Proposal for a Council Regulation on the common rules for imports (Codified version)
Date: 2008-01-25
Institutions: European Commission
Subjects: codification of EU law, exchange of information, import policy, market protection, originating product, protective clause, simplification of legislation, third country

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.1.2008 
COM(2008) 21 final 

2008/0007 (CNS) 

Proposal for a 

COUNCIL REGULATION 

on the common rules for imports 

(Codified version) 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
 
 
EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Regulation (EC) No 3285/94 of 22 December 1994 on the common rules for imports 
and repealing Regulation  (EC) No  518/943. The new Regulation will supersede the 
various acts incorporated in it4; this proposal fully preserves the content of the acts 
being codified and hence does no more than bringing them together with only such 
formal amendments as are required by the codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex II to this proposal. 

1. 

2. 

3. 

4. 

1 
2 
3 

4 

EN 

2 

   EN 

 
                                                 
5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Regulation  (EC) No 3285/94  and  the  instruments 
amending  it,  carried  out  by  the  Office  for  Official  Publications  of  the  European 
Communities, by means of a data-processing system. Where the Articles have been 
given new numbers, the correlation between the old and the new numbers is shown 
in a table contained in Annex III to the codified Regulation. 

EN 

3 

   EN 

 
(cid:208) 3285/94 (adapted) 

2008/0007 (CNS) 

Proposal for a  

COUNCIL REGULATION (EC) No …/… 

of […] 

on the common rules for imports  

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  instruments  establishing  the  common  organisation  of  agricultural 
markets and the instruments concerning processed agricultural products, in particular in so far 
as  they  provide  for  derogation  from  the  general  principle  that  quantitative  restrictions  or 
measures having equivalent effect may be replaced solely by the measures provided for in the 
said instruments, 

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Parliament1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Whereas: 

(1) 

Council Regulation (EC) No 3285/94 of 22 December 1994 on the common rules for 
imports  and  repealing  Regulation  (EC)  No  518/943  has  been  substantially  amended 
several times4. In the interests of clarity and rationality the said Regulation should be 
codified. 

(cid:208)  

1 
2 
3 

4 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 349, 31.12.1994, p. 53. Regulation as last amended by Regulation (EC) No 2200/2004 (OJ L 374, 
22.12.2004, p. 1). 
See Annex II. 

EN 

4 

   EN 

 
 
 
                                                 
(2) 

The common commercial policy should be based on uniform principles. 

(cid:208) 3285/94 Recital 1 (adapted) 

(cid:208) 3285/94 Recital 3 (adapted) and 
2474/2000 Recital 1 (adapted) 

(3)  ⌦ The  Community  has  concluded  the  Agreement  establishing  the  World  Trade 
Organisation, hereinafter referred to as the “WTO”. ⌫ Annex 1A to that Agreement 
contains  inter  alia  the  General  Agreement  on  Tariffs  and  Trade  1994  (GATT  1994) 
and an Agreement on Safeguards. 

(cid:208) 3285/94 Recital 4 

(4) 

The Agreement on Safeguards meets the need to clarify and reinforce the disciplines 
of  GATT  1994,  and  specifically  those  of  Article  XIX.  That  Agreement  requires  the 
elimination of safeguard measures which escape those rules, such as voluntary export 
restraints,  orderly  marketing  arrangements  and  any  other  similar  import  or  export 
arrangements.  

(5) 

The  Agreement  on  Safeguards  also  covers  ⌦ coal  and  steel  ⌫  products.  The 
common  rules  for  imports,  especially  as  regards  safeguard  measures,  therefore  also 
apply  to  those  products  without  prejudice  to  any  possible  measures  to  apply  an 
agreement specifically concerning ⌦ coal and steel ⌫ products. 

(cid:208) 3285/94 Recital 5 (adapted) 

(cid:208) 3285/94 Recital 26 (adapted) 

(6) 

The textile products covered by Council Regulation (EC) No 517/94 of 7 March 1994 
on  common  rules  for  imports  of  textile  products  from  certain  third  countries  not 
covered by bilateral agreements, protocols or other arrangements, or by other specific 
Community  import  rules5  are  subject  to  special  treatment  at  Community  and 
international  level.  They  should  therefore  be  excluded  from  the  scope  of  this 
Regulation. 

5 

OJ  L  67,  10.3.1994,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC)  No  1791/2006  (OJ  L  363, 
20.12.2006, p. 1). 

EN 

5 

   EN 

 
 
 
 
 
 
                                                 
(7) 

The Commission should be informed by the Member States of any danger created by 
trends  in  imports  which  might  call  for  Community  surveillance  or  the  application  of 
safeguard measures. 

(cid:208) 3285/94 Recital 8 

(8) 

In  such  instances  the  Commission  should  examine  the  terms  and  conditions  under 
which  imports  occur,  the  trend  in  imports,  the  various  aspects  of  the  economic  and 
trade situations and, where appropriate, the measures to be applied. 

(cid:208) 3285/94 Recital 9 

(cid:208) 3285/94 Recital 10 (adapted) 

(9) 

If ⌦ prior ⌫  Community  surveillance  is  applied,  release  for  free  circulation  of  the 
products  concerned  should  be  made  subject  to  presentation  of  a  ⌦ surveillance ⌫ 
document  meeting  uniform  criteria.  That  document  should,  on  simple  application  by 
the importer, be ⌦ issued ⌫ by the authorities of the Member States within a certain 
period  but  without  the  importer  thereby  acquiring  any  right  to  import.  The 
⌦ surveillance ⌫ document should therefore be valid only during such period as the 
import rules remain unchanged. 

(10)  The  Member  States  and  the  Commission  should  exchange  the  information  resulting 

from Community surveillance as fully as possible. 

(cid:208) 3285/94 Recital 11 

(11) 

It falls to the Commission and the Council to adopt the safeguard measures required 
by  the  interests  of  the  Community.  Those  interests  should  be  considered  as  a  whole 
and should in particular encompass the interests of Community producers, users and 
consumers. 

