COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(92) 62 final 
Brussels, 25 February 1992 
Proposal for a 
COUNCIL REGULATION (EEC) 
on certain modalities for the application of the Interim Agreement 
on trade and trade-related matters between the European Economic Community 
and the European Coal and steel Community, of the one part, and 
the Republic of Poland, of the other part 
Proposal for a 
COUNCIL REGULATION (EEC) 
on certain modalities for the application of the Interim Agreement 
on trade and trade-related matters between the European Economic Community 
and the European Coal and Steel Community, of the one part, and 
the Republic of Hungary, of the other part 
Proposal for a 
COUNCIL REGULATION (EEC) 
on certain modalities for the application of the Interim Agreement 
on trade and trade-related matters between the European Economic Community 
and the European Coal and Steel Community, of the one part, and 
the Czech and Slovak Republic, of the other part 
(presented by the Commission) 
Explanatory memorandum 
1. The proposed regulations aim at the introduction of the 
modalities for the application of certain safeguard 
measures and measures of commercial protection contained in 
the interim agreements preceding the Europe Agreements 
concluded between the European Economic Community and the 
European Coal and Steel Community of the one partPoland, 
Hungary and Czechoslovakia of the other part. 
2. The objectif is the introduction of specific rules to the 
general provisions concerning the common import regime 
including the provisions establishing a protection against 
subsidies and dumping practices in relation with imports 
from third countries. The specific rules shall abide by the 
obligations undertaken in the interim agreements and shall 
moreover in the light of the completion of the single 
market introduce a Community procedure for the application 
of such measures. 
3. The regulations introduce moreover rules concerning the 
possible application of safeguard measures in the area of 
the common market organizations for agricultural products 
and in the area of processed agricultural goods. 
4. The regulations are to a large extent similar or even 
identical to those adopted for the application of the 
Lomé-agreements1) and the agreement between the CEE and 
Austria2). 
1) O.J. Nr. L 358 of 21.12.1990,p. 4 
2) O.J. N° L 74 Of 20.3.1990, p. 1 
Proposai for 
REGULATION (EEC) OF THE COIINC!) 
on certain modalities for the application of the interim agreement on 
trade and trade related matters between the European Economic Community 
and the European Coal and Steel Community of the one part and the 
Republic of Poland of the other part 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the proposal from the Commission, 
WHEREAS an interim agreement on trade and trade related matters between 
the European Economic Community and the European Coal and Steel 
Community of the one part and the Republic of Poland of the other part 
("the Agreement") was signed in Brussels on 16 December 1991; 
WHEREAS, it is necessary to lay down the modalities for the 
implementation of certain provisions of the Agreement; 
WHEREAS, this Regulation lays down the specific provisions concerning 
the general rules set out in Council Regulation (EEC) N° 288/82 of 5 
February 1982 on common rules for imports1), as last amended by 
Regulation (EEO2727/90 of 26 September 1990 2) and in Council 
Regulation (EEC) 2423/88 of 11 July 1988 on protection against dumped 
or subsidized imports from countries not members of the European 
Economic Community3^ where the Agreement makes this necessary, 
WHEREAS account should be taken of the undertakings set out in the 
Agreement when examining whether a safeguard measure should be 
introduced, 
WHEREAS, the procedures concerning safeguard clauses provided for in 
the Treaty establishing the European Economic Community; 
WHEREAS, specific provisions have been adopted concerning safeguard 
measures to be applied to textile products referred to in Protocol 1 of 
the Agreement; 
1) O.J. L 35, 9.2.1982, p.1 
2) O.J. L 262 of 26 September 1990, P. 11 
3) O.J. .N° L .209. 2.8.88, p,.18 
WHEREAS specific procedures have to be introduced for the application 
of safeguard measures in the agricultural sectors; 
Title I : Agricultural products 
Article 1. 
Provisions for the implementation of Article 14 paragraph 2 and 4 of 
the Agreement concerning agricultural products coming under Annex II of 
the Treaty and subject in the framework of a common market 
organization to a regime of levies and concerning products falling 
within NC code 0711.50 and 2003.1010 are adopted in accordance with 
Article 26 of Regulation (CEE) N° 2727/75 of 9 October 19755)or in 
accordance with the corresponding provisions of other regulations 
establishing a common organization of the agricultural markets. These 
provisions may provide for the introduction of import certificates in 
those sectors in which such certificates are not provided for by the 
common organisation of agricultural markets. 
