MC81 ) 148 final
 ---pagebreak---                                                       Cs^ÍMÍ
                                 EXPLANATORY MEMORANDUM
1 . Pursuant to the Council directives of 20 December .1980 , the Commission
    held negotiations with non-member countries which are suppliers of
    sheepmeat and goatmeat or live sheep and goats with a view to concluding
    agreements on voluntary restraint of their export's to the Community .
  - The voluntary restraint agreements negotiated with Argentina , Australia ,
    Austria, Hungary, Iceland , New Zealand ,,- Poland , Romania and Uruguay have
    already been submitted to the Council for approval . '            '
                                       •                                i
2 . The Commission has now reached agreement with Ygoslavia as well , and it
    is therefore proposed that approval be given to the proposal for a Council
    decision on the conclusion of a voluntary restraint agreement with that
                         t
    country .
3 . The agreement covers the following annual quantities for the Community
    of Ten , expressed as carcase weight ( bone-in equivalent weight ) •:     '
                                 Live animals     Fresh or chilled meat    Frozen meat
            Yugoslavia   -          200 t v               4 800 t               0
 ---pagebreak---                                     Recommendation
                              FOR A COUNCIL DECISION
             on the conclusion of a voluntary restraint Agreement with
                       Yugoslavia on sheepmeat and goatmeat
                                 ν
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 Commission has opened negotiations with non-member countries
which supply sheepmeat and goatmeat or live sheep and goats , with a view to
                         *
reaching agreements for voluntary restraint on their exports to the Community;
Whereas the Commission has arrived at an Agreement with Yugoslavia ;
Whereas the said Agreement allows trade to be carried on in a manner compatible
with the common organization of the markets in the sector in question ,
HAS DECIDED AS FOLLOWS :
                                     Article 1
1 . The Agreement in the form of an exchange of letters on trade in sheepmeat
    and goatmeat        with Yugoslavia is hereby approved on behalf of the
    European Economic Community .
2 . The text of the Agreement is annexed to this Decision .
                                     Arti eie 2
The President of the Council is hereby authorized to designate the person
empowered to sign the Agreement referred to in Article 1 , in order to bind
the Community .
Done at                                                For the Counci I
                                                        The President
 ---pagebreak---                                          DRAFT
                              EXCHANGE OF LETTERS BETWEEN
THE EUROPEAN ECONOMIC COMMUNITY AND THE SOCIALIST FEDERAL REPUBLIC OF YUGOSLAVIA
                         ON TRADE IN SHEEPMEAT AND GOATMEAT
         I have the honour to refer to the negotiations recent Ly . undertaken
   between our respective delegations for the purpose of drawing up provisions
   concerning the importation into the European Economic Community of mutton ,
   Lamb and goatmeat and live sheep and goats other than pure-bred breeding
   animals from Yugoslavia in connectionwith implementation by the Community
   of the common organization' of the markets in sheepmeat and goatmeat .
         During the negotiations , the parties agreed as follows :
   1 . This Arrangement covers :
                                                                             *      Ν
       - live sheep and goats other than pure-bred breeding animals
         ( Common Customs Tariff subheading 01.04 8 );
       - fresh or chilled mutton , lamb and goatmeat
         ( Common Customs Tariff subheading 02.01 A IV a );
       - frozen mutton , lamb , and goatmeat ( Common Customs Tariff subheading 02.01 A IV b )
                                                                                  ./.
 ---pagebreak---  2 . Within this Arrangement , the scope for exports from Yugoslavia to the Community
      of the products refered to in paragraph 1 shall be fixed at the following
      annual quantities :                                         „
          200 tonnes of live animals , expressed in carcase weight bone-in ( 1 )
        4 800 tonnes of fresh or chilled meat , expressed in carcase weight bone-in ( 2 ).
      In order to ensure the smooth operation of the Arrangement , Yugoslavia undertakes
     to implement the appropriate procedures to ensure that the quantities actually
     exported annually do not exceed the above-mentioned figures .
3 . Should the Community invoke the safeguard clause , it undertakes to see that
     Yugoslavia 's access to the Community under the terms of this Arrangement is
     not affected .
4 . If imports from Yugoslavia in a given year exceed the agreed quantities , the
     Community reserves the right to suspend further imports from that country until
     the end of that year .