(cid:208) 3285/94 Recital 12 

(cid:208) 3285/94 Recital 13 

(12)  Safeguard  measures  against  a  Member  of  the  WTO  may  be  considered  only  if  the 
product  in  question  is  imported  into  the  Community  in  such  greatly  increased 
quantities  and  on  such  terms  or  conditions  as  to  cause,  or  threaten  to  cause,  serious 
injury  to  Community  producers  of  like  or  directly  competing  products,  unless 
international obligations permit derogation from this rule. 

EN 

6 

   EN 

 
 
 
 
 
 
 
(13)  The  terms  “serious  injury”,  “threat  of  serious  injury”  and  “Community  producers” 
should  be  defined  and  precise  criteria  for  determining  injury  ⌦ should ⌫  be 
established. 

(cid:208) 3285/94 Recital 14 (adapted) 

(14)  An  investigation  ⌦ should ⌫  precede  the  application  of  any  safeguard  measure, 
subject  to  the  reservation  that  the  Commission  be  allowed  in  urgent  cases  to  apply 
provisional measures. 

(cid:208) 3285/94 Recital 15 (adapted) 

(15)  There should be detailed provisions on the opening of investigations, the checks and 
inspections  required,  access  by  exporter  countries  and  interested  parties  to  the 
information gathered, hearings for the parties involved and the opportunities for those 
parties to submit their views. 

(cid:208) 3285/94 Recital 16 (adapted) 

(16)  The provisions on investigations introduced by this Regulation are without prejudice 

to Community or national rules concerning professional secrecy. 

(cid:208) 3285/94 Recital 17 

(17) 

It  is  also  necessary  to  set  time  limits  for  the  initiation  of  investigations  and  for 
determinations as to whether or not measures are appropriate, with a view to ensuring 
that such determinations are made quickly, in order to increase legal certainty for the 
economic operators concerned. 

(cid:208) 3285/94 Recital 18 

(18) 

In cases in which safeguard measures take the form of a quota the level of the latter 
should  be  set  in  principle  no  lower  than  the  average  level  of  imports  over  a 
representative period of at least three years. 

(cid:208) 3285/94 Recital 19 

(19) 

In cases in which a quota is allocated among supplier countries each country's quota 
may  be  determined  by  agreement  with  the  countries  themselves  or  by  taking  as  a 
reference  the  level  of  imports  over  a  representative  period.  Derogations  from  these 
rules  should  nevertheless  be  possible  where  there  is  serious  injury  and  a 

(cid:208) 3285/94 Recital 20 

EN 

7 

   EN 

 
 
 
 
 
 
 
 
disproportionate increase in imports, provided that due consultation under the auspices 
of the WTO Committee on Safeguards takes place. 

(20)  The  maximum  duration  of  safeguard  measures  should  be  determined  and  specific 
provisions  regarding  extension,  progressive  liberalisation  and  reviews  of  such 
measures be laid down. 

(cid:208) 3285/94 Recital 21 

(21)  The  circumstances  in  which  products  originating  in  a  developing  country  which  is  a 
Member of the WTO are to be exempt from safeguard measures should be established. 

(cid:208) 3285/94 Recital 22 

(cid:208) 3285/94 Recital 23  

(22)  Surveillance or safeguard measures confined to one or more regions of the Community 
may prove more suitable than measures applying to the whole Community. However, 
such  measures  should  be  authorised  only  exceptionally  and  where  no  alternative 
exists.  It  is  necessary  to  ensure  that  such  measures  are  temporary  and  cause  the 
minimum of disruption to the operation of the internal market. 

(23) 

In the interest of uniformity in rules for imports, the formalities to be carried out by 
importers  should  be  simplified  and  made  identical  regardless  of  the  place  where  the 
goods clear customs. It is therefore desirable to provide that any formalities should be 
carried out using forms corresponding to the specimen annexed to the Regulation. 

(cid:208) 3285/94 Recital 24 

(24)  ⌦ Surveillance ⌫  documents  issued  in  connection  with  Community  surveillance 
measures should be valid throughout the Community irrespective of the Member State 
of issue, 

(cid:208) 3285/94 Recital 25 (adapted) 

EN 

8 

   EN 

 
 
 
 
 
 
HAS ADOPTED THIS REGULATION: 

(cid:208) 3285/94 

(cid:208) 3285/94 (adapted) 

⌦ CHAPTER ⌫ I 

(cid:208) 3285/94 

General principles 

(cid:208) 2200/2004 Art. 2 pt. 1 

Article 1 

1. This Regulation applies to imports of products originating in third countries, except for: 

(a) 

textile products subject to specific import rules under Regulation (EC) No 517/94; 

(b) 

the products originating in certain third countries listed in [Council Regulation (EC) 
No 519/94 ⌦ 6 ⌫]. 

(cid:208) 2200/2004 Art. 2 pt. 1 
(adapted) 

2. The products referred to in paragraph 1 shall be freely imported into the Community and 
accordingly,  without  prejudice  to  the  safeguard  measures  which  may  be  taken  under 
⌦ Chapter ⌫ V, shall not be subject to any quantitative restrictions. 

(cid:208) 3285/94 (adapted) 

6 

[OJ L 67, 10.3.1994, p. 89.] 

EN 

9 

   EN 

 
 
 
 
 
 
 
                                                 
⌦ CHAPTER ⌫ II 

Community information and consultation procedure 

(cid:208) 3285/94 

(cid:208) 3285/94 (adapted) 

Article 2 

Member  States  ⌦ shall  inform  the  Commission  if ⌫  trends  in  imports  appear  to  call  for 
surveillance or safeguard measures. This information shall contain the evidence available, as 
determined  on  the  basis  of  the  criteria  laid  down  in  Article  10.  The  Commission  shall 
immediately pass this information on to all the Member States. 

(cid:208) 3285/94 

Article 3 

1.  Consultations  shall  take  place  within  an  Advisory  Committee,  hereinafter  called  “the 
Committee”,  made  up  of  representatives  of  each  Member  State  with  a  representative  of  the 
Commission as chairman. 

2. The Committee shall meet when convened by its chairman. He shall provide the Member 
States with all relevant information as promptly as possible. 

Article 4 

1. Consultations may be held either at the request of a Member State or on the initiative of the 
Commission. 

2. Consultations shall take place within eight working days of the Commission receiving the 
information  provided  for  in  Article  2  and,  in  any  event,  before  the  introduction  of  any 
Community surveillance or safeguard measure. 

