COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(94) 680 final 
Brussels, 16.12.1994 
94/0330 (ACC) 94/0331 (ACC) 
Proposal for a 94/0330 (ACC) 
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 Czech Republic, of the other part 
Proposal for a 
COUNCIL REGULATION (EC) 94/0331 (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 Slovak Republic, of the other part 
(presented by the Commission) 
COMMUNICATION FROM THE COMMISSION 
Request for Council assent and consultation of the ECSC committee, 
pursuant to Article 95 of the ECSC Treaty, concerning a draft 
COMMISSION DECISION 
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 Czech Republic, of the other part 
COMMISSION DECISION 
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 Slovak Republic, of the other part 
COMMISSION DECISION 
on certain procedures for applying the Agreement on free trade and trade-related matters between the 
European Community, the European Atomic Energy Community and the European Coal and Steel 
Community of the one part, and the Republic of Estonia, of the other part, 
COMMISSION DECISION 
on certain procedures for applying the Agreement on free trade and trade-related matters between the 
European Community, the European Atomic Energy Community and the European Coal and Steel 
Community of the one part, and the Republic of Latvia, of the other part, 
COMMISSION DECISION 
on certain procedures for applying the Agreement on free trade and trade-related matters between the 
European Community, the European Atomic Energy Community and the European Coal and Steel 
Community of the one part, and the Republic of Lithuania, of the other part, 
COMMISSION DECISION 
on certain procedures for applying the Europe Agreement 
establishing an association between the European Communities 
and their Member States, of the one part, 
and die Republic of Bulgaria, of the other part 
COMMISSION DECISION 
on certain procedures for applying the Europe Agreement 
establishing an association between the European Communities 
and their Member States, of the one part, 
and Romania, of the other part 

EXPLANATORY MEMORANDUM 
Europe Agreements between the European Communities and their Member States 
and the Czech and Slovak Republics respectively. 
- Proposal for EC Regulations introducing the modalities for the application of certain 
safeguard- and trade protection measures contained in the Europe Agreements. 
- Request for unanimous assent to the proposed Commission Decisions on ECSC aspects 
The Community and its Member States signed on December 16, 1991 the Europe 
Agreement with the Czech and Slovak Federal Republic (CSFR). To allow its trade 
provisions to enter into force as soon as possible, the parties signed an Interim Agreement 
on trade and trade related matters on the same day. This Agreement entered into force on 
March 1, 1992. To implement certain safeguard measures and measures of trade 
protection provided for in the Interim Agreement the Council has adopted EEC 
Regulation n° 520/921. With regard to the ECSC aspects, the Commission Decision N° 
524/922 provided for the implementing measures of the Interim Agreement. 
In view of the dissolution of the CSFR as of 1 January 1993 the Czech and the Slovak 
Republics respectively and the European Communities signed on December 21, 1993 a 
Supplementary Protocol to the Interim Agreement between the EC and the CSFR by 
which the Parties agree to continue to apply the Interim Agreement with regard to the 
Czech and the Slovak Republics respectively as of 1/1/93, with certain modifications to 
tariff quotas and ceilings. 
Also in view of the dissolution of the CSFR as of 1 January 1993 the European 
Communities and its Member States had to negotiate separate Europe Agreements with 
the Czech and the Slovak Republics to replace the Europe Agreement signed with the 
CSFR on 16 December 1991. These Agreements were signed on October 4, 1993. 
4. The modalities of application of the provisions of the Europe Agreements 
concerning certain safeguard- and of trade protection measures must be laid down by 
similar regulations as those applied for such measures in the Interim Agreement. The 
annexed proposals submitted to the Council aim at establishing these modalities. 
With a view to the anticipated entry into force of the two Europe Agreements with the 
Czech and the Slovak Republics by no later than 1 February 1995, the Commission 
requests the Council as a matter of urgency to : 
- adopt the proposed Regulations 
- give its unanimous assent to the draft Commission Decisions on ECSC aspects (the 
ECSC Committee is being simultaneously consulted and is expected to give an answer 
on 16 December 1994). 
'OIL 56/29.02.93 p. 9 
2OJNrL56/41,29.02.92 
94/0330 (ACC) COUNCIL REGULATION (EC) N° 
of o 
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 Czech Republic, of the other part 
THE COUNCIL OF THE EUROPEAN 
UNION, 
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 Czech and Slovak Federal Republic (CSFR), 
of the other part, was signed in Brussels on 16 
December 1991; 
Whereas pending the entry into force of the 
Europe Agreement, its provisions on trade and 
trade-ielated matters have been given effect 
since 1 March 1992 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 CSFR, of the other part 1, 
signed in Brussels on 16 December 1991; 
Whereas Council Regulation (EEC) N° 
520/922, provides for the implementation of the 
said Interim Agreement; 
Whereas a separate Europe Agreement with the 
Czech Republic was signed in Luxembourg on 
4 October 1993, as a consequence of the 
dissolution of the CSFR on 31 December 1992; 
Whereas puisuant to the conclusions of the 
Copenhagen European Council on 21 and 22 
June 1993 the Interim Agreement was amended 
by an Additional Protocol signed on 22 
December 1993 in order to increase and 
accelerate the granting of certain Community 
concessions; 
Whereas a Supplementary Protocol to the 
Interim Agreement was signed with the Czech 
Republic on 21 December 1993 in order to 
adapt this Agreement to the dissolution of the 
CSFR and the subsequent succession thereto by 
the Czech Republic; 
»OJn°L 115,30.04.1992 
2OJn°L 56, 29.2.1992 Whereas it is necessary to lay down the 
procedures for applying various provisions of 
the Europe Agreement, incorporating the same 
provisions as those of regulation (EEC) N° 
520/92; 
Whereas, with regard to trade protection 
measures, it is appropriate, where the provisions 
of the Europe Agreement render it necessary, to 
lay down specific provisions concerning the 
general rules provided for in particular in 
Council Regulation (EC) N° 518/94 of 7 March 
1994 on common rules for imports3 and in 
Council Regulation (EEC) n" 2423/88 of II 
July 1988 on protection against dumped or 
subsidized imports from countries not members 
oft he European Economic Community4; 
Whereas account should be taken of the 
undertakings set out in the Europe 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; 
Whereas specific provisions have been adopted 
for safeguard measures concerning the textile 
products covered by the additional Protocol to 
the Europe Agreement; 
Whereas certain special procedures shouid be 
introduced for the application of safeguard 
measures in the agricultural sectors; 
HAS ADOPTED THIS REGULATION 
TITLE I 
Agricultural products 
3OJN°L67, 10.03.94 
4OJ N° L 209, 2.8.1988, p I, Regulation last 
amended by Regulation (EC) N° 522/94 (OJ N° 
L66, 10.03.94 p 10). 