Title II: Protective measures 
Article 2 
The Council may, in accordance with the procedure provided for in 
Article 113 of the Treaty, decide to make a reference to the Joint 
Committee established by the Agreement concerning the measures provided 
for in Articles 22 and 44, paragraph 2. Where necessary, the Council 
shall adopt these measures in accordance with the same procedure. 
The Commission may submit the necessary proposals to this end on its 
own initiative or at the request of a Member State. 
Article 3 
1. In the case of a practice that may justify application by the 
Community of the measures provided for in Article 33 of the Agreement, 
the commission, after examining the case on its own initiative or at 
the request of a Member State, shall decide whether such practice is 
compatible with the Agreement. Where necessary it shall propose the 
5) J..0»U..281 ,of 1 november 1975 
adoption of safeguard measures to the Council, which shall act in 
accordance with the procedure laid down in Article 113 of the Treaty, 
except in the case of public aids, to which regulation (EEC) N° 2423/88 
applies which latter measures shall be taken according to the 
procedures laid down in that regulation. 
2. In the case of a practice that may cause safeguard measures to be 
applied to the Community on the basis of Article 33 of the Agreement, 
the Commission, after examining the case, shall decide whether the 
practice is compatible with the principles set out in the Agreement. 
Where necessary, it shall take appropriate decisions. 
Article 4 
In the case of dumping, liable to warrant the application by the 
Community of the measures provided for in Article 23 of the Agreement, 
the introduction of anti-dumping measures shall be decided upon in 
accordance with the provisions laid down in Regulation (EEC) N°2423/88 
and the procedure provided for in Articles 27 paragraph 2 and 27 
paragraph 3 (b) or (d). 
Article 5 
1. Where a Member State requests the Commission to apply safeguard 
measures as provided for in Articles 24 or 25 of the Agreement, it 
shall provide the Commission with the information needed to justify 
it's request to apply safeguard measures. 
If the Commission decides not to apply them, the Commission shall 
inform the Council and the Member States accordingly within five 
working days of receipt of the request from the Member State. 
Any Member State may refer this decision of the Commission to the 
Council within 10 working days of its notification. 
If the Council, acting by a qualified majority, indicates it's 
intention to adopt a different decision, the Commission shall inform 
the Republic of Poland and shall notify the opening of the 
consultations within the Mixed Commission as provided for in 
Article 27, paragraphs 2 and 3 of the Agreement. 
The Council, acting at a qualified majority, may take such a different 
decision within 20 working days after the conclusion of the 
consultations with Poland within that commission. 
2. The Commission shall be assisted by a committee composed of 
representatives of the Member States and chaired by a representative of 
the Commission ("the Committee"). 
The committee shall meet when convened by its chairman. The latter 
shall communicate any appropriate information to the member States 
without delay. 
3. Where the Commission, at the request of a Member State or on its 
own initiative, decides that the safeguard measures provided for in 
Articles 24 or 25 of the Agreement should be applied: 
it shall inform the Member State forthwith or, if it is 
responding to a Member State's request, within five working days 
of the date of receipt of that request, 
it shall consult the committee (hereinafter referred to as "the 
commi ttee"), 
at the same time it shall inform the Republic of Poland and 
notify the Joint Committee of the opening of consultations as 
referred to in Article 27 paragraphs 2 and 3 of the Agreement, 
at the same time it shall provide the Joint Committee with all 
the information necessary for these consultations. 
4. In any event, the consultations within the Joint Committee shall 
be deemed to be completed 30 days after the notification referred to in 
the fourth subparagraph of paragraph 1 and in paragraph 3. 
At the end of the consultations or on expiry of the period of 30 days, 
and if no other arrangement proves possible, the Commission, after 
consulting the committee may take appropriate measures to implement 
Articles 24 and 25 of the Agreement. 
5. The decision referred to in paragraph 4 shall be notified 
forthwith to the Council, the Member States and the Republic of Poland. 
It shall also be notified to the Joint Committee. 
It shall be immediately applicable. 
6. Any Member State may refer the Commission decision referred to in 
paragraph 4 to the Council within 10 working days of receiving 
notification of the decision. 
7. If the Commission has not taken a decision within 10 working days 
following the end of the consultations with the Joint Committee or, as 
the case may be, the end of the period of 30 days, any Member State 
which has referred the matter to the Commission in accordance with 
paragraph 3 may refer it to the Council. 