3. Consultations shall cover in particular: 

(a) 

terms  and  conditions  of  import,  import  trends  and  the  various  aspects  of  the 
economic and commercial situation with regard to the product in question ; 

(b) 

the measures, if any, to be taken. 

EN 

10 

   EN 

 
 
 
 
4.  Consultations  may  be  conducted  in  writing  if  necessary.  The  Commission  shall  in  this 
event  inform  the  Member  States,  which  may  express  their  opinion  or  request  oral 
consultations within a period of five to eight working days, to be decided by the Commission. 

⌦ CHAPTER ⌫ III 

Community investigation procedure 

(cid:208) 3285/94 

1.  Without  prejudice  to  Article  8,  the  Community  investigation  procedure  shall  be 
implemented before any safeguard measure is applied. 

Article 5 

2. Using as a basis the factors ⌦ referred to ⌫ in Article 10, the investigation shall seek to 
determine  whether  imports  of  the  product  in  question  are  causing  or  threatening  to  cause 
serious injury to the Community producers concerned. 

(cid:208) 3285/94 (adapted) 

3. The following definitions shall apply: 

(cid:208) 3285/94 

(a) 

(b) 

(c) 

“serious  injury”  means  a  significant  overall  impairment  in  the  position  of 
Community producers; 

“threat of serious injury” means serious injury that is clearly imminent; 

“Community  producers”  means  the  producers  as  a  whole  of  the  like  or  directly 
competing products operating within the territory of the Community, or those whose 
collective  output  of  the  like  or  directly  competing  products  constitutes  a  major 
proportion of the total Community production of those products. 

(cid:208) 3285/94 (adapted) 

Article 6 

1. Where, after the consultations referred to in ⌦ Articles 3 and 4 ⌫, it is apparent to the 
Commission  that  there  is  sufficient  evidence  to  justify  the  initiation  of  an  investigation,  the 
Commission shall initiate an investigation within one month of receipt of information from a 

EN 

11 

   EN 

 
 
 
 
 
Member  State  and  publish  a  notice  in  the  Official  Journal  of  the  European  Union. 
⌦ This ⌫ notice shall: 

(a) 

(b) 

(c) 

give  a  summary  of  the  information  received,  and  ⌦ require ⌫  that  all  relevant 
information is to be communicated to the Commission; 

state  the  period  within  which  interested  parties  may  make  known  their  views  in 
writing  and  submit  information,  if  such  views  and  information  are  to  be  taken  into 
account during the investigation; 

state the period within which interested parties may apply to be heard orally by the 
Commission in accordance with paragraph 4. 

⌦ The  Commission  shall ⌫  commence  the  investigation,  acting  in  cooperation  with  the 
Member States. 

(cid:208) 3285/94 

2. The Commission shall seek all information it deems to be necessary and, where it considers 
it  appropriate,  after  consulting  the  Committee,  endeavour  to  check  this  information  with 
importers, traders, agents, producers, trade associations and organisations. 

The Commission shall be assisted in this task by staff of the Member State on whose territory 
these checks are being carried out, provided that Member State so wishes. 

3. The Member States shall supply the Commission, at its request and following procedures 
laid down by it, with the information at their disposal on developments in the market of the 
product being investigated. 

(cid:208) 3285/94 (adapted) 

4.  Interested  parties  which  have  come  forward  pursuant  to  ⌦ the  first  subparagraph  of ⌫ 
paragraph 1 and representatives of the exporting country may, upon written request, inspect 
all information made available to the Commission in connection with the investigation other 
than internal documents prepared by the authorities of the Community or its Member States, 
provided that that information is relevant to the presentation of their case and not confidential 
within the meaning of Article 9 and that it is used by the Commission in the investigation. 

(cid:208) 3285/94 

Interested parties which have come forward may communicate their views on the information 
in question to the Commission. Those views may be taken into consideration where they are 
backedby sufficient evidence. 

5.  The  Commission  may  hear  the  interested  parties.  Such  parties  must  be  heard  where  they 
have  made  a  written  application  within  the  period  laid  down  in  the  notice  published  in  the 
Official Journal of the European Union, showing that they are actually likely to be affected 

EN 

12 

   EN 

 
 
 
 
by  the  outcome  of  the  investigation  and  that  there  are  special  reasons  for  them  to  be  heard 
orally. 

6.  When  information  is  not  supplied  within  the  time  limits  set  by  this  Regulation  or  by  the 
Commission  pursuant  to  this  Regulation,  or  the  investigation  is  significantly  impeded, 
findings may be made on the basis of the facts available. Where the Commission finds  that 
any interested party or third party has supplied it with false or misleading information, it shall 
disregard the information and may make use of facts available. 

7. Where it appears to the Commission, after the consultations referred to in ⌦ Articles 3 and 
4 ⌫, that there is insufficient evidence to justify an investigation, it shall inform the Member 
States of its decision within one month of receipt of the information from the Member States.  

(cid:208) 3285/94 (adapted) 

(cid:208) 3285/94 

Article 7 

1. At the end of the investigation, the Commission shall submit a report on the results to the 
Committee. 

2. Where the Commission considers, within nine months of the initiation of the investigation, 
that no Community surveillance or safeguard measures are necessary, the investigation shall 
be terminated within a month, the Committee having first been consulted.  

The decision to terminate the investigation, stating the main conclusions of the investigation 
and  a  summary  of  the  reasons  therefore,  shall  be  published  in  the  Official  Journal  of  the 
European Union. 

(cid:208) 3285/94 (adapted) 

3.  If  the  Commission  considers  that  Community  surveillance  or  safeguard  measures  are 
necessary, it shall take the necessary decisions in accordance with ⌦ Chapters ⌫ IV and V, 
no  later  than  nine  months  from  the  initiation  of  the  investigation.  In  exceptional 
circumstances, this time limit may be extended by a further maximum period of two months; 
the  Commission  shall  then  publish  a  notice  in  the  Official  Journal  of  the  European  Union 
setting forth the duration of the extension and a summary of the reasons therefore. 

Article 8 

1.  The  provisions  of  this  ⌦ Chapter ⌫  shall  not  preclude  the  use,  at  any  time,  of 
surveillance measures in accordance with Articles 11 to 15 or provisional safeguard measures 
in accordance with Articles 16, 17 and 18. 

