COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(94) 658 final 
Brussels, 13.12.1994 
94/0319 (ACQ 
94/0320 (ACC) 
94/0321 (ACC) 
Proposal for a 
COUNCIL REGULATION (EC) 94/0319 (ACC) 
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 
Proposal for a 
COUNCIL REGULATION (EC) 94/0320 (ACC) 
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 
Proposal for a 
COUNCIL REGULATION TEC) 94/0321 (ACC) 
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 
(presented by the Commission) 

EXPLANATORY MEMORANDUM 
The Community signed on July 18, 1994 the Agreements on free trade and trade-related 
matters with Estonia, Latvia and Lithuania. 
The proposed Regulations introduce the modalities for the application of certain safeguard 
measures and measures of commercial protection contained in these Agreements and 
provide a legal basis enabling the Commission to implement the provisions of these 
Agreements concerning agricultural products. 
The objective of the proposed implementing Regulations is the introduction of specific 
rules to the general provisions concerning the Community's import regime (including the 
provisions establishing protection against subsidies and dumping practices in relation to 
imports from third countries) in order to respect the obligations undertaken in the 
Agreements on free trade and trade-related matters. 
Similar Regulations have been adopted for the implementation of such measures under the 
Interim Agreements concluded with Poland and Hungary (Regulations (EEC) N° 518/92. 
29.2.92 p.3 and 519/92. 29.2.92 p. 6)r 
In view of the entry into force of the Agreements on free trade and trade-related matters, 
anticipated for January 1, 1995, the Commission is requesting the Council to adopt the 
proposed Regulations. 
«*> 
COUNCIL REGULATION (EC) N° 
of 94/ 03191ACC) 
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 
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 certain special procedures should be 
introduced for the application of safeguard 
measures in the agricultural sectors, 
HAS ADOPTED THIS REGULATION 
TITLE I 
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 certain provisions of the 
Agreement; 
Whereas, with regard to trade protection 
measures, it is appropriate, where the provisions 
of the Agreement render it necessary, to lay 
down specific provisions concerning the general 
rules provided for in particular in Council 
Regulation (EEC) N° 518/94 of 7 March 1994 
on common rules for imports * and in Council 
Regulation (EEC) N° 2423/88 of 11 July 1988 
on protection against dumped or subsidized 
imports from countries not members of the 
European Community . 
Whereas account should be taken of the 
undertakings set out in the Agreement when 
examining whether a safeguard measure should 
be introduced; 
Whereas the procedures concerning safeguard 
clauses provided for in the Treaty are also 
applicable; 
Whereas specific provisions for safeguard 
measures concerning the textile products 
covered by Protocol 1 of the Agreement are 
included in that Protocol; Agricultural products 
Article 1 
Provisions for the application of Article 13 (2) 
and (3) 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 Estonia, 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 Joint Committee 
established by the Agreement with regard to the 
measures provided for in Articles 21 and 44 (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. 
'OJN°L67, 10.03.94. 
2OJ N° L 209, 2.8.1988, p. 1, Regulation last 
amended by Regulation (EC) n° 522/94 (OJ n° 
L66. 10.03.94, p. 10). 
Article 3 
1 Tn 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, 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° 
?4?l/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 
32 (6) of the Agreement. 
2. In the case of a practice that may cause 
measures to be applied to the Community 
by Estonia on the basis of Article 32 of *he 
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 ™ the basis of the criteria 
which result from the application of 
articles '85, 86 and 92of 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 22 of the 
Agreement the introduction of anti-dumping 
measures shall be decided upon in accordance 
with the provisions laid down in Regulation 
(EEC) N° 2473/88 and the procedures provided 
for in Article 26 (2) and (3) (b) or (d) of the 
Agi cement 
Article 5 
] Where a Member State requests the 
Commission to apply safeguard measures as 
provided for in Articles 23 or 24 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, il shall inform the Council 
and the Member Stales accordingly within five 
working days of receipt of the request from the 
Member Stale 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 Estonia 
thereof forthwith and shall notify it of the 
opening of consultations within the Joint 
Committee as provided for in Article 26 (2) and 
(3) off 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 
Estonia within the Joint Committee. 
