CELEX: 51978PC0068
Language: en
Date: 1978-02-21 00:00:00
Title: RECOMMENDATION FOR A COUNCIL REGULATION (EEC) Concluding the Trade Agreement between the European Economic Community and the People's Republic of China (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (78) 68
Vol. 1978/0024
 ---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
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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,
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 ---pagebreak---      COMMISSION OF THE EUROPEAN COMMUNITIES
                                                            COM(78)68 final.
                                                            Brussels , £8 February 1978 .
                    RECOMMENDATION FOR A COUNCIL REGULATION (EEC )
                    Concluding" the' Trade Agreement between the
                   European Economic Community and the People 's
                                   Republic of China
                 (presented by the Commission to the Council )
COX(78 ) 68 final .
 ---pagebreak---              RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL
                         ON THE CONCLUSION OF THE TRiDE
             AGREEMENT BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
                       AND THE PEOPLE 'S REPUBLIC OF CHINA
 1 . At its meeting held on 22 November 1977 the Council adopted directives
for the negotiations to be opened with the People 's Republic of China for
the conclusion of a trade agreement . On the basis of these directives
negotiations took place between the Commission said a Chinese Delegation
from 30 January to 3 February 1 978 •
2 . The head of the Commission 's Delegation was Sir Roy Denma: xiie
Commission 's Director-General for Ejcternal Relations ; the Chinese
Delegation was led by Mr Sun Sou-Chang, Director of the Third Department
in the Ministry of Foreign Trade .
3 * The negotiated French text of the Trade Agreement between the
European Economic Community and the People 's Republic of China has already
been made available to the representatives of the Member States in the
Article 113 Committee .
4.    The Agreement expresses the results of the negotiations between the
Community and Chinese Delegations . It conforms to the directives adopted
by the Council at its meeting held on 22 November 1977 *
The Commission considers , therefore , that it has fulfilled the task
entrusted to it by the Council and coxlsequently recommends that the
Council initiate the procedures for the signature and conclusion of the
Agreement with China .
5.    With a view to the conclusion and implementation of the Agreement , the
Commission forwards herewith to the Council :
    a recommendation for a Regulation concluding the Trade Agreement between
   'the European Economic Community and the People 's Republio of China .
 ---pagebreak---         RECOMMENDATION FOR A COUNCIL REGULATION ( EEC )
        concluding The Trade Agreement between the
             European Economic Community and the
                 People 's Republic of China
THE COUNCIL OP 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 Trade Agreement negotiated between the European Economic
Community and the People 's Republic of China, signed in Brussels on
              should be concluded,
HAS ADOPTED THIS REGULATION :
                           Article 1
The Trade Agreement between the European Economic Community and
the People 's Republic of China is hereby approved on behalf of the
Community . The text of the Agreement is annexed to this Regulation .
                           Article 2
The President of the Council will proceed to the negotiation provided
for in Article 11 of the Agreement .
 ---pagebreak---                                 Article 3
The Community shall be represented on the Joint Committee provided for
 in Article 9 of the Agreement by th-s Commission , assisted by
representatives of the Member States .
                                Article 4
This Regulation shall enter into force on vhe third day following its
publication in the Official Journal of the European Communities .
This Regulation shall "be binding in its entirety and directly applicable
in all Member State
Pone at Brussels ,                                     For the Council
                                                       The President
 ---pagebreak---                       TRADE AGREEMENT
                          BETWEEN
         THE EUROPEAN ECONOMIC COMMUNITY AND
            THE PEOPLE 'S REPUBLIC OF CHINA
             The Council of the European Communities and tr;?'
Government of the People 's Republic of China / desiring to
develop economic relations and trade between the European
Economic Community and the People 's Republic of China on the
basis of equality and the mutual advantage of the two Contracting
Parties and to Jp'/© a new impetus to their relations , have decided
to conclude this Agreement , the terms of which are as follows :
                          ARTICLE 1
             The two Contracting Parties will endeavour , within the
framework of their respective existing laws and regulations , to
promote and, intensify trade between them .
             To this end they confirm their determination :
(a)          to take all appropriate measures to create favourable
             conditions for trade between them ;
       S
( b)         to do a>l they can to improve the structure of their trade
             in order to diversify it further , and
Ce
( c ))       to     examine    in a spirit of goodwill any suggestions
             made by the other Party , in particular in the Joint
             Committee , for the purpose of facilitating trade between
             them .
 ---pagebreak---                         ARTICLE 2
1.           In their trade relations the two Contracting Parties shall
accord each other most- favoured-nation treatment in all matters regar­
ding :
<a)  customs duties and charges of any kind applied to the import ,
     export , re-export or transit of products , including the rules
     for the collection of such duties or charges ;
(b)  rules , procedures and formalities concerning customs clearance ,
     transit , warehousing and transhipment of products imported or
     exported ;
(c)  taxes and other internal charges levied directly or indirectly
     on products or services imported or exported ;
<d)  administrative formalities for the issue of import or export
     licences .
              f
2.           Paragraph 1 of this Article shall not apply to :
(a)  advantages accorded by either Contracting Party to States which
     together with it are members of a customs union or free trade area
     advantages accorded by either Contracting Party to neighbouring
     countries for the purpose of facilitating border trade ;
£c ) measures which either Contracting Party may take in order to meet
     its obligations under international commodity agreements .
