Proposal for a COUNCIL REGULATION (EC) on certain procedures for applying the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part
Date: 1994-12-16
Institutions: European Commission
Subjects: EU Member State, Slovakia, agricultural product, association agreement (EU), protective clause, trade agreement

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

COM(94) 680 final 
Brussels, 16.12.1994 
94/0330  (ACC)  94/0331  (ACC) 

Proposal for a 
COUNCIL REGULATION  (EC) 

94/0330  (ACC) 

on certain procedures for applying the Europe Agreement establishing an association between the 
European Communities and their Member States, of the one part, 
and the Czech Republic, of the other part 

Proposal for a 
COUNCIL REGULATION  (EC) 

94/0331  (ACC) 

on certain procedures for applying the Europe Agreement establishing  an association  between the 
European Communities  and their Member  States, of the one part, 
and the Slovak  Republic, of the other part 

(presented by the Commission) 

COMMUNICATION FROM THE COMMISSION 
Request for Council assent and consultation of the ECSC committee, 
pursuant to Article 95 of the ECSC Treaty, concerning a draft 

COMMISSION DECISION 

on certain procedures  for applying the Europe Agreement establishing  an association  between the 
European Communities and their Member States, of the one part, 
and the Czech Republic, of the other part 

COMMISSION DECISION 

on certain procedures for applying the Europe Agreement establishing an association  between the 
European Communities  and their Member States, of the one part, 
and the Slovak Republic, of the other part 

COMMISSION DECISION 

on certain procedures  for applying the Agreement on free  trade and trade-related matters between the 
European Community,  the European Atomic  Energy Community  and the European Coal  and  Steel 
Community of the one part, and the Republic of Estonia, of the other part, 

COMMISSION DECISION 

on certain procedures for applying the Agreement on free  trade and trade-related  matters between the 
European Community,  the European  Atomic  Energy  Community  and the European Coal  and Steel 
Community  of the one part, and the Republic of Latvia, of the other part, 

COMMISSION DECISION 

on certain procedures for applying the Agreement on free  trade and trade-related  matters between the 
European Community,  the European Atomic  Energy Community  and the European Coal  and Steel 
Community of the one part, and the Republic of Lithuania, of the other part, 

COMMISSION DECISION 
on certain procedures for applying the Europe Agreement 
establishing an association between the European Communities 
and their Member States, of the one part, 
and die Republic of Bulgaria, of the other part 

COMMISSION DECISION 

on certain procedures for applying the Europe Agreement 
establishing an association between the European Communities 
and their Member States, of the one part, 
and Romania, of the other part 

EXPLANATORY  MEMORANDUM 

Europe Agreements  between the European  Communities  and  their  Member  States 
and the Czech and Slovak Republics respectively. 

- Proposal for EC Regulations introducing the modalities for the application of certain 
safeguard-  and trade protection measures contained in the Europe Agreements. 
- Request for unanimous assent to the proposed Commission Decisions on ECSC aspects 

The  Community  and  its  Member  States  signed  on  December  16,  1991  the  Europe 
Agreement  with  the  Czech  and  Slovak  Federal  Republic  (CSFR).  To  allow  its  trade 
provisions to enter into force as soon as possible, the parties signed an Interim Agreement 
on trade and trade related matters on the same day. This Agreement entered  into force on 
March  1,  1992.  To  implement  certain  safeguard  measures  and  measures  of  trade 
protection  provided  for  in  the  Interim  Agreement  the  Council  has  adopted  EEC 
Regulation  n°  520/921. With  regard  to  the  ECSC  aspects,  the  Commission  Decision  N° 
524/922 provided for the implementing measures of the Interim Agreement. 

In  view  of  the  dissolution  of  the  CSFR  as of  1 January  1993 the  Czech  and  the  Slovak 
Republics  respectively  and  the  European  Communities  signed  on  December  21,  1993 a 
Supplementary  Protocol  to  the  Interim  Agreement  between  the  EC  and  the  CSFR  by 
which  the  Parties  agree  to  continue  to  apply  the  Interim  Agreement  with  regard  to  the 
Czech  and  the  Slovak  Republics  respectively  as of  1/1/93,  with  certain  modifications  to 
tariff quotas and ceilings. 

Also  in  view  of  the  dissolution  of  the  CSFR  as  of  1  January  1993  the  European 
Communities  and its Member States had to  negotiate  separate  Europe  Agreements  with 
the  Czech  and  the  Slovak  Republics  to  replace  the  Europe  Agreement  signed  with  the 
CSFR on  16 December  1991. These Agreements were signed on October 4, 1993. 

4. 
The  modalities  of  application  of  the  provisions  of  the  Europe  Agreements 
concerning  certain  safeguard-  and  of  trade  protection  measures  must  be  laid  down  by 
similar  regulations  as  those  applied  for  such  measures  in  the  Interim  Agreement.  The 
annexed proposals submitted to the Council aim at establishing these modalities. 

With  a view  to  the  anticipated  entry  into force  of  the  two  Europe  Agreements  with  the 
Czech  and  the  Slovak  Republics  by  no  later  than  1 February  1995,  the  Commission 
requests the Council as a matter of urgency  to : 
- adopt the proposed  Regulations 
- give its unanimous assent to the draft  Commission Decisions on ECSC aspects (the 

ECSC  Committee  is being simultaneously  consulted  and  is expected  to  give  an  answer 
on  16 December  1994). 

' O IL  56/29.02.93 p. 9 
2OJNrL56/41,29.02.92 

9 4 / 0 3 30 

(ACC) 

COUNCIL  REGULATION  (EC)  N° 

of 

o 

on  certain  procedures  for  applying  the Europe Agreement  establishing  an  association  between  the 
European  Communities  and their Member  States, of  the  one  part, 
and  the Czech  Republic, of  the other  part 

EUROPEAN 

THE  COUNCIL  OF  THE 
UNION, 
Having  regard  to  the  Treaty  establishing  the 
European  Community,  and  in  particular  Article 
113 thereof, 

Having 
Commission, 

regard 

to 

the  proposal 

from 

the 

Whereas  a  Europe  Agreement  establishing  an 
association  between  the  European  Communities 
and  their  member  States,  of  the  one  part,  and 
the Czech  and  Slovak  Federal  Republic  (CSFR), 
of  the  other  part,  was  signed  in  Brussels  on  16 
December  1991; 

Whereas  pending  the  entry  into  force  of  the 
Europe  Agreement,  its  provisions  on  trade  and 
trade-ielated  matters  have  been  given  effect 
since  1  March  1992  by  an  Interim  Agreement 
on  trade  and  trade-related  matters  between  the 
European  Economic  Community 
the 
European  Coal  and  Steel  Community,  of  the 
one  part,  and  the  CSFR,  of  the  other  part  1, 
signed  in Brussels  on  16 December  1991; 

and 

Whereas  Council  Regulation 
(EEC)  N° 
520/922,  provides  for  the  implementation  of  the 
said  Interim  Agreement; 

Whereas  a  separate  Europe  Agreement  with  the 
Czech  Republic  was  signed  in  Luxembourg  on 
4  October  1993,  as  a  consequence  of 
the 
dissolution  of  the CSFR  on  31  December  1992; 

Whereas  puisuant  to  the  conclusions  of 
the 
Copenhagen  European  Council  on  21  and  22 
June  1993  the  Interim  Agreement  was  amended 
signed  on  22 
by  an  Additional  Protocol 
December  1993 
increase  and 
in  order 
accelerate  the  granting  of  certain  Community 
concessions; 

to 

to 

Whereas  a  Supplementary  Protocol 
the 
Interim  Agreement  was  signed  with  the  Czech 
Republic  on  21  December  1993  in  order  to 
adapt  this  Agreement  to  the  dissolution  of  the 
CSFR  and  the  subsequent  succession  thereto  by 
the Czech  Republic; 

to 

lay 

it  is  necessary 

Whereas 
the 
procedures  for  applying  various  provisions  of 
the  Europe  Agreement,  incorporating  the  same 
provisions  as  those  of  regulation  (EEC)  N° 
520/92; 

down 

to 

regard 

rules  provided 

Whereas,  with 
trade  protection 
measures,  it is  appropriate,  where  the  provisions 
of  the  Europe  Agreement  render  it  necessary,  to 
lay  down  specific  provisions  concerning 
the 
in 
in  particular 
general 
Council  Regulation  (EC)  N°  518/94  of  7  March 
imports3  and  in 
1994  on  common  rules  for 
Council  Regulation  (EEC)  n"  2423/88  of  II 
July  1988  on  protection  against  dumped  or 
subsidized  imports  from  countries  not  members 
oft  he European  Economic  Community4; 

for 

the 
Whereas  account  should  be 
undertakings  set  out  in  the  Europe  Agreement 
when  examining  whether  a  safeguard  measure 
should  be  introduced; 

taken  of 

Whereas  the  procedures  concerning  safeguard 
clauses  provided  for  in  the  Treaty  establishing 
the European  Community  are also  applicable; 

Whereas  specific  provisions  have  been  adopted 
for  safeguard  measures  concerning  the  textile 
products  covered  by  the  additional  Protocol  to 
the Europe  Agreement; 

Whereas  certain  special  procedures  shouid  be 
introduced 
the  application  of  safeguard 
measures  in the  agricultural  sectors; 

for 

HAS ADOPTED  THIS  REGULATION 

TITLE  I 

Agricultural  products 

»OJn°L  115,30.04.1992 
2O J n °L  56,  29.2.1992 

3O J N ° L 6 7,  10.03.94 
4OJ  N° L 209,  2.8.1988,  p  I,  Regulation  last 
amended  by  Regulation  (EC)  N°  522/94  (OJ  N° 
L66,  10.03.94  p  10). 

Article 1 

down in that Regulation.  Measures shall  be 
taken  only  under  the  conditions  set  out  in 
Article 64 (6) of the Agreement. 

