Council Regulation (EC) No 595/98 of 9 March 1998 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 Estonia, of the other part
Date: 1998-03-09
Institutions: Council of the European Union
Subjects: Estonia, European Association Agreement, customs regulations, liberalisation of trade, protective clause, tariff quota

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COUNCIL REGULATION (EC) No 595/98

of 9 March 1998

on certain procedures for applying the Europe Agreement establishing an asso-
ciation between the European Communities and their Member States, of the one
part, and the Republic of Estonia, of the other part

THE COUNCIL OF THE EUROPEAN UNION,

Whereas certain provisions should be introduced for the
application of tariff quotas and tariff ceilings,

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

Having regard to the proposal from the Commission,

HAS ADOPTED THIS REGULATION:

Whereas a Europe Agreement establishing an association
between the European Communities and their Member
States, of the one part, and the Republic of Estonia, of the
other part, was signed in Brussels on 12 June 1995;

Whereas, pending the entry into force of the Europe
Agreement, hereinafter referred to as ‘the Agreement', its
provisions on trade and trade-related matters have been
applied since 1 January 1995 by an Agreement on free-
trade and trade-related matters between the European
Community, the European Coal and Steel Community
and the European Atomic Energy Community, of the one
part, and the Republic of Estonia, of the other part, signed
in Brussels on 19 December 1994 (1);

Whereas it is necessary to lay down the procedures for
applying certain provisions of the Agreement;

it necessary,

Whereas, with regard to trade protection measures, it is
appropriate, where the provisions of
the Agreement
render
to lay down specific provisions
concerning the general rules provided for in particular in
Council Regulation (EC) No 3285/94 of 22 December
1994 on common rules for imports (2) and in Council
Regulation (EC) No 384/96 of 22 December 1995 on
protection against dumped imports from countries not
members of the European Community (3);

Whereas account should be taken of the undertakings set
out in the Agreement before deciding whether a safeguard
measure should be introduced;

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 safe-
guard measures concerning the textile products covered
by Protocol 1 of the Agreement;

(1) OJ L 373, 31. 12. 1994, p. 1.
(2) OJ L 349, 31. 12. 1994, p. 53.
(3) OJ L 56, 6. 3. 1996, p. 1.

TITLE I

Tariff quotas and tariff ceilings

Article 1

shall be

adopted by

The rules for the application of Articles 18 and 19 of the
the Commission
Agreement
according to the procedure provided for in Article 23 of
Regulation (EEC) No 1766/92 (4), or, according to the
case, in the relevant provisions of the other Regulations
on the common organisation of the markets, or of Regu-
lation (EC) No 3448/93 (5) or by the Commission, assisted
by the Customs Code Committee, according to the
procedure provided for in Article 2(2) of this Regulation.

Article 2

Provisions for the application of tariff quotas and
1.
tariff ceilings provided for in Annex V of the Agreement,
including amendments and technical adaptations made
necessary by amendments to the Combined Nomen-
clature and Taric codes, or arising from the conclusion by
the Council of agreements, protocols or exchanges of
letters between the Community and Estonia, shall be
adopted by the Commission, assisted by the Customs
Code Committee set up by Article 247 of Regulation
(EEC) No 2913/92 (6), according to the procedure set out
in paragraph 2 of this Article.

2.
The representative of the Commission shall submit
to the Committee a draft of the measures to be taken. The
Committee shall deliver its opinion on the draft within a
time limit which the chair may lay down according to the
urgency of the matter. The opinion shall be delivered by
the majority laid down in Article 148(2) of the Treaty in

(4) OJ L 181, 1. 7. 1992, p. 21. Regulation as last amended by
Regulation (EC) No 923/96 (OJ L 126, 24. 5. 1996, p. 37).

(5) OJ L 318, 20. 12. 1993, p. 18.
(6) OJ L 302, 19. 10. 1992, p. 1.

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the case of decisions which the Council is required to
adopt on a proposal from the Commission. The votes of
the representatives of
the Member States within the
Committee shall be weighted in the manner set out in
that Article. The chairman shall not vote.

The Commission shall adopt the measures, which apply
immediately. However,
in
accordance with the opinion of the Committee, they shall
be communicated by the Commission to the Council
forthwith. In that event:

these measures are not

if

(cid:190) the Commission may defer application of the meas-
ures which it has decided for a period of not more
than three months from the date of such communica-
tion,

(cid:190) the Council, acting by qualified majority, may take a
different decision within the period referred to in the
first indent.

The Committee may

3.
question
concerning the application of tariff quotas and tariff ceil-
ings, which is raised by its chair either at the latter’s
initiative or at the request of a Member State.

examine

any

soon as

the tariff ceilings are reached,

4. As
the
Commission may adopt a regulation re-establishing, until
the end of the calendar year, the customs duties applic-
able to third countries.

