COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(93)179 final 
Brussels, 5 May 1993 
Proposal for a 
COUNCIL REGULATION (EEC) 
on certain procedures for applying the 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 
Proposal for a 
COUNCIL REGULATION (EEC) 
on certain procedures for applying the 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 
(presented by the Commission) 
Explanatory memorandum 
1. The proposed regulations aim at the introduction of the 
modalities for the application of certain safeguard measures 
and measures of commercial protection contained in the interim 
agreements preceding the Europe Agreements concluded between 
the European Economic Community and the Coal and Steel 
Community of the one part and Romania and Bulgaria of the 
other part. 
2. The objectif is the introduction of specific rules to the 
general provisions concerning the import regime including the 
provisions establishing a protection against subsidies and 
dumping practices in relation with imports from third 
countries. The specific rules shall abide by the obligations 
undertaken in the interim agreements and shall respect the 
Community procedure for the application of such measures. 
3. The regulatvlions are to a large extent similar or even 
identical to the regulations adopted for the application of 
the Lome-agreements'-) and the agreement between the CEE and 
Austria2 >. 
1) O.J. Nr. L 358 of 21.12.1990, p. 4 
2) O.J. Nr. L 74 of 20.03.1990, p. 1 
Proposal for a 
COUNCIL REGULATION (EEC) N* 
Of 
on certain procedures for applying the 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 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
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 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 (hereinafter 
referred to as "the Agreement") was signed in Brussels on 
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*288/82 of 5 February 1982 on 
common rules for imports*1^, last modified by Council Regulation 
(EEC) N* 2727/90 of 26.9.19902> 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 Economic Community 
3). 
(1) 0J N'L 35, 9.2.1982, p.1 
2) O.J.L 262 of 26.9.1990, p.11 
3) 0J N'L 209, 2.8.1988, p.1 
Whereas account should be taken of the undertaking 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 have been adopted for safeguard measures 
concerning the textile products covered by Protocol 1 of the 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 
Article 1) 
Provisions for the application of Article 15 (2) and (4) of the 
Agreement concerning agricultural products failing within Annex M of 
the Treaty and subject in the framework of the common market 
organization to a regime of levies and concerning products falling with 
CN codes 0711 90 40, 2003 10 20 and 2003 10 30 shall be adopted in 
accordance with the procedure provided for in Article 26 of Regulation 
(EEC) N'2727/754) or in the corresponding provisions of other 
regulations establishing a common organization of the agricultural 
markets. 
4) Council Regulation (EEC) N*2727/75 of 29 October 1975 on the 
comlon organization of the market in cereals (OJ N*L 281, 
1.11.75, p.1). Regulation last amended by Regulation (EEC) 
N*3653/90 (OJ N-L362, 2712.1990, p.28). 
4-
These provisions may provide for the introduction of a system of import 
certificates in those sectors in which such certificates are not 
provided for by the common organization of agricultural markets. 
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 23 and 46 (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 34 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 
doption 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. Such safeguard measures shall be taken only under 
conditions set out in Article 34 (6) of the Agreement. 
\ 2. In the case of a practice that may cause measures to be applied 
to the Community by Romania on the basis of Article 34 (6) 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. 
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 24 of the 
Agreement, the introduction of anti-dumping measures shall be decided 
upon in accordance with the provisions laid down in Regulation (EEC) 
W2423/88 and the procedure provided for ia Article 28 par. 2 and par. 
3 (b) and (d) of the Agreement. 
Article 5) 
1. Where a Member State requests the Commission to apply safeguard 
measures as provided for in Articles 25 or 26 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 upon qualified majority, indicates its intention 
to adopt a different decision, the Commission shall inform Romania 
thereof forthwith and shall notify it of the opening of consultations 
within the Joint Committee as provided for in Article 28 (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 Romania within the Joint Committee. 
2. The Commission shall be assisted by a committee (hereinafter 
referred to as the "Committee") composed of representatives of the 
Member states and chaired by a representative of the Commission. 
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 25 or 26 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 Romania and notify the Joint 
Committee of the opening of consultations as referred to in 
Article 28 (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 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 25 and 26 of the Agreement. 
