1994R0519 — EN — 09.03.2003 — 002.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No519/94
of7March1994
on common rules for imports from certain third countries and repealing Regulations (EEC) Nos
1765/82,1766/82and3420/83
(OJ L 67, 10.3.1994, p. 89)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 1921/94 of 25 July 1994 L 198 1 30.7.1994
►M2Council Regulation (EC) No 538/95 of 6 March 1995 L 55 1 11.3.1995
►M3Council Regulation (EC) No 839/95 of 10 April 1995 L 85 9 19.4.1995
►M4Council Regulation (EC) No 139/96 of 22 January 1996 L 21 7 27.1.1996
►M5Council Regulation (EC) No 168/96 of 29 January 1996 L 25 2 1.2.1996
►M6Council Regulation (EC) No 752/96 of 22 April 1996 L 103 1 26.4.1996
►M7Council Regulation (EC) No 1897/96 of 1 October 1996 L 250 1 2.10.1996
►M8Council Regulation (EC) No 847/97 of 12 May 1997 L 122 1 14.5.1997
►M9Council Regulation (EC) No 1138/98 of 28 May 1998 L 159 1 3.6.1998
►M10Council Regulation (EC) No 427/2003 of 3 March 2003 L 65 1 8.3.2003
Corrected by:
►C1Corrigendum, OJ L 241, 29.8.1998, p. 27 (1138/98)
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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COUNCILREGULATION(EC)No519/94
of7March1994
on common rules for imports from certain third countries and
repealingRegulations(EEC)Nos1765/82,1766/82and3420/83
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 113 thereof,
Having regard to the instruments establishing common organization of
agricultural markets and to the instruments concerning processed agri-cultural productsadopted in purs uance of Article 235 of the Treaty, in
particular the provisions of those instruments which allow for deroga-
tion from the general principle that all quantitative restrictions ormeasures having equivalent effect may be replaced solely by themeasures provided for in those same instruments,
Having regard to the proposal from the Commission,Whereas the common commercial policy should be based on uniform
principles; whereas the common rules applicable to imports fromcertain third countriesunder Council Regulation (EEC) No 1765/82 of
30 June 1982 on common rulesfor importsfrom State-trading coun-
tries(
1), Council Regulation (EEC) No 1766/82 of 30 June 1982 on
common rulesfor importsfrom the People'sRepublic of China (2) and
Council Regulation (EEC) No 3420/83 of 14 November 1983 onimport arrangementsfor productsoriginating in State-trading countries ,not liberalized at Community level (
3) form an important aspect of the
policy; however, they still allow exceptions and derogations enabling
Member Statesto continue applying national meas uresto importsofproducts originating in the above third countries, so that the policyneedsto be completed;
Whereasunder Article 7a of the Treaty, the internal market compris es
since 1 January 1993 of an area without internal frontiers in which thefree movement of goods, persons, services and capital is ensured;
Whereascompletion of the common commercial policy asit pertainsto
rules for imports is a necessary complement to the completion of the
internal market and isthe only meansof ens uring that the rules
applying to the Community'strade with third countriescorrectly reflectthe integration of the markets;
Whereasin order to achieve greater uniformity in the rulesfor imports
it is necessary to eliminate the exceptions and derogations resultingfrom the remaining national commercial policy measures, and in parti-cular the quantitative restrictions maintained by Member States under
Regulation (EEC) No 3420/83; whereasthisuniformity mus t be
achieved by laying down, as far as possible given the particularfeatures of the economic system in the third countries in question,provisions similar to those applied under the common rules for otherthird countries;
Whereas the common rules applicable to imports shall also apply to
ECSC products, without prejudice to any measures implementing an
agreement relating specifically to such products;
Whereas the liberalization of imports, namely the absence of any quan-
titative restrictions, must therefore form the starting point for theCommunity rules;1994R0519 — EN — 09.03.2003 — 002.001 — 2
(1) OJ No L 195, 5. 7. 1982, p. 1. Regulation aslas t amended by Regulation
(EEC) No 1013/93 (OJ No L 105, 30. 4. 1993, p. 1).
