CELEX: 51985PC0650
Language: en
Date: 1985-11-21
Title: PROPOSAL FOR A COUNCIL DECISION ON THE ACCESSION OF THE COMMUNITY TO THE INTERNATIONAL CONVENTION FOR THE CONSERVATION OF ATLANTIC TUNAS AS AMENDED BY THE PROTOCOL ANNEXED TO THE FINAL ACT OF THE CONFERENCE OF PLENIPOTENTIARIES OF THE STATE PARTIES TO THE CONVENTION SIGNED IN PARIS ON 10 JULY 1984

31. 12. 85                            Official Journal of the European Communities                                 No C 349/1
                                                              II
                                                      (Preparatory Acts)
                                                COMMISSION
           Proposal for a Council Decision on the accession of the Community to the International Convention
           for the Conservation of Atlantic tunas as amended by the Protocol annexed to the Final Act of the
           Conference of Plenipotentiaries of the State parties to the Convention signed in Paris on 10 July
                                                             1984
                                                     COM (85) 650 final
                         (Submitted by the Commission to the Council on 28 November 1985)
                                                        (85/C 349/01)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community, and in particular
           Article 43 thereof,
           Having regard to the proposal from the Commission,
           Having regard to the opinion of the European Parliament,
           Whereas there is a need for international regulation of the management and conservation of highly
           migratory species in the Atlantic Ocean and adjacent seas;
           Whereas to that end an International Convention for the Conservation of Atlantic tunas was signed on
            14 May 1966 and entered into force on 21 March 1969;
           Whereas on 10 July 1984, at the end of a Conference of Plenipotentiaries, the States parties to the
           International Convention for the Conservation of Atlantic tunas signed a Final Act to which is
           annexed a Protocol amending the Convention so as to enable the Community to accede thereto;
           Whereas the Protocol must be approved, ratified or accepted by all the Contracting Parties to the
           Convention;
           Whereas the Protocol will enter into force on the 30th day following the deposit of the last instrument
           of approval, ratification or acceptance with the Director-General of the Food and Agriculture
           Organization of the United Nations;
           Whereas the Community must accede to the Convention in order to be a Contracting Party thereto
           from the entry into force of the Protocol,
           HAS DECIDED AS FOLLOWS:
                                                           Article 1
           The accession of the European Economic Community to the Convention for the Conservation of
           Atlantic tunas, as amended by the Protocol annexed to the Final Act of the Conference of
           Plenipotentiaries of the States parties to the Convention signed at Paris on 10 July 1984, is hereby
           approved.
 ---pagebreak--- NoC^B^                             Official journal of the European Communities                          ^nn^.^
       The texts of the Convention and the Protocol are annexed to this Decision.
       The President oftheCouncil shall depositthemstrument of accession v^ith the Director-Ceneralofthe
       FoodandAgncultureOrganizationoftheUnitedNationsinaccordancev^ithArticleXlV,paragraphs
       e ^ a n d ^ o f the Convention.
 ---pagebreak--- 31. 12. 85                             Official Journal of the European Communities                                No C 349/3
                                                          FINAL ACT
           of the Conference of Plenipotentiaries of the State parties to the International Convention for the
                                                Conservation of Atlantic tunas
                                                  (Paris, 9 and 10 July 1984)
           1. At the invitation of the Government of the Republic of France, a Conference of Plenipotentiaries
               of the States parties to the International Convention for the Conservation of Atlantic tunas was
               held in Paris on 9 and 10 July 1984.
           2. The following States were present at the Conference: Angola, Benin, Brazil, Canada, Cuba,
                France, Ghana, Ivory Coast, Japan, Republic of Korea, Morocco, Portugal, Sao Tome and
                Principe, Senegal, South Africa, Spain, United States, Uruguay, USSR and Venezuela.
           3. The European Economic Community, invited as an observer, and the Food and Agriculture
                Organization of the United Nations were present at the Conference and participated in the
                proceedings.
