1994R3285 — EN — 05.12.1996 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL REGULATION (EC)No 3285/94
of 22 December 1994
on the common rules for imports and repealing Regulation (EC)No 518/94
(OJ L 349, 31.12.1994, p. 53)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 139/96 of 22 January 1996 L 21 7 27.1.1996
►M2Council Regulation (EC) No 2315/96 of 25 November 1996 L 314 1 4.12.1996
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COUNCIL REGULATION (EC)No 3285/94
of 22 December 1994
on the common rules for imports and repealing Regulation (EC)No
518/94
THE COUNCIL OF THE EUROPEAN UNION,
Havingreg ard to the Treaty establishingthe European Community, andin particular Article 113 thereof,
Having regard to the instruments establishing the common organization
of agricultural markets and the instruments concerning processed agri-cultural products, in particular in so far as they provide for derogationfrom the general principle that quantitative restrictions or measureshavingequivalent effect may be replaced solely by the measuresprovided for in the said instruments,
Havingreg ard to the proposal from the Commission,Havingreg ard to the opinion of the European Parliament,(
1)
Whereas the common commercial policy should be based on uniform
principles; whereas Council Regulation (EC) No 518/94 of 7 March1994 on common rules for imports and repealingReg ulation (EEC) No288/82 (
2)is an important part of the policy;
Whereas due account was taken when Regulation (EC) No 518/94 was
adopted from the Community’s international obligations, particularlythose derivingfrom Article XIX of the General Ag reement on Tariffsand Trade (GATT);
Whereas the completion of the Uruguay Round has led to the founda-
tion of the World Trade Organization (WTO); whereas Annex 1A to theAgreement establishing the WTO contains interalia the General Agree-
ment on Tariffs and Trade 1994 (GATT 1994) and an Agreement onSafeguards;
Whereas the Agreement on Safeguard meets the need to clarify and
reinforce the disciplines of GATT 1994, and specifically those ofArticle XIX; whereas that Agreement requires the elimination of safe-guard measures which escape those rules, such as voluntary exportrestraints, orderly marketingarrang ements and any other similar importor export arrangements;
Whereas the Agreement on Safeguards also covers ECSC products;
whereas the common rules for imports, especially as regards safeguardmeasures, therefore also applies to those products without prejudice toany possible measures to apply an agreement specifically concerningECSC products;
Whereas in the light of these new multilateral rules the common rules
for imports should be made clearer and if necessary amended, particu-larly where the application of safeguard measures is concerned;
Whereas the startingpoint for the common rules for imports is liberali-
zation of imports, namely the absence of any quantitative restrictions;
Whereas the Commission should be informed by the Member States of
any danger created by trends in imports which might call forCommunity surveillance or the application of safeguard measures;
Whereas in such instances the Commission should examine the terms
and conditions under which imports occur, the trend in imports, thevarious aspects of the economic and trade situations and, where appro-priate, the measures to be applied;
(1) Opinion delivered on 14 December 1994 (not yet published in the Official
Journal).
(2) OJ No L 67, 10. 3. 1994, p. 77.
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Whereas if Community surveillance is applied, release for free circula-
tion of the products concerned should be made subject to presentationof an import document meetinguniform criteria; whereas that documentshould, on simple application by the importer, be endorsed by theauthorities of the Member States within a certain period but without theimporter thereby acquiringany rig ht to import; whereas the documentshould therefore be valid only duringsuch period as the import rulesremain unchanged;
Whereas the Member States and the Commission should exchange the
information resultingfrom Community surveillance as fully as possible;
Whereas it falls to the Commission and the Council to adopt the
safeguard measures required by the interests of the Community;whereas those interests should be considered as a whole and should inparticular encompass the interest of Community producers, users andconsumers;
Whereas safeguard measures against a Member of the WTO may be
considered only if the product in question is imported into theCommunity in such greatly increased quantities and on such terms orconditions as to cause, or threaten to cause, serious injury toCommunity producers of like or directly competingproducts, unlessinternational obligations permit derogation from this rule;
Whereas the terms ‘serious injury', ‘threat of serious injury' and
‘Community producers'should be defined and more precise criteria fordetermininginjury be established;
Whereas an investigation must precede the application of any safeguard
measure, subject to the reservation that the Commission be allowed inurgent cases to apply provisional measures;
Whereas there should be more detailed provisions on the openingof
investigations, the checks and inspections required, access by exportercountries and interested parties to the information gathered, hearings forthe parties involved and the opportunities for those parties to submittheir views;
Whereas the provisions on investigations introduced by this Regulation
are without prejudice to Community or national rules concerningprofessional secrecy;
Whereas it is also necessary to set time limits for the initiation of
