CELEX: 51973PC0385
Language: en
Date: 1973-03-09
Title: Draft decisions of the Representatives of the Governments of the Member States of the ECSC, meeting within the Council, on the opening of negociations with - Morocco, Tunisia, Algeria - Spain - Israel (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 385
Vol. 1973/0060
 ---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(73)385 final
                                                          Brussels . 9 March 1973
            Draft decisions of the Representatives of the Governments of
  the Member States of the ECSC , meeting within the Council , on the opening of
                                 négociations with
                        - Morocco , Tunisia , Algeria
                        - Spain
                        - Israel
                    ( submitted to the Council by the Commission)
    COM(73 ) 385 final
 ---pagebreak---                                                             1/34/73-E
                         Explanatory Memorandum
          In earlier Recommendations for Council Decisions^ the Commission
recommended that comprehensive Agreements "be concluded with Morocco ,
Tunisia , Algeria , Spain and Israel .
          The Commission recommended that ECSC products "be included in
the general trade arrangements when making its communication to the
        2
Council    concerning the relations "between the Community and the
Mediterranean countries , and this formed part of the general guidelines
which emerged from the Council meeting of 6 and 1 November 1972 .
          In view of the provisions of the ECSC Treaty governing
commercial policy , the Representatives of the Governments of the Member
States should include these products in the Commission * s terms of
reference , so that the Commission may negotiate the trade arrangements
with third countries for both ECSC and EEC products at the same time .
  Doc . COM(72;1212 final , 6 October 1972 , and 1540 final ,
    29 November 1972
2 Doc . SEC(72)3111 final , 27 September 1972 .
 ---pagebreak---                                                              1/ 34/7 3-E
            Draft Decision of the Representatives of the Governments of
            the Member States of the European Coal and Steel Community ,
            meeting within the Council , on the opening of negotiations
                            with Morocco , Tunisia and Algeria
The Representatives of the Governments of the Member States of the European
Coal and Steel Community , meeting within the Council ,
Having taken note of the communications of 14 June and 6 October 1972 from
the Commission to the Council ,
HAVE DECIDED AS FOLLOWS :         '
                                    Sole Article.'
1 . The Commission is invited to open negotiations , on behalf of the Member
    States , with Morocco , Tunisia and Algeria for the conclusion of trade
    agreements concerning products covered by the Treaty establishing the
    European Coal and Steel Community . The Commission shall conduct these
    negotiations in accordance with the directives given in the Annex ,
    subject to any later directives .
2 . The Commission shall be assisted in the application of this Decision
    by the Representatives of the Member States .
 ---pagebreak---                                                            1/34/7 3-E
                                      AMEX.                              ^
1 . Subject to any measures which might "be taken in application of Chapter X
of the Treaty establishing the European Coal and Steel Community , products
within the province of that Community should , in trade between the
Community and Morocco , Tunisia and Algeria , be accorded the same treatment
on importation as that accorded under the agreements t>oncerning produots
covered by the EEC Treaty which are to be concluded with these three
countries , provided however that !
                               '       f                         *  .
– to reduce the risks of deflection of trade in the ECSC sector , the ruleB
   of origin laid down in the agreements to be concluded by the EEC with
   Morocco , Tunisia and Algeria would apply subject to the necessary
   technical adjustments ;
– as regards safeguard clauses , arrangements similar to those contained in ;
   the ECSC agreement with Switzerland should be considered – in particular ,
   a safeguard clause guaranteeing a certain degree of protection against
   disturbances on the market due to the absence of price rules similar to
   those in the ECSC Treaty (Article 60 );      .         -i
– as regards the export of scrap , the Community reserves the right to
   apply , in cases of shortage , the same treatment to these countries as it
   applies at any given moment to third countries .
2.     General provisions
( a) Provision should be made for a termination clause similar to that
      incorporated into the agreements to be concluded by the EEC with
      Morocco , Tunisia and Algeria .
(b ) The agreement should not modify the provisions of the Treaty
      establishing the European Coal and Steel Community nor affect the
      powers and functions derived from that Treaty .
( c ) The agreement should be approved by each Member State of the Community
      in accordance with its own constitutional rules .
                                              1
 ---pagebreak---                                                             1/34/73-E
           Draft Decision of the Representatives of the Governments
           of the Member States of the European Coal and Steel
           Community , meeting within the Council , on the opening of
                            negotiations with Spain
The Representatives of the Governments of the Member States of the
European Coal and Steel Community , meeting within the Council ,
Having taken note of the communications from the Commission to the Council
of 27 September and 29 November 1972 concerning the Community 's relations
with the Mediterranean countries ,
HAVE DECIDED AS FOLLOWS :
                                 Sole Article
1.  The Commission is invited to open negotiations , on behalf of the Member
States , with Spain for the conclusion of trade agreements concerning
products covered by the Treaty establishing the European- Coal and Steel
Community at the same time as the negotiations for the conclusion of an
agreement concerning products covered by the EEC Treaty.' The Commission
shall conduct these negotiations in accordance with the directives given
in the Annex, subject to any later directives .
