Proposal for a Council Regulation establishing common rules for exports (Codified version)
Date: 2008-02-20
Institutions: European Commission
Subjects: Council of the European Union, EC Regulation, codification of EU law, export (EU), export policy

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.2.2008 
COM(2008) 89 final 

2008/0034 (ACC) 

Proposal for a 

COUNCIL REGULATION 

establishing common rules for exports 

(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 (EEC) No 2603/69 of 20 December 1969 establishing common rules for 
exports3. 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  (EEC)  No  2603/69  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) 2603/69 (adapted) 

2008/0034 (ACC) 

Proposal for a 

COUNCIL REGULATION 

establishing common rules for exports 

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  common  organisation  of  agricultural  markets 
and  to  the  instruments  concerning  processed  agricultural  products  adopted  in  pursuance  of 
Article ⌦ 308 ⌫ of the Treaty, in particular the provisions of those instruments which allow 
for  derogation  from  the  general  principles  that  quantitative  restrictions  or  measures  having 
equivalent  effect  may  be  replaced  solely  by  the  measures  provided  for  in  those  same 
instruments, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

Council  Regulation  (EEC)  No  2603/69  of  20  December  1969  establishing  common 
rules  for  exports1  has  been  substantially  amended  several  times2.  In  the  interests  of 
clarity and rationality the said Regulation should be codified. 

(cid:208)  

(2) 

The  common  commercial  policy  must  be  based  on  uniform  principles,  inter  alia,  as 
regards exports. 

(cid:208) 2603/69 Recital 1 (adapted) 

1 

2 

OJ  L  324,  27.12.1969,  p.  25.  Regulation  last  amended  by  Regulation  (EEC)  No  3918/91  (OJ  L  372, 
31.12.1991, p. 31). 
See Annex II. 

EN 

4 

   EN 

 
 
 
 
                                                 
(3) 

(4) 

Common 
⌦ Community ⌫. 

rules 

should 

(cid:208) 2603/69 Recital 2 (adapted) 

therefore  be  established 

for  exports 

from 

the 

(cid:208) 2603/69 Recital 3 

Exports  are  almost  completely  liberalised  in  all  the  Member  States.  It  is  therefore 
possible  to  accept  as  a  Community  principle  that  exports  to  third  countries  are  not 
subject  to  any  quantitative  restriction,  subject  to  the  exceptions  provided  for  in  this 
Regulation  and  without  prejudice  to  such  measures  as  Member  States  may  take  in 
conformity with the Treaty. 

(5) 

The  Commission  must  be  informed  if,  as  a  result  of  unusual  developments  on  the 
market, a Member State considers that protective measures might be necessary. 

(cid:208) 2603/69 Recital 4 

(6) 

It is essential that examination should take place at Community level, in particular on 
the basis of any such information and within an advisory committee, of export terms 
and  conditions,  of  export  trends,  of  the  various  aspects  of  the  economic  and 
commercial situation, and of the measures, if any, to be taken. 

(cid:208) 2603/69 Recital 5 

(cid:208) 2603/69 Recital 6 

(7) 

It  may  become  apparent  from  this  examination  that  the  Community  should  exercise 
surveillance  over  certain  exports,  or  that  interim  protective  measures  should  be 
introduced  as  a  safeguard  against  unforeseen  practices.  The  need  for  rapid  and 
effective  action  makes  it  justifiable  for  the  Commission  to  be  empowered  to  decide 
upon such measures, but without prejudice to the subsequent position of the Council, 
whose  responsibility  it  is  to  adopt  a  policy  consistent  with  the  interests  of  the 
Community. 

(8) 

Any  protective  measures  necessitated  by  the  interests  of  the  Community  should  be 
adopted with due regard for existing international obligations. 

(cid:208) 2603/69 Recital 7 

EN 

5 

   EN 

 
 
 
 
 
 
 
(9) 

It  is  desirable  that  Member  States  be  empowered,  in  certain  circumstances  and 
provided  that  their  actions  are  on  an  interim  basis  only,  to  take  protective  measures 
individually. 

(cid:208) 2603/69 Recital 8 

(10) 

It is desirable that while such protective measures are in operation there should be an 
opportunity for consultation for the purpose of examining the effects of the measures 
and of ascertaining whether the conditions for their application are still satisfied. 

(cid:208) 2603/69 Recital 9 

(cid:208) 3918/91 Recital 6 

(11) 

It  is  necessary  to  authorise  Member  States  which  are  bound  by  international 
commitments setting up, in cases of actual or potential supply difficulties, a system for 
the allocation of oil products between contracting parties to comply with the resulting 
obligations  vis-à-vis  third  countries,  without  prejudice  to  Community  provisions 
adopted  to  the  same  end.  This  authorisation  should  apply  until  the  adoption  by  the 
Council  of  appropriate  measures  pursuant  to  commitments  entered  into  by  the 
Community or all the Member States. 

