Proposal for a COUNCIL REGULATION ( EEC ) on certain modalities for the application of 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 Hungary, of the other part
Date: 1992-02-25
Institutions: European Commission
Subjects: Hungary, agreement (EU), agricultural product, import policy, protective clause, trade agreement (EU)

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(92) 62 final 

Brussels, 25 February  1992 

Proposal for a 
COUNCIL REGULATION  (EEC) 
on certain modalities  for the application of 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 Poland, of the other part 

Proposal for a 
COUNCIL REGULATION  (EEC) 
on certain modalities  for the application of 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 Hungary, of the other part 

Proposal for a 
COUNCIL REGULATION  (EEC) 
on certain modalities  for the application of 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 Czech and Slovak Republic, of the other part 

(presented by the Commission) 

Explanatory  memorandum 

1. 

2. 

3. 

4. 

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 
European Coal and Steel Community of the one partPoland, 
Hungary and Czechoslovakia of the other part. 

The objectif  is the introduction of specific rules to the 
general provisions concerning the common 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 
moreover  in the light of the completion of the single 
market introduce a Community procedure for the application 
of such measures. 

The regulations  introduce moreover rules concerning  the 
possible application of safeguard measures in the area of 
the common market organizations for agricultural  products 
and in the area of processed agricultural goods. 

The regulations are to a large extent similar or even 
identical to those adopted  for the application of the 
Lomé-agreements1) and the agreement between the CEE and 
Austria2). 

1) O.J. Nr. L 358 of 21.12.1990,p. 4 
2) O.J. N° L 74 Of 20.3.1990, p. 1 

Proposai  for 

REGULATION  (EEC)  OF THE COIINC!) 

on certain modalities  for  the application of  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 Poland of  the other  part 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

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 Poland  of  the other  part 
("the  Agreement") was signed  in Brussels on  16 December  1991; 

WHEREAS,  it  is  necessary  to  lay  down  the  modalities  for  the 
implementation of certain  provisions of  the Agreement; 

WHEREAS,  this  Regulation  lays  down  the  specific  provisions  concerning 
the  general  rules  set  out  in  Council  Regulation  (EEC) N°  288/82  of  5 
February  1982  on  common  rules  for  imports1),  as  last  amended  by 
Regulation  (EEO2727/90  of  26  September  1990  2)  and  in  Council 
Regulation  (EEC) 2423/88 of  11  July  1988 on  protection  against  dumped 
or  subsidized  imports  from  countries  not  members  of  the  European 
Economic Community3^  where  the Agreement  makes  this  necessary, 

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  establishing  the European  Economic  Community; 

WHEREAS,  specific  provisions  have  been  adopted  concerning  safeguard 
measures  to be applied  to textile products  referred  to  in Protocol  1 of 
the Agreement; 

1) O.J. L 35, 9.2.1982, p.1 
2) O.J. L 262 of 26 September  1990, P. 11 
3) O.J. .N° L .209. 2.8.88, p,.18 

WHEREAS  specific  procedures  have  to  be  introduced  for  the  application 
of  safeguard  measures  in  the  agricultural  sectors; 

Title  I : Agricultural  products 

Article  1. 

and  subject 

in  the  framework  of  a  common 

Provisions  for  the  implementation  of  Article  14  paragraph  2  and  4  of 
the  Agreement  concerning  agricultural  products  coming  under  Annex  II  of 
market 
the  Treaty 
organization  to  a  regime  of  levies  and  concerning  products  falling 
within  NC  code  0711.50  and  2003.1010  are  adopted  in  accordance  with 
Article  26  of  Regulation  (CEE)  N°  2727/75  of  9  October  19755 )or  in 
accordance  with  the  corresponding  provisions  of  other  regulations 
establishing  a  common  organization  of  the  agricultural  markets.  These 
provisions  may  provide  for  the  introduction  of  import  certificates  in 
those  sectors  in  which  such  certificates  are  not  provided  for  by  the 
common  organisation  of  agricultural  markets. 

