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 Romania, 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 Romania to the European Union, concerning the export of certain steel products from Romania to the European Communities
Date: 2002-12-02
Institutions: European Commission
Subjects: Association Council (EU), Romania, association agreement (EU), customs regulations, import (EU), iron and steel product, trading operation

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 2.12.2002
COM(2002) 677 final

2002/0284 (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 Romania, 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
Romania to the European Union, concerning the export of certain steel products from
Romania to the European Communities

(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-Romania  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.  In  1996  the  Parties  agreed  to
establish  such  a  system  in  respect  of  Romanian  exports  of  certain  steel  products  to  the
Community.

This double-checking system was extended by common agreement every year up to 2001 for
a period between 1 January and 31 December of the year in question. It was reintroduced in
2002  with  Association  Council  Decision  N°  3/20022  for  the  period  1  July  to  31  December
2002.

At its meeting on 23 October 2002 , the bilateral 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
Romania to the European Union.

The  annexed  proposal  is  intended  to  define  the  position  to  be  adopted  by  the  Community
within  the  EU-Romania  Association  Council  with  a  view  to  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 Romania to the European Union.

1

2

OJ L 357, 31.12.1994, p. 2.
OJ L 227, 23.8.2002, p. 38.

2

                                                
2002/0284 (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 Romania, 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
Romania to the European Union, concerning the export of certain steel products from
Romania to the European Communities

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 19 December 1994 on
the  conclusion  of  the  Europe  Agreement  between  the  European  Communities  and  their
Member States, of the one part, and Romania, of the other part, and in particular Article 2(1)
thereof,

Whereas:

(1)

(2)

The Contact Group  referred  to  in  Article  11  of  Protocol  2  of  the  Europe  Agreement
between  the  European  Communities  and  their  Member  States  of  the  one  part  and
Romania  of  the  other  part,  which  entered  into  force  on  1  February  1995,3  met  on
23 October 2002 to discuss trends in imports of steel products from Romania into the
Community  and,  in  the  context  of  Article  34(2)  of  that  Agreement,  recognised  the
need  for  an  administrative  procedure  having  as  its  purpose  the  rapid  provision  of
information on the trend  of  trade  flows, 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  106  of  the  Agreement  that  the  double-checking  system
introduced in 1996 by Decision No 3/954 of the Association Council and reintroduced
by Decision  N°  3/20025 for the period from 1 July to  31 December 2002, 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 Romania to the European Union.

3

4

5

OJ L 357, 31.12.1994, p.2.
OJ L 325, 30.12.1995, p.51.
OJ L 227, 23.8.2002, p. 38.

3

                                                
(3)

(4)

The Parties are desirous of promoting the orderly and equitable development of trade
in steel between the Community and Romania.

The  Association  Council,  having  been  supplied  with  all  relevant  information,  found
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 Romania 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  Romania,  of  the  other  part,  concerning  the  export  of  certain  steel  products  from
Romania 
the
double-checking  system,  shall  be  based  on  the  draft  decision  of  the  Association  Council
annexed to this Decision.

the  European  Communities,  and 

the  extension  of 

in  particular 

to 

Done at Brussels, […]

For the Council
The President

4

DECISION No ......./2002 OF THE EU-ROMANIA ASSOCIATION COUNCIL

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

extending the double-checking system established by Decision 3/2002 of the Association
Council for the period from the date of entry into force of this Decision up to the date of
accession by Romania to the European Union

THE ASSOCIATION COUNCIL,

Whereas:

(1)

The Contact Group  referred  to  in  Article  11  of  Protocol  2  of  the  Europe  Agreement
establishing  an  association  between  the  European  Communities  and  their  Member
States, of  the  one part,  and  Romania,  of  the  other  part6,  which  entered  into  force  on
1 February  1995,  met  on  23  October  2002  and  agreed  to  recommend  to  the
Association Council established under Article 106 of the Agreement  that  the  double-
checking  system  introduced  in  1996  by  Association  Council  Decision  No  3/957  and
reintroduced for the period from 1 July to 31 December 2002 by Association Council
Decision  N°  3/20028,  should  be  extended  for  the  period  from  the  date  of  entry  into
force of this Decision up to the date of accession by Romania 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°  3/2002  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 Romania to the European Union. In the preamble and Article 1 (1) of
the  Decision,  references  to  the  period  "1  July  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
Romania to the European Union".

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

6

7

8

OJ L 357, 31.12.1994, p. 2.
OJ L 325, 30.12.1995, p. 51.
OJ L 227, 23.8.2002, p. 38.

5

                                                
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

6