Proposal for a Council Regulation on the safeguard measures provided for in the ACP-EU Partnership Agreement(COM(2002) 371 final — 2002/0140(ACC))
Date: 2002-07-09
Institutions: European Commission
Subjects: ACP countries, EC Regulation, agricultural product, common organisation of markets, cooperation agreement, import policy, protective clause, repeal

C 262 E/396

EN

Official Journal of the European Communities

29.10.2002

Proposal for a Council Regulation on the safeguard measures provided for in the ACP-EU
Partnership Agreement

(2002/C 262 E/26)

COM(2002) 371 final — 2002/0140(ACC)

(Submitted by the Commission on 9 July 2002)

EXPLANATORY MEMORANDUM

The ACP-EU Partnership Agreement, signed in Cotonou on 23 June 2000, has been put into anticipated
application by Decision 1/2000 of the ACP-EC Council of Ministers (1). The preferential trade arrangements
set out in Annex V to this Agreement contain provisions for safeguard measures in the event of
to domestic producers. The proposed Regulation will
particularly increased imports,
implement these provisions.

injurious

The proposed Regulation will replace and repeal Council Regulation (EEC) No 3705/90 (2), which
contained the procedures implementing the corresponding provisions of the fourth Lomé Convention.
With the exception of minor modifications, in particular the replacement of the references to the Lomé
Convention by such to the Cotonou Agreement, the proposed regulation is identical to Regulation (EEC)
No 3705/90.

For these reasons, the Commission proposes to the Council to adopt the attached Regulation.

(1) OJ L 195, 1.8.2000, p. 46.
(2) OJ L 358, 21.12.1990, p. 4.

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,

Whereas:

(1) It is necessary to lay down detailed rules for implementing
the safeguard clauses provided for in Chapter 1 of Annex V
to the ACP-EU Partnership Agreement, signed in Cotonou
on 23 June 2000, hereinafter referred to as ‘the Cotonou
Agreement’,
in order to enable the Community and the
Member States to comply with their obligations under
that Agreement.

(2) It

is therefore appropriate to adapt

the provisions of
Council Regulation (EEC) No 3705/90 of 18 December
1990 on the safeguard measures provided for in the
Fourth ACP-EEC Convention (1) to refer to the Cotonou
Agreement.

(3) Regulation (EEC) No 3705/90 is rendered obsolete by the
present Regulation and should therefore be repealed.

(4) Account should be taken of the undertakings set out in
Article 8(3) and (4) and Articles 9 and 11 of Annex V to
the Cotonou Agreement when examining whether a
safeguard measure should be introduced.

(5) The procedures concerning safeguard clauses provided for
in the Treaty and in the Regulations on the common
organisation of the agricultural markets are also applicable.

(6) By virtue of the Cotonou Agreement, it is also necessary to
lay down certain specific provisions concerning the general
rules set out in Council Regulation (EC) No 3285/94 of 22
December 1994 on common rules for imports (2), as last
amended by Council Regulation (EC) No 2474/2000 (3),

HAS ADOPTED THIS REGULATION:

Article 1

1. Where a Member State requests the Commission to apply
safeguard measures as provided for in Article 8 of Annex V to
the Cotonou Agreement and if the Commission decides not to
apply them, the Commission shall inform the Council and the
Member States accordingly within three working days of
receipt of the request from the Member State.

(1) OJ L 358, 21.12.1990, p. 4.

(2) OJ L 349, 31.12.1994, p. 53.
(3) OJ L 286, 11.11.2000, p. 1.

29.10.2002

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Official Journal of the European Communities

C 262 E/397

Member States
information needed to justify
safeguard measures.

shall provide

the Commission with the
to apply

requests

their

days, any Member State which has referred the matter to the
Commission in accordance with paragraph 2 may refer it to
the Council.

the Commission decides not

to apply safeguard
Where
measures, any Member State may refer that decision to the
Council within 10 working days of its notification.

the
In the cases referred to in paragraphs 5 and 6,
7.
Council, acting by a qualified majority, may adopt a different
decision within 20 working days.

In such a case, the Commission shall notify the ACP States and
inform them of the opening of consultations as referred to in
Article 9(1) of Annex V to the Cotonou Agreement.

The Council, acting by a qualified majority, may adopt a
different decision within 20 working days after the conclusion
of the consultations with the ACP States.

2. Where the Commission, at the request of a Member State
or on its own initiative, decides that the safeguard measures
in Article 8 of Annex V to the Cotonou
provided for
Agreement should be applied:

— it shall

inform the Member States forthwith or,
if it is
responding to a Member State's request, within three
working days of the date of receipt of that request,

— it shall consult a committee made up of representatives of
the Member States and chaired by a Commission represen-
tative,

— at the same time it shall inform the ACP States and notify
them of the opening of consultations as referred to in
Article 9(1) of Annex V to the Cotonou Agreement,

— at the same time it shall provide the ACP States with all the

information necessary for those consultations.

3.
In any event, the consultations shall be deemed to be
completed 21 days after the notification referred to in the
fourth subparagraph of paragraph 1 or the third indent of
paragraph 2.

At the end of the consultations or on expiry of the period of
21 days, and if no other arrangement proves possible, the
Commission, after consulting the committee referred to in
the second indent of paragraph 2, may take appropriate
measures to implement Article 8 of Annex V to the Cotonou
Agreement.

4.
The decision referred to in paragraph 3 shall be notified
forthwith to the Council, the Member States and the ACP
States.

It shall be immediately applicable.

5.
Any Member State may refer the Commission decision
referred to in paragraph 3 to the Council within 10 working
days of receiving notification of the decision.

6.
If the Commission has not taken a decision within 10
working days following the end of the consultations with the
ACP States or, as the case may be, the end of the period of 21

Article 2

1. Where special factors arise within the meaning of Article
9(3) of Annex V to the Cotonou Agreement, the Commission
may take safeguard measures, or authorise a Member State to
apply safeguard measures immediately.

2.
If the Commission receives a request from a Member
State it shall take a decision thereon within three working
days of receipt of the request.

It shall notify the Council and the Member States of
decision.

its

Any Member State may refer the Commission's decision
3.
to the Council in accordance with the procedure provided for
in Article 1(5).

The procedure set out in Article 1(7) shall be applicable.

If the Commission has not taken a decision within the time-
limits specified in paragraph 2, any Member State which has
referred the matter to the Commission may refer it to the
Council in accordance with the procedures referred to in the
first and second subparagraphs.

The provisions of this Article shall not preclude the consul-
tations referred to in Article 9(1) of Annex V to the Cotonou
Agreement.

Article 3

this Regulation shall not preclude the
Implementation of
application of the regulations establishing a common organi-
sation of the agricultural markets or related Community or
national
rules
adopted under Article 308 of the Treaty for processed agri-
cultural products.

administrative provisions or

specific

the

Article 4

Regulation (EEC) No 3705/90 is repealed.

Article 5

This Regulation shall enter
into force on the third day
following its publication in the Official Journal of the European
Communities.

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