31.12.1990 EN Official Journal of the European Communities L 375/10 COUNCIL REGULATION (EEC) No 3916/90 of 21 December 1990 on measures to be taken in the event of a crisis in the market in the carriage of goods by road THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 75 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas under Article 3 (3) of Regulation (EEC) No 3164/76 (4), as last amended by Regulation (EEC) No 1841/88 (5), the Council is required to decide on the measures to be taken in the event of a crisis in the sector of carriage of goods by road; Whereas it is therefore essential to introduce a Community safeguard mechanism to deal with any severe disturbances in the market for the carriage of goods by road and to remedy them; Whereas provision should accordingly be made for taking action to resolve a crisis, to specify the nature of such action, to set up an appropriate decision-making procedure and to ensure that the data needed for the application of the safeguard clause are available, HAS ADOPTED THIS REGULATION: Article 1 This Regulation shall apply to the market for international carriage of goods by road on Community territory, between Member States, for hire or reward. Article 2 For the purposes of this Regulation, a crisis means the existence of problems specific to the market defined in Article 1, such that there is a serious and potentially enduring excess of supply over demand implying a serious threat to the financial stability and survival of a significant number of road haulage undertakings provided that the short-term and medium-term forecasts for the market in question do not indicate any substantial and lasting improvements. Article 3 The Commission shall collect the data necessary to monitor the market and to detect a possible crisis. For this purpose, Member States shall cooperate with the Commission in the communication and processing of data which are available or can be readily obtained. Article 4 1. Where a Member State believes a crisis exists, it may request the Commission to investigate. 2. To enable the situation to be assessed by the Commission, the Member State concerned shall provide quantified substantive information. 3. Following such a request from a Member State the Commission shall immediately consult the Committee referred to in Article 5. 4. If, following consultation of the Committee, the Commission concludes that a crisis exists, it may, by decision, take measures to prevent any further increase in the supply of capacity in the market affected through limits on the increase in the activity of existing hauliers and restrictions on access to the market for new hauliers. The said decision shall be taken within 30 days of receipt of the request from a Member State. The measures introduced in accordance with this Article may remain in force for a period up to but not exceeding six months, renewable once with the same period of validity. 5. The Commission shall without delay notify the Member States and the Council of any decision taken pursuant to paragraph 4 or, where appropriate, of its decision not to take measures. 6. A Member State or States may submit a Commission decision as referred to in paragraph 5 to the Council within 30 days of its notification. The Council, acting by a qualified majority, may, within the period of validity laid down in the third subparagraph of paragraph 4, take a different decision within 30 days following referral by the Member State or States concerned. 7. Where the Commission considers that: — the measures referred to in paragraph 4 need to be prolonged, and/or — additional separate measures need to be taken, it shall submit a proposal to the Council, which will take a decision by qualified majority. Article 5 The Commission shall be assisted by an Advisory Committee composed of representatives of the Member States and chaired by a representative of the Commission. The tasks of the Committee shall be: — to follow the situation on the transport market referred to in Article 1 and advise the Commission on the subject, — to advise the Commission, at is request, on the collection of data referred to in Article 3, — to advise the Commission, at its request, on any request from a Member State under Article 4(1), — to advise the Commission on the measures proposed to resolve a crisis, in particular on the practical application of such measures. In addition, the Committee may, within the framework of this Regulation, be consulted by the Commission on any other matter relating to the implementation of this Regulation. The Committee shall draw up its rules of procedure. Article 6 Where the procedure defined in this Article is used, the Commission shall submit to the Committee a draft of the interim to be taken to resolve a crisis. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter, if necessary by taking a vote. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account. Article 7 The Commission shall submit to the European Parliament and to the Council by no later than 31 December 1995 a report on the application of this Regulation, accompanied by any necessary proposals. Article 8 This Regulation shall enter into force on 1 January 1991. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 21 December 1990. For the Council The President A. RUBERTI (1) OJ No C'87, 5. 4. 1990, p. 4 and OJ No C 294, 24. 11. 1990, p. 11. (2) Opinion delivered on 26 October 1990 (not yet published in the Official Journal). (3) Opinion delivered on 19 September 1990 (not yet published in the Official Journal). (4) OJ No L 357, 29. 12. 1976, p. 1. (5) OJ No L 163, 30. 6. 1988, p. 1.