TITLE II

Protective measures

Article 3

The Council may,
in accordance with the procedure
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 27
and 122(2) of
the
Council shall adopt these measures in accordance with
the same procedure.

the Agreement. Where necessary,

The Commission may, on its own initiative or at the
request of
the necessary
proposals to this end.

a Member State, present

Article 4

the Agreement,

In the case of a practice that may justify application
1.
the measures provided for in
by the Community of
Article 63 of
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
to the
propose the adoption of

safeguard measures

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 (EC) No 3284/94 (1) applies,
when measures shall be taken according to the procedures
laid down in that Regulation. Measures shall be taken
only under conditions set out in Article 63(6) of the
Agreement.

the Agreement,

2.
In the case of a practice that may cause measures to
be applied to the Community by Estonia on the basis of
Article 63 of
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 criteria which result from the application of
Articles 85, 86 and 92 of the Treaty.

Article 5

In the case of a practice which is liable to warrant the
application, by the Community, of the measures provided
for in Article 28 of the Agreement, the introduction of
anti-dumping measures shall be decided upon in accord-
ance with the provisions laid down in Regulation (EC) No
384/96 (2) and the procedure provided for in Article 32(2)
and (3)(b) or (d) of the Agreement.

Article 6

in support of

1. Where a Member State requests the Commission to
apply safeguard measures as provided for in Articles 29
and 30 of the Agreement, it shall provide the Commis-
sion,
its request, with the information
needed to justify it. If the Commission decides not to
apply safeguard measures, it shall inform the Council and
the Member States accordingly within five working days
of receipt of the request from the Member State.

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

this decision of

If the Council, acting by qualified majority, indicates its
intention to adopt a different decision, the Commission
shall inform Estonia thereof forthwith and shall notify it
of the opening of the consultations within the Association
Council as provided for in Article 32(2) and (3) of the
Agreement.

The Council, acting by a qualified majority, may take a
different decision within 20 working days of the conclu-
sion of the consultations with Estonia within the Associa-
tion Council.

The Commission shall be assisted by the Committee
2.
established by Regulation (EC) No 3491/93 (3) (hereinafter
referred to as ‘the Committee'), composed of represent-
atives of the Member States and chaired by a represen-
tative of the Commission.

The Committee shall meet when convened by its
chairman. The latter shall communicate any appropriate
information to the Member States at the earliest oppor-
tunity.

(1) OJ L 349, 31. 12. 1994, p. 22.
(2) OJ L 56, 6. 3. 1996, p. 1.
(3) OJ L 319, 21. 12. 1993, p. 1.

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3. Where the Commission, at the request of a Member
State or on its own initiative, decided that the safeguard
measures provided for in Articles 29 and 30 of the Agree-
ment should be applied:

(cid:190) it shall inform the Member States forthwith if acting
on its own initiative or,
is responding to a
Member State’s request, within five working days of
the date of receipt of that request,

if

it

(cid:190) it shall consult the Committee,

(cid:190) at the same time it shall inform Estonia and notify the
Association Council of the opening of consultations as
referred to in Article 32(2) and (3) of the Agreement,

(cid:190) 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 Associa-
tion Council shall be deemed to be completed 30 days
after the notification referred to in paragraphs 1 and 3.

At the end of the consultations or on expiry of the period
of 30 days, and if no other arrangements proves possible,
the Commission after consulting the Committee, may
take appropriate measures to implement Articles 29 and
30 of the Agreement.

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

The decision shall be applicable immediately.

6. Any Member State may refer
the Commission
decision referred to in paragraph 4 to the Council within
10 working days of receiving notification of the decision.

7.
If the Commission has not taken a decision within
the meaning of the second subparagraph of paragraph 4
within 10 working days of the end of the consultations
with the Association Council or, as the case may be, the
end of the periods of 30 days, any Member State which
has referred the matter to the Commission in accordance
with paragraph 3 may refer it to the Council.

8.
In the cases referred to in paragraphs 6 and 7 the
Council, acting by a qualified majority, may take a
different decision within two months.

the cases referred to in Articles 29 and 30 of the Agree-
ment.

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

2.
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 6(6).

The procedure set out in Article 6(7) and (8) shall be
applicable.

If the Commission has not taken a decision within the
time limit mentioned in the second subparagraph of para-
graph 1, any Member State which has referred the matter
to the Commission may refer it to the Council in accord-
ance with the procedures laid down in the first and
second subparagraphs of this paragraph.

Article 8

The procedures laid down in Articles 6 and 7 shall not
apply to products covered by Protocol 1 of the Agree-
ment.

Article 9

By way of derogation from Articles 6 and 7, if the circum-
stances demand that measures are taken concerning agri-
cultural products on the basis of Articles 20 and 30 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 estab-
lishing a common organisation of
the agricultural
markets, or in specific provisions adopted pursuant to
Article 235 of
the Treaty and applicable to products
resulting from the processing of agricultural products,
provided that
to
Article 20 or Article 32(2) and (3) of the Agreement are
met.

the conditions established pursuant

Article 7

Article 10

1. Where exceptional circumstances arise within the
meaning of Articles 32(3)(d) of
the
Commission may take immediate safeguard measures in

the Agreement,

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

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Article 11

Article 12

This Regulation does not preclude the application of safe-
guard measures provided for in the Treaty establishing the
European Community, in particular in Articles 109h and
109i, according to the procedures laid down therein.

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 1 February 1998.

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

Done at Brussels, 9 March 1998.

For the Council

The President

G. BROWN