(2) OJ No L 195, 5. 7. 1982, p. 21. Regulation aslas t amended by Regulation
(EEC) No 1409/86 (OJ No L 128, 14. 5. 1986, p. 25).
(3) OJ No L 346, 8. 12. 1983, p. 6. Regulation aslas t amended by Regulation
(EEC) No 848/92 (OJ No L 89, 4. 4. 1992, p. 1.)▼M5
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Whereas, however, for a limited number of products originating in the
People's Republic of China, owing to the sensitivity of certain sectorsof Community industry, quantitative quotas and surveillance measures
applicable at Community level should be incorporated in this Regula-
tion; and whereasa procedure s hould be laid down for reviewing andchecking these measures in order to adapt them to changes in the situa-tion;
Whereas, in the case of other products, the Commission must examine
import terms and conditions, import trends, the various aspects of theeconomic and commercial situation, and the measures, if any, to betaken;
Whereas for those products, it may become apparent that there should
be Community surveillance over certain of these imports;
Whereas it, is for the Commission and the Council to adopt the safe-
guard measures called for by the interests of the Community with dueregard for existing international obligations;
Whereas surveillance or safeguard measures confined to one or more
regions of the Community may nevertheless prove more suitable thanmeasures applying to the whole Community; whereas, however, such
measures should be authorized only exceptionally and where no alter-
native exists; whereas it is necessary to ensure that such measures aretemporary and cause the minimum of disruption to the operation of theinternal market;
Whereas if Community surveillance is applied, release for free circula-
tion of the products concerned must be made subject to presentation ofan import document meeting uniform criteria; whereasthat documentmust, on simple application by the importer, be endorsed by the autho-ritiesof the Member Stateswithin a certain period but without the
importer thereby acquiring any right to import; whereasthe document
must therefore be valid only during such period as the import rulesremain unchanged;
Whereasit isin the interes tsof the Community that the Member States
and the Commission should make as full as possible an exchange ofinformation resulting from Community surveillance;
Whereas experience has shown that it is necessary to adopt more
precise criteria for assessing possible injury and to introduce an inves-tigation while still allowing the Commission to introduce appropriatemeasures in urgent cases;
Whereas, to this end, more detailed provisions should be introduced on
the opening of investigations, on the checks and inspections required,on the hearing of those concerned, the treatment of informationobtained and the criteria for assessing injury;
Whereas the provisions on the investigations introduced by this Regu-
lation do not prejudice Community or national rulesconcerningprofessional secrecy;
Whereas it is also necessary to set time limits for the initiation of
investigations and for determinations as to whether, or not, measuresare appropriate, with a view to ensuring that such determinations are
made quickly, in order to increase legal certainty for the economic
operatorsconcerned;
Whereas in the interests of uniformity in rules for imports, the formal-
ities to be carried out by importers should be simplified and must beidentical regardless of the place where the goods clear customs;whereas it is therefore desirable to provide that any formalities shouldbe carried out using forms corresponding to the specimen annexed tothe Regulation;
Whereas import documents issued in connection with Community
surveillance measures should be valid throughout the Community irre-spective of the Member State of issue;1994R0519 — EN — 09.03.2003 — 002.001 — 3
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Whereas the set of import rules as set out, no longer justify maintaining
two separate sets of Community rules for State-trading countries andthe People'sRepublic of China;
Whereasthe cons ultationsprovided for in Council Regulation (EEC)
No 2616/85 of 16 September 1985 concerning the conclusion of aTrade and Economic Cooperation Agreement between the European
Economic Community and the People'sRepublic of China (
1) have
been held;
Whereasthe textile productsfalling under Regulation (EC) No 517/94
of 7 March 1994 on common rulesfor importsof textile productsfrom
certain third countriesnot covered by bilateral agreements , protocolsor
other arrangements, or by other specific Community import rules (2) are
subject to specific treatment at Community and international level;whereas they should therefore be completely excluded from the scopeof thisRegulation;
Whereasthe provis ionsof thisRegulation are applicable without preju-
dice to Articles 77, 81, 244, 249 and 280 of the Act of Accession ofSpain and Portugal;
WhereasRegulation (EEC) Nos1765/82, 1766/82 and 3420/83 s hould
consequently be repealed,
HAS ADOPTED THIS REGULATION:
TITLE I
General principles
Article 1
1. ThisRegulation appliesto importsof productsoriginating in the
third countriesreferred to in Annex I, with the exception of textile
productscovered by Regulation (EC) No 517/94.
2. Importsinto the Community of the productsreferred to in para-
graph 1 shall take place freely and so shall not be subject to anyquantitative restrictions, without prejudice to:
— the measures which may be taken under Title V.
4. At the request of a Member State or on the Commission's initia-
tive, Annex II ►M10 ◄may form the subject of
consultations within the Committee provided for in Article 4.
At the close of these consultations, the Commission may propose to the
Council, in accordance with the procedure laid down in Article 16, themeasures required to adapt Annex II ►
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down in Title III and, where appropriate, in TitlesIV and V of thisRegulation.
TITLE II
Communityinformationandconsultationprocedure
Article 2
The Commission shall be informed by the Member States should trends
in imports appear to call for surveillance of safeguard measures. Thisinformation shall contain the available evidence on the basis of the1994R0519 — EN — 09.03.2003 — 002.001 — 4
(1) OJ No L 250, 19. 9. 1985, p. 2.
(2) See page 1 of thisOfficial Journal. (SIC! OJ No L 67, 10. 3. 1994, p. 1.)▼M5
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criteria laid down in Article 8. The Commission shall pass on this
information to all the Member Statesforthwith.
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 eightworking days following receipt by the Commission of the information
provided for in Article 2 and, in any event, before the introduction of
any Community surveillance of 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, as promptly as possible, with all rele-
vant information.
3. Consultations shall cover in particular:
(a) termsand conditionsof importation, import trends , and the various
aspects of the economic and commercial situation as regards theproduct in question, in particular in the context of the examinationof Annex II ►
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(b) mattersconcerning the adminis tration of the trade agreements
between the Community and the third countriesreferred to in
Annex I;
(c) the measures, if any, to be taken.
4. Consultations may be in writing if necessary. The Commission
shall in this event inform the Member States, which may express theiropinion or request oral consultations within a period of five to eightworking days to be decided by the Commission.
TITLE III
Communityinvestigationprocedure
Article 5
1. Where, after consultation, it is apparent to the Commission that
there is sufficient evidence to justify 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 Official Journal of
the European Communities ; such notice shall give a summary of
the information received, and provide that all relevant information
is to be communicated to the Commission; it shall state the periodwithin which interested parties may make known their views inwriting and submit information, if such views and information areto be taken into account during the investigation; it shall also state
the period within which interested parties may apply to be heard
orally by the Commission in accordance with paragraph 4;
(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 consulting the
Committee, endeavour to check thisinformation 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 being carried out, provided
this Member State so wishes.
Interested parties which have made themselves known in accordance
with paragraph (1) (a), aswell asthe repres entativesof the exportingcountry, may inspect all information made available to the Commission1994R0519 — EN — 09.03.2003 — 002.001 — 5
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within the frame-work of the investigation, as distinct from internal
documentsprepared by the authoritiesof the Community or itsMember States, provided that it is relevant to the defence of their inter-
ests and not confidential within the meaning of Article 7 and that it is
used by the Commission in the investigation. To this end, they shalladdress a written request to the Commission indicating the informationrequired.
3. The Member States shall supply the Commission, at its request
and following procedureslaid down by it, with the information at theirdisposal on developments in the market of the product being investi-gated.
4. The Commission may hear the interested parties. Such parties
must be heard where they have applied in writing within the periodlaid down in the notice published in the Official Journal of the
European Communities , showing that they are actually likely to be
affected by the out-come of the investigations and that there are special
reasons for them to be heard orally.
5. Where information is not supplied within the time limits set by
this Regulation or by the Commission under this Regulation, or theinvestigation is significantly impeded, findings may be made on the
basis of the facts available. Where the Commission finds that any inter-
ested party or third party has supplied it with false or misleadinginformation, it shall disregard the information and may make use offactsavailable.