Summary: Goods: community safeguard mechanism Goods: community safeguard mechanism This Regulation aims to introduce a Community safeguard mechanism, to be brought into operation in the event of a crisis in the market in the carriage of goods by road. ACT Council Regulation (EEC) No 3916/90 of 21 December 1990 on measures to be taken in the event of a crisis in the market in the carriage of goods by road SUMMARY The safeguard clause is an important back-up measure for the complete dismantling of the system of quotas currently regulating access to the market. The Regulation applies to the carriage of goods by road in the territory of the Community between Member States for hire or reward. The Commission collects the data required to monitor market developments and spot the existence of a crisis. In the event of a crisis the Member State concerned supplies the Commission with substantive, quantified information. The Commission may then take all measures designed to prevent any further increase in haulage capacity on the affected market by placing limits on the growth of the operations of existing carriers and placing restrictions on market access for new carriers. An Advisory Committee is in place to assist the Commission in applying this Regulation. It consists of representatives from the Member States and is presided by a Commission representative. Act Entry into force - Date of expiry Deadline for transposition in the Member States Official Journal Regualtion (EEC) 3916/90 01.01.1991 - L 375 of 30.12.1990 Last updated: 31.08.2007


25.2.1989 EN Official Journal of the European Communities L 54/3 COOPERATION AGREEMENT between the European Economic Community, of the one part, and the countries parties to the Charter of the Cooperation Council for the Arab States of the Gulf (the State of the United Arab Emirates, the State of Bahrain, the Kingdom of Saudi Arabia, the Sultanate of Oman, the State of Qatar and the State of Kuwait) of the other part PREAMBLE THE COUNCIL OF THE EUROPEAN COMMUNITIES, hereinafter referred to as ‘the Community’, of the one part, and THE GOVERNMENTS OF THE COUNTRIES PARTIES TO THE CHARTER OF THE COOPERATION COUNCIL FOR THE ARAB STATES OF THE GULF (the State of the United Arab Emirates, the State of Bahrain, the Kingdom of Saudi Arabia, the Sultanate of Oman, the State of Qatar and the State of Kuwait), hereinafter referred to as ‘the GCC Countries’ of the other part, HAVING REGARD to the traditional bonds of friendship between the Member States of the Gulf Cooperation Council (GCC) and the Member States of Community, RECOGNIZING that the establishment of contractual relations between the community and the GCC Countries will help to promote overall cooperation between equal partners on mutually advantageous terms in all spheres between the two regions and further their economic development, taking into consideration the differences in levels of development of the parties, CONFIRMING their political will to establish a new structure for a comprehensive dialogue between the Community and the GCC Countries in order to broaden and consolidate cooperation between the two regions, EMPHASIZING the fundamental importance attached by the parties to consolidating and strengthening regional integration, a key factor in the development of the GCC Countries and the stability of the Gulf region, EMPHASIZING the parties' determination to cooperate with a view to improving the world economic and energy situation, REAFFIRMING that cooperation between the Community and the GCC Countries is complementary to the Euror-Arab dialogue and not a substitute for it, REAFFIRMING their attachment to the principles of the United Nations Charter, RECOGNIZING the positive role of the GCC for the preservation of peace, security and stability of the Gulf region, RESOLVED to provide a sounder basis for cooperation in conformity with international obligations, FOR THE COUNCIL OF THE EUROPEAN COMMUNITIES: Mr Hans-Dietrich GENSCHER Federal Minister for Foreign Affairs of the Federal Republic of Germany, President-in-Office of the Council of the European Communities, Mr Claude CHEYSSON Member of the Commission of the European Communities, FOR THE GOVERNMENTS OF COUNTRIES PARTIES TO THE CHARTER OF THE COOPERATION COUNCIL FOR THE ARAB STATES OF THE GULF: HRH Prince Saud AL-FAISAL Minister of Foreign Affairs of the Kingdom of Saudi Arabia, President-in-Office of the Ministerial Council of the Cooperation Council for the Arab States of the Gulf, H. E. ABDULLAH YAKOOB BISHARA Secretary General of the Cooperation Council for the Arab States of the Gulf HAVE AGREED AS FOLLOWS: General objectives Article 1 1. The Contracting Parties hereby agree that the main objectives of this Cooperation Agreement are as follows: (a) to strengthen relations between the European Economic Community, on the one hand, and the GCC countries, on the other, by placing them in an institutional and contractual framework; (b) to broaden and consolidate their economic and technical cooperation relations and also cooperation in energy, industry, trade and services, agriculture, fisheries, investment, science, technology and environment, on mutually advantageous terms, taking into account the differences in levels of development of the Parties; (c) to help strengthen the process of economic development and diversification of the GCC countries and so reinforce the role of the GCC in contributing to peace and stability in the region. 2. Cooperation in particular fields will be governed by the provisions hereafter. Econmic cooperation Article 2 In the light of their mutual interests and in accordance with their long-term economic objectives, the Contracting Parties undertake to establish within the limits of their competence, the broadest possible economic cooperation from which no field shall be excluded in advance. Article 3 1. In the economic and technical fields, the Contracting Parties shall strive to encourage and facilitate, inter alia: — the efforts made by the GCC countries to develope their productive sectors and the economic infrastructure in order to diversify the structure of their economies, taking into account the mutual interest of the Parties, — market surveys and trade promotion by both parties on their respective markets and on other markets, — the transfer and development of technology, in particular through joint ventures between undertakings and institutions in the two regions (research, production, goods and services), and to this end, and in the framework of their respective legislation, appropriate arrangements between undertakings and institutions within the Community and those of the GCC countries, with a view to protecting patents, trademarks and other intellectual property rights, — the promotion of cooperation on a long-term basis between undertakings of the two Parties in order to establish more stable and balanced links between the respective economies, — the promotion of cooperation in the fields of standards and measurements, — the exchange of available information on short and medium-term prospects and forecasts for production, consumption and trade, — training. 