(cid:208) 2603/69 Recital 11 (adapted) 

(12)  This  Regulation  is  to  apply  to  all  products,  whether  industrial  or  agricultural.  Its 
operation  should  be  complementary  to  that  of  the  instruments  establishing  common 
organisation  of  agricultural  markets,  and  to  that  of  the  special  instruments  adopted 
under  Article  ⌦ 308 ⌫  of  the  Treaty  for  processed  agricultural  products.  Any 
overlap  between  the  provisions  of  this  Regulation  and  the  provisions  of  these 
instruments, particularly the protective clauses thereof, must however be avoided, 

EN 

6 

   EN 

 
 
 
 
 
HAS ADOPTED THIS REGULATION: 

(cid:208) 2603/69 

(cid:208) 2603/69 (adapted) 

⌦ CHAPTER ⌫ I 

(cid:208) 2603/69 

Basic principle 

Article 1 

The  exportation  of  products  from  the  European Community  to  third  countries  shall  be  free, 
that is to say,  they  shall not be  subject to any quantitative restriction, with the  exception of 
those restrictions which are applied in conformity with the provisions of this Regulation. 

(cid:208) 2603/69 (adapted) 

⌦ CHAPTER ⌫ II 

Community information and consultation procedure 

(cid:208) 2603/69 

(cid:208) 2603/69 (adapted) 

Article 2 

If,  as  a  result  of  any  unusual  developments  on  the  market,  a  Member  State  considers  that 
protective measures within the meaning of ⌦ Chapter ⌫ III might be necessary, it shall so 
notify the Commission, which shall advise the other Member States. 

EN 

7 

   EN 

 
 
 
 
 
 
 
(cid:208) 2603/69 Art. 3 and Art. 4 
(adapted) 

Article 3 

1.  Consultations  shall  take  place  within  an  advisory  committee  (hereinafter  called  “the 
Committee”),  which  shall  consist  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  all  the 
Member States, as promptly as possible, with all relevant information. 

Article 4 

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

2.  Consultations  shall  take  place  within  four  working  days  following  receipt  by  the 
Commission  of  the  notification  provided  for  in  Article  2,  and  in  all  cases  before  the 
introduction of any measure pursuant to Articles 5 to 7. 

3. Consultation shall in particular cover: 

(a) 

terms  and  conditions  of  export,  export  trends,  and  the  various  aspects  of  the 
economic and commercial situation as regards the product in question; 

(b) 

the measures, if any, to be adopted. 

(cid:208) 2603/69 

Article 5 

For  the  purpose  of  assessing  the  economic  and  commercial  situation  as  regards  a  particular 
product,  the  Commission  may  request  Member  States  to  supply  statistical  data  on  market 
trends in that product and, to this end, acting in accordance with their national legislation and 
with a procedure to be specified by the Commission, to exercise surveillance over exports of 
such product. Member States shall take whatever steps are necessary in order to give effect to 
requests from the Commission and shall forward to the Commission the data requested. The 
Commission shall inform the other Member States. 

EN 

8 

   EN 

 
 
 
(cid:208) 2603/69 (adapted) 

⌦ CHAPTER ⌫ III 

(cid:208) 2603/69 

Protective measures 

Article 6 

1.  In  order  to  prevent  a  critical  situation  from  arising  on  account  of  a  shortage  of  essential 
products,  or  to  remedy  such  a  situation,  and  where  Community  interests  call  for  immediate 
intervention, the Commission, acting at the request of a Member State or on its own initiative, 
and  taking  account  of  the  nature  of  the  products  and  of  the  other  particular  features  of  the 
transactions  in  question,  may  make  the  export  of  a  product  subject  to  the  production  of  an 
export authorisation, the granting of which shall be governed by such provisions and subject 
to  such  limits  as  the  Commission  shall  lay  down  pending  subsequent  action  by  the  Council 
under Article 7. 

2. The Council and the Member States shall be notified of the measures taken. Such measures 
shall take effect immediately. 

3.  The  measures  may  be  limited  to  exports  to  certain  countries  or  to  exports  from  certain 
regions  of  the  Community.  They  shall  not  affect  products  already  on  their  way  to  the 
Community frontier. 

4.  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 
request.  Should  the  Commission  refuse  to  give  effect  to  the  request,  it  shall  forthwith 
communicate  its  decision  to  the  Council,  which  may,  acting  by  a  qualified  majority,  decide 
differently. 

5. Any Member State may, within twelve working days of the day of their communication to 
the  Member  States,  refer  the  measures  taken  to  the  Council.  The  Council  may,  acting  by  a 
qualified majority, decide that different action be taken. 