6. Where it appears to the Commission, after the consultation
referred to in paragraph 1, that there is insufficient evidence to justifyan investigation, it shall inform the Member States of its decisionwithin one month of receipt of the information from the MemberStates.
Article 6
1. At the end of the investigation, the Commission shall submit a
report on the results to the Committee.
2. Where, within nine monthsof the initiation of the inves tigation,
the Commission considers that no Community surveillance or safe-guard measures are necessary, the investigation shall be terminated,within one month, after consulting the Committee. The decision to
terminate the investigation, stating the main conclusions of the investi-
gation and a summary of the reasons therefor, shall be published in theOfficial 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 in
accordance with TitlesIV and V, no later than nine monthsfrom theinitiation of the investigation. In exceptional circumstances, this timelimit may be extended by a further maximum period of two months;the Commission shall then publish a notice in the Official Journal of
the European Communities setting forth the duration of the extension
and a summary of the reasons therefor.
4. The provisions of this Title shall not preclude the taking, at any
time, of surveillance measures in accordance with Articles 9 to 14 or,
where a critical situation, in which any delay would cause injury which
it would be difficult to remedy, callsfor immediate intervention, s afe-guard measures in accordance with Articles 15 to 17.
The Commission shall immediately take the investigation measures it
considers to be still necessary. The results of the investigation shall be
used to re-examine the measures taken.
Article 7
1. Information received in pursuance of 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 infor-1994R0519 — EN — 09.03.2003 — 002.001 — 6
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mation of a confidential nature received in pursuance of this
Regulation, or any information provided on a confidential basis,without specific permission from the supplier of such informa-
tion.
(b) Each request for confidentiality shall state the reasons why the
information isconfidential.
However, it isappearsthat a reques t for confidentiality isunjus -
tified and if the supplier of the information wishes neither tomake it public nor to authorize its disclosure in general termsor in the form of a summary, the information concerned maybe disregarded.
3. Information will 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 preceding paragraphss hall not preclude reference by the
Community authoritiesto general information and in particular toreasons on which decisions taken in pursuance of this Regulation arebased. These authorities must, however, take into account the ligitmateinterests of the legal and natural persons concerned that their business
secrets should not be divulged.
Article 8
1. The examination of the trend of imports, of the conditions in
which they take place and of the serious injury or threat of serious
injury to Community producers resulting from such imports, shallcover in particular the following factors:
(a) the volume of imports, in particular where there has been a signifi-
cant increase, either in absolute terms or relative to production or
consumption in the Community;
(b) the price of the imports, in particular where there has been a signif-
icant price undercutting ascompared with the price of a likeproduct in the Community;
(c) the consequent impact on the Community producers of similar or
directly competitive productsasindicated by trendsin certaineconomic factors such as:
— production,
— utilization of capacity,
— 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.
2. In conducting the investigation, the Commission shall take
account of the particular economic system of the countries referred toin Annex I.
3. Where a threat of serious injury is alleged the Commission shall
also examine whether it is clearly foreseeable that a particular situationislikely to develop into actual injury. In thisregard account may betaken of factors such as:
(a) the rate of increase of the exports to the Community;
(b) the export capacity in the country of origin or export, already in
existence or which will be operational in the foreseeable futureand the likelihood that the resulting exports will be to the Commu-nity.1994R0519 — EN — 09.03.2003 — 002.001 — 7
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TITLE IV
Surveillance
Article 9
1. Where the Community's interests so require, the Commission
may, at the request of a Member State or on its own initiative:
(a) decide to introduce retrospective Community surveillance of certain
imports, in accordance with the procedure laid down by theCommission;
(b) decide, for the purposes of monitoring the trend of these imports, to
make certain imports subject to prior Community surveillance, inaccordance with Article 10.
2. The surveillance measures shall have a limited period of validity.
Unless otherwise stipulated they shall cease to be valid at the end ofthe second six-month period following the six months in which themeasures were introduced.
