1994R3285 — EN — 01.01.2002 — 002.001 — 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
►M3Council Regulation (EC) No 2474/2000 of 9 November 2000 L 286 1 11.11.2000
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).
▼B
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,
Having regard to the Treaty establishing the European Community, andin particular Article 113 thereof,
Having regard to the instruments establishing the common organization
of agricultural markets and the instruments concerning processedagricultural products, in particular in so far as they provide forderogation from the general principle that quantitative restrictions ormeasures having equivalent effect may be replaced solely by the
measures provided for in the said instruments,
Having regard to the proposal from the Commission,
Having regard 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 repealing Regulation (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 deriving from Article XIX of the General Agreement on Tariffs
and Trade (GATT);
Whereas the completion of the Uruguay Round has led to the foundation
of the World Trade Organization (WTO); whereas Annex 1A to the
Agreement establishing the WTO contains inter alia the General
Agreement on Tariffs and Trade 1994 (GATT 1994) and an Agreementon Safeguards;
Whereas the Agreement on Safeguard meets the need to clarify and
reinforce the disciplines of GATT 1994, and specifically those of ArticleXIX; whereas that Agreement requires the elimination of safeguardmeasures which escape those rules, such as voluntary export restraints,orderly marketing arrangements and any other similar import or export
arrangements;
Whereas the Agreement on Safeguards also covers ECSC products;
whereas the common rules for imports, especially as regards safeguard
measures, therefore also applies to those products without prejudice to
any 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,particularly where the application of safeguard measures is concerned;
Whereas the starting point for the common rules for imports is
liberalization of imports, namely the absence of any quantitativerestrictions;
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, whereappropriate, the measures to be applied;1994R3285 — EN — 01.01.2002 — 002.001 — 2
(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
circulation of the products concerned should be made subject topresentation of an import document meeting uniform criteria; whereas
that document should, on simple application by the importer, be
endorsed by the authorities of the Member States within a certain periodbut without the importer thereby acquiring any right to import; whereasthe document should therefore be valid only during such period as theimport rules remain unchanged;
Whereas the Member States and the Commission should exchange the
information resulting from 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; whereasthose interests should be considered as a whole and should in particularencompass the interest of Community producers, users and consumers;
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 to Communityproducers of like or directly competing products, unless international
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 fordetermining injury 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 opening of
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 submit
their 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 ensuring that such determinations are made
quickly, in order to increase legal certainty for the economic operators
concerned;
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 the average
level of imports over a representative period of at least three years;
Whereas in cases in which a quota is allocated among supplier countries
each country's quota may be determined by agreement with the countries
themselves or by taking as a reference the level of imports over a
representative 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
determined and specific provisions regarding extension, progressiveliberalization and reviews of such measures be laid down;
Whereas the circumstances in which products originating in a
developing country Member of the WTO should be exempt fromsafeguard measures should be established;
Whereas surveillance or safeguard measures confined to one or more
regions of the Community may prove more suitable than measuresapplying to the whole Community; whereas, however, such measuresshould be authorized only exceptionally and where no alternative exists;whereas it is necessary to ensure that such measures are temporary andcause the minimum of disruption to the operation of the internal market;1994R3285 — EN — 01.01.2002 — 002.001 — 3
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Whereas in the interests of uniformity in rules for imports, the
formalities to be carried out by importers should be simplified andmade identical regardless of the place where the goods clear customs;
whereas it is therefore desirable to provide that any formalities should be
carried out using forms corresponding to the specimen annexed to theRegulation;
Whereas import documents issued in connection with Community
surveillance measures should be valid throughout the Communityirrespective 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 products
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 integrated intoGATT 1994; whereas they should therefore be excluded from the scope
of this Regulation;
Whereas the provisions of this Regulation are applicable without
prejudice to Articles 77, 81, 244, 249 and 280 of the Act of Accession ofSpain and Portugal;
Whereas national restrictions with respect to products falling under 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 originate in
acountry which is amember 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. This
information shall contain the evidence available, as determined on the
basis of the criteria laid down in Article 10. The Commission shallimmediately pass this information on to all the Member States.1994R3285 — EN — 01.01.2002 — 002.001 — 4
(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 eightworking days of the Commission receiving the information provided forin Article 2 and, in any event, before the introduction of any Communitysurveillance or safeguard measure.