           4. The Conference used as a basis for its discussion the final report of the Eighth Regular Meeting of
                the International Commission for the Conservation of Atlantic tunas held in Madrid, 9 to
                15 November 1983.
           5. The Conference agreed upon the attached Protocol relating to the modification of Articles XIV,
                XV and XVI of the International Convention for the Conservation of Atlantic tunas.
           6. The Conference also agreed that the provisions of Article XIV, paragraph 4, contained in the
                abovementioned Protocol, will, upon their entry into force, be applicable to the European
                Economic Community with the understanding that the European Economic Community will
                have the rights and obligations of a single Contracting Party, especially as concerns voting and
                contributions to the budget of the International Commission for the Conservation of Atlantic
                tunas.
           7. The Conference took note of the explanations offered by the Japanese representative regarding the
                problems of a procedural nature which were not resolved during the course of the meeting. The
                representative, however, in a spirit of compromise, did not oppose the consensus reached in the
                Conference in order to ensure the early admission of the European Economic Community to the
                International Convention for the Conservation of Atlantic tunas.
            8. The Conference requested the Governments of the Contracting Parties to the International
                Convention for the Conservation of Atlantic tunas to proceed to implement the internal
                procedures necessary for the approval, ratification or acceptance of the Protocol, so as to ensure
                its entry into force as soon as possible.
           Done at Paris, 10 July 1984.
 ---pagebreak--- No C 349/4                               Official Journal of the European Communities                                         31. 12. 85
           Signing Parties to the Final Act of the Conference of Plenipotentiaries of the States parties to the International
                                         Convention for the Conservation of Atlantic tunas
           ANGOLA                                       S. Makiadi
           BENIN                                        L. Nagnonhou
           BRAZIL                                       A. Amado
           CANADA                                       M. Hunter
           CUBA                                         A. Alonso
           FRANCE                                       F. Renouard
           GHANA                                        J. Q. Cleland
           IVORY COAST                                  K. Douabi
           JAPAN                                        S. Akiyama
           REPUBLIC OF KOREA                            J. S. Choo
           MOROCCO                                      A. EI Jai
           PORTUGAL                                     J. G. Boavida
           SAO TOME and PRINCIPE                        G. Posser da Costa
           SENEGAL                                      B. C. Dioh
           SOUTH AFRICA                                 H. A. Hanekom
           SPAIN                                        L. Casanova
           URUGUAY                                      U. W. Perez
           USA                                          C. J. Blondin
           USSR                                         Y. Vialov
           VENEZUELA                                    F. Alvino
 ---pagebreak--- 31. 12. 85                                Official Journal of the European Communities                                  No C 349/5
                                                             PROTOCOL
              attached to the Final Act of the Conference of plenipotentiaries of the States parties to the
                                 International Convention for the Conservation of Atlantic tunas
                                                     (Paris, 9 and 10 July 1984)
     Articles XIV, XV and XVI of the International                                               ARTICLE XV
     Convention for the Conservation of Atlantic tunas are
     modified as follows:                                                  The Director-General of the Food and Agriculture
                                                                           Organization of the United Nations shall inform all
                                                                           Governments referred to in paragraph 1 of Article XIV
                                                                           and all the organizations referred to in paragraph 4 of
                          ARTICLE XIV                                      the same Article of deposits of instruments of
                                                                           ratification, approval, formal confirmation or
     1. This Convention shall be open for signature by the                 adherence, the entry into force of this Convention,
     Government of any State which is a Member of the                      proposals for amendments, notifications of acceptance
     United Nations or of any Specialized Agency of the                    of amendments, entry into force of amendments, and
     United Nations. Any such Government which does not                    notifications of withdrawal.
     sign this Convention may adhere to it at any time.
