Proposal for a Council Regulation (EC) No …/… of […] on common rules for imports from certain third countries (Codified version)
Date: 2008-04-24
Institutions: European Commission
Subjects: EU control, codification of EU law, import licence, import policy, market supervision, originating product, third country

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 24.4.2008 
COM(2008) 214 final 

2008/0085 (CNS) 

Proposal for a 

COUNCIL REGULATION (EC) No …/… 

of […] 

on common rules for imports from certain third countries 

(Codified version) 

(presented by the Commission) 

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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. 

The  purpose  of  this  proposal  is  to  undertake  a  codification  of  Council  Regulation 
(EC)  No  519/94  of  7  March  1994  on  common  rules  for  imports  from  certain  third 
countries  and  repealing  Regulations  (EEC)  No  1765/82,  (EEC)  No  1766/82  and 
(EEC)  No  3420/833.  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. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Regulation  (EC)  No  519/94  and  the  instruments 
amending  it,  carried  out  by  the  Office  for  Official  Publications  of  the  European 

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 III to this proposal. 

1. 

2. 

3. 

4. 

5. 

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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 IV to the codified Regulation. 

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(cid:208) 519/94 (adapted) 

2008/0085 (CNS) 

Proposal for a 

COUNCIL REGULATION (EC) No …/… 

of […] 

on common rules for imports from certain third countries  

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  principle  that  all  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, 

Having regard to the opinion of the European Parliament5, 

Whereas: 

(1) 

Council  Regulation  (EC)  No  519/94  of  7  March  1994  on  common  rules  for  imports 
from  certain  third  countries  and  repealing  Regulations  (EEC)  No  1765/82,  (EEC) 
No 1766/82 and (EEC) No 3420/836 has been substantially amended several times7. In 
the interests of clarity and rationality the said Regulation should be codified. 

(cid:208)  

(2) 

The common commercial policy should be based on uniform principles. 

(cid:208) 519/94 Recital 1 (adapted) 

5 
6 

7 

OJ C […], […], p. […]. 
OJ  L  67,  10.3.1994,  p.  89.  Regulation  as  last  amended  by  Regulation  (EC)  No  427/2003  (OJ  L  65, 
8.3.2003, p. 1). 
See Annex III. 

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(3) 

Under Article 14 of the Treaty, the internal market comprises since 1 January 1993 an 
area without internal frontiers in which the free movement of goods, persons, services 
and capital is ensured. 

(cid:208) 519/94 Recital 2 (adapted) 

(4) 

Completion of the common commercial policy as it pertains to rules for imports is the 
only  means  of  ensuring  that  the  rules  applying  to  the  Community's  trade  with  third 
countries correctly reflect the integration of the markets. 

(cid:208) 519/94 Recital 3 (adapted) 

(5) 

Greater uniformity in the rules for imports should be achieved by laying down, as far 
as possible given the particular features of the economic system in the third countries 
in question, provisions similar to those applied under the common rules for other third 
countries. 

(cid:208) 519/94 Recital 4 (adapted) 

(6) 

The common rules applicable to imports also apply to ⌦ coal and steel ⌫ products, 
without prejudice to any measures implementing an agreement relating specifically to 
such products. 

(cid:208) 168/96 Art. 1 (adapted) 

(7) 

The  liberalisation  of  imports,  namely  the  absence  of  any  quantitative  restrictions, 
should therefore form the starting point for the Community rules. 

(cid:208) 519/94 Recital 6 

(8) 

In  the  case  of  ⌦ some ⌫  products,  the  Commission  should  examine  import  terms 
and  conditions,  import  trends,  the  various  aspects  of  the  economic  and  commercial 
situation, and the measures, if any, to be taken. 

(cid:208) 519/94 Recital 8 (adapted) 

(9) 

For  those  products,  it  may  become  apparent  that  there  should  be  Community 
surveillance over certain of these imports. 

(cid:208) 519/94 Recital 9 

(10) 

It is for the Commission and the Council to adopt the safeguard measures called for by 
the interests of the Community with due regard for existing international obligations. 

(cid:208) 519/94 Recital 10 

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(cid:208) 519/94 Recital 11 

(11)  Surveillance or safeguard measures confined to one or more regions of the Community 
may  nevertheless  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. 

(12) 

(13) 

(cid:208) 519/94 Recital 12 (adapted) 

If  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. 

