COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(94) 657 final 
Brussels, 13.12.1994 
94/ 0317(ACC) 
94/ 0318(ACC) 
Proposal for a 
COUNCIL REGULATION (EC) 94/ 0317(ACC) 
on certain procedures for applying the Europe Agreement 
establishing an association between the European Communities 
and their Member States, of the one part, 
and the Romania, of the other part 
Proposal for a 
COUNCIL REGULATION (EC) 
on certain procedures for applying the Europe Agreement 
establishing an association between the European Communities 
and their Member States, of the one part, 
and the Republic of Bulgaria, of the other part 94/ 0318(ACC) 
(presented by the Comalssion) 

EXPLANATORY MEMORANDUM 
The Community signed Europe Agreements with Romania and Bulgaria on 1 February 
1993 and 8 March 1993 respectively. 
The proposed Regulations introduce the modalities for the application of certain 
safeguard measures and measures of commercial protection contained in these 
Agreements and provide a legal basis enabling the Commission to implement the 
provisions of these Agreements concerning agricultural products. 
The objective of the proposed implementing Regulations is the introduction of specific 
rules to the general provisions concerning the Community's import regime (including the 
provisions establishing protection against subsidies and dumping practices in relation to 
imports from third countries) in order to respect the obligations undertaken in the 
Agreements. 
Similar Regulations have been adopted for the implementation of such measures under 
the Interim and Europe Agreements concluded with Poland and Hungary. 
To allow the Europe Agreements with Romania and Bulgaria to enter into force on 
February 1, 1995, a Council and Commission Decision on the conclusion of these 
Agreements has to be adopted in December 1994. Also the proposed implementing 
regulations must be adopted before the entry into force of the Agreements. Certain 
Member States insist that the Conclusion Decision should be accompanied by these 
implementing regulations. 
The Commission therefore requests the Council to adopt the proposed Regulations in 
view of the entry into force of the Europe Agreements with Romania and Bulgaria 
anticipated for February 1, 1995. 
L 
COUNCIL REGULATION (EC) Nr... 
Of... 94/ 0317 (ACC) 
on certain procedures for applying the Europe Agreement 
establishing an association between the European Communities 
and their Member States, of the one part, 
and the Romania, of the other part 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas a Europe Agreement establishing an association between the European 
Communities and their Member States, of the one part, and the Romania, of the other 
part, hereinafter referred to as 'the Agreement', was signed in Brussels on 1 February 
1993; 
Whereas pending the entry into force of the Europe Agreement, its provisions on trade 
and trade-related matters have been given effect since 1 May 1993 by 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 
Romania, of the other part, signed in Brussels on 1 February 19931; 
Whereas pursuant to the conclusions of the Copenhagen European Council on 21 and 22 
June 1993 regarding new trade concessions for the Central and Eastern European 
countries, an Additional Protocol to the Interim Agreement was concluded on 20 
December 19932 by the European Community and the European Coal and Steel 
Community, of the one part, and Romania, of the other part; 
Whereas it is necessary to lay down the procedures for applying certain provisions of the 
Agreement; 
Whereas, with regard to trade protection measures, it is appropriate, where the provisions 
of the Agreement render it necessary, to lay down specific provisions concerning the 
general rules provided for in particular in Council Regulation (EC) Nr 518/94 of 7 March 
1994 on common rules for imports3 and in Council Regulation (EC) Nr 521/94 of 7 
March 1994 on protection against dumped or subsidised imports from countries not 
members of the European Community4; 
Whereas account should be taken of the undertakings set out in the Agreement when 
examining whether a safeguard measure should be introduced; 
1 OJNrL 81, 2.04.1993, p. 2 
2 OJNrL 25, 29.01.1994, p.21 
3 OJ NrL 67, 10.03.1994, p.77 
4 OJ NrL 66, 10.03.1994, p.7 
% 
Whereas the procedures concerning safeguard clauses provided for in the Treaty 
establishing the European Community are also applicable; 
Whereas specific provisions have been adopted for safeguard measures concerning the 
textile products covered by Protocol 1 of the Agreement; 
Whereas certain special procedures should be introduced for the application of safeguard 
measures in the agricultural sectors, 
HAS ADOPTED THIS REGULATION: 
TITLE I 
Agricultural products 
Article J 
Provisions for the application of Article 21(2) and (4) of the Agreement concerning 
agricultural products falling within Annex II of the Treaty and subject in the framework 
of the common market organization to a regime of levies, and concerning products falling 
within CN codes 07119050 and 20031010, shall be adopted in accordance with the 
procedure provided for in Article 23 of Regulation (EC) Nr 1766/925 or in the 
corresponding provisions of other regulations establishing a common organization of the 
agricultural markets. These provisions may provide for the introduction of a system of 
import certificates in those sectors in which such certificates are not provided for by the 
common organization of agricultural markets. 