     2. This Convention shall be subject to ratification or
     approval by signatory countries in accordance with their                                    ARTICLE XVI
     constitutions. Instruments of ratification, approval, or
     adherence shall be deposited with the Director-General                The original of this Convention shall be deposited with
     of the Food and Agriculture Organization of the United                the Director-General of the Food and Agriculture
     Nations.                                                              Organization of the United Nations who shall send
                                                                           certified copies of it to the Governments referred to in
                                                                           paragraph 1 of Article XIV and to the organizations
     3. This Convention shall enter into force upon the
                                                                           referred to in paragraph 4 of the same Article.
     deposit of instruments of ratification, approval, or
     adherence by seven Governments and shall enter into
     force with respect to each Government which                       II. The original of this Protocol, the English, French and
     subsequently deposits an instrument of ratification,                  Spanish texts of which are equally authentic, shall be
     approval, or adherence on the date of such deposit.                   deposited with the Director-General of the Food and
                                                                           Agriculture Organization of the United Nations. It shall
                                                                           be open for signature in Rome until 10 September 1984.
     4. This Convention shall be open for signature or
                                                                           The Contracting Parties to the International
     adherence by any inter-governmental economic
                                                                           Convention for the Conservation of Atlantic tunas that
     integration organization constituted by States that have
                                                                           have not signed the Protocol by that date may
     transferred to it competence over the matters governed
                                                                           nevertheless deposit their instruments of acceptance at
     by this Convention, including the competence to enter
                                                                           any time. The Director-General of the Food and
     into treaties in respect of those matters.
                                                                           Agriculture Organization of the United Nations shall
                                                                           send a certified copy of this Protocol to each of the
     5. Upon the deposit of its instrument of formal                       Contracting Parties to the International Convention for
     confirmation or adherence, any organization referred to               the Conservation of Atlantic tunas.
     in paragraph 4 shall be a Contracting Party having the
     same rights and obligations in respect of the provisions
     of the Convention as the other Contracting Parties.              III. This Protocol shall enter into force upon deposit with
     Reference in the text of the Convention to the term                   the Director-General of the Food and Agriculture
     'State' in Article IX, paragraph 3, and to the term                   Organization of the United Nations of instruments of
     'government' in the Preamble and in Article XIII,                     approval, ratification or acceptance of all Contracting
     paragraph 1, shall be interpreted in this manner.                     Parties. In this regard, the provisions set out in the last
                                                                           sentence of paragraph 1 of Article XIII of the
                                                                           International Convention for the Conservation of
     6. When an organization referred to in paragraph 4                    Atlantic tunas shall apply mutatis mutandis. The date of
     becomes a Contracting Party to this Convention, the                   entry into force shall be the 30 th day following the
     member states of that organization and those which                    deposit of the last instrument.
     adhere to it in the future shall cease to be parties to the
    Convention; they shall transmit a written notification to
    this effect to the Director-General of the Food and
    Agriculture Organization of the United Nations.                   Done at Paris, 10 July 1984.
 ---pagebreak--- No C 349/6                                Official Journal of the European Communities                                          31. 12. 85
                                                                  ANNEX
                   INTERNATIONAL CONVENTION FOR THE CONSERVATION OF ATLANTIC TUNAS
                                                                  Preamble
           The governments whose duly authorized representatives have subscribed hereto, considering their mutual interest
           in the populations of tuna and tuna-like fishes found in the Atlantic Ocean, and desiring to cooperate in
           maintaining the populations of these fishes at levels which will permit the maximum sustainable catch for food and
           other purposes, resolve to conclude a Convention for the conservation of the resources of tuna and tuna-like fishes
           of the Atlantic Ocean, and to that end agree as follows:
                                                                  Article 1
           The area to which this Convention shall apply, hereinafter referred to as the 'Convention area', shall be all waters
           of the Atlantic Ocean, including the adjacent seas.