investigations and for determinations as to whether or not measures areappropriate, with a view to ensuringthat such determinations are madequickly, in order to increase legal certainty for the economic operatorsconcerned;
Whereas in cases in which safeguard measures take the form of a quota
the level of the latter should be set in principle no lower than theaverage level of imports over a representative period of at least threeyears;
Whereas in cases in which a quota is allocated amongsupplier countries
each country’s quota may be determined by agreement with the coun-tries themselves or by takingas a reference the level of imports over arepresentative period; whereas derogations from these rules shouldnevertheless be possible where there is serious injury and a dispropor-tionate increase in imports, provided that due consultation under theauspices of the WTO Committee on Safeguards takes place;
Whereas the maximum duration of safeguard measures should be deter-
mined and specific provisions regarding extension, progressive liberali-zation and reviews of such measures be laid down;
Whereas the circumstances in which products originating in a devel-
opingcountry Member of the WTO should be exempt from safeg uardmeasures should be established;
Whereas surveillance or safeguard measures confined to one or more
regions of the Community may prove more suitable than measuresapplyingto the whole Community; whereas, however, such measuresshould be authorized only exceptionally and where no alternative exists;
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whereas it is necessary to ensure that such measures are temporary and
cause the minimum of disruption to the operation of the internal market;
Whereas in the interests of uniformity in rules for imports, the formali-
ties to be carried out by importers should be simplified and madeidentical regardless of the place where the goods clear customs; whereasit is therefore desirable to provide that any formalities should be carriedout usingforms correspondingto the specimen annexed to the Reg ula-tion;
Whereas import documents issued in connection with Community
surveillance measures should be valid throughout the Community irres-pective of the Member State of issue;
Whereas the textile products covered by Council Regulation (EC) No
517/94 of 7 March 1994 on common rules for imports of textile prod-ucts from certain third countries not covered by bilateral agreements,protocols or other arrangements, or by other specific Community importrules(
1)are subject to special treatment at Community and international
level, except for the products listed in Annex II which are integratedinto GATT 1994; whereas they should therefore be excluded from thescope of this Regulation;
Whereas the provisions of this Regulation are applicable without preju-
dice to Articles 77, 81, 244, 249 and 280 of the Act of Accession ofSpain and Portugal;
Whereas national restrictions with respect to products fallingunder the
ECSC Treaty will be progressively dismantled in accordance with theprovisions of the WTO;
Whereas Regulation (EC) No 518/94 should consequently be repealed,
HAS ADOPTED THIS REGULATION
TITLE I
General principles
Article 1
1. This Regulation applies to imports of products originating in third
countries, except for:
— textile products covered by Regulation (EC) No 517/94, other than
the products listed in Annex II in so far as those products originatein a country which is a member of the WTO,
— the products originating in certain third countries listed in Council
Regulation (EC) No 519/94 on common rules for imports fromcertain third countries(
2).
2. The products referred to in paragraph 1 shall be freely imported
into the Community and accordingly, without prejudice to the safeguardmeasures which may be taken under Title V, shall not be subject to anyquantitative restrictions.
TITLE II
Community information and consultation procedure
Article 2
The Commission shall be informed by the Member States should trends
in imports appear to call for surveillance or safeguard measures. Thisinformation shall contain the evidence available, as determined on thebasis of the criteria laid down in Article 10. The Commission shallimmediately pass this information on to all the Member States.
(1) OJ No L 67, 10. 3. 1994, p. 1.
(2) OJ No L 67, 10. 3. 1994, p. 89.
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Article 3
Consultations may be held either at the request of a Member State or on
the initiative of the Commission. They shall take place within eightworkingdays of the Commission receivingthe information provided forin Article 2 and, in any event, before the introduction of anyCommunity surveillance or safeguard measure.
Article 4
1. Consultation shall take place within an Advisory Committee, here-
inafter called ‘the Committee', made up of representatives of eachMember State with a representative of the Commission as chairman.
2. The Committee shall meet when convened by its chairman. He
shall provide the Member States with all relevant information aspromptly as possible.
3. Consultations shall cover in particular:
— terms and conditions of import, import trends and the various
aspects of the economic and commercial situation with regard to theproduct in question,
— the measures, if any, to be taken.
4. Consultations may be conducted in writingif necessary. The
Commission shall in this event inform the Member States, which mayexpress their opinion or request oral consultations within a period offive to eight working days, to be decided by the Commission.
TITLE III
Community investigation procedure
Article 5
1. Without prejudice to Article 8, the Community investigation
procedure shall be implemented before any safeguard measure isapplied.
2. Usingas a basis the factors described in Article 10, the invest-
igation shall seek to determine whether imports of the product inquestion are causingor threateningto cause serious injury to theCommunity producers concerned.
3. The followingdefinitions shall apply:
(a) ‘serious injury'means a significant overall impairment in the posi-
tion of Community producers,
(b) ‘threat of serious injury'means serious injury that is clearly immi-
nent;
(c) ‘Community producers'means the producers as a whole of the like
or directly competingproducts operatingwithin the territory of theCommunity, or those whose collective output of the like or directlycompetingproducts constitutes a major proportion of the totalCommunity production of those products.
Article 6
1. Where after consultations referred to in Article 3, it is apparent to
the Commission that there is sufficient evidence to justify the initiationof an investigation, the Commission shall:
(a) initiate an investigation within one month of receipt of information
from a Member State and publish a notice in the OfficialJournalof
theEuropeanCommunities ; such notice shall give a summary of the
information received, and stipulate that all relevant information is tobe communicated to the Commission; it shall state the period withinwhich interested parties may make known their views in writingand submit information, if such views and information are to betaken into account duringthe investig ation; it shall also state theperiod within which interested parties may apply to be heard orallyby the Commission in accordance with paragraph 4;
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(b) commence the investigation, acting in cooperation with the Member
States.
2. The Commission shall seek all information it deems to be neces-
sary and, where it considers it appropriate, after consultingtheCommittee, endeavour to check this information with importers, traders,agents, producers, trade associations and organizations.
The Commission shall be assisted in this task by staff of the Member
State on whose territory these checks are beingcarried out, providedthat Member State so wishes.
Interested parties which have come forward pursuant to paragraph 1 (a)
and representatives of the exportingcountry may, upon written request,inspect all information made available to the Commission in connectionwith the investigation other than internal documents prepared by theauthorities of the Community or its Member States, provided that thatinformation is relevant to the presentation of their case and not confi-dential within the meaningof Article 9 and that it is used by theCommission in the investigation.
Interested parties which have come forward may communicate their
views on the information in question to the Commission; those viewsmay be taken into consideration where they are backed by sufficientevidence.
3. The Member States shall supply the Commission, at its request
and followingprocedures laid down by it, with the information at theirdisposal on developments in the market of the product beinginvesti-gated.
4. The Commission may hear the interested parties. Such parties
must be heard where they have made a written application within theperiod laid down in the notice published in the Official Journal of the
European Communities , showingthat they are actually likely to be
affected by the outcome of the investigation and that there are specialreasons for them to be heard orally.
5. When information is not supplied within the time limits set by this
Regulation or by the Commission pursuant to this Regulation, or theinvestigation is significantly impeded, findings may be made on thebasis of the facts available. Where the Commission finds that anyinterested party or third party has supplied it with false or misleadinginformation, it shall disregard the information and may make use offacts available.
6. Where it appears to the Commission, after the consultation
referred to in Article 3, that there is insufficient evidence to justify aninvestigation, it shall inform the Member States of its decision withinone month of receipt of the information from the Member States.
Article 7
1. At the end of the investigation, the Commission shall submit a
report on the results to the Committee.
2. Where the Commission considers, within nine months of the
initiation of the investigation, that no Community surveillance or safe-guard measures are necessary, the investigation shall be terminatedwithin a month, the Committee havingfirst been consulted. Thedecision to terminate the investigation, stating the main conclusions ofthe investigation and a summary of the reasons therefor, shall bepublished in the Official Journal of the European Communities .
3. If the Commission considers that Community surveillance or safe-
guard measures are necessary, it shall take the necessary decisions inaccordance with Titles IV and V, no later than nine months from theinitiation of the investigation. In exceptional circumstances, this timelimit may be extended by a further maximum period of two months; theCommission shall then publish a notice in the Official Journal of the
EuropeanCommunities settingforth the duration of the extension and a
summary of the reasons therefor.
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Article 8
1. The provisions of this Title shall not preclude the use, at any time,
of surveillance measures in accordance with Articles 11 to 15 or provi-sional safeguard measures in accordance with Articles 16, 17 and 18.
Provisional safeguard measures shall be applied:
— in critical circumstances where delay would cause damage which
would be difficult to repair, makingimmediate action necessary, and
— where a preliminary determination provides clear evidence that
increased imports have caused or are threateningto cause seriousinjury.
2. The duration of such measures shall not exceed 200 days.3. Provisional safeguard measures should take the form of an
increase in the existinglevel of customs duty (whether the latter is zeroor higher) if such action is likely to prevent or repair the serious injury.
4. The Commission shall immediately conduct whatever invest-
igation measures are still necessary.
5. Should the provisional safeguard measures be repealed because no
serious injury or threat of serious injury exists, the customs dutiescollected as a result of the provisional measures shall be automaticallyrefunded as soon as possible. The procedure laid down in Article 235 et
seqof Council Regulation (EEC) No 2913/92 of 12 October 1992
establishingthe Community Customs Code (
1) shall apply.
Article 9
1. Information received pursuant to this Regulation shall be used
only for the purpose for which it was requested.
2. (a) Neither the Council, nor the Commission, nor the Member
States, nor the officials of any of these shall reveal any informa-tion of a confidential nature received pursuant to this Regulation,or any information provided on a confidential basis withoutspecific permission from the supplier of such information.
(b) Each request for confidentiality shall state the reasons why the
information is confidential.
However, if it appears that a request for confidentiality is unjus-
tified and if the supplier of the information wishes neither tomake it public nor to authorize its disclosure in general terms orin the form of a summary, the information concerned may bedisregarded.
3. Information shall in any case be considered to be confidential if its
disclosure is likely to have a significantly adverse effect upon thesupplier or the source of such information.
4. The precedingparag raphs shall not preclude reference by the
Community authorities to general information and in particular toreasons on which decisions taken pursuant to this Regulation are based.The said authorities shall, however, take into account the legitimateinterest of legal and natural persons concerned that their businesssecrets should not be divulged.
Article 10
1. Examination of the trend of imports, of the conditions in which
they take place and of serious injury or threat of serious injury toCommunity producers resultingfrom such imports shall cover in partic-ular the followingfactors:
(a) the volume of imports, in particular where there has been a signifi-
cant increase, either in absolute terms or relative to production orconsumption in the Community;
(1) OJ No L 302, 19. 10. 1992, p. 1.
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(b) the price of imports, in particular where there has been a significant
price undercuttingas compared with the price of a like product inthe Community;
(c) the consequent impact on Community producers as indicated by
trends in certain economic factors such as:
— production,— capacity utilization,— stocks,— sales,— market share,— prices (i. e. depression of prices or prevention of price increases
which would normally have occurred),
— profits,— return on capital employed,— cash flow,— employment;
(d) factors other than trends in imports which are causingor may have
caused injury to the Community producers concerned.
2. Where a threat of serious injury is alleged, the Commission shall
also examine whether it is clearly foreseeable that a particular situationis likely to develop into actual injury. In this regard account may betaken of factors such as:
(a) the rate of increase of the exports to the Community;
(b) export capacity in the country of origin or export, as it stands or is
likely to be in the foreseeable future, and the likelihood that thatcapacity will be used to export to the Community.
TITLE IV
Surveillance
Article 11
1. Where the trend in imports of a product originating in a third
country covered by this Regulation threatens to cause injury toCommunity producers, and where the interests of the Community sorequire, import of that product may be subject, as appropriate, to:
(a) retrospective Community surveillance carried out in accordance
with the provisions laid down in the decision referred to in para-graph 2,
(b) prior Community surveillance carried out in accordance with
Article 12.
2. The decision to impose surveillance shall be taken by the
Commission accordingto the procedure laid down in Article 16 (7) and(8).
3. The surveillance measures shall have a limited period of validity.
Unless otherwise provided, they shall cease to be valid at the end of thesecond six-month period followingthe six months in which the meas-ures were introduced.
Article 12
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1. Products under prior Community surveillance may be put into freecirculation only on production of a surveillance document. Such docu-ment shall be issued by the competent authority designated by MemberStates, free of charge, for any quantity requested and within a maximumof five workingdays of receipt by the national competent authority ofan application by any Community importer, regardless of his place ofbusiness in the Community. This application shall be deemed to havebeen received by the national competent authority no later than threeworkingdays after submission, unless it is proved otherwise.
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2. The surveillance document shall be made out on a form corre-
spondingto the model in Annex I.
Except where the decision to impose surveillance provides otherwise,
the importer’s application for surveillance documents shall contain onlythe following:
(a) the full name and address of the applicant (includingtelephone and
fax numbers and any number identifyingthe applicant to thecompetent national authority), plus the applicant’s VAT registrationnumber if he is liable for VAT;
(b) where appropriate, the full name and address of the declarant or of
any representative appointed by the applicant (includingtelephoneand fax numbers);
(c) a description of the goods giving:
— their trade name,— their combined nomenclature code,— their place of origin and place of consignment;
(d) the quantity declared, in kilograms and, where appropriate, any
other additional unit (pairs, items, etc.);
(e) the value of the goods, cif at Community frontier, in ecus;
(f) the statement below, dated and signed by the applicant, with the
applicant’s name spelt out in capital letters:
‘I, the undersigned, certify that the information provided in this
application is true and given in good faith, and that I am establishedin the Community.'