(cid:208) 139/96 Recital 2 (adapted) 

In  the  interests  of  good  administrative  management  and  to  assist  Community 
operators, the content and layout of the surveillance document should be aligned as far 
as  possible  with  the  common  import  licence  forms  provided  for  in  Commission 
Regulations  (EC)  No  3168/94  of  21  December  1994  establishing  in  the  field  of 
application  of  Council  Regulation  (EC)  No  517/94  on  common  rules  for  imports  of 
textile products from third countries not covered by bilateral agreements, protocols or 
other arrangements or by other specific Community import rules a Community import 
licence8,  (EC)  No  3169/94  of  21  December  1994  amending  Annex III  to  Council 
Regulation (EEC) No 3030/93 on common rules for imports of certain textile products 
from  third  countries  and  establishing  in  the  field  of  application  of  the  Regulation  a 
Community  import  licence9  and  (EC)  No ⌦ 738/94  of  30 March  1994  laying  down 
certain  rules  for  the  implementation  of  Council  Regulation  (EC)  No  520/94 
establishing  a  Community  procedure  for  administering  quantitative  quotas10⌫, 
bearing in mind the technical characteristics of the surveillance document. 

(14) 

It  is  in  the  interests  of  the  Community  that  the  Member  States  and  the  Commission 
should make as full as possible an exchange of information resulting from Community 
surveillance. 

(cid:208) 519/94 Recital 13 

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10 

OJ L 335, 23.12.1994, p. 23. Regulation as last amended by Regulation (EC) No 1792/2006 (OJ L 362, 
20.12.2006, p. 1).  
OJ L 335, 23.12.1994, p. 33. 
OJ  L  87,  31.3.1994,  p.  47.  Regulation  as  last  amended  by  Regulation  (EC)  No  983/96  (OJ  L  131, 
1.6.1996, p. 47). 

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(15) 

It is necessary to adopt precise criteria for assessing possible injury and to introduce an 
investigation while still allowing the Commission to introduce appropriate measures in 
urgent cases. 

(cid:208) 519/94 Recital 14 (adapted) 

(16)  To this end, detailed provisions should be introduced on the opening of investigations, 
on  the  checks  and  inspections  required,  on  the  hearing  of  those  concerned,  the 
treatment of information obtained and the criteria for assessing injury. 

(cid:208) 519/94 Recital 15 (adapted) 

(17)  The  provisions  on  the  investigations  introduced  by  this  Regulation  do  not  prejudice 

Community or national rules concerning professional secrecy. 

(cid:208) 519/94 Recital 16 

(18) 

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) 519/94 Recital 17 

(cid:208) 519/94 Recital 18 (adapted) 

(19) 

In the interests of uniformity in rules for imports, the formalities to be carried out by 
importers should be simplified and ⌦ should ⌫ be 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  this 
Regulation. 

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

(cid:208) 519/94 Recital 19 (adapted) 

(cid:208) 519/94 Recital 22 

(21)  The 

textile  products 

(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  rules11  are  subject  to  specific  treatment  at 

falling  under  Council  Regulation 

11 

OJ L 67, 10.3.1994, p. 1. Regulation as last amended by Commission Regulation (EC) No 1398/2007 
(OJ L 311, 29.11.2007, p. 5). 

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Community  and  international  level.  They  should  therefore  be  completely  excluded 
from the scope of this Regulation, 

HAS ADOPTED THIS REGULATION: 

(cid:208) 519/94 

CHAPTER I 

General principles 

Article 1 

1. This Regulation applies to imports of products originating in the third countries referred to 
in Annex I, with the exception of textile products covered by Regulation (EC) No 517/94. 

(cid:208) 168/96 Art. 2 

2.  Imports  into  the  Community  of  the  products  referred  to  in  paragraph  1  shall  take  place 
freely  and  so  shall  not  be  subject  to  any  quantitative  restrictions,  without  prejudice  to  the 
measures which may be taken under Chapter V. 

(cid:208) 519/94 

CHAPTER II 

Community information and consultation procedure 

(cid:208) 519/94 (adapted) 

Article 2 

The Commission shall be informed by the Member States should trends in imports appear to 
call  for  surveillance  ⌦ or ⌫  safeguard  measures.  This  information  shall  contain  the 
available evidence on the basis of the criteria laid down in Article 8. The Commission shall 
pass on this information to all the Member States forthwith. 

Article 3 

1. Consultations shall take place within an advisory committee, hereinafter ‘the Committee’, 
made up of representatives of each Member State with a representative of the Commission as 
chairman. 