TITLE II 
Protective measures 
Article 2 
The Council may, in accordance with the procedures provided for in Article 113 of the 
Treaty, decide to refer to the Association Council established by the Agreement with 
regard to the measures provided for in Articles 29 and 119(2) of the Agreement. Where 
necessary, the Council shall adopt these measures in accordance with the same procedure. 
The Commission may, on its own initiative or at the request of a Member State, present 
the necessary proposals to this end. 
Article 3 
l.In the case of a practice that may justify application by the Community of the measures 
provided for in Article 64 of the Agreement, the Commission, after examining the case, 
OJNrL181, 1.07.1992, p.21 
h 
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 cases of aid to which 
Regulation (EC) Nr 521/94 applies, when measures shall be taken according to the 
procedures laid down in that Regulation. Measures shall be taken only under the 
conditions set out in Article 64(6) of the Agreement. 
2.1n the case of a practice that may cause measures to be applied to the Community by 
Romania on the basis of Article 64 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 on the basis of the 
criteria which result from the application of Articles 85, 86 and 92 of the Treaty. 
Article 4 
In the case of a practice which is liable to warrant the application, by the Community, of 
the measures provided for in Article 30 of the Agreement, the introduction of 
anti-dumping measures shall be decided upon in accordance with the provisions laid 
down in Regulation (EC) Nr 521/94 and the procedure provided for in Article 34(2) and 
(3)(b) or (d) of the Agreement. 
Article 5 
1.Where a Member State requests the Commission to apply safeguard measures as 
provided for in Articles 31 or 32 of the Agreement, it shall provide the Commission, in 
support of its request, with the information needed to justify it. If the Commission 
decides not to apply safeguard measures, it 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 ten 
working days of its notification. 
If the Council, acting by the qualified majority, indicates its intention to adopt a different 
decision, the Commission shall inform Romania thereof forthwith and shall notify it of 
the opening of the consultations within the Association Council as provided for in Article 
34(2) and (3) of the Agreement. 
The Council, acting by a qualified majority, may take a different decision within twenty 
working days of the conclusion of the consultations with Romania within the Association 
Council. 
2.The Commission shall be assisted by the committee established by Reg (EC)3491/936 
(hereinafter referred to as 'the Committee1). 
OJNr319,21.12.1993,p.l 
C 
The Committee shall meet when convened by its chairman. The latter shall communicate 
any appropriate information to the Member States at the earliest opportunity. 
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 31 or 32 of the Agreement 
should be applied: 
-it shall inform the Member States forthwith if acting on its own initiative 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 Romania and notify the Association Council of the 
opening of consultations as referred to in Article 34(2)and (3) of the Agreement, 
-at the same time it shall provide the Association Council with all the information 
necessary for these consultations. 
4.In any event, the consultations within the Association Council shall be deemed to be 
completed thirty days after the notification referred to in the fourth sub paragraph of 
paragraph 1 and in paragraph 3. 
At the end of the consultations or on expiry of the period of thirty days, and if no other 
arrangement proves possible, the Commission, after consulting the Committee, may take 
appropriate measures to implement Articles 31 and 32 of the Agreement. 
5.The decision referred to in paragraph 4 shall be notified forthwith to the Council, the 
Member States and Romania; it shall also be notified to the Association Council. 
The decision shall be immediately applicable. 
6.Any Member State may refer the Commission decision referred to in paragraph 4 to the 
Council within ten working days of receiving notification of the decision. 
7.If the Commission has not taken a decision within the meaning of the second 
subparagraph of paragraph 4 within ten working days of the end of the consultations with 
the Association Council or, as the case may be, the end of the period of thirty 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 two months. 
Article 6 
1.Where exceptional circumstances arise within the meaning of Article 34(3)(d) of the 
Agreement, the Commission may take immediate safeguard measures in the cases 
referred to in Articles 31 and 32 of the Agreement. 
2.1f the Commission receives a request from a Member State, it shall take a decision 
thereon within five working days of receipt of the request. 
The Commission 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(6). 
The procedure set out in Article 5(7) and (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 procedures laid down in the first and second 
subparagraphs of this paragraph. 
