PROPOSAL FOR A COUNCIL REGULATION ( EEC ) LIBERALIZING THE SPECIFIC QUANTITATIVE RESTRICTIONS WITH REGARD TO POLAND AND HUNGARY AND AMENDING REGULATIONS ( EEC ) NOS 288/82 AND 3420/83 ACCORDINGLY
Date: 1989-10-16
Institutions: European Commission
Subjects: GATT, Hungary, Poland, quantitative restriction

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(89) 504 final 

Brussels, 17  October 1989 

Proposal for a 

11 frémi lr,l Tig the specif io quantitative restrictions with regard to Poland 
and Hungary and anmllTg Peculations (EEC) Sbe 288/62 and 3420/63 
accordingly 

(presented by the Commission) 

Proposal for a 

CpyNCIL_RE6ULATipN (EEC) 

n K w ^ T l ^ ng the specific quantitative restrictions vi-Ox regard, to Poland 

and Hungary and amending Regulations (EEC) Nos 288/82 and 8420/83 

accordingly 

THE CDONCIL OP THE EORQFBAN OCUMDXUTIES» 

Having regard to the Treaty establishing the European Boononrio Community* 
and in particular Article 113 thereof. 

Having regard to -Use proposal from the Conmission, 

Whereas Council Regulation (ETC) Ho 288/82 on common rules for imports,1 
as last arerrtgri by Council Regulation (SBC) Kb 1243/86,2 applies to 
imports of products originating in ncn-(X*cmtmlty countries vi-th. the 

exception, ffl"»™g others, of products originating in state-trading 

countries; whereas Council Regulation (EEC) NO 5420/83 on import 

arrangements for products originating in state-trading countries, not 
liberalized at Community level,3 as last amended by Regulation (EBC) 
No 27T3/87,4 applies to inrports of products originating from, among other 
countries, Poland and Bangary;  whereas it is laid down in Council 

Regulation (EBO) No 1768/820 on common rules for imports from 
state-trading countries tfcat ajnports of  Vae products oovered fc£ the Annex 
to that Regulation are not subject to any quantitative restriction. 

1 OT No I* 38, 9.2.1982, p. 1. 

2 OT NO L 1X3, 30.4.1986, p. 1. 

3 OT NO L 346, 8.12.1983, p. 6. 

4 0 7 N 0L 217, 6.8.1987, p. 1. 

5  OJ NO L 198, 6.7.1982, p. 1. 

- 2 -

whereas the economio situation in Poland and Hungary has deteriorated with 
increasing rapidity over the last few years with the result that 
undertakings in those countries have become markedly less competitive, and 
whereas, in response to this situation and the challenge it presents, the 
Council adopted an action plan proposed by the Commission for coordinating 
aid from the Western countries to these two countries, one oomponent of 
this plan being Intended to provide help in modernising economio 
structures, notably by increasing exports; 

Whereas, in order to attain this objective, it is essential to remove as 
quickly as possible the quantitative relictions which are referred to in 
Articles 3(a) and 4(a) respectively of the accession protocols of Poland 
and Hungary to GATT and which affect tie placing in free circulation within 
the Community of certain products originating In the countries concerned; 
whereas the restrictions should be removed from 1 January 1990; 

Whereas, with the exception of products covered by Regulation (SBC) 
No 1768/82, the placing in free circulation witfcin the Community of 
products originating  ÛIL Poland and Hungary has hitherto come within the 
scope of the above-mentioned Regulation (ESC) No 3420/83;  whereas from 
1 January 1990, by tfce removal of the quantitative restrictions referred to 
above, tfce position of these two countries, as regards the existence of 
restrictions, will be aligned on that of the other contracting parties to 
the General Agreement on Tariffs and Trade which are not state-trading 
countries, for which the placing of products in free circulation within the 
Ccammmity oomes within the scope of Regulation (EEC) No 288/82;  with 
regard, however, to tabs adoption of safeguard measures, it is neoessaxy, in 
accordance with Article 1(2) of Regulation (EEC) No 3420/83, to observe the 
relevant provisions of the trade and coopération agreements signed between 
the Community and Hungary on 21 November 19680 and between the Community 
and Poland on 19 September I9607;  whereas, therefore, in these 
circumstances, 

6 GJ NO L 327, 30.11.1988, p. 2. 
7 Not yet published. 

- 3 -

from 1 January 1990, without prejudioe to Regulation (BBC) No 1765/82, the 
placing in free circulation within the Community of products originating in 
the two countries concerned will be subject to the provisions of Regulation 
(EBC) NO 288/82, 

HAS Mxyrap *""y RasrjLAnaf: 

Article i 

Hhe following paragraph shall be added to Article l of Regulation (EEC) 
NO 288/82 as follows: 

"3. Notwithstanding paragraphs 1 and 2, the only quantitative 
restrictions which the Member States may maintain with regard to Hungary 
and Poland are the restrictions on the products listed in Annex I to 
this Regulation.N 

The words "other than Hungary and Poland" shall be inserted after the words 
"state-trading countries- in Article 2(1) of Regulation (EBC) NO 3420/63. 

This Regulation shall enter into force on the third day following that of 
its publication  in  the Official Journal of the European Communities-  It 
shall apply from 1 January 1990. 

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(89) 504 final 

DOCUMENTS 

EN 

1102 

Catalogue number : CB-CO-89-468-EN-C 

ISBN 92-77-53797-3 

Office for Official  Publications of the European Communities 
L~2985 Luxembourg