2. The specific aspects of cooperation will be dealt with by the provisions hereafter. Article 4 In the field of agriculture, agri-industry and fisheries, the Contracting Parties shall strive to encourage and facilitate, inter alia: — the stepping-up of exchanges of information on developments in agricultural production and on short and medium-term forecasts of production, consumption and trade on world markets, — the promotion of contacts between enterprises, research institutions and other agencies in order to stimulate joint projects in agriculture, agri-industry and fisheries. Article 5 In the industrial field, the Contracting Parties shall strive to encourage and facilitate, inter alia: — the GCC countries' efforts to develop their industrial production and diversify and expand their economic base, taking into account the mutual interest of the Contracting Parties, — the organization of contacts and meetings between industrial policy makers, promoters and undertakings in order to encourage the establishment of new relations in the industrial sector in conformity with the objectives of the Agreement, — the promotion of joint industrial ventures. Article 6 In the field of energy, the Contracting Parties shall strive to encourage and facilitate, inter alia: — cooperation in the two regions by energy undertakings of the Community and the GCC countries, — joint analyses of trade between the two regions in crude oil, gas and petroleum products and its industrial aspects with a view to considering ways and means of improving their trade exchanges, — exchanges of views and information on matters relating to energy in general and respective energy policies, without prejudice to the parties' international obligations, — training, — studies, notably on new and renewable sources of energy. Article 7 In the field of investments, the Contracting Parties shall strive to take steps for the mutual promotion and protection of investments, in particular through the extension by the Member States of the Community and the GCC countries of investment promotion and protection agreements with a view to improving reciprocal investment conditions. Article 8 In the fields of science and technology, the Community and the GCC countries shall strive to encourage and facilitate, inter alia: — cooperation in scientific and technological research and development in the two regions, — the transfer and adaptation of technology, notably through research activities and appropriate arrangements between economic operators of the two regions, — the links between the scientific communities in the GCC countries and the Community, — access to data banks concerning patents. Article 9 The Contracting Parties shall exchange information on developments in their respective policies on protecting the environment and the protection and development of wildlife. They shall encourage cooperation in these fields. Article 10 1. The Joint Council referred to in Article 12 shall periodically define the general guidelines of cooperation for the purpose of attaining the aims set out in this Agreement. 2. The Joint Council shall be responsible for seeking ways and means of establishing cooperation in the areas defined by the Agreement. Trade Article 11 1. In the field of trade, the objective of this Agreement is to promote the development and diversification of the reciprocal commercial exchanges between the Contracting Parties to the highest possible level, inter alia by studying ways and means of overcoming trade barriers for the access of each Contracting Party's products to the other Contracting Party's market. 2. The Contracting Parties shall enter into discussions concerning the negotiation of an agreement aimed at the expansion of trade in accordance with the provisions of the Joint Declaration annexed hereto. 3. Pending the conclusion of the trade agreement referred to in paragraph 2, the Contracting Parties accord each other most-favoured-nation treatment. General and final provisions Article 12 1. A Joint Council for GCC/Community cooperation, hereafter referred to as the ‘Joint Council’, is hereby established which shall have the power, for the purpose of attaining the objectives set out in the Agreement, to take decisions in the cases provided for in the Agreement. The decisions taken shall be binding on the Contracting Parties, which shall take such measures as are required to implement them. 2. The Joint Council may also formulate any resolutions, recommendations or opinions which it considers desirable for the attainment of the common objectives and the smooth functioning of the Agreement. 3. The Joint Council shall adopt its own rules of procedure. Article 13 1. The Joint Council shall be composed of representatives of the Community, on the one hand, and of representatives of the GCC countries, on the other. 2. Members of the Joint Council may be represented as laid down in its rules of procedure. 3. The Joint Council shall act by mutual agreement between the Community, on the one hand, and the GCC countries, on the other. Article 14 1. The office of President of the Joint Council shall be held alternately by the Community and the GCC countries in accordance with the conditions to be laid down in the rules of procedure. 2. Meetings of the Joint Council shall be called once a year by the President. The Joint Council shall hold whatever additional meetings may be necessary, at the request of the Community or the GCC countries, as laid down in its rules of procedure. Article 15 1. The Joint Council shall be assisted in the performance of its duties by a Joint Cooperation Committee. It may decide to set up any other committee that can assist it in carrying out its duties, 2. The Joint Council shall determine the composition and duties of such committees and how they shall function. Article 16 1. The Contracting Parties shall take all appropriate measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives of this Agreement are attained. 2. If either Contracting Party considers that the other Contracting Party has failed to fulfil an obligation under this Agreement, it may take appropriate measures. Before so doing, it shall supply the Joint Council with all relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Contracting Parties. In the selection of measures, priority must be given to those which least disturb the functioning of this Agreement. These measures shall be notified to the Joint Council, which shall hold consultations on them if another Contracting Party so requests. Article 17 Where, in the course of the exchanges of information provided for in this Agreement, problems arise, or seem likely to arise, in the general functioning of the Agreement or in the trade field, consultations may take place between the Parties, in the Joint Council, with a view to avoiding market disturbances in so far as possible. Article 18 Each Contracting Party may request the other Party to provide all relevant information on an agreement which has a direct and specific impact on the functioning of the Agreement. In such cases, appropriate consultation shall be held within the Joint Council at the request of the other Party so that the interests of the Contracting Parties may be taken into consideration. Article 19 In the fields covered by this Agreement and without prejudice to its provisions: — the arrangements applied by the GCC countries in respect of the Community shall not give rise to any discrimination between its Member States, their nationals, or their companies or firms, — the arrangements applied by the Community in respect of the GCC countries shall not give rise to any discrimination between them, their nationals, or their companies or firms. Article 20 1. Without prejudice to the relevant provisions of the Treaties establishing the European Communities, this Agreement and any action taken thereunder shall in no way affect the power of the Member States of the Communities to undertake bilateral activities with the GCC countries in the field of economic cooperation or to conclude, where appropriate, new economic cooperation agreements with those countries. 