Title  II:  Protective  measures 

Article  2 

The  Council  may,  in  accordance  with  the  procedure  provided  for  in 
Article  113  of  the  Treaty,  decide  to  make  a  reference  to  the  Joint 
Committee  established  by  the  Agreement  concerning  the  measures  provided 
for  in  Articles  22  and  44,  paragraph  2.  Where  necessary,  the  Council 
shall  adopt  these  measures  in  accordance  with  the  same  procedure. 

The  Commission  may  submit  the  necessary  proposals  to  this  end  on  its 
own  initiative  or  at  the  request  of  a Member  State. 

Article  3 

1. 
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 
Where  necessary  it  shall  propose  the 
compatible  with  the  Agreement. 

5)  J..0»U..281 ,of  1 november  1975 

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  case  of  public  aids,  to which  regulation  (EEC) N°  2423/88 
latter  measures  shall  be  taken  according  to  the 
applies  which 
procedures  laid  down  in  that  regulation. 

In  the  case  of  a  practice  that  may  cause  safeguard  measures  to  be 
2. 
applied  to  the  Community  on  the  basis  of  Article  33  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  dumping,  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)  N°2423/88 
and  the  procedure  provided  for  in  Articles  27  paragraph  2  and  27 
paragraph  3  (b) or ( d ). 

Article  5 

Where  a  Member  State  requests  the  Commission  to  apply  safeguard 
1. 
measures  as  provided  for  in  Articles  24  or  25  of  the  Agreement,  it 
shall  provide  the  Commission  with  the  information  needed  to  justify 
it's  request  to  apply  safeguard  measures. 

If  the  Commission  decides  not  to  apply  them,  the  Commission  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  10 working  days  of  its  notification. 

If  the  Council,  acting  by  a  qualified  majority,  indicates  it's 
intention  to  adopt  a  different  decision,  the  Commission  shall  inform 
the 
the  Republic  of  Poland  and  shall 
consultations  within 
in 
Article  27,  paragraphs  2  and  3 of  the  Agreement. 

notify 
the  Mixed  Commission 

the  opening  of 
as  provided 

for 

The  Council,  acting  at  a qualified  majority,  may  take  such  a different 
decision  within  20 working  days  after  the  conclusion  of  the 
consultations with  Poland within  that  commission. 

2. 
The  Commission  shall  be  assisted  by  a  committee  composed  of 
representatives of  the Member  States and  chaired  by a representative of 
the Commission  ("the  Committee"). 

The  committee  shall  meet  when  convened  by  its  chairman.  The  latter 
shall  communicate  any  appropriate  information  to  the  member  States 
without  delay. 

3. 
Where  the Commission,  at  the request  of  a Member  State or  on  its 
own  initiative,  decides  that  the  safeguard  measures  provided  for  in 
Articles 24 or  25 of  the Agreement  should  be applied: 

it  shall  inform  the  Member  State  forthwith  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  (hereinafter  referred  to  as  "the 
commi ttee"), 

at  the  same  time  it  shall  inform  the  Republic  of  Poland  and 
notify  the  Joint  Committee  of  the  opening  of  consultations  as 
referred  to  in Article  27 paragraphs  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  30 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  30 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. 

The  decision  referred  to  in  paragraph  4  shall  be  notified 
5. 
forthwith  to  the  Council,  the  Member  States  and  the  Republic  of  Poland. 
It  shall  also  be  notified  to  the  Joint  Committee. 

It  shall  be  immediately  applicable. 

6. 
Any  Member  State  may  refer  the  Commission  decision  referred  to  in 
paragraph  4  to  the  Council  within  10 working  days  of  receiving 
notification  of  the  decision. 

If  the  Commission  has  not  taken  a  decision  within  10 working  days 
7. 
following  the  end  of  the  consultations  with  the  Joint  Committee  or,  as 
the  case  may  be,  the  end  of  the  period  of  30  days,  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  respectively  the 
Council,  acting  by  a  qualified  majority,  may  adopt  a  different  decision 
within  20  working  days. 

Article  6 

1. 
Where  exceptional  circumstances  arise  within  the  meaning  of 
Article  27  paragraph  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  following  receipt  of 
the  request. 

