Proposal for a Council Decision laying down the procedure for adopting the Community' s position in the Customs Union Joint Committee set up by Decision No 1/95 of the EC-Turkey Association Council on implementation of the final phase of the Customs Union
Date: 1996-01-24
Institutions: European Commission
Subjects: Türkiye, association agreement (EU), common position, competition, customs union

COMMISSION OF THE EUROPEAN  COMMUNITIES 

Brussels,  24.01.1996 
COM(96)  IS fsR^U 

96/0020 (CMS) 

Proposal for a Council Decision laying down the procedure 

for adopting the Community's position in the Customs Union Joint Commi 

set up by Decision No 1/95 of the EC-Turkey Association Council 
on implementation of the final phase of the Customs Union 

(presented by the Commission) 

Explanatory Memorandum 

The entry  into force  of the EC-Turkey  Association  Council Decision  on  implementation 
of  the  final  phase  of  the  Customs  Union,  (hereinafter  referred  to  simply  as  "the  basic 
Decision")  makes  it  necessary  to  establish  a  procedure  for  the  formulation  by  the 
Community of its agreed positions on acts to be adopted by the CUJC. 

We  have  opted  for  a  procedure  based  partly  on  that  applying  to  the  adoption  of 
Community positions in the EEA Joint Committee and partly on that for the Association 
Council,  as  laid  down  in the  1964 Agreement  on measures  and  procedures  required  for 
the implementation  of the Agreement  establishing  an Association  between  the EEC and 
Turkey. 

This  is  because  the  appropriate  procedure  depends  on  the  content  and  purpose  of  the 
particular  CUJC  measure  envisaged.  Under  the  basic  Decision  the  Committee  is 
essentially  called  on to act whenever  unilateral  measures  adopted  by either  Party  affect, 
or might affect,  free trade within the Customs Union. 

Thus  the  CUJC's  responsibilities,  both  in  terms  of  subject  matter  and  the  intended 
purpose  of  the  measures  it  may  adopt,  fall  within  the  scope  of  Article  113  of  the  EC 
Treaty.  Community  positions  on measures  to be taken  by the  CUJC  will  therefore  as a 
rule be adopted by a qualified majority  on the basis of a proposal from the Commission. 

However,  where  the  CUJC  is dealing  with  competition  issues,  à  streamlined  procedure 
will  be  used,  involving  only  the  Commission,  since  the  Treaty  gives  the  Commission 
discretion  to  rule  on  anti-competitive  behaviour  and  appropriate  remedies.  The  same 
would apply where the CUJC was asked to decide on technical adjustments  by Turkey to 
bring its legislation into line with Community law. 

The  Commission  accordingly  transmits  to  the  Council,  for  adoption,  the  attached 
proposal for a decision laying down the procedure for adopting the Community's position 
in the Customs Union Joint Committee. 

1 

Proposal for a Council Decision laying down the procedure 
for adopting the Community's position in the Customs Union Joint Committee 
set up by Decision No 1/95 of the EC-Turkey Association Council 
on implementation of the final phase of the Customs Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 235 thereof,  in conjunction  with the second  sentence  of Article  228(2), the first 
subparagraph of Article 228(3) and Article 228(4), 

Having regard to the Opinion of the European Parliament, 

Having regard to the proposal from the Commission, 

Whereas  Decision  1/95  of  the  EC-Turkey  Association  Council  established  a  Customs 
Union  Joint  Committee;  whereas 
to  frame 
recommendations  to  the  Association  Council  and  has  decision-making  powers  in  the 
cases provided for by the said Decision; 

that  Committee 

is  empowered 

Whereas  for  the  purposes  of  Joint  Committee  proceedings  it  is  necessary  to  lay  down 
rules  for  adoption  of  common  positions  on  the  basis  of  which  the  Community, 
represented  on the Committee by the Commission, can enter into commitments vis-à-vis 
Turkey; 

Whereas  the  Joint  Committee's  task  is to ensure  the proper  functioning  of the  Customs 
Union  and  freedom  of  trade  between  the  Parties;  whereas  common  positions  to  be 
adopted by the Community accordingly fall within the scope of Article  113 of the Treaty 
establishing  the  European  Community,  and  the  procedure  provided  for  by  that  Article 
should as a rule apply; 

Whereas  it  is  necessary,  however,  to  provide  that  common  positions  relating  to  the 
application  of Community  legislation  and any associated  technical  adjustments  or to the 
assessment of anti-competitive behaviour should be adopted by the Commission, 

HAS ADOPTED THIS DECISION 

Article 1 

Subject  to  Article  2, the position  to be taken by the Community  in the Customs  Union 
Joint  Committee  shall  be  adopted  by  the  Council,  acting  by  a  qualified  majority  on  a 
proposal from the Commission. 

Article 2 

5 

The position to be taken by the Community  in the Customs Union Joint Committee shall 
be adopted by the Commission where the said position relates to the simple transposition 
into  the  Customs  Union  of acts  of  Community  law,  if necessary  by means  of  technical 
adjustments, or to the assessment of anti-competitive behaviour. 

H 

ISSN 0254-1475 

COM(96) 18 final 

DOCUMENTS 

EN 

02  11 

Catalogue number  : CB-CO96-020-EN-C 

ISBN 92-77-99646-3 

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