EN 

13 

   EN 

 
 
 
 
Provisional safeguard measures shall be applied: 

(cid:208) 3285/94 

(a) 

(b) 

in critical circumstances where delay would cause damage which would be difficult 
to repair, making immediate action necessary; and 

where  a  preliminary  determination  provides  clear  evidence  that  increased  imports 
have caused or are threatening to cause serious injury. 

The duration of such measures shall not exceed 200 days. 

2. Provisional safeguard measures shall take the form of an increase in the existing level of 
customs duty, whether the latter is zero or higher, if such action is likely to prevent or repair 
the serious injury. 

3.  The  Commission  shall  immediately  conduct  whatever  investigation  measures  are  still 
necessary. 

4. Should the provisional safeguard measures be repealed because no serious injury or threat 
of  serious  injury  exists,  the  customs  duties  collected  as  a  result  of  the  provisional  measures 
shall be automatically refunded as soon as possible. The procedure laid down in Article 235 et 
seq of Council Regulation (EEC) No 2913/927 shall apply. 

Article 9 

1.  Information  received  pursuant  to  this  Regulation  shall  be  used  only  for  the  purpose  for 
which it was requested. 

2. Neither the Council, nor the Commission, nor the Member States, nor the officials of any of 
these  shall  reveal  any  information  of  a  confidential  nature  received  pursuant  to  this 
Regulation, or any information  provided  on a confidential basis without specific permission 
from the supplier of such information. 

3. Each request for confidentiality shall state the reasons why the information is confidential. 

However, if it appears that a request for confidentiality is unjustified and if the supplier of the 
information wishes neither to make it public nor to authorise its disclosure in general terms or 
in the form of a summary, the information concerned may be disregarded. 

4. Information shall in any case be considered to be confidential if its disclosure is likely to 
have a significantly adverse effect upon the supplier or the source of such information. 

7 

OJ L 302, 19.10.1992, p. 1. 

EN 

14 

   EN 

 
 
                                                 
(cid:208) 3285/94 (adapted) 

5.  Paragraphs  ⌦ 1  to  4 ⌫  shall  not  preclude  reference  by  the  Community  authorities  to 
general  information  and  in  particular  to  reasons  on  which  decisions  taken  pursuant  to  this 
Regulation  are  based.  ⌦ Those ⌫  authorities  shall,  however,  take  into  account  the 
legitimate interest of legal and natural persons concerned that their business secrets should not 
be divulged. 

Article 10 

1. Examination of the trend ⌦ in ⌫ imports, of the conditions in which they take place and 
of  serious  injury  or  threat  of  serious  injury  to  Community  producers  resulting  from  such 
imports shall cover in particular the following factors: 

(cid:208) 3285/94 

(a) 

(b) 

(c) 

the  volume  of  imports,  in  particular  where  there  has  been  a  significant  increase, 
either in absolute terms or relative to production or consumption in the Community; 

the  price  of  imports,  in  particular  where  there  has  been  a  significant  price 
undercutting as compared with the price of a like product in the Community; 

the  consequent  impact  on  Community  producers  as  indicated  by  trends  in  certain 
economic factors such as: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

production, 

capacity utilisation, 

stocks, 

sales, 

market share, 

prices  (i.e.  depression  of  prices  or  prevention  of  price  increases  which  would 
normally have occurred), 

profits, 

return on capital employed, 

cash flow, 

employment; 

(d) 

factors other than trends in imports which are causing or may have caused injury to 
the Community producers concerned. 

EN 

15 

   EN 

 
 
 
2. Where a threat of serious injury is alleged, the Commission shall also examine whether it is 
clearly foreseeable that a particular situation is likely to develop into actual injury. 

In this regard account may be taken of factors such as: 

(a) 

(b) 

the rate of increase of the exports to the Community; 

export capacity in the country of origin or export, as it stands or is likely to be in the 
foreseeable future, and the likelihood that that capacity will be used to export to the 
Community. 

(cid:208) 3285/94 (adapted) 

⌦ CHAPTER ⌫ IV 

(cid:208) 3285/94 

Surveillance 

Article 11 

1.  Where  the  trend  in  imports  of  a  product  originating  in  a  third  country  covered  by  this 
Regulation threatens to cause injury to Community producers, and where the interests of the 
Community so require, import of that product may be subject, as appropriate, to: 

(a) 

retrospective Community surveillance carried out in accordance with the provisions 
laid down in the decision referred to in paragraph 2; 

(b) 

prior Community surveillance carried out in accordance with Article 12. 

2.  The  decision  to  impose  surveillance  shall  be  taken  by  the  Commission  according  to  the 
procedure laid down in ⌦ the second subparagraph of ⌫ Article 16(6) and Article 16(7). 

(cid:208) 3285/94 (adapted) 

3.  The  surveillance  measures  shall  have  a  limited  period  of  validity.  Unless  otherwise 
provided, they shall cease to be valid at the end of the second six-month period following the 
six months in which the measures were introduced. 

(cid:208) 3285/94 

EN 

16 

   EN 

 
 
 
 
 
Article 12 

(cid:208) 139/96 Art. 1 pt. 1 

1.  Products  under  prior  Community  surveillance  may  be  put  into  free  circulation  only  on 
production  of  a  surveillance  document.  Such  document  shall  be  issued  by  the  competent 
authority designated by Member States, free of charge, for any quantity requested and within 
a  maximum  of  five  working  days  of  receipt  by  the  national  competent  authority  of  an 
application  by  any  Community  importer,  regardless  of  his  place  of  business  in  the 
Community.  This  application  shall  be  deemed  to  have  been  received  by  the  national 
competent  authority  no  later  than  three  working  days  after  submission,  unless  it  is  proved 
otherwise. 