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

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  following  receipt  by  the 
Commission  of  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: 

(cid:208) 519/94 

(cid:208) 519/94 (adapted) 

(a) 

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

(b) 

matters  concerning  the  administration  of  the  trade  agreements  between  the 
Community and the third countries referred to in Annex I; 

(cid:208) 519/94 

(c) 

the measures, if any, to be taken. 

4. Consultations may be 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) 519/94 (adapted) 

Article 5 

1.  Where,  after  the  consultations,  it  is  apparent  to  the  Commission  that  there  is  sufficient 
evidence to justify an investigation, the Commission shall initiate an investigation within one 
month  of  receipt  of  information  from  a  Member  State  and  publish  a  notice  in  the  Official 
Journal of the European Union. ⌦ This ⌫ notice shall: 

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(a) 

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

(cid:208) 519/94 

(cid:208) 519/94 (adapted) 

(b) 

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 

(c) 
Commission in accordance with paragraph 4.  

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

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 this Member State so wishes. 

Interested  parties  which  have  made  themselves  known  in  accordance  with  ⌦ the  first 
subparagraph of ⌫ paragraph 1, as well as the representatives of the exporting country, may 
inspect  all  information  made  available  to  the  Commission  within  the  framework  of  the 
investigation,  as  distinct  from  internal  documents  prepared  by  the  authorities  of  the 
Community or its Member States, provided that it is relevant to the defence of their interests 
and not confidential within the meaning of Article 7 and that it is used by the Commission in 
the  investigation.  To  this  end,  they  shall  address  a  written  request  to  the  Commission 
indicating the information required. 

(cid:208) 519/94 

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. 

4.  The  Commission  may  hear  the  interested  parties.  Such  parties  must  be  heard  where  they 
have  applied  in  writing  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  by  the 
outcome of the investigations and that there are special reasons for them to be heard orally. 

5. Where information is not supplied within the time limits set by this Regulation or by the 
Commission under 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. 

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6. Where it appears to the Commission, after the consultations referred to in paragraph 1, 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. 

Article 6 

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

2. Where, within nine months of the initiation of the investigation, the Commission considers 
that no Community surveillance or safeguard measures are necessary, the investigation shall 
be terminated, within one month, after consulting the Committee. The decision to terminate 
the  investigation,  stating  the  main  conclusions  of  the  investigation  and  a  summary  of  the 
reasons therefor, shall be published in the Official Journal of the European Union. 

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 therefor. 

4.  The  provisions  of  this  Chapter  shall  not  preclude  the  taking,  at  any  time,  of  surveillance 
measures in accordance with Articles 9 to 14 or, where a critical situation, in which any delay 
would  cause  injury  which  it  would  be  difficult to  remedy,  calls  for  immediate  intervention, 
safeguard measures in accordance with Articles 15, 16 and 17. 

The  Commission  shall  immediately  take  the  investigation  measures  it  considers  to  be  still 
necessary. The results of the investigation shall be used to re-examine the measures taken. 

Article 7 

1. Information received in pursuance of 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  in  pursuance  of  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. 

(cid:208) 519/94 (adapted) 

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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. 

(cid:208) 519/94 

(cid:208) 519/94 (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 in pursuance of this 
Regulation  are  based.  These  authorities  must,  however,  take  into  account  the  legitimate 
interests of the legal and natural persons concerned that their business secrets should not be 
divulged. 

(cid:208) 519/94 

Article 8 

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

(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  the  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  the  Community  producers  of  similar  or  directly 
competitive products as indicated by trends in certain economic factors such as: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

– 

production, 

utilisation of capacity, 

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. 

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2.  In  conducting  the  investigation,  the  Commission  shall  take  account  of  the  particular 
economic system of the countries referred to in Annex I. 

3. 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; 

the export capacity in the country of origin or export, already in existence or which 
will  be  operational  in  the  foreseeable  future  and  the  likelihood  that  the  resulting 
exports will be to the Community. 

CHAPTER IV 

Surveillance 

Article 9 

1.  Where  the  Community's  interests  so  require,  the  Commission  may,  at  the  request  of  a 
Member State or on its own initiative: 

(a) 

(b) 

decide  to  introduce  retrospective  Community  surveillance  of  certain  imports,  in 
accordance with the procedure laid down by the Commission; 

decide,  for  the  purposes  of  monitoring  the  trend  of  these  imports,  to  make  certain 
imports subject to prior Community surveillance, in accordance with Article 10. 

2.  The  surveillance  measures  shall  have  a  limited  period  of  validity.  Unless  otherwise 
stipulated 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. 