6.  Where  the  Commission  has  acted  pursuant  to  paragraph  1,  it  shall,  not  later  than  twelve 
working  days  following  the  entry  into  force  of  the  measure  which  it  has  taken,  make  a 
proposal to the Council on appropriate measures as provided for in Article 7. If, at the end of 
six  weeks  following  the  entry  into  force  of  the  measure,  taken  by  the  Commission,  the 
Council  has  taken  no  decision  on  this  proposal,  the  measure  in  question  shall  be  deemed 
revoked. 

EN 

9 

   EN 

 
 
 
1. Where the interests of the Community  so require, the Council may, acting by a  qualified 
majority on a proposal from the Commission, adopt appropriate measures: 

Article 7 

(cid:208) 2603/69 (adapted) 

⌦ (a) ⌫ 

to  prevent  a  critical  situation  from  arising  owing  to  a  shortage  of  essential 

products, or to remedy such a situation. 

⌦ (b) ⌫ 

to  allow  international  undertakings  entered  into  by  the  Community  or  all  the 
Member  States  to  be  fulfilled,  in  particular  those  relating  to  trade  in  primary 
products. 

2.  ⌦ The  measures  referred  to  in  paragraph  1 ⌫  may  be  limited  to  exports  to  certain 
countries or to exports from certain regions of the Community. They shall not affect products 
already on their way to the Community frontier. 

3.  When  quantitative  restrictions  on  exports  are  introduced,  account  shall  be  taken  in 
particular of: 

⌦ (a) ⌫ 

the volume of goods exported under contracts concluded on normal terms and 
conditions before the entry into force of a protective measure within the meaning of 
this ⌦ Chapter ⌫ and notified by the Member State concerned to the Commission 
in conformity with its national laws; and 

⌦ (b) ⌫ 

the need to avoid jeopardising achievement of the aim pursued in introducing 

quantitative restrictions. 

(cid:208) 2603/69 Art. 9 

Article 8 

1.  While  any  measure  referred  to  in  Articles  6  ⌦ and  7 ⌫  is  in  operation,  consultations 
within the Committee shall be held, either at the request of a Member State or on the initiative 
of the Commission. The purpose of such consultations shall be: 

(cid:208) 2603/69 (adapted) 

(a) 

(b) 

EN 

to examine the effects of the measures 

to ascertain whether the conditions for its application are satisfied. 

(cid:208) 2603/69 

10 

   EN 

 
 
 
 
 
2. Where the Commission considers that any measure provided for in Article 6 or in Article 7 
should be revoked or amended, it shall proceed as follows: 

(a) 

(b) 

where the Council has taken no decision on a measure taken by the Commission, the 
latter shall amend or revoke such measure forthwith and shall immediately deliver a 
report to the Council; 

in  all  other  cases,  the  Commission  shall  propose  to  the  Council  that  the  measures 
adopted by the Council be revoked or amended. The Council shall act by a qualified 
majority. 

(cid:208) 2603/69 (adapted) 

CHAPTER IV 

Transitional and final provisions 

(cid:208) 2603/69 

(cid:208) 3918/91 Art. 1 pt. 1 (adapted) 

Article 9 

In  respect  of  products  listed  in  Annex  ⌦ I ⌫,  until  such  time  as  the  Council  adopts 
appropriate measures pursuant to international commitments entered into by the Community 
or all its Member States, Member States shall be authorised to implement, without prejudice 
to rules adopted by the Community in this field, the emergency sharing system introducing an 
allocation  obligation  vis-à-vis  third  countries  provided  for  in  international  commitments 
entered into before the entry into force of this Regulation. 

Member States shall inform the Commission of measures they intend to adopt. The measures 
adopted shall be communicated by the Commission to the Council and other Member States. 

(cid:208) 2603/69 Art. 11 

Article 10 

Without  prejudice  to  other  Community  provisions,  this  Regulation  shall  not  preclude  the 
adoption or application by a Member State of quantitative restrictions on exports on grounds 
of  public  morality,  public  policy  or  public  security;  the  protection  of  health  and  life  of 

EN 

11 

   EN 

 
 
 
 
 
humans, animals and plants; the protection of national treasures possessing artistic, historic or 
archaeological value, or the protection of industrial and commercial property. 

(cid:208) 2603/69 Art. 12 (adapted) 

Article 11 

This  Regulation  shall  be  without  prejudice  to  the  operation  of  the  instruments  establishing 
common  organisation  of  agricultural  markets;  or  of  the  special  instruments  adopted  under 
Article ⌦ 308 ⌫ of the Treaty for processed agricultural products; it shall operate by way of 
complement to those instruments.  