It  shall  notify  the  Council  and  the  Member  States  of  its  decision. 

Any  Member  State  may  refer  the  Commission's  decision  to  the 
3. 
Council  in  accordance  with  the  procedure  provided  for  in  Article  5 
paragraph  6  of  this  regulation. 

The  procedure  set  out  in  Article  5  paragraphs  6  to  8  shall  be 
applicab le. 

-8 

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  procedure  laid  down  in  the  preceding  subparagraphs. 

Art icle  7 

The  procedures  laid  down  in  Articles  5  and  6  shall  not  apply  to 
products  referred  to  in  Protocol  1  (on  textile  and  clothing  products) 
of  the  Agreement. 

Article  8 

By  derogation  to  Articles  5  and  6,  if  the  circumstances  demand 
1. 
that  measures  are  taken  concerning  agricultural  products  on  the  basis 
of  Articles  15 and  24 of  the  Agreement  or  on  the  basis  of  provisions  in 
the  Annexes  covering  these  products,  such  measures  shall  be  taken 
according  to  procedures  laid  down  in  the  regulations  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  Articles  15  or  27, 
paragraph  2  and  3 of  the  Agreement  are  met. 

Article  9 

Notification  to  the  Joint  Committee  by  the  Community  as  required  by 
the  Agreement  shall  be  the  responsibility  of  the  Commission. 

Article  10 

The  provisions  of  this  regulation  do  not  preclude  the  application  of 
safeguard  measures  provided  for  in  the  Treaty  establishing  the  European 
Economic  Community,  in  particular  Articles  108  and  109,  according  to 
the  procedures  laid  down  therefore. 

y 

Article  11 

This  Regulation  shall  enter  into  force  on 

1992. 

This  Regulation  shall  be  binding 
applicable  in all  Member  States. 

in  its  entirety  and  directly 

Done  at  Brussels, 

For  the  CounciI, 
The  President, 

-A» 

Draft  joint  declaration 

The  Council  and  the  Commission  declare  that  it  is  advisable  in  the 
context  of  the completion  of  the Single market  on  1.1.1993  to confer  on 
the  Commission  the  powers  for  execution  as  far  as  the  commercial 
concessions  granted  by  the  international  agreements  concluded  by  the 
Community  are concerned.  To  this end  the Council  invites  the  Commission 
to submit  the necessary  proposals as soon as possible. 

M 

Proposal  for 

REGULATION  (EEC) OF THE COUNCIL 

on certain modalities for  the application of  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 Hungary of  the other part 

THE COUNCIL OF THE  EUROPEAN  COMMUNITIES, 

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  Hungary  of  the  other 
part  ("the  Agreement") was signed  in Brussels on  16 December  1991; 

WHEREAS,  it  is  necessary  to  lay  down  the  modalities  for  the 
implementation of certain provisions of  the Agreement; 

WHEREAS,  this  Regulation  lays  down  the  specific  provisions  concerning 
the  general  rules  set  out  in Council  Regulation  (EEC) N°  288/82  of  5 
February  1982  on  common  rules  for  imports1),  as  last  amended  by 
Regulation  (EEO2727/90  of  26  September  1990  2)  and  in  Council 
Regulation  (EEC) 2423/88 of  11 July  1988 on  protection  against  dumped 
or  subsidized  imports  from  countries  not  members  of  the  European 
Economic Community3) where  the Agreement  makes  this necessary, 

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 establishing  the European  Economic  Community; 

WHEREAS,  specific  provisions  have  been  adopted  concerning  safeguard 
measures  to be applied  to textile products  referred  to  in Protocol  1 of 
the Agreement ; 

1) O.J. L 35, 9.2.1982, p.1 
2) O.J. L 262 of  26 September  1990, P. 11 
31 O  I  N° I onq  2.8.88. p.18 

-At 

WHEREAS,  specific  procedures  have  to  be  introduced  for  the  application 
of  safeguard  measures  in  the  agricultural  sectors 