Article 10 

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

1.  Products  under  prior  Community  surveillance  may  be  put  into  free  circulation  only  on 
production  of  a  surveillance  document.  ⌦ That ⌫  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  following  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  be  received  by  the  national  competent 
authority no later than three working days after submission, unless it is proven otherwise. 

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

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

Except  where  the  decision  to  impose  surveillance  provides  otherwise,  the  importer's 
application for a surveillance document 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) 

(e) 

(f) 

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

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

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

‘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.’ 

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

(cid:208) 519/94 (adapted) 

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 
the 
products  presented  for 
⌦ 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 %. 

the  value  or  quantity  given 

importation  exceeds 

in 

5.  ⌦ Surveillance ⌫  documents  may  be  used  only  for  such  time  as  arrangements  for  the 
liberalisation  of  imports  remain  in  force  in  respect  of  the  transactions  concerned.  The 
⌦ surveillance ⌫ documents may not in any event be used beyond the expiry of the period 

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which  shall  be  laid  down  at  the  same  time  and  by  means  of  the  same  procedure  as  the 
imposition  of  surveillance,  and  which  shall  take  account  of  the  nature  of  the  products  and 
other special features of the transactions. 

6.  Where  the  decision  taken  under  Article  9  so  requires,  the  origin  of  products  under 
Community  surveillance  must  be  proven  by  a  certificate  of  origin.  This  paragraph  shall  not 
prejudice other provisions concerning the production of any such certificate. 

(cid:208) 519/94 

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) 519/94 (adapted) 

(cid:208) 139/96 Art. 2 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 × 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. 

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) 519/94 

Article 11 

Where the Community's interests so require, the Commission may, at the request of a Member 
State or on its own initiative, if the situation referred to in Article 15(1) is likely to arise: 

– 

limit the period of validity of any ⌦ surveillance ⌫ document required; 

(cid:208) 519/94 (adapted) 

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– 

make  issue  of  ⌦ that ⌫  document  subject  to  certain  conditions  and,  as  an 
exceptional  measure,  subject  to  insertion  of  a  revocation  clause,  or,  with  the 
frequency  and  for  the  length  of  time  indicated  by  the  Commission,  to  the  prior 
information and consultation procedure referred to in Articles 3 and 4. 

Article 12 

Where importation of a product has not been made subject to prior Community surveillance 
within  a  period  of  eight  working  days  following  the  end  of  consultations,  the  Commission 
may  introduce,  in  accordance  with  Article  17,  surveillance  confined  to  imports  ⌦ into ⌫ 
one or more regions of the Community. 

Article 13 

(cid:208) 139/96 Art. 2 pt. 3 (adapted) 

1.  Products  under  regional  surveillance  may  be  put  into  free  circulation  in  the  region 
concerned  only  on  production  of  a  surveillance  document.  ⌦ That ⌫  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 10(2) shall apply. 

(cid:208) 139/96 Art. 2 pt. 3 

(cid:208) 519/94 

Article 14 

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

(cid:208) 519/94 (adapted) 

(a) 

(b) 

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; 

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

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

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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. 

CHAPTER V 

Safeguard measures 

Article 15 

1. Where a product is imported into the Community in such greatly increased quantities or on 
such  terms  or  conditions  as  to  cause,  or  threaten  to  cause,  serious  injury  to  Community 
producers of like or directly competing products, 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,  alter  the  import  rules  for  that  product  by  providing  that  it  may  be  put  into  free 
circulation  only  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. 

2.  The  measures  adopted  shall  be  communicated  forthwith  to  the  Council  and  the  Member 
States ⌦ and ⌫ shall take effect immediately. 

3. The 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 17 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 
changed  and  that  those  products  which,  under  Articles  10  and  13,  may  be  put  into  free 
circulation only on production of a ⌦ surveillance ⌫ document are in fact accompanied by 
such a document. 

(cid:208) 519/94 

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 a 
request. 

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

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6. If a Member State refers the decision taken by the Commission to the Council, the Council 
may,  acting  by  a  qualified  majority,  confirm,  amend  or  revoke  the  decision  of  the 
Commission. 

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

Article 16 

1.  The  Council  may,  in  particular  in  the  situation  referred  to  in  Article  15(1),  adopt 
appropriate measures. It shall act by a qualified majority on a proposal from the Commission. 

2. Article 15(3) shall apply. 

(cid:208) 519/94 (adapted) 

Article 17 

Where, on the basis, in particular, of the factors referred to in Article 8, it emerges that the 
conditions laid down for the adