Proposal for a Council Decision on the position to be taken by the Community within the EU-Slovak Republic Association Council established by the Europe Agreement between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part, which entered into force on 1 February 1995, extending the double-checking system for the period from the date of entry into force of the Decision of the Association Council up to the date of accession by the Slovak Republic to the European Union, concerning the export of certain steel products from the Slovak Republic to the Community
Date: 2002-11-29
Institutions: European Commission
Subjects: Association Council (EU), Slovakia, association agreement (EU), customs regulations, import (EU), iron and steel product, trading operation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 29.11.2002
COM(2002) 666 final

2002/0277 (ACC)

Proposal for a

COUNCIL DECISION

on the position to be taken by the Community within the EU-Slovak Republic
Association Council established by the Europe Agreement between the European
Communities and their Member States, of the one part, and the Slovak Republic, of the
other part, which entered into force on 1 February 1995, extending the double-checking
system for the period from the date of entry into force of the Decision of the Association
Council up to the date of accession by the Slovak Republic to the European Union,
concerning the export of certain steel products from the Slovak Republic to the
Community

(presented by the Commission)

EXPLANATORY MEMORANDUM

The  aim  of  the  double-checking  system  is  to  improve  transparency  and  to  avoid  possible
diversions  of  trade.  It  is  founded  on  the  provision  in  the  EC-Slovak  Republic  Europe
Agreement1 which allows either Party to introduce an administrative procedure having as its
purpose the rapid provision of information on the trend of trade flows. The Parties agreed to
establish such a system in 1998 in respect of certain steel products by means of Decision N°
3/972 of the Association Council. By means of Decision N° 1/993 of the Association Council
the system was extended, with amended product coverage, for the period from 1 January to 31
December 1999, by means of Decision N° 1/004 of the Association Council the system was
extended for the period from 1 January to 31 December 2000, by means of Decision N° 1/015
of  the  Association  Council  the  system  was  extended  for  the  period  from  1  January  to  31
December 2001 and by means of Decision N° 3/20026 of the Association Council the system
was extended for the period from 1 January to 31 December 2002. Council Regulation (EC)
N°  85/987,  amended  by  Council  Regulation  (EC)  N°  288/998,  extended  by  Council
Regulations (EC) N° 543/009, N° 238/0110 and N° 1093/200211 established the corresponding
implementing legislation for the Community.

At  its  meeting  on  28  October  2002  ,  the  Contact  Group  agreed  to  recommend  that  the
Association Council should extend the double-checking system for the period from the date of
entry into force of the Decision of the Association Council up to the date of accession by the
Slovak Republic to the European Union.

The  attached  proposal  consequently  seeks  to  extend  Decision  N°  3/97  of  the  Association
Council  for  the  period  from  the  date  of  entry  into  force  of  the  Decision  of  the  Association
Council up to the date of accession by the Slovak Republic to the European Union.

1 OJ N° L 359, 31.12.94, p. 2.
2 OJ N° L 13, 19.01.98, p. 71.
3 OJ N° L 36, 10.02.99, p. 18.
4 OJ N° L 67, 15.03.00, p. 36.
5 OJ N° L 35, 6.2.01, p. 38
6 OJ N° L 166, 25.6.2002, p. 22.
7 OJ N° L 13, 19.01.98, p. 15.
8 OJ N° L 36, 10.02.99, p. 1
9 OJ N° L 67, 15.03.00, p. 3.
10 OJ N° L 35, 6.2.01, p. 2
11 OJ N° L 166, 25.6.2002, p. 1.

2

                                                
2002/0277 (ACC)

Proposal for a

COUNCIL DECISION

on the position to be taken by the Community within the EU-Slovak Republic
Association Council established by the Europe Agreement between the European
Communities and their Member States, of the one part, and the Slovak Republic, of the
other part, which entered into force on 1 February 1995, extending the double-checking
system for the period from the date of entry into force of the Decision of the Association
Council up to the date of accession by the Slovak Republic to the European Union,
concerning the export of certain steel products from the Slovak Republic to the
Community

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 Commission12,

Having regard to the Decision of the Council and the Commission of 19 December 1994 on
the  conclusion  of  the  Europe  Agreement  between  the  European  Communities  and  their
Member States, of the one part, and the Slovak Republic, of the other part, and in particular
Article 2(1) thereof,

Whereas:

(1) 

(2) 

The Contact Group  referred  to  in  Article  10  of  Protocol  2  of  the  Europe  Agreement
between the European Communities and their Member States of the one part and the
Slovak Republic of the other part, which entered into force on 1 February 199513, met
on 28 October 2002 to discuss trends in imports of products from the Slovak Republic
into  the  Community  and  recognised  the  need  to  find  appropriate  solutions  in  the
framework of Article 34(2) of the Agreement in order to ensure that the attainment of
the objectives of the Agreement will not be jeopardised;

The  Contact  Group  therefore  agreed  to  recommend  to  the  Association  Council
established  under  Article  104  of  the  Agreement  that  the  double-checking  system
introduced  in  1998  by  Decision  N°  3/9714  of  the  Association  Council,  amended  by
Decision N° 1/9915 of the Association Council, extended by Decisions N° 1/0016, N°

12OJ C
13 OJ N° L 359, 31.12.94, p.1
14 OJ N° L 13, 19.01.98, p. 71.
15 OJ N° L 36, 10.02.99, p. 18.
16 OJ N° L 67, 15.03.00, p. 36.