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3. The import document shall be valid throughout the Community,regardless of the Member State of issue.
4. A findingthat the unit price at which the transaction is effected
exceeds that indicated in the import document by less than 5 % or thatthe total value or quantity of the products presented for import exceedsthe value or quantity given in the import document by less than 5 %shall not preclude the release for free circulation of the product inquestion. The Commission, havingheard the opinions expressed in theCommittee and takingaccount of the nature of the products and otherspecial features of the transactions concerned, may fix a differentpercentage, which, however, should not normally exceed 10 %.
5. Import documents may be used only for such time as arrange-
ments for liberalization of imports remain in force in respect of thetransactions concerned. Such import documents may not in any event beused beyond the expiry of a period which shall be laid down at the sametime and by means of the same procedure as the imposition of surveil-lance, and shall take account of the nature of the products and otherspecial features of the transactions.
6. Where the decision taken pursuant to Article 11 so requires, the
origin of products under Community surveillance must be proved by acertificate of origin. This paragraph shall not affect other provisionsconcerningthe production of any such certificate.
7. Where the product under prior Community surveillance is subject
to regional safeguard measures in a Member State, the import authoriza-tion granted by that Member State may replace the import document.
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8. Surveillance document forms and extracts thereof shall be drawnup in duplicate, one copy, marked ‘Holder’s copy' and bearingthenumber 1, to be issued to the applicant, and the other, marked ‘Copy forthe competent authority' and bearingthe number 2, to be kept by theauthority issuingthe document. For administrative purposes thecompetent authority may add supplementary copies to form 2.
9. Forms shall be printed on white paper free of mechanical pulp,
dressed for writingand weig hingbetween 55 and 65 g rams per squaremetre. Their size shall be 210 x 297 mm; the type space between thelines shall be 4,24 mm (one sixth of an inch); the layout of the forms
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shall be followed precisely. Both sides of copy No 1, which is the
surveillance document itself, shall in addition have a yellow printedguilloche pattern background so as to reveal any falsification bymechanical or chemical means.
10. Member States shall be responsible for havingthe forms printed.
The forms may also be printed by printers appointed by the MemberState in which they are established. In the latter case, reference to theappointment by the Member State must appear on each form. Each formshall bear an indication of the printer’s name and address or a markenablingthe printer to be identified.
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Article 13
Where import of a product has not been made subject to prior
Community surveillance within eight working days of the end ofconsultations, the Commission, in accordance with Article 18, mayintroduce surveillance confined to imports into one or more regions ofthe Community.
Article 14
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1. Products under regional surveillance may be put into free circula-tion in the region concerned only on production of a surveillancedocument. Such document shall be issued by the competent authoritydesignated by the Member State(s) concerned, free of charge, for anyquantity requested and within a maximum of five workingdays ofreceipt by the national competent authority of an application by anyCommunity importer, regardless of his place of business in theCommunity. This application shall be deemed to have been received bythe national competent authority no later than three workingdays aftersubmission, unless it is proved otherwise. Surveillance documents maybe used only for such time as arrangements for imports remain liberal-ized in respect of the transactions concerned.
2. Article 12 (2) shall apply.
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Article 15
1. Member States shall communicate to the Commission within the
first 10 days of each month in the case of Community or regionalsurveillance:
(a) in the case of prior surveillance, details of the sums of money
(calculated on the basis of cif prices) and quantities of goods inrespect of which import documents were issued or endorsed duringthe precedingperiod;
(b) in every case, details of imports duringthe period precedingthe
period referred to in subparagraph (a).
The information supplied by Member States shall be broken down by
product and by country.
Different provisions may be laid down at the same time and by the
same procedure as the surveillance arrangements.
2. Where the nature of the products or special circumstances so
require, the Commission may, at the request of a Member State or on itsown initiative, amend the timetables for submittingthis information.
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3. The Commmission shall inform the Member States accordingly.
TITLE V
Safeguard measures
Article 16
1. Where a product is imported into the Community in such greatly
increased quantities and/or on such terms or conditions as to cause, orthreaten to cause, serious injury to Community producers, the Commis-sion, in order to safeguard the interests of the Community, may, actingat the request of a Member State or on its own initiative:
(a) limit the period of validity of import documents within the meaning
of Article 12 to be endorsed after the entry into force of thismeasure;
(b) alter the import rules for the product in question by makingits
release for free circulation conditional on production of an importauthorization, the granting of which shall be governed by suchprovisions and subject to such limits as the Commission shall laydown.