Y 

(4)  of 

the  Agreement 

Provisions  for  the  application  of  Article  21  (2) 
concerning 
and 
agricultural  products  falling  within  Annex  II of 
the Treaty  and  subject  in  the  framework  of  the 
common  market  organization  to  a  regime  of 
levies  or  of 
import  duties  and  concerning 
products falling within CN 
codes  0711  90  50  and  2003  10  10  shall  be 
adopted 
the  procedure 
provided  for  in  art.  23  of  Regulation  (EEC) 
1766/92  or  in  the  corresponding  provisions  of 
other 
regulations  establishing  a  common 
organization of the agricultural markets.  Where 
the application  of the  Agreement  calls  for  close 
the 
cooperation  with 
Commission  may take any measure necessary to 
ensure such cooperation. 

the  Czech  Republic, 

in  accordance  with 

TITLE II 

Protective measures 

Article 2 

to  refer 

The  Council  may,  in  accordance  with  the 
procedures  provided  for  in  Article  113  of  the 
Treaty,  decide 
to  the  Association 
Council  established  by  the  Agreement  with 
regard  to  the  measures  provided  for  in  Articles 
29  and  117(2)  of  the  Agreement.  Where 
these 
necessary, 
measures 
same 
procedure. 

the  Council  shall  adopt 
the 
in  accordance  with 

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. 

the  Commission, 

the  Community  of 

In  the  case  of  a  practice  that  may  justify 
the 
application  by 
measures  provided  for  in  Article  64  of  the 
Agreement, 
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 
cases of  aid  to  which  Regulation  (EEC) N° 
2423/88  applies,  when  measures  shall  be 
laid 
taken  according 

to  the  procedures 

2. 

the  Agreement, 

In  the  case  of  a  practice  that  may  cause 
measures  to  be  applied  to  the  Community 
by  the  Czech  Republic  on  the  basis  of 
the 
Article  64  of 
Commission,  after  examining 
the  case, 
is 
shall  decide  whether 
compatible with the principles set out  in the 
Agreement.  Where  necessary,  it  shall  take 
appropriate  decisions  on  the  basis  of  the 
criteria which  result from  the application  of 
Articles 85, 86 and 92 of the Treaty. 

the  practice 

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  30  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  procedures  provided 
for  in  Article  34  (2)  and  (3)  (b)  or  (d)  of  the 
Agreement. 

Article 5 

1.  Where  a  Member  State 

requests 

the 
Commission  to  apply  safeguard  measures 
as provided  for  in  Articles  31  or  32  of  the 
Agreement, 
the 
shall 
Commission,  in support  of  its  request,  with 
the information  needed to justify  it. 

provide 

it 

If  the  Commission  decides  not  to  apply 
the 
safeguard  measures,  it  shall 
Council  and  the  Member  States  accordingly 
within  five  working  days  of  receipt  of  the 
request from  the Member State. 

inform 

Any  Member  State  may  refer  this  decision 
of the Commission  to the Council  within  ten 
working days of its  notification. 

the  Council,  acting  by  a  qualified 
If 
majority,  indicates  its  intention  to  adopt  a 
different  decision,  the  Commission  shall 
inform  the Czech  Republic thereof  forthwith 
the  opening  of 
it  of 
and  shall  notify 
consultations  within  the Association  Council 
as  provided  for  in  Article  34  (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 
the  Czech  Republic 
within the Association Council. 

vT 

the 

the 

end  of 

the  meaning  of 

If the Commission  has not taken  a  decision 
within 
second 
subparagraph  of  paragraph  4  within  ten 
working  days  of 
the 
consultations  with  the  Association  Council 
or, as the case may be, 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 
it  to  the 
with  paragraph  3  may  refer 
Council. 

8. 

In the cases  referred  to in paragraphs  6 and 
the  Council,  acting  by  a  qualified 
7 
majority,  may  adopt  a  different  decision 
within two months. 

Article 6 

1.  Where  exceptional  circumstances  arise 
within  the meaning  of  Article  34  (3)  (d) of 
the  Agreement,  the  Commission  may  take 
immediate  safeguard  measures  in  the  cases 
referred  to  in  Articles  31  and  32  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. 

Any  Member  State  may  refer 
the  Council 

3. 
the 
in 
Commission's  decision 
accordance  with  the  procedure  provided  for  in 
Article 5 (6). 

to 

The  procedure  set  out  in  Article  5  (7)  and  (8) 
shall be applicable. 

If  the  Commission  has  not  taken  a  decisio: 
within t he 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 
this 
the  first  and  second  subparagraphs  of 
paragraph. 

Article 7 

The  procedures  laid  down  in  Articles  5  and  6 
shall  not  apply  to products  covered  by  Protocol 
1 of the Agreement. 

2.  The  Commission  shall  be  assisted  by  the 
Committee  established  by  Regulation  N. 
3491/93 5. 

7. 

its  chairman. 

The  Committee  shall  meet  when  convened 
shall 
by 
communicate  any appropriate  information  to 
the  member  States 
earliest 
opportunity. 

latter 

The 

the 

at 

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  31  or  32  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  the  Czech 
Republic  and  notify  the Association  Council 
of the opening of consultations  as referred  to 
in Article 34 (2) and (3) of the Agreement, 
-  at  the  same  time  it  shall  provide  the 
Association  Council  with all  the  information 
necessary for these consultations. 

4. 

In  any  event,  the  consultations  within  the 
Association  Council  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 
take 
appropriate  measures  to  implement  Articles  31 
and 32 of the Agreement. 

the  Committee,  may 

5.  The  decision  referred  to  in  paragraph  4 
shall  be  notified  forthwith  to  the  Council, 
the Member States and the Czech Republic; 
it  shall  also  be  notified  to  the  Association 
Council. 

The decision  shall  be immediately  applicable. 

the 
Any  Member  State  may 
Commission  decision 
in 
paragraph  4  to  the  Council  within  ten 
working  days  of  receiving  notification  of 
the decision. 

refer 
to 

referred 

5OJn.  L319, 21.12.1993, p. I 

e 

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  22  or  31  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 
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  22 
or  Article  34  (2)  and  (3)  of  the  Agreement  are 
met. 

in 

Article 9 

to  the  Association  Council  as 
Notification 
required  by 
the 
responsibility  of  the  Commission,  acting  on 
behalf of the Community. 

the  Agreement  shall  be 

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  J J 

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

It  shall  apply  from  the  date  of  entry  into  force 
of the Agreement6. 

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

Done at Brussels 

For the Council 
The President 

6not  later than  1  February  1995 

COUNCIL REGULATION (EC) N° 

9 4 / 0 3 31  (ACC) 

of 

% 

on certain procedures for applying the Europe Agreement establishing an association  between the 
European Communities and their Member States, of the one part, 
and the Slovak Republic, of the other part 

THE  COUNCIL  OF  THE  EUROPEAN 
UNION, 
Having  regard  to  the  Treaty  establishing  the 
European  Community,  and  in  particular  Article 
113 thereof, 

Having 
Commission, 

regard 

to 

the  proposal 

from 

the 

Whereas  a  Europe  Agreement  establishing  an 
association  between  the European  Communities 
and  their  member  States,  of  the  one  part,  and 
the Czech and Slovak Federal  Republic  (CSFR), 
of  the  other  part,  was  signed  in  Brussels  on  16 
December  1991; 

Whereas  pending  the  entry  into  force  of  the 
Europe  Agreement,  its  provisions  on  trade  and 
trade-related  matters  have  been  given  effect 
since  1 March  1992  by  an  Interim  Agreement 
on  trade  and  trade-related  matters  between  the 
the 
European  Economic  Community  and 
European  Coal  and  Steel  Community,  of  the 
one  part,  and  the  CSFR,  of  the  other  part  ', 
signed in Brussels on  16 December  1991; 

Whereas  Council  Regulation 
(EEC)  N° 
520/922, provides  for  the  implementation  of  the 
said Interim  Agreement; 

Whereas  a separate  Europe  Agreement  with  the 
Slovak  Republic  was  signed  in  Luxembourg  on 
4  October  1993,  as  a  consequence  of  the 
dissolution  of the CSFR on 31 December  1992; 

Whereas  pursuant  to  the  conclusions  of  the 
Copenhagen  Council  on  21  and  22  June  1993 
the  Interim  Agreement  was  amended  by  an 
Additional  Protocol  signed  on  22  December 
1993  in  order  to  increase  and  accelerate  the 
granting of certain Community  concessions; 

to 

the 
Whereas  a  Supplementary  Protocol 
Interim  Agreement  was  signed  with  the  Slovak 
Republic  on  21  December  1993  in  order  to 
adapt  this  Agreement  to  the  dissolution  of  the 
CSFR and  the  subsequent  succession  thereto  by 
the Slovak Republic; 

Whereas  it  is  necessary  to  lay 
down  the 
procedures  for  applying  various  provisions  of 
the  Europe  Agreement,  incorporating  the  same 
provisions  as  those  of  regulation  (EEC)  N° 
520/92; 

to 

regard 

Whereas,  with 
trade  protection 
measures, it is appropriate, where the provisions 
of the Europe Agreement  render  it necessary,  to 
lay  down  specific  provisions  concerning  the 
general  rules  provided  for 
in 
Council  Regulation  (EC) N° 518/94 of  7 March 
1994  on  common  rules  for  imports3  and  in 
Council  Regulation  (EEC)  n°  2423/88  of  II 
July  1988  on  protection  against  dumped  or 
subsidized  imports from  countries  not  members 
oft  he European Economic  Community4; 

in  particular 

Whereas  account  should  be 
the 
undertakings  set  out  in  the  Europe  Agreement 
when  examining  whether  a  safeguard  measure 
should be introduced; 

taken  of 

Whereas  the  procedures  concerning  safeguard 
clauses  provided  for  in  the  Treaty  establishing 
the European Community  are also applicable; 

Whereas  specific  provisions  have  been  adopted 
for  safeguard  measures  concerning  the  textile 
products  covered  by  the  additional  Protocol  to 
the Europe 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 

'OJn°L  115,30.04.1992 
2OJn°L  56, 29.2.1992 

3OJN°L67,  10.03.94 
4OJ N° L 209, 2.8.1988, p  1, Regulation  last 
amended by Regulation  (EC) N° 522/94 (OJ Nc 
L66,  10.03.94 p 10). 

Article 1 

down in that Regulation.  Measures shall be 
taken  only  under  the  conditions  set  out  in 
Article 64 (6) of the Agreement. 