Article 4
1. Consultation shall take place within an Advisory Committee,
hereinafter 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 the productin question,
— the measures, if any, to be taken.
4. Consultations may be conducted in writing if necessary. The
Commission shall in this event inform the Member States, which mayexpress their opinion or request oral consultations within a period of fiveto 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. Using as a basis the factors described in Article 10, the
investigation shall seek to determine whether imports of the productin question are causing or threatening to cause serious injury to theCommunity producers concerned.
3. The following definitions shall apply:
(a) ‘serious injury’ means a significant overall impairment in the
position of Community producers,
(b) ‘threat of serious injury’ means serious injury that is clearly
imminent;
(c) ‘Community producers’ means the producers as a whole of the like
or directly competing products operating within the territory of the
Community, or those whose collective output of the like or directlycompeting products 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 to
be communicated to the Commission; it shall state the period within
which interested parties may make known their views in writing andsubmit information, if such views and information are to be takeninto account during the investigation; it shall also state the periodwithin which interested parties may apply to be heard orally by theCommission in accordance with paragraph 4;1994R3285 — EN — 01.01.2002 — 002.001 — 5
▼B
(b) commence the investigation, acting in cooperation with the Member
States.
2. The Commission shall seek all information it deems to be
necessary and, where it considers it appropriate, after consulting theCommittee, 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 being carried out, provided that
Member State so wishes.
Interested parties which have come forward pursuant to paragraph 1 (a)
and representatives of the exporting country 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
confidential within the meaning of Article 9 and that it is used by the
Commission in the investigation.
Interested parties which have come forward may communicate their
views on the information in question to the Commission; those views
may be taken into consideration where they are backed by sufficientevidence.
3. The Member States shall supply the Commission, at its request and
following procedures laid down by it, with the information at theirdisposal on developments in the market of the product beinginvestigated.
4. The Commission may hear the interested parties. Such parties must
be heard where they have made a written application within the periodlaid down in the notice published in the OfficialJournaloftheEuropean
Communities , showing that they are actually likely to be affected by the
outcome of the investigation and that there are special reasons for themto 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 misleading
information, it shall disregard the information and may make use of facts
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
safeguard measures are necessary, the investigation shall be terminatedwithin amonth, the Committee ha ving first been consulted. The decisionto terminate the investigation, stating the main conclusions of theinvestigation and a summary of the reasons therefor, shall be publishedin theOfficial Journal of the European Communities .
3. If the Commission considers that Community surveillance or
safeguard measures are necessary, it shall take the necessary decisions in
accordance with Titles IV and V, no later than nine months from the
initiation 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 setting forth the duration of the extension and a
summary of the reasons therefor.1994R3285 — EN — 01.01.2002 — 002.001 — 6
▼B
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 orprovisional safeguard measures in accordance with Articles 16, 17 and18.
Provisional safeguard measures shall be applied:
— in critical circumstances where delay would cause damage which
would be difficult to repair, making immediate action necessary, and
— where a preliminary determination provides clear evidence that
increased imports have caused or are threatening to 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 existing level of customs duty (whether the latter is zero or higher)
if such action is likely to prevent or repair the serious injury.
4. The Commission shall immediately conduct whatever investiga-
tion measures are still necessary.