Article 10
1. Productsunder prior Community s urveillance may be put into
free circulation only on production of a surveillance document. Suchdocument shall be issued by the competent authority designated by
Member States, free of charge, for any quantity requested and within
a maximum of five working daysfollowing receipt by the nationalcompetent authority of an application by any Community importer,regardless of his place of business in the Community. This applicationshall be deemed to be received by the national competent authority no
later than three working days after submission, unless it is proved
otherwise.
2. The surveillance document shall be made out on a form corre-
sponding to the model in Annex IV.
Except where the decision to impose surveillance provides otherwise,
the importer's application for a surveillance document shall containonly the following:
(a) the full name and address of the applicant (including telephone and
fax numbersand any number identifying the applicant to thecompetent national authority), plusthe applicant'sVAT regis tration
number if he isliable for VAT;
(b) where appropriate, the full name and address of the declarant or of
any representative appointed by the applicant (including telephoneand 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 kilogramsand, where appropriate, any
other additional units (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 thisapplication istrue and
given in good faith, and that I am established in the Community.’
3. The import document shall be valid throughout the Community,
regardless of the Member State of issue.
4. A finding that the unit price at which the transaction is effected
exceedsthat indicated in the import document by les sthan 5 % orthat the total value or quantity of the productspres ented for importa-tion exceedsthe value or quantity given in the import document by1994R0519 — EN — 09.03.2003 — 002.001 — 8
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less than 5 % shall not preclude the release for free circulation of the
product in question. The Commission, having heard the opinionsexpressed in the Committee and taking account of the nature of the
products and other special features of the transactions concerned, may
fix a different percentage, which, however, should not normally exceed10 %.
5. Import documents may be used only for such time as arrange-
mentsfor the liberalization of importsremain in forced in res pect of
the transactions concerned. The said import documents may not in
any event be used beyond the expiry of the period which will be laiddown at the same time and by means of the same procedure as theimposition of surveillance, and which will take account of the natureof the products and other special features of the transactions.
6. Where the decision taken under Article 9 so requires, the origin
of products under Community surveillance must be proved by a certifi-
cate of origin. This paragraph shall not prejudice other provisionsconcerning the 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 authori-zation granted by that Member State may replace the import document.
8. Surveillance document formsand extractsthereof s hall be drawn
up in duplicate, one copy, marked ‘Holder'scopy’ and bearing thenumber 1, to be issued to the applicant, and the other, marked ‘Copyfor the competent authority’ and bearing the number 2, to be kept by
the authority issuing the document. For administrative purposes the
competent authority may add supplementary copies to form 2.
9. Formss hall be printed on white paper free of mechanical pulp,
dressed for writing and weighing between 55 and 65 grams per squaremetre. Their size shall be 210 × 297; the type space between the linesshall be 4,24 mm (one sixth of an inch); the layout of the forms shall
be followed precisely. Both sides of copy No 1, which is the surveil-
lance 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 having the forms printed.
The formsmay als o be printed by printersappointed by the Member
State in which they are established. In the latter case, reference to the
appointment by the Member State must appear on each form. Eachform shall bear an indication of the printer's name and address or amark enabling the printer to be identified.
Article 11
Where the Community's interests so require, the Commission may, at
the request of a Member State or on its own initiative, if the situationreferred to in Article 15 (1) islikely to aris e:
— limit the period of validity of any import document required;
— make issue of this document subject to certain conditions and, as an
exceptional measure, subject to insertion of a revocation clause, or,with the frequency and for the length of time indicated by theComission, to the prior information and consultation procedure
referred to in Article 3.
Article 12
Where importation of a product hasnot been made s ubject to prior
Community surveillance within a period of eight working daysfollowing the end of consultations, the Commission may introduce, inaccordance with Article 17, surveillance confined to imports one ormore regionsof the Community.1994R0519 — EN — 09.03.2003 — 002.001 — 9
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Article 13
1. Productsunder regional s urveillance may be put into free circula-
tion in the region concerned only on production of a surveillance
document. 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 working days ofreceipt by the national competent authority of an application by anyCommunity importer, regardless of his place of business in the
Community. Thisapplication s hall be deemed to have been received
by the national competent authority no later than three working daysafter submission, unless it is proved otherwise. Surveillance documentsmay be used only for such time as arrangements for imports remainliberalized in respect of the transactions concerned.