8 

(4)  of 

the  Agreement 

Provisions  for  the  application  of  Article  21  (2) 
concerning 
and 
agricultural  products  falling  within  Annex  II of 
the Treaty  and  subject  in  the  framework  of  the 
common  market  organization  to  a  regime  of 
levies  or  of 
import  duties  and  concerning 
products falling within CN 
codes  0711  90  50  and  2003  10  10  shall  be 
adopted 
the  procedure 
provided  for  in  art.  23  of  Regulation  (EEC) 
1766/92  or  in  the  corresponding  provisions  of 
other 
regulations  establishing  a  common 
organization of the agricultural  markets.  Where 
the application  of the Agreement  calls for  close 
cooperation  with  the  Slovak  Republic,  the 
Commission  may take any measure necessary to 
ensure such cooperation. 

in  accordance  with 

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  Association 
Council  established  by  the  Agreement  with 
regard  to  the  measures  provided  for  in  Articles 
29  and  117(2)  of  the  Agreement.  Where 
these 
necessary, 
measures 
same 
procedure. 

the  Council  shall  adopt 
the 
in  accordance  with 

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. 

the  Commission, 

the  Community  of 

In  the  case  of  a  practice  that  may  justify 
the 
application  by 
measures  provided  for  in  Article  64  of  the 
Agreement, 
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 
cases of  aid  to  which  Regulation  (EEC) N° 
2423/88  applies,  when  measures  shall  be 
laid 
taken  according 

to  the  procedures 

2. 

the  Agreement, 

In  the  case  of  a  practice  that  may  cause 
measures  to  be  applied  to  the  Community 
by  the  Slovak  Republic  on  the  basis  of 
the 
Article  64  of 
Commission,  after  examining 
the  case, 
is 
shall  decide  whether 
compatible with the principles set out  in the 
Agreement.  Where  necessary,  it  shall  take 
appropriate  decisions  on  the  basis  of  the 
criteria which result from  the application  of 
Articles  85, 86 and 92 of the Treaty. 

the  practice 

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  30  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 procedures  provided 
for  in  Article  34  (2)  and  (3)  (b)  or  (d)  of  the 
Agreement. 

Article 5 

1.  Where  a  Member  State 

requests 

the 
Commission  to  apply  safeguard  measures 
as  provided  for  in  Articles  31  or  32  of  the 
Agreement, 
the 
shall 
Commission,  in  support  of  its request,  with 
the information  needed to justify  it. 

provide 

it 

If  the  Commission  decides  not  to  apply 
safeguard  measures,  it  shall 
the 
Council  and  the  Member  States  accordingly 
within  five  working  days  of  receipt  of  the 
request from  the Member State. 

inform 

Any  Member  State  may  refer  this  decision 
of the Commission  to the Council  within  ten 
working days of its  notification. 

the  Council,  acting  by  a  qualified 
If 
majority,  indicates  its  intention  to  adopt  a 
different  decision,  the  Commission  shall 
inform 
thereof 
the  Slovak  Republic 
forthwith  and  shall  notify  it  of  the  opening 
of  consultations  within 
the  Association 
Council  as provided  for  in Article 34 (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 
the  Slovak  Republic 
within  the Association Council. 

3 

the 

the 

end  of 

the  meaning  of 

If the Commission  has not  taken  a decision 
second 
within 
subparagraph  of  paragraph  4  within  ten 
working  days  of 
the 
consultations  with  the  Association  Council 
or, as the case may be, 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 
it  to  the 
with  paragraph  3  may  refer 
Council. 

8. 

In the cases referred  to in paragraphs  6 and 
7 
the  Council,  acting  by  a  qualified 
majority,  may  adopt  a  different  decision 
within two months. 

Article 6 

1.  Where  exceptional  circumstances  arise 
within  the  meaning  of  Article  34  (3)  (d) of 
the  Agreement,  the  Commission  may  take 
immediate  safeguard  measures  in  the  cases 
referred  to  in  Articles  31  and  32  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. 

Any  Member  State  may  refer 
the  Council 

3. 
the 
in 
Commission's  decision 
accordance  with  the  procedure  provided  for  in 
Article 5 (6). 

to 

The  procedure  set  out  in  Article  5  (7)  and  (8) 
shall be applicable. 

If  the  Commission  has  not  taken  a  decision 
within t he 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. 

2.  The  Commission  shall  be  assisted  by  the 
Committee  established  by  Regulation  N. 
3491/93 5. 

7. 

its  chairman. 

The  Committee  shall  meet  when  convened 
shall 
by 
communicate  any appropriate  information  to 
the  member  States 
earliest 
opportunity. 

latter 

The 

the 

at 

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  31  or  32  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  the Slovak 
Republic  and  notify  the Association  Council 
of the opening of consultations  as referred  to 
in Article 34 (2) and (3) of the Agreement, 
-  at  the  same  time  it  shall  provide  the 
Association  Council  with all  the  information 
necessary  for these consultations. 

4. 

In  any  event,  the  consultations  within  the 
Association  Council  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 
take 
appropriate  measures  to  implement  Articles  31 
and 32 of the Agreement. 

the  Committee,  may 

5.  The  decision  referred  to  in  paragraph  4 
shall  be  notified  forthwith  to  the  Council, 
the  Member  States  and 
the  Slovak 
Republic;  it  shall  also  be  notified  to  the 
Association  Council. 

The decision  shall  be immediately  applicable. 

6.  Any  Member  State  may 

the 
Commission  decision 
in 
paragraph  4  to  the  Council  within  ten 
working  days  of  receiving  notification  of 
the decision. 

refer 
to 

referred 

5OJn.L319,  21.12.1993, p. I 

Ao 

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  22  or  31  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 
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  22 
or  Article  34  (2)  and  (3)  of  the  Agreement  are 
met. 

in 

Article 9 

Notification 
to  the  Association  Council  as 
the 
required  by 
responsibility  of  the  Commission,  acting  on 
behalf of the Community. 

the  Agreement  shall  be 

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. 

It  shall  apply  from  the  date  of  entry  into  force 
of the Agreement6. 

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

Done at Brussels 

For the Council 
The President 

6not  later than  1  February  1995 

COMMISSION DECISION N° .../ECSC 
of 

1S\ 

on certain procedures for applying the Europe Agreement establishing an association  between the 
European Communities and their Member States, of the one part, 
and the Czech Republic, of the other part 

adapt  the  Agreement  to  the  dissolution  of  the 
CSFR and the subsequent  succession  thereto by 
the Czech Republic; 

Whereas  it  is  necessary  to  lay 
down  the 
procedures  for  applying  various  provisions  of 
the  Europe  Agreement  and  in  particular  those 
contained  in  Protocol  2  on  ECSC  products  by 
adopting  provisions  similar  to  those  provided 
for in Decision n° 524/92; 

Whereas  account  should  be 
the 
undertakings  set  out  in  the  Europe  Agreement 
when  examining  whether  a  safeguard  measure 
should be introduced; 

taken  of 

Whereas  certain  measures  provided  for  in 
the 
Agreement  go  beyond  the  power  of  action 
provided  for  in  the  Treaty  and  it  is  therefore 
necessary  in  this case  to refer  to  the  provisions 
of  article  95  after  consultation  with 
the 
consultative Committee and with the unanimous 
assent of the Council; 

HAS ADOPTED THIS DECISION 

TITLE I 

Article 1 

The  Commission  may,  with  the  assent  of  the 
Council,  decide  to  refer  to  the  Association 
Council  established  by  the  Agreement  with 
regard  to the measures provided  for  in  Articles 
29  and  115  (2)  of  the  Agreement.  Where 
necessary,  the  Commission  shall  adopt  these 
measures 
same 
in  accordance  with 
procedure. 

the 

The Commission  may  take the decisions to this 
end  on  its  own  initiative  or  at  the  request  of  a 
Member State. 

.  THE COMMISSION OF THE EUROPEAN 

f 

COMMUNITIES. 

Having  regard  to  the  Treaty  establishing  the 
European  Coal  and  Steel  Community,  and  in 
particular  Article 74 and the first  sub-paragraph 
article 95 thereof, 

Whereas  a  Europe  Agreement  establishing  an 
association  between  the European  Communities 
and  their  member  States,  of  the  one  part,  and 
the Czech and Slovak Federal Republic (CSFR), 
of  the  other  part,  was  signed  in  Brussels  on  16 
December  1991; 

Whereas  pending  the  entry  into  force  of  the 
Europe  Agreement,  its  provisions  on  trade  and 
trade-related  matters  have  been  given  effect 
since  l  March  1992  by  an  Interim  Agreement 
on  trade  and  trade-related  matters  between  the 
the 
European  Economic  Community  and 
European  Coal  and  Steel  Community,  of  the 
one  part,  and  the  CSFR,  of  the  other  part  ', 
signed in Brussels on  16 December 1991; 

Whereas  pursuant  to  the  conclusions  of  the 
Copenhagen  European  Council  on  21  and  22 
June  1993  regarding  new  trade  concessions  for 
the  Central  and  Eastern  European  countries,  an 
Additional  Protocol  to  the  Interim  Agreement 
was  signed  on  28  December  1993  by  the 
European  Economic  Community  and 
the 
European  Coal and Steel Community of the one 
part, and the Czech Republic, of the other part2. 

Decision 

Commission 

Whereas 
n° 
524/92/ECSC3 lays down certain  procedures  for 
the implementation  of the provisions contained 
in  Protocol  2  of  the  Interim  Agreement  on 
ECSC products; 

Whereas  a separate Europe  Agreement  with  the 
Czech  Republic  was  signed  in  Luxembourg  on 
4  October  1993,  as  a  consequence  of  the 
dissolution of the CSFR on 31 December 1992; 

the 
Whereas  a  Supplementary  Protocol 
Interim  Agreement  was  signed  with  the  Czech 
Republic on 21 December  1993 in order to 

to 

'OJn0  LI  15, 30.04.1992 
2OJn°L25/l 2, 29.01.1994 
3OJn°L  56/41,  29.02.1992 

u 

receipt  of  the  request  from  the  Member 
State. 

Article 2 

1. 

2. 

to 

the  Agreement, 

the  Community  of 

the  case  of  a  practice  that  may  justify 
In 
the 
application  by 
in  Article  8  of 
measures  provided  for 
Protocol  2 
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,  the  Commission  shall, 
with  the  assent  of  the  Council,  adopt 
safeguard  measures,  except  in  the  case  of 
public 
to  which  Decision  n° 
2424/88/ECSC  applies,  when  measures 
shall  be  taken  according  to  the  procedures 
laid down in that Decision. 

aids 

Such  measures  shall  be  taken  under  the 
conditions  provided  for  in  Article  8  of 
Protocol  2 to the Agreement. 

the  Commission, 

is  compatible  with 

In  the  case  of  a  practice  that  may  cause 
safeguard  measures  to  be  applied  to  the 
Community  by  the  Czech  Republic  on  the 
basis  of  Article  8  of  Protocol  2  to  the 
Agreement, 
after 
examining  the  case,  shall  decide  whether 
the 
the  practice 
principles set out  in the Agreement.  Where 
necessary, 
appropriate 
decisions  on  the  basis  of  the  criteria  laid 
down  in  Articles  65  and  66  of  the  ECSC 
Treaty  and  Article  85  of 
the  Treaty 
establishing  the  European  Community,  and 
of 
to  State  aids, 
the  rules  applicable 
including secondary  legislation. 

shall 

take 

it 

Article 3 

1. 