5. Should the provisional safeguard measures be repealed because no
serious injury or threat of serious injury exists, the customs duties
collected 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
establishing the 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 information of a
confidential nature received pursuant to this Regulation, or any
information provided on a confidential basis without specificpermission 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
unjustified and if the supplier of the information wishes neither to
make it public nor to authorize its disclosure in general terms or
in 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 preceding paragraphs 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 business secrets
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 resulting from such imports shall cover inparticular the following factors:
(a) the volume of imports, in particular where there has been a
significant increase, either in absolute terms or relative to productionor consumption in the Community;1994R3285 — EN — 01.01.2002 — 002.001 — 7
(1) OJ No L 302, 19. 10. 1992, p. 1.
▼B
(b) the price of imports, in particular where there has been a significant
price undercutting as 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 causing or 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 that
capacity will be used to export to the Community.
TITLE IV
Surveillance
Article 11
1. Where the trend in imports of aproduct origina ting in athird
country covered by this Regulation threatens to cause injury to
Community producers, and where the interests of the Community so
require, 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 inparagraph 2,
(b) prior Community surveillance carried out in accordance with Article
12.
2. The decision to impose surveillance shall be taken by the
Commission according to 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 following the six months in which themeasures were introduced.
Article 12
1. Products under prior Community surveillance may be put into free
circulation only on production of a surveillance document. Suchdocument shall be issued by the competent authority designated byMember States, free of charge, for any quantity requested and within a
maximum of five working days of receipt by the national competent
authority of an application by any Community importer, regardless ofhis place of business in the Community. This application shall bedeemed to have been received by the national competent authority nolater than three working days after submission, unless it is provedotherwise.1994R3285 — EN — 01.01.2002 — 002.001 — 8
▼M1
▼M1
2. The surveillance document shall be made out on a form
corresponding to 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 (including telephone and
fax numbers and any number identifying the applicant to the
competent 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 (including telephoneand fax numbers);
(c) adescription 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.’
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
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 in
question. The Commission, having heard the opinions expressed in the
Committee and taking account 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 arrangements
for liberalization of imports remain in force in respect of the transactions
concerned. Such import documents may not in any event be used beyondthe expiry of a period which shall be laid down at the same time and bymeans of the same procedure as the imposition of surveillance, and shalltake account of the nature of the products and other special features ofthe 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 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 importauthorization granted by that Member State may replace the importdocument.
8. Surveillance document forms and extracts thereof shall be drawn
up in duplicate, one copy, marked ‘Holder's copy’ and bearing thenumber 1, to be issued to the applicant, and the other, marked ‘Copy for
the competent authority’ and bearing the number 2, to be kept by the
authority issuing the 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 writing and weighing between 55 and 65 grams per square1994R3285 — EN — 01.01.2002 — 002.001 — 9
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▼M1
▼M1
metre. Their size shall be 210 x 297 mm; the type space between the
lines shall be 4,24 mm (one sixth of an inch); the layout of the formsshall be followed precisely. Both sides of copy No 1, which is the
surveillance document itself, shall in addition have a yellow printed
guilloche pattern background so as to reveal any falsification bymechanical or chemical means.
10. Member States shall be responsible for having the 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 form
shall bear an indication of the printer's name and address or a mark
enabling the printer to be identified.
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, may
introduce surveillance confined to imports into one or more regions of
the Community.
Article 14
1. Products under regional surveillance may be put into free
circulation in the region concerned only on production of a surveillance
document. Such document shall be issued by the competent authority
designated 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. This application shall 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 12 (2) shall apply.
Article 15
1. Member States shall communicate to the Commission within the
first 10 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 inrespect of which import documents were issued or endorsed duringthe 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 on its
own initiative, amend the timetables for submitting this information.
3. The Commmission shall inform the Member States accordingly.1994R3285 — EN — 01.01.2002 — 002.001 — 10
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TITLE V
Safeguard measures
Article 16
1. Where aproduct is imported into the Community in such grea tly
increased quantities and/or on such terms or conditions as to cause, or
threaten to cause, serious injury to Community producers, theCommission, in order to safeguard the interests of the Community,may, acting at 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 making its
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 lay
down.
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 in the
first subparagraph of that paragraph are met.
3. (a) If establishing a 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 jeopardizing achievement of the aim
pursued in establishing the quota.
(b) Any quota shall not be set lower than the average level of imports
over the last three representative years for which statistics areavailable unless a different level is necessary to prevent orremedy serious injury.
4. (a) In cases in which a quota is allocated among supplier countries,
allocation may be agreed with those of them having a substantialinterest in supplying the product concerned for import into theCommunity.
Failing this, the quota shall be allocated among the supplier
countries in proportion to their share of imports into theCommunity of the product concerned during aprevious
representative period, due account being taken of any specific
factors which may have affected or may be affecting the trade inthe product.
(b) Provided that its obligation to see that consultations are
conducted under the auspices of the WTO Committee onSafeguards is not disregarded, the Community may neverthelessdepart from this method of allocation in case of serious injury if
imports originating in one or more supplier countries have
increased 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 changedand that those products which, pursuant to Articles 11 and 12,1994R3285 — EN — 01.01.2002 — 002.001 — 11
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may be put into free circulation only in production of an import
document 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 working days 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. Any
Member State may, within one month following the day of suchcommunication, refer the decision to the Council.
8. If aMember Sta te refers the Commission's decision to the Council,
the Council, acting by 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, acting by
a qualified majority on a proposal from the Commission drawn up inaccordance with the terms of Title III, may adopt appropriate measures
to prevent aproduct being imported into the Community in such grea tly
increased quantities and/or on such terms or conditions as to cause, orthreaten to cause, serious injury to Community producers of like ordirectly competing products.
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 measures
pursuant to Articles 11 and 16 are met in one or more regions of the
Community, the Commission, after having examined alternativesolutions, may exceptionally authorize the application of surveillanceor safeguard 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
developing country Member of the WTO as long as that country's share
of Community imports of the product concerned does not exceed 3 %,
provided that developing country 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, including the 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,
— and there is evidence that Community producers are adjusting.
3. Extensions shall be adopted in accordance with the terms of Title
III and using the same producers as the initial measures. A measure so1994R3285 — EN — 01.01.2002 — 002.001 — 12
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extended shall not be more restrictive than it was at the end of the initial
period.
4. If the duration of the measure exceeds one year, the measure must
be progressively liberalized at regular intervals during the period of
application, including the period of extension.
5. The total period of application of a safeguard measure, including
the period of application of any provisional measures, the initial period
of application and any prorogation thereof, may not exceed eight years.
Article 21
1. While any surveillance or safeguard measure applied in accor-
dance with Titles IV and V is in operation, consultations shall be held
within the Committee, either at the request of a Member State or on the
initiative 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. Thepurpose 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 following that 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
safeguard measure, no further measure shall be applied to that product
until a period equal to the duration of the previous measure has elapsed.
Such period 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 preceding thedate of introduction of the measure.
TITLE VI
Final provisions
Article 23
Where the interests of the Community so require, the Council, acting by
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 relating totrade in commodities, to be exercised and fulfilled at international level.1994R3285 — EN — 01.01.2002 — 002.001 — 13
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Article 24
1. This Regulation shall not preclude the fulfilment of obligations
arising from special rules contained in agreements concluded between
the 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 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 formalities introduced pursuant to international agree-
ments in accordance with the Treaty.
(b) The Member States shall inform the Commission of the measures
or formalities they intend to introduce or amend in accordance
with this paragraph. In the event of extreme urgency, the nationalmeasures or formalities in question shall be communicated to theCommission 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 resulting
from the processing of agricultural products; it shall operate by way of
complement 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 alicence 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 import
restrictions.
Article 26
1. Residual national restrictions relating to 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.1994R3285 — EN — 01.01.2002 — 002.001 — 14
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ANNEXE I
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ANNEX II
List of textile and clothing products integrated into the normal GATT 1994
rules
Category Description
10 Gloves, mittens and mitts, knitted or crocheted
18 Men's or boys' singlets and other vests, underpants, briefs,
nightshirts, pyjamas, bathrobes, dressing gowns and similar
articles, other than knitted or crocheted
Women's or girls' singlets and other vests, slips, petticoats,
briefs, panties, nightdresses, pyjamas, negligées, bathrobes,
dressing gowns and similar articles, other than knitted or
crocheted
19 Handkerchiefs, other than knitted or crocheted21 Parkas; anoraks, windcheaters, waister jackets and the like, other
than knitted or crocheted, of wool, of cotton or of man-made
fibres; upper parts of track suits with lining, other than category
16 or 29, of cotton or of man-made fibres
24 Men's or boys' nightshirts, pyjamas, bathrobes, dressing gowns
and similar articles, knitted or crocheted
Women's or girls' nightdresses, pyjamas, negligées, bathrobes,
dressing gowns and similar articles, knitted or crocheted
27 Women's or girls' skirts, including divided skirts32 Woven pile fabrics and chenille fabrics (other than terry
towelling or terry fabrics of cotton and narrow woven fabrics)
and tufted textile surfaces, of wool, of cotton or of man-made
textile fibres
33 Woven fabrics of synthetic filament yarn obtained from strip or
the like of polyethylene or polypropylene, less than 3 m wide
Sacks and bags, of a kind used for the packing of goods, not
knitted or crocheted, obtained from strip or the like
34 Woven fabrics of synthetic filament yarn obtained from strip or
the like of polyethylene or polypropylene, 3 m or more wide
36 Woven fabrics of continuous artificial fibres, other than those for
tyres of category 114
37 Woven fabrics of artificial staple fibres
38 A Knitted or crocheted synthetic curtain fabric including net
curtain fabric
40 Woven curtains (including drapes, interior blinds, curtain and
bed valances and other furnishing articles), other than knitted or
crocheted, of wool, of cotton or of man-made fibres
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
42 Yarn of continuous man-made fibres, not put up for retail sale
Yarn of artificial fibres; yarn of artificial filaments, not put up
for retail sale, other than single yarn of viscose rayon untwisted
or with a twist of not more than 250 turns/m and single non-
textured yarn of cellulose acetate1994R3285 — EN — 01.01.2002 — 002.001 — 19
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Category Description
43 Yarn of man-made filament, yarn of artificial staple fibres,
cotton yarn, put up for retail sale
46 Carded or combed sheep's or lambs' wool or other fine animal
hair
47 Yarn of carded sheep's or lambs' wool (woollen yarn) or of
carded fine animal hair, not put up for retail sale
48 Yarn of combed sheep's or lambs' wool (worsted yarn) or of
combed fine animal hair, not put up for retail sale
49 Yarn of sheep's or lambs' wool or of combed fine animal hair,
put up for retail sale
53 Cotton gauze
54 Artificial staple fibres, including waste, carded, combed or
otherwise processed for spinning
55 Synthetic staple fibres, including waste, carded, combed or
otherwise processed for spinning
56 Yarn of synthetic staple fibres (including waste), put up for retail
sale
58 Carpets, carpentines and rugs, knotted (made up or not)
59 Carpets and other textile floor coverings, other than the carpets
of category 58
60 Tapestries, hand-made, of the type Gobelins, Flanders,
Aubusson, Beauvais and the like, and needlework tapestries
(e.g. petit point and cross stitch) made in panels and the like by
hand
61 Narrow woven fabrics, and narrow fabrics (bolduc) consisting of
warp without weft, assembled by means of an adhesive, other
than labels and similar articles of category 62
Elastic fabrics and trimmings (not knitted or crocheted), made
from textile materials assembled from rubber thread