However,  in  the  case  of  products  covered  by  such  instruments,  the  provisions  of  Article  6 
shall not apply to those in respect of which the Community rules on trade with third countries 
make  provision  for  the  application  of  quantitative  export  restrictions.  The  provisions  of 
Article  5  shall  not  apply  to  those  products  in  respect  of  which  such  rules  require  the 
production of a licence or other export document. 

(cid:208) 

Article 12 

Regulation (EEC) No 2603/69 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. 

(cid:208) 2603/69 (adapted) 

Article 13 

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

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

Done at Brussels, […] 

EN 

For the Council 
The President 
[…]

12 

   EN 

 
 
 
 
 
 
 
(cid:208) 3918/91 Art. 1 pt. 2 (adapted) 

ANNEX ⌦ I ⌫ 

Products referred to in Article ⌦ 9 ⌫ 

CN code 

Description 

(cid:208) 3918/91 Art. 1 pt. 2 

2709 00  

2710 00  

2710 00 11 to 
2710 00 39 

2710 00 41 to 
2710 00 59 

2710 00 61 to 
2710 00 99 

ex 27 10 00 to 
ex 27 10 00 

Petroleum oils and oils obtained from bituminous minerals, crude 

Petroleum  oils  and  oils  obtained  from  bituminous  minerals,  other 
than  crude;  preparations  not  elsewhere  specified  or  included, 
containing  by  weight  70 %  or  more  of  petroleum  oils  or  of  oils 
obtained  from  bituminous  minerals,  these  oils  being  the  basic 
constituents of the preparations: 

Light oils 

Medium oils 

Heavy  oils, except lubricating  oils, used in  clocks and  watches and 
the  like,  presented  in  small  receptacles  containing  not  more  than 
250 g net of oil 

2711 

Petroleum gases and other gaseous hydrocarbons: 

2711 12  

2711 13  

- Liquefied 

- - Propane: 

- - - Propane of a purity not less than 99 % 

- - - Other 

- - Butanes 

- In gaseous state: 

EN 

13 

   EN 

 
 
 
 
 
 
 
 
ex 2711 29 00 

- - Other: 

- - - Propane 

- - - Butanes 

EN 

14 

   EN 

 
 
 
(cid:207) 

ANNEX II 

Repealed Regulation with its list of successive amendments 

Council Regulation (EEC) No 2603/69 
(OJ L 324, 27.12.1969, p. 25) 

Council Regulation (EEC) No 234/71 
(OJ L 28, 4.2.1971, p. 2) 

Council Regulation (EEC) No 1078/71 
(OJ L 116, 28.5.1971, p. 5) 

Council Regulation (EEC) No 2182/71 
(OJ L 231, 14.10.1971, p. 4) 

Council Regulation (EEC) No 2747/72 
(OJ L 291, 28.12.1972, p. 150) 

Council Regulation (EEC) No 1275/75 
(OJ L 131, 22.5.1975, p. 1) 

Council Regulation (EEC) No 1170/76 
(OJ L 131, 20.5.1976, p. 5) 

Council Regulation (EEC) No 1934/82 
(OJ L 211, 20.7.1982, p. 1) 

Council Regulation (EEC) No 3918/91 
(OJ L 372, 31.12.1991, p. 31) 

_____________ 

Only Article 1, first indent 

EN 

15 

   EN 

 
 
 
 
 
 
 
 
 
 
ANNEX III 

CORRELATION TABLE 

Regulation (EEC) No 2603/69 

This Regulation 

Articles 1 and 2 

Article 3(1) and (2) 

Article 4(1) and (2) 

Article 4(3) 

- 

Articles 5 and 6 

Articles 1 and 2 

Article 4(1) and (2) 

Article 3(1) and (2) 

Article 4(3) 

Articles 5 and 6 

Article 7(1) introductory part 

Article 7(1) introductory part 

Article 7(1) first indent 

Article 7(1) second indent 

Article 7(2) 

Article 7(1)(a) 

Article 7(1)(b) 

Article 7(2) 

Article 7(3) introductory part 

Article 7(3) introductory part 

Article 7(3) first indent 

Article 7(3) second indent 

Article 8 

Article 9 

Article 10(1) 

Article 10(2) 

Article 11 

Article 12(1) 

Article 12(2) 

- 

Article 13 

Annex I 

EN 

Article 7(3)(a) 

Article 7(3)(b) 

- 

Article 8 

- 

Article 9 

Article 10 

Article 11 first paragraph 

Article 11 second paragraph 

Article 12 

Article 13 

- 

16 

   EN 

 
 
Annex II 

- 

- 

Annex I 

Annex II 

Annex III 

_____________ 

EN 

17 

   EN