In  the  case  of  a  practice  which  is  liable  to 
warrant the application, by the Community, 
of  the  measures  provided  for  in  Article  30 
of  the  Agreement,  the  introduction  of  anti 
dumping  measures shall be decided upon in 
accordance with the provisions laid down in 
Decision  n°  2424/88/ECSC 
the 
procedure provided  for in Article 34 (2) and 
(3) (b) or (d) of the Agreement. 

and 

Article 4 

1.  Where  a  Member  State 

requests 

the 
Commission  to  apply  safeguard  measures 
as  provided  for  in  Article  31  or  32  of  the 
Agreement,  and  if  the Commission  decides 
not  to  apply  them,  the  Commission  shall 
inform  the  Council  and  the Member  States 
accordingly  within  five  working  days  of 

shall 

States 

Member 
the 
Commission  with the information  needed  to 
justify  their  requests  to  apply  safeguard 
measures. 

provide 

Any  member  State  may  refer  the  decisions 
of the Commission to the Council  within  10 
working days of its  notification. 

If  the  Council,  acting  by  the  qualified 
majority  referred  to in Article  28  (4) of  the 
Treaty,  indicates  its  intention  to  request  a 
different  decision,  the  Commission  shall 
inform 
thereof 
the  Czech  Republic 
forthwith  and  shall  notify  it  of  the  opening 
of  the  consultations  within  the  Association 
Council  as  provided  for  in  Article  34  (2) 
and (3) of the Agreement. 

The Council  acting by a qualified  majority, 
may ask  the Commission  within  one  month 
of the conclusion  of  the consultations,  with 
the  Czech  Republic  within  the  Association 
Council, to adopt safeguard  measures. 

the 

that 

2.  Where  the Commission,  at  the  request  of  a 
Member  State  or  on  its  own  initiative, 
safeguard  measures 
decides 
provided  for  in  Article  31  or  32  of  the 
Agreement should be applied : 
-  it  shall  inform  the  Member  States  for 
thwith  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  mentioned 
in Article 4 (2) of Commission  Decision  n° 
264/94/ECSC  (hereinafter  referred 
to  as 
"the committee"), 
- at the same time it shall  inform  the Czech 
Republic  and  notify 
the  Association 
Council  of  the  opening  of  consultations  as 
referred  to  in  Article  34  (2)  and  (3)  of  the 
Agreement, 
-  at  the  same  time  it  shall  provide  the 
Association  Council  with 
the 
information 
these 
consultations. 

necessary 

for 

all 

3. 

In  any  event,  the  consultations  within  the 
Association  Council  shall  be deemed  to  be 
completed  30  days  after  the  notification 
referred  to  in  the  fourth  subparagraph  of 
paragraph  1  and paragraph 2. 

1J 

accordance with the procedure provided  for 
in Article 4 (5). 

The  procedure  set  out  in  Article  4  (5)  to  (7), 
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 6 

Notification  to  the  Association  Council  by  the 
Community  as required  by the Agreement  shall 
be the responsibility of the Commission. 

Article 7 

This Decision  shall enter  into force  on the  same 
day as the Europe Agreement. 

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

Done at Brussels 

For the Council 
The President 

At the end of the consultations  or on expiry 
of  the  period  of  30  days,  and  if  no  other 
the 
arrangement 
Commission, 
the 
committee,  may  take  appropriate  measures 
to  implement  Articles  31  and  32  of  the 
Agreement. 

possible, 
consulting 

proves 
after 

4.  The  decision  referred  to  in  paragraph  3 
shall  be  notified  forthwith  to  the  Council, 
the Member States and the Czech Republic; 
it  shall  also  be  notified  to  the  Association 
Council. 

It shall be immediately  applicable. 

the 
Any  Member  State  may 
in 
Commission  decision 
paragraph  3  to  the  Council  within  10 
working  days  of  receiving  notification  of 
the decision. 

refer 
to 

referred 

the 

the 

the  meaning  of 

If  the Commission  has not  taken  a decision 
within 
second 
subparagraph  of  paragraph  3  within  10 
the 
working  days  of 
consultations  with  the  Association  Council 
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  2 may refer  it to 
the Council. 

end  of 

In  the  cases  referred  to  in  paragraph  5  the 
Council,  acting  by  a  qualified  majority, 
may,  within 
the 
Commission  to  adopt  different  safeguard 
measures,  and  in  the  cases  mentioned  in 
paragraph  6,  ask  the  Commission  to  take 
measures. 

one  month, 

ask 

Article 5 

Where  exceptional  circumstances  arise 
within  the meaning  of  Article  34  (3)  (d) of 
the  Agreement,  the  Commission  may  take 
immediate  safeguard  measures  in  the cases 
referred  to  in  Articles  31  and  32  of  the 
Agreement. 

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 

the 
Commission's  decision  t  o  the  Council  in 

refer 

.y\ y 

COMMISSION DECISION N° .../ECSC 
of 

on certain procedures for applying the Europe Agreement establishing an association  between the 
European Communities and their Member States, of the one part, 
and the Slovak Republic, of the other part 

THE COMMISSION OF THE EUROPEAN 
COMMUNITIES, 

Having  regard  to  the  Treaty  establishing  the 
European  Coal  and  Steel  Community,  and  in 
particular  Article 74 and  the first  sub-paragraph 
article 95 thereof, 

adapt  the  Agreement  to  the  dissolution  of  the 
CSFR and the subsequent  succession  thereto  by 
the Slovak Republic; 

Whereas  a  Europe  Agreement  establishing  an 
association  between  the European  Communities 
and  their  member  States,  of  the  one  part,  and 
the Czech and Slovak Federal Republic (CSFR), 
of  the  other  part,  was  signed  in  Brussels  on  16 
December 1991; 

Whereas  it  is  necessary  to  lay 
down  the 
procedures  for  applying  various  provisions  of 
the  Europe  Agreement  and  in  particular  those 
contained  in  Protocol  2  on  ECSC  products  by 
adopting  provisions  similar  to  those  provided 
for in Decision  n° 524/92; 

the 
Whereas  account  should  be 
undertakings  set  out  in  the  Europe  Agreement 
when  examining  whether  a  safeguard  measure 
should be introduced; 

taken  of 

Whereas  certain  measures  provided  for  in 
the 
Agreement  go  beyond  the  power  of  action 
provided  for  in  the  Treaty  and  it  is  therefore 
necessary  in  this  case  to  refer  to  the  provisions 
the 
of  article  95  after  consultation  with 
consultative Committee and with the unanimous 
assent of the Council; 

HAS ADOPTED THIS DECISION 

TITLE I 

Article 1 

The  Commission  may,  with  the  assent  of  the 
Council,  decide  to  refer  to  the  Association 
Council  established  by  the  Agreement  with 
regard  to the measures  provided  for  in  Articles 
29  and  115  (2)  of  the  Agreement.  Where 
necessary,  the  Commission  shall  adopt  these 
measures 
same 
in  accordance  with 
procedure. 

the 

The Commission  may  take the decisions  to  this 
end  on  its  own  initiative  or  at  the  request  of  a 
Member State. 

Whereas  pending  the  entry  into  force  of  the 
Europe  Agreement,  its  provisions  on  trade  and 
trade-related  matters  have  been  given  effect 
since  1 March  1992  by  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  CSFR,  of  the  other  part 
l, 
signed in Brussels on  16 December 1991; 

Whereas  pursuant  to  the  conclusions  of  the 
Copenhagen  European  Council  on  21  and  22 
June  1993  regarding  new  trade  concessions  for 
the  Central  and  Eastern  European  countries,  an 
Additional  Protocol  to  the  Interim  Agreement 
was  signed  on  28  December  1993  by  the 
European  Economic  Community  and 
the 
European  Coal and Steel Community  of the one 
part,  and  the  Slovak  Republic,  of  the  other 
part2. 

Decision 

Commission 

Whereas 
n° 
524/92/ECSC3 lays down certain  procedures  for 
the implementation  of the provisions  contained 
in  Protocol  2  of  the  Interim  Agreement  on 
ECSC products; 

Whereas  a separate Europe Agreement  with  the 
Slovak  Republic  was  signed  in  Luxembourg  on 
4  October  1993,  as  a  consequence  of  the 
dissolution of the CSFR on 31 December  1992; 

Whereas  a  Supplementary  Protocol 
the 
Interim  Agreement  was  signed  with  the  Slovak 
Republic on 21 December  1993 in order to 

to 

'OJn°  LI  15, 30.04.1992 
2OJn°L25/l2,  29.01.1994 
3OJn°L  56/41,  29.02.1992 

AS 

accordingly  within  five  working  days  of 
receipt  of  the  request  from  the  Member 
State. 

Article 2 

1. 

2. 

to 

the  Agreement, 

the  Community  of 

the  case  of  a  practice  that  may  justify 
In 
application  by 
the 
measures  provided  for  in  Article  8  of 
Protocol  2 
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,  the  Commission  shall 
the  Council,  adopt 
with 
safeguard  measures,-  except  in  the  case  of 
public 
n° 
2424/88/ECSC  applies,  when  measures 
shall  be  taken  according  to  the  procedures 
laid down in that Decision. 

to  which  Decision 

the  assent  of 

aids 

Such  measures  shall  be  taken  under  the 
conditions  provided  for  in  Article  8  of 
Protocol  2 to the Agreement. 

the  Commission, 

is  compatible  with 

In  the  case  of  a  practice  that  may  cause 
safeguard  measures  to  be  applied  to  the 
Community  by  the  Slovak  Republic  on  the 
basis  of  Article  8  of  Protocol  2  to  the 
Agreement, 
after 
examining  the  case,  shall  decide  whether 
the 
the  practice 
principles set out in the Agreement.  Where 
necessary, 
appropriate 
decisions  on  the  basis  of  the  criteria  laid 
down  in  Articles  65  and  66  of  the  ECSC 
Treaty  and  Article  85  of 
the  Treaty 
establishing  the  European  Community,  and 
of 
to  State  aids, 
the  rules  applicable 
including secondary  legislation. 

shall 

take 

it 

Article 3 

1. 

In  the  case  of  a  practice  which  is  liable  to 
warrant the application,  by the Community, 
of  the  measures  provided  for  in  Article  30 
of  the  Agreement,  the  introduction  of  anti 
dumping measures shall  be decided  upon in 
accordance with the provisions laid down in 
Decision  n°  2424/88/ECSC 
the 
procedure provided  for in Article 34 (2) and 
(3) (b) or (d) of the Agreement. 

and 

Article 4 

1.  Where  a  Member  State 

requests 

the 
Commission  to  apply  safeguard  measures 
as  provided  for  in  Article  31  or  32  of  the 
Agreement,  and  if  the  Commission  decides 
not  to  apply  them,  the  Commission  shall 
inform  the  Council  and  the  Member  States 

shall 

States 

Member 
the 
Commission  with the information  needed  to 
justify  their  requests  to  apply  safeguard 
measures. 

provide 

Any  member  State may  refer  the  decisions 
of the Commission to the Council  within  10 
working days of its  notification. 

If  the  Council,  acting  by  the  qualified 
majority  referred  to in Article  28 (4)  of  the 
Treaty,  indicates  its  intention  to  request  a 
different  decision,  the  Commission  shall 
inform 
thereof 
the  Slovak  Republic 
forthwith  and  shall  notify  it  of  the  opening 
of  the  consultations  within  the  Association 
Council  as  provided  for  in  Article  34  (2) 
and (3) of the Agreement. 

The Council  acting by a qualified  majority, 
may  ask the Commission  within one month 
of  the conclusion  of  the consultations,  with 
the Slovak  Republic  within  the  Association 
Council, to adopt safeguard  measures. 

the 

that 

2.  Where  the Commission,  at  the  request  of  a 
Member  State  or  on  its  own  initiative, 
safeguard  measures 
decides 
provided  for  in  Article  31  or  32  of  the 
Agreement should be applied : 
-  it  shall  inform  the  Member  States  for 
thwith 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  mentioned 
in Article 4 (2) of Commission  Decision  n° 
264/94/ECSC  (hereinafter  referred 
to  as 
"the committee"), 
- at the same time it shall inform  the Slovak 
Republic  and  notify 
the  Association 
Council  of  the  opening  of  consultations  as 
referred  to  in  Article  34  (2)  and  (3)  of  the 
Agreement, 
-  at  the  same  time  it  shall  provide  the 
the 
Association  Council  with 
information 
these 
consultations. 

necessary 

for 

all 

3. 

In  any  event,  the  consultations  within  the 
Association  Council  shall  be deemed  to  be 
completed  30  days  after  the  notification 
referred  to  in  the  fourth  subparagraph  of 
paragraph  1  and paragraph 2. 

At the end of the consultations  or on expiry 
of  the  period  of  30  days,  and  if  no  other 

ne 

The  procedure  set  out  in  Article  4  (5)  to  (7) 
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 6 

Notification  to  the  Association  Council  by  the 
Community  as required  by the  Agreement  shall 
be the responsibility of the Commission. 

Article 7 

This Decision  shall enter  into force  on  the  same 
day as the Europe Agreement. 

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

Done at Brussels 

For the Council 
The President 

proves 
after 

possible, 
consulting 

the 
arrangement 
Commission, 
the 
committee,  may  take  appropriate  measures 
to  implement  Articles  31  and  32  of  the 
Agreement. 

4.  The  decision  referred  to  in  paragraph  3 
shall  be  notified  forthwith  to  the  Council, 
the  Member  States  and 
the  Slovak 
Republic;  it  shall  also  be  notified  to  the 
Association Council. 

It shall be immediately  applicable. 

5.  Any  Member  State  may 

the 
Commission  decision 
in 
paragraph  3  to  the  Council  within  10 
working  days  of  receiving  notification  of 
the decision. 

refer 
to 

referred 

6. 

7. 

the 

the 

the  meaning  of 

If  the Commission  has not taken  a decision 
within 
second 
subparagraph  of  paragraph  3  within  10 
working  days  of 
the 
consultations  with  the  Association  Council 
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  2 may refer  it to 
the Council. 

end  of 

In  the  cases  referred  to  in  paragraph  5  the 
Council,  acting  by  a  qualified  majority, 
the 
may,  within 
Commission  to  adopt  different  safeguard 
measures,  and  in  the  cases  mentioned  in 
paragraph  6,  ask  the  Commission  to  take 
measures. 

one  month, 

ask 

Article 5 

1.  Where  exceptional  circumstances  arise 
within  the meaning  of  Article  34  (3)  (d) of 
the  Agreement,  the  Commission  may  take 
immediate  safeguard  measures  in  the cases 
referred  to  in  Articles  31  and  32  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 

the 
Commission's  decision  t  o  the  Council  in 
accordance  with  the procedure provided  for 
in Article 4 (5). 

refer 

n 

EXPLANATORY MEMORANDUM 

The  proposed  Decisions  introduce  the  modalities  for  the  application,  as  far  as  ECSC 
products  are  concerned,  of  certain  safeguard  measures  and  measures  of  commercial 
protection contained in the Agreements on free trade and trade related matters. 

The Community  signed on July  18, 1994 the Agreements on free  trade and trade  related 
matters with Estonia, Latvia and Lithuania respectively. 

The  objective  of  the  proposed  Decisions  is  the  introduction  of  specific  rules  to  the 
general provisions concerning  the Community's  import  regime  (including  the provisions 
establishing  protection  against  subsidies  and  dumping  practices  in  relation  to  imports 
from  third  countries)  in  order  to  respect  the  obligations  undertaken  in  the  Free  Trade 
Agreements. 

In view of the entry into force  of the Agreements on free  trade and trade related matters, 
the  Commission  is requesting  the Council  to give  its  unanimous  assent  to  the  proposed 
Decisions, in order to allow the Commission to adopt these decisions.  Pursuant to article 
95  of  the  ECSC  Treaty,  the  ECSC  Consultative  Committee  is  being  simultaneously 
consulted. 

Commission Decision No 

/ECSC 

of 
on certain procedures for applying the Agreement on free trade and trade-related matters between the 
European Community, the European Atomic Energy Community and the European Coal and Steel 
Community of the one part, and the Republic of Estonia, of the other part, 

n 

similar for both the European Economic 
Community  and the European Coal and Steel 
Community; 

Whereas certain measures provided for in the 
Agreement go beyond the powers of action 
provided for  in the Treaty and it is therefore 
necessary  in this case to refer to the provisions 
of Article 95, after  consultation  with the 
consultative committee and with the unanimous 
assent of the Council, 

HAS ADOPTED THIS DECISION  : 

Article 1 

The Commission  may, with the assent of the 
Council, decide to refer to the Association 
Council established by the Agreement with 
regard to the measures provided for in Article 
21 of the Agreement.  Where necessary, the 
Commission  shall adopt these measures in 
accordance  with the same procedure. 

The Commission  may take the decisions to this 
end on its own initiative or at the request of a 
member State. 

Article 2 

1. 

In the case of a practice that may justify 
application  by the 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 compatible 
with the Agreement.  Where necessary,  the 
Commission  takes safeguard  measures  with 
the assent of the Council, except in the case 
of public aids to which Decision No 
2424/88/ECSC applies, when measures 
shall be taken according to the procedures 
laid down in that Decision. 

Such measures shall  be taken under the 
conditions provided for  in Article 32 of the 
Agreement. 

THE COMMISSION OF THE EUROPEAN 
COMMUNITIES, 

Having regard to the Treaty establishing the 
European Coal  and Steel Community, and in 
particular Article 74 and the first  subparagraph 
of Article 95 thereof, 

Whereas an Agreement on Free Trade and 
Trade related  matters between the European 
Community, the European Atomic Energy 
Community  and the European Coal and Steel 
Community, of the one part, and the Republic 
of Estonia, of the other part (hereinafter  referred 
to as "the Agreement") was signed in Brussels 
on  18 July  1994, 

Whereas  it is necessary  to lay down the 
procedures for applying various provisions of 
the agreement and in particular those 
concerning products covered by the ECSC 
Treaty, 

Whereas such procedures have been laid down 
for the European Economic Community by 
Council Regulation  (EC) No on certain 
procedures for applying the Agreement on trade 
and trade-related matters between the European 
Economic Community, the European Atomic 
Energy Community and the European Coal and 
Steel Community, of the one part, and the 
Republic of Estonia, of the other part, 

Whereas, as regards measures of commercial 
protection it is necessary  to lay down  specific 
provisions concerning the general rules set out 
in Commission Decision No 2424/88/ECSC of 
29 July  1988 on protection against dumped or 
subsidized imports from countries not members 
of the European Coal and Steel Community  ' 
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  it is desirable to ensure that the rules 
for the application  if the Agreement should be 

'OJNoL209,  2.8.1988, p. 18 

•13 

Estonia within the Joint Committee to 
adopt safeguard  measures. 

2.  Where the Commission, at the request of a 
Member State or on its own initiative, 
decides that the safeguard  measures 
provided for in Article 23 or 24 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 mentioned in 
Article 4 (2) of Commission  Decision  No 
264/94/ECSC (hereinafter  referred  to as 'the 
committee'), 
at the same time it shall inform  Estonia and 
notify  the Joint Committee of the opening 
of consultations  as referred  to in Article 26 
(2) and (3) of the Agreement, 
at the same time it shall provide the Joint 
Committee with all the  information 
necessary  for these consultations. 

3. 

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 2. 

At the need 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 23 and 24 of the 
Agreement. 

4.  The decision referred  to in paragraph 3 

shall be notified  forthwith  to the Council, 
the Member States and Estonia; it shall also 
be notified  to the Joint Committee. 

It shall be immediately  applicable. 

5.  Any Member State may refer  the 

Commission decision  referred  to in 
paragraph 3 to the Council  within  10 
working days of receiving notification  of 
the decision. 

In the case of a practice that may cause 
safeguard  measures concerning ECSC 
products to be applied to the Community by 
Estonia 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 on the basis of the criteria laid 
down in Articles 65 and 66 of the ECSC 
Treaty and Article 85 of the Treaty 
establishing the European Community, and 
of the rules applicable to State aids, 
including secondary  legislation. 

