Draft DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL establishing transitional measures for tade 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 in products falling within the ECSC Treaty
Date: 1994-12-09
Institutions: European Commission
Subjects: ACP countries, ACP-EU Convention, ECSC Treaty, enlargement of the Union, import, transitional period (EU)

COMVIISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(94) 547 final 

Brussels, 09.12.1994 

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER  STATES 

Draft 

OF THE EUROPEAN COAL AND STEEL COMMUNITY. 

MEETING WITHIN THE COUNCIL 

establishing  transitional  measures  for  tade 
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  in  products falling  within  the  ECSC Treaty 

y 

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'  trade  provisions  regarding  products  covered  by  the  ECSC 
Treaty. 

A 

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER  STATES 

Draft 

OF THE EUROPEAN COAL AND STEEL COMMUNITY. 

MEETING WITHIN THE COUNCIL 

establishing  transitional  measures  for  tade 
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  in  products  falling  within  the  ECSC  Treaty 

THE  REPRESENTATIVES  OF  THE  GOVERNMENTS  OF  THE  MEMBER  STATES  OF 
THE  EUROPEAN  COAL  AND  STEEL  COMMUNITY,  MEETING  WITHIN  THE 
COUNCIL, 

Whereas  the  Member  States  have  concluded  the  Treaty  establishing  the  European  Coal  and 
Steel  Community; 

Whereas,  pursuant  to  articles  76  (2),  102  (2)  and  128  (2)  of  the  Act  of  Accession,  the 
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  I 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; 

In  agreement  with  the  Commission, 

HAVE  DECIDED  AS  FOLLOWS: 

Article 

From  I January  1995 until  the  entry  into  force  of  the  protocol  rrfencd  to  in  Ailicles  /<>, 10?. 
and  LIS  of  the  Act  of  Accession  oi  until  H  December 
loos  wliu  hcvri  is  earlier,  tin-
Republic  of  Austria,  the  Republic  of  Finland  and  the  Kim-dom  of  Sweden  shall  apply  lo 
imports  originating  in  the  ACP  States  of  products  falling  within  the  L(  S( '  Treaty  I he  same 
arrangements  as  are  applied  by  the  other  Member  States  of  the  Community. 

2-

/ 

Article 2 

The  Member  States  shall  take the measures  necessary  to implement  this  Decision. 

Article 3 

This  Decision  shall  be published  in  the Official  Journal  of the  European  Communities. 

It  shall  take  effect  on  the day  of its publication  and  apply  as from  1 January  1995. 

Done  at Brussels, 

ISSN 0254-1475 

COM(94) 547 final 

DOCUMENTS 

EN 

03  11 02 

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ISBN 92-77-83034-4 

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