CELEX: 51976PC0223
Language: en
Date: 1976-05-17 00:00:00
Title: RECOMMENDATION FOR A DECISION OF THE COUNCIL AND OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING IN THE COUNCIL AUTHORIZING THE COMMISSION TO OPEN NEGOTIATIONS WITH THE DEMOCRATIC REPUBLIC OF SAO TOME AND PRINCIPE.# RECOMMENDATION FOR A DECISION OF THE COUNCIL AND OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING IN THE COUNCIL AUTHORIZING THE COMMISSION TO OPEN NEGOTIATIONS WITH THE REPUBLIC OF CAPE VERDE#DRAFT INTERNAL AGREEMENT AMENDING THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID SIGNED ON 11 JULY 1975. (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (76) 223
Vol. 1976/0074
 ---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(76 ) 223 final .
                                                      Brussels . 17 May 1976
               l
                                               i
                                                 /
                     RECOMMENDATION FOR A DECISION OF THE COUNCIL AND OF THE
                     REPRESENTATIVES OP THE GOVERNMENTS OP THE MEMBER STATES
                     MEETING IN THE COUNCIL AUTHORIZING THE COMMISSION 'TO
                     OPEN NEGOTIATIONS WITH TEE DEMOCRATIC REPUBLIC OP SAO
                     TOME AND PRINCIPE
                     RECOMMENDATION FOR A DECISION OP THE COUNCIL AND OP THE
                     REPRESENTATIVES OP THE GOVERNMENTS OP THE MEMBER STATES
                     MEETING IN THE COUNCIL AUTHORIZING THE COMMISSION TO
                     OPEN NEGOTIATIONS WITH THE REPUBLIC OP CAPE VERDE
                                              D R A F T
                     INTERNAL AGREEMENT AMENDING THE INTERNAL AGREEMENT ON
                     THE FINANCING AND ADMINISTRATION OP COMMUNITY AID SIGNED
                     ON 11 JULY 1975
                             ( submitted to the Council by the Commission )
                           \
                                     /
             I                     .
                                                         • i
COM(76 ) 223 final .
 ---pagebreak--- ACCESSION TO THE ACP-EEC COMEKTION OF LOMfi BY SAO TOME E PRINCIPE
                           AND CAPE VERDE
(Cdmmission Communication to the Council concerning the opening of
 negotiations )
1 . The Democratic Republic of Sao Tome e Principe and the Republic of
Cape Verde made formal requests for accession to the Lome Convention,
under Article 90 of the Convention , on 16 August and 11 October 1975 •
                                                                              /
respectively .
Without waiting for these requests to be formally approved by the ACP-ESC
Council of Ministers , which could not act until the Convention had entered
into force , the Commission - after informing the Council of the European
Communities and the ACP States - began exploratory talks with the
Governments of the two countries in question. These talks were held
   in December 1975 with Sao Tome e Principe , and
   in February 1976 with Cape Verde .
2 . At the exploratory talks and in the course of subsequent contacts it
was found that the two countries were ready to accept in principle all the
obligations involved in accession to the Convention.
The only matter which might be raised hy the two countries in the course
of negotiations proper concerns trade , given the de facto existence of
preferential arrangements  with the former metropolis . Since , however , the
two countries have stated  that they intend in any case to abolish these
preferential arrangements  eventually , their existence does not seem to be
a problem which cannot be  resolved satisfactorily during the negotiations .
Since there are no other special problems , it would appear that the
negotiations could take place in a relatively short time , leading rapidly
to the signing by the Community of an accession agreement with each of
the countries .
The Community would thus be responding to the desire which has been
expressed for accession to the Convention at the earliest possible date .
 ---pagebreak--- 3.    The negotiations will be conducted, in close contact with the ACP
States , which will be kept informed by exchanges of views as necessary .
The Commission considers that , although it is not a legal requirement of
the Convention , when the negotiations have been completed the accession
agreements should then be the subject of consultation with the ACP Group .
The accession agreements would subsequently be signed and the necessary
ratification procedures begun.
In any case the accession agreements will enter into force only when the
requests for accession have been formally approved by the ACP-EEC Council
of Ministers .    It is useful to point out , however , that at the recent
meetings in Georgetown and Blantyre , the ACP were favourably disposed
towards these requests for accession .    Arrangements should therefore be
made for formal approval to be obtained :
   at the first meeting of the ACP-EEC Council of Ministers ,
   or , if necessary , by written procedure .