3

                                                
(3) 

(4) 

1/0117 and N° 3/200218of the Association Council, should be extended for the period
from the date of entry into force of the Decision of the Association Council up to the
date of accession by the Slovak Republic to the European Union;

The Parties are desirous to promote the orderly and equitable development of trade in
steel between the Community and the Slovak Republic;

The  Association  Council,  having  been  supplied  with  all  relevant  information,  has
determined  that  the  solution  acceptable  to  the  two  parties  which  least  disturbs  the
functioning of the Agreement is the extension of the double-checking system, without
quantitative limits, for the import into the Community of certain steel products for the
period from the date of entry into force of the Decision of the Association Council up
to the date of accession by the Slovak Republic to the European Union,

HAS DECIDED AS FOLLOWS:

Sole Article

The position to be taken by the Community within the Association Council established by the
Europe Agreement between the European Communities and their Member States, of the one
part,  and  the  Slovak  Republic,  of  the  other  part,  concerning  the  export  of  certain  steel
products  from  the  Slovak  Republic  to  the  European  Communities,  and  in  particular  the
extension  of  the  double-checking  system,  shall  be  based  on  the  draft  decision  of  the
Association Council annexed to this Decision.

Done at Brussels,

For the Council
The President

17 OJ N° L 35, 6.2.01, p. 38
18 OJ N° L 166, 25.6.2002, p. 22.

4

                                                
DECISION N° ......./2002 OF THE EU-SLOVAK REPUBLIC ASSOCIATION
COUNCIL,

of .................... 2002

extending the double-checking system established by Decision N° 3/97 of the Association
Council for the period from the date of entry into force of this Decision up to the date of
accession by the Slovak Republic to the European Union

(2002/...../EC)

THE ASSOCIATION COUNCIL

Whereas:

(1) 

The Contact Group  referred  to  in  Article  10  of  Protocol  2  of  the  Europe  Agreement
establishing  an  association  between  the  European  Communities  and  their  Member
States, of the one part, and the Slovak Republic, of the other part, which entered into
force on 1 February 199519, met on 28 October 2002 and agreed to recommend to the
Association Council established under Article 104 of the Agreement that the double-
checking system introduced in 1998 by Decision N° 3/97 of the Association Council,
extended by Decision N° 1/9920 thereof for the period from January to 31 December
1999,  extended  by  Decision  N°  1/0021  thereof  for  the  period  from  1  January  to  31
December 2000, extended by Decision N° 1/0122 thereof for the period from 1 January
to  31  December  2001  and  extended  by  Decision  N°  3/200223  thereof  for  the  period
from 1 January to 31 December 2002, should be extended for the period from the date
of entry into force of this Decision up to the date of accession by the Slovak Republic
to the European Union;

(2) 

The  Association  Council,  having  been  supplied  with  all  relevant  information,  has
agreed with this recommendation,

HAS DECIDED AS FOLLOWS :

19 OJ N° L 359, 31.12.1994, p. 2.
20 OJ N° L 36, 10.02.99, p. 18.
21 OJ N° L 67, 15.03.00, p. 36.
22 OJ N° L 35, 6.02.02, p. 38.
23 OJ N° L 166, 25.6.2002, p. 22.

5

                                                
Article 1

The double-checking system established by Decision N° 3/97 of the Association Council shall
continue to apply  for the period from the  date of  entry into  force  of this Decision up  to  the
date of accession by the Slovak Republic to the European Union. In the Preamble and Article
1 (1) and (3) of the Decision, references to the period ‘1 January to 31 December 2002’ shall
be  replaced  by  references  to  ‘the  date  of  entry  into  force  of  this  Decision  up  to  the  date  of
accession by the Slovak Republic to the European Union’.

Goods  shipped  to  the  EC  as  from  1  January  2003  until  the  date  of  entry  into  force  of  this
Regulation shall be excluded from the scope of this Regulation.

Article 2

This Decision  shall enter  into  force on  the  10th  day  following  its  publication  in  the  Official
Journal of the European Communities.

Article 3

Done at Brussels,

For the Association Council
The President

6