2.  The  surveillance  document  shall  be  made  out  on  a  form  corresponding  to  the  model  in 
Annex I. 

Except  where  the  decision  to  impose  surveillance  provides  otherwise,  the  importer's 
application for surveillance documents shall contain only the following: 

(a) 

(b) 

the full name and address of the applicant (including telephone and fax numbers and 
any  number  identifying  the  applicant  to  the  competent  national  authority),  plus  the 
applicant's VAT registration number if he is liable for VAT; 

where appropriate, the full name and address of the declarant or of any representative 
appointed by the applicant (including telephone and fax numbers); 

(c) 

a description of the goods giving: 

– 

– 

– 

their trade name, 

their combined nomenclature code, 

their place of origin and place of consignment; 

(d) 

the quantity declared, in kilograms and, where appropriate, any other additional unit 
(pairs, items, etc.); 

(e) 

the value of the goods, cif at Community frontier, in euro; 

(f) 

the  ⌦ following ⌫  statement,  dated  and  signed  by  the  applicant,  with  the 
applicant's name spelt out in capital letters: 

(cid:208) 139/96 Art. 1 pt. 1 (adapted) 

«I,  the  undersigned,  certify  that  the  information  provided  in  this  application  is  true 
and given in good faith, and that I am established in the Community.» 

(cid:208) 139/96 Art. 1 pt. 1 

EN 

17 

   EN 

 
 
 
 
 
(cid:208) 3285/94 (adapted) 

3. The ⌦ surveillance ⌫ document shall be valid throughout the Community, regardless of 
the Member State of issue. 

4. A finding that the unit price at which the transaction is effected exceeds that indicated in 
the ⌦ surveillance ⌫  document  by  less  than  5%  or  that  the  total  value  or  quantity  of  the 
products presented for import exceeds the value or quantity given in the ⌦ surveillance ⌫ 
document by less than 5% shall not preclude the release for free circulation of the product in 
question. The Commission, having heard the opinions expressed in the Committee and taking 
account of the nature of the products and other special features of the transactions concerned, 
may fix a different percentage, which, however, should not normally exceed 10%. 

5.  ⌦ Surveillance ⌫  documents  may  be  used  only  for  such  time  as  arrangements  for 
liberalisation  of  imports  remain  in  force  in  respect  of  the  transactions  concerned.  Such 
⌦ surveillance ⌫ documents may not in any event be used beyond the expiry of a period 
which  shall  be  laid  down  at  the  same  time  and  by  means  of  the  same  procedure  as  the 
imposition  of  surveillance,  and  shall  take  account  of  the  nature  of  the  products  and  other 
special features of the transactions. 

6. Where the decision taken pursuant to Article 11 so requires, the origin of products under 
Community  surveillance  must  be  proved  by  a  certificate  of  origin.  This  paragraph  shall  not 
affect other provisions concerning the production of any such certificate. 

(cid:208) 3285/94 

7.  Where  the  product  under  prior  Community  surveillance  is  subject  to  regional  safeguard 
measures  in  a  Member  State,  the  import  authorisation  granted  by  that  Member  State  may 
replace the ⌦ surveillance ⌫ document. 

(cid:208) 3285/94 (adapted) 

(cid:208) 139/96 Art. 1 pt. 2 

8. Surveillance document forms and extracts thereof shall be drawn up in duplicate, one copy, 
marked “Holder's copy” and bearing the number 1, to be issued to the applicant, and the other, 
marked  “Copy  for  the  competent  authority”  and  bearing  the  number  2,  to  be  kept  by  the 
authority issuing the document. For administrative purposes the competent authority may add 
supplementary copies to form 2. 

9.  Forms  shall  be  printed  on  white  paper  free  of  mechanical  pulp,  dressed  for  writing  and 
weighing between 55 and 65 grams per square metre. Their size shall be 210 x 297 mm; the 
type space between the lines shall be 4,24 mm (one sixth of an inch); the layout of the forms 
shall  be  followed  precisely.  Both  sides  of  copy  No  1,  which  is  the  surveillance  document 
itself, shall in addition have a yellow printed guilloche pattern background so as to reveal any 
falsification by mechanical or chemical means. 

EN 

18 

   EN 

 
 
 
 
 
10. Member States shall be responsible for having the forms printed. The forms may also be 
printed by printers appointed by the Member State in which they are established. In the latter 
case, reference to the appointment by the Member State must appear on each form. Each form 
shall bear an indication of the printer's name and address or a mark enabling the printer to be 
identified. 

(cid:208) 3285/94 (adapted) 

Article 13 

Where import of a product has not been made subject to prior Community surveillance within 
eight  working  days  of  the  end  of  ⌦ the ⌫  consultations  ⌦ referred  to  in  Articles  3  and 
4 ⌫, the Commission, in accordance with Article 18, may introduce surveillance confined to 
imports into one or more regions of the Community. 

Article 14 

(cid:208) 139/96 Art.1 pt. 3 

1.  Products  under  regional  surveillance  may  be  put  into  free  circulation  in  the  region 
concerned only on production of a surveillance document. Such document shall be issued by 
the competent authority designated by the Member State(s) concerned, free of charge, for any 
quantity  requested  and  within  a  maximum  of  five  working  days  of  receipt  by  the  national 
competent authority of an application by any Community importer, regardless of his place of 
business  in  the  Community.  This  application  shall  be  deemed  to  have  been  received  by  the 
national  competent  authority  no  later  than  three  working  days  after  submission,  unless  it  is 
proved  otherwise.  Surveillance  documents  may  be  used  only  for  such  time  as  arrangements 
for imports remain liberalised in respect of the transactions concerned. 

2. Article 12(2) shall apply. 

(cid:208) 3285/94  

Article 15 

1.  Member  States  shall  communicate  to  the  Commission  within  the  first  10  days  of  each 
month in the case of Community or regional surveillance: 

(a) 

in the case of prior surveillance, details of the sums of money (calculated on the basis 
of  cif  prices)  and  quantities  of  goods  in  respect  of  which  ⌦ surveillance ⌫ 
documents were issued during the preceding period;  

(cid:208) 3285/94 (adapted) 

EN 

19 

   EN 

 
 
 
 
 
(b) 

in every case, details of imports during the period preceding the period referred to in 
⌦ point ⌫ (a). 

(cid:208) 3285/94 

The information supplied by Member States shall be broken down by product and by country. 

Different  provisions  may  be  laid  down  at  the  same  time  and  by  the  same  procedure  as  the 
surveillance arrangements. 

2. Where the nature of the products or special circumstances so require, the Commission may, 
at the request of a Member State or on its own initiative, amend the timetables for submitting 
this information. 