Article 3 

In the case of a practice which is liable to 
warrant the application, by the Community, 
of the measures provided for in Article 22 
of the Agreement, the introduction of anti 
dumping measures shall be decided upon in 
accordance with the provisions laid down in 
Decision No 2424/88/ECSC and the 
procedure provided for in Article 26 (2) and 
(3) (b) or (d) of the Agreement. 

Article 4 

Where a Member State requests the 
Commission  to apply safeguard  measures 
as provided for in Article 23 or 24 of the 
Agreement, and 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. 

Member States shall provide the 
Commission with the information  needed to 
justify  their requests to apply  safeguard 
measures. 

Any member State may refer the decision 
of the Commission to the Council within 10 
working days of its  notification. 

If the Council, acting by the qualified 
majority  referred  to in Article 28 (4) of the 
Treaty, indicates  its intention to request a 
different  decision,  the Commission  shall 
inform  Estonia thereof forthwith  and shall 
notify  it of the opening of the consultations 
within  the Joint Committee as provided  for 
in Article 26 (2) and (3) of the Agreement. 

The Council, acting by a qualified  majority, 
may ask the Commission  within one month 
of the conclusion of the consultations with 

This Decision shall enter into force on the same 
day as the Agreement on free trade and trade-
related matters. 

a 

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

Done at Brussels, 

For the Commission 

If the Commission  has not taken a decision 
within the meaning of the second 
subparagraph of paragraph 3 within  10 
working days of 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 2 may refer it to 
the Council. 

In the cases refereed  to in paragraph 5 the 
Council  , acting by a qualified  majority, 
may, within one month, ask  the 
Commission  to adopt different  safeguard 
measures, and in the cases mentioned in 
paragraph  6, ask the Commission to take 
measures. 

Article 5 

1.  Where exceptional  circumstances arise 

within  the meaning of Article 26 (3) (d) of 
the Agreement, the Commission may take 
immediate safeguard  measures in the cases 
referred  to in Articles 23 and 24 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 4 (5). 

The procedure set out in Article 4 (5) to (7) 
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 mater to the Commission may 
refer  it to the Council in accordance with 
the procedure laid down in the preceding 
subparagraphs. 

Article 6 

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

Article 7 

Commission Decision No 

/ECSC 

of 
on certain procedures for applying the Agreement on free  trade and trade-related  matters between the 
European Community, the European Atomic Energy Community  and the European Coal and Steel 
Community  of the one part, and the Republic of Latvia, of the other part, 

2 

") 

THE COMMISSION OF THE EUROPEAN 
COMMUNITIES, 

Having regard to the Treaty establishing the 
European Coal and Steel Community, and in 
particular Article 74 and the first subparagraph 
of Article 95 thereof, 

Whereas an Agreement on Free Trade and 
Trade related matters between  the European 
Community, the European Atomic Energy 
Community  and the European Coal and Steel 
Community, of the one part, and the Republic 
of Latvia, of the other part (hereinafter  referred 
to as "the Agreement") was signed in Brussels 
on  18 July  1994, 

Whereas  it is necessary to lay down the 
procedures for applying various provisions of 
the agreement  and in particular  those 
concerning products covered by the ECSC 
Treaty, 

Whereas such procedures have been laid down 
for the European Economic Community by 
Council Regulation  (EC) No on certain 
procedures for applying the Agreement on trade 
and trade-related  matters between the European 
Economic Community, the European  Atomic 
Energy Community  and the European Coal and 
Steel Community, of the one part, and the 
Republic of Latvia, of the other part, 

Whereas, as regards measures of commercial 
protection it is necessary to lay down  specific 
provisions concerning the general rules set out 
in Commission  Decision No 2424/88/ECSC of 
29 July  1988 on protection  against dumped or 
subsidized  imports from  countries  not members 
of the European Coal and Steel Community * 
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  it is desirable to ensure that the rules 
for the application  if the Agreement should be 

'OJ No L 209, 2.8.1988, p. 18 

similar for  both the European  Economic 
Community and the European Coal and Steel 
Community; 

Whereas certain  measures provided for  in the 
Agreement go beyond the powers of action 
provided  for  in the Treaty and it is  therefore 
necessary  in this case to refer  to the provisions 
of Article 95, after  consultation  with the 
consultative committee and with the unanimous 
assent of the Council, 

HAS ADOPTED THIS DECISION  : 

Article 1 

The Commission  may, with the assent of the 
Council, decide to refer  to the Association 
Council established by the Agreement with 
regard to the measures provided  for in Article 
22 of the Agreement.  Where necessary, the 
Commission shall adopt these measures in 
accordance with the same procedure. 

The Commission  may take the decisions  to this 
end on its own initiative or at the request of a 
member State. 

Article 2 

1. 

In the case of a practice that may justify 
application  by the 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 compatible 
with the Agreement.  Where necessary, the 
Commission takes safeguard  measures with 
the assent of the Council, except in the case 
of public aids to which Decision No 
2424/88/ECSC applies, when measures 
shall be taken according to the procedures 
laid down in that Decision. 

Such measures shall be taken under the 
conditions provided for  in Article 32 of the 
Agreement. 

2. 

In the case of a practice that may cause 
safeguard  measures concerning ECSC 
products to be applied to the Community by 
Latvia 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 on the basis of the criteria laid 
down in Articles 65 and 66 of the ECSC 
Treaty and Article 85 of the Treaty 
establishing the European Community, and 
of the rules applicable to State aids, 
including secondary  legislation. 

Article 3 

In the case of a practice which is 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 
Decision  No 2424/88/ECSC and the 
procedure provided for in Article 27 (2) and 
(3) (b) or (d) of the Agreement. 

Article 4 

1.  Where a Member State requests the 

Commission  to apply safeguard  measures 
as provided for in Article 24 or 25 of the 
Agreement, and 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. 

^ 
The Council, acting by a qualified  majority, 
may ask the Commission  within one month 
of the conclusion of the consultations with 
Latvia within the Joint Committee to adopt 
safeguard  measures. 

2.  Where the Commission, at the request of a 
Member State or on its own initiative, 
decides that the safeguard  measures 
provided for in Article 24 or 25 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 mentioned  in 
Article 4 (2) of Commission  Decision No 
264/94/ECSC (hereinafter  referred  to as 'the 
committee'), 
at the same time it shall inform  Latvia and 
notify  the Joint Committee of the opening 
of consultations as referred  to in Article 27 
(2) and (3) of the Agreement, 
at the same time it shall provide the Joint 
Committee with all the  information 
necessary for these consultations. 

3. 

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 2. 

At the need 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. 

Member States shall provide the 
Commission  with the information  needed to 
justify  their requests to apply  safeguard 
measures. 

4.  The decision referred  to in paragraph 3 

shall be notified  forthwith  to the Council, 
the Member States and Latvia; it shall also 
be notified  to the Joint Committee; 

Any member State may refer  the decision 
of the Commission  to the Council  within  10 
working days of its  notification. 

If the Council, acting by the qualified 
majority  referred  to in Article 28 (4) of the 
Treaty, indicates  its intention to request a 
different  decision,  the Commission  shall 
inform  Latvia thereof forthwith  and shall 
notify  it of the opening of the consultations 
within the Joint Committee as provided  for 
in Article 27 (2) and (3) of the Agreement. 

It shall be immediately  applicable. 

5.  Any Member State may refer  the 

Commission decision  referred  to in 
paragraph 3 to the Council within  10 
working days of receiving notification  of 
the decision. 

<? 
This Decision shall enter into force on the same 
day as the Agreement on free  trade and trade-
related matters. 

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

Done at Brussels, 

For the Commission 

If the Commission  has not taken a decision 
within the meaning of the second 
subparagraph  of paragraph 3 within  10 
working days of 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 2 may refer it to 
the Council. 

In the cases refereed  to in paragraph 5 the 
Council, acting by a qualified  majority, 
may, within one month, ask  the 
Commission  to adopt different  safeguard 
measures, and in the cases mentioned in 
paragraph  6, ask the Commission  to take 
measures. 

Article 5 

1.  Where exceptional circumstances  arise 

within the meaning of Article 27 (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 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 4 (5). 

The procedure set out in Article 4 (5) to (7) 
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 mater to the Commission may 
refer  it to the Council in accordance with 
the procedure laid down in the preceding 
subparagraphs. 

Article 6 

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

Article 7 

tk 

Commission  Decision  No 

/ECSC 

of 
on certain procedures  for applying  the Agreement  on free trade and trade-related  matters  between  the 
European Community,  the European Atomic  Energy Community  and the European  Coal  and  Steel 
Community  of  the one part, and the Republic of  Lithuania, of  the other  part, 

THE COMMISSION  OF THE  EUROPEAN 
COMMUNITIES, 

Having  regard  to the Treaty  establishing  the 
European  Coal  and Steel  Community,  and in 
particular  Article  74  and  the  first  subparagraph 
of  Article  95  thereof, 

Whereas  an Agreement  on Free Trade  and 
Trade  related  matters  between  the  European 
Community,  the  European  Atomic  Energy 
Community  and  the European  Coal  and  Steel 
Community,  of  the one  part,  and  the  Republic 
of  Lithuania,  of  the other  part  (hereinafter 
referred  to as  "the  Agreement")  was  signed  in 
Brussels  on  18 July  1994, 

Whereas  it  is  necessary  to  lay  down  the 
procedures  for  applying  various  provisions  of 
the agreement  and  in particular  those 
concerning  products  covered  by  the  ECSC 
Treaty, 

Whereas  such  procedures  have been  laid  down 
for  the European  Economic  Community  by 
Council  Regulation  (EC)  No on  certain 
procedures  for  applying  the Agreement  on  trade 
and  trade-related  matters  between  the  European 
Economic  Community,  the European  Atomic 
Energy  Community  and  the European  Coal  and 
Steel  Community,  of  the one part,  and  the 
Republic  of  Lithuania,  of  the other  part, 

Whereas,  as  regards  measures  of  commercial 
protection  it  is  necessary  to  lay down  specific 
provisions  concerning  the general  rules  set  out 
in Commission  Decision  No  2424/88/ECSC  of 
29 July  1988 on  protection  against  dumped  or 
subsidized  imports  from  countries  not  members 
of  the  European  Coal  and  Steel  Community  [ 
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  it  is desirable  to ensure  that  the  rules 
for  the  application  if  the Agreement  should  be 

' O J N o L 2 0 9,  2.8.1988,  p.  18 

similar for both the European  Economic 
Community  and the  European  Coal  and  Steel 
Community; 

Whereas  certain  measures  provided  for  in  the 
Agreement  go beyond  the  powers  of  action 
provided  for  in the Treaty  and  it  is  therefore 
necessary  in this case  to refer  to the  provisions 
of  Article  95, after  consultation  with  the 
consultative  committee  and  with  the  unanimous 
assent  of  the  Council, 

HAS  ADOPTED  THIS  DECISION  : 

Article  1 

The Commission  may,  with  the  assent  of  the 
Council,  decide  to refer  to  the Joint  Committee 
established  by  the  Agreement  with  regard  to  the 
measures  provided  for  in Article  22 of  the 
Agreement.  Where  necessary,  the  Commission 
shall  adopt  these  measures  in  accordance  with 
the same  procedure. 