                                                                  Article 11
           Nothing in this Convention shall be considered as affecting the rights claims or views of any Contracting Party in
           regard to the limits of territorial waters or the extent of jurisdiction over fisheries under international law.
                                                                 Article 111
            1. The Contracting Parties hereby agree to establish and maintain a Commission to be known as the International
           Commission for the Conservation of Atlantic tunas, hereinafter referred to as 'the Commission', which shall carry
           out the objectives set forth in this convention.
           2. Each of the Contracting Parties shall be represented on the Commission by not more than three delegates. Such
           delegates may be assisted by experts and advisors.
           3. Except as may otherwise be provided in this Convention, decisions of the Commission shall be taken by a
           ma jority of the Contracting Parties, each Contracting Party having one vote. Two-thirds of the Contracting Parties
           shall constitute a quorum.
           4. The Commission shall hold a regular meeting once every two years. A special meeting may be called at any
           time at the request of a majority of the Contracting Parties or by decision of the Council as constituted in
           Article V.
           5. At its first meeting, and thereafter at each regular meeting, the Commission shall elect from among its members
           a chairman, a first vice-chairman and a second vice-chairman who shall not be reelected for more than one
           6. The meetings of the Commission and its subsidiary bodies shall be public unless the Commission otherwise
           decides.
           7. The official languages of the Commission shall be English, French and Spanish.
           8. The Commission shall have authority to adopt such rules of procedure and financial regulations as are
           necessary to carry out its functions.
           9. The Commission shall submit a report to the Contracting Parties every two years on its work and findings and
           shall also inform any Contracting Party, whenever requested, on any matter relating to the objectives of the
           Convention.
                                                                 Article IV
            1. In order to carry out the objectives of this Convention the Commission shall be responsible for the study of the
           populations of tuna and tuna-like fishes (the Scombriformes with the exception of the families Trichiuridae and
           Gempylidae and the genus Scomber) and such other species of fishes exploited in tuna fishing in the Convention
           area as are not under investigation by another international fishery organization. Such study shall include research
           on the abundance, biometry and ecology of the fishes; the oceanography of their environment; and the effects of
 ---pagebreak--- 31. 12. 85                                  Official Journal of the European Communities                                             No C 349/7
           natural human factors upon their abundance. The Commission, in carrying out these responsibilities shall, in so far
           as feasible, utilize the technical and scientific services of, and information from, official agencies of the Contracting
           Parties and their political subdivisions and may, when desirable, utilize the available services and information of
           any public or private institution, organization or individual, and may undertake within the limits of its budget
           independent research to supplement the research work being done by governments, national institutions or other
           international organizations.
           2. The carrying out of the provisions in paragraph 1 of this Article shall include:
           (a) collecting and analyzing statistical information relating to the current conditions and trends of the tuna fishery
                 resources of the Convention area;
           (b) studying and appraising information concerning measures and methods to ensure maintenance of the
                 populations of tuna and tunalike fishes in the Convention area at levels which will permit the maximum
                 sustainable catch and which will ensure the effective exploitation of these fishes in a manner consistent with
                 this catch;
           (c) recommending studies and investigations to the Contracting Parties;
           (d) publishing and otherwise disseminating reports of its findings and statistical, biological and other scientific
                 information relative to the tuna fisheries of the Convention area.
                                                                      Article V
            1. There is established within the Commission a Council which shall consist of the chairman and the
            vice-chairmen of the Commission together with the representatives of not less than four and not more than eight
            Contracting Parties. The Contracting Parties represented on the Council shall be elected at each regular meeting of
            the Commission. However, if at any time the number of the Contracting Parties exceeds forty, the Commission
            may elect an additional two Contracting Parties to be represented on the Council. The contracting Parties of which
            the chairman and vice-chairmen are nationals shall not be elected to the Council. In elections to the Council the
            Commission shall give due consideration to the geographic, tunafishing and tuna processing inre^st* of the
            Contracting Parties, as well as to the equal right of the Contracting Parties to be represented on the Council.
