Proposal for a COUNCIL DECISION on the position to be taken by the Community within the EU-Slovak Republic Association Council established by the Europe Agreement between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part, which entered into force on 1 February 1995, extending the double-checking system for the period from 1 January to 31 December 2002, concerning the export of certain steel products from the Slovak Republic to the Community

(presented by the Commission)

EXPLANATORY MEMORANDUM

The aim of the double-checking system is to improve transparency and to avoid possible diversions of trade. It is founded on the provision in the EC-Slovak Republic Europe Agreement [1] which allows either Party to introduce an administrative procedure having as its purpose the rapid provision of information on the trend of trade flows. The Parties agreed to establish such a system in 1998 in respect of certain ECSC and EC steel products by means of Decision N° 3/97 [2] of the Association Council. By means of Decision N° 1/99 [3] of the Association Council the system was extended, with amended product coverage, for the period from 1 January to 31 December 1999, by means of Decision N° 1/00 [4] of the Association Council the system was extended for the period from 1 January to 31 December 2000 and by means of Decision N° 1/01 [5] of the Association Council the system was extended for the period from 1 January to 31 December 2001. Council Regulation (EC) N° 85/98 [6], amended by Council Regulation (EC) N° 288/99 [7], extended by Council Regulations (EC) N° 543/00 [8] and N°238/01 [9] established the corresponding implementing legislation for the Community.

[1] OJ N° L 359, 31.12.1994, p. 2.

[2] OJ N° L 13, 19.01.1998, p. 71.

[3] OJ N° L 36, 10.02.1999, p. 18.

[4] OJ N° L 67, 15.03.2000, p. 36.

[5] OJ N° L 35, 6.2.2001, p. 38

[6] OJ N° L 13, 19.01.1998, p. 15.

[7] OJ N° L 36, 10.02.1999, p. 1

[8] OJ N° L 67, 15.03.2000, p. 3.

[9] OJ N° L 35, 6.2.2001, p. 2

At its meeting on 29 October 2001, the Contact Group agreed to recommend that the Association Council should extend the double-checking system for the period from 1 January to 31 December 2002.

The attached proposal consequently seeks to extend Decision N° 3/97 of the Association Council, amended by Decision N° 1/99 of the Association Council,extended by Decision N° 1/00 and N° 1/01 of the Association Council, for the period from 1 January to 31 December 2002.

2001/0321 (ACC)

Proposal for a COUNCIL DECISION on the position to be taken by the Community within the EU-Slovak Republic Association Council established by the Europe Agreement between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part, which entered into force on 1 February 1995, extending the double-checking system for the period from 1 January to 31 December 2002, concerning the export of certain steel products from the Slovak Republic to the Community

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Having regard to the Decision of the Council and the Commission of 19 December 1994 on the conclusion of the Europe Agreement between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part, and in particular Article 2(1) thereof,

Whereas:

(1) The Contact Group referred to in Article 10 of Protocol 2 of the Europe Agreement between the European Communities and their Member States of the one part and the Slovak Republic of the other part, which entered into force on 1 February 1995 [10], met on 29 October 2001 to discuss trends in imports of ECSC and EC products from the Slovak Republic into the Community and recognised the need to find appropriate solutions in the framework of Article 34(2) of the Agreement in order to ensure that the attainment of the objectives of the Agreement will not be jeopardised;

[10] OJ N° L 359, 31.12.1994, p.1

(2) The Contact Group therefore agreed to recommend to the Association Council established under Article 104 of the Agreement that the double-checking system introduced in 1998 by Decision N° 3/97 [11] of the Association Council, amended by Decision N° 1/99 [12] of the Association Council, extended by Decisions N° 1/00 [13] and N° 1/01 [14] of the Association Council, should be extended for the period from 1 January to 31 December 2002;

[11] OJ N° L 13, 19.01.1998, p. 71.

[12] OJ N° L 36, 10.02.1999, p. 18.

[13] OJ N° L 67, 15.03.2000, p. 36.

[14] OJ N° L 35, 6.2.2001, p. 38.

(3) The Parties are desirous to promote the orderly and equitable development of trade in steel between the Community and the Slovak Republic;

(4) The Association Council, having been supplied with all relevant information, has determined that the solution acceptable to the two parties which least disturbs the functioning of the Agreement is the extension of the double-checking system, without quantitative limits, for the import into the Community of certain steel products covered by the ECSC and EC Treaties for the period from 1 January to 31 December 2002,

HAS DECIDED AS FOLLOWS:

The position to be taken by the Community within the Association Council established by the Europe Agreement between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part, concerning the export of certain steel products from the Slovak Republic to the European Communities, and in particular the extension of the double-checking system, shall be based on the draft decision of the Association Council annexed to this Decision.

Done at Brussels,

For the Council

The President

DECISION N° ......./2001 OF THE EU-SLOVAK REPUBLIC ASSOCIATION COUNCIL,

of .................... 2001 extending the double-checking system established by Decision N° 3/97 of the Association Council for the period from 1 January to 31 December 2002 (01/...../EC)

THE ASSOCIATION COUNCIL

Whereas:

(1) The Contact Group referred to in Article 10 of Protocol 2 of 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, which entered into force on 1 February 1995, met on 29 October 2001 and agreed to recommend to the Association Council established under Article 104 of the Agreement that the double-checking system introduced in 1998 by Decision N° 3/97 of the Association Council, extended by Decision N° 1/99 thereof for the period from January to 31 December 1999, extended by Decision N° 1/00 thereof for the period from 1 January to 31 December 2000 and extended by Decision N° 1/01 thereof for the period from 1 January to 31 December 2001 should be extended for the period from 1 January and 31 December 2002;

(2) The Association Council, having been supplied with all relevant information, has agreed with this recommendation,

HAS DECIDED AS FOLLOWS :

Article 1

The double-checking system established by Decision N° 3/97 of the Association Council shall continue to apply for the period from 1 January and 31 December 2002. In the Preamble and Article 1 (1) and (3) of the Decision, references to the period '1 January to 31 December 2001' shall be replaced by references to '1 January to 31 December 2002'.

Article 2

This Decision shall enter into force on the date of its adoption.

It shall apply with effect from 1 January 2002.

Done at Brussels,

For the Association Council

The President