Title  I  : Agricultural  products 

Article  1. 

and  subject 

in  the  framework  of  a  common 

Provisions  for  the  implementation  of  Article  14  paragraph  2  and  4  of 
the  Agreement  concerning  agricultural  products  coming  under  Annex  II  of 
market 
the  Treaty 
organization  to  a  regime  of  levies  and  concerning  products  falling 
within  NC  code  0711.50  and  2003.1010  are  adopted  in  accordance  with 
Article  26  of  Regulation  (CEE)  N°  2727/75  of  9  October  19755>or  in 
accordance  with  the  corresponding  provisions  of  other  regulations 
establishing  a  common  organization  of  the  agricultural  markets.  These 
provisions  may  provide  for  the  introduction  of  import  certificates  in 
those  sectors  in  which  such  certificates  are  not  provided  for  by  the 
common  organisation  of  agricultural  markets. 

Title  II: Protective  measures 

Art icle  2 

The  Council  may,  in  accordance  with  the  procedure  provided  for  in 
Article  113  of  the  Treaty,  decide  to  refer  to  the  Joint  Committee 
established  by  the  Agreement  for  the  purpose  of  taking  the  measures 
provided  for  in  Articles  22  and  43,  paragraph  2.  Where  necessary,  the 
Council  shall  adopt  these  measures  in  accordance  with  the  same 
procedure. 

The  Commission  may  submit  the  necessary  proposals  to  this  end  on  its 
own  initiative  or  at  the  request  of  a Member  State. 

Art icle  3 

In  the  case  of  a  practice  that  may  justify  application  by  the 
1. 
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 

5)  .i-O.L. 284  of  1  november .1975 

* 

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 case of public aids, to which  regulation  (EEC) N° 2423/88 
applies, when measures  are  taken  according  to  the procedures  laid  down 
in that  régulât ion. 

2. 
In the case of a practice  that may  cause safeguard  measures  to be 
applied  to  the  Community  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. 

Article 4 

In  the  case  of  dumping,  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) N°2423/88 
for  in  Articles  27  paragraph  2  and  27 
and  the  procedure  provided 
paragraph  3  (b) or (d). 

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  with  the  information  needed  to  justify 

it's  request  to apply  safeguard measures. 

If  the  Commission  decides  not  to  apply  them,  the  Commission  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  10 working  days of  its notification. 

-Àl\ 

If  the  Council,  acting  by  a  qualified  majority,  indicates  it's 
intention  to  adopt  a  different  decision,  the  Commission  shall  inform 
the  Republic  of  Hungary  and  shall  notify  the  opening  of  the 
consultations  within  the  Mixed  Commission  as  provided  for  in  Article 
27,  paragraphs  2  and  3 of  the  Agreement. 
The  Council,  acting  at  a  qualified  majority,  may  take  such  a  different 
decision  within  20  working  days  after 
the 
consultations  with  Hungary  within  that  commission. 

the  conclusion  of 

2. 
The  Commission  shall  be  assisted  by  a  committee  composed  of 
representatives  of  the  Member  States  and  chaired  by  a  representative  of 
the  Commission  ("the  Committee"). 

The  committee  shall  meet  when  convened  by  its  chairman.  The  latter 
shall  communicate  any  appropriate  information  to  the  member  States 
without  delay. 

3. 
Where  the  Commission,  at  the  request  of  a Member  State  or  on  its 
own  initiative,  decides  that  the  safeguard  measures  provided  for  in 
Articles  24 or  25  of  the  Agreement  should  be  applied: 

inform  the  Member  State  forthwith  or,  if  it  is 

it  shall 
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  the  Republic  of  Hungary  and 
notify  the  Joint  Committee  of  the  opening  of  consultations  as 
referred  to  in Article  27  paragraphs  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  30  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  30  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. 

-Kb-

The  decision  referred  to  in  paragraph  4  shall  be  notified 
5. 
forthwith  to  the  Council,  the  Member  States  and  the  Republic  of 
Hungary.  It  shall  also  be  notified  to  the  Joint  Committee. 