2. Without prejudice to the provisions of the GCC Charter and any other agreements on GCC integration, this Agreement and any action taken thereunder shall in no way affect the powers of the GCC countries to undertake bilateral activities with the Member States of the Community in the field of economic cooperation or to conclude, where appropriate, new cooperation agreements with those Member States. 3. Subject to the provisions of Article 11, this Agreement and any action taken thereunder shall in no way affect the power of the GCC countries to undertake bilateral activities with other Arab League Nations in the field of economic cooperation or to conclude, where appropriate, new economic cooperation agreements with these countries. Article 21 1. Any dispute which may arise between the Contracting Parties concerning the interpretation of this Agreement may be placed before the Joint Council. 2. If the Joint Council fails to settle the dispute at its next meeting, either Party may notify the other of the appointment of an arbitrator; the other Party must then appoint a second arbitrator within two months. For the purposes of the application of this procedure, the Community shall be deemed to be one Party to the dispute, as shall the GCC countries. The Joint Council shall appoint a third arbitrator. The decisions of the arbitrators must be taken by majority vote. Each party to the dispute must take the measures required for the implementation of the arbitrators' decision. Article 22 The Declarations and Exchanges of Letters annexed hereto shall form an integral part of this Agreement. Article 23 This Agreement is concluded for an unlimited period. Each Contracting Party may denounce this Agreement by notifying the other Contracting Party. This Agreement shall cease to apply six months after the date of such notification. Article 24 This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territories of the GCC countries. Article 25 This Agreement is drawn up in duplicate in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish and Arabic languages, each of these texts being equally authentic. Article 26 This Agreement will be approved by the Contracting Parties in accordance with their own procedures. This Agreement shall enter into force on the first day of the second month following notification that the procedures referred to in the first subparagraph have been completed. En fe de lo cual, los plenipotenciarios firmantes, debidamente habilitados para este fin, han firmado el presente acuerdo. Til bekræftelse heraf har undertegnede befuldmægtigede, som er behørigt befuldmægtigede hertil, underskrevet denne aftale. Zu Urkund dessen haben die hierzu gehörig befugten unterzeichneten Bevollmächtigten dieses Abkommen unterschrieben. Εις πίστωσν των ανωτέρω, οι υπογεγραμμένοι πληρεξούσιοι, δεόντως εξουσιοδοτημένοι προς τούτο, υπέγραψαν την παρούσα συμφωνία. In witness whereof, the undersigned Plenipotentiaries, being duly authorized thereto, have signed this Agreement. En foi de quoi, les plénipotentiaires soussignés, dûment habilités à cette fin, ont signé le présent accord. In fede di che, i plenipotenziari sottoscritti, debitamente abilitati a tale fine, hanno firmato il presente accordo. Ten blijke waarvan de ondergetekende gevolmachtigden, naar behoren daartoe gemachtigd, deze Overeenkomst hebben ondertekend. Em fé do que, os plenipotenciarios abaixo assinados, devidamente habilitados para o efeito, apuseram as suas assinaturas no presente acordo. Hecho en Luxemburgo, el quince de junio de mil novecientos ochenta y ocho, correspondiente al primero del mes Thil QUDAH de mil cuatrocientos ocho de la Héjira. Udfærdiget i Luxembourg, den femtende juni nitten hundrede og otteogfirs, svarende til den første i måneden Thil QUDAH fjorten hundrede og otte HEGIRE. Geschehen zu Luxemburg am fünfzehnten Juni neunzehnhundertachtundachtzig, der dem Ersten des Monats Thil QUDAH eintausendvierhundertacht HEGIRE entspricht. Έγινε στο Λουξεμβούργο, στις δεκαπέντε Ιουνίου χίλια εννιακόσια ογδόντα οκτώ που αντιστοιχεί στην πρώτη του μηνός Thil QUDAH χίλια τετρακόσια οκτώ HEGIRE. Done at Luxembourg on the fifteenth day of June in the year one thousand nine hundred and eighty-eight, which corresponds to the first day of the month of Thil QUDAH, HEGIRA, one thousand four hundred and eight. Fait à Luxembourg, le quinze juin mil neuf cent quatre-vingt-huit, correspondant au premier du mois Thil QUDAH mil quatre cent huit de l'hégire. Fatto a Lussemburgo, il quindici giugno millenovecentottantotto, corrispondente al primo del mese Thil QUDAH millequattrocento e otto HEGIRE. Gedaan te Luxemburg de vijftiende juni negentienhonderd ächtentachtig welke datum overeenkomt met de eerste van de maand Thil QUDAH duizend vierhonderd acht van de hidzjra. Feito no Luxemburgo, em quinze de Junho de mil novecentos e oitenta e oito, correspondente ao primeiro dia do mês Thil QUDAH mil quatrocentos e oito HEVIRE. Por el Consejo de las Comunidades Europeas For Rådet for De Europæiske Fællesskaber Für den Rat der Europäischen Gemeinschaften Για το Συμβούλιο των Ευρωπαϊκών Κοινοτήτων For the Council of the European Communities Pour le Conseil des Communautés européennes Per il Consiglio delle Comunità europee Voor de Raad van de Europese Gemeenschappen Pelo Conselho das Comunidades Europeias Por los Gobiernos de los países parte de la Carta del Consejo de Cooperación para los Estados árabes del Golfo For regeringerne for deltagerlandene i Charteret for Samarbejdsrådet for De Arabiske Golfstater Für die Regierungen der Vertragsparteien der Charta des Kooperationsrates der Arabischen Golfstaaten Για τις κυβερνήσεις των Χωρών Μερών του Καταστατικού Χάρτη του Συμβουλίου Συνεργασίας των Αραβικών Κρατών του Κόλπου For the Governments of the countries parties to the Charter of the Cooperation Council for the Arab States of the Gulf Pour les gouvernements des pays parties à la charte du Conseil de coopération pour les États arabes du Golfe Per i governi dei paesi membri del consiglio di cooperazione degli Stati arabi del Golfo Voor de Regeringen van de landen die partij zijn bij het Handvest van de Raad voor Samenwerking van de Arabische Golfstaten Pelos Governos dos países que são partes na Carta do Conselho de Cooperação dos Estados Árabes do Golfo Joint Declaration concerning Article 7 The Contracting Parties welcome the work and the progress achieved within the Euro-Arab Dialogue towards the elaboration of the Convention between the Member States of the European Communities and the Member States of the Arab League for the Reciprocal Promotion and Protection of Investments. They express the wish to see this work rapidly finished so that such Convention can soon enter into force. Both sides welcome the fact that the Member States of the European Community and the Member States of the Cooperation Council for the Arab States of the Gulf shall, pending the conclusion of the EAD Convention concerning the reciprocal promotion and protection of investments, use their best endeavours to apply in their mutual investment policies the orientations upheld during the negotiations of that Convention. Joint Delcaration concerning Article 11 (2) 1. The Contracting Parties agree that the objective of the agreement referred to in Article 11 (2) is the expansion of trade by appropriate measures to improve the access of each Party's exports to the other Party's market and to liberalize their bilateral trade. 