62 Chenille yarn (including flock chenille yarn), gimped yarn (other
than metallised yarn and gimped horsehair yarn)
Tulle and other net fabrics but not including woven, knitted or
crocheted fabrics, hand or mechanically-made lace, in the piece,
in strips or in motifs
Labels, badges and the like of textile materials, not embroidered,
in the piece, in strips or cut to shape or size, woven
Braids and ornamental trimmings in the piece; tassels, pompons
and the like
Embroidery, in the piece, in strips or in motifs
63 Knitted or crocheted fabric of synthetic fibres containing by
weight 5 % or more elastomeric yarn and knitted or crocheted
fabrics containing by weight 5 % or more of rubber thread
Raschel lace and long-pile fabric of synthetic fibres
65 Knitted or crocheted fabric, other than those of categories 38 A
and 63, of wool, of cotton or of man-made fibres1994R3285 — EN — 01.01.2002 — 002.001 — 20
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Category Description
66 Travelling rugs and blankets, other than knitted or crocheted, of
wool, of cotton or of man-made fibres
67 Knitted or crocheted clothing accessories other than for babies;
household linen of all kinds, knitted or crocheted; curtains
(including drapes) and interior blinds, curtain or bed valances
and other furnishing articles knitted or crocheted; knitted or
crocheted blankets and travelling rugs, other knitted or crocheted
articles including parts of garments or of clothing accessories
68 Babies' garments and clothing accessories, excluding babies'
gloves, mittens and mitts of categories 10 and 87, and babies'
stockings, socks and sockettes, other than knitted or crocheted,
of category 88
69 Women's and girls' slips and petticoats, knitted or crocheted70 Pantyhose 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
73 Track suits of knitted or crocheted fabric, of wool, of cotton or of
man-made textile fibres
74 Women's or girls' knitted or crocheted suits and ensembles, of
wool, of cotton or of man-made fibres, excluding ski suits
75 Men's or boys' knitted or crocheted suits and ensembles, of wool,
of cotton or of man-made fibres, excluding ski suits
76 Men's or boys' 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 crocheted, 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 accessories, parts of garments or of clothing accessories
other than for babies, other than knitted or crocheted
91 Tents93 Sacks and bags, of a kind used for the packing of goods of
woven fabrics, other than made from polyethylene or poly-
propylene strip
94 Wadding of textile materials and articles thereof; textile fibres,
not exceeding 5 mm in length (flock), textile dust and mill neps
95 Felt and articles thereof, whether or not impregnated or coated,
other than floor coverings
96 Non-woven fabrics and articles of such fabrics, whether or not
impregnated, coated, covered or laminated1994R3285 — EN — 01.01.2002 — 002.001 — 21
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Category Description
98 Other articles made from yarn, twine, cordage, cables or rope,
other than textile fabrics, articles made from such fabrics and
articles of category 97
99 Textile fabric coated with gum or amylaceous substances, of a
kind used for the outer covers of books and the like; tracing
cloth; prepared painting canvas; buckram and similar stiffened
textile fabrics of a kind used for hat foundations
Linoleum, whether or not cut to shape; floor coverings consisting
of a coating or covering applied on a textile backing, whether or
not cut to shape
Rubberised textile fabric, not knitted or crocheted, excluding
those for tyres
Textile fabrics otherwise impregnated or coated; painted canvas
being theatrical scenery, studio backcloths, other than of
category 100
100 Textile fabrics impregnated, coated, covered or laminated with
preparations of cellulose derivatives or of other artificial plastic
materials
101 Twine, cordage, ropes and cables, plaited or not, other than of
synthetic fibres
109 Tarpaulins, sails, awnings and sunblinds110 Woven pneumatic mattresses
111 Camping goods, woven, other than pneumatic mattresses and
tents
112 Other made-up textile articles, woven, excluding those of
categories 113 and 114
113 Floor cloths, dish cloths and dusters, other than knitted or