8. In the cases referred to in paragraphs 6 and 7 respectively the 
Council, acting by a qualified majority, may adopt a different decision 
within 20 working days. 
Article 6 
1. Where exceptional circumstances arise within the meaning of 
Article 27 paragraph 3 (d) of the Agreement, the Commission may take 
immediate safeguard measures in the cases referred to in Articles 24 
and 25 of the Agreement. 
2. If the Commission receives a request from a Member State it shall 
take a decision thereon within five working days following receipt of 
the request. 
It shall notify the Council and the Member States of its decision. 
3. Any Member State may refer the Commission's decision to the 
Council in accordance with the procedure provided for in Article 5 
paragraph 6 of this regulation. 
The procedure set out in Article 5 paragraphs 6 to 8 shall be 
applicab le. 
-8 
If the Commission has not taken a decision within the time limit 
mentioned in paragraph 2, any member State which has referred the 
matter to the Commission may refer it to the Council in accordance with 
the procedure laid down in the preceding subparagraphs. 
Art icle 7 
The procedures laid down in Articles 5 and 6 shall not apply to 
products referred to in Protocol 1 (on textile and clothing products) 
of the Agreement. 
Article 8 
1. By derogation to Articles 5 and 6, if the circumstances demand 
that measures are taken concerning agricultural products on the basis 
of Articles 15 and 24 of the Agreement or on the basis of provisions in 
the Annexes covering these products, such measures shall be taken 
according to procedures laid down in the regulations establishing a 
common organization of the agricultural markets, or in specific 
provisions adopted under Article 235 of the Treaty and applicable to 
products resulting from the processing of agricultural products, 
provided that the conditions established under Articles 15 or 27, 
paragraph 2 and 3 of the Agreement are met. 
Article 9 
Notification to the Joint Committee by the Community as required by 
the Agreement shall be the responsibility of the Commission. 
Article 10 
The provisions of this regulation do not preclude the application of 
safeguard measures provided for in the Treaty establishing the European 
Economic Community, in particular Articles 108 and 109, according to 
the procedures laid down therefore. 
y 
Article 11 
This Regulation shall enter into force on 1992. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at Brussels, 
For the CounciI, 
The President, 
-A» 
Draft joint declaration 
The Council and the Commission declare that it is advisable in the 
context of the completion of the Single market on 1.1.1993 to confer on 
the Commission the powers for execution as far as the commercial 
concessions granted by the international agreements concluded by the 
Community are concerned. To this end the Council invites the Commission 
to submit the necessary proposals as soon as possible. 
M 
Proposal for 
REGULATION (EEC) OF THE COUNCIL 
on certain modalities for the application of the interim agreement on 
trade and trade related matters between the European Economic Community 
and the European Coal and Steel Community of the one part and the 
Republic of Hungary of the other part 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the proposal from the Commission, 
WHEREAS an interim agreement on trade and trade related matters between 
the European Economic Community and the European Coal and Steel 
Community of the one part and the Republic of Hungary of the other 
part ("the Agreement") was signed in Brussels on 16 December 1991; 
WHEREAS, it is necessary to lay down the modalities for the 
implementation of certain provisions of the Agreement; 
WHEREAS, this Regulation lays down the specific provisions concerning 
the general rules set out in Council Regulation (EEC) N° 288/82 of 5 
February 1982 on common rules for imports1), as last amended by 
Regulation (EEO2727/90 of 26 September 1990 2) and in Council 
Regulation (EEC) 2423/88 of 11 July 1988 on protection against dumped 
or subsidized imports from countries not members of the European 
Economic Community3) where the Agreement makes this necessary, 
WHEREAS account should be taken of the undertakings set out in the 
Agreement when examining whether a safeguard measure should be 
introduced, 
WHEREAS, the procedures concerning safeguard clauses provided for in 
the Treaty establishing the European Economic Community; 
WHEREAS, specific provisions have been adopted concerning safeguard 
measures to be applied to textile products referred to in Protocol 1 of 
the Agreement ; 
1) O.J. L 35, 9.2.1982, p.1 
2) O.J. L 262 of 26 September 1990, P. 11 
31 O I N° I onq 2.8.88. p.18 
-At 
WHEREAS, specific procedures have to be introduced for the application 
of safeguard measures in the agricultural sectors 
Title I : Agricultural products 
Article 1. 
