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 the position to be taken by the European Coal and Steel Community within the Joint Committee established by the Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in steel products covered by the Treaty establishing the European Coal and Steel Community

EXPLANATORY MEMORANDUM

The agreement between the European Coal and Steel Community and Turkey on trade in steel products covered by the ECSC Treaty entered into force on 1 August 1996. [1] The proposed Decision on implementing rules for competition is required by Article 7 (5) of this agreement. This Decision on ECSC steel consists of a mutatis mutandis clause referring to provisions of the implementing rules of Article 37 of Decision 1/95 to be adopted by the EC-Turkey Association Council for EC products, as this was done in the case of the implementing rules on State aid with the Czech Republic.

[1] OJ N° L 227, 7.9.96, p. 3

These implementing rules cover competition policy in the fields of rules for undertakings and state aid control. They do not change the obligations, or derogations granted from the acquis communautaire, under the ECSC-Turkey Free Trade Agreement on steel products. The proposal adheres strictly to what is set out in the mandate. The substantive provisions of the ECSC-Turkey Free Trade Agreement on steel products remain therefore unchanged.

The attached proposal contains a draft Commission Decision based on Article 95 ECSC for a common Community position within the Joint Committee.

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 the position to be taken by the European Coal and Steel Community within the Joint Committee established by the Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in steel products covered by the Treaty establishing the European Coal and Steel Community

THE COMMISSION OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Coal and Steel Community, and in particular the first paragraph of Article 95 thereof,

Having regard to the opinion of the Consultative Committee,

After the assent of the Council,

Whereas:

(1) on 29 February 1996 the European Coal and Steel Community concluded with the Republic of Turkey an Agreement on trade in steel products covered by the Treaty establishing the European Coal and Steel Community, [2]

[2] OJ N° L 227, 7.9.96, p. 1.

(2) Article 7, paragraph 5 of that agreement provides that the ECSC-Turkey Joint Committee shall adopt the necessary rules for the implementation of paragraphs 1 to 4 of that Article,

HAS ADOPTED THIS DECISION:

The position to be taken by the Community within the ECSC-Turkey Joint Committee, established by the Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in steel products covered by the Treaty establishing the European Coal and Steel Community, with regard to Article 7, paragraph 5 thereof shall be based on the draft Decision of the Joint Committee annexed to this Decision.

Done at Brussels,

For the Commission

DECISION OF THE ECSC-TURKEY JOINT COMMITTEE No [...]

of

adopting implementing rules for the application of the provisions on competition policy referred to in Article 7 (5) of the Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in steel products covered by the Treaty establishing the European Coal and Steel Community

THE ECSC-TURKEY JOINT COMMITTEE,

Having regard to the Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in steel products covered by the Treaty establishing the European Coal and Steel Community [3] and in particular Article 7 (5) thereof,

[3] OJ No. L 227 of 7.9.1996.

Whereas:

(1) the ECSC-Turkey Joint Committee shall adopt the necessary rules for the implementation of paragraphs 1 to 4 of Article 7,

(2) to ensure consistency, the implementing rules for the application of the provisions on competition policy referred to in Article 37 of Decision 1/95 adopted by the EC-Turkey Association Council [4] should apply mutatis mutandis for this purpose,

[4] OJ [reference] of [date].

HAS DECIDED AS FOLLOWS:

Article 1

The implementing rules for the application of the provisions on competition policy referred to in Article 37 of Decision 1/95 adopted by the EC-Turkey Association Council shall apply mutatis mutandis for the purpose of implementing Article 7, paragraphs 1 to 4, of the ECSC-Turkey Free Trade Agreement on steel products.

Article 2

This decision shall enter into force on the day its adoption and shall apply until the expiry of the Treaty establishing the European Coal and Steel Community.

Done at Brussels, .

For the Joint Committee

The President