     Quantities exported in excess of these quantities shall be deducted from the
     quantities agreed for the following year .
5 . The Community undertakes to limit the levy applicable to imports of products
     covered by this Arrangement to a maximum amount of 10 % ad valorem .
     The Community will not charge , apart from the levy indicated above , customs
     duties or other taxes having equivalent effect to levies or to customs duties .
( 1 ) 100 kg live weight shall compound to 47 kg carcase weight ( bone-in equivalent
       weight ) ( 2 )                  -   " ■   ,
( 2 ) Carcase weight (bone-in equivalent weight ). By this term is understood the
       weight of bone-in meat presented as such as well as boned meat converted
       by a coefficient into bone-in weight . For this purpose 55 kg of boned mutton
       corresponds to 100 kg of bone-in mutton and 60 kg of boned lamb corresponds
       to 100 kg of bone-in lamb .
 ---pagebreak---                                              - 3 -
  6 . At the time of accession of new Member States , the Community, after
      consultation with Yugoslavia , will alter the quantities set out in
    . paragraph 2 , in accordance with Yugoslavia 's trade with each new Member state .
      The charges applicable " to imports for the said new Member States shall be
      fixed in accordance with the rules in the Treaty of Accession , the maximum
      level of the levy specified in paragraph 5 of this Arrangement being taken
      into account .
  7 . The Community will endeavour to avoid market developments which might hinder
      the sale on the Community market , up to the agreed quantities , of products
      from Yugoslavia covered by this Arrangement .                              '    ,
              «
- 8 . Having regard to the , aims and provisions of this Arrangement , the Community
      agrees that no refund or other form of aid to exports of mutton and lamb or , -
      live sheep and lambs for slaughter shall be given effect except at prices
      and on conditions meeting existing international obligations and in line
      with' the Community 's traditional share of the world export trade in those
      products . These terms must be interpreted in a manner compatible with
      Article XVI . of the General Agreement on Tariffs and Trade and in particular
      in accordance with Article 10(2 ) ( c ) of the Agreement on interpretation and
      application of Articles VI , XVI and XXIII of the General Agreement on Tariffs
      and Trade .
  9 . Yugoslavia shall ensure that this Arrangement is observed , in particular by
      issuing export licences covering the products referred to in paragraph 1
      within the limits of the quantities covered by this Arrangement .
 ---pagebreak---                                              - 4 -
       For its parts , the Community shall undertake to adopt all necessary provisions
      to make the issue of the import licence for the products referred to above ,
      originating in Yugoslavia , subject to the presentation of an export licence ,
      issued by the competent authority designated by Yugoslavia .
      Detailed rules for applying this system shall be laid down in such a way as
      to render unnecessary the lodging of a security for the issue of the import
  \
    ~ licence in respect of the products in question .
      Also, such detailed rules of application shall provide that the competent
      Yugoslav authorities shall communicate periodically to the competent
      authorities of the Community the quantities in respect of which import and
      export licences have been tssued , brok-en down , where appropriate , according
      to destination .
10 . An Advisory Committee shall be set up , composed of representatives of the
      Community and of Yugoslavia . The Committee shall supervise the correct
      application and smooth functioning of this Arrangement .
      It shall ensure that proper application of this Arrangement is not affected
      by the exportation to the Community of mutton . Lamb and goatmeat-based
      products falling under tariff headings not covered by this Arrangement .
      The Committee shall discuss all questions arising in connection with the
      application of this Arrangement and recommend appropriate solutions to the
      competent authorities .
11 . The provisions of this Arrangement are accepted without prejudice to the
      rights and obligations of the parties under GATT .
12 . The annual quantity fixed in paragraph 2 shall cover .the period 1 January
      to 31 December .                                         -   .
      The quantity to apply from the entry into force of this Arrangement until
      31 December of the same year shall be set as a proportion of the overall
      annual quantity and shall take account of the seasonal nature of the trade .
 ---pagebreak---                                         - 5 -
13 . This Arrangement shall apply, on'the one hand, to the territories in
     which the Treaty establishing the European Economic Community is
     applied and under the conditions laid down in that Treaty and , on the
     other hand , to the territory of the Socialist Federal Republic of
     Yugoslavia .
14 . This Arrangement shall enter into force on 1 January 1981 .