2. The European Community has expressed its readiness to examine the possibility of negotiating the agreement referred to in paragraph 1 provided that the entry into force of this Agreement is not jeopardized and that the Contracting Parties find solutions enabling the following conditions to be met: — full conformity with the relevant provisions of the GATT, — the adoption of measures in the industrial and commercial field ensuring that the agreement does not undermine efforts to restructure the Community's oil refining and petrochemical industries and to maintain a production capacity in these industries, in accordance with the Community's basic interest and its security of supply, — the adoption of measures enabling the worries of the GCC countries concerning the sensitive sectors of their economy, and in particular the protection of their infant industries, to be resolved, — an undertaking on the part of the Community, as far as petroleum products of the GCC are concerned, to maintain non-discriminatory conditions of market access for GCC petroleum products. 3. The Contracting Parties agree to enter into talks, as of the signature of this Agreement, to examine whether the conditions set out in paragraph 2 can be met, so as to enable them to open the formal negotiations. 4. Prior to the formal opening of the negotiations of the agreement referred to in paragraph 1, the Contracting Parties shall make appropriate arrangements in order not to aggravate existing barriers trade between them, nor to create new barriers as of such opening date. 5. The Contracting Parties undertake to promote, in particular in the context of the GATT multilateral negotiations, joint actions to bring about a multilateral reduction of customs duties applicable to petrochemicals. Declaration of the European Economic Community concerning paragraph 4 of the Joint Declaration concerning Article 11 (2) The European Economic Community hereby declares that nothing in paragraph 4 of the Joint Declaration concerning Article 11 (2), annexed to the Cooperation Agreement, shall prevent the Community from taking any measures in conformity with GATT and in particular from taking any measures concerning the advantages accorded under the provisions of the generalized system of preferences. Exchange of Letters concerning Article 11 (3) Sir, According to Article 11 (3) of the Cooperation Agreement, the Contracting Parties accord each other most-favoured-nation treatment. Since the Agreement does not specify the nature of such treatment, it is necessary to define the same as follows: 1. The most-favoured-nation treatment accorded by the Contracting Parties shall be given with regard to imported and exported goods in all matters relating to: — customs duties and charges of all kinds, including the procedures collecting such duties and charges, — regulations concerning customs clearance, transit, warehousing or transhipment, — direct or indirect taxes and other internal charges, — regulations concerning payments, including the allocation of foreign currency and the transfer of such payments, — regulations affecting the sale, purchase transport, distribution and use of goods on the internal market. As far as the Community is concerned, imports into Spain and Portugal shall be subject to the provisions of 12 June 1985 Act of Accession of those countries to the Community. 2. Paragraph 1 shall not apply to: (a) advantages granted with the object of establishing a customs union or a free-trade area or as required by such a customs union or free-trade area, (b) advantages granted to certain countries in conformity with the General Agreement on Tariffs and Trade, (c) advantages granted to neighbouring countries to facilitate frontier-zone traffic, (d) advantages which the GCC countries grant to certain countries as laid down by the Protocol on trade negotiations between developing countries done at Geneva on 8 December 1971. 3. These provisions shall apply without prejudice to the rights and obligations with exist under the General Agreement on Tariffs and Trade. I would be grateful if you would acknowledge receipt of this letter and confirm the agreement of your Governments with its contents. Please accept, Sir, the assurance of my highest consideration. On behalf of the Council the European Communities Sir, I have the honour to acknowledge receipt of your letter of today's date concerning Article 11 (3) of the Cooperation Agreement which reads as follows: ‘According to Article 11 (3) of the Cooperation Agreement, the Contracting Parties accord each other most-favoured-nation treatment. Since the Agreement does not specify the nature of such treatment, it is necessary to define the same as follows: 1. The most-favoured-nation treatment accorded by the Contracting Parties shall be given with regard to imported and exported goods in all matters relating to: — customs duties and charges of all kinds, including the procedures for collecting such duties and charges, — regulations concerning customs clearance, transit, warehousing or transhipment, — direct or indirect taxes and other internal charges, — regulations concerning payments, including the allocation of foreign currency and the transfer of such payments, — regulations affecting the sale, purchase, transport, distribution and use of goods on the internal market. As far as the Community is concerned, imports into Spain and Portugal shall be subject to the provisions of 12 June 1985 Act of Accession of those countries to the Community. 2. Paragraph 1 shall not apply to: (a) advantages granted with the object of establishing a customs union or a free-trade area or as required by such a customs union or free-trade area, (b) advantages granted to certain countries in conformity with the General Agreement on Tariffs and Trade, (c) advantages granted to neighbouring countries to facilitate frontier-zone traffic, (d) advantages which the GCC countries grant to certain countries as laid down by the Protocol on trade negotiations between developing countries done at Geneva on 8 December 1971. 3. These provisions shall apply without prejudice to the rights and obligations which exist under the General Agreement on Tariffs and Trade.’ I have the honour to inform you that the Governments of the GCC countries are in agreement with the contents of your letter. Please accept, Sir, the assurance of my highest consideration. On behalf of the Governments of the GCC countries Exchange of Letters concerning Article 19 Sir, I have the honour to inform you of the following declaration by the Governments of the GCC countries on Article 19 of the Cooperation Agreement: ‘The GCC Countries hereby declare that, in applying Article 19 of the Agreement, their undertakings do not require them to repeal laws and regulations in force in so far as they remain necessary for the protection of their essential security interests. The GCC countries will ensure that such laws and regulations are applied in such a way as to ensure compliance with Article 16 of the Agreement.’ Please accept, Sir, the assurance of my highest consideration. On behalf of the Governments of the GCC countries Sir, In your letter of today's date you communicate to me a declaration by your Governments on Article 19 of the Cooperation Agreement. I have the honour to inform you of the following declaration by the European Economic Community on Article 19 of the Agreement: ‘1. The European Economic Community notes the declaration by the GCC countries. 2. The European Economic Community expects the principles set out in the Agreement, including those in Article 19 of the Agreement, to be put into full application. The European Economic Community considers, in particular, that the application of the principle of non-discrimination should ensure the correct and smooth application of the Agreement.’ Please accept, Sir, the assurance of my highest consideration. On behalf of the Council of the European Communities