The Commission  may  take  the  decisions  to  this 
end  on  its own  initiative  or  at  the  request  of  a 
member  State. 

Article  2 

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  compatible 
with  the  Agreement.  Where  necessary,  the 
Commission  takes  safeguard  measures  with 
the assent  of  the  Council,  except  in  the  case 
of  public  aids  to  which  Decision  No 
2424/88/ECSC  applies,  when  measures 
shall  be taken  according  to the  procedures 
laid  down  in  that  Decision. 

Such  measures  shall  be  taken  under  the 
conditions  provided  for  in  Article  33 of  the 
Agreement. 

15 

2. 

In  the case  of  a practice  that  may  cause 
safeguard  measures concerning  ECSC 
products  to be  applied  to the Community  by 
Lithuania  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  on  the basis of  the criteria  laid 
down  in Articles  65 and  66 of  the  ECSC 
Treaty  and  Article  85 of  the  Treaty 
establishing  the European  Community,  and 
of  the  rules  applicable  to  State  aids, 
including  secondary  legislation. 

Article  3 

In  the case of  a practice  which  is  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 
Decision  No 2424/88/ECSC  and  the 
procedure  provided  for  in Article  27  (2)  and 
(3)  (b) or  (d) of  the  Agreement. 

Article  4 

1.  Where  a Member  State  requests  the 

Commission  to apply  safeguard  measures 
as  provided  for  in Article  24 or 25 of  the 
Agreement,  and  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. 

Member  States  shall  provide  the 
Commission  with  the information  needed  to 
justify  their  requests  to  apply  safeguard 
measures. 

Any  member  State  may  refer  the  decision 
of  the Commission  to the Council  within  10 
working  days of  its  notification. 

If  the  Council,  acting  by  the  qualified 
majority  referred  to  in Article  28  (4) of  the 
Treaty,  indicates  its  intention  to request  a 
different  decision,  the Commission  shall 
inform  Lithuania  thereof  forthwith  and 
shall  notify  it of  the opening  of  the 
consultations  within  the Joint  Committee  as 
provided  for  in  Article  27  (2) and  (3) of  the 
Agreement. 

The Council,  acting  by  a qualified  majority, 
may  ask  the Commission  within  one  month 
of  the conclusion  of  the consultations  with 
Lithuania within the Joint  Committee  to 
adopt  safeguard  measures. 

2.  Where  the Commission,  at the  request  of  a 
Member  State or on  its own  initiative, 
decides  that  the safeguard  measures 
provided  for  in Article  24 or  25 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  mentioned  in 
Article  4  (2) of  Commission  Decision  No 
264/94/ECSC  (hereinafter  referred  to  as  'the 
committee'), 

at  the  same  time  it shall  inform  Lithuania 
and  notify  the Joint  Committee  of  the 
opening  of  consultations  as  referred  to  in 
Article  27  (2)  and  (3)  of  the  Agreement, 
at the  same  time  it  shall  provide  the  Joint 
Committee  with  all  the  information 
necessary  for  these  consultations. 

3. 

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  2. 

At  the need  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. 

4.  The decision  referred  to in paragraph  3 

shall  be  notified  forthwith  to the  Council, 
the Member  States  and  Lithuania;  it  shall 
also be  notified  to the Joint  Committee;  it 
shall  also  be  notified  to the  Joint 
Committee. 

It  shall  be  immediately  applicable. 

5.  Any  Member  State  may  refer  the 

Commission  decision  referred  to in 
paragraph  3 to the Council  within  10 
working  days  of  receiving  notification  of 
the  decision. 

n 

This Decision shall enter into force on the same 
day as the Agreement on free trade and trade-
related matters. 

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

Done at Brussels, 

For the Commission 

6. 

If the Commission has not taken a decision 
within the meaning of the second 
subparagraph of paragraph 3 within 10 
working days of 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 2 may refer it to 
the Council. 

7. 

In the cases refereed  to in paragraph 5 the 
Council  , acting by a qualified  majority, 
may, within one month, ask  the 
Commission  to adopt different  safeguard 
measures, and in the cases mentioned in 
paragraph 6, ask the Commission  to take 
measures. 

Article 5 

1.  Where exceptional  circumstances arise 

within  the meaning of Article 27 (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 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 4 (5). 

The procedure set out in Article 4 (5) to (7) 
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 mater to the Commission may 
refer  it to the Council  in accordance with 
the procedure laid down in the preceding 
subparagraphs. 

Article 6 

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

Article 7 

EXPLANATORY MEMORANDUM 

^ 

The  Community  signed  Europe Agreements  with  Romania and  Bulgaria  on  1 February 
1993 and 8 March  1993 respectively. 

The proposed Decisions introduce the modalities for the application of certain  safeguard 
measures  and  measures  of  commercial  protection  contained  in  these  Agreements  for 
ECSC products. 

The  objective  of  the  proposed  Decisions  is  the  introduction  of  specific  rules  to  the 
general provisions concerning  the Community's  import regime (including the provisions 
establishing  protection  against  subsidies  and  dumping  practices  in  relation  to  imports 
from third countries) in order to respect the obligations undertaken in the Agreements. 

Similar Decisions have been adopted for the implementation of such measures under the 
Interim and Europe Agreements concluded with Poland and Hungary. 

In view of the entry  into force  of the Europe Agreements the Commission  is requesting 
the Council to give its unanimous assent for the proposed Decisions, in order to allow the 
Commission  to  adopt  these  decisions.  Pursuant  to  article  95  of  the  ECSC  Treaty,  the 
ECSC Consultative Committee is being simultaneously consulted. 

Commission Decision N°.../93/ECSC 
of... 

O 

on certain procedures for applying the Europe Agreement 
establishing an association between the European Communities 
and their Member States, of the one part, 
and the Republic of Bulgaria, of the other part 

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Coal and Steel Community, and in 
particular Article 74 and the first subparagraph of Article 95 thereof, 

Whereas  a  Europe  Agreement  establishing  an  association  between  the  European 
Communities and their Member States, of the one part, and the Republic of Bulgaria, of 
the  other  part,  hereinafter  referred  to  as  'the  Agreement',  was  signed  in  Brussels  on 
8 March 1993; 

Whereas  pending  the  entry  into  force  of the  Europe  Agreement,  its provisions  on trade 
and trade-related  matters have been given effect  since 31 December  1993 by 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, signed in Brussels on 8 March 19931; 

Whereas  pursuant  to  the  conclusions  of  the  Copenhagen  European  Council  on  21  and 
22 June  1993  regarding  new  trade  concessions  for  the  Central  and  Eastern  European 
countries,  an  Additional  Protocol  to  the  Interim  Agreement  was  concluded  on 
20 December  1993 by the  European  Economic  Community  and the  European  Coal  and 
Steel Community, of the one part, and Bulgaria, of the other part2; 

Whereas it is necessary to lay down the procedures for applying various provisions of the 
agreement and in particular those contained in Protocol 2 on ECSC; 

Whereas,  as  regards  measures  of  commercial  protection  it  is  necessary  to  lay  down 
specific  provisions  concerning  the  general  rules  set  out  in  Commission  Decision 
N° 2424/88/ECSC  of 29 July  1988 on protection  against  dumped  or subsidised  imports 
from  countries  not  members  of  the  European  Coal  and  Steel  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  it  is  desirable  to  ensure  that  the  rules  for  the  application  of  the  Agreement 
should  be  similar  for  both  the  European  Community  and  the  European  Coal  and  Steel 
Community; 

1  OJ No L 323, 23.12.1993, p. 2 
2  OJNoL25,  29.01.1994, p. 37 
3  OJ No L 209, 2.8.1988, p. 18 

Whereas certain measures provided for in the Agreement go beyond the powers of action 
provided  for  in  the  Treaty  and  it  is  therefore  necessary  in  this  case  to  refer  to  the 
provisions of Article 95, after  consultation with the consultative committee and with the 
unanimous assent of the Council, 

+ 3 

HAS ADOPTED THIS DECISION: 

Article I 

The Commission may, with the assent of the Council, decide to refer  to the Association 
Council established by the Agreement with regard to the measures provided for in Article 
29 and Article  116(2) of the Agreement.  Where necessary, the  Commission  shall  adopt 
these measures in accordance with the same procedure. 

The Commission may take the decisions to this end on its own initiative orat the request 
of a Member State. 

Article 2 

In the case of a practice that may justify  application by the Community  of the measures 
provided  for  in  Article  9  of  Protocol  2  to  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, with 
the assent of the Council, adopt safeguard  measures, except in the case of public aids to 
which  Decision  N°  2424/88/ECSC  applies, when  measures  shall  be  taken  according  to 
the procedures laid down in that Decision. 

Such measures shall be taken under the conditions provided for in Article 9 of Protocol 2 
to the Agreement. 

2.In  the  case  of  a  practice  that  may  cause  safeguard  measures  to  be  applied  to  the 
Community  by  Bulgaria  on the  basis  of  Article  9 of  Protocol  2  to  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 on the basis of the criteria laid down in Articles 65 and 66 of the ECSC Treaty 
and  Article  85  of  the  Treaty  establishing  the  European  Community,  and  of  the  rules 
applicable to State aids, including secondary legislation. 

Article 3 

In the case of a practice which is liable to warrant the application, by the Community, of 
the  measures  provided  for  in  Article  30  of  the  Agreement,  the  introduction  of 
anti-dumping  measures  shall  be  decided  upon  in  accordance  with  the  provisions  laid 
down in Decision N° 2424/88/ECSC and the procedure provided for in Articles 34(2) and 
34(3)(b) or (d) of the Agreement. 

