CELEX: 51982PC0192
Language: en
Date: 1982-04-16 00:00:00
Title: Recommendation for a COUNCIL DECISION concerning the acceptance of a draft Additional Protocol to the Agreement on the temporary importation, free of duty, of medical, surgical and laboratory equipment for use on free loan in hospitals and other medical institutions for purposes of diagnosis or treatment (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (82) 192
Vol. 1982/0060
 ---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(82)192 final
                                                      Brussels, 16 April 1982
                               Recommendation for a
                                 COUNCIL DECISION
    concerning the acceptance of a draft Additional Protocol to the
    Agreement on the temporary importation, free of duty , of medical ,
    surgical and laboratory equipment for use on free loan in hospi­
    tals and other medical institutions for purposes of diagnosis or
                                     treatment
                                                      vV
                                                    A,V                S, s*
                                                      y       r         y r>\
                                                  fc\            -   m     ; \
                                                  N <]          ■ - -s
                                                  U>               -
                                                  ^                      Si
                  ( submitted to the Council by the Commission )"      <^\/
¥
I'
    COM ( 82 ) 192 final
              J
 ---pagebreak---                                                       «si à A ,
                    EXPLANATORY MEMORANDUM
By its Decision of 25 June 1979 , the Council author " :d the
 Commission to conduct , within the Council of Europe,      ~otiations
with a view to adding a protocol to the Agreement on t i      temporary
 importation, free duty/ of medical , surgical and laboratory equipment
for use on free loan in hospitals and other medical institutions for
purposes of diagnosis or treatment so that the European Economic
Community could become a Contracting Party to that Agreement .
The grounds for this decision comprised the fact that the Agreement
 in question lays down that each Contracting Party which has
sufficient stocks for its own needs will make medical , surgical
and laboratory equipment available on free Loan to such other
 Contracting Parties as may , in exceptional circumstances , have
urgent need of it , such equipment having to be subsequently
 returned, and the fact that Article 2 Lays down the length of
the period of temporary importation and stipulates the benef iciairies
of these Arrangements ,
 In practice , this means that the Member States are waiving the
 application of Common Customs Tariff duties on the equipment
 in question .                              j
                                           I
 The Secretariat of the Council of Europe will submit this draft
 Additional Protocol for approval by the Committee of Ministers
 of that organization provided the draft has received the prior
 approval of the EEC Council of Ministers .   It would like to be
 able to . submit the draft at a meeting to be held in May this year .
 Once the addition of this Protocol has been decided on by the
 Committee of Ministers of the Council of Europe , the European
 Community may become a Contracting Party to the Agreement .
 Consequent ly, the Commission recommends that the Council accept
 the draft Additional Protocol to the Agreement on the temporary
 importation, free of duty, of medical , surgical and laboratory
 equipment for use on free loan in hospitals and other medical
 institutions for purposes of diagnosis or treatment and that
 it authorize the Commission to inform the Secretariat cf the
 Council of Europe of such acceptance ( Annex I ).
 ---pagebreak--- As soon as this Additional Protocol has been adopted by the
Committee of Ministers of the Council of Europe ( probably in
the second half of 1984 ), the Commission will recommend that
the Council of Ministers of the Community should approve, on
behalf of the Community, the Agreement on the temporary impor­
tation, free of duty, of medical^surgical and laboratory
equipment for use on free loan in hospitals and other medical
institutions for purposes of diagnosis or treatment .
 ---pagebreak---                                                             ANNEX    I
                      Recommendation for a
                        COUNCIL DECISION
              concerning the acceptance of a draft
Additional Protocol to the Agreement on the temporary importat • hi,
free of duty, of medical , surgical and laboratory equipment for use
on free loan in hospitals and other medical institutions for
purposes of diagnosis or treatment
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community,
Having regard to the Recommendation from the Commission,
Whereas the Agreement on the temporary importation, free of duty , of
medical , surgical and laboratory equipment for use on free loan in
hospitals and other medical institutions for purposes of diagnosis
or treatment , which was drawn up on the initiative of the Council
of Europe , is designed to make it easier for Member States of that
organization to import medical , surgical and laboratory equipment
loaned in exceptional circumstances by other Member States , on
condition that the said equipment is re-exported;
Whereas one of the conditions necessary to ensure this cooperation,
which aims to satisfy the most urgent needs of the people of the
Member States concerned, is to allow this equipment temporary exemption
from import duties and import taxes , on condition that it is required
for hospitals and other medical institutions , as provided for in
Articles 1 and 2 of the Agreement ;
Whereas any decision to grant temporary exemption from customs duties
under an agreement must take account of the requirements peculiar to
the Customs Union and in particular of the existence of the Common
Customs Tariff ;
 ---pagebreak---                                                                       2.