Y 
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 or of import duties and concerning 
products falling within CN 
codes 0711 90 50 and 2003 10 10 shall be 
adopted in accordance with the procedure 
provided for in art. 23 of Regulation (EEC) 
1766/92 or in the corresponding provisions of 
other regulations establishing a common 
organization of the agricultural markets. Where 
the application of the Agreement calls for close 
cooperation with the Czech Republic, the 
Commission may take any measure necessary to 
ensure such cooperation. 
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 117(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 procedure laid down in 
Article 113 of the Treaty, except in the 
cases of aid to which Regulation (EEC) N° 
2423/88 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 the Czech Republic 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 
(EEC) N° 2423/88 and the procedures 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 a qualified 
majority, indicates its intention to adopt a 
different decision, the Commission shall 
inform the Czech Republic thereof forthwith 
and shall notify it of the opening of 
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 the Czech Republic 
within the Association Council. 
vT 
2. The Commission shall be assisted by the 
Committee established by Regulation N. 
3491/93 5. 
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, on its own 
initiative or at the request of a Member 
State, 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 the Czech 
Republic 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 subparagraph 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. 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 referred to in that paragraph, 
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. 
5. The decision referred to in paragraph 4 
shall be notified forthwith to the Council, 
the Member States and the Czech Republic; 
it shall also be notified to the Association 
Council. 
The decision shall be immediately applicable. If the Commission has not taken a decisio: 
within t he 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 
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. The procedures laid down in Articles 5 and 6 
shall not apply to products covered by Protocol 
1 of the Agreement. 
5OJn. L319, 21.12.1993, p. I 
e 
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, in particular in Articles 108 and 
109, according to the procedures laid down 
therein. 
Article J J 
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 date of entry into force 
of the Agreement6. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels 
For the Council 
The President 
6not later than 1 February 1995 
% 
COUNCIL REGULATION (EC) N° 
of 94/0331 (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 Slovak Republic, of the other part 
THE COUNCIL OF THE EUROPEAN 
UNION, 
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 Czech and Slovak Federal Republic (CSFR), 
of the other part, was signed in Brussels on 16 
December 1991; 
Whereas pending the entry into force of the 
Europe Agreement, its provisions on trade and 
trade-related matters have been given effect 
since 1 March 1992 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 CSFR, of the other part ', 
signed in Brussels on 16 December 1991; 
Whereas Council Regulation (EEC) N° 
520/922, provides for the implementation of the 
said Interim Agreement; 
Whereas a separate Europe Agreement with the 
Slovak Republic was signed in Luxembourg on 
4 October 1993, as a consequence of the 
dissolution of the CSFR on 31 December 1992; 
Whereas pursuant to the conclusions of the 
Copenhagen Council on 21 and 22 June 1993 
the Interim Agreement was amended by an 
Additional Protocol signed on 22 December 
1993 in order to increase and accelerate the 
granting of certain Community concessions; 
Whereas a Supplementary Protocol to the 
Interim Agreement was signed with the Slovak 
Republic on 21 December 1993 in order to 
adapt this Agreement to the dissolution of the 
CSFR and the subsequent succession thereto by 
the Slovak Republic; Whereas it is necessary to lay down the 
procedures for applying various provisions of 
the Europe Agreement, incorporating the same 
provisions as those of regulation (EEC) N° 
520/92; 
Whereas, with regard to trade protection 
measures, it is appropriate, where the provisions 
of the Europe Agreement render it necessary, to 
lay down specific provisions concerning the 
general rules provided for in particular in 
Council Regulation (EC) N° 518/94 of 7 March 
1994 on common rules for imports3 and in 
Council Regulation (EEC) n° 2423/88 of II 
July 1988 on protection against dumped or 
subsidized imports from countries not members 
oft he European Economic Community4; 
Whereas account should be taken of the 
undertakings set out in the Europe 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; 
Whereas specific provisions have been adopted 
for safeguard measures concerning the textile 
products covered by the additional Protocol to 
the Europe 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 
'OJn°L 115,30.04.1992 
2OJn°L 56, 29.2.1992 3OJN°L67, 10.03.94 
4OJ N° L 209, 2.8.1988, p 1, Regulation last 
amended by Regulation (EC) N° 522/94 (OJ Nc 
L66, 10.03.94 p 10). 
8 
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 or of import duties and concerning 
products falling within CN 
codes 0711 90 50 and 2003 10 10 shall be 
adopted in accordance with the procedure 
provided for in art. 23 of Regulation (EEC) 
1766/92 or in the corresponding provisions of 
other regulations establishing a common 
organization of the agricultural markets. Where 
the application of the Agreement calls for close 
cooperation with the Slovak Republic, the 
Commission may take any measure necessary to 
ensure such cooperation. 
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 117(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 procedure laid down in 
Article 113 of the Treaty, except in the 
cases of aid to which Regulation (EEC) N° 
2423/88 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 the Slovak Republic 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 
(EEC) N° 2423/88 and the procedures 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 a qualified 
majority, indicates its intention to adopt a 
different decision, the Commission shall 
inform the Slovak Republic thereof 
forthwith and shall notify it of the opening 
of 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 the Slovak Republic 
within the Association Council. 
3 
2. The Commission shall be assisted by the 
Committee established by Regulation N. 
3491/93 5. 
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, on its own 
initiative or at the request of a Member 
State, 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 the Slovak 
Republic 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 subparagraph 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 the Slovak 
Republic; it shall also be notified to the 
Association Council. 
The decision shall be immediately applicable. 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 referred to in that paragraph, 
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 t he 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 
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. The procedures laid down in Articles 5 and 6 
shall not apply to products covered by Protocol 
1 of the Agreement. 
5OJn.L319, 21.12.1993, p. I 
Ao 
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, in particular in Articles 108 and 
109, 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 date of entry into force 
of the Agreement6. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels 
For the Council 
The President 
6not later than 1 February 1995 
1S\ 
COMMISSION DECISION N° .../ECSC 
of 
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 Czech Republic, of the other part 
. THE COMMISSION OF THE EUROPEAN f 
COMMUNITIES. 
Having regard to the Treaty establishing the 
European Coal and Steel Community, and in 
particular Article 74 and the first sub-paragraph 
article 95 thereof, 
Whereas a Europe Agreement establishing an 
association between the European Communities 
and their member States, of the one part, and 
the Czech and Slovak Federal Republic (CSFR), 
of the other part, was signed in Brussels on 16 
December 1991; 
Whereas pending the entry into force of the 
Europe Agreement, its provisions on trade and 
trade-related matters have been given effect 
since l March 1992 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 CSFR, of the other part ', 
signed in Brussels on 16 December 1991; 
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 signed on 28 December 1993 by the 
European Economic Community and the 
European Coal and Steel Community of the one 
part, and the Czech Republic, of the other part2. 