2. Article 10 (2) shall apply.
Article 14
1. Member States shall communicate to the Commission within the
first ten days of each month in the case of Community or regional
surveillance:
(a) in the case of prior surveillance, details of the sums of money
(calculated on the basis of cif prices) and quantities of goods in
respect of which import documents were issued or endorsed during
the preceding period;
(b) in every case, details of imports during the period preceding the
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 onitsown initiative, amend the time-tablesfor s ubmitting thisinforma-tion.
3. The Commission shall inform the Member States.
TITLE V
Safeguardmeasures
Article 15
1. Where a product isimported into the Community in s uch greatly
increased quantities or on such terms or conditions as to cause, orthreaten to cause, serious injury to Community producers of like ordirectly competing products, the Commission, in order to safeguard
the interests of the Community, may, acting at the request of a Member
State or on itsown initiative, alter the import rulesfor that product byproviding that it may be put into free circulation only on production ofan import authorization, the granting of which shall be governed bysuch provisions and subject to such limits as the Commission shall laydown.
2. The measures adopted shall be communicated forthwith to the
Council and the Member States, they shall take effect immediately.
3. (a) The measures referred to in this Article shall apply to every
product which isput into free circulation after their entry intoforce. In accordance with Article 17 they may be confined toone or more regionsof the Community.
(b) However, such measures shall not prevent the release for free
circulation of productsalready on their way to the Communityprovided that the destination of such products cannot be changed1994R0519 — EN — 09.03.2003 — 002.001 — 10
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and that those products which, under Articles 10 and 13, may be
put into free circulation only on production of an import docu-ment are in fact accompanied by such a document.
4. Where intervention by the Commission has been requested by a
Member State, the Commission shall take a decision within amaximum of five working days of receipt of such a request.
5. Any decision taken by the Commission under this Article shall be
communicated to the Council and to the Member States. Any Member
Statesmay, within one month following the day of communication,
refer such decision to the Council.
6. If a Member State refers the decision taken by the Commission to
the Council, the Council may, acting by a qualified majority, confirm,amended or revoke the decision of the Commission.
If within three monthsfollowing referral of the matter to the Council
the latter has not taken a decision, the measure taken by the Commis-
sion shall be deemed revoked.
Article 16
1. The Council may, in particular in the situation referred to in
Article 15 (1), adopt appropriate measures. It shall act by a qualifiedmajority on a proposal from the Commission.
2. Article 15 (3) shall apply.
Article 17
Where, on the basis, in particular, of the factors referred to in Article 8,
it emergesthat the conditionslaid down for the adoption of meas ures
under Title IV and Article 15 are met in one or more regionsof theCommunity, the Commission, after having examined alternative solu-tions, may exceptionally authorize the application of surveillance orsafeguard measures limited to the region(s) concerned if it considers
that such measures applied at that level are more appropriate than
measures applied throughout the Community.
These measures must be temporary and must disrupt the operation of
the internal market aslittle aspos s ible.
These measures shall be adopted in accordance with the procedures
laid down in Articles9 and 15 res pectively.
Article 18
1. While any surveillance or safeguard measure applied in accor-
dance with TitlesIV and V isin operation, the cons ultationswithin
the Committee provided for in Article 4 shall be held, either at therequest of a Member State or on the initiative of the Commission.The purpose of such consultations shall be:
(a) to examine the effects of the measures;
(b) 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 Titles IV and V should be revoked or amended, it shall
proceed asfollows :
(a) where the Council has taken no decision on a measure taken by the
Commission, the latter shall amend or revoke such measure forth-with and shall immediately deliver a report to the Council;
(b) in all other cases, the Commission shall propose to the Council that
the measures adopted by the Council be revoked or amended. TheCouncil shall act by a qualified majority.