Article 7 
The procedures laid down in Articles 5 and 6 shall not apply to products covered by 
Protocol 1 of the Agreement. 
Article 8 
By way of derogation from Articles 5 and 6, if the circumstances demand that measures 
are taken concerning agricultural products on the basis of Articles 22 or 31 of the 
Agreement or on the basis of provisions in the Annexes covering these products, such 
measures shall be taken according to procedures provided for by the rules 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 Article 22 or Article 
34(2) and (3) of the Agreement are met. 
Article 9 
Notification to the Association Council as required by the Agreement shall be the 
responsibility of the Commission, acting on behalf of the Community. 
Article 10 
This Regulation does not preclude the application of safeguard measures provided for in 
the Treaty establishing the European Community, in particular in Articles 109h and 109i, 
according to the procedures laid down therein. 
Article 11 
This Regulation shall enter into force on the day following that of its publication in the 
Official Journal of the European Communities. 
It shall apply from the entry into force of the Europe Agreement. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 
% 
COUNCIL REGULATION (EC) Nr... 
Of... 94' 0318(ACC) 
on certain procedures for applying the Europe Agreement 
establishing an association between the European Communities 
and their Member States, of the one part, 
and the Republic of Bulgaria, of the other part 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 113 thereof, 
Having regard to the proposal from the Commission, 
Whereas a Europe Agreement establishing an association between the European 
Communities and their Member States, of the one part, and the Republic of Bulgaria, of 
the other part, hereinafter referred to as 'the Agreement', was signed in Brussels on 8 
March 1993; 
Whereas pending the entry into force of the Europe Agreement, its provisions on trade 
and trade-related matters have been given effect since 31 December 1993 by 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 Bulgaria, of the other part, signed in Brussels on 8 March 19931; 
Whereas pursuant to the conclusions of the Copenhagen European Council on 21 and 22 
June 1993 regarding new trade concessions for the Central and Eastern European 
countries, an Additional Protocol to the Interim Agreement was concluded on 20 
December 19932 by the European Community and the European Coal and Steel 
Community, of the one part, and Republic of Bulgaria, of the other part; 
Whereas it is necessary to lay down the procedures for applying certain provisions of the 
Agreement; 
Whereas, with regard to trade protection measures, it is appropriate, where the provisions 
of the Agreement render it necessary, to lay down specific provisions concerning the 
general rules provided for in particular in Council Regulation (EC) Nr 518/94 of 7 March 
1994 on common rules for imports3 and in Council Regulation (EC) Nr 521/94 of 7 
March 1994 on protection against dumped or subsidised imports from countries not 
members of the European Community4; 
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 Community are also applicable; 
1 OJNrL 81, 2.04.1993, p. 2 
2 OJ NrL 25, 29.01.1994, p.26 
3 OJ NrL 67, 10.03.1994, p.77 
4 OJ NrL 66, 10.03.1994, p.7 
Whereas specific provisions have been adopted for safeguard measures concerning the 
textile products covered by Protocol 1 of the Agreement; 
Whereas certain special procedures should be introduced for the application of safeguard 
measures in the agricultural sectors, 
HAS ADOPTED THIS REGULATION: 
TITLE I 
Agricultural products 
Article 1 
Provisions for the application of Article 21(2) and (4) of the Agreement concerning 
agricultural products falling within Annex II of the Treaty and subject in the framework 
of the common market organization to a regime of levies, and concerning products falling 
within CN codes 07119050 and 20031010, shall be adopted in accordance with the 
procedure provided for in Article 23 of Regulation (EC) Nr 1766/925 or in the 
corresponding provisions of other regulations establishing a common organization of the 
agricultural markets. These provisions may provide for the introduction of a system of 
import certificates in those sectors in which such certificates are not provided for by the 
common organization of agricultural markets. 
TITLE II 
Protective measures 
Article 2 
The Council may, in accordance with the procedures provided for in Article 113 of the 
Treaty, decide to refer to the Association Council established by the Agreement with 
regard to the measures provided for in Articles 29 and 118(2) of the Agreement. Where 
necessary, the Council shall adopt these measures in accordance with the same procedure. 
The Commission may, on its own initiative or at the request of a Member State, present 
the necessary proposals to this end. 
Article 3 
1 .In the case of a practice that may justify application by the Community of the measures 
provided for in Article 64 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 
OJNrL181, 1.07.1992, p.21 
2 
procedure laid down in Article 113 of the Treaty, except in the cases of aid to which 
Regulation (EC) Nr 521/94 applies, when measures shall be taken according to the 
procedures laid down in that Regulation. Measures shall be taken only under the 
conditions set out in Article 64(6) of the Agreement. 