The measures referred to in (a) and (b) shall take effect immediately.2. As regards Members of the WTO, the measures referred to in
paragraph 1 shall be taken only when the two conditions indicated inthe first subparagraph of that paragraph are met.
3. (a) If establishinga quota, account shall be taken in particular of:
— the desirability of maintaining, as far as possible, traditional
trade flows,
— the volume of goods exported under contracts concluded on
normal terms and conditions before the entry into force of asafeguard measure within the meaning of this Title, wheresuch contracts have been notified to the Commission by theMember State concerned,
— the need to avoid jeopardizingachievement of the aim
pursued in establishingthe quota.
(b) Any quota shall not be set lower than the average level of
imports over the last three representative years for which statis-tics are available unless a different level is necessary to preventor remedy serious injury.
4. (a) In cases in which a quota is allocated amongsupplier countries,
allocation may be agreed with those of them having a substantialinterest in supplyingthe product concerned for import into theCommunity.
Failingthis, the quota shall be allocated amongthe supplier
countries in proportion to their share of imports into theCommunity of the product concerned duringa previous repres-entative period, due account beingtaken of any specific factorswhich may have affected or may be affectingthe trade in theproduct.
(b) Provided that its obligation to see that consultations are
conducted under the auspices of the WTO Committee on Safe-guards is not disregarded, the Community may neverthelessdepart from this method of allocation in case of serious injury ifimports originating in one or more supplier countries haveincreased in disproportionate percentage in relation to the totalincrease of imports of the product concerned over a previousrepresentative period.
5. (a) The measures referred to in this Article shall apply to every
product which is put into free circulation after their entry intoforce. In accordance with Article 18 they may be confined to oneor more regions of the Community.
(b) However, such measures shall not prevent the release for free
circulation of products already on their way to the Communityprovided that the destination of such products cannot be changed
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and that those products which, pursuant to Articles 11 and 12,may be put into free circulation only in production of an importdocument are in fact accompanied by such a document.
6. Where intervention by the Commission has been requested by a
Member State, the Commission shall take a decision within a maximumof five workingdays of receipt of such a request.
7. Any decision taken by the Commission pursuant to this Article
shall be communicated to the Council and to the Member States. AnyMember State may, within one month followingthe day of suchcommunication, refer the decision to the Council.
8. If a Member State refers the Commission’s decision to the
Council, the Council, actingby a qualified majority, may confirm,amend or revoke that decision.
If, within three months of the referral of the matter to the Council, the
Council has not taken a decision, the decision taken by the Commissionshall be deemed revoked.
Article 17
Where the interests of the Community so require, the Council, actingby
a qualified majority on a proposal from the Commission drawn up inaccordance with the terms of Title III, may adopt appropriate measuresto prevent a product beingimported into the Community in such g reatlyincreased quantities and/or on such terms or conditions as to cause, orthreaten to cause, serious injury to Community producers of like ordirectly competingproducts.
Article 16 (2), (3), (4) and (5) shall apply.
Article 18
Where it emerges, primarily on the basis of the factors referred to in
Article 10, that the conditions laid down for the adoption of measurespursuant to Articles 11 and 16 are met in one or more regions of theCommunity, the Commission, after havingexamined alternative solu-tions, may exceptionally authorize the application of surveillance orsafeguard measures limited to the region(s) concerned if it considersthat such measures applied at that level are more appropriate thanmeasures applied throughout the Community.
These measures must be temporary and must disrupt the operation of
the internal market as little as possible.
The measures shall be adopted in accordance with the provisions laid
down in Articles 11 and 16 respectively.
Article 19
No safeguard measure may be applied to a product originating in a
developingcountry Member of the WTO as longas that country’s shareof Community imports of the product concerned does not exceed 3 %,provided that developingcountry Members with less than a 3 % importshare collectively account for not more than 9 % of total Communityimports of the product concerned.
Article 20
1. The duration of safeguard measures must be limited to the period
of time necessary to prevent or remedy serious injury and to facilitateadjustment on the part of Community producers. The period should notexceed four years, includingthe duration of any provisional measure.
2. Such initial period may be extended, except in the case of the
measures referred to in Article 16 (4) (b), provided it is determined that:
— the safeguard measure continues to be necessary to prevent or
remedy serious injury,
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— and there is evidence that Community producers are adjusting.
3. Extensions shall be adopted in accordance with the terms of Title
III and usingthe same producers as the initial measures. A measure soextended shall not be more restrictive than it was at the end of the initialperiod.
