Proposal for a COUNCIL REGULATION (EC) amending Regulation (EC) No 3286/94 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community' s rights under international trade rules, in particular those established under the auspices of the World Trade Organisation
Date: 1995-01-17
Institutions: European Commission
Subjects: common commercial policy, international organisation, international trade, market protection, restriction on competition, trade regulations

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

COM(95) 8 final 
Brussels,  17.01.1995 

95/0014  (ACC) 

Proposal  for a 

COUNCIL  REGULATION  (EC) 

amending Regulation (EC) No 3286/94 laying down Community  procedures 

in the field of the common commercial policy in order to ensure the exercise 

of the Community's rights under international trade rules, in particular those 

established under the auspices of the World Trade Organisation 

(presented  by  the Commission) 

Explanatory  Memorandum 

in December  1994, the Council adopted Regulation (EC) No 3286/94, implementing the 
Uruguay Round results and concerning the exercise of Community's rights under 
international trade rules ("Trade Barriers Regulation"), and repealed the existing 
Regulation (EEC) No 2641/841 on the strengthening of the common commercial  policy, 
with regard in particular to illicit commercial practices. 

Last minute changes in the Council to the Commission proposal appear to have created 

some uncertainty as to what rules apply to proceedings pending under Regulation  (EEC) 

No 2641/84 as of the date of entry into force of the new Trade Barriers Regulation 

(1 January  1995). 

Therefore, there is an urgent need to amend Articles  15(2) and  16 of the new Regulation 
to clarify  that this Regulation also applies to proceedings still pending on  1  January  1995, 
but for which investigations had been concluded. In this respect, the Commission  submits 
to the Council: 

a proposal to amend Articles  15(2) and  16(1) of the new Trade Barriers 

Regulation. 

OJ No L252, 29.9.1984, p. 1 

• 

f  J 

Council Regulation (EC) No 

/95 

amending Regulation (EC) No 3286/94 laying down Community procedures in the 

field  of the common commercial policy in order to ensure the exercise of the 

Community's  rights under international trade rules, in particular those established 

under the auspices of the World Trade Organisation 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular 

Article  113 thereof, 

Having regard to the proposal from the Commission, 

Whereas by Regulation (EC) No 3286/940 the Council has adopted  Community 

procedures to ensure the exercise of the Community's rights under international trade 

rules, 

Whereas Article  15(2) of Regulation (EC) No 3286/94 repealed Regulation (EEC) No 
2641/84(2) on the strengthening of the common commercial policy with regard in 
particular to protection against illicit commercial practices, 

Whereas by its Article  16(1) Regulation (EC) No 3286/94 is applicable to proceedings 
initiated after  1  January  1995, 

Whereas it is therefore  appropriate to amend Articles  15(2) and  16(1) of Regulation (EC) 
No 3286/94 in order to clarify  that Regulation (EC) No 3286/94 also applies to 
proceedings pending on  1  January  1995, but in relation to which Community 
examination procedures had been completed, 

HAS ADOPTED THIS REGULATION: 

W  OJNoL349of31.12.1994 
(2)  OJNoL252  of 29.9.1984, p.l 

Article 1 

1. 

Article  15 (2) of Regulation (EC) No 3286/94 shall be replaced by the following  : 

"2.  Regulation (EEC) No 2641/84 is hereby repealed and replaced. References  to the 
repealed Regulation shall be construed as references to this Regulation where 
appropriate." 

2. 

Article  16(1) of Regulation (EC) No 3286/94 shall be replaced by the  following 

"1.  This Regulation shall apply as from  1  January  1995. It shall apply to proceedings 
initiated after that date, as well as to proceedings pending at that date and in 
relation to which Community examination procedures have been completed." 

Article 2 

This Regulation shall apply as from  1  January  1995. 

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

\ 
j 

ISSN 0254-1475 

COM(95) 8 final 

DOCUMENTS 

EN 

02 

Catalogue number : CB-CO-95-011-EN-C 

ISBN 92-77-84861-8 

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