Proposal for a Council Decision on 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 Poland, of the other part, which entered into force on 1 February 1994, 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 Poland to the European Union, concerning the export of certain steel products from Poland to the Community
Date: 2002-12-02
Institutions: European Commission
Subjects: Association Council (EU), Poland, association agreement (EU), customs regulations, import (EU), iron and steel product, trading operation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 2.12.2002
COM(2002) 669 final

2002/0283 (ACC)

Proposal for a

COUNCIL DECISION

on 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 Poland, of the other part, which entered into force on
1 February 1994, 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
Poland to the European Union, concerning the export of certain steel products from
Poland 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-Poland 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  1999  in  respect  of  certain  steel  products  by  means  of  Decision  N°  2/992  of  the
Association  Council.  By  Decision  N°  1/20003  of  the  Association  Council  the  system  was
extended for the period from 1 January to 31 December 2000. By Decision N° 1/20014of the
Association Council the system was extended for the period from 1 January to 31 December
2001.  By  Decision  N°  2/20025  of  the  Association  Council  the  system  was  extended  for  the
period from 1 January to 31 December 2002. Council Regulation (EC) N° 1093/996, extended
by Council Regulations (EC) N° 541/20007, N° 335/20018 and N° 570/20029 established the
corresponding implementing legislation for the Community.

At  its  meeting  on  22  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
Poland to the European Union.

The attached proposal consequently seeks to extend Association Council Decision N° 2/99 for
the period from the date of entry into force of the Decision of the Association Council up to
the date of accession by Poland to the European Union.

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8

9

OJ L 348, 31.12.1993, p. 2.
OJ L 133, 28.5.1999,p. 44.
OJ L 67, 15.3.2000, p. 34.
OJ L 49, 20.2.2001, p. 9.
OJ L 87, 4.4.2002, p. 52.
OJ L 133, 28.5.1999, p. 6.
OJ L 67, 15.3.2000, p. 1.
OJ L 49, 20.2.2001, p. 1.
OJ L 87, 4.4.2002, p. 1.

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2002/0283 (ACC)

Proposal for a

COUNCIL DECISION

on 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 Poland, of the other part, which entered into force on
1 February 1994, 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
Poland to the European Union, concerning the export of certain steel products from
Poland 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 Commission,

Having regard to the Decision of the Council and the Commission of 13 December 1993 on
the  conclusion  of  the  Europe  Agreement  between  the  European  Communities  and  their
Member States, of the one part,  and Poland,  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
Poland  of  the  other  part,  which  entered  into  force  on  1  February  199410,  met  on
22 October 2002 to discuss trends in imports of certain steel products from Poland into
the Community and recognised the need to find appropriate solutions in the framework
of  Article  33(1)  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  102  of  the  Agreement  that  the  double-checking  system
introduced  in  1999  by  N°  2/9911  of  the  Association  Council  Decision  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 Poland to the European Union;

(3)

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

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11

OJ L 348, 31.12.1993, p. 2.
OJ L 133, 28.5.1999, p. 44.

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(4)

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 Poland to the European Union,

HAS DECIDED AS FOLLOWS:

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 Poland, of the other part, concerning the export of certain steel products from Poland
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

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

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

extending the double-checking system established by Decision N° 2/99 of the Association
Council for the period from the date of entry into force of this Decision up to the date of
accession by Poland 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  part12,  and  Poland,  of  the  other  part,  which  entered  into  force  on
1 February  1994,  met  on  22  October  2002  and  agreed  to  recommend  to  the
Association Council established under Article 102 of the Agreement that the double-
checking system introduced in 1999 by Decision N° 2/99 of the Association Council
should be extended for the period from the date of entry into force of this Decision up
to the date of accession by Poland to the European Union;

(2) 

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

HAS DECIDED AS FOLLOWS :

Article 1

The double-checking system established by Decision N° 2/99 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 Poland 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
Poland to the European Union’.

12

OJ L 348, 31.12.1993, p. 2.

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

Article 2

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

Article 3

Done at Brussels,

For the Association Council
The President

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