It  shall  be  immediately  applicable. 

6. 
Any  Member  State  may  refer  the  Commission  decision  referred  to  in 
paragraph  4  to  the  Council  within  10 working  days  of  receiving 
notification  of  the  decision. 

If  the  Commission  has  not  taken  a  decision  within  10 working  days 
7. 
following  the  end  of  the  consultations  with  the  Joint  Committee  or,  as 
the  case  may  be,  the  end  of  the  period  of  30  days,  any  Member  State 
which  has  referred  the  matter  to  the  Commission  in  accordance  with 
paragraph  3 may  refer  it  to  the  Council. 

In  the  cases  referred  to  in  paragraphs 

8. 
6  and  7  the  Council, 
acting  by  a  qualified  majority,  may  adopt  a  different  decision  within 
20  working  days. 

Article  6 

1. 
Where  exceptional  circumstances  arise  within  the  meaning  of 
article  27  paragraph  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  following  receipt  of 
the  request. 

It  shall  notify  the  Council  and  the  Member  States  of  its  decision. 

Any  Member  State  may  refer  the  Commission's  decision  to  the 
3. 
Council  in  accordance  with  the  procedure  provided  for  in  article  5 
paragraph  6  of  this  Regulation. 

The  procedure  set  out  in  Article  5  paragraphs  6  to  8  shall  be 
appl icable. 

-kt> 

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  procedure  laid  down  in  the  preceding  subparagraphs. 

Article  7 

The  procedures  laid  down  in  Articles  5  and  6  shall  not  apply  to 
products  referred  to  in  Protocol  1  (on  textile  and  clothing  products) 
of  the  Agreement 

Article  8 

1. 
By  derogation  to  Articles  5  and  6,  if  the  circumstances  demand 
that  measures  are  taken  concerning  agricultural  products  on  the  basis 
of  Articles  15  and  24  of  the  Agreement  or  on  the  basis  of  provisions  in 
the  Annexes  covering  these  products,  such  measures  shall  be  taken 
according  to  procedures  laid  down  in  the  regulations  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  Articles  15  or  27, 
paragraph  2  and  3 of  the  Agreement  are  met. 

Art icle  9 

Notification  to  the  Joint  Committee  by  the  Community  as  required  by 
the  Agreement  shall  be  the  responsibility  of  the  Commission. 

Article  10 

The  provisions  of  this  regulation  do  not  preclude  the  application  of 
safeguard  measures  provided  for  in  the  Treaty  establishing  the  European 
Economic  Community,  in  particular  Articles  108  and  109,  according  to 
the  procedures  laid  down  therefore. 

M 

A r t i c le  11 

This  Regulation  shall  enter  into  force  on 

1992. 

This  Regulation  shall  be  binding  in  its  entirety  and  directly 
applicable  in all  Member  States. 

Done  at  Brussels, 

For  the  Counci I, 
The  President, 

-A8 

Draft  joint  declaration 

The  Council  and  the  Commission  declare  that  it  is  advisable  in  the 
context  of  the completion  of  the Single market  on  1.1.1993  to confer  on 
the  Commission  the  powers  for  execution  as  far  as  the  commercial 
concessions  granted  by  the  international  agreements  concluded  by  the 
Community  are concerned. To this end  the Council  invites  the  Commission 
to submit  the necessary  proposals as soon  as possible. 

» 

Proposal  for 

REGULATION  (EEC) OF THE COUNCIL 

on certain modalities for  the application of  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 
Czech  and Slovak  Federal  Republic  of  the other  part 

THE COUNCIL OF THE  EUROPEAN  COMMUNITIES, 

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  Czech  and  Slovak  Federal  Republic 
of  the  other  part  ("the  Agreement")  was  signed  in  Brussels  on  16 
December  1991 ; 

WHEREAS,  it  is  necessary  to  lay  down  the  modalities  for  the 
implementation of certain provisions of  the Agreement; 

