Proposal for a COUNCIL REGULATION (EC) establishing transitional measures for trade between the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, on the one hand and the African, Caribbean and Pacific States on the other
Date: 1994-12-09
Institutions: European Commission
Subjects: ACP-EU Convention, alcoholic beverage, customs duties, enlargement of the Union, ethanol, transitional period (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

COM(94) 545 final 
Brussels, 09.12.1994 

94/0279  (ACC) 

Proposal  for a 

COUNCIL REGULATION (EC) 

establishing  transitional  measures for  trade 
between  the Republic of  Austria, 
the Republic  of Finland  and the Kingdom  of  Sweden,  on the one hand 
and the African,  Caribbean  and Pacific  States 
on the other 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

The  Commission,  acting  on  a mandate from  the  Council,  has  opened  negotiations  with 
the ACP countries for  the conclusion  of a protocol  for the accession  of Austria,  Finland 
and  Sweden  to the  fourth  ACP-EEC  Convention.  In  accordance with  Articles 76,  102 
and  128  of  the  Act  of  Accession,  that  protocol  must  enter  into  force  on  the  day  of 
accession,  namely  on  1 January  1995. 

Given  the  limited  time  available,  however,  it  is  very  unlikely  that  the  protocol  could 
actually  enter into force  on  1 January  next year.  Autonomous Community  measures are 
therefore  needed to fill  the legal vacuum that would be created if there were, on the date 
of accession, no legal  act providing for the application to the new Member  States of the 
fourth  Lomé Convention's trade provisions. 

Furthermore, Article 72 of the Act of Accession allows Austria, until  1 January  1996 to 
maintain,  in  respect  of  the  other  Member  States,  the  customs  duties  and  licensing 
arrangements  applied  on  the  date  of  its  accession  to  certain  spirituous  beverages.  In 
consequence,  and  by  virtue  of  the  principle  -  reiterated  in  Article  171  of  the  fourth 
ACP-EEC  Convention  -  that  non-member  countries  may  not  enjoy  more  favourable 
treatment than Member States, transitional measures are needed to ensure equal treatment 
in trade relations between  the ACP countries and  Austria. 

Proposal  for  a Council  Regulation  (EC) 
establishing transitional  measures for  trade 
between the Republic  of  Austria, 
the Republic  of Finland  and the Kingdom  of  Sweden,  on the one hand 
and the African,  Caribbean  and Pacific  States 
on the other 

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,  pursuant  to  articles  76  (2),  102  (2)  and  128  (2)  of  the  Act  of  Accession,  the 
European  Community  and  the  ACP  States  opened  negotiations  for  the  conclusion  of  a 
protocol to adapt the fourth ACP-EEC Convention to take account of the accession of Austria, 
Finland  and  Sweden to the European  Union; 

Whereas  Articles 76 (3),  102 (3) and  128 (3) of the Act of Accession  provide that if  such a 
protocol  has not been concluded by  1  January  1995, the Community  shall take the necessary 
measures to deal with  that  situation  on accession; 

Whereas it appears that the protocol  will  not be concluded by the specified  date and that, in 
these  conditions,  autonomous  transitional  measures  must  be  taken  in  order  for  the  new 
Member  States to  apply  the trade provisions  of the Fourth ACP-EEC  Convention  as from  1 
January  1995; 

Whereas Article 72 of the Act of Accession allows Austria to maintain, until  1  January  1996, 
the customs duties and licensing arrangements it applies on the date of its accession to certain 
spirituous beverages  and undenatured  ethyl  alcohol,  in respect  of  other Member  States; 

HAS ADOPTED  THIS  REGULATION: 

Article 1 

From  1  January  1995 until  the entry into force  of the protocol  referred  to in Articles 76,  102 
and  128  of  the  Act  of  Accession  or  until  31  December  1995,  whichever  is  earlier,  the 
Republic  of  Austria,  the  Republic  of  Finland  and  the Kingdom  of  Sweden  shall  apply  the 
same arrangements to imports of products originating in the ACP States as are applied by the 
other Member  States of the  Community. 

Article 2 

Until  1  January  1996, the Republic of Austria may maintain the customs duties and licensing 
arrangements  which  it  applied  on  the  date  of  its  accession  to  spirituous  beverages  and 
undenatured  ethyl  alcohol  of  an  alcoholic  strength  by  volume  of  less than  80% vol.  falling 
within heading 22.08 of the HS. Any  such licensing arrangements must be applied in a non 
discriminatory  manner. 

Article 3 

This Regulation  shall  enter into force  on the day of its publication in the Official  Journal  of 
the European  Communities. 

It shall  apply  with  effect  from  1 January  1995. 

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

Done at Brussels, 

ISSN 0254-1475 

COM(94) 545 final 

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