4. If the duration of the measure exceeds one year, the measure must
be progressively liberalized at regular intervals during the period ofapplication, includingthe period of extension.
5. The total period of application of a safeguard measure, including
the period of application of any provisional measures, the initial periodof application and any prorogation thereof, may not exceed eight years.
Article 21
1. While any surveillance or safeguard measure applied in accord-
ance with Titles IV and V is in operation, consultations shall be heldwithin the Committee, either at the request of a Member State or on theinitiative of the Commission. If the duration of a safeguard measureexceeds three years, the Commission shall seek such consultations nolater than the mid-point of the period of application of that measure.The purpose of such consultations shall be:
(a) to examine the effects of the measure;
(b) to determine whether and in what manner it is appropriate to
accelerate the pace of liberalization;
(c) to ascertain whether its application is still necessary.
2. Where, as a result of the consultations referred to in paragraph 1,
the Commission considers that any surveillance or safeguard measurereferred to in Articles 11, 13, 16, 17 and 18 should be revoked oramended, it shall proceed as follows:
(a) where the measure was enacted by the Council, the Commission
shall propose to the Council that it be revoked or amended. TheCouncil shall act by a qualified majority;
(b) in all other cases, the Commission shall amend or revoke
Community safeguard and surveillance measures.
Where the decision relates to regional surveillance measures, it shall
apply from the sixth day followingthat of its publication in the Official
Journal of the European Communities .
Article 22
1. Where imports of a product have already been subject to a safe-
guard measure, no further measure shall be applied to that product untila period equal to the duration of the previous measure has elapsed. Suchperiod shall not be less than two years.
2. Notwithstanding paragraph 1, a safeguard measure of 180 days or
less may be reimposed for a product if:
(a) at least one year has elapsed since the date of introduction of a
safeguard measure on the import of that product; and
(b) such a safeguard measure has not been applied to the same product
more than twice in the five-year period immediately precedingthedate of introduction of the measure.
TITLE VI
Final provisions
Article 23
Where the interests of the Community so require, the Council, actingby
a qualified majority on a proposal from the Commission, may adoptappropriate measures to allow the rights and obligations of theCommunity or of all its Member States, in particular those relatingtotrade in commodities, to be exercised and fulfilled at international level.
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Article 24
1. This Regulation shall not preclude the fulfilment of obligations
arisingfrom special rules contained in ag reements concluded betweenthe Community and third countries.
2. (a) Without prejudice to other Community provisions, this Regula-
tion shall not preclude the adoption or application by MemberStates:
(i) of prohibitions, quantitative restrictions or surveillance
measures on grounds of public morality, public policy orpublic security; the protection of health and life of humans,animals or plants, the protection of national treasurespossessingartistic, historic or archaeolog ical value, or theprotection of industrial and commercial property;
(ii) of special formalities concerning foreign exchange;
(iii) of formalities introduced pursuant to international agree-
ments in accordance with the Treaty.
(b) The Member States shall inform the Commission of the meas-
ures or formalities they intend to introduce or amend in accord-ance with this paragraph. In the event of extreme urgency, thenational measures or formalities in question shall be communi-cated to the Commission immediately upon their adoption.
Article 25
1. This Regulation shall be without prejudice to the operation of the
instruments establishing the common organization of agriculturalmarkets or of Community or national administrative provisions derivedtherefrom or of the specific instruments applicable to goods resultingfrom the processingof ag ricultural products; it shall operate by way ofcomplement to those instruments.
2. However, in the case of products covered by the instruments
referred to in paragraph 1, Articles 11 to 15 and 22 shall not apply tothose in respect of which the Community rules on trade with thirdcountries require the production of a licence or other import document.
Articles 16, 18 and 21 to 24 shall not apply to those products in respect
of which such rules provide for the application of quantitative importrestrictions.
Article 26
1. Residual national restrictions relatingto products covered by the
ECSC Treaty shall be progressively dismantled in accordance with theprovisions of the WTO.
2. Until 31 December 1995, Spain and Portugal may maintain the
quantitative restrictions on agricultural products referred to in Articles77, 81, 244, 249 and 280 of the Act of Accession.
Article 27
Regulation (EC) No 518/94 is hereby repealed. References to the
repealed Regulation shall be understood as referring to this Regulation.