Provisions for the implementation of Article 14 paragraph 2 and 4 of 
the Agreement concerning agricultural products coming under Annex II of 
the Treaty and subject in the framework of a common market 
organization to a regime of levies and concerning products falling 
within NC code 0711.50 and 2003.1010 are adopted in accordance with 
Article 26 of Regulation (CEE) N° 2727/75 of 9 October 19755>or in 
accordance with the corresponding provisions of other regulations 
establishing a common organization of the agricultural markets. These 
provisions may provide for the introduction of import certificates in 
those sectors in which such certificates are not provided for by the 
common organisation of agricultural markets. 
Title II: Protective measures 
Art icle 2 
The Council may, in accordance with the procedure provided for in 
Article 113 of the Treaty, decide to refer to the Joint Committee 
established by the Agreement for the purpose of taking the measures 
provided for in Articles 22 and 43, paragraph 2. Where necessary, the 
Council shall adopt these measures in accordance with the same 
procedure. 
The Commission may submit the necessary proposals to this end on its 
own initiative or at the request of a Member State. 
Art icle 3 
1. In the case of a practice that may justify application by the 
Community of the measures provided for in Article 32 of the Agreement, 
the commission, after examining the case on its own initiative or at 
the request of a Member State, shall decide whether such practice is 
5) .i-O.L. 284 of 1 november .1975 
* 
compatible with the Agreement. Where necessary it shall propose the 
adoption of safeguard measures to the Council, which shall act in 
accordance with the procedure laid down in Article 113 of the Treaty, 
except in the case of public aids, to which regulation (EEC) N° 2423/88 
applies, when measures are taken according to the procedures laid down 
in that régulât ion. 
2. In the case of a practice that may cause safeguard measures to be 
applied to the Community on the basis of Article 32 of the Agreement, 
the Commission, after examining the case, shall decide whether the 
practice is compatible with the principles set out in the Agreement. 
Where necessary, it shall take appropriate decisions. 
Article 4 
In the case of dumping, liable to warrant the application by the 
Community of the measures provided for in Article 23 of the Agreement, 
the introduction of anti-dumping measures shall be decided upon in 
accordance with the provisions laid down in Regulation (EEC) N°2423/88 
and the procedure provided for in Articles 27 paragraph 2 and 27 
paragraph 3 (b) or (d). 
Article 5 
1. Where a Member State requests the Commission to apply safeguard 
measures as provided for in Articles 24 or 25 of the Agreement, it 
shall provide the Commission with the information needed to justify 
it's request to apply safeguard measures. 
If the Commission decides not to apply them, the Commission shall 
inform the Council and the Member States accordingly within five 
working days of receipt of the request from the Member State. 
Any Member State may refer this decision of the Commission to the 
Council within 10 working days of its notification. 
-Àl\ 
If the Council, acting by a qualified majority, indicates it's 
intention to adopt a different decision, the Commission shall inform 
the Republic of Hungary and shall notify the opening of the 
consultations within the Mixed Commission as provided for in Article 
27, paragraphs 2 and 3 of the Agreement. 
The Council, acting at a qualified majority, may take such a different 
decision within 20 working days after the conclusion of the 
consultations with Hungary within that commission. 
2. The Commission shall be assisted by a committee composed of 
representatives of the Member States and chaired by a representative of 
the Commission ("the Committee"). 
The committee shall meet when convened by its chairman. The latter 
shall communicate any appropriate information to the member States 
without delay. 
3. Where the Commission, at the request of a Member State or on its 
own initiative, decides that the safeguard measures provided for in 
Articles 24 or 25 of the Agreement should be applied: 
it shall inform the Member State forthwith or, if it is 
responding to a Member State's request, within five working 
days of the date of receipt of that request, 
it shall consult the committee 
at the same time it shall inform the Republic of Hungary and 
notify the Joint Committee of the opening of consultations as 
referred to in Article 27 paragraphs 2 and 3 of the Agreement, 
at the same time it shall provide the Joint Committee with all 
the information necessary for these consultations. 
4. In any event, the consultations within the Joint Committee shall 
be deemed to be completed 30 days after the notification referred to in 
the fourth subparagraph of paragraph 1 and in paragraph 3. 
