Proposal for a COUNCIL DECISION on the progressive dismantling of certain quantitative restrictions on imports of certain ECSC products
Date: 1995-06-20
Institutions: European Commission
Subjects: GATT, Spain, coal, import restriction, quantitative restriction

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels, 20.06.1995 
COM(95) 281  final 

95/0153 (ACC) 

Proposal  for  a 

COUNCIL  DECISION 

on the progressive dismantling of certain quantitative restrictions on 
imports of certain ECSC products 

(presented  by the  Commission) 

Explanatory memorandum 

Article  26  of  Council  Regulation  (EC)  No  3285/94  on  the  common  rules  for  imports 
stipulates  that  residual  national  restrictions  relating  to  products  covered  by  the  ECSC 
Treaty  should  be  progressively  dismantled  in  accordance  with  the  provisions  of  the 
Agreement  establishing  the  World  Trade  Organization  (WTO),  and  in  particular  the 
provisions of the Agreement on Safeguards. 

The national restrictions in question have for many years been applied by Spain to imports 
of coal, briquettes, etc. 

Under the Agreement on Safeguards a timetable should be presented to the Committee on 
Safeguards  for  phasing out  measures within  a four-year  period  following  the  entry  into 
force of the WTO Agreement.  This period ends on 31 December  1998. 

On 2 March  1995 the Commission notified  the Committee on  Safeguards  of the national 
It  must  now  notify  it  by  1 July  1995  of  the  timetable  for 
restrictions  in  question. 
dismantling them. 

The appropriate  measures must therefore  be adopted  and the Member  State  in  question 
must make provision for  a progressive increase in imports of these products with a view 
to their definitive liberalization. 

The  quantities  given  in  the  Annex  to  this  Decision  take  account  of  the  need  for  this 
Member  State  and  the  economic  sectors  concerned  to  prepare  gradually  for  this 
liberalization, which can already be achieved from I January 1998. 

Proposai for a 
Council Decision (EC) No...795 
of....l995 
on the progressive dismantling of certain quantitative restrictions on 
imports of certain ECSC products 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 113 thereof, 

Having  regard  to  Council  Regulation  (EC)  No  3285/94  of  22  December  1994  on  the 
common  rules  for  imports  and  repealing  Regulation  (EC) No  518/94,  and  in  particular 
Articles 23 and 26 thereof,1 

Having regard to the proposal from the Commission, 

Whereas  Spain has for  many years applied  quantitative restrictions to  imports  of  certain 
ECSC products originating in third countries; whereas these restrictions apply to imports 
of products falling within CN codes  2701  11, 2701 12 90 and 2701 19; 

Whereas due account  was taken when Regulation  (EC) No  3285/94  was adopted  of the 
Community's  international  obligations,  particularly  those  deriving  from  the  Agreement 
establishing the World Trade Organization (WTO); 

Whereas  Article  26  of  Regulation  (EC)  No  3285/94  stipulates  that  residual  national 
restrictions  relating  to  products  covered  by  the  ECSC  Treaty  shall  be  progressively 
dismantled  in accordance  with the  provisions  of the  Agreement  establishing  the WTO, 
which include coal and steel products; 

1  OJ No L 349, 31.12.1994, p.53. 

Whereas  the Agreement  on Safeguards,  contained  in Annex  1A to the WTO Agreement, 
requires the  progressive  elimination  of measures of the type  applied  by  Spain which  are 
not covered by the provisions of GATT 1994, and specifically those of Article XIX; 

Whereas  under  the  Agreement  on  Safeguards  a  timetable  must  be  presented  to  the 
Committee  on  Safeguards  for  phasing out  such measures  within a period  not  exceeding 
four  years  after  the  date  of  entry  into  force  of  the  WTO;  whereas  this  process  of 
elimination must therefore end by 31 December 1998; 

Whereas on 2 March  1995 the Commission notified  the Committee on  Safeguards  of the 
national restrictions in question and it must now notify  the Committee by  1 July  1995 of 
the timetable for dismantling them; 

Whereas, to this end, appropriate measures should be taken to draw up the timetable and 
arrangements  for  phasing  out  restrictions  by  setting  annual  limits  which  the  Spanish 
authorities  can  apply to  the  imports  in question,  providing  for  a  progressive  increase  in 
these imports with a view to their liberalization at the end of a period which may end on 
31 December 1997, 

HAS ADOPTED THIS DECISION: 

Article 1 

The national restrictions applied by Spain to imports originating in third countries  falling 
within CN codes 2701  11, 2701  12 90 and 2701  19 shall be eliminated by 31 December 
1997 at the latest. 

The Annex to this Decision gives the annual limits which Spain can apply to imports of the 
products listed during the above period. 

Article 2 

Spain  shall  charge  the  licences  already  issued  at  the  date  of  entry  into  force  of  this 
Decision against the quantities for 1995. 

Article 3 

This Decision is addressed to Spain.  It shall take effect on the day of its notification. 

Done at Brussels,.... 1995. 

For the Council 

The President 

Annex 
on the dismantling of national restrictions on imports of certain ECSC 
products 

Member 
State 

Product 

CN code 

Spain 

Anthracite 

2701 11 

1995 
(tonnes) 

1996 
(tonnes) 

1997 
(tonnes) 

1998 
(tonnes) 

2701  12 90 

Other 
bituminous 
coal 

Other coal 

2701 19 

10.600.000  10.800.000  11.100.000  Free import 

ISSN 0254-1475 

COM(95) 281  final 

DOCUMENTS 

ii 

ilr 

i '  «  .  >£ 

02 

EN 

Catalogue number  : CB-CO-95-312-EN-C 

ISBN 92-77-90760-6 

Office for Official Publications of the European Communities 

L-2985 Luxembourg