Council Regulation (EC) No 1569/1999 of 12 July 1999 on certain procedures for applying the European Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Slovenia, of the other part
Date: 1999-07-12
Institutions: Council of the European Union
Subjects: Slovenia, agricultural product, anti-dumping duty, anti-dumping legislation, association agreement (EU), dumping

20. 7. 1999

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Official Journal of the European Communities

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 1569/1999

of 12 July 1999

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

(1) Whereas a Europe Agreement establishing an association
between the European Communities and their Member
States, of the one part, and the Republic of Slovenia of
the other part, hereinafter referred to as ‘the Agreement’,
was signed in Luxembourg on 10 June 1996;

1994 on the common rules for imports (2) and in
Council Regulation (EC) No 384/96 of 22 December
1995 on protection against dumped from countries not
members of the European Community (3);

(5) Whereas account should be taken of the undertaking set
out in the Agreement when examining whether a safe-
guard measure should be introduced;

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

(7) Whereas specific provisions have been adopted for safe-
guard measures concerning the textile products covered
by Protocol 1 of the Agreement;

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

(2) Whereas pending the entry into force of the Europe
its provisions on trade and trade-related
Agreement,
matters have been given effect since 1 January 1997 by
an Interim Agreement on 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
Slovenia, of the other part, signed in Brussels on 11
November 1996 (1);

HAS ADOPTED THIS REGULATION:

TITLE I

Tariff quotas and tariff ceilings

Article 1

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

(4) Whereas, with regard to trade protection measures, it is
the Agreement
appropriate, where the provisions of
render it necessary,
to lay down specific provisions
concerning the general rules provided for in particular in
Council Regulation (EC) No 3285/94 of 22 December

(1) OJ L 344, 31.12.1996, p. 3.

Provisions for the application of Article 21(2) of the Agree-
ment concerning agricultural products falling within Annex II
of the Treaty and subject to a common market organisation
shall be adopted in accordance with the procedure provided for
in Article 23 of Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of the market in
cereals (4), or in the corresponding provisions of other regula-
tions establishing a common organisation of the agricultural
markets.

(2) OJ L 349, 31.12.1994, p. 53. Regulation as last amended by Regu-

lation (EC) No 2315/96 (OJ L 314., 4.12.1996, p. 1).

(3) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation

(EC) No 905/98 (OJ L 128, 30.4.1998, p. 18).

(4) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regula-

tion (EC) No 923/96 (OJ L 126, 24.5.1996, p. 37).

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Official Journal of the European Communities

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Article 2

Provisions for the application of tariff quotas and tariff
1.
ceilings provided for in Annexes II, VI
(other than those
covered by Article 1) and VIIIa of the Agreement, including
amendments and technical adaptations made necessary by
amendments
to the Combined Nomenclature and TARIC
codes, or arising from the conclusion by the Council of agree-
ments, protocols or
letters between the
exchanges of
Community and Slovenia, shall be adopted by the Commission,
assisted by the Customs Code Committee set up by Article 247
of Regulation (EEC) No 2913/92 (1) 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 the case of decisions which the
Council is required to adopt on a proposal from the Commis-
sion. 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 imme-
diately. However, if these measures are not in accordance with
the opinion of the Committee, they shall be communicated by
the Commission to the Council forthwith. In that event:

— the Commission may defer application of the measures
which it has decided for a period of not more than three
months from the date of such communication,

— the Council, acting by qualified majority, may take a
different decision within the period referred to in the first
indent.

3.
The Committee may examine any question concerning
the application of tariff quotas and tariff ceilings which is
raised by its chair either at the latter's initiative or at the request
of a Member State.

4.
As soon as the tariff ceilings are reached, the Commission
may adopt a regulation re-establishing, until the end of the
calendar year, the customs duties applicable 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 Associa-
tion Council established by the Agreement with regard to the

measures provided ofr in Articles 29 and 123(2) of the Agree-
ment. Where necessary, the Council shall adopt these measures
in accordance with the same procedure.

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

Article 4

1.
In the case of a practice that may justify application by
the Community of the measures provided for in Article 65 of
the Agreement, the Commission, after examing 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
procedures laid down in Article 113 of the Treaty, except in
the cases of aid to which Regulation (EC) No 3284/94 (2)
applies, when measures shall be taken according to the proced-
ures laid down in that Regulation. Measures shall be taken only
under conditions set out in Article 65(6) of the Agreement.

2.
In the case of a practice that may cause measures to be
applied to the Community by Slovenia on the basis of Article
65 of the Agreement, the Commission, after examining the
case, shall decide whether the practice is compatible with the
principle 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 applica-
tion, 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 provi-
sions laid down in Regulation (EC) No 384/96 and the proce-
dure provided for in Article 34(2) and (3)(b) or (d) of the
Agreement.

Article 6

1. Where a Member State requests the Commission to apply
safeguard measures as provided for in Articles 31 and 32 of the
Agreement, it shall provide the Commission, in support of its
the
request, with the information needed to justify it.
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.

If

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

(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regula-

tion (EC) No 82/97 (OJ L 17, 21.1.1997, p. 1).

(2) OJ L 349, 31.12.1994, p. 22.

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If the Council, acting by qualified majority, indicates its inten-
tion to adopt a different decision, the Commission shall inform
Slovenia 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 take a
different decision within twenty working days of the conclu-
sion of the consultations with Slovenia within the Association
Council.

The Commission shall be assisted by the Committee
2.
established by Regulation (EC) No 3491/93 (1)
(hereinafter
referred to as ‘the Committee’), composed of representatives of
the Member States and chaired by a representative 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 opportunity.

3. 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 and 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 Slovenia 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 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 arrangement proves possible, the
Commission after consulting the Committee, may take appro-
priate measures to implement Articles 31 and 32 of the Agree-
ment.

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

The decision shall be applicable immediately.

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

If the Commission has not taken a decision within the
7.
meaning of the second subparagraph of paragraph 4 within 10
working days of the end of the consultations with the Associa-
tion Council or, as the case may be, the end of the period of 30

(1) OJ L 319, 21.12.1993, p. 1.

days, any Member States which have 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.

Article 7

exceptional

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

circumstances

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.

Any Member State may refer the Commission's decision
3.
to the Council in accordance with the procedure provided for
in Article 6(6).

The procedures set out in Article 6(7) and (8) shall be applic-
able.

If the Commission has not taken a decision within the time
limit mentioned in the second subparagraph of paragraph 1,
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 8

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

Article 9

By way of derogation from Articles 6 and 7, if the circum-
stances demand that measures are taken concerning agricul-
tural products on the basis of Articles 22 and 31 of the
Agreement or on the basis of provisions in the Annexes
taken
covering these products,
according to procedures provided for by the rules establishing
a common organisation of
the agricultural market, 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 the conditions estab-
lished pursuant to Article 22 or Article 34(2) and (3) of the
Agreement are met.

such measures

shall be

Article 10

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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This Regulation does not preclude the application of safeguard measures provided for in the Treaty
establishing the European Community, in particular in Article 119 and 120, 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 1 February 1999.

Article 12

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

Done at Brussels, 12 July 1999.

For the Council

The President

S. NIINISTÖ