3. The Commission shall inform the Member States accordingly. 

(cid:208) 3285/94 (adapted) 

⌦ CHAPTER ⌫ V 

(cid:208) 3285/94 

Safeguard measures 

Article 16 

1.  Where  a  product  is  imported  into  the  Community  in  such  greatly  increased  quantities 
and/or  on  such  terms  or  conditions  as  to  cause,  or  threaten  to  cause,  serious  injury  to 
Community producers, the Commission, in order to safeguard the interests of the Community, 
may, acting at the request of a Member State or on its own initiative: 

(a) 

limit the period of validity of ⌦ surveillance ⌫ documents within the meaning of 
Article 12 to be ⌦ issued ⌫ after the entry into force of this measure; 

(cid:208) 3285/94 (adapted) 

(b) 

alter  the  import  rules  for  the  product  in  question  by  making  its  release  for  free 
circulation  conditional  on  production  of  an  import  authorisation,  the  granting  of 
which  shall  be  governed  by  such  provisions  and  subject  to  such  limits  as  the 
Commission shall lay down. 

(cid:208) 3285/94 

EN 

20 

   EN 

 
 
 
 
 
 
The measures referred to in (a) and (b) shall take effect immediately. 

2. As regards Members of the WTO, the measures referred to in paragraph 1 shall be taken 
only when the two conditions indicated in the first subparagraph of that paragraph are met. 

3If establishing a quota, account shall be taken in particular of: 

(a) 

the desirability of maintaining, as far as possible, traditional trade flows; 

(b) 

the  volume  of  goods  exported  under  contracts  concluded  on  normal  terms  and 
conditions before the entry into force of a safeguard measure within the meaning of 
this ⌦ Chapter ⌫, where such contracts have been notified to the Commission by 
the Member State concerned; 

(cid:208) 3285/94 (adapted) 

(cid:208) 3285/94 

(c) 

the  need  to  avoid  jeopardising  achievement  of  the  aim  pursued  in  establishing  the 
quota. 

Any  quota  shall  not  be  set  lower  than  the  average  level  of  imports  over  the  last  three 
representative years for which statistics are available unless a different level is necessary to 
prevent or remedy serious injury. 

4 In cases in which a quota is allocated among supplier countries, allocation may be agreed 
with those of them having a substantial interest in supplying the product concerned for import 
into the Community. 

Failing  this,  the  quota  shall  be  allocated  among  the  supplier  countries  in  proportion  to  their 
share  of  imports  into  the  Community  of  the  product  concerned  during  a  previous 
representative  period,  due  account  being  taken  of  any  specific  factors  which  may  have 
affected or may be affecting the trade in the product. 

Provided that its obligation to see that consultations are conducted under the auspices of the 
WTO Committee on Safeguards is not disregarded, the Community may nevertheless depart 
from  this  method  of  allocation  in  the  case  of  serious  injury  if  imports  originating  in  one  or 
more supplier countries have increased in disproportionate percentage in relation to the total 
increase of imports of the product concerned over a previous representative period. 

5The measures referred to in this Article shall apply to every product which is put into free 
circulation after their entry into force. In accordance with Article 18 they may be confined to 
one or more regions of the Community. 

However, such measures shall not prevent the release for free circulation of products already 
on  their  way  to  the  Community  provided  that  the  destination  of  such  products  cannot  be 

(cid:208) 3285/94 (adapted) 

EN 

21 

   EN 

 
 
 
 
changed and that those products which, pursuant to Articles 11 and 12, may be put into free 
circulation  only  ⌦ on ⌫  production  of  ⌦ a  surveillance ⌫  document  are  in  fact 
accompanied by such a document. 

(cid:208) 3285/94 

6.  Where  intervention  by  the  Commission  has  been  requested  by  a  Member  State,  the 
Commission shall take a decision within a maximum of five working days of receipt of such a 
request. 

Any decision taken by the Commission pursuant to this Article shall be communicated to the 
Council and to the Member States. Any Member State may, within one month following the 
day of such communication, refer the decision to the Council. 

7. If a Member State refers the Commission's decision to the Council, the Council, acting by a 
qualified majority, may confirm, amend or revoke that decision. 

If, within three months of the referral of the matter to the Council, the Council has not taken a 
decision, the decision taken by the Commission shall be deemed revoked. 

(cid:208) 3285/94 (adapted) 

Article 17 

Where the interests of the Community so require, the Council, acting by a qualified majority 
on a proposal from the Commission drawn up in accordance with the terms of ⌦ Chapter ⌫ 
III, may adopt appropriate measures to prevent a product being imported into the Community 
in such greatly increased quantities and/or on such terms or conditions as to cause, or threaten 
to cause, serious injury to Community producers of like or directly competing products. 

Article 16(2) to(5) shall apply. 

(cid:208) 3285/94 

Article 18 

Where  it  emerges,  primarily  on  the  basis  of  the  factors  referred  to  in  Article  10,  that  the 
conditions laid down for the adoption of measures pursuant to Articles 11 and 16 are met in 
one  or  more  regions  of  the  Community,  the Commission,  after  having examined  alternative 
solutions, may exceptionally authorise the application of surveillance or safeguard measures 
limited to the region(s) concerned if it considers that such measures applied at that level are 
more appropriate than measures applied throughout the Community. 

These measures must be temporary and must disrupt the operation of the internal market as 
little as possible. 

EN 

22 

   EN 

 
 
 
 
The measures shall be adopted in accordance with the provisions laid down in Articles 11 and 
16. 

(cid:208) 3285/94 (adapted) 

Article 19 

No  safeguard  measure  may  be  applied  to  a  product  originating  in  a  developing  country 
Member  of  the  WTO  as  long  as  that  country's  share  of  Community  imports  of  the  product 
concerned  does  not  exceed  3%,  provided  that  developing  country  Members  ⌦ of  the 
WTO ⌫ with less than a 3% import share collectively account for not more than 9% of total 
Community imports of the product concerned. 

(cid:208) 3285/94 

Article 20 

1.  The  duration  of  safeguard  measures  must  be  limited  to  the  period  of  time  necessary  to 
prevent  or  remedy  serious  injury  and  to  facilitate  adjustment  on  the  part  of  Community 
producers. The period must not exceed four years, including the duration of any provisional 
measure. 