crocheted
114 Woven fabrics and articles for technical uses120 Curtains (including drapes), interior blinds, curtain and bed
valances and other furnishing articles, not knitted or crocheted,
of flax or ramie
122 Sacks and bags, of a kind used for the packing of goods, used, of
flax, other than knitted or crocheted
123 Woven pile fabrics and chenille fabrics of flax or ramie, other
than narrow woven fabrics
Shawls, scarves, mufflers, mantillas, veils and the like, of flax or
ramie, other than knitted or crocheted
124 Synthetic staple fibres
125 A Synthetic filament yarn (continuous) not put up for retail sale,
other than yarn of category 41
126 Artificial staple fibres
127 A Yarn of artificial filaments (continuous) not put up for retail sale,
other than yarn of category 42
129 Yarn of coarse animal hair or of horsehair
131 Yarn of other vegetable textile fibres1994R3285 — EN — 01.01.2002 — 002.001 — 22
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Category Description
133 Yarn of true hemp
134 Metallised yarn
135 Woven fabrics of coarse animal hair or of horsehair137 Woven pile fabric and chenille fabrics and narrow woven fabrics
of silk, or of silk waste
138 Woven fabrics of paper yarn and other textile fibres other than of
ramie
139 Woven fabrics of metal threads or of metallised yarn140 Knitted or crocheted fabric of textile material other than wool or
fine animal hair, cotton or man made fibres
141 Travelling rugs and blankets of textile material other than wool
or fine animal hair, cotton or man-made fibres
142 Carpets and other textile floor coverings of sisal, of other fibres
of the agave family or the Manila hemp
144 Felt of coarse animal hair145 Twine, cordage, ropes and cables plaited or not abaca (Manila
hemp) or of true hemp
146 A Binder or baler twine for agricultural machines, of sisal or other
fibres of the agave family
146 B Twine, cordage, ropes and cables of sisal or other fibres of the
agave family, other than the products of category 146 A
148 A Yarn of jute or of other textile bast fibres of heading No 5303
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
151 A Floor covering of coconut fibres (coir)
152 Needle loom felt of jute or of other textile bast fibres not
impregnated or coated, other than floor coverings
153 Used sacks and bags, of a kind used for the packing of goods, of
jute or of other textile bast fibres of heading No 5303
160 Handkerchiefs of silk or silk waste
161 Garments, not knitted or crocheted, other than those of
categories 1 to 123 and category 159
5604 10 Rubber thread and cord, textile covered
6309 00 Worn clothing and other worn articles6405 20 Other footwear with uppers of textile materials
6501 00 Hat forms, hat bodies and hoods of felt, neither blocked to shape
nor with made brims; plateaux and manchons (including slit
manchons), of felt1994R3285 — EN — 01.01.2002 — 002.001 — 23
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Category Description
6502 00 Hat shapes, plaited or made by assembling strips of any material,
neither blocked to shape, nor with made brims, nor lined, nor
trimmed
6503 00 Felt hats and other felt headgear, made from the hat bodies,
hoods or plateaux of heading No 6501, whether or not lined or
trimmed
6504 00 Hats and other headgear, plaited or made by assembling strips of
any material, whether or not lined or trimmed
6505 90 Hats and other headgear, knitted or crocheted, or made up from
lace, felt or other textile fabric, in the piece (but not in strips),
whether or not lined or trimmed
6601 10 Garden or similar umbrellas
6601 91 Umbrellas and sun umbrellas having a telescopic shaft
6601 99 Other umbrellas8708 21 Safety seat belts8804 00 Parachutes (including dirigible parachutes and paragliders) and
rotochutes; parts thereof and accessories thereto
9113 90 Other watch straps, watch bands and watch bracelets9404 90 Other than mattress supports, mattresses or sleeping bags
9502 91 Garments and accessories therefor, footweat and headgear for
dolls representing only human beings
ex 3921 12
ex 3921 13
ex 3921 90ex 4202 12ex 4202 22ex 4202 32
ex 4202 92
ex 6406 10ex 6406 99ex 7019 10
ex 7019 20
ex 9612 101994R3285 — EN — 01.01.2002 — 002.001 — 24