Summary: Cooperation Agreement between the EEC and the Gulf Cooperation Council (GCC) Cooperation Agreement between the EEC and the Gulf Cooperation Council (GCC) SUMMARY OF: Cooperation Agreement between the EEC and the GCC countries Decision 89/147/EEC — conclusion of a Cooperation Agreement between the EEC and the GCC countries WHAT IS THE AIM OF THE DECISION AND THE AGREEMENT? The decision concerns the conclusion, on behalf of the EEC (now the EU), of a partnership and cooperation agreement with the GCC countries (the United Arab Emirates, Bahrain, Saudi Arabia, Oman, Qatar and Kuwait). The agreement aims to promote the broadest overall cooperation between equal partners on mutually advantageous terms in all spheres between the 2 regions and further their economic development. KEY POINTS The agreement covers the following: economic cooperation, which should be as extensive as possible and not exclude any area, and technical cooperation, to encourage and facilitate the diversification of GCC countries’ economiesmarket research and trade promotiontechnology transfer and development, notably through joint initiatives and the protection of patents, trademarks and intellectual property rightsthe promotion of stable and balanced links between traderscooperation on standards and measuresinformation exchange;training; agriculture, the agri-food industry and fisheries, to increase the sharing of information and encourage contacts between companies and research institutions to promote common projects; industry, to encourage joint enterprises, develop industrial production, enlarge the economic base and to organise contacts and meetings; environmental and wildlife protection, to encourage the parties to share information; investment, to improve investment conditions particularly through agreements on mutual promotion and protection; in the fields of science and technology, to encourage links between scientific communities and access to patent databases, research, scientific and technological development, technology transfers and adaptation; the development and diversification of trade. The parties agreed to find ways to eliminate trade barriers and to open discussions on an agreement to develop trade. A common declaration on this matter was included at the end of the text. Pending agreement, both parties will grant each other the status of most favoured nation* status, as set out in a letter from the EU attached to the agreement. Institutional provisions The agreement sets up a Joint Cooperation Council which periodically lays down the general guidelines for cooperation, acts as an arbiter in the event of dispute and seeks means of putting cooperation into practice. Its decisions are binding on the parties, and its presidency rotates between the EU and the GCC countries. It is assisted by a Joint Cooperation Committee, and may decide to set up further committees. Parties must exchange information and consult the Joint Council regarding: useful information that has a direct impact on the agreement; orpossible problems in the general functioning of the agreement or concerning trade. This agreement does not prevent the conclusion of bilateral agreements, providing that they do not conflict with this agreement. Its duration is unlimited, but if one party renounces it in writing, it will cease to apply 6 months after the notification date. DATE OF ENTRY INTO FORCE The agreement entered into force on 1 January 1990. BACKGROUND For more information, see: Gulf Cooperation Council (GCC) and the EU (European External Action Service) Gulf Cooperation Council (GCC) (European External Action Service). KEY TERMS Most favoured nation: under the World Trade Organization agreements, countries cannot normally discriminate between their trading partners. If a country grants another country a special favour (such as a lower customs duty rate for one of their products) they have to do the same for all other WTO members. MAIN DOCUMENTS Cooperation Agreement between the European Economic Community, of the one part, and the countries parties to the Charter of the Cooperation Council for the Arab States of the Gulf (the State of the United Arab Emirates, the State of Bahrain, the Kingdom of Saudi Arabia, the Sultanate of Oman, the State of Qatar and the State of Kuwait) of the other part (OJ L 54, 25.2.1989, pp. 3-15) Council Decision 89/147/EEC of 20 February 1989 concerning the conclusion of a Cooperation Agreement between the European Economic Community, of the one part, and the countries parties to the Charter of the Cooperation Council for the Arab States of the Gulf (the State of the United Arab Emirates, the State of Bahrain, the Kingdom of Saudi Arabia, the Sultanate of Oman, the State of Qatar and the State of Kuwait) of the other part (OJ L 54, 25.2.1989, pp. 1-2) RELATED DOCUMENTS Information on the date of entry into force of the Cooperation Agreement between the European Economic Community, of the one part, and the countries parties to the Charter of the Cooperation Council for the Arab States of the Gulf (the State of the United Arab Emirates, the State of Bahrain, the Kingdom of Saudi Arabia, the Sultanate of Oman, the State of Qatar and the State of Kuwait) of the other part (OJ L 360, 9.12.1989, p. 41) last update 04.03.2020


EUR-Lex - 31989L0108 - EN Avis juridique important | 31989L0108 Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption Official Journal L 040 , 11/02/1989 P. 0034 - 0037 Finnish special edition: Chapter 15 Volume 9 P. 0049 Swedish special edition: Chapter 15 Volume 9 P. 0049 COUNCIL DIRECTIVE of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption (89/108/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof, Having regard to the proposal from the Commission, In cooperation with the European Parliament (1), Having regard to the opinion of the Economic and Social Committee (2), Whereas the manufacture of and trade in quick-frozen foodstuffs intended for human consumption (hereinafter referred to as 'quick-frozen foodstuffs') are assuming increasing importance in the Community; Whereas the differences between national laws relating to quick-frozen foodstuffs hamper the free movement thereof; whereas they may create unequal conditions of competition and therefore have a direct effect on the establishment and functioning of the common market; Whereas it is therefore necessary to approximate these laws; Whereas to that end the Community rules must be given the widest possible scope, extending to all quick-frozen foodstuffs intended for human consumption and including not only products intended for supply without further processing to the ultimate consumer and to restaurants, hospitals, canteens and to other similar mass caterers, but; also products having to be further processed or prepared; Whereas, however, these rules need not apply to products not offered for sale as quick-frozen foodstuffs; Whereas it is in any case appropriate to lay down the general principles which any quick-frozen foodstuffs must satisfy; Whereas at a later stage special provisions over and above the general principles may, where necessary, be adopted for certain categories of quick-frozen foodstuffs,in accordance with the procedure applicable to each of these categories; Whereas the purpose of quick-freezing is to preserve the intrinsic characteristics of foodstuffs by a process of rapid freezing; whereas it is necessary to attain a temperature of -18 °C or lower at all points in the product; Whereas at -18 °C all microbiological activity