Whereas any derogation from the Common Customs Tariff , whether by
ciniLateral measures or by treaty , is the sole responsibility of the
Community ;
Whereas the Secretariat of the Council of Europe has proposed that an
Additional Protocol be added to the Agreement in question to enable the
European Economic Community to become a Contracting Party to that
Agreement so that it may exercise its powers in that field ;
Whereas the draft Additional Protocol meets the requirements of the
European Economic Community ,
HAS DECIDED AS FOLLOWS
 ---pagebreak---                                 Article    1
The draft Additional Protocol to the Agreement on the tempore;":*'
importation,, free of duty , of medical , surgical and laboratory
equipment for use on free loan in hospitals and other medical
institutions for purposes of diagnosis or treatment , as proposed
by the Secretariat of the Council of Europe , is hereby approved on
behalf of the Community .
The text of the said draft Additional Protocol is annexed to this
Decision .
                               Article   2
The Commission shall inform the Secretariat of the Council of
Europe of the approval     by the Community of the draft Protocol
referred to in Article 1 .
Done at Brussels ,
                                           For the Council
                                             The President
 ---pagebreak--- ADDITIONAL PROTOCOL TO THE AGREEMENT ON THE TEMPORARY IMPORTATION ,,
 FREE OF DUTY /, OF MEDICAL , SURGICAL AND LABORATORY EQUIPMENT FOR
USE ON FREE LOAN IN HOSPITALS AND OTHER MEDICAL INSTITUTIONS FOR
PURPOSES OF DIAGNOSIS OR TREATMENT .
The Member States of the Council of Europe , Contracting Parties to
the Agreement of 28 April 1960 on the temporary importation, free
of duty, of medical , surgical and laboratory equipment for use on
free loan in hospitals and other medical institutions for purposes
of diagnosis or treatment ( hereinafter referred to as " the Agreement "),
Having regard to     Articles 1 and 2 of the said Agreement , which lay
down that this type of equipment may , under certain conditions , be
temporarily imported free of duty ,
Whereas so far as the Member States of the European Economic
Community are concerned, the granting of such an exemption must in
particular take account of the existence of the Common Customs
Tariff set up . by those States ; whereas any derogation from the
Common Customs Tariff falls within the competence of the European
Community , which possesses the necessary powers in this respect by
virtue of the Treaty which established it ;
Whereas , for the purposes of implementation of Articles 1 and 2
of the Agreement , it is therefore necessary for the European
Economic Community to be able to become a Contracting Party to
the Agreement ,
HAVE AGREED AS FOLLOWS :
 ---pagebreak---                              Article   1
The European Economic Community may become a Contracting Pi i y to the
Agreement by signing it .   In respect of the Community, the Agreement
                                                 I
shall enter into force on the first day of the month following Lhe date
of such signature .                              1
                             Article   2
1 . This Additional Protocol is open to acceptance by the Contracting
    Parties to the Agreement .  It shall enter into force on the first
    day of the month following the date on which the last Contracting
    Party deposits its instrument of acceptance with the Secretary
    General of the Council of Europe .
2 . This Additional Protocol shall however enter into force at the
    end of a period of two years from the date on which it becomes
    open to acceptance, unless any Contracting Party communicates
    an objection to its entry into force .  In that event , the first
    paragraph of this Article shall be applied .
 ---pagebreak---                                                                          6.
                               Article   3
  From the date of its entry into foce , this Additional Protocol shall
 form an integral part of the Agreement . From that date , no State may
 become a Contracting Party to the Agreement without at the same time
 becoming a Contracting Party to the Additional Protocol .
                             Article   4
 The Secretary General of the Council of Europe shall notify the Member
 States of the Council of Europe , any State having accededto the
 Agreement and the European Economic Community of any acceptance or
 objection under Article 2 and of the date of entry into force of
 this Additional Protocol in accordance with Article    2.
 The Secretaray General shall also notify the European Economic
 Community of any act , notification or communication relating to
 the Agreement .
Done at Strasbourg , this                         , in English and
French , both texts being equally authentic , in a single original which
shall be deposited in the archives of the Council of Europe .
The Secretary General of the Council of Europe shall transmit
certified copies to each member State of the Council of Europe, to any
State invited to accede to the Agreement and to the European Economic
Community .