CELEX: 51975PC0483
Language: en
Date: 1975-10-01
Title: Proposal for a Regulation (EEC) of the Council concluding the Agreement in the form of an exchange of letters relating to Article 3 of Protocol No 8 to the Agreement between the European Economic Community and the Portuguese Republic (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 483
Vol. 1975/0185
 ---pagebreak--- Disclaimer
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                           \
                                               COM(75)483 final.
                                               Brussels , 1 October 1975 »
            Proposal for a Regulation ( ESC ) of the Council
 concluding the Agreement in the form of an exchange of letters
 relating to Article 3 of Protocol No 8 to the Agreement "between
 the European Economic Community and the Portuguese Republic
                 ( presented by the Commission to the Council )
COM ( 75 ) i+8;5 final .
 ---pagebreak---                            EXPLANATORY MEMORANDUM
Article 3 of Protocol No 8 to the Agreement between the Community and Portugal
provides that pending the establishment of common rules for the importation of
preserved tomatoes , the duties on imports into the EEC of these products
originating in Portugal shall be reduced by }&/<> provided that Portugal observes
the conditions agreed upon in the exchange of letters – namely observance of a
minimum price for imports into the Community and an undertaking to exercise
voluntary restraint .  Moreover , Article 3 provides that upon the establishment
of common importation rules , the Community shall grant Portugal advantages
comparable to those resulting from the transitional arrangements .
The Common importation rules for preserved tomatoes fixing a minimum price
in respect of third countries entered into force on 1 September 1975 *
order to guarantee comparable advantages to Portugal , the Community has already
adopted a Regulation ( No 2148/75 of 14/ 8/ 1975 ) which lays down that the 30/6
tariff reduction shall be maintained in respect of Portugal subject to the
continued observance by that country of the voluntary restraint arrangements .
The purpose of the exchange of letters annexed to the draft Regulation is to
inform the Portuguese authorities that the tariff reduction is being maintained
and to confirm , for the rest of the current year , the voluntary restraint
volume agreed with Portugal "by exchange of letter's on 19 February 1975 *
 ---pagebreak---                REGULATION ( EEC ) No      /75 OF THE COUNCIL
                      OP
     concluding "the Agreement in the form of an exchange of letters
     relating to Article 3 of Protocol No 8 to the Agreement between
     the European Economic Community and the Portuguese Republic
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 in the form of an exchange of letters relating to
Artiole 3(2 ) of Protocol No 8 to the Agreement between the European Economio
Community and the Portuguese Republic signed in Brussels on 22 July 1972
should be concluded ,
HAS ADOPTED THIS REGULATION :
 ---pagebreak---                             Article 1
The Agreement in the form of an exchange of letters relating to Article 3
of Protocol No 8 to the Agreement between the European Economic Community
and the Portuguese Republic is concluded on "behalf of the Community .
The text of the letters is annexed to this Regulation.
                            Article 2
The President of the Council is hereby authorized to designate the person
empowered to sign the Agreement in the form of an exchange of letters referred
to in Article 1 , and to confer on him the powers he requires to enter into
an undertaking on behalf of the Community .
                            Article 3
This Regulation shall enter into force on the day following its publication
in the Official Journal of the European Communities .
This Regulation is binding in its entirety and directly applicable in all
Member States .
Done at                                               For the Council
                                                      The President
 ---pagebreak---               AGREEMENT
IN THE FORM OF AN EXCHANGE OF LETTERS
RELATING TO ARTICLE 3 OF PROTOCOL NO 8
       TO THE AGREEMENT BETWEEN"
   THE EUROPEAN ECONOMIC COMMUNITY
     AND THE PORTUGUESE REPUBLIC
 ---pagebreak---                                     - 4 -
                                LETTER No 1
                                                       Brussels .
                I
I have the honour to refer to the provisions of Article 3 of Protocol No 8
to the Agreement "between the European Economic Community and the Portuguese
Republic signed on 22 July 1972 .
Article 3 of Protocol No 8 lays down that pending the establishment of common
rules for the importation of tomatoes that have been prepared or preserved
otherwise than by vinegar or acetic acid of subheading No 20.02 C of the
Common Customs Tariff , the duties on imports into the Community of these
products originating in Portugal shall be reduced ty 30$ in accordance with
the conditions laid down in Article 6 of that Protocol , provided that the
conditions agreed upon in the exchange of letters are observed .   Upon the
establishment of common importation rules , the Community shall grant Portugal
advantages comparable to those resulting from these transitional arrangements .
The trade arrangements with third countries providing for the establishment
of common rules for imports of processed products with a fruit or vegetable
base entered into force on 1 September 1975 *  This being so , and in accordance
with the provisions of Article 3(2 ) of Protocol No 8 , the Community has
adopted measures granting Portugal advantages comparable to those previously
granted .
 ---pagebreak---  I have the honour to inform you that the Community reduces       "by 30$ the
duties on imports into the Community of tomatoes prepared or preserved
otherwise than ty vinegar or acetic acid of subheading No 20.02 C of the
Common Customs Tariff , provided that Portugal undertake to adopt all
necessary measures in order that the quantities of tomato concentrates
of subheading No 20.02 ex C of the Common Customs Tariff supplied to the
Community do not exceed a volume to "be determined annually .
In accordance with the exchange of letters of 19 February 1975 "the Portuguese
Government undertakes to adopt all necessary measures in order that the
quantities of tomato concentrates of subheading No 20.02 ex C supplied to
the Community in 1975 <1° no"t exceed 90 000 tonnes , comprising 28 000 tonnes
for the Community as originally constituted and a total of 62 000 tonnes for
Denmark , Iroland and the United Kingdom .
Moreover , the guarantees with regard to quantities and the technical
arrangements agreed between the "Junta Nacional das Prutas" ( National Fruit
Office ) and the Directorate-General for Agriculture of the Commission of the
European Communities remain valid .
                                                                           *
I should be grateful if you would kindly confirm the agreement of your
Government with the preceding two paragraphs .
Please accept ,                 , the assurance of ny highest consideration .
                                      On behalf of the Counoil
                                      of the European Communities
 ---pagebreak---                                       - 7 -
I have the honour to inform you that the Community reduoes       by 305b the
duties on imports into the Community of tomatoes prepared or preserved
otherwise than by vinegar or acetic acid of subheading No 20.02 C of the
Common Customs Tariff , provided that Portugal undertake to adopt all
necessary measures in order that the quantities of tomato concentrates
of subheading No 20.02 ex C of the Common Customs Tariff supplied to the
Community do not exceed a volume to "be determined annually .
In accordance with the exchange of letters of 19 February 1975 th® Portuguese
Government indertakes to adopt all necessary measures in order that the
quantities of tomato concentrates of subheading No 20.02 ex C supplied to
the Community in 1975 do not exceed 90 000 tonnes , comprising 28 000 tonnes
for the Community as originally constituted and a total of 62 000 tonnes for
Denmark , Ireland and the United Kingdom .
Xorcover , the guarantees with regard to quantities and the technical
arrangements agreed between the "Junta Nacional das Prutasw ( National Fruit
Office ) and the Directorate-General for Agriculture of the Commission of the
European Communities remain valid .
I should be grateful if you would kindly confirm the agreement of your
Government with the preceding two paragraphs ."
I have the honour to indicate the agreement of my Government with the content
of the foregoing .
Please accept .    , the assurance of ny highest consideration *
                                                   On behalf of the Government
                                                   of the Portuguese Republio