COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(95) 8 final 
Brussels, 17.01.1995 
95/0014 (ACC) 
Proposal for a 
COUNCIL REGULATION (EC) 
amending Regulation (EC) No 3286/94 laying down Community procedures 
in the field of the common commercial policy in order to ensure the exercise 
of the Community's rights under international trade rules, in particular those 
established under the auspices of the World Trade Organisation 
(presented by the Commission) 
Explanatory Memorandum 
in December 1994, the Council adopted Regulation (EC) No 3286/94, implementing the 
Uruguay Round results and concerning the exercise of Community's rights under 
international trade rules ("Trade Barriers Regulation"), and repealed the existing 
Regulation (EEC) No 2641/841 on the strengthening of the common commercial policy, 
with regard in particular to illicit commercial practices. 
Last minute changes in the Council to the Commission proposal appear to have created 
some uncertainty as to what rules apply to proceedings pending under Regulation (EEC) 
No 2641/84 as of the date of entry into force of the new Trade Barriers Regulation 
(1 January 1995). 
Therefore, there is an urgent need to amend Articles 15(2) and 16 of the new Regulation 
to clarify that this Regulation also applies to proceedings still pending on 1 January 1995, 
but for which investigations had been concluded. In this respect, the Commission submits 
to the Council: 
a proposal to amend Articles 15(2) and 16(1) of the new Trade Barriers 
Regulation. 
OJ No L252, 29.9.1984, p. 1 
• f J 
Council Regulation (EC) No /95 
amending Regulation (EC) No 3286/94 laying down Community procedures in the 
field of the common commercial policy in order to ensure the exercise of the 
Community's rights under international trade rules, in particular those established 
under the auspices of the World Trade Organisation 
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 by Regulation (EC) No 3286/940 the Council has adopted Community 
procedures to ensure the exercise of the Community's rights under international trade 
rules, 
Whereas Article 15(2) of Regulation (EC) No 3286/94 repealed Regulation (EEC) No 
2641/84(2) on the strengthening of the common commercial policy with regard in 
particular to protection against illicit commercial practices, 
Whereas by its Article 16(1) Regulation (EC) No 3286/94 is applicable to proceedings 
initiated after 1 January 1995, 
Whereas it is therefore appropriate to amend Articles 15(2) and 16(1) of Regulation (EC) 
No 3286/94 in order to clarify that Regulation (EC) No 3286/94 also applies to 
proceedings pending on 1 January 1995, but in relation to which Community 
examination procedures had been completed, 
HAS ADOPTED THIS REGULATION: 
W OJNoL349of31.12.1994 
(2) OJNoL252 of 29.9.1984, p.l 
Article 1 
1. Article 15 (2) of Regulation (EC) No 3286/94 shall be replaced by the following : 
"2. Regulation (EEC) No 2641/84 is hereby repealed and replaced. References to the 
repealed Regulation shall be construed as references to this Regulation where 
appropriate." 
2. Article 16(1) of Regulation (EC) No 3286/94 shall be replaced by the following 
"1. This Regulation shall apply as from 1 January 1995. It shall apply to proceedings 
initiated after that date, as well as to proceedings pending at that date and in 
relation to which Community examination procedures have been completed." 
Article 2 
This Regulation shall apply as from 1 January 1995. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
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COM(95) 8 final 
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