Article 28
This Regulation shall enter into force on 1 January 1995.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
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ANNEXE I

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Category Description (1)▼M2
ANNEX II
List of textiles and clothing products integrated into the normal GATT 1994 rules
19 Handkerchiefs, other than knitted or crocheted
41 Yarn of synthetic filament (continuous) not put up for retail sale, other than
non-textured single yarn untwisted or with a twist of not more than 50 turns/m
46 Carded or combed sheep’s or lambs’ wool or other fine animal hair
58 Carpets, carpentines and rugs, knotted (made up or not)
61 Narrow woven fabrics, and narrow fabrics (bolduc) consistingof warp without
weft, assembled by means of an adhesive, other than labels and similar articles ofcategory 62
Elastic fabrics and trimmings (not knitted or crocheted), made from textile mate-
rials assembled from rubber thread
65 Knitted or crocheted fabric other than those of categories 38 A and 63, of wool, of
cotton or of man-made fibres
67 Knitted or crocheted clothingaccesories other than for babies; houshold linen of all
kinds, knitted or crocheted; curtains (incl. drapes) and interior blinds, curtain or bedvalances and other furnishingarticles knitted or crocheted; knitted or crochetedblankets and travellingrug s, other than knitted or crocheted articles includingpartsof garments or of clothing accessories
69 Women’s and girl’s slips and petticoats, knitted or crocheted
70 Panty-hose and tights of synthetic fibres, measuring per single yarn less than 67
decitex (6,7 tex)
Women’s full length hosiery of synthetic fibres
72 Swimwear, of wool, of cotton or of man-made fibres
74 Women’s or girls’ suits and ensembles, of wool, of cotton or of man-made fibres,
excludingski suits
75 Men’s or boy’s knitted or crocheted suits and ensembles, of wool, of cotton or of
man-made fibres, excludingski suits
76 Men’s or boys’ industrial occupational clothing, other than knitted or crocheted
Women’s or girls’ aprons, smock overalls and industrial or occupational clothing,
other than knitted or crocheted
77 Ski suits, other than knitted or crocheted
84 Shawls, scarves, mufflers, mantillas, veils and the like other than knitted or croch-
eted, of wool, of cotton or of man-made fibres
85 Ties, bow ties and cravats other than knitted or crocheted, of wool, of cotton, or of
man-made fibres
86 Corsets, corset-belts, suspender belts, braces, suspenders, garters and the like, and
parts thereof, whether or not knitted or crocheted
87 Gloves, mittens and mitts, not knitted or crocheted
88 Stockings, socks and sockettes, not knitted or crocheted; other clothing accesories,
other than for babies, other than knitted or crocheted
91 Tents
94 Waddingof textile materials and articles thereof; textile fibres, not exceeding
5 mm in length (flock), textile dust and mill neps
96 Non-woven fabrics and articles of such fabrics, whether or not impregnated, coated,
covered or laminated
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Category Description (1)
99 Textile fabrics coated with gum or amylaceous substances, of a kind used for the
outer covers of books and the like; tracingcloth; prepared paintingcanvas;buckram and similar stiffened textile fabrics of a kind used for hat foundations
Linolium, whether or not cut to shape; floor covering s consistingof a coatingor
coveringapplied on a textile backing , whether or not cut to shape
Rubberised textile fabric, not knitted or crocheted, excludingthose for tyresTextile fabrics otherwise impregnated or coated; painted canvas being theatrical
scenery, studio back-cloths, other than of category 100
100 Textile fabrics impregnated, coated, covered or laminated with preparations of
cellulose derivatives or of other artificial plastic materials
110 Woven pneumatic mattresses
111 Campingg oods, woven, other than pneumatic mattresses and tents
124 Synthetic staple fibres
126 Artificial staple fibres
134 Metallized yarn
148 A Yarn of jute or of other textile bast fibres of headingNo 5303
148 B Coir yarn
149 Woven fabrics of jute or of other textile bast fibres of a width of more than 150 cm
150 Woven fabrics of jute or of other textile bast fibres of a width of not more than
150 cm
Sacks and bags, of a kind used for the packing of goods, of jute or of other textile
bast fibres, other than used
153 Used sacks and bags, of a kind used for the packing of goods, of jute or of other
textile bast fibres of headingNo 5303
Not categorized HS ex 3921 12HS ex 3921 13HS ex 3921 90HS ex 4202 12HS ex 4202 22HS ex 4202 32HS ex 4202 92HS 5604 10HS 6309 00HS ex 6406 10HS ex 6406 99HS 6501 00HS 6502 00HS 6503 00HS 6504 00HS 6505 90HS 6601 91HS 6601 99HS ex 7019 10HS ex 7019 20HS 8804 00HS 9113 90HS 9502 91HS ex 9612 10
(1) The complete description of the categories is shown in Annex I to Regulation (EEC) No 3030/93.The complete
description of the tariff lines is shown in Regulation (EC) No 1359/95.