Whereas Commission Decision n° 
524/92/ECSC3 lays down certain procedures for 
the implementation of the provisions contained 
in Protocol 2 of the Interim Agreement on 
ECSC products; 
Whereas a separate Europe Agreement with the 
Czech Republic was signed in Luxembourg on 
4 October 1993, as a consequence of the 
dissolution of the CSFR on 31 December 1992; adapt the Agreement to the dissolution of the 
CSFR and the subsequent succession thereto by 
the Czech Republic; 
Whereas it is necessary to lay down the 
procedures for applying various provisions of 
the Europe Agreement and in particular those 
contained in Protocol 2 on ECSC products by 
adopting provisions similar to those provided 
for in Decision n° 524/92; 
Whereas account should be taken of the 
undertakings set out in the Europe Agreement 
when examining whether a safeguard measure 
should be introduced; 
Whereas certain measures provided for in the 
Agreement go beyond the power of action 
provided for in the Treaty and it is therefore 
necessary in this case to refer to the provisions 
of article 95 after consultation with the 
consultative Committee and with the unanimous 
assent of the Council; 
HAS ADOPTED THIS DECISION 
TITLE I 
Article 1 
The Commission may, with the assent of the 
Council, decide to refer to the Association 
Council established by the Agreement with 
regard to the measures provided for in Articles 
29 and 115 (2) of the Agreement. Where 
necessary, the Commission shall adopt these 
measures in accordance with the same 
procedure. 
The Commission may take the decisions to this 
end on its own initiative or at the request of a 
Member State. 
Whereas a Supplementary Protocol to the 
Interim Agreement was signed with the Czech 
Republic on 21 December 1993 in order to 
'OJn0 LI 15, 30.04.1992 
2OJn°L25/l 2, 29.01.1994 
3OJn°L 56/41, 29.02.1992 
u 
Article 2 
1. In the case of a practice that may justify 
application by the Community of the 
measures provided for in Article 8 of 
Protocol 2 to 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, the Commission shall, 
with the assent of the Council, adopt 
safeguard measures, except in the case of 
public aids to which Decision n° 
2424/88/ECSC applies, when measures 
shall be taken according to the procedures 
laid down in that Decision. 
Such measures shall be taken under the 
conditions provided for in Article 8 of 
Protocol 2 to the Agreement. 
2. In the case of a practice that may cause 
safeguard measures to be applied to the 
Community by the Czech Republic on the 
basis of Article 8 of Protocol 2 to 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 laid 
down in Articles 65 and 66 of the ECSC 
Treaty and Article 85 of the Treaty 
establishing the European Community, and 
of the rules applicable to State aids, 
including secondary legislation. 
Article 3 
1. 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 
Decision n° 2424/88/ECSC and the 
procedure provided for in Article 34 (2) and 
(3) (b) or (d) of the Agreement. 
Article 4 
1. Where a Member State requests the 
Commission to apply safeguard measures 
as provided for in Article 31 or 32 of the 
Agreement, and 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. 
Member States shall provide the 
Commission with the information needed to 
justify their requests to apply safeguard 
measures. 
Any member State may refer the decisions 
of the Commission to the Council within 10 
working days of its notification. 
If the Council, acting by the qualified 
majority referred to in Article 28 (4) of the 
Treaty, indicates its intention to request a 
different decision, the Commission shall 
inform the Czech Republic 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 ask the Commission within one month 
of the conclusion of the consultations, with 
the Czech Republic within the Association 
Council, to adopt safeguard measures. 
2. Where the Commission, at the request of a 
Member State or on its own initiative, 
decides that the safeguard measures 
provided for in Article 31 or 32 of the 
Agreement should be applied : 
- it shall inform the Member States for 
thwith 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 mentioned 
in Article 4 (2) of Commission Decision n° 
264/94/ECSC (hereinafter referred to as 
"the committee"), 
- at the same time it shall inform the Czech 
Republic 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. 
3. In any event, the consultations within the 
Association Council shall be deemed to be 
completed 30 days after the notification 
referred to in the fourth subparagraph of 
paragraph 1 and paragraph 2. 
1J 
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 31 and 32 of the 
Agreement. 
4. The decision referred to in paragraph 3 
shall be notified forthwith to the Council, 
the Member States and the Czech Republic; 
it shall also be notified to the Association 
Council. 
It shall be immediately applicable. 
Any Member State may refer the 
Commission decision referred to in 
paragraph 3 to the Council within 10 
working days of receiving notification of 
the decision. 
If the Commission has not taken a decision 
within the meaning of the second 
subparagraph of paragraph 3 within 10 
working days of the end of the 
consultations with the Association Council 
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 2 may refer it to 
the Council. 
In the cases referred to in paragraph 5 the 
Council, acting by a qualified majority, 
may, within one month, ask the 
Commission to adopt different safeguard 
measures, and in the cases mentioned in 
paragraph 6, ask the Commission to take 
measures. 
Article 5 
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. 
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. accordance with the procedure provided for 
in Article 4 (5). 
The procedure set out in Article 4 (5) to (7), 
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 6 
Notification to the Association Council by the 
Community as required by the Agreement shall 
be the responsibility of the Commission. 
Article 7 
This Decision shall enter into force on the same 
day as 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 
3. Any Member State may refer the 
Commission's decision t o the Council in 
.y\ y 
COMMISSION DECISION N° .../ECSC 
of 
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 Slovak Republic, of the other part 
THE COMMISSION OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Coal and Steel Community, and in 
particular Article 74 and the first sub-paragraph 
article 95 thereof, 
Whereas a Europe Agreement establishing an 
association between the European Communities 
and their member States, of the one part, and 
the Czech and Slovak Federal Republic (CSFR), 
of the other part, was signed in Brussels on 16 
December 1991; 
Whereas pending the entry into force of the 
Europe Agreement, its provisions on trade and 
trade-related matters have been given effect 
since 1 March 1992 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 CSFR, of the other part l, 
signed in Brussels on 16 December 1991; 
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 signed on 28 December 1993 by the 
European Economic Community and the 
European Coal and Steel Community of the one 
part, and the Slovak Republic, of the other 
part2. 