            2. The Council shall perform such functions as are assigned to it by this Convention or are designated by the
            Commission, and shall meet at least once in the interim between regular meetings of the Commission. Between
            meetings of the Commission the Council shall make necessary decisions on the duties to be carried out by the staff
            and shall issue necessary instructions to the Executive Secretary. Decisions of the Council shall be made in
            accordance with rules to be established by the Commission.
                                                                     Article VI
            To carry out the objectives of this Convention the Commission may establish panels on the basis of species, group
            of species, or of geographic areas. Each panel in such case:
            (a) shall be responsible for keeping under review the species, group of species, or geographic area under its
                  purview, and for collecting and other information relating thereto:
            (b) may propose to the Commission, upon the basis of scientific investigations, recommendations for joint action
                  by the Contracting Parties:
            (c) may recommend to the Commission studies and investigations necessary for obtaining information relating to
                 its species, group of species, or geographic area, as well as the coordination of programmes of investigation by
                 the Contracting Parties.
                                                                     Article VII
            The Commission shall appoint an executive secretary who shall serve at the pleasure of the Commission. The
            executive secretary, subject to such rules and procedures as may be determined by the Commission, shall have
            authority with respect to the selection and administration of the staff of the Commission. He shall also perform,
            inter alia, the following functions as the Commission may prescribe:
            (a) coordinating the programmes of investigation by the Contracting Parties;
            (b) preparing budget estimates for review by the Commission;
 ---pagebreak--- No C 349/8                                     Official Journal of the European Communities                                        31. 12. 85
           (c) authorizing the disbursement of funds in accordance with the Commission's budget;
           (d) accounting for the funds of the Commission;
           (e) arranging for cooperation with the organizations referred to in Article XI of this Convention;
           (f) preparing the collection and analysis of data necessary to accomplish the purposes of the Convention
                 particularly those data relating to the current and maximum sustainable catch of tuna stocks;
           (g) preparing for approval by the Commission scientific, administrative and other reports of the Commission and
                 its subsidiary bodies.
                                                                   Article VIII
            1. (a) The Commission may, on the basis of scientific evidence, make recommendations designed to maintain
                      the populations of tuna and tuna-like fishes that may be taken in the Convention area at levels which will
                      permit the maximum sustainable catch. These recommendations shall be applicable to the Contracting
                      Parties under the conditions laid down in paragraphs 2 and 3 of this Article.
                      (b) The recommendations referred to above shall be made:
                              (i) at the initiative of the Commission if an appropriate panel has not been established or with the
                                  approval of at least two-thirds of all the Contracting Parries if an appropriate panel has been
                                  established;
                             (ii) on the proposal of an appropriate panel if such a panel has been established;
                            (in) on the proposal of the appropriate panels if the recommendation in question relates to more than
                                  one geographic area, species or group of species.
            2. Each recommendation made under paragraph 1 of this Article shall become effective for all Contracting Parties
            six months after the date of the notification from the Commission transmitting the recommendation to the
            Contracting Parties, except as provided in paragraph i of this Article.
            3. (a) If any Contracting Party in the case of a recommendation made under paragraph 1 (b) (i) above, or any
                       Contracting Party member of a panel concerned in the case of a recommendation made under paragraph 1
                       (b) (ii) or (Hi) above, presents to the Commission an objection to such recommendation within the six
                       months period provided for in paragraph 2 above, the recommendation shall not become effective for an
                       additional 60 days.
                 (b) Thereupon any other Contracting Party may present an objection prior to the expiration of the additional
                       60 days period or within 45 days of the date of the notification of an objection made by another
                       Contracting Party within such additional 60 days, whichever date shall be the later.
                 (c) The recommendation shall become effective at the end of the extended period or periods for objection,
                      except for those Contracting Parties that have presented an objection.