At the end of the consultations or on expiry of the period of 30 days, 
and if no other arrangement proves possible, the Commission, after 
consulting the committee may take appropriate measures to implement 
articles 24 and 25 of the Agreement. 
-Kb-
5. The decision referred to in paragraph 4 shall be notified 
forthwith to the Council, the Member States and the Republic of 
Hungary. It shall also be notified to the Joint Committee. 
It shall be immediately applicable. 
6. Any Member State may refer the Commission decision referred to in 
paragraph 4 to the Council within 10 working days of receiving 
notification of the decision. 
7. If the Commission has not taken a decision within 10 working days 
following the end of the consultations with the Joint Committee or, as 
the case may be, the end of the period of 30 days, any Member State 
which has referred the matter to the Commission in accordance with 
paragraph 3 may refer it to the Council. 
8. In the cases referred to in paragraphs 6 and 7 the Council, 
acting by a qualified majority, may adopt a different decision within 
20 working days. 
Article 6 
1. Where exceptional circumstances arise within the meaning of 
article 27 paragraph 3 (d) of the Agreement, the Commission may take 
immediate safeguard measures in the cases referred to in articles 24 
and 25 of the Agreement. 
2. If the Commission receives a request from a Member State it shall 
take a decision thereon within five working days following receipt of 
the request. 
It shall notify the Council and the Member States of its decision. 
3. Any Member State may refer the Commission's decision to the 
Council in accordance with the procedure provided for in article 5 
paragraph 6 of this Regulation. 
The procedure set out in Article 5 paragraphs 6 to 8 shall be 
appl icable. 
-kt> 
If the Commission has not taken a decision within the time limit 
mentioned in paragraph 2, any member State which has referred the 
matter to the Commission may refer it to the Council in accordance with 
the procedure laid down in the preceding subparagraphs. 
Article 7 
The procedures laid down in Articles 5 and 6 shall not apply to 
products referred to in Protocol 1 (on textile and clothing products) 
of the Agreement 
Article 8 
1. By derogation to Articles 5 and 6, if the circumstances demand 
that measures are taken concerning agricultural products on the basis 
of Articles 15 and 24 of the Agreement or on the basis of provisions in 
the Annexes covering these products, such measures shall be taken 
according to procedures laid down in the regulations establishing a 
common organization of the agricultural markets, or in specific 
provisions adopted under Article 235 of the Treaty and applicable to 
products resulting from the processing of agricultural products, 
provided that the conditions established under Articles 15 or 27, 
paragraph 2 and 3 of the Agreement are met. 
Art icle 9 
Notification to the Joint Committee by the Community as required by 
the Agreement shall be the responsibility of the Commission. 
Article 10 
The provisions of this regulation do not preclude the application of 
safeguard measures provided for in the Treaty establishing the European 
Economic Community, in particular Articles 108 and 109, according to 
the procedures laid down therefore. 
M 
Article 11 
This Regulation shall enter into force on 1992. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member States. 
Done at Brussels, 
For the Counci I, 
The President, 
-A8 
Draft joint declaration 
The Council and the Commission declare that it is advisable in the 
context of the completion of the Single market on 1.1.1993 to confer on 
the Commission the powers for execution as far as the commercial 
concessions granted by the international agreements concluded by the 
Community are concerned. To this end the Council invites the Commission 
to submit the necessary proposals as soon as possible. 
» 
Proposal for 
REGULATION (EEC) OF THE COUNCIL 
on certain modalities for the application of the interim agreement on 
trade and trade related matters between the European Economic Community 
and the European Coal and Steel Community of the one part and the 
Czech and Slovak Federal Republic of the other part 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the proposal from the Commission, 
WHEREAS an interim agreement on trade and trade related matters between 
the European Economic Community and the European Coal and Steel 
Community of the one part and the Czech and Slovak Federal Republic 
of the other part ("the Agreement") was signed in Brussels on 16 
December 1991 ; 
WHEREAS, it is necessary to lay down the modalities for the 
implementation of certain provisions of the Agreement; 
WHEREAS, this Regulation lays down the specific provisions concerning 
the general rules set out in Council Regulation (EEC) N° 288/82 of 5 
February 1982 on common rules for imports1), as last amended by 
Regulation (EEO2727/90 of 26 September 1990 2) and in Council 
Regulation (EEC) 2423/88 of 11 July 1988 on protection against dumped 
or subsidized imports from countries not members of the European 
Economic Community3^ where the Agreement makes this necessary, 
WHEREAS account should be taken of the undertakings set out in the 
Agreement when examining whether a safeguard measure should be 
introduced, 
WHEREAS, the procedures concerning safeguard clauses provided for in 
the Treaty establishing the European Economic Community; 
1) O.J. L 35, 9.2.1982, p.1 
2) O.J. L 262 of 26 September 1990, P. 11 
3) O..I. N° l 209, 2.8.88. D.18 
*> 
WHEREAS, specific provisions have been adopted concerning safeguard 
measures to be applied to textile products referred to in Protocol 1 of 
the Agreement; 
WHEREAS, specific procedures have to be introduced for the application 
of safeguard measures in the agricultural sectors; 
Title I : Agricultural products 
Art icle 1. 