     It shall apply until 31 March 1984 , and subsequently remain in force subject
     to the right of either " of the parties to terminate it by giving one year 's
     notice in writing . In any event , the provisions of this Arrangement shall
     be reviewed by the two parties before 1 April 1984 , in order to incorporate
     in it any adaptations which they might jointly consider necessary .
     Formai close
           For the Commission                            For the Federal Executive
       of the European Communities                       Council of the Aseembly of
                                                         the Socialist Federal
                                                         Republic of Yugoslavia
 ---pagebreak---                                  DRAFT
            Exchange of letters constituting an Agreement concerning
            paragraph 2 of the exchange of Letters constituting an
            Arrangement between the European Economic Community and
            the Socialist Federal Republic of Yugoslavia on trade
            in sheepmeat and goatmeat
I have the honour to refer to the exchange of letters dated 13 February 1981
on trade in sheepmeat and goatmeat .
Further to that exchange of letters and to your request , I would advise you
that for the period 1 January 1981 to 31 March 1984 , there will be no
change in the traditional export flows of sheepmeat and goatmeat and
live sheep and goats from the Socialist Federal Republic of Yugoslavia
to those markets in the European Economic Community which are considered
sensitive .
The competent authorities of the Socialist Federal Republic of Yugoslavia
will adopt the necessary measures for this purpose .
                                                      For the Federal Executive
                                                      Cojjnci I of the Assembly of
                                                      the Socialist   Federal
                                                      Republic of Yugoslavia
 ---pagebreak---                     FINANCIAL                STATEMENT                          |
                                                                                § DATE t February 1981
| 1. BUDCCT LINS COHCLTC/ED t
Γ······*··!»··»*·"·*···»·**»*""
                                        100
   2. ACTIO;/ t Conclusion of a voluntary export restraint agreement with Yugoslavia in                                    |.
      the sheepmeat and goatmeat sector, limiting import charges to a maximum of                                           |
        10 % ad valorem on live animals and on' fresh or chilled meat .                                                    S
   3. LEGAL BASIS I ART.-113                                                       .. '                                     F
   4. OBJECTIVES t To limit the levy charged to a maximum ad valorem amount of 10 % for |
        products subject to Regulation (EEC ) No 1837/ 80, imported from Yugoslavia , wh,ich | .
I       undertakes to restrain exports to the levels indicated in box 5.2 .                                                 B
   5 . FINANCIAL CONSEQUENCE                   FOR THE MARKETING YEAR CURRENT FINANCIAL YEAR '    FOLLOWING FINANCIAL YEAR  S
                                                                             ( ■ '.)                      ( // )            1
   fDt&iiwzxxrxvi
          te'M                             ■ .
        XOMAXOOO XDOXFJFTXKXXK X»2C XJSÏO,
   5.1 RECEIPTS
        -OVffl RiSCURClS OP THE EC                                       - 980 000 ECU               - 1   176 000 ECU
          ( LEVIES/CUaTOyS DUTIESJ         '
        WWTKXIXIX
                                               YEAR                   YEAR         .1 ?P.4 ....   YEAR ..
   5.0.1 plw*           ratkkwxqfx os-smx                                       months )
   5.1 .1 PLURI ANNUAL PATTERN OK RECEIPTS              - 1 176 000 ECU           . - 490 000 ECU
   5.2 KETiiOD OP CALCULATION'     ( Base : world price : 2 400 ECU / t )
                                                     Fresh meat , loss              Live animals , loss
                                                     of revenue : 10 %              of revenue : 5 % against
                                                     against customs                customs duty applicable
                                                     duty applicable                until 20.10.80
                                                     unti I 20.10.80
   Yugoslavia : 200 tonnes live animals                                                       24 000 ECU
                     4 800 tonnes fresh meat ..                          1 152 000 ECU
   6.» FINAWpiHCTPOS^IBLE VUTH CREDITS^INSCRIBED Ili-RELEV^'T CHAPTER 0?"CURJli^'T BUDGET .?
   6.1 FINANCING POSSLBLK^ar TRANSFER B2IV2EIJ CHAPTERS OF CURRENT BUDCETv?                       Ν,
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                                                                                                    X
   6.2 NECESSITY FOR A SUFPLEI^'TARY BUDGET ?
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   6.^Çfi^i^ST0^^HRITJ^Ill^TOTUR3 BttljCSTS ?
   COfflBiTS t
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