                 (d) However, if a recommendation has met with an objection presented by only one or less than one-fourth of
                       the Contracting Parties, in accordance with subparagraphs (a) and (bj above, the Commission shall
                       immediately notify the Contracting Party or Parties having presented such objection that it is to be
                       considered as having no effect.
                 (e> In the case referred to in subparagraph (d) above the Contracting Party or Parties concerned shall have an
                      additional period of 60 days from the date of the said notification in which to reaffirm their objection. On
                      the expiry of this period the recommendation shall become effective, except with respect to any
                      Contracting Party having presented an objection and reaffirmed it within the delay provided for.
                 (f) If a recommendation has met with objection from more than one-fourth but less than the majority of the
                      Contracting Parties, in accordance with subparagraphs (a) and (b) above, the recommendation shall
                      become effective for the Contracting Parties that have not presented an objection thereto.
                 (g) If objections have been presented by a majority of the Contracting Parties the recommendation shall not
                       become effective.
            4. Any Contracting Party objecting to a recommendation may at any time withdraw that objection, and the
            recommendation shall become effective with respect to such Contracting Party immediately if the recommendation
            is already in effect, or at such time as it may become effective under the terms of this Article.
            5. The Commission shall notify each Contracting Party immediately upon receipt of each objection and of each
            withdrawal of an objection, and of the entry into force of any recommendation.
 ---pagebreak--- 31. 12. 85                                  Official Journal of the European Communities                                           No C 349/9
                                                                  Article IX
           1 The Contracting Parties agree to take all action necessary to ensure we enforcement of this Convention Each
           Contracting Party shall transmit to the Commission, biennially or at such other times as may be required by the
           Commission, a statement of the action taken by it for these purposes
           2   The Contracting Parties agree
            a) to furnish, on the request of the Commission, any available statistical, biological and other scientific
                information the Commission may need for the purposes of this Convention,
           (b) when their official agencies are unable to obtain and furnish the said information, to allow the Commission,
                through the Contracting Parties, to obtain it on a voluntary basis direct from companies and individual
                fishermen
           3   The Contracting Parties undertake to collaborate with each other with a view to the adoption of suitable
               effective measures to ensure the application of the provisions of this Convention and in particular to set up a
               system of international enforcement to be applied to the Convention area except the territorial sea and other
               waters, if any, in which a State is entitled under international law to exercise jurisdiction over fisheries
                                                                    Article X
           1 The Commission shall adopt a budget for the |oint expenses of the Commission for the bienmum following
           each regular meeting
           2    Lath Contracting Part' shall contribute annually to the budget of the Commission an amount equal to
            a   US S I 000 (one t'lousand United States dollars) for Commission membership
            h   US S 1 000 i nc thousind United States dollars for each Panel membership
           (c) If the proposed budget for ;omt expenses for any bienmum should exceed the whole amount of contributions
                to be n-ade by the Contracting Parties under (a) and (b) of this paragraph, one-third of the amount of such
                excess shall be contributed by the Contracting Parties in proportion to their contributions made under (a) and
                 b of this paragraph For the remaining two-thirds the Commission shall determine on the basis of the latest
                 ivailable information
                  i) the total of the round weight of catch of Atlantic tuna and tuna-like fishes and the net weight of canned
                      products of such fishes for each Contracting Party,
                 ii   the total of (i) for all C ontracting Parties
           r ach 0 ontracting Party shall contribute its share of the remaining two-thirds in the same ratio that its total in (i)
           bears to the total in (u) That part of the budget referred to in this subparagraph shall be set by agreement of all the
           0 ontracting Parties present and voting
            1 The Council shall review the second half of the biennial budget at its regular meeting between Commission
           meeting and, on the basis of current and anticipated developments, may authorize reapportionment of amounts in
           the C ommission budget for the second vear within the total budget approved by the Commission
           4 The executive secretarv of the Commission shall notifv each ( ontracting Partv of its vearlv assessment The
           contributions shall be payable on I Januarv of the vear for which the assessment was levied Contributions not
           received before 1 Januarv of the succeeding year shall be considered as in arrears