Provisions for the implementation of Article 14 paragraph 2 and 4 of 
the Agreement concerning agricultural products coming under Annex II of 
the Treaty and subject in the framework of a common market 
organization to a regime of levies and concerning products falling 
within NC code 0711.50 and 2003.1010 are adopted in accordance with 
Article 26 of Regulation (CEE) N° 2727/75 of 9 October 19755>or in 
accordance with the corresponding provisions of other regulations 
establishing a common organization of the agricultural markets. These 
provisions may provide for the introduction of import certificates in 
those sectors in which such certificates are not provided for by the 
common organisation of agricultural markets. 
Title II: Protective measures 
Article 2 
The Council may, in accordance with the procedure provided for in 
Article 113 of the Treaty, decide to make a reference to the Joint 
Committee established by the Agreement concerning the measures provided 
for in Articles 22 and 44, paragraph 2. Where necessary, the Council 
shall adopt these measures in accordance with the same procedure. 
The Commission may submit the necessary proposals to this end on its 
own initiative or at the request of a Member State. 
Article 3 
5) J..0»U..?81 of 1 november,1975 
-«H 
1. In the case of a practice that may justify application by the 
Community of the measures provided for in Article 33 of the Agreement, 
the commission, after examining the case on its own initiative or at 
the request of a Member State, shall decide whether such practice is 
compatible with the Agreement. Where necessary it shall propose the 
adoption of safeguard measures to the Council, which shall act in 
accordance with the procedure laid down in Article 113 of the Treaty, 
except in the case of public aids, to which regulation (EEC) N° 2423/88 
applies which latter measures shall be taken according to the 
procedures laid down in that regulation. 
2. In the case of a practice that may cause safeguard measures to be 
applied to the Community on the basis of Article 33 of the Agreement, 
the Commission, after examining the case, shall decide whether the 
practice is compatible with the principles set out in the Agreement. 
Where necessary, it shall take appropriate decisions. 
Art icle 4 
In the case of dumping, liable to warrant the application by the 
Community of the measures provided for in Article 23 of the Agreement, 
the introduction of anti-dumping measures shall be decided upon in 
accordance with the provisions laid down in Regulation (EEC) N°2423/88 
and the procedure provided for in Articles 27 paragraph 2 and 27 
paragraph 3 (b) or (d). 
Article 5 
1. Where a Member State requests the Commission to apply safeguard 
measures as provided for in Articles 24 or 25 of the Agreement, it 
shall provide the Commission with the information needed to justify 
it's request to apply safeguard measures. 
If the Commission decides not to apply them, the Commission shall 
inform the Council and the Member States accordingly within five 
working days of receipt of the request from the Member State. 
Any Member State may refer this decision of the Commission to the 
Council within 10 working days of its notification. 
fr 
If the Council, acting by a qualified majority, indicates it's 
intention to adopt a different decision, the Commission shall inform 
the Czech and Slovak Federal Republic and shall notify the opening of 
the consultations within the Mixed Commission as provided for in 
Article 27, paragraphs 2 and 3 of the Agreement. 
The Council, acting at a qualified majority, may take such a different 
decision within 20 working days after the conclusion of the 
consultations with Czechoslovakia within that commission. 
2. The Commission shall be assisted by a committee composed of 
representatives of the Member States and chaired by a representative of 
the Commission ("the Committee"). 
The committee shall meet when convened by its chairman. The latter 
shall communicate any appropriate information to the member States 
without delay. 