2. Such initial period may be extended, except in the case of the measures referred to ⌦ in 
the third subparagraph of ⌫ Article 16(4) provided it is determined that: 

(cid:208) 3285/94 (adapted) 

(a) 

(b) 

the safeguard measure continues to be necessary to prevent or remedy serious injury; 

there is evidence that Community producers are adjusting. 

(cid:208) 3285/94 

3. Extensions shall be adopted in accordance with the terms of ⌦ Chapter ⌫ III and using 
the same ⌦ procedures ⌫ as the initial measures. A measure so extended shall not be more 
restrictive than it was at the end of the initial period. 

(cid:208) 3285/94 (adapted) 

EN 

23 

   EN 

 
 
 
 
 
 
(cid:208) 3285/94  

4.  If  the  duration  of  the  measure  exceeds  one  year,  the  measure  must  be  progressively 
liberalised  at  regular  intervals  during  the  period  of  application,  including  the  period  of 
extension. 

5. The total period of application of a safeguard measure, including the period of application 
of any provisional measures, the initial period of application and any prorogation thereof, may 
not exceed eight years. 

(cid:208) 3285/94 (adapted) 

Article 21 

1. While any surveillance or safeguard measure applied in accordance with ⌦ Chapters ⌫ 
IV  and  V  is  in  operation,  consultations  shall  be  held  within  the  Committee,  either  at  the 
request  of  a  Member  State  or  on  the  initiative  of  the  Commission.  If  the  duration  of  a 
safeguard measure exceeds three years, the Commission shall seek such consultations no later 
than  the  mid-point  of  the  period  of  application  of  that  measure.  The  purpose  of  such 
consultations shall be: 

(a) 

(b) 

to examine the effects of the measure; 

(cid:208) 3285/94 

to determine whether and in what manner it is appropriate to accelerate the pace of 
liberalisation; 

(c) 

to ascertain whether application of the measure is still necessary. 

2. Where, as a result of the consultations referred to in paragraph 1, the Commission considers 
that any surveillance or safeguard measure referred to in Articles 11, 13, 16, 17 and 18 should 
be revoked or amended, it shall proceed as follows: 

(a) 

(b) 

where the measure was enacted by the Council, the Commission shall propose to the 
Council that it be revoked or amended. The Council shall act by a qualified majority; 

in all other cases, the Commission shall amend or revoke Community safeguard and 
surveillance measures. 

Where the decision relates to regional surveillance measures, it shall apply from the sixth day 
following that of its publication in the Official Journal of the European Union. 

EN 

24 

   EN 

 
 
 
 
Article 22 

1. Where imports of a product have already been subject to a safeguard measure, no further 
measure shall be applied to that product until a period equal to the duration of the previous 
measure has elapsed. Such period shall not be less than two years. 

2. Notwithstanding paragraph 1, a safeguard measure of 180 days or less may be re-imposed 
for a product if: 

(a) 

(b) 

at least one year has elapsed since the date of introduction of a safeguard measure on 
the import of that product; and 

such a safeguard measure has not been applied to the same product more than twice 
in  the  five-year  period  immediately  preceding  the  date  of  introduction  of  the 
measure. 

(cid:208) 3285/94 (adapted) 

⌦ CHAPTER ⌫ VI 

(cid:208) 3285/94  

Final provisions 

Article 23 

Where the interests of the Community so require, the Council, acting by a qualified majority 
on a proposal from the Commission, may adopt appropriate measures to allow the rights and 
obligations of the Community or of all its Member States, in particular those relating to trade 
in commodities, to be exercised and fulfilled at international level. 

Article 24 

1. This Regulation shall not preclude the fulfilment of obligations arising from special rules 
contained in agreements concluded between the Community and third countries. 

2.  Without  prejudice  to  other  Community  provisions,  this  Regulation  shall  not  preclude  the 
adoption or application by Member States: 

(a) 

of  prohibitions,  quantitative  restrictions  or  surveillance  measures  on  grounds  of 
public morality, public policy or public security; the protection of health and life of 
humans,  animals  or  plants,  the  protection  of  national  treasures  possessing  artistic, 
historic  or  archaeological  value,  or  the  protection  of  industrial  and  commercial 
property; 

EN 

25 

   EN 

 
 
 
(b) 

(c) 

of special formalities concerning foreign exchange; 

of formalities introduced pursuant to international agreements in accordance with the 
Treaty. 

The Member States shall inform the Commission of the measures or formalities they intend to 
introduce or amend in accordance with ⌦ the first subparagraph ⌫. 

(cid:208) 3285/94 (adapted) 

In  the  event  of  extreme  urgency,  the  national  measures  or  formalities  in  question  shall  be 
communicated to the Commission immediately upon their adoption. 

(cid:208) 3285/94 

Article 25 

1. This Regulation shall be without prejudice to the operation of the instruments establishing 
the common organisation of agricultural markets or of Community or national administrative 
provisions derived therefrom or of the specific instruments applicable to goods resulting from 
the  processing  of  agricultural  products.  It  shall  operate  by  way  of  complement  to  those 
instruments. 

2. In the case of products covered by the instruments referred to in paragraph 1, Articles 11 to 
15 and Article 22 shall not apply to those in respect of which the Community rules on trade 
with third countries require the production of a licence or other import document. 

(cid:208) 3285/94 (adapted) 

Articles 16, 18 and 21 to 24 shall not apply to those products in respect of which such rules 
provide for the application of quantitative import restrictions. 

(cid:208) 3285/94 

(cid:208)  

Article 26 

Regulation (EC) No 3285/94 is repealed. 

References to the repealed Regulation shall be construed as references to this Regulation and 
shall be read in accordance with the correlation table in Annex III. 