4-   Wi-Jih a view to enabling the negotiations with the two countries to be
opened as soon as possible , the Commission recommends that Decisions of
the Council and the Representatives of the Member States meeting in the
Council be adopted , authorizing the Commission to open negotiations with :
   SAO TOME E PRINCIPE (AMEX i )
             and
   CAPE VERDE            (AM3X II)
and the relevant directives issued .
While the negotiations with the applicant States are being conducted , the
Member States should agree on the provisions amending the Internal
Financial Agreement in order to enable the necessary procedures for
ratifying those provisions to be undertaken at the same time as those
for the accession agreements (Annex III ).
 ---pagebreak---                                 - 3 -
5 . The Commission considers that as soon as the accession agreements
have teen signed , pending completion of the ratification procedures in
the Member States , the Community and the applicant countries should
agree , for the purpose of their trade , to apply autonomously the trade
arrangements provided for "by the agreements , as the Community and the
46 ACP States did from 1 July 1975 *
Lastly , the Commission considers that , in the same spirit , transitional
measures similar to those adopted between the Community and the ACP
States from 1 July 1975 as regards financial and technical cooperation
                                                           I
in particular should also be applied .
 ---pagebreak--- RECOMMENDATION FOR A DECISION OP THE COUNCIL AND OP THE
REPRESENTATIVES OP THE GOVERNMENTS OP THE MEMBER STATES
MEETING IN THE COUNCIL AUTHORIZING THE COMMISSION TO
OPEN NEGOTIATIONS WITH SAO TOME AND PRINCIPE
THE COUNCIL OP THE EUROPEAN COLinJNITIES AND THE REPRESENTATIVES OP THE
GOVERNMENTS OP THE MELIBER STATES MEETING IN THE COUNCIL ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 238 thereof ,
Having regard to the recommendation from the Commission ,
Whereas SAO TOME END PRINCIPE has applied to accede to the ACP-EEC
 %
Convention signed in Lome on 28 February 1975v
Whereas the first paragraph of Article 90     "the Convention stipulates
that , subject to the approval of the ACP-EEC Council of Ministers , an
agreement between the Community and a State whose economic structure
and production are comparable with those of the ACP States may provide
for the accession of that State to the Convention ,
HAVE DECIDED AS FOLLOWS :
                                Sole Article
The Commission is hereby authorized to open negotiations for the conclusion
of an agreement between the European Economic Community and
             SAO TOME AND PRINCIPE on the accession of that country to the
ACP-EEC Convention of Lome .
The Commission shall conduct these negotiations in consultation with the
Representatives of the Member States and in accordance with the directives
annexed hereto .
 ---pagebreak--- DIRECTIVES RELATING TO THE NEGOTIATIONS WITH
    SAO TOME AND PRINCIPE FOR THE CONCLUSION OP AN AGREEMENT ON THE
ACCESSION OF THAT COUNTRY TO THE ACP-EEC CONVENTION OF LOME
1 o The agreement to "be concluded shall provide for the accession of
    SAO TOME AND PRINCIPE to the ACP-EEC Convention of Lome .
2. The agreement may stipulate the date on which certain of its obligations
    in particular concerning trade , would become applicable to SAO TOME
    AND PRINCIPE.
3. ( ECSC products ).
 ---pagebreak---  RECOMMENDATION FOR A DECISION OP THE COUNCIL AND OP THE
 REPRESENTATIVES OP THE GOVERNMENTS OP THE MEMBER STATES
 MEETING IN THE COUNCIL AUTHORIZING THE COMMISSION TO OPEN-
 NEGOTIATIONS WITH THE REPUBLIC OP CAPE VERDE
 THE COUNCIL OP THE EUROPEAN COMMUNITIES AND THE REPRESENTATIVES OP THE
 GOVERNMENTS OP THE MEMBER STATES MEETING IN THE COUNCIL ,
 Having regard to t!he Treaty establishing the European Economic Community ,
 and in particular Article 238 thereof ,
 Having regard to the recommendation from the Commission ,
 Whereas Cape Verde has applied to accede to the ACP-EEC Convention signed
"in Lome on 28 February 1 975 ?
