CELEX: 51978PC0749
Language: en
Date: 1979-01-12 00:00:00
Title: Recommendation for a Council decision Concerning the negotiation of a legal instrument enabling the European Economic Community to become a Contracting Party 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 (78) 749
Vol. 1978/0275
 ---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
                                       GOM \ 78 ) 749     final .
                                       Brussels , 12 January 1979
             Recommendation for a Council decision
    Concerning the negotiation of a legal instrument enabling
                                                   ■y
    the European Economic Community to become a., Contracting
                                                  ,y.\
    Party to the Agreement on the temporary importation , free
    of duty, of medical , surgical and laboratory■ 'equipment
                                                        I
                                                                  for
    use on free loan in hospitals and other medical institutions
                                                  . . )
    for purposes of diagnosis or treatment. /
        ( submitted to the Council by the Commission )
    OOM{78 ) 749 final .
 ---pagebreak---                            EXPLANATION
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 opened for signing by the member countries     of the Council of
Europe on 28 April I960 , was signed and notified by all the Keinber States
of the Community between I960 and 1966 .
Ihis Agreement , which was drawn up in a Bpirit of European solidarity ,
is based on the highest humanitarian principles which redound to the
credit of the signatories .
Article 1 of the Agreement states that Contracting Parties having
sufficient stocks for their own needs shall 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
and that this equipment shall subsequently be returned . Article 2 defines
the period of temporary importation and the institution ?) that may benefit
under the Agreement .
 This means in practice that the Member States shall exempt the equipment
 in question from the application of common custom      tariff duties .
 Particularly in view of the fact that the Community has now taken over
 responsibility from the Member States in tariff matters , it is desirable
 that it should conclude the Agreement , with particular refei-ence to
 Articles 1 and 2 thereof , alongside the Member States .
 However , as the said Agreement is open for signature only by the Member
 States of the Coiuicil of Europe , a legal instrument should, be prepared
 enabling the Comnrjjiity to become a Contracting Party to the Agreement .
 Hie Commission therefore recommends that the Council should authorize
  it , pursuant to Article 113 of the Treaty , to negotiate a legal instrument
 enabling the European Economic Community to conclude , alongside the
 Member States , the Agreement on the temporary importation , free of duty ,
  of medical , surgical and laboratory equipment for use on free loan in
  hospitals arid other medical institutions for purposes of diagncsis or
  treatment .
  Trie texts of Article 1 at;d 2 of the Agreement are annexed to this draft
  Council deoision .
 ---pagebreak---                recommendation for a Council decision concerning the
        negotiation of a legal instrument enabling the European Economic
         Community to become a Contracting Party to the Agreement on the
         temporary importation , free of duty, of medical , surgical and
         laboratory equipment for uee on free loan in hospitals and
         other medical institutions for purposes of diagnosis or treatment
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 purpose of 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 intended 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 , dn condition that the said equipment
is re-exported J
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 customs
duties , 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 acoount of the proper requirements of the
Customs Union and in particular of the existence of the Common Customs
 Tariff }
Whereas any derogation from the Common Customs Tariff is the sole responsibility
 of the Community }
Whereas the Agreement in question was signed and notified by all the
 Member States of the Community between I960 and 1966 } whereas it is
 therefore necessary tn^t th; Community should conclude this Agreement
 with particular referenda r Articles 1 and 2 thereof alongside the
 Member States ,
 HAS DECIDED AS FOLLOWS !
                                                                                !
                                                                               j'
 ---pagebreak---                          Sole Article
 The Commission is hereby authorised to conduct negotiations , in the
 context of the Council of Europe , with a view to inserting a legal
 instrument in 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 enabling the European Economic Community to
become a Contracting Party to that Agreement .
The Commission shall conduct these negetiations in consultation with
the Special Committee provided for in Article 113 of the Treaty,
whioh shall assist ii in this task .
Done at Brussels ,                               For the Council
                                                 The President
 ---pagebreak---                                                          ANNEX
                            Article 1
1 . The Contracting Parties shall , provided that they have sufficient stocks
    for their own needs , 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 shall ,
    upon request , be sent to the Party concerned and shall subsequently be
    returned .
2 . Each Contracting Party benefiting under the terms of the previous
    paragraph shall grant all possible facilities for the importation on
    a temporary basis of the equipment loaned .
                           Article 2
1 . The period of temporary importation shall not exceed six months in
    the first instance but may , with the agreement of the exporting
    country , be extended for a further period subject to the same
    conditions .
2 . The above facilities shall be granted only in respect of medical ,
    surgical anl laboratory equipment for use in hospitals and other
    medical institutions . They shall include the issue of any licences
    required for the temporary importation of such equipment and the
     suspension of import duties and import taxes ( including all duties
     and taxes whatsoever chargeable by reason of importation ) other
     than charges for actual expenses incurred by the authorities of the
     oountry of temporary importation .