2. The Corninission shall be assisted by the 
CommTttee established by Regulation 
Nr 3491/93 * (hereinafter referred 
to as the "Committee"). 
The Committee shall meet when convened by its 
chairman. The latter shall communicate any 
appropriate information to the member States at 
the earliest opportunity. 
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 23 or 24 of the 
Agreement should be applied : 
- H 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 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 
Coinmittcc with all the information necessary 
for these consultations. 
4, Tn any event, the consultations within the 
Joint Committee 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 ii no other 
arrangement proves possible, the Commission, 
after consulting the Committee, may take 
appropriate measures to implement .Articles 23 
and 24 of the Agreement. 
OJ Nr L319, 21.12.93, P. 1 
5. The decision referred to in paragraph 4 
shall be notified forthwith to the Council, 
the Member States and Estonia; it shall also 
be notified to the Joint Committee. 
The decision shall be immediately applicable. 
6. Any Member Slate may refer the 
Commission decision referred to in 
paragraph 4 to the Council within ten 
working days of receiving notification of 
the decision. 
7 I f 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 Joint Committee or. as the case 
may be. the end of the period of thirty days 
referred to in that paragraph, any Member 
Stale which has referred the matter to the 
Commission in accordance with paragraph 
3 may refer it to the Council. 
K In the cases referred to in paragraphs 6 and 
7 Ihc Council, acting by a qualified 
majority, may adopt a different decision 
within two months 
Article 6 
I 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 
V 1! the Commission receives a request from a 
Member State, it shall lake a decision 
thereon within fixe working davs of receipt 
of the request. 
I he Commission shall notify the Council and 
ihc Member States of its decision. 
v Any Member State may refer the 
Commission's decision to the Council in 
accordance with the procedure provided for in 
Article 5 (6). first and second subparagraphs of this 
paragraph. 
Article 7 
The procedures laid down in Articles 5 and 6 
shall not apply to products covered by Protocol 1 
of the Agreement. 
Article S 
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 15 or 24 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 14 
or Article 23 (2) and (3) of the Agreement are 
met. 
Article 9 
Notification to the Joint Committee as required 
by the Agreement shall be the responsibility of 
the Commission, acting on behalf of the 
Community. 
Article 10 
This Regulation docs not preclude the 
application of safeguard measures provided for 
in the Treaty, in particular in Articles 108 and 
10*). according to the procedures laid down 
therein. 
. Irticle 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 1 January 1995 or from the 
date of entry into force of the Agreement, 
whichever is the later.-* 
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 w Inch has referred the matter 
to the Commission may refer it to the Council in 
accordance with the procedures laid down in the *The date of entry into force of the Agreement 
or free trade and trade-related matters is 1 
January 1995. 
S 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels 
For the Council 
The President 
L-
COUNCIL REGULATION (EC) N° 
of 94/ 0320(ACC) 
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 
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 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 certain provisions of the 
Agreement; 
Whereas, with regard to trade protection 
measures, it is appropriate, where the provisions 
of the Agreement render it necessary, to lay 
down specific provisions concerning the general 
rules provided for in particular in Council 
Regulation (EEC) N° 518/94 of 7 March 1994 
on common rules for imports * and in Council 
Regulation (EEC) N° 2423/88 of 11 July 1988 
on protection against dumped or subsidized 
imports from countries not members of the 
European Community ^. 
Whereas account should be taken of the 
undertakings set out in the Agreement when 
examining whether a safeguard measure should 
be introduced; 
Whereas the procedures concerning safeguard 
clauses provided for in the Treaty are also 
applicable; 
Whereas specific provisions for safeguard 
measures concerning the textile products 
covered by Protocol 1 of the Agreement are 
included in that Protocol; Whereas certain special procedures should be 
introduced for the application of safeguard 
measures in the agricultural sectors, 
HAS ADOPTED THIS REGULATION 
TITLE I 
Agricultural products 
Article 1 
Provisions for the application of Article 14 (2) 
and (3) 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 Lithuania, 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 Joint Committee 
established by the Agreement with regard to the 
measures provided for in Articles 22 and 45 (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. 