 Whereas the first paragraph of Article JO of the Convention stipulates
 that , subject to the approval of the ACP-EEC Council of Ministers , an
 agreement between the Community and a State whose economic structure
 and production are comparable with those of the ACP States may provide for
 the accession of that State to the Convention ,
 HAVE DECIDED AS FOLLOWS :
                                 Sole Article
 The Commission is hereby authorized to open negotiations for the conclusion
 of an agreement between the European Economic Community and the Republic
 of CAPE VERDE on the accession of that country to the ACP-EEC Convention
 of Lome .
 The Commission shall conduct these negotiations in consultation with the
 Representatives of the Member States and in accordance with the directives
 annexed hereto .
 ---pagebreak--- DIRECTIVES RELATING TO THE NEGOTIATIONS WITH THE REPUBLIC OF CAPE VERDE
FOR THE CONCLUSION OF AH AGREEMENT ON THE ACCESSION OF THAT COUNTRY TO
THE ACP-EEC CONVENTION OF LOME
1 « The agreement to be concluded shall provide for the accession of Cape
    Verde to the ACP-EEC Convention of Lome ,
2 » The agreement may stipulate the date on which certain of its obligations ,
    in particular concerning trade , would become applicable "to CAPE VERDE.
3» (ECSC products ).
 ---pagebreak---                           D R A P T
Internal Agreement amending the Internal Agreement on the financing
and administration of Community aid signed on 11 July 1975
THE REPRESENTATIVES OF THE GOVERNIiENTS OF THE MEMBER STATES OF THE EURO­
PEAN ECONOMIC COMMUNITY MEETING IN THE COUNCIL , •
Having regard to the Treaty establishing the European Economic Community,
hereinafter referred to as the "Treaty",
After consulting the Commission ,
Whereas the Agreements between the European Economic Community and respect–
ingly          signed on           , hereinafter referred to as the
"Accession Agreement provide for the accession of
to ^he ACP-EEC Convention signed in Lome on 28 February 1975 ?
Whereas pursuant to Article 90 of "the Convention the accession of a State
must not adversely affect the advantages accruing to the ACP States signa­
tory to the Convention , inter alia from the provisions on financial and
technical cooperation and the stabilization of export earnings ;
Whereas the Member States have now decided to increase by         million
units of account the amounts made available to the European Development
Fond ( 1975 );
Whereas the Internal Agreement on the financing and administration of
                       ι
Community aid signed on 11 July 1975 should therefore be amended ,
HAVE AGREED AS FOLLOWS :
 ---pagebreak---                                   Article 1
Article 1 ( 2) and. ( 3 ) of the Internal Agreement on the financing and
administration of Community aid is hereby amended as follows :
"The Fund shall consist of                    million units of account to he financed
"by the Member States as follows :
    Belgium                    million u.a ,
    Derunark                   million u.a .
   Germany           . . . . • million u. a.
    Prance           . .... million    u.a ,
    Ireland                    million u.a ,
    Italy                      million u.a ,
    Luxembourg                 million u. a ,
    Netherlands                million u.a ,
    United Kingdom             million U. » ct <
 ' The amount stated in paragraph 2 shall be allocated as follows :
 'a)    .... million u.a. for the ACP States , comprising :
 1      .... million u.a. in the form of grants
 1      .... million u.a. in the form of special loans
 1       .... million u.a. in the form of risk capital
 1       .... million u.a . in the form of transfers pursuant to Title II of
               the Convention .
 1 b)    .... million u.a. for the countries and territories and the French
        overseas departments , comprising :
 1       .... million u.a. in the form of grants
 1       .... million u.a. in the form of special loans
 1       .... million uia. in the form of risk capital
 1       .... million u.a . as a reserve .
 1 c)    . ... million u.a. in the form of transfers for the countries and
 1      territories , pursuant to those provisions of the decision which
concern the system for stabilizing export earnings .
p.m . EIB loans .
 ---pagebreak---                             Article 2
This Agreement shall "be approved "by each kember State m accordance with
its own constitutional requirements .   The Government of each Member State
shall notify the Secretariat of the Council of the European Communities
when the procedures required for its entry into force have been completed .
This Agreement shall enter into force , provided that the procedures refer­
red to in the preceding paragraph have been completed , at the same time
as the Accession Agreements .
                             Article 3
This Agreement , dratm up in a single original in the Danish , Dutch",
English , French , German and Italian languages , each of these texts being
equally authentic , shall be deposited in the archives of the Secretariat
of the Council of the European Communities , which shall transmit a certi­
fied copy to each of the Governments of the Signatory States .