Council Regulation (EC) No 2285/2002 of 10 December 2002 on the safeguard measures provided for in the ACP-EC Partnership Agreement and repealing Regulation (EEC) No 3705/90
Date: 2002-12-10
Institutions: Council of the European Union
Subjects: ACP countries, EC Regulation, agricultural product, common organisation of markets, cooperation agreement, import policy, protective clause, repeal

21.12.2002

EN

Official Journal of the European Communities

L 348/3

I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2285/2002

of 10 December 2002

on the safeguard measures provided for in the ACP-EC Partnership Agreement and repealing Regu-
lation (EEC) No 3705/90

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 133 thereof,

Article 1

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

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

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 (2) to refer to the Cotonou
Agreement.

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this Regulation and should therefore be repealed.

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.

The procedures concerning safeguard clauses provided
for in the Treaty and in the Regulations on the common
organisation of the agricultural markets are also applic-
able.

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 (3),

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.

Member States shall provide the Commission with the informa-
tion needed to justify their
to apply safeguard
measures.

requests

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.

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
provided for in Article 8 of Annex V to the Cotonou Agree-
ment should be applied:

— it shall

if it is
inform the Member States forthwith or,
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.

(1) OJ L 317, 15.12.2000, p. 3.
(2) OJ L 358, 21.12.1990, p. 4.
(3) OJ L 349, 31.12.1994, p. 53. Regulation as last amended by Regu-

lation (EC) No 2474/2000 (OJ L 286, 11.11.2000, p. 1).

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 para-
graph 2.

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Official Journal of the European Communities

21.12.2002

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

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

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.

It shall notify the Council and the Member States of its deci-
sion.

3.
Any Member State may refer the Commission's decision
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 consulta-
tions referred to in Article 9(1) of Annex V to the Cotonou
Agreement.

Article 3

Implementation of this Regulation shall not preclude the appli-
cation of the Regulations establishing a common organisation
of the agricultural markets or related Community or national
administrative provisions or the specific rules adopted under
Article 308 of the Treaty for processed agricultural products.

Article 4

Regulation (EEC) No 3705/90 is hereby repealed.

Article 5

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.

This Regulation shall enter
into force on the third day
following that of 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.

Done at Brussels, 10 December 2002.

For the Council

The President

P. S. MØLLER