5. The decision referred to in paragraph 4 shall be notified 
forthwith to the Council, the Member States and Romania; 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 within the Joint Committee or, as the case 
maybe, 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 qualified majority, may adopt a different decision within two 
months. 
Article 6) 
1. Where exceptional circumstances arise within the meaning of 
Article 28 (3) (d) of the Agreement, the Commission may take 
immediate safeguard measures in the cases referred to in Articles 25 
and 26 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, par. 6 to 8 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 procedures laid down in the 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 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 16 and 25 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 16 or Article 28 (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. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States 
Done at Brussels, 
For the Council 
The President 
Proposal for a 
COUNCIL REGULATION (EEC) N* 
Of 
on certain procedures for applying the 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 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
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 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 (hereinafter referred to as "the Agreement") was signed in 
Brussels on 
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*288/82 of 5 February 1982 on 
common rules for imports^1), last modified by Council regulation 
(EEC) N* 2727/90 of 26 September 19902> 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 Economic 
Commun ity3>; 
Whereas account should be taken of the undertaking 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 have been adopted for safeguard measures 
concerning the textile products covered by Protocol 1 of the 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 
Article 1) 
Provisions for the application of Article 15 (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 
(1) OJ N*L 35, 9.2.1982, p.1 
2) O.J. L 262 of 26.9.1990 
3) OJ N'L 209, 2.8.1988, p.1 
organization to a regime of levies and concerning products falling with 
CN codes 0711 90 40, 2003 10 20 and 20031030 shall be adopted in 
accordance with the procedure provided for in Article 26 of Regulation 
(EEC) N*2727/75^) or in the corresponding provisions of other 
regulations establishing a common organization' of the agricultural 
markets. These provisions may provide for the introduction of a 
system of import certificates in those sectors in which such 
certificates are not provided for by the common organization of 
agricultural markets. 
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 23 and 46 (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 34 of the Agreement, 
the Commission, after examining the case, on its own initiative or at 
4) Council Regulation (EEC) N'2727/75 of 29 October 1975 on the 
com Ion organization of the market in cereals (OJ N'L 281, 
1.11.75, p.1). Regulation last amended by Regulation (EEC) 
N'3653/90 (OJ N*L362, 2712.1990, p.28). 
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. Such safeguard measures shall be taken only under 
conditions set out in Article 34 (6) of the Agreement. 
2. In the case of a practice that may cause measures to be applied to 
the Community by Bulgaria on the basis of Article 34 (6) 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. 
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 24 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 procedure provided for in Article 28 par. 2 and par. 
3 (b) and (d) of the Agreement. 
Article 5) 
1. Where a Member state requests the Commission to apply safeguard 
measures as provided for in Articles 25 or 26 of the Agreement, it 
shall provide the Commission, in support of its request, with the 
information needed to justify it. 
/( M 
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 upon qualified majority, indicates its intention 
to adopt a different decision, the Commission shall inform Bulgaria 
thereof forthwith and shall notify it of the opening of consultations 
within the Joint Committee as provided for in Article 28 (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 Bulgaria within the Joint Committee. 
2. The Commission shall be assisted by a committee (hereinafter 
referred to as the "Committee") composed of representatives of the 
Member States and chaired by a representative of the Commission. 
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 25 or 26 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 Bulgaria and notify the Joint 
Committee of the opening of consultations as referred to in 
Article 28 (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 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 25 and 26 of the Agreement. 
5. The decision referred to in paragraph 4 shall be notified 
forthwith to the Council, the Member states and Bulgaria; 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 within the Joint Committee or, as the case 
maybe, 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 qualified majority, may adopt a different decision within two 
months. 
It 
Article 6) 
1. Where exceptional circumstances arise within the meaning of 
Article 28 (3) (d) of the Agreement, the Commission may take 
immediate safeguard measures in the cases referred to in Articles 25 
and 26 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, par. 6 to 8 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 procedures laid down in the 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 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 16 and 25 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 16 or Article 28 (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. 
This Régulât ion sha11 be binding in its entirety and 
directly applicable in all Member States 
Done st Brussels, 
For the CounciI 
The President 

ISSN 0254-1475 
COM (93) 179 final 
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Catalogue number : CB-CO-93-208-EN-C 
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