3. Where the Commission, at the request of a Member State or on its 
own initiative, decides that the safeguard measures provided for in 
Articles 24 or 25 of the Agreement should be applied: 
it shall inform the Member State forthwith or, if it is 
responding to a Member State's request, within five working 
days of the date of receipt of that request, 
it shall consult the committee, (hereinafter referred to as "the 
commi ttee"), 
at the same time it shall inform the Czech and Slovak Federal 
Republic and notify the Joint Committee of the opening of 
consultations as referred to in Article 27 paragraphs 2 and 3 of 
the Agreement, 
at the same time it shall provide the Joint Committee with all 
the information necessary for these consultations. 
4. In any event, the consultations within the Joint Committee shall 
be deemed to be completed 30 days after the notification referred to in 
the fourth subparagraph of paragraph 1 and in paragraph 3. 
% 
At the end of the consultations or on expiry of the period of 30 days, 
and if no other arrangement proves possible, the Commission, after 
consulting the committee may take appropriate measures to implement 
articles 24 and 25 of the Agreement. 
5. The decision referred to in paragraph 4 shall be notified 
forthwith to the Council, the Member States and the Czech and Slovak 
Federal Republic. It shall also be notified to the Joint Committee. 
It shall be immediately applicable. 
6. Any Member State may refer the Commission decision referred to in 
paragraph 4 to the Council within 10 working days of receiving 
notification of the decision. 
7. If the Commission has not taken a decision within 10 working days 
following the end of the consultations with the Joint Committee or, as 
the case may be, the end of the period of 30 days, any Member State 
which has referred the matter to the Commission in accordance with 
paragraph 3 may refer it to the Council. 
8. In the cases referred to in paragraphs 6 and 7 respectively the 
Council, acting by a qualified majority, may adopt a different decision 
within 20 working days. 
Article 6 
1. Where exceptional circumstances arise within the meaning of 
article 27 paragraph 3 (d) of the Agreement, the Commission may take 
immediate safeguard measures in the cases referred to in articles 24 
and 25 of the Agreement. 
2. If the Commission receives a request from a Member State it shall 
take a decision thereon within five working days following receipt of 
the request. 
It shall notify the Council and the Member States of its decision. 
3. Any Member State may refer the Commission's decision to the 
Council in accordance with the procedure provided for in article 5 
paragraph 6 of this regulation. 
-à\ 
The procedure set out in Article 5 paragraphs 6 to 8 shall be 
applicable. 
If the Commission has not taken a decision within the time limit 
mentioned in paragraph 2, any member State which has referred the 
matter to the Commission may refer it to the Council in accordance with 
the procedure laid down in the preceding subparagraphs. 
Article 7 
The procedures laid down in articles 5 and 6 shall not apply to 
products referred to in Protocol 1 ( on textile and clothing products) 
of the Agreement. 
Art icle 8 
1. By derogation to Articles 5 and 6, if the circumstances demand 
that measures are taken concerning agricultural products on the basis 
of Articles 15 and 24 of the Agreement or on the basis of provisions in 
the Annexes covering these products, such measures shall be taken 
according to procedures laid down in the regulations establishing a 
common organization of the agricultural markets, or in specific 
provisions adopted under Article 235 of the Treaty and applicable to 
products resulting from the processing of agricultural products, 
provided that the conditions established under Articles 15 or 27, 
paragraph 2 and 3 of the Agreement are met. 
Art icle 9 
Notification to the Joint Committee by the Community as required by 
the Agreement shall be the responsibility of the Commission. 
Article 10 
The provisions of this regulation do not preclude the application of 
safeguard measures provided for in the Treaty establishing the European 
Economic Community, in particular Articles 108 and 109, according to 
the procedures laid down therefore. 
Article 11 
This Regulation shall enter into force on 1992. 
This Regulation shall be binding in its entirety and directly 
applicable in all Member states. 
Done at Brussels, 
For the CounciI, 
The President, 
$ 
Draft joint declaration 
The Council and the Commission declare that it is advisable in the 
context of the completion of the Single market on 1.1.1993 to confer on 
the Commission the powers for execution as far as the commercial 
concessions granted by the international agreements concluded by the 
Community are concerned. To this end the Council invites the Commission 
to submit the necessary proposals as soon as possible. 
ISSN 0254-1475 
COM(92) 62 final 
DOCUMENTS 
EN 11 
Catalogue number : CB-CO-92-070-EN-C 
ISBN 92-77-41481-2 
Office for Official Publications of the European Communities 
L-2985 Luxembourg