Explanatory Memorandum to COM(1985)91 - - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(1985)91 - . |
|---|---|
| source | COM(1985)91  |
| date | 08-03-1985 |
COLLECTION RELIEE DES DOCUMENTS 'COM'
COM (85) 091
Vol. 1985/0028
Disclaimer
Conformement au reglement (CEE, Euratom) n° 354/83 du Conseil du 1er fevrier 1983 concernant l'ouverture au public des archives historiques de la Communaute economique europeenne et de la Communaute europeenne de l'energie atomique (JO L 43 du 15.2.1983, p.
1), tel que modifie par le reglement (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 echeant, les documents classifies presents dans ce dossier ont ete declassifies conformement a l'article 5 dudit reglement.
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 Obereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar 1983 uber die Freigabe der historischen Archive der Europaischen Wirtschaftsgemeinschaft und der Europaischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S.
1), geandert 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 Offentlichkeit zuganglich. Soweit erforderlich, wurden die Verschlusssachen in dieser Datei in Obereinstimmung mit Artikel 5 der genannten Verordnung freigegeben.
COMMISSION OF THE EUROPEAN COMMUNITIES
C0M(85) 91 final Brussels, 8 March 1985
COMMUNICATION BY THE COMMISSION TO THE COUNCIL
concerning a statement to be made on behalf of the Community at the 30th session of the UNCTAD Trade and Development Board
C0M(85) 91 final
T
' COMMUNICATION PROM THE COMMISSION TO '
THE COUNCIL . .
concerning a statement to 'be made on 'behalf of the Community at the 30th session of the UNCTAD Trade and Development Board
Statement to be made on behalf of the Community at the 30th sessio^i of the Trade and Development Board oonoerning the participation of the Community in the international institutional machinery established by
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the UNCTAD Restrictive Business Practices Code •
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Situation to date -
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On 24 July 1984 the Commission sent the Council a communication oh the questipp of the participation of the Community in the international institutional machinery established by the' UNCTAD Restrictive Business Practices Code (Council Do0. 8758/84). . ^ .
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On 4 September 1984-the Permanent Representatives' Committee . agreed that a .letter 'jointly signed by the Presidency of the Council and the Commission be sent'to the President of the Trade and Development Board. . '
The purpose of the letter was to draw renewed attention to the
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problem'anBTicPthe- need to look for a satisfactory solution for the Community with an eye to the.3rd session of the Intergovernmental Group of Experts due to be held in Geneva on 7-16 November 1984. The letter did not ask for the matter to be inoluded on the agenda of the next (29th) session of the Trade and Development Board.
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At its 3rd session, the Intergovernmental Group of Experts
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decided to continue to apply the rules of procedure of the main committees of the Board. Group B supported the Community's position. Group D reiterated its earlier position that the rules of procedure of the main committees did not prevent the Community from playing an. effective part in the Group's work. The Group of 77 did not express an opinion.
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In September 1984 the RELEX Group had seen two possible way of
resolving the problem of Community participation, vif.: .
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T AMENDMENT OF THE INSTITUTIONAL, PROVISIONS OF THE CODE AT THE ' REVIEW CONFERENCE -SCHEDULED FOR 1985 SO AS TO GUARANTEE THE COMMUNITY'S RIGHT TO FULL PARTICIPATION; ’ "
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- a decision;by the Trade and Development Board amending,the rules of procedure applicable to the Intergovernmental Group ■ of Experts; Article 64(3) of the Rules of Procedure of the Trade and Development Board allows the Board to adopt such a derogation.' /
' Following the 3rd session of the Group of Experts,it now appears ^
that the first possibility, of obtaining an amendment of the Code at the . Review Conference, cannot be pursued at this stage since Group B as a whole stated that it did nbtsee.any need for a review on the basis of the experience acquired to date. A proposal from the Group of 77 sqgges-: ting points which might be amended was not discussed and was given a cool .reception by Group B. • '
In the circumstances, therefore, it would seem advisable to raise the matter instead at a forthcoming meeting of the Trade and
Development Board. •
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The 30th session of the Board is scheduled to begin on 18 March'
1985. Because requests'.'for the inclusion of items on the agenda have to . be submitted seven weeks in advance and it will be necessary to prepare the discussion of the item on the spot, especially with the Group of 77, it has not been possible to ask the Board officially to consider the matter at the 30th session.
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It was also necessary to avoid that the Board refer the solution
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of the problem to the Review Conference where the Group B countries . are opposed in principle to an amendment of the Code.
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■* . It is nevertheless desirable that the Community should make
an interim statement at the session wl\en the item on the agenda, asking for approval of the report on the 3rd session of the Intergovernmental Group of Experts is oalled. > A draft for such a statement is.*submitted for the Council's approval. The statement is chiefly intended to safeguard the possibility of having, the point included on the agenda ot . a future session of the Board. . .t . . . * \ .
. Statement to lie made on behalf of the Community at the 30th session of the UNCTAD Trade and Development Board concerning the participation of the Community ”in~°the institutional machinery established by the
Restrictive Business Practices Code .
Mr President, ■ ,
On 20 September 1984 the Commission sent to the Trade and Development Board a letter drawing the Board's attention to the fact that the application of the rules of procedure of the main committees . of the Board to the work of the Intergovernmental Group of Experts set up under the Restrictive Business Praotioes Code prevents the\ Community from playing a full part, like the Member States, in the work of the Group, contrary to section B (ii) (8) of the Code which
entitles the,Community to be treated as equivalent to a Member State.
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• At its 3rd session,, the-Intergovernmental Group of Experts •
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continued to apply the irules of procedure of the main committees, y
The Community reserves the,right to ask for this matter to be formally included on the agenda of a forthcoming session of the Board and accordingly reiterates the position stated in its letter of 20 September 1984. The Community seeks to be accorded a status •
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in keeping with its responsibilities under the Treaty of Rome and ’ the experience it has gained in'this field,. ' •
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