WHEREAS,  this  Regulation  lays  down  the  specific  provisions  concerning 
the  general  rules  set  out  in Council  Regulation  (EEC) N°  288/82  of  5 
February  1982  on  common  rules  for  imports1),  as  last  amended  by 
Regulation  (EEO2727/90  of  26  September  1990  2)  and  in  Council 
Regulation  (EEC) 2423/88 of  11 July  1988 on  protection  against  dumped 
or  subsidized  imports  from  countries  not  members  of  the  European 
Economic Community3^  where  the Agreement  makes  this necessary, 

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 establishing  the European  Economic  Community; 

1) O.J. L 35, 9.2.1982, p.1 
2) O.J. L 262 of 26 September  1990, P. 11 
3) O..I. N° l 209, 2.8.88. D.18 

*> 

WHEREAS,  specific  provisions  have  been  adopted  concerning  safeguard 
measures  to  be  applied  to  textile  products  referred  to  in Protocol  1 of 
the  Agreement; 

WHEREAS,  specific  procedures  have  to  be  introduced  for  the  application 
of  safeguard  measures  in  the  agricultural  sectors; 

Title  I : Agricultural  products 

Art icle  1. 

Provisions  for  the  implementation  of  Article  14  paragraph  2  and  4  of 
the  Agreement  concerning  agricultural  products  coming  under  Annex  II  of 
the  Treaty  and  subject 
in  the  framework  of  a  common  market 
organization  to  a  regime  of  levies  and  concerning  products  falling 
within  NC  code  0711.50  and  2003.1010  are  adopted  in  accordance  with 
Article  26  of  Regulation  (CEE)  N°  2727/75  of  9  October  19755>or  in 
accordance  with  the  corresponding  provisions  of  other  regulations 
establishing  a  common  organization  of  the  agricultural  markets.  These 
provisions  may  provide  for  the  introduction  of  import  certificates  in 
those  sectors  in  which  such  certificates  are  not  provided  for  by  the 
common  organisation  of  agricultural  markets. 

Title  II:  Protective  measures 

Article 2 

The  Council  may,  in  accordance  with  the  procedure  provided  for  in 
Article  113  of  the  Treaty,  decide  to  make  a  reference  to  the  Joint 
Committee  established  by  the  Agreement  concerning  the measures  provided 
for  in  Articles  22  and  44,  paragraph  2.  Where  necessary,  the  Council 
shall  adopt  these  measures  in accordance  with  the  same  procedure. 

The  Commission  may  submit  the  necessary  proposals  to  this  end  on  its 
own  initiative or  at  the  request  of  a Member  State. 

Article  3 

5) J..0»U..?81 of  1 november,1975 

-«H 

In  the  case  of  a  practice  that  may  justify  application  by  the 
1. 
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  case  of  public  aids,  to which  regulation  (EEC) N°  2423/88 
applies  which  latter  measures  shall  be  taken  according  to  the 
procedures  laid  down  in  that  regulation. 

2. 
In  the  case  of  a  practice  that  may  cause  safeguard  measures  to  be 
applied  to  the  Community  on  the  basis  of  Article  33  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. 

Art icle  4 

In  the  case  of  dumping,  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)  N°2423/88 
for  in  Articles  27  paragraph  2  and  27 
and  the  procedure  provided 
paragraph  3  (b) or (d). 

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  with  the  information  needed  to  justify 
it's  request  to  apply  safeguard  measures. 

If  the  Commission  decides  not  to  apply  them,  the  Commission  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  10 working  days  of  its  notification. 

fr 

If  the  Council,  acting  by  a  qualified  majority,  indicates  it's 
intention  to  adopt  a  different  decision,  the  Commission  shall  inform 
the  Czech  and  Slovak  Federal  Republic  and  shall  notify  the  opening  of 
the  consultations  within  the  Mixed  Commission  as  provided  for  in 
Article  27, paragraphs  2 and 3 of  the Agreement. 

The  Council,  acting  at  a qualified  majority,  may  take  such  a different 
decision  within  20  working  days  after  the  conclusion  of  the 
consultations with Czechoslovakia within  that  commission. 

2. 
The  Commission  shall  be  assisted  by  a  committee  composed  of 
representatives of  the Member  States and chaired  by a representative of 
the Commission  ("the  Committee"). 