2.  The Commission shall be assisted in the application of this Decision
by the Representatives of the Member States .                r
 ---pagebreak---                                                              1/34/73-E
                                      AUÏÏEX
Trade
1.    Subject to any measures which' might be taken in application of Chapter X
of the Treaty establishing the European Coal and Steel Community , products
within the province of that Community should , in trade between the
Community and Spain , be accorded the same treatment on importation as that
accorded under the agreement concerning products covered by the EEC Treaty .
      However , as regards the removal by Spain of tariff barriers in respect
of the Community , customs duties should , in principle , be eliminated by
1 July 1977 .   Quantitative restrictions should also be abolished by
1 July 1977 .
      As regards the export of scrap , the Community reserves the right to .
apply to Spain the treatment in force at any given moment which it applies
to third countries .          (         •    ,
Pra.ce rules                                                        *
1.    Provision should be made for a special safeguard olause to prevent
prices charged by Spanish undertakings in respect of products covered by
the ECSC Treaty which are imported into the Community from endangering
the proper functioning of the common market as defined in the general
Articles and the price rules of the ECSC Treaty .
      This olause would authorize the Community to take any measures it
deemed necessary , and in particular the withdrawal of tariff concessions ,
to remove distortions and any difficulties created by different conditions
of competition .
 ---pagebreak---                                        •2-                  1/34/7 3-E
2.   If Spain, should apply to Spanish producers rules similar to those of
Article 60 of the ECSC Treaty , with due regard for those of Article "JQ f
in respect of transactions "both on the home market and on the Community
market , the Community would apply those rules to its own producers in
respect of sales in Spain .  Such "being the case , the special clause
described in paragraph 1 oould be reciprocal .    Its purpose would be to
remove distortions and difficulties resulting from the incorrect application
of the price rules .
General provisions
1.   The safeguard clauses provided for in the agreement between the EEC
and Spain should be applioable ; the legal form of these clauses and the
application thereof should take into account the peculiarities of the
ECSC Treaty .
2.   Provision should be made for a termination clause similar to that
incorporated into the agreement between the EEC and Spain »
3.   The agreement should not modify the . provisiois of the ECSC Treaty nor
affect the powers and functions derived from that Treaty .
4.   The agreement should be approved by each Member State of the
Community in accordance with its own constitutional rules .
 ---pagebreak---                                                           1/34/7 3-E
         Draft Decision of the Representatives of the Governments
         of the Member States of the European Coal and Steel Community,
         meeting within the Council , on the opening of negotiations
                                  ' with Israel
The Representatives of the Governments of the Member States of the
European Coal and Steel Community , meeting within the Council ,
Having taken note of the communications from the Commission to the Council
of 27 September and 29 November 1972 concerning the Community * s relations
with the Mediterranean countries ,                            .
HAVE DECIDED AS K»LLOWS :
                                   Sole Article
                                                                        vf' ' ,v
1 . The Commission is invited to open negotiations , on behalf of the
Member States , with Israel for the conclusion of an agreement concerning
products covered by the Treaty establishing the European Coal and Steel
Community at the same time as the negotiations for the conclusion of an
agreement concerning produots covered by the EEC Treaty ." The Commission
shall conduct these negotiations in accordance with the directives given
                \
in the Annex , . . subject to any later directives .
2.   The Commission shall be assisted in the application of this Decision
by the Representatives of the Member States .
 ---pagebreak---                                                            I/34/73-E
                                    AMEX
Trade
1.    Subject to any measures which might be taken in application of :
Chapter X of the Treaty establishing the European Coal and Steel Community ,
products within the province of that Community shouldfin trade between the
Community and Israel , be accorded the same treatment on importation as
that accorded tinder the agreement concerning products covered by the
EEC Treaty .
      The rules of origin to be provided for in the                  :  .
agreement between the EEC and Israel would also apply to trade in ECSC
products .
     A safeguard clause , similar to that provided for in the agreement
between the ECSC and Switzerland , should be considered - in particular ,
a safeguard clause guaranteeing a certain degree of protection against
disturbances on the market due to the absence of price rules similar to
those in the ECSC Treaty .
     As regards the export of scrap , the Community reserves the right to
apply , in cases of shortage , the same treatment to this country as it
applies at any given moment to third countries .
General provisions
1 . The safeguard clauses provided for in the agreement between the EEC
and Israel should be applicable ; the legal form of these clauses and the
application thereof should take into account the peculiarities of the
ECSC Treaty .
2.    Provision should be made for a termination clause similar to those
incorporated in the agreement between the EEC and Israel .
 ---pagebreak---                                      ■2-                  I/34/73-E
3 . The agreement should not modify the provisions of the Treaty establish­
ing the European Coal and Steel Community nor affect the powers and functions
derived from that Treaty .
4.   The agreement should be approved by each Member State of the Community
in accordance with its own constitutional rules ..