Whereas Commission Decision n° 
524/92/ECSC3 lays down certain procedures for 
the implementation of the provisions contained 
in Protocol 2 of the Interim Agreement on 
ECSC products; 
Whereas a separate Europe Agreement with the 
Slovak Republic was signed in Luxembourg on 
4 October 1993, as a consequence of the 
dissolution of the CSFR on 31 December 1992; 
Whereas a Supplementary Protocol to the 
Interim Agreement was signed with the Slovak 
Republic on 21 December 1993 in order to adapt the Agreement to the dissolution of the 
CSFR and the subsequent succession thereto by 
the Slovak Republic; 
Whereas it is necessary to lay down the 
procedures for applying various provisions of 
the Europe Agreement and in particular those 
contained in Protocol 2 on ECSC products by 
adopting provisions similar to those provided 
for in Decision n° 524/92; 
Whereas account should be taken of the 
undertakings set out in the Europe Agreement 
when examining whether a safeguard measure 
should be introduced; 
Whereas certain measures provided for in the 
Agreement go beyond the power of action 
provided for in the Treaty and it is therefore 
necessary in this case to refer to the provisions 
of article 95 after consultation with the 
consultative Committee and with the unanimous 
assent of the Council; 
HAS ADOPTED THIS DECISION 
TITLE I 
Article 1 
The Commission may, with the assent of the 
Council, decide to refer to the Association 
Council established by the Agreement with 
regard to the measures provided for in Articles 
29 and 115 (2) of the Agreement. Where 
necessary, the Commission shall adopt these 
measures in accordance with the same 
procedure. 
The Commission may take the decisions to this 
end on its own initiative or at the request of a 
Member State. 
'OJn° LI 15, 30.04.1992 
2OJn°L25/l2, 29.01.1994 
3OJn°L 56/41, 29.02.1992 
AS 
Article 2 
1. In the case of a practice that may justify 
application by the Community of the 
measures provided for in Article 8 of 
Protocol 2 to 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, the Commission shall 
with the assent of the Council, adopt 
safeguard measures,- except in the case of 
public aids to which Decision n° 
2424/88/ECSC applies, when measures 
shall be taken according to the procedures 
laid down in that Decision. 
Such measures shall be taken under the 
conditions provided for in Article 8 of 
Protocol 2 to the Agreement. 
2. In the case of a practice that may cause 
safeguard measures to be applied to the 
Community by the Slovak Republic on the 
basis of Article 8 of Protocol 2 to 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 laid 
down in Articles 65 and 66 of the ECSC 
Treaty and Article 85 of the Treaty 
establishing the European Community, and 
of the rules applicable to State aids, 
including secondary legislation. 
Article 3 
1. 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 
Decision n° 2424/88/ECSC and the 
procedure provided for in Article 34 (2) and 
(3) (b) or (d) of the Agreement. 
Article 4 
1. Where a Member State requests the 
Commission to apply safeguard measures 
as provided for in Article 31 or 32 of the 
Agreement, and 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. 
Member States shall provide the 
Commission with the information needed to 
justify their requests to apply safeguard 
measures. 
Any member State may refer the decisions 
of the Commission to the Council within 10 
working days of its notification. 
If the Council, acting by the qualified 
majority referred to in Article 28 (4) of the 
Treaty, indicates its intention to request a 
different decision, the Commission shall 
inform the Slovak Republic 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 ask the Commission within one month 
of the conclusion of the consultations, with 
the Slovak Republic within the Association 
Council, to adopt safeguard measures. 
2. Where the Commission, at the request of a 
Member State or on its own initiative, 
decides that the safeguard measures 
provided for in Article 31 or 32 of the 
Agreement should be applied : 
- it shall inform the Member States for 
thwith 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 mentioned 
in Article 4 (2) of Commission Decision n° 
264/94/ECSC (hereinafter referred to as 
"the committee"), 
- at the same time it shall inform the Slovak 
Republic 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. 
3. In any event, the consultations within the 
Association Council shall be deemed to be 
completed 30 days after the notification 
referred to in the fourth subparagraph of 
paragraph 1 and paragraph 2. 
At the end of the consultations or on expiry 
of the period of 30 days, and if no other 
ne 
arrangement proves possible, the 
Commission, after consulting the 
committee, may take appropriate measures 
to implement Articles 31 and 32 of the 
Agreement. 
4. The decision referred to in paragraph 3 
shall be notified forthwith to the Council, 
the Member States and the Slovak 
Republic; it shall also be notified to the 
Association Council. 
It shall be immediately applicable. 
5. Any Member State may refer the 
Commission decision referred to in 
paragraph 3 to the Council within 10 
working days of receiving notification of 
the decision. 
6. If the Commission has not taken a decision 
within the meaning of the second 
subparagraph of paragraph 3 within 10 
working days of the end of the 
consultations with the Association Council 
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 2 may refer it to 
the Council. 
7. In the cases referred to in paragraph 5 the 
Council, acting by a qualified majority, 
may, within one month, ask the 
Commission to adopt different safeguard 
measures, and in the cases mentioned in 
paragraph 6, ask the Commission to take 
measures. 
Article 5 
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. The procedure set out in Article 4 (5) to (7) 
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 6 
Notification to the Association Council by the 
Community as required by the Agreement shall 
be the responsibility of the Commission. 
Article 7 
This Decision shall enter into force on the same 
day as 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 
3. Any Member State may refer the 
Commission's decision t o the Council in 
accordance with the procedure provided for 
in Article 4 (5). 
n 
EXPLANATORY MEMORANDUM 
The proposed Decisions introduce the modalities for the application, as far as ECSC 
products are concerned, of certain safeguard measures and measures of commercial 
protection contained in the Agreements on free trade and trade related matters. 
The Community signed on July 18, 1994 the Agreements on free trade and trade related 
matters with Estonia, Latvia and Lithuania respectively. 
The objective of the proposed Decisions 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 Free Trade 
Agreements. 
In view of the entry into force of the Agreements on free trade and trade related matters, 
the Commission is requesting the Council to give its unanimous assent to the proposed 
Decisions, in order to allow the Commission to adopt these decisions. Pursuant to article 
95 of the ECSC Treaty, the ECSC Consultative Committee is being simultaneously 
consulted. 
Commission Decision No /ECSC 
of 
on certain procedures for applying the Agreement on free trade and trade-related matters between the 
European Community, the European Atomic Energy Community and the European Coal and Steel 
Community of the one part, and the Republic of Estonia, of the other part, n 
THE COMMISSION OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Coal and Steel Community, and in 
particular Article 74 and the first subparagraph 
of Article 95 thereof, 
Whereas an Agreement on Free Trade and 
Trade related matters between the European 
Community, the European Atomic Energy 
Community and the European Coal and Steel 
Community, of the one part, and the Republic 
of Estonia, of the other part (hereinafter referred 
to as "the Agreement") was signed in Brussels 
on 18 July 1994, 
Whereas it is necessary to lay down the 
procedures for applying various provisions of 
the agreement and in particular those 
concerning products covered by the ECSC 
Treaty, 
Whereas such procedures have been laid down 
for the European Economic Community by 
Council Regulation (EC) No on certain 
procedures for applying the Agreement on trade 
and trade-related matters between the European 
Economic Community, the European Atomic 
Energy Community and the European Coal and 
Steel Community, of the one part, and the 
Republic of Estonia, of the other part, 
Whereas, as regards measures of commercial 
protection it is necessary to lay down specific 
provisions concerning the general rules set out 
in Commission Decision No 2424/88/ECSC of 
29 July 1988 on protection against dumped or 
subsidized imports from countries not members 
of the European Coal and Steel Community ' 
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 it is desirable to ensure that the rules 
for the application if the Agreement should be similar for both the European Economic 
Community and the European Coal and Steel 
Community; 
Whereas certain measures provided for in the 
Agreement go beyond the powers of action 
provided for in the Treaty and it is therefore 
necessary in this case to refer to the provisions 
of Article 95, after consultation with the 
consultative committee and with the unanimous 
assent of the Council, 
HAS ADOPTED THIS DECISION : 
Article 1 
The Commission may, with the assent of the 
Council, decide to refer to the Association 
Council established by the Agreement with 
regard to the measures provided for in Article 
21 of the Agreement. Where necessary, the 
Commission shall adopt these measures in 
accordance with the same procedure. 