 ---pagebreak---                                                                     3
                         ARTICLE 3
             The two Contracting Parties will make every effort to
foster the harmonious expansion of their reciprocal trade and to
help , each by its own means , to attain a balance in such trade .
             Should an evident imbalance arise , the matter must be
examined within the Joint Committee so that measures can be recommended
in order to improve the situation .
                                        I
                         ARTICLE 4
1.           The People 's Republic of China will give favourable
consideration to imports from the European Economic Community . To
this end the Chinese authorities will see to it that Community
exporters* have the possibility of participating fully in opportunities
                                                   I 1
for trade with China .
2.           The European Economic Community will accord increasing
liberalisation of imports from the People 's Republic of China . To
   é
this end it will endeavour progressively to introduce measures
extending the list of products for which imports from China have been
liberalized and to increase the amounts of quotas . The manner in which
this is to be implemented will be examined within the Joint Committee .
 ---pagebreak---                                                                       4.
                          ARTICLE 5
 1.           Tne two Contracting Parties shall provide each other
 with information on any problems that may arise in their trade and
 shall undertake friendly consultations , with the desire to    pro­
 mote trade , for the purpose of seeking mutually satisfactory solutions
 to those problems . Each Contracting Party will see that no action is
 taken before consultations are held .
 2.           In an exceptional case , however , where the situation does
not admit    any   delay , either Contracting Party may take measures but
must endeavour as far as possible to undertake friendly consultations
before doing so .
3.            Each Contracting Party will ensure that , when taking the
measures referred to in paragraph 2 , the general objectives of the
Agreement are not prejudiced .
                          ARTICLE 6 •
    é
              The two Contracting Parties undertake to promote visits
by persons , groups and delegations from business , trade and industry ,
to facilitate industrial and technical exchanges and contacts connected
with trade and to foster the organization of . fairs and exhi­
bitions of mutual interest and the provision of services pertaining
tfsreto . As far as possible they must grant each other facilities
in connection with the above activites .
 ---pagebreak---                                ARTICLE  7
 Trade in goods and the provision of services between the two Contracting
 Parties shall be effected at market**related prices and rates .
                               ARTICLE  8
 The Contracting Parties agree that payments for transactions shall be
 made, in accordance with their respective existing laws and regulations ,
 in currencies of the Member States of the Community, Renminbi or any
 convertible currency agreed by the two parties concerned in the
 transactions .
                               ARTICLE  9
 1 . An EEC-China Joint Committee for Trade shall be set up , comprising
representatives of the European Economic Community and representatives
 of the People 's Republic of China .
                                                       »
 2. The tasks of the Joint Committee shall be as follows :
      - to monitor and examine the functioning of this Agreement ;
      - to examine any questions that may arise in the application of
        this Agreement ;
      - to examine problems that could hinder the development of trade
        between the. Parties ;
                    \ '
      - to examine jr.eans and new opportunities of developing trade between
        the Contracting Parties and other matters relating to their trade ,
        and
      r to make recommendations that may help attain the objectives of
        this Agreement .
  3 . The Joint Committee shall meet once a year , in Brussels and Peking
  alternately . Special meetings may be convened by mutual agreement ,
  at the request of either Contracting Party . The office of chairman
  of the Joint Committee shall be held by each of the two Contracting
  Parties in turn . Where both Parties consider it necessary , the Joint
               *
   Committee may set up working par-ies to assist it in its work .
 ---pagebreak---                                                                         6.
                          ARTICLE 10
              As far as the European Economic Community is concerned ,
this Agreement shall apply to the territories in which the Treaty
establishing the European Economic Community is applied / under the
conditions laid down in that Treaty .
                          ARTICLE 11
              This Agreement shall enter into force on the first day of
the month following the date on which the Contracting Parties notify
each other that the legal procedures necessary to this end have been
completed . It is concluded for a period of five years . The period of .
validity of the Agreement shall be tacitly extended year by year pro­
vided that neither Contracting Party gives the other Party written
notice of denunciation of the Agreement six months before it expires .
              However , the Agreement may be amended by mutual consent of
the two Contracting Parties in order to take account of new situations .
              In witness whereof , the undersigned , being duly authorized
for this purpose , have signed this Agreement .
   S
              Done at Brussels ,               1978 , in two copies in the
Danish , Dutch , English , French , German , Italian and Chinese languages ,
each text being equally authentic .
                                       ι ι
For the Government of the                    For the Council of the
            «                          ^ '
People 's Republic of China                  European Communities .
                                         i