Article 4 

3o 

1. Where  a  Member  State  requests  the  Commission  to  apply  safeguard  measures  as 
provided for in Articles 31 or 32 of the Agreement, and 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. 

Member States shall provide the Commission with the information  needed to justify  their 
requests to apply safeguard measures. 

Any Member  State may refer  the decision of the Commission to the Council  within  ten 
working days of its notification. 

If the Council, acting by the qualified  majority  referred  to in Article 28(4) of the Treaty, 
indicates  its  intention  to  request  a  different  decision,  the  Commission  shall  inform 
Bulgaria  thereof  forthwith  and shall notify  it of the opening  of the consultations  within 
the Association Council as provided for in Article 34(2) and (3) of the Agreement. 

The Council, acting by a qualified  majority,  may ask the Commission within one month 
of the  conclusion  of the  consultations  with  Bulgaria  within  the  Association  Council,  to 
adopt safeguard measures. 

2.Where  the  Commission,  at  the  request  of  a  Member  State  or  on  its  own  initiative, 
decides that the  safeguard  measures provided  for  in Articles  31 or 32 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  mentioned  in  Article  4  of  Commission  Decision  N° 
264/94/ECSC (hereinafter  referred to as 'the committee'), 

-at  the  same  time  it  shall  inform  Bulgaria  and  notify  the  Association  Council  of  the 
opening of consultations as referred to in Article 34(2)and (3) of the Agreement, 

-at  the  same  time  it  shall  provide  the  Association  Council  with  all  the  information 
necessary for these consultations. 

3.In any  event,  the  consultations  within  the  Association  Council  shall  be deemed  to  be 
completed  30  days  after  the  notification  referred  to  in  the  fourth  subparagraph  of 
paragraph  1  and in paragraph 2. 

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 31 and 32 of the Agreement. 

4.The  decision  referred  to in paragraph  3 shall be notified  forthwith  to  the  Council,  the 
Member States and Bulgaria; it shall also be notified to the Association Council. 

It shall be immediately applicable. 

31 

5.Any Member State may refer the Commission decision referred to in paragraph 3 to the 
Council within ten working days of receiving notification of the decision. 

6.1f  the  Commission  has  not  taken  a  decision  within  the  meaning  of  the  second 
subparagraph of paragraph 3 within ten working days of the end of the consultations with 
the  Association  Council  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 2 may refer it to the Council. 

7.1n the cases referred  to in paragraph 5 the Council, acting by a qualified  majority,  may, 
within one month, ask the Commission to adopt different  safeguard  measures, and in the 
cases mentioned in paragraph 6, ask the Commission to take measures. 

Article 5 

1 .Where  exceptional  circumstances  arise  within  the  meaning  of  Article  34(3)(d)  of  the 
Agreement,  the  Commission  may  take  immediate  safeguard  measures  in  the  cases 
referred to in Articles 31 and 32 of the Agreement. 

2.1f 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 4(5). 

The procedure set out in Article 4(5) to (7) 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 6 

Notification  to the Association Council by the Community as required by the Agreement 
shall be the responsibility of the Commission. 

Article  7 

This Decision shall enter into force on the same day as the Europe Agreement. 

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

Done at Brussels, 

For the Commission 

Commission Decision N° .../93/ECSC 
of... 

^>  C 

on certain procedures for applying the Europe Agreement 
establishing an association between the European Communities 
and their Member States, of the one part, 
and Romania, of the other part 

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Coal and Steel Community, and in 
particular Article 74 and the first subparagraph of Article 95 thereof, 

Whereas  a  Europe  Agreement  establishing  an  association  between  the  European 
Communities  and their  Member  States, of the one part, and  Romania,  of the other  part, 
hereinafter  referred to as 'the Agreement', was signed in Brussels on 1  February  1993; 

Whereas  pending  the  entry  into  force  of the  Europe Agreement,  its  provisions  on  trade 
and  trade-related  matters  have  been  given  effect  since  1  May  1993  by  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, signed in Brussels on 1  February  1993 l; 

Whereas  pursuant  to  the  conclusions  of  the  Copenhagen  European  Council  on  21  and 
22 June  1993  regarding  new  trade  concessions  for  the  Central  and  Eastern  European 
countries,  an  Additional  Protocol  to  the  Interim  Agreement  was  concluded  on 
20 December  1993 by the  European  Economic  Community  and the  European  Coal  and 
Steel Community, of the one part, and Romania, of the other part2; 

Whereas it is necessary to lay down the procedures for applying various provisions of the 
agreement and in particular those contained in Protocol 2 on ECSC; 

Whereas,  as  regards  measures  of  commercial  protection  it  is  necessary  to  lay  down 
specific  provisions  concerning  the  general  rules  set  out  in  Commission  Decision 
N° 2424/88/ECSC  of 29 July  1988 on protection  against  dumped  or subsidised  imports 
from  countries  not  members  of  the  European  Coal  and  Steel  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  it  is  desirable  to  ensure  that  the  rules  for  the  application  of  the  Agreement 
should  be  similar  for  both  the  European  Community  and  the  European  Coal  and  Steel 
Community; 

1  OJ No L 81, 2.4.1993, p. 2 
2  OJNoL25,  29.01.1994, p. 36 
3  OJNoL209,  2.8.1988, p. 18 

3>3 
Whereas certain measures provided for in the Agreement go beyond the powers of action 
provided  for  in  the  Treaty  and  it  is  therefore  necessary  in  this  case  to  refer  to  the 
provisions of Article 95, after  consultation with the consultative committee and with the 
unanimous assent of the Council, 

HAS ADOPTED THIS DECISION: 

Article 1 

The Commission  may, with the assent of the Council, decide to refer  to the Association 
Council established by the Agreement with regard to the measures provided for in Article 
29 and  Article  117(2) of the Agreement.  Where necessary, the  Commission  shall  adopt 
these measures in accordance with the same procedure. 

The Commission may take the decisions to this end on its own initiative orat the request 
of a Member State. 

Article 2 

In the case of a practice that may justify  application by the Community  of the measures 
provided  for  in  Article  9  of  Protocol  2  to  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, with 
the assent of the Council, adopt safeguard  measures, except in the case of public aids to 
which  Decision  N°  2424/88/ECSC  applies, when  measures  shall  be taken  according  to 
the procedures laid down in that Decision. 

Such measures shall be taken under the conditions provided for in Article 9 of Protocol 2 
to the Agreement. 

2.In  the  case  of  a  practice  that  may  cause  safeguard  measures  to  be  applied  to  the 
Community  by  Romania  on the basis  of  Article  9 of Protocol  2 to 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 on the basis of the criteria laid down in Articles 65 and 66 of the ECSC Treaty 
and  Article  85  of  the  Treaty  establishing  the  European  Community,  and  of  the  rules 
applicable to State aids, including secondary legislation. 

Article 3 

In the case of a practice which is liable to warrant the application, by the Community, of 
the  measures  provided  for  in  Article  30  of  the  Agreement,  the  introduction  of 
anti-dumping  measures  shall  be  decided  upon  in  accordance  with  the  provisions  laid 
down in Decision N° 2424/88/ECSC and the procedure provided for in Articles 34(2) and 
34(3)(b) or (d) of the Agreement. 

Article 4 

^ 

1. Where  a  Member  State  requests  the  Commission  to  apply  safeguard  measures  as 
provided for in Articles 31 or 32 of the Agreement, and 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. 

Member States shall provide the Commission with the information  needed to justify  their 
requests to apply safeguard measures. 

Any Member  State may refer  the decision of the Commission to the Council  within ten 
working days of its notification. 

If the Council, acting by the qualified  majority  referred  to in Article 28(4) of the Treaty, 
indicates  its  intention  to  request  a  different  decision,  the  Commission  shall  inform 
Romania thereof  forthwith  and shall notify  it of the opening of the consultations  within 
the Association Council as provided for in Article 34(2) and (3) of the Agreement. 

The Council, acting by a qualified  majority,  may ask the Commission within one month 
of the conclusion  of the consultations  with Romania within the Association  Council, to 
adopt safeguard measures. 

2.Where  the  Commission,  at  the  request  of  a  Member  State  or  on  its  own  initiative, 
decides that  the safeguard  measures provided  for  in Articles  31 or 32 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  mentioned  in  Article  4  of  Commission  Decision  N° 
264/94 ECSC (hereinafter  referred to as 'the committee'), 

-at  the  same  time  it  shall  inform  Romania  and  notify  the  Association  Council  of  the 
opening of consultations as referred to in Article 34(2)and (3) of the Agreement, 

-at  the  same  time  it  shall  provide  the  Association  Council  with  all  the  information 
necessary for these consultations. 

3.In any  event,  the  consultations  within  the Association  Council  shall  be  deemed  to  be 
completed  30  days  after  the  notification  referred  to  in  the  fourth  subparagraph  of 
paragraph  1  and in paragraph 2. 

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 31 and 32 of the Agreement. 

4.The  decision  referred  to  in paragraph  3 shall  be notified  forthwith  to the  Council, the 
Member States and Romania; it shall also be notified  to the Association Council. 

2>S 

It shall be immediately applicable. 

5.Any Member State may refer the Commission decision referred to in paragraph 3 to the 
Council within ten working days of receiving notification of the decision. 

6.If  the  Commission  has  not  taken  a  decision  within  the  meaning  of  the  second 
subparagraph of paragraph 3 within ten working days of the end of the consultations with 
the Association  Council  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 2 may refer it to the Council. 

7.1n the cases referred  to in paragraph 5 the Council, acting by a qualified  majority,  may, 
within one month, ask the Commission to adopt different  safeguard  measures, and in the 
cases mentioned in paragraph 6, ask the Commission to take measures. 

Article 5 

1 .Where exceptional  circumstances  arise  within  the  meaning  of  Article  34(3)(d)  of  the 
Agreement,  the  Commission  may  take  immediate  safeguard  measures  in  the  cases 
referred to in Articles 31 and 32 of the Agreement. 

2.1f 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 4(5). 

The procedure set out in Article 4(5) to (7) 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 6 

Notification  to the Association Council by the Community as required by the Agreement 
shall be the responsibility of the Commission. 

Article  7 

This Decision shall enter into force on the same day as the Europe Agreement. 

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

Done at Brussels, 

For the Commission 

ISSN 0254-1475 

COM(94) 680 final 

DOCUMENTS 

E N '- 

1102 

Catalogue number : CB-CO-94-701-EN-C 

ISBN 92-77-84368-3 

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