Where this decision concerns regional measures of surveillance, it shall
apply asfrom the s ixth day following that of itspublication in the Offi-
cial Journal of the European Communities .1994R0519 — EN — 09.03.2003 — 002.001 — 11
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TITLE VI
Finalprovisions
Article 19
1. ThisRegulation s hall not preclude the fulfilment of obligations
arising from special rules contained in agreements 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 Member
States:
(i) of prohibitions, quantitative restrictions or surveillance
measures on grounds of public morality, public policy or
public security; the protection of health and life of humans,
animals or plants, the protection of national treasurespossessing artistic, historic or archaeological value, or theprotection of industrial and commercial property;
(ii) of special formalities concerning foreign exchange;
(iii) of formalitiesintroduced purs uant to international agree-
mentsin accordance with the Treaty.
(b) The Member States shall inform the Commission of the
measures or formalities to be introduced or amended in accor-dance with thisparagraph. In the event of extreme urgency, the
national measures or formalities in question shall be communi-
cated to the Commission immediately upon their adoption.
Article 20
1. ThisRegulation s hall be without prejudice to the operation of the
instruments establishing the common organization of agriculturalmarkets or of Community or national administrative provisions derived
therefrom or of the specific instruments adopted under Article 235 of
the Treaty applicable to goods resulting from the processing of agricul-tural products; it shall operate by way of complement to thoseinstruments.
2. However, in the case of products covered by the instruments
referred to in paragraph 1, Articles9 to 14 and 18 s hall not apply to
those in respect of which the Community rules on trade with third
countriesrequire the production of a licence or other import document.
Article 15, 17 and 18 shall not apply to those products in respect of
which such rules make provision for the application of quantitativeimport restrictions.
Article 21
Until 31 December 1995, Spain and Portugal may maintain the quanti-
tative restrictions on agricultural products referred to in Articles 77, 81,244, 249 and 280 of the Act of Accession.
Article 22
For 1994, the level of the quotasreferred to in Article 1 (2) s hall be
reduced in proportion to the period of application, asindicated in
Annex II.
The following products shall not be subject to those quotas and may be
put into free circulation in the Community:
— productsalready on their way to the Community on the date of
publication of thisRegulation in the Official Journal of the
European Communities , provided that the destination of such
productscannot be changed;
— products for which an import licence has been issued by the
national competent authoritiesin conformity with the provis ionsofTitle IV of Regulation (EEC) No 3420/83, and which are in factaccompanied by such licence.1994R0519 — EN — 09.03.2003 — 002.001 — 12
▼B
The provisions of Council Regulation (EC) No 520/94 of 7 March
1994 establishing a Community procedure for administering quantita-tive quotas(
1) are applicable to the quotasreferred to in Annex II.
Article 23
Regulations(EEC) No 1765/82, (EEC) No 1766/82 and (EEC)
No 3420/83 are hereby repealed. Referencesto the repealed Regula-
tions shall be understood as referring to this Regulation.
Article 24
ThisRegulation s hall enter into force on the day of itspublication in
theOfficial Journal of the European Communities .
It shall apply from 15 March 1994.
ThisRegulation s hall be binding in itsentirety and directly applicable
in all Member States.1994R0519 — EN — 09.03.2003 — 002.001 — 13
(1) OJ No L 66, 10. 3. 1994, p. 1.
▼B
ANNEX I
Listofthirdcountries
Armenia
Azerbaijan
Belarus
Kazakhstan
North Korea
RussiaTajikistanTurkmenistan
Ukraine
UzbekistanVietnam1994R0519 — EN — 09.03.2003 — 002.001 — 14
▼M10
▼B
▼M10
▼M3
▼M10
▼B
▼M10
▼M3
▼M10
▼B
▼M10
ANNEX IV
1994R0519 — EN — 09.03.2003 — 002.001 — 15
▼M4
▼M4
1994R0519 — EN — 09.03.2003 — 002.001 — 16
▼M4
1994R0519 — EN — 09.03.2003 — 002.001 — 17
▼M4
1994R0519 — EN — 09.03.2003 — 002.001 — 18