The  committee  shall  meet  when  convened  by  its  chairman.  The  latter 
shall  communicate  any  appropriate  information  to  the  member  States 
without  delay. 

3. 
Where  the Commission,  at  the request  of a Member  State or  on  its 
own  initiative,  decides  that  the  safeguard  measures  provided  for  in 
Articles  24 or  25 of  the Agreement  should  be applied: 

it  shall  inform  the  Member  State  forthwith  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,  (hereinafter  referred  to as  "the 
commi ttee"), 

at  the  same  time  it  shall  inform  the  Czech  and  Slovak  Federal 
Republic  and  notify  the  Joint  Committee  of  the  opening  of 
consultations as referred  to  in Article 27 paragraphs  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  30 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  30  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. 

5. 
The  decision  referred  to  in  paragraph  4  shall  be  notified 
forthwith  to  the  Council,  the  Member  States  and  the  Czech  and  Slovak 
Federal  Republic.  It  shall  also  be  notified  to  the  Joint  Committee. 

It  shall  be  immediately  applicable. 

6. 
Any  Member  State  may  refer  the  Commission  decision  referred  to  in 
paragraph  4  to  the  Council  within  10 working  days  of  receiving 
notification  of  the  decision. 

7. 
If  the  Commission  has  not  taken  a  decision  within  10 working  days 
following  the  end  of  the  consultations  with  the  Joint  Committee  or,  as 
the  case  may  be,  the  end  of  the  period  of  30  days,  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  respectively  the 
Council,  acting  by  a  qualified  majority,  may  adopt  a  different  decision 
within  20 working  days. 

Article  6 

1. 
Where  exceptional  circumstances  arise  within  the  meaning  of 
article  27  paragraph  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  following  receipt  of 
the  request. 

It  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 
paragraph  6 of  this  regulation. 

-à\ 

The  procedure  set  out  in  Article  5  paragraphs  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 procedure  laid down  in the preceding  subparagraphs. 

Article 7 

The  procedures  laid  down  in  articles  5  and  6  shall  not  apply  to 
products  referred  to  in Protocol  1 ( on  textile  and  clothing  products) 
of  the Agreement. 

Art icle 8 

By  derogation  to  Articles 5  and 6,  if  the  circumstances  demand 
1. 
that  measures  are  taken  concerning  agricultural  products  on  the  basis 
of Articles  15 and 24 of  the Agreement  or on  the basis of  provisions  in 
the  Annexes  covering  these  products,  such  measures  shall  be  taken 
according  to  procedures  laid  down  in  the  regulations  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  Articles  15  or 27, 
paragraph  2 and 3 of  the Agreement  are met. 

Art icle 9 

Notification  to  the  Joint  Committee  by  the  Community  as  required  by 
the Agreement  shall  be  the responsibility of  the  Commission. 

Article  10 

The  provisions  of  this  regulation  do  not  preclude  the  application  of 
safeguard measures provided  for  in the Treaty establishing  the European 
Economic  Community,  in  particular  Articles  108  and  109,  according  to 
the procedures  laid  down  therefore. 

A r t i c le  11 

This  Regulation  shall  enter  into  force  on 

1992. 

This  Regulation  shall  be  binding 
applicable  in all  Member  states. 

in  its  entirety  and  directly 

Done  at  Brussels, 

For  the  CounciI, 
The  President, 

$ 

Draft  joint  declaration 

The  Council  and  the  Commission  declare  that  it  is  advisable  in  the 
context  of  the completion  of  the Single market  on  1.1.1993  to confer  on 
the  Commission  the  powers  for  execution  as  far  as  the  commercial 
concessions  granted  by  the  international  agreements  concluded  by  the 
Community  are concerned.  To this end  the Council  invites  the  Commission 
to submit  the necessary  proposals as soon as possible. 

ISSN 0254-1475 

COM(92) 62 final 

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11 

Catalogue number : CB-CO-92-070-EN-C 

ISBN 92-77-41481-2 

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