likely to impair the quality of a foodstuff is suspended; whereas it is therefore necessary to maintain at least that temperature, subject to a certain technically inevitable tolerance, during the storage and distribution of quick-frozen foodstuffs before their sale to the ultimate consumer; Whereas for technical reasons certain temperature increases are inevitable and may therefore be tolerated provided they do not harm the quality of the products, which may be ensured by complying with good storage and distribution practice, taking account in particular of the proper level of stock rotation; Whereas the performance of certain technical equipment at present in use for the local distribution of quick-frozen foodstuffs is not capable of ensuring in every case full compliance with the temperature limits imposed in this Directive, and it is therefore necessary to provide for a transitional system allowing for existing material to be used for its normal lifetime; Whereas this Directive need merely state the objectives to be attained as regards both the equipment used for the quick-freezing process and the temperatures to be observed in the storage, handling, transport and distribution installations and equipment; Whereas it is incumbent upon Member States to ensure by means of official checks that the equipment used is capable of meeting these objectives; Whereas such checks render superfluous any system of official certification for trade purposes; Whereas it is desirable to provide for the possibility of using cryogenic fluids in direct contact with quick-frozen foodstuffs: whereas therefore these fluids must be sufficiently inert not to impart to the foodstuffs any constituents in quantities liable to constitute a hazard to human health, or to. give rise to an unacceptable change in the composition of foodstuffs, or to impair their organoleptic characteristics; Whereas in order to attain this objective it is necessary to adopt a list of these substances and to lay down criteria for their purity and conditions for their use; Whereas quick-frozen foodstuffs intended for the ultimate consumer and for restaurants, hospitals, canteens and other similar mass caterers are subject, as far as their labelling is concerned, to the rules laid down by Council Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (3), as last amended by Directive 86/197/EEC (4); whereas the present Directive need therefore merely lay down the particulars which are specific to quick-frozen foodstuffs; Whereas, to facilitate trade, rules should also be adopted for the labelling of quick-frozen foodstuffs not intended for supply in the frozen state to the ultimate consumer or to restaurants, hospitals, canteens and other similar mass caterers; Whereas, in order to simplify and speed up the procedure, the Commission should be assigned the task of adopting implementing measures of a technical nature; Whereas, in all cases in which the Council empowers the Commission to implement the rules laid down for foodstuffs, a procedure establishing close cooperation between the Member States and the Commission within the Standing Committee on Foodstuffs set up by Council Decision 69/414/EEC (5) should be laid down, HAS ADOPTED THIS DIRECTIVE: Article 1 1. This Directive shall apply to quick-frozen foods intended for human consumption, hereinafter referred to as 'quick-frozen foodstuffs'. 2. For the purposes of this Directive 'quick-frozen foodstuffs' means foodstuffs - which have undergone a suitable freezing process known as 'quick-freezing' whereby the zone of maximum crystallization is crossed as rapidly as possible, depending on the type of product, and the resulting temperature of the product (after thermal stabilization) is continuously maintained at a level of -18 °C or lower at all points, and - which are marketed in such a way as to indicate that they possess this characteristic. For the purposes of this Directive, ice-cream and other edible ices shall not be regarded as quick-frozen foodstuffs. 3. This Directive shall apply without prejudice to Community provisions relating to: (a) the common organization of markets in the agricultural and fisheries sectors; (b) veterinary hygiene. Article 2 Only the products defined in Article 1 (2) may bear the names provided for in Articles 8 and 9. Article 3 1. Raw materials used in the manufacture of quick-frozen foodstuffs must be of sound, genuine and merchantable quality and be of the required degree of freshness 2. Preparation and quick-freezing of products must be carried out promptly, using appropriate technical equipment, in order to limit chemical, biochemical and microbiological changes to a minimum. Article 4 The cryogenic media authorized, to the exclusion of all others, for use in direct contact with quick-frozen foodstuffs shall be the following: - air, - nitrogen, - carbon dioxide. By way of derogation from the first paragraph, Member States may retain until 31 December 1992 national laws authorizing the use of dichlorodifluoromethane (R 12) as a cryogenic medium. The purity criteria to be satisfied by these cryogenic media shall be determined, as far as necessary, in accordance with the procedure laid down in Article 12. Article 5 1. The temperature of quick-frozen foodstuffs must be stable and maintained, at all points in the product, at -18 °C or lower, with possibly brief upward fluctuations of no more than 3 °C during transport. 2. However, tolerances in the temperature of the product in accordance with good storage and distribution practice shall be permitted during local distribution and in retail display cabinets subject to the following conditions: (a) these tolerances shall not exceed 3 °C; (b) they may, however reach 6 °C in retail display cabinets, if and to the extent that the Member States so decide. In that case, the Member States shall select the temperature in the light of stock or product rotation in the retail trade. They shall inform the Commission of the measures taken and of the grounds for those measures. The Commission shall review the tolerance provided for in the previous subparagraph in the light of technical developments and shall make proposals to the Council if appropriate before 1 January 1993. 3. For a period of eight years from the notification of this Directive, the Member States may, for local distribution, authorize tolerances of up to 6 °C. Article 6 1. The Member States shall: (a) ensure that the equipment used for quick-freezing, storage, transport, local distribution and retail display cabinets is such that compliance with the requirements of this Directive can be guaranteed: (b) conduct random official checks on the temperature of quick-frozen foodstuffs. 