EN 

26 

   EN 

 
 
 
 
 
 
(cid:208) 3285/94 (adapted) 

Article 27 

This Regulation shall enter into force on ⌦ the twentieth day following that of its publication 
in the Official Journal of the European Union. ⌫ 

EN 

27 

   EN 

 
 
(cid:208) 3285/94 

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

Done at Brussels,  

For the Council 
The President 

EN 

28 

   EN 

 
 
 
 
 
 
(cid:208) 139/96 Art. 1 pt. 4 

ANNEX I 

12. Value in euro, cif at Community frontier 

EN 

29 

   EN 

 
 
 
EN 

30 

   EN 

 
 
12. Value in euro, cif at Community frontier 

EN 

31 

   EN 

 
 
_______________ 

EN 

32 

   EN 

 
 
(cid:207) 

ANNEX II 

Repealed Regulation with list of its successive amendments 

Council Regulation (EC) No 3285/94 
(OJ L 349, 31.12.1994, p. 53) 

Council Regulation (EC) No 139/96 
(OJ L 21, 27.1.1996, p. 7) 

Council Regulation (EC) No 2315/96 
(OJ L 314, 4.12.1996, p. 1) 

Only Article 1 and Annex I 

Only Article 1(3) and Annex III 

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

Only Article 1(3) and Annex III 

Council Regulation (EC) No 2200/2004 
(OJ L 374, 22.12.2004, p. 1) 

Only Article 2 

_________________ 

EN 

33 

   EN 

 
 
 
ANNEX III 

CORRELATION TABLE 

Regulation (EC) No 3285/94 

This Regulation 

Title I 

Article 1 

Title II 

Article 2 

Article 3, initial phrase 

Article 3, final phrase 

Article 4(1) 

Article 4(2) 

Chapter I 

Article 1 

Chapter II 

Article 2 

Article 4(1) 

Article 4(2) 

Article 3(1) 

Article 3(2) 

Article 4(3) introductory wording 

Article 4(3) introductory wording 

Article 4(3) first and second indents 

Article 4(3)(a) and (b) 

Article 4(4) 

Title III 

Article 5 

Article 6(1) introductory wording 

Article 6(1)(a)  

Article 4(4) 

Chapter III 

Article 5 

Article  6(1),  first  subparagraph,  introductory 
sentence, initial wording 

Article  6(1),  first  subparagraph,  introductory 
sentence,  final  wording  and  points  (a),  (b) 
and (c) 

Article 6(1)(b) 

Article 6(1) second subparagraph 

Article 6(2) first and second subparagraphs 

Article 6(2) first and second subparagraphs 

Article 6(2) third and fourth subparagraphs 

Article 6(4) first and second subparagraphs 

Article 6(3) 

Article 6(4) 

Article 6(5) 

Article 6(3) 

Article 6(5) 

Article 6(6) 

EN 

34 

   EN 

 
Article 6(6) 

Article 7(1) 

Article 6(7) 

Article 7(1) 

Article 7(2) first sentence 

Article 7(2) first subparagraph 

Article 7(2) second sentence 

Article 7(2) second subparagraph 

Article 7(3) 

Article 7(3) 

Article 8(1) first subparagraph 

Article 8(1) first subparagraph 

Article 
introductory words  

8(1) 

second 

subparagraph, 

Article 
introductory words 

8(1) 

second 

subparagraph, 

Article  8(1)  second  subparagraph,  first  and 
second indents 

Article  8(1)  second  subparagraph,  points  (a) 
and (b) 

Article 8(2) 

Article 8(3) 

Article 8(4) 

Article 8(5) 

Article 9(1) 

Article 9(2)(a) 

Article 8(1) third subparagraph 

Article 8(2) 

Article 8(3) 

Article 8(4) 

Article 9(1) 

Article 9(2) 

Article 9(2)(b) first subparagraph 

Article 9(3) first subparagraph 

Article 9(2)(b) second subparagraph 

Article 9(3) second subparagraph 

Article 9(3) 

Article 9(4) 

Article 10(1) 

Article 9(4) 

Article 9(5) 

Article 10(1) 

Article 10(2) introductory words, first phrase  Article 10(2) first subparagraph 

Article 
second phrase 

10(2) 

introductory 

words, 

Article 
introductory words 

10(2) 

second 

subparagraph, 

Article 10(2), points (a) and (b) 

Article 10(2) second subparagraph, points (a) 
and (b) 

Title IV 

Articles 11 to 15 

Chapter IV 

Articles 11 to 15 

EN 

35 

   EN 

 
Title V 

Chapter V 

Article 16(1) and (2) 

Article 16(1) and (2) 

Article 16(3)(a) introductory sentence 

Article 16(3) first subparagraph, introductory 
sentence 

Article 16(3)(a) first, second and third indents Article  16(3)  first  subparagraph,  points  (a), 

(b) and (c) 

Article 16(3)(b) 

Article 16(3) second subparagraph 

Article 16(4)(a) first subparagraph 

Article 16(4) first subparagraph 

Article 16(4)(a) second subparagraph 

Article 16(4) second subparagraph 

Article 16(4)(b) 

Article 16(5)(a) 

Article 16(5)(b) 

Article 16(6) 

Article 16(7) 

Article 16(8) 

Articles 17 to 19 

Article 20(1) 

Article 16(4) third subparagraph 

Article 16(5) first subparagraph 

Article 16(5) second subparagraph 

Article 16(6) first subparagraph 

Article 16(6) second subparagraph 

Article 16(7) 

Articles 17 to 19 

Article 20(1) 

Article 20(2), introductory sentence 

Article 20(2), introductory sentence 

Article 20(2) first and second indents 

Article 20(2)(a) and (b) 

Article 20(3) to (5) 

Articles 21 and 22 

Title VI 

Article 23 

Article 24(1) 

Article 20(3) to (5) 

Articles 21 and 22 

Chapter VI 

Article 23 

Article 24(1) 

Article 24(2)(a) introductory sentence 

Article 24(2)(a)(i) to (iii) 

Article 24(2) first subparagraph, introductory 
sentence 

Article 24(2) first subparagraph, points (a) to 
(c) 

EN 

36 

   EN 

 
Article 24(2)(b) first sentence 

Article 24(2) second subparagraph 

Article 24(2)(b) second sentence 

Article 24(2) third subparagraph 

Article 25 

Article 26 

Article 27 

–––– 

Article 28 

Annex I 

–––– 

–––– 

Article 25 

–––– 

–––– 

Article 26 

Article 27 

Annex I 

Annex II 

Annex III 

_____________________ 

EN 

37 

   EN