           >   Contributions to the biennial budget shall be payable in such currencies as the Commission may decide
           6 At its first meeting the Commission shall approve a budget for the balance of the first vear the Commission
           functions and (or the following bienmum It shall immediately transmit to the Contracting Parties copies of these
           budgets together with notices of the respective assessments for the first annual contribution
           7 Thereafter, within a period not less than 60 day s before the regular meeting of the C ommission which precedes
           the bienmum, the executive secretary shall submit to each Contracting Party a draft biennial budget together with a
           schedule of proposed assessments
           8 The Commission mav suspend the voting rights of anv Contracting Party when its arrears of contributions
           equal or exceed the amount due from it for the two preceding vears
 ---pagebreak--- No C 349/10                              Official Journal of the European Communities                                         31. 12. 85
           9. The Commission shall establish a working capital fund to finance operations of the Commission prior to
           receiving annual contributions, and for such other purposes as the Commission may determine. The Commission
           shall determine the level of the fund, assess advances necessary for its establishment, and adopt regulations
           governing the use of the fund.
           10. The Commission shall arrange an annual independent audit of the Commission's accounts. The reports of
           such audits shall be reviewed and approved by the Commission, or by the Council in years when there is no regular
           Commission meeting.
           11. The Commission may accept contributions, other than provided for in paragraph 2 of this Article, for the
           prosecution of its work.
                                                               Article XI
           1. The Contracting Parties agree that there should be a working relationship between the Commission and the
           Food and Agriculture Organization of the United Nations. To this end the Commission shall enter into
           negotiations with the Food and Agriculture Organization of the United Nations with a view to concluding an
           agreement pursuant to Article XIII of the Organization's Constitution. Such agreement should provide, inter alia,
           for the Director-General of the Food and Agriculture Organization of the United Nations to appoint a
           representative who would participate in all meetings of the Commission and its subsidiary bodies, but without the
           right to vote.
           2. The Contracting Parties agree that there should be cooperation berweeen the Commission and other
           international fisheries commissions and scientific organizations which might contribute to the work of the
           Commission. The Commission may enter into agreements with such commissions and organizations.
           3. The Commission may invite any appropriate international organization and any Governemnt which is a
           Member of the United Nations or of any Specialized Agency of the United Nations and which is not a member of
           the Commission, to send observers to meetings of the Commission and its subsidiary bodies.
                                                               Article XII
           1. This Convention shall remain in force for 10 years and thereafter until a majority of Contracting Parties agree
           to terminate it.
           2. At any time after 10 years from the date of entry into force of this Convention, any Contracting Party may
           withdraw from the Convention on 31 December of any year including the 10th year by written notification of
           withdrawal given on or before 31 December of the preceding year to the Director-General of the Food and
           Agriculture Organization of the United Nations.
           3. Any other Contracting Party may thereupon withdraw from this Convention with effect from the same
           31 December by giving written notification of withdrawal to the Director-General of the Food and Agriculture
           Organization of the United Nations not later than one month from the date of receipt of information from the
           Director-General of the Food and Agriculture Organization of the United Nations concerning any w.thdrawal, but
           not later than 1 April of that year.
                                                              Article XIII
           1 Any Contracting Party or the Commission may propose amendments to this Convention. The Director-
          General of the Food and Agriculture Organization of the United Nations shall transmit a certified copy of the text
          of any proposed amendment to all the Contracting Parties. Any amendment not involving new obligations shall
          take effect for all Contracting Parties on the 30th day after its acceptance by three-fourths of the Contracting
          Parties. Any amendment involving new obligations shall take effect for each Contracting Party accepting the
          amendment on the 90th day after its acceptance by three-fourths of the Contracting Parties and thereafter for each
          remaining Contracting Party upon acceptance by it. Any amendment considered by one or more Contracting
          Parties to involve new obligations shall be deemed to involve new obligations and shall take effect accordingly. A
          government which becomes a Contracting Party after an amendment to this Convention has been opened for
          acceptance pursuant to the provisions of this Article shall be bound by the Convention as amended when the said
          amendment comes into force.