2.In the case of a practice that may cause measures to be applied to the Community by 
Bulgaria on the basis of Article 64 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 on the basis of the 
criteria which result from the application of Articles 85, 86 and 92 of the Treaty. 
Article 4 
In the case of a practice which is liable to warrant the application, by the Community, of 
the measures provided for in Article 30 of the Agreement, the introduction of 
anti-dumping measures shall be decided upon in accordance with the provisions laid 
down in Regulation (EC) Nr 521/94 and the procedure provided for in Article 34(2) and 
(3)(b) or (d) of the Agreement. 
Article 5 
1. Where a Member State requests the Commission to apply safeguard measures as 
provided for in Articles 31 or 32 of the Agreement, it shall provide the Commission, in 
support of its request, with the information needed to justify it. If the Commission 
decides not to apply safeguard measures, it 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 ten 
working days of its notification. 
If the Council, acting by the qualified majority, indicates its intention to adopt a different 
decision, the Commission shall inform Bulgaria thereof forthwith and shall notify it of 
the opening of the consultations within the Association Council as provided for in Article 
34(2) and (3) of the Agreement. 
The Council, acting by a qualified majority, may take a different decision within twenty 
working days of the conclusion of the consultations with Bulgaria within the Association 
Council. 
2.The Commission shall be assisted by the committee established by Reg (EQ3491/936 
(hereinafter referred to as 'the Committee'). 
The Committee shall meet when convened by its chairman. The latter shall communicate 
any appropriate information to the Member States at the earliest opportunity. 
OJNr319,21.121.1993,p.l 
3 
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 31 or 32 of the Agreement 
should be applied: 
-it shall inform the Member States forthwith if acting on its own initiative 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 Bulgaria_and notify the Association Council of the 
opening of consultations as referred to in Article 34(2)and (3) of the Agreement, 
-at the same time it shall provide the Association Council with all the information 
necessary for these consultations. 
4.In any event, the consultations within the Association Council shall be deemed to be 
completed thirty days after the notification referred to in the fourth sub paragraph of 
paragraph 1 and in paragraph 3. 
At the end of the consultations or on expiry of the period of thirty days, and if no other 
arrangement proves possible, the Commission, after consulting the Committee, may take 
appropriate measures to implement Articles 31 and 32 of the Agreement. 
5.The decision referred to in paragraph 4 shall be notified forthwith to the Council, the 
Member States and Bulgaria; it shall also be notified to the Association Council. 
The decision shall be immediately applicable. 
6.Any Member State may refer the Commission decision referred to in paragraph 4 to the 
Council within ten working days of receiving notification of the decision. 
7.If the Commission has not taken a decision within the meaning of the second 
subparagraph of paragraph 4 within ten working days of the end of the consultations with 
the Association Council or, as the case may be, the end of the period of thirty 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 two months. 
Article 6 
1 .Where exceptional circumstances arise within the meaning of Article 34(3)(d) of the 
Agreement, the Commission may take immediate safeguard measures in the cases 
referred to in Articles 31 and 32 of the Agreement. 
2.If the Commission receives a request from a Member State, it shall take a decision 
thereon within five working days of receipt of the request. 
The Commission 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(6). 
The procedure set out in Article 5(7) and (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 procedures laid down in the first and second 
subparagraphs of this paragraph. 
Article 7 
The procedures laid down in Articles 5 and 6 shall not apply to products covered by 
Protocol 1 of the Agreement. 
Article 8 
By way of derogation from Articles 5 and 6, if the circumstances demand that measures 
are taken concerning agricultural products on the basis of Articles 22 or 31 of the 
Agreement or on the basis of provisions in the Annexes covering these products, such 
measures shall be taken according to procedures provided for by the rules 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 Article 22 or Article 
34(2) and (3) of the Agreement are met. 
Article 9 
Notification to the Association Council as required by the Agreement shall be the 
responsibility of the Commission, acting on behalf of the Community. 
Article 10 
This Regulation does not preclude the application of safeguard measures provided for in 
the Treaty establishing the European Community, in particular in Articles 109h and 109i, 
according to the procedures laid down therein. 
Article 11 
This Regulation shall enter into force on the day following that of its publication in the 
Official Journal of the European Communities. 
It shall apply from the entry into force of the Europe Agreement. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, 
For the Council 
The President 

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COM (94) 657 final 
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