2. Member States shall not require that, as a preliminary to or during the marketing of quick-frozen foodstuffs, compliance with the provisions of paragraph 1 be attested by means of an official certificate. Article 7 Quick-frozen foodstuffs intended for supply to the ultimate consumer must be packed by the manufacturer or packer in suitable pre-packaging which protects them from microbial or other forms of external contamination and against drying. Article 81. Directive 79/112/EEC shall apply to products covered by this Directive and intended for supply without further processing to the ultimate consumer and to restaurants, hospitals, canteens and other similar mass caterers on the following conditions: (a) one or more of the following shall be added to the sales name: in Danish: 'dybfrossen', in German: 'tiefgefroren' or Tiefkuehlkost' or 'tiefgekuehlt' or 'gefrostet', in Spanish: 'ultracongelado' or 'congelado rapidamente', in Greek: "vaqeias kaapszxis tacheias zperkatepszgena", in English: 'quick-frozen', in French: 'surgélé', in Italian: 'surgelato', in Dutch: 'diepvries', in portuguese: 'ultracongelado'. (b) in addition to the date of minimum durability, the period during which quick-frozen products may be stored by the purchaser and the storage temperature and/or type of storage equipment required must be indicated: (c) the labelling of any quick-frozen foodstuff must include a reference from which the batch may be identified; (d) the label of any quick-frozen foodstuff must bear a clear message of the type 'do not refreeze after defrosting'. Article 9 1. The labelling of the products defined in Article 1 (2) which are not intended for sale to the ultimate consumer or to restaurants, hospitals, canteens and other similar mass caterers shall contain only the following mandatory particulars: (a) the sales name supplemented in accordance with Article 8 (1) (a) of this Directive; (b) the net quantity expressed in units of mass; (c) a reference enabling the batch to be identified; (d) the name or business name and address of the manufacturer or packer, or of a seller established within the Community. 2. lhe particulars provided for in paragraph 1 shall appear on the packaging, container or wrapping, or on a label attached thereto. 3. This Article shall not affect any Community metrological provisions which are more detailed or more comprehensive. Article 10 Member States may not, for reasons related to their manufacturing specifications, presentation or labelling, prohibit or restrict the marketing of any of the products defined in Article I (2) which comply with this Directive and, with measures taken for its application. Article 11 The sampling procedures for quick-frozen foodstuffs, the procedures for monitoring their temperature and for monitoring temperatures in the means of transport and warehousing and storage shall be determined in accordance with the procedure laid down in Article 12, before the end of a 24-month period following notification of this Directive. Article 12 1. Where the procedure provided for in this Article is invoked, the matter shall be referred to the Standing Committee on Foodstuffs, hereinafter referred to as the 'committee', by its chairman, acting either on his own initiative or at the request of the representative of a Member State. 2. The Commission representative shall submit to the committee a draft of the measures to be adopted. The committee shall deliver its opinion on the draft within a period to be determined by the chairman having regard to the urgency of the matter. It shall decide by a qualified majority, as laid down in Article 148 (2) of the Treaty. The chairman shall not vote. 3. (a) The Commission shall adopt the measures proposed where these are in conformity with the opinion of the committee; (b) where the measures proposed are not in conformity with the opinion of the committee or where no opinion is delivered, the Commission shall forthwith submit to the Council a proposal concerning the measures to be taken. The Council shall act by a qualified majority; (c) if, upon the expiry of a period of three months from the date on which the matter is brought before the Council, the latter has failed to take any measures, the Commission shall adopt the proposed measures Article 13 1. The Member States shall take the measures necessary to comply with this Directive. They shall forthwith inform the Commission thereof. The measures taken shall: - permit no later than 18 months after notification (6) of the Directive trade in products which comply with this Directive, - prohibit no later than 24 months after notification of the Directive trade in products which do not comply with this Directive 2. As regards retail display cabinets, for a period of eight years following notification of this Directive, Member States may retain the laws applying on the date when this Directive enters into force. In this case, the Member States shall inform the Commission, stating the reasons for their decision. Article 14 This Directive is addressed to the Member States. Done at Brussels, 21 December 1988. For the Council The President V. PAPANDREOU (1) OJ No C 175, 15. 7. 1985, p. 296 and OJ No C 12, 16. 1989. (2) OJ No C 104, 25. 4. 1985, p. 17.(3) O] No L 33, 8. 2. 1979, p. 1. (4) OJ No L 144, 29. 5. 1986, p. 38. (5) OJ No L 291, 19. 11. 1969, p. 9. (6) This Directive was notified to the Member States on 10 January 1989.

Summary: Quick-frozen food Quick-frozen food SUMMARY OF: Directive 89/108/EEC on quick-frozen foodstuffs for human consumption WHAT IS THE AIM OF THE DIRECTIVE? It lays down EU-wide rules governing the quick freezing, packaging, labelling and inspection of quick-frozen foodstuffs. KEY POINTS Freezing process Quick-frozen foodstuffs are those subjected to the ‘quick-freezing’ process, in which the temperature zone of maximum crystallisation is spanned as rapidly as possible and the product is then held (after thermal stabilisation) at a temperature of – 18 °C or lower. Quick freezing must be carried out promptly, using appropriate technical equipment, on raw materials of sound, genuine and saleable quality. Only air, nitrogen and carbon dioxide meeting specific purity criteria may be utilised as cryogenic media (i.e. at very low temperatures). The European Commission sets the purity criteria. Deviations from the temperature of – 18 °C for quick-frozen foods are permitted during transport and local distribution and in retail display cabinets. The deviation in such instances must not exceed 3 °C. Product packaging Quick-frozen foods must be packaged in pre-packaging which protects them against external contamination and drying. The labelling of quick-frozen foods must include the sales name, the indication ‘quick-frozen’ and the batch identification. The other compulsory information varies according to the intended consumer of that product. Ultimate consumers, restaurants, hospitals, canteens: the date of minimum durability, the period during which the product may be stored by the purchaser, the storage temperature and the storage equipment required.Others: the net quantity and the identity of the manufacturer, packer or seller. Official checksEU countries must ensure that the equipment used for quick-frozen foods complies with the directive and they must conduct random official checks on product temperature.The Commission is granted powers to adopt detailed rules for sampling and for monitoring temperature in the modes of transport, warehousing and storage. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 10 January 1989 and had to become law in the EU countries by 10 July 1990 for trade in products which complied with this directive. EU countries had to prohibit trade in products which did not comply with this directive by 10 January 1991. MAIN DOCUMENT Council Directive 89/108/EEC of 21 December 1988 on the approximation of the laws of the Member States relating to quick-frozen foodstuffs for human consumption (OJ L 40, 11.2.1989, pp. 34-37) Successive amendments to Directive 89/108/EEC have been incorporated into the original act. This consolidated version is of documentary value only. RELATED DOCUMENTS Commission Regulation (EC) No 37/2005 of 12 January 2005 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption (OJ L 10, 13.1.2005, pp. 18-19) Commission Directive 92/2/EEC of 13 January 1992 laying down the sampling procedure and the Community method of analysis for the official control of the temperatures of quick-frozen foods intended for human consumption (OJ L 34, 11.2.1992, pp. 30-33) last update 28.08.2019