          2. Proposed amendments shall be deposited with the Director-General of the Food and Agriculture Organization
          of the United Nations. Notifications of acceptance of amendments shall be deposited with the Director-General of
          the Food and Agriculture Organization of the United Nations.
 ---pagebreak--- 3 1 . 12. 85                                 Official Journal of the European Communities                                       No C 349/11
                                                                  Article XIV
               1. This Convention shall be open for signature by any Government which is a Member of the United Nations or of
               any Specialized Agency of the United Nations. Any such Government which does not sign this Convention may
               adhere to it at any time.
               2. This Convention shall be subject to ratification or approval by signatory countries in accordance with their
               constitutions. Instruments of ratification, approval, or adherence shall be deposited with the Director-Genera) of
               the Food and Agriculture Organization of the United Nations.
                3. This Convention shall enter into force upon the deposit of instruments of ratification, approval, or adherence
               by seven Governments and shall enter into force with respect to each Government which subsequently deposits an
               instrument of ratification, approval or adherence on the date of such deposit.
                                                                   Article XV
               The Director-General of the Food and Agriculture Organization of the United Nations shall inform all
               Governments referred to in paragraph 1 of Article XIV of deposits of instruments of ratification, approval or
               adherence, the entry into force of this Convention, proposals for amendments, notifications of acceptance of
               amendments, entry into force of amendments, and notifications of withdrawal.
                                                                   Article XVI
               The original of this Convention shall be deposited with the Director General of the Food and Agriculture
               Organization of the United Nations who shall send certified copies to the Governments referred to in paragraph 1
               of Article XIV.
               In witness whereof the representatives duly authorized by their respective Governments have signed the present
               Convention. Done at Rio de Janeiro this 14th day of May 1966 in a single copy in the English, French and Spanish
               languages, each version beinj; equally authoritative.
               Proposal for a Council Regulation (EEC) on the common organization of the market in products
                                                    processed from fruit and vegetables
                                                             (COM(85) 642 final
                                 (Submitted by the Commission to the Council on 3 December 1985)
                                                                (85/C 349/02)
THK COUNCIL OF THE EUROPEAN COMMUNITIES.                                    Whereas the operations and development of the common
                                                                            market in agricultural products must be accompanied by the
Having regard to the Treaty establishing the European                       establishment of a common agricultural policy to include in
Economic Community, and in particular Articles 42 and 43                    particular a common organization of agricultural markets
thereof,                                                                    which may take various forms depending on the product;
Having regard to the proposal from the Commission,                          Whereas the producer prices for certain products processed
                                                                            from fruit and vegetables which are of particular importance
Having regard to the opinion of the European Parliament,                    in the Mediterranean regions of the Community are
                                                                            considerably higher than in non-member countries; whereas
Whereas the basic provisions concerning the organization of                 the Community products should therefore be made more
the market in products processed from fruit and vegetables                  competitive by adopting the necessary measures to enable
have been amended a number of times; whereas by reason of                   them to be sold at prices which compete with those charged
their number, their complexity and their dispersal among                    by the major non-member producing countries;
various Official Journals of the European Communities,
these texts are difficult to use, and thus lack the clarity which           Whereas, to this end, a system of production aid should be
should be an essential feature of all legislation; whereas they             introduced enabling the products in question to be
should therefore be consolidated in a single text, at the same              manufactured at a price lower than that which would result
time making certain amendments which experience has                         from the payment of a remunerative price to producers of the
shown to be desirable;                                                      fresh products; whereas this system should be linked to a