The Commission may take the decisions to this 
end on its own initiative or at the request of a 
member State. 
Article 2 
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 compatible 
with the Agreement. Where necessary, the 
Commission takes safeguard measures with 
the assent of the Council, except in the case 
of public aids to which Decision No 
2424/88/ECSC applies, when measures 
shall be taken according to the procedures 
laid down in that Decision. 
Such measures shall be taken under the 
conditions provided for in Article 32 of the 
Agreement. 
'OJNoL209, 2.8.1988, p. 18 
•13 
In the case of a practice that may cause 
safeguard measures concerning ECSC 
products to be applied to the Community by 
Estonia 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 on the basis of the criteria laid 
down in Articles 65 and 66 of the ECSC 
Treaty and Article 85 of the Treaty 
establishing the European Community, and 
of the rules applicable to State aids, 
including secondary legislation. 
Article 3 
In the case of a practice which is liable to 
warrant the application, by the Community, 
of the measures provided for in Article 22 
of the Agreement, the introduction of anti­
dumping measures shall be decided upon in 
accordance with the provisions laid down in 
Decision No 2424/88/ECSC and the 
procedure provided for in Article 26 (2) and 
(3) (b) or (d) of the Agreement. 
Article 4 
Where a Member State requests the 
Commission to apply safeguard measures 
as provided for in Article 23 or 24 of the 
Agreement, and 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. 
Member States shall provide the 
Commission with the information needed to 
justify their requests to apply safeguard 
measures. 
Any member State may refer the decision 
of the Commission to the Council within 10 
working days of its notification. 
If the Council, acting by the qualified 
majority referred to in Article 28 (4) of the 
Treaty, indicates its intention to request a 
different decision, the Commission shall 
inform Estonia thereof forthwith and shall 
notify it of the opening of the consultations 
within the Joint Committee as provided for 
in Article 26 (2) and (3) of the Agreement. Estonia within the Joint Committee to 
adopt safeguard measures. 
2. Where the Commission, at the request of a 
Member State or on its own initiative, 
decides that the safeguard measures 
provided for in Article 23 or 24 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 mentioned in 
Article 4 (2) of Commission Decision No 
264/94/ECSC (hereinafter referred to as 'the 
committee'), 
at the same time it shall inform Estonia and 
notify the Joint Committee of the opening 
of consultations as referred to in Article 26 
(2) and (3) of the Agreement, 
at the same time it shall provide the Joint 
Committee with all the information 
necessary for these consultations. 
3. 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 2. 
At the need 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 23 and 24 of the 
Agreement. 
4. The decision referred to in paragraph 3 
shall be notified forthwith to the Council, 
the Member States and Estonia; it shall also 
be notified to the Joint Committee. 
It shall be immediately applicable. 
5. Any Member State may refer the 
Commission decision referred to in 
paragraph 3 to the Council within 10 
working days of receiving notification of 
the decision. 
The Council, acting by a qualified majority, 
may ask the Commission within one month 
of the conclusion of the consultations with 
a 
If the Commission has not taken a decision 
within the meaning of the second 
subparagraph of paragraph 3 within 10 
working days of 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 2 may refer it to 
the Council. 
In the cases refereed to in paragraph 5 the 
Council , acting by a qualified majority, 
may, within one month, ask the 
Commission to adopt different safeguard 
measures, and in the cases mentioned in 
paragraph 6, ask the Commission to take 
measures. This Decision shall enter into force on the same 
day as the Agreement on free trade and trade-
related matters. 
This Decision shall be binding in its entirety and 
directly applicable in all Member States. 
Done at Brussels, 
For the Commission 
Article 5 
1. Where exceptional circumstances arise 
within the meaning of Article 26 (3) (d) of 
the Agreement, the Commission may take 
immediate safeguard measures in the cases 
referred to in Articles 23 and 24 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 4 (5). 
The procedure set out in Article 4 (5) to (7) 
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 mater to the Commission may 
refer it to the Council in accordance with 
the procedure laid down in the preceding 
subparagraphs. 
Article 6 
Notification to the Joint Committee by the 
Community as required by the Agreement shall 
be the responsibility of the Commission. 
Article 7 
Commission Decision No /ECSC 
of 
on certain procedures for applying the Agreement on free trade and trade-related matters between the 
European Community, the European Atomic Energy Community and the European Coal and Steel 
Community of the one part, and the Republic of Latvia, of the other part, 2 ") 
THE COMMISSION OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Coal and Steel Community, and in 
particular Article 74 and the first subparagraph 
of Article 95 thereof, 
Whereas an Agreement on Free Trade and 
Trade related matters between the European 
Community, the European Atomic Energy 
Community and the European Coal and Steel 
Community, of the one part, and the Republic 
of Latvia, of the other part (hereinafter referred 
to as "the Agreement") was signed in Brussels 
on 18 July 1994, 
Whereas it is necessary to lay down the 
procedures for applying various provisions of 
the agreement and in particular those 
concerning products covered by the ECSC 
Treaty, 
Whereas such procedures have been laid down 
for the European Economic Community by 
Council Regulation (EC) No on certain 
procedures for applying the Agreement on trade 
and trade-related matters between the European 
Economic Community, the European Atomic 
Energy Community and the European Coal and 
Steel Community, of the one part, and the 
Republic of Latvia, of the other part, 
Whereas, as regards measures of commercial 
protection it is necessary to lay down specific 
provisions concerning the general rules set out 
in Commission Decision No 2424/88/ECSC of 
29 July 1988 on protection against dumped or 
subsidized imports from countries not members 
of the European Coal and Steel Community * 
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 it is desirable to ensure that the rules 
for the application if the Agreement should be similar for both the European Economic 
Community and the European Coal and Steel 
Community; 
Whereas certain measures provided for in the 
Agreement go beyond the powers of action 
provided for in the Treaty and it is therefore 
necessary in this case to refer to the provisions 
of Article 95, after consultation with the 
consultative committee and with the unanimous 
assent of the Council, 
HAS ADOPTED THIS DECISION : 
Article 1 
The Commission may, with the assent of the 
Council, decide to refer to the Association 
Council established by the Agreement with 
regard to the measures provided for in Article 
22 of the Agreement. Where necessary, the 
Commission shall adopt these measures in 
accordance with the same procedure. 
The Commission may take the decisions to this 
end on its own initiative or at the request of a 
member State. 
Article 2 
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 compatible 
with the Agreement. Where necessary, the 
Commission takes safeguard measures with 
the assent of the Council, except in the case 
of public aids to which Decision No 
2424/88/ECSC applies, when measures 
shall be taken according to the procedures 
laid down in that Decision. 
Such measures shall be taken under the 
conditions provided for in Article 32 of the 
Agreement. 
'OJ No L 209, 2.8.1988, p. 18 
2. In the case of a practice that may cause 
safeguard measures concerning ECSC 
products to be applied to the Community by 
Latvia 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 on the basis of the criteria laid 
down in Articles 65 and 66 of the ECSC 
Treaty and Article 85 of the Treaty 
establishing the European Community, and 
of the rules applicable to State aids, 
including secondary legislation. 
Article 3 
In the case of a practice which is 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 
Decision No 2424/88/ECSC and the 
procedure provided for in Article 27 (2) and 
(3) (b) or (d) of the Agreement. 
Article 4 
1. Where a Member State requests the 
Commission to apply safeguard measures 
as provided for in Article 24 or 25 of the 
Agreement, and 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. 
Member States shall provide the 
Commission with the information needed to 
justify their requests to apply safeguard 
measures. The Council, acting by a qualified majority, 
may ask the Commission within one month 
of the conclusion of the consultations with 
Latvia within the Joint Committee to adopt 
safeguard measures. 
2. Where the Commission, at the request of a 
Member State or on its own initiative, 
decides that the safeguard measures 
provided for in Article 24 or 25 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 mentioned in 
Article 4 (2) of Commission Decision No 
264/94/ECSC (hereinafter referred to as 'the 
committee'), 
at the same time it shall inform Latvia and 
notify the Joint Committee of the opening 
of consultations as referred to in Article 27 
(2) and (3) of the Agreement, 
at the same time it shall provide the Joint 
Committee with all the information 
necessary for these consultations. 
3. 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 2. 
At the need 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. 
4. The decision referred to in paragraph 3 
shall be notified forthwith to the Council, 
the Member States and Latvia; it shall also 
be notified to the Joint Committee; ^ 
Any member State may refer the decision 
of the Commission to the Council within 10 
working days of its notification. 
If the Council, acting by the qualified 
majority referred to in Article 28 (4) of the 
Treaty, indicates its intention to request a 
different decision, the Commission shall 
inform Latvia thereof forthwith and shall 
notify it of the opening of the consultations 
within the Joint Committee as provided for 
in Article 27 (2) and (3) of the Agreement. It shall be immediately applicable. 
5. Any Member State may refer the 
Commission decision referred to in 
paragraph 3 to the Council within 10 
working days of receiving notification of 
the decision. 
If the Commission has not taken a decision 
within the meaning of the second 
subparagraph of paragraph 3 within 10 
working days of 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 2 may refer it to 
the Council. 
In the cases refereed to in paragraph 5 the 
Council, acting by a qualified majority, 
may, within one month, ask the 
Commission to adopt different safeguard 
measures, and in the cases mentioned in 
paragraph 6, ask the Commission to take 
measures. <? 
This Decision shall enter into force on the same 
day as the Agreement on free trade and trade-
related matters. 
This Decision shall be binding in its entirety and 
directly applicable in all Member States. 
Done at Brussels, 
For the Commission 
Article 5 
1. Where exceptional circumstances arise 
within the meaning of Article 27 (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 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 4 (5). 
The procedure set out in Article 4 (5) to (7) 
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 mater to the Commission may 
refer it to the Council in accordance with 
the procedure laid down in the preceding 
subparagraphs. 
Article 6 
Notification to the Joint Committee by the 
Community as required by the Agreement shall 
be the responsibility of the Commission. 
Article 7 
Commission Decision No /ECSC 
of 
on certain procedures for applying the Agreement on free trade and trade-related matters between the 
European Community, the European Atomic Energy Community and the European Coal and Steel 
Community of the one part, and the Republic of Lithuania, of the other part, tk 
THE COMMISSION OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Coal and Steel Community, and in 
particular Article 74 and the first subparagraph 
of Article 95 thereof, 
Whereas an Agreement on Free Trade and 
Trade related matters between the European 
Community, the European Atomic Energy 
Community and the European Coal and Steel 
Community, of the one part, and the Republic 
of Lithuania, of the other part (hereinafter 
referred to as "the Agreement") was signed in 
Brussels on 18 July 1994, 
Whereas it is necessary to lay down the 
procedures for applying various provisions of 
the agreement and in particular those 
concerning products covered by the ECSC 
Treaty, 
Whereas such procedures have been laid down 
for the European Economic Community by 
Council Regulation (EC) No on certain 
procedures for applying the Agreement on trade 
and trade-related matters between the European 
Economic Community, the European Atomic 
Energy Community and the European Coal and 
Steel Community, of the one part, and the 
Republic of Lithuania, of the other part, 
Whereas, as regards measures of commercial 
protection it is necessary to lay down specific 
provisions concerning the general rules set out 
in Commission Decision No 2424/88/ECSC of 
29 July 1988 on protection against dumped or 
subsidized imports from countries not members 
of the European Coal and Steel Community [ 
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 it is desirable to ensure that the rules 
for the application if the Agreement should be similar for both the European Economic 
Community and the European Coal and Steel 
Community; 
Whereas certain measures provided for in the 
Agreement go beyond the powers of action 
provided for in the Treaty and it is therefore 
necessary in this case to refer to the provisions 
of Article 95, after consultation with the 
consultative committee and with the unanimous 
assent of the Council, 
HAS ADOPTED THIS DECISION : 
Article 1 
The Commission may, with the assent of the 
Council, decide to refer to the Joint Committee 
established by the Agreement with regard to the 
measures provided for in Article 22 of the 
Agreement. Where necessary, the Commission 
shall adopt these measures in accordance with 
the same procedure. 
The Commission may take the decisions to this 
end on its own initiative or at the request of a 
member State. 
Article 2 
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, the 
Commission takes safeguard measures with 
the assent of the Council, except in the case 
of public aids to which Decision No 
2424/88/ECSC applies, when measures 
shall be taken according to the procedures 
laid down in that Decision. 
Such measures shall be taken under the 
conditions provided for in Article 33 of the 
Agreement. 
'OJNoL209, 2.8.1988, p. 18 
15 
2. In the case of a practice that may cause 
safeguard measures concerning ECSC 
products to be applied to the Community by 
Lithuania 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 on the basis of the criteria laid 
down in Articles 65 and 66 of the ECSC 
Treaty and Article 85 of the Treaty 
establishing the European Community, and 
of the rules applicable to State aids, 
including secondary legislation. 
Article 3 
In the case of a practice which is 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 
Decision No 2424/88/ECSC and the 
procedure provided for in Article 27 (2) and 
(3) (b) or (d) of the Agreement. 
Article 4 
1. Where a Member State requests the 
Commission to apply safeguard measures 
as provided for in Article 24 or 25 of the 
Agreement, and 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. The Council, acting by a qualified majority, 
may ask the Commission within one month 
of the conclusion of the consultations with 
Lithuania within the Joint Committee to 
adopt safeguard measures. 
2. Where the Commission, at the request of a 
Member State or on its own initiative, 
decides that the safeguard measures 
provided for in Article 24 or 25 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 mentioned in 
Article 4 (2) of Commission Decision No 
264/94/ECSC (hereinafter referred to as 'the 
committee'), 
at the same time it shall inform Lithuania 
and notify the Joint Committee of the 
opening of consultations as referred to in 
Article 27 (2) and (3) of the Agreement, 
at the same time it shall provide the Joint 
Committee with all the information 
necessary for these consultations. 
3. 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 2. 
At the need 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. 
Member States shall provide the 
Commission with the information needed to 
justify their requests to apply safeguard 
measures. 
Any member State may refer the decision 
of the Commission to the Council within 10 
working days of its notification. 
If the Council, acting by the qualified 
majority referred to in Article 28 (4) of the 
Treaty, indicates its intention to request a 
different decision, the Commission shall 
inform Lithuania thereof forthwith and 
shall notify it of the opening of the 
consultations within the Joint Committee as 
provided for in Article 27 (2) and (3) of the 
Agreement. 4. The decision referred to in paragraph 3 
shall be notified forthwith to the Council, 
the Member States and Lithuania; it shall 
also be notified to the Joint Committee; it 
shall also be notified to the Joint 
Committee. 
It shall be immediately applicable. 
5. Any Member State may refer the 
Commission decision referred to in 
paragraph 3 to the Council within 10 
working days of receiving notification of 
the decision. 
n 
6. If the Commission has not taken a decision 
within the meaning of the second 
subparagraph of paragraph 3 within 10 
working days of 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 2 may refer it to 
the Council. This Decision shall enter into force on the same 
day as the Agreement on free trade and trade-
related matters. 
This Decision shall be binding in its entirety and 
directly applicable in all Member States. 
Done at Brussels, 
7. In the cases refereed to in paragraph 5 the 
Council , acting by a qualified majority, 
may, within one month, ask the 
Commission to adopt different safeguard 
measures, and in the cases mentioned in 
paragraph 6, ask the Commission to take 
measures. For the Commission 
Article 5 
1. Where exceptional circumstances arise 
within the meaning of Article 27 (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 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 4 (5). 
The procedure set out in Article 4 (5) to (7) 
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 mater to the Commission may 
refer it to the Council in accordance with 
the procedure laid down in the preceding 
subparagraphs. 
Article 6 
Notification to the Joint Committee by the 
Community as required by the Agreement shall 
be the responsibility of the Commission. 
Article 7 
^ 
EXPLANATORY MEMORANDUM 
The Community signed Europe Agreements with Romania and Bulgaria on 1 February 
1993 and 8 March 1993 respectively. 
The proposed Decisions introduce the modalities for the application of certain safeguard 
measures and measures of commercial protection contained in these Agreements for 
ECSC products. 
The objective of the proposed Decisions 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 Decisions have been adopted for the implementation of such measures under the 
Interim and Europe Agreements concluded with Poland and Hungary. 
In view of the entry into force of the Europe Agreements the Commission is requesting 
the Council to give its unanimous assent for the proposed Decisions, in order to allow the 
Commission to adopt these decisions. Pursuant to article 95 of the ECSC Treaty, the 
ECSC Consultative Committee is being simultaneously consulted. 
Commission Decision N°.../93/ECSC O 
of... 
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 COMMISSION OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Coal and Steel Community, and in 
particular Article 74 and the first subparagraph of Article 95 thereof, 
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 1993 by the European Economic Community and the European Coal and 
Steel Community, of the one part, and Bulgaria, of the other part2; 
Whereas it is necessary to lay down the procedures for applying various provisions of the 
agreement and in particular those contained in Protocol 2 on ECSC; 
Whereas, as regards measures of commercial protection it is necessary to lay down 
specific provisions concerning the general rules set out in Commission Decision 
N° 2424/88/ECSC of 29 July 1988 on protection against dumped or subsidised imports 
from countries not members of the European Coal and Steel 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 it is desirable to ensure that the rules for the application of the Agreement 
should be similar for both the European Community and the European Coal and Steel 
Community; 
1 OJ No L 323, 23.12.1993, p. 2 
2 OJNoL25, 29.01.1994, p. 37 
3 OJ No L 209, 2.8.1988, p. 18 
+ 3 
Whereas certain measures provided for in the Agreement go beyond the powers of action 
provided for in the Treaty and it is therefore necessary in this case to refer to the 
provisions of Article 95, after consultation with the consultative committee and with the 
unanimous assent of the Council, 
HAS ADOPTED THIS DECISION: 
Article I 
The Commission may, with the assent of the Council, decide to refer to the Association 
Council established by the Agreement with regard to the measures provided for in Article 
29 and Article 116(2) of the Agreement. Where necessary, the Commission shall adopt 
these measures in accordance with the same procedure. 
The Commission may take the decisions to this end on its own initiative orat the request 
of a Member State. 
Article 2 
In the case of a practice that may justify application by the Community of the measures 
provided for in Article 9 of Protocol 2 to 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, with 
the assent of the Council, adopt safeguard measures, except in the case of public aids to 
which Decision N° 2424/88/ECSC applies, when measures shall be taken according to 
the procedures laid down in that Decision. 
Such measures shall be taken under the conditions provided for in Article 9 of Protocol 2 
to the Agreement. 
2.In the case of a practice that may cause safeguard measures to be applied to the 
Community by Bulgaria on the basis of Article 9 of Protocol 2 to 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 laid down in Articles 65 and 66 of the ECSC Treaty 
and Article 85 of the Treaty establishing the European Community, and of the rules 
applicable to State aids, including secondary legislation. 
Article 3 
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 Decision N° 2424/88/ECSC and the procedure provided for in Articles 34(2) and 
34(3)(b) or (d) of the Agreement. 
3o 
Article 4 
1. Where a Member State requests the Commission to apply safeguard measures as 
provided for in Articles 31 or 32 of the Agreement, and 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. 
Member States shall provide the Commission with the information needed to justify their 
requests to apply safeguard measures. 
Any Member State may refer the decision of the Commission to the Council within ten 
working days of its notification. 
If the Council, acting by the qualified majority referred to in Article 28(4) of the Treaty, 
indicates its intention to request 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 ask the Commission within one month 
of the conclusion of the consultations with Bulgaria within the Association Council, to 
adopt safeguard measures. 
2.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 mentioned in Article 4 of Commission Decision N° 
264/94/ECSC (hereinafter referred to as '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. 
3.In any event, the consultations within the Association Council shall be deemed to be 
completed 30 days after the notification referred to in the fourth subparagraph of 
paragraph 1 and in paragraph 2. 
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 31 and 32 of the Agreement. 
4.The decision referred to in paragraph 3 shall be notified forthwith to the Council, the 
Member States and Bulgaria; it shall also be notified to the Association Council. 
It shall be immediately applicable. 
31 
5.Any Member State may refer the Commission decision referred to in paragraph 3 to the 
Council within ten working days of receiving notification of the decision. 
6.1f the Commission has not taken a decision within the meaning of the second 
subparagraph of paragraph 3 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 30 days, any 
Member State which has referred the matter to the Commission in accordance with 
paragraph 2 may refer it to the Council. 
7.1n the cases referred to in paragraph 5 the Council, acting by a qualified majority, may, 
within one month, ask the Commission to adopt different safeguard measures, and in the 
cases mentioned in paragraph 6, ask the Commission to take measures. 
Article 5 
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 4(5). 
The procedure set out in Article 4(5) to (7) 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 6 
Notification to the Association Council by the Community as required by the Agreement 
shall be the responsibility of the Commission. 
Article 7 
This Decision shall enter into force on the same day as the Europe Agreement. 
This Decision shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels, 
For the Commission 
Commission Decision N° .../93/ECSC ^> C 
of... 
on certain procedures for applying the Europe Agreement 
establishing an association between the European Communities 
and their Member States, of the one part, 
and Romania, of the other part 
THE COMMISSION OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Coal and Steel Community, and in 
particular Article 74 and the first subparagraph of Article 95 thereof, 
Whereas a Europe Agreement establishing an association between the European 
Communities and their Member States, of the one part, and 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 Romania, 
of the other part, signed in Brussels on 1 February 1993 l; 
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 1993 by the European Economic Community and the European Coal and 
Steel Community, of the one part, and Romania, of the other part2; 
Whereas it is necessary to lay down the procedures for applying various provisions of the 
agreement and in particular those contained in Protocol 2 on ECSC; 
Whereas, as regards measures of commercial protection it is necessary to lay down 
specific provisions concerning the general rules set out in Commission Decision 
N° 2424/88/ECSC of 29 July 1988 on protection against dumped or subsidised imports 
from countries not members of the European Coal and Steel 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 it is desirable to ensure that the rules for the application of the Agreement 
should be similar for both the European Community and the European Coal and Steel 
Community; 
1 OJ No L 81, 2.4.1993, p. 2 
2 OJNoL25, 29.01.1994, p. 36 
3 OJNoL209, 2.8.1988, p. 18 
3>3 
Whereas certain measures provided for in the Agreement go beyond the powers of action 
provided for in the Treaty and it is therefore necessary in this case to refer to the 
provisions of Article 95, after consultation with the consultative committee and with the 
unanimous assent of the Council, 
HAS ADOPTED THIS DECISION: 
Article 1 
The Commission may, with the assent of the Council, decide to refer to the Association 
Council established by the Agreement with regard to the measures provided for in Article 
29 and Article 117(2) of the Agreement. Where necessary, the Commission shall adopt 
these measures in accordance with the same procedure. 
The Commission may take the decisions to this end on its own initiative orat the request 
of a Member State. 
Article 2 
In the case of a practice that may justify application by the Community of the measures 
provided for in Article 9 of Protocol 2 to 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, with 
the assent of the Council, adopt safeguard measures, except in the case of public aids to 
which Decision N° 2424/88/ECSC applies, when measures shall be taken according to 
the procedures laid down in that Decision. 
Such measures shall be taken under the conditions provided for in Article 9 of Protocol 2 
to the Agreement. 
2.In the case of a practice that may cause safeguard measures to be applied to the 
Community by Romania on the basis of Article 9 of Protocol 2 to 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 laid down in Articles 65 and 66 of the ECSC Treaty 
and Article 85 of the Treaty establishing the European Community, and of the rules 
applicable to State aids, including secondary legislation. 
Article 3 
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 Decision N° 2424/88/ECSC and the procedure provided for in Articles 34(2) and 
34(3)(b) or (d) of the Agreement. 
^ 
Article 4 
1. Where a Member State requests the Commission to apply safeguard measures as 
provided for in Articles 31 or 32 of the Agreement, and 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. 
Member States shall provide the Commission with the information needed to justify their 
requests to apply safeguard measures. 
Any Member State may refer the decision of the Commission to the Council within ten 
working days of its notification. 
If the Council, acting by the qualified majority referred to in Article 28(4) of the Treaty, 
indicates its intention to request 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 ask the Commission within one month 
of the conclusion of the consultations with Romania within the Association Council, to 
adopt safeguard measures. 
2.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 mentioned in Article 4 of Commission Decision N° 
264/94 ECSC (hereinafter referred to as '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. 
3.In any event, the consultations within the Association Council shall be deemed to be 
completed 30 days after the notification referred to in the fourth subparagraph of 
paragraph 1 and in paragraph 2. 
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 31 and 32 of the Agreement. 
4.The decision referred to in paragraph 3 shall be notified forthwith to the Council, the 
Member States and Romania; it shall also be notified to the Association Council. 
2>S 
It shall be immediately applicable. 
5.Any Member State may refer the Commission decision referred to in paragraph 3 to the 
Council within ten working days of receiving notification of the decision. 
6.If the Commission has not taken a decision within the meaning of the second 
subparagraph of paragraph 3 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 30 days, any 
Member State which has referred the matter to the Commission in accordance with 
paragraph 2 may refer it to the Council. 
7.1n the cases referred to in paragraph 5 the Council, acting by a qualified majority, may, 
within one month, ask the Commission to adopt different safeguard measures, and in the 
cases mentioned in paragraph 6, ask the Commission to take measures. 
Article 5 
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 4(5). 
The procedure set out in Article 4(5) to (7) 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 6 
Notification to the Association Council by the Community as required by the Agreement 
shall be the responsibility of the Commission. 
Article 7 
This Decision shall enter into force on the same day as the Europe Agreement. 
This Decision shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels, 
For the Commission 

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