1OJN°L67, 10.03.94. 
2OJ N° L 209. 2.8.1988, p. 1, Regulation last 
amended by Regulation (EC) n° 522/94 (OJ n° 
L66, 10.03.94, p. 10). 
> 
Article 3 
L In the case of a practice that may justify 
application by the Community of the 
measures provided for in Article 33 of the 
Agreement, the Commission, after 
examining the case, on its own initiative or 
at the request of a Member State, shall 
decide whether such practice is compatible 
with the Agreement. Where necessary, it 
shall propose the adoption of safeguard 
measures to the Council, which shall act in 
accordance with the procedure laid down in 
Article 113 of the Treaty, except in the 
cases of aid to which Régulation (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 
33 (6) of the Agreement 
2. In the case of a practice that may cause 
measures to be applied to the Community 
by Lithuania on the basis of Article 33 of 
(he 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 en 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 23 of. the 
Agreement, the introduction of anti -dumping 
measures shall be decided upon in accordance 
with the provisions laid down in Regulation 
(EEC) Nô 2423/88 and the procedures provided 
for in Article 27 (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 24 or 25 of the 
Agreement. it shall provide the 
Commission, in support of its request, with 
the information needed to justify it. 
If the Cornmission 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 Stale 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 
Lithuania thereof forthwith and shall notify it of 
the opening of consultations within the Joint 
Cornmittee as provided for in Article 27 (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 
Lithuania within the Joint Committee. 
2. The Commission shall be assisted by 
the Committee established by Regulation 
Nr 349.1/93 * (hereinafter referred to 
as the "Committee"). 
The Committee shall meet when convened by its 
chairman. The latter shall communicate any 
appropriate information to the member States at 
the earliest opportunity. 
3. Where the Ctonimission, on its own 
initiative or at the request of a Member 
State, decides that the safeguard measures 
provided for in Articles 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 Cornmittee, 
- 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. 
4 In any event, the consultations within the 
Joint Committee 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 
die period of thirty days, and if no other 
arrangement proves possible, the Cornmission, 
after consulting the Cornmittee. may take 
appropriate measures to implement Articles 24 
and 25 of the Agreement 
* OJ Nr L319, 21.12.93, P. 1 
5. The decision referred to in paragraph 4 
shall be notified forthwith to the Council, 
the Member States and Lithuania; it shall 
also be notified to the Joint Committee. 
The decision shall be immediately applicable. 
6. Any Member State may refer the 
Commission decision referred to in 
paragraph 4 to the Council within ten 
working days of receiving notification of 
the decision. 
7. If the Commission has not taken a decision 
within the meaning of the second 
subparagraph of paragraph 4 within ten 
working days of the end of the consultations 
with the Joint Committee 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 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 Stale 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 
paragraph. subparagraphs of this 
Article 7 
The procedures laid down in Articles 5 and 6 
shall not apply to products covered by Protocol 1 
of the Agreement. 
Article 8 
By way of derogation from Articles 5 and 6, if 
the circumstances demand that measures are 
taken concerning agricultural products on the 
basis of Articles 15 or 24 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 15 
or Article 27 (2) and (3) of the Agreement are 
met. 
Article 9 
Notification to the Joint Committee 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 1 January 1995 or from the 
date of entry into force of the Agreement, 
whichever is the later.3 
3The date of entry into force of the Agreement 
or free trade and trade-related matters is 1 
January 1995. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels 
For the Council 
The President 
^Cc 
COUNCIL REGULATION (EC) Nc 
of 94/ 0321(ACC) 
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 
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 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 certain provisions of the 
Agreement; 
Whereas, with regard to trade protection 
measures, it is appropriate, where the provisions 
of the Agreement render it necessary, to lay 
down specific provisions concerning the general 
rules provided for in particular in Council 
Regulation (EEC) N° 518/94 of 7 March 1994 
on common rules for imports * and in Council 
Regulation (EEC) N° 2423/88 of 11 July 1988 
on protection against dumped or subsidized 
imports from countries hot members of the 
European Community 2. 
Whereas account should be taken of the 
undertakings set out in the Agreement when 
examining whether a safeguard measure should 
be introduced; 
Whereas the procedures concerning safeguard 
clauses provided for in the Treaty arc also 
applicable; 
Whereas specific provisions for safeguard 
measures concerning the textile products 
covered by Protocol 1 of the Agreement are 
included in that Protocol; Whereas certain special procedures should be 
introduced for the application of safeguard 
measures in the agricultural sectors, 
HAS ADOPTED THIS REGULATION 
TITLE I 
Agricultural products 
Article 1 
Provisions for the application of Article 14 (2) 
and (3) 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 Latvia, 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 Joint Committee 
established by the Agreement with regard to the 
measures provided for in Articles 22 and 44 (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. 
'OJ^L 67,10.03.94 
2OJ N° L 209, 2.8.1988, p. 1, Regulation last 
amended by Regulation (EC) n° 522/94 (OJ nc 
L66, 10.3.94, plO). 
Article 3 
1. In the case of a practice that may justify^ 
application by the Community of the! 
measures provided for in Article 32 of the ' 
Agreement, the Commission, after 
examining the case, on its own initiative or 
at the request of a Member State, shall 
decide whether such practice is 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 
32 (6) of the Agreement. 
2. In the case of a practice that may cause 
measures 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 ' ori the basis ôf thé 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 Comxnunity, of 
the measures provided for in Article 23 of the 
Agreement, the introduction of anti-dumping 
measures shall be decided upon in accordance 
with the provisions laid down in Regulation 
(EEC) N° 2423/88 and the procedures provided 
for in Article 27 (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 24 or 25 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 Slate. Any Member State may refer this decision of the 
Conirnission 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 Latvia 
thereof forthwith and shall notify it of the 
opening of consultations within the Joint 
Committee as provided for in Article 27 (2) and 
(3) of the Agreement 
The Council acting by a qualified majority, may 
lake a different decision within twenty working 
days of the conclusion of the consultations with 
Latvia within the Joint Cornmittee. 
2. The Commission shall be assisted by the 
comnùuee established by Regulation 
Nfr,:349l/93 •.*--.(he rein#.fter.-; referred 
rto-:as :t;hevMCommtttee">-.-,r:< >• 
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 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, 
- 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. 
4. In any event, the consultations within the 
Joint Corrnnittce shall be deemed to be 
completed thirty days after the notification 
referred to in the fourth subparagraph of 
paragraph I and in paragraph 3, 
At the end of the cûnsultations 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 24 
and 25 of the Agreement. 
* OJ Nr L319, 21.12.93, P- 1 
/^ 
5. The decision referred to in paragraph 4 
shall be notified forthwith to the Council, 
the Member States and Latvia; it shall also 
be notified to the Joint Committee. 
The decision shall be immediately applicable. 
6. Any Member State may refer the 
Commission decision referred to in 
paragraph 4 to the Council within ten 
working days of receiving notification of 
the decision. 
7. If the Commission has not taken a decision 
within the meaning of the second 
subparagraph of paragraph 4 within ten 
working days of the end of the consultations 
with the Joint Committee 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 
I 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 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 
paragraph. second subparagraphs of this 
Article 7 
The procedures laid down in Articles 5 and 6 
shall not apply to products covered by Protocol 1 
of the Agreement. 
Article H 
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 15 or 24 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 15 
or Article 27 (2) and (3) of the Agreement are 
met. 
Article 9 
Notification to the Joint Committee 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 1 January 1995 or from the 
date of entry into force of the Agreement, 
whichever is the later.3 
3The date of entry into force of the Agreement 
or free trade and trade-related matters is 1 
Januarv 1995. 
This Regulation shall be binding in its entirety and directly applicable in all Member States. 
Done at Brussels 
For the Council 
The President 
ISSN 0254-1475 
COM (94) 658 final 
DOCUMENTS 
EN il 02 
Catalogue number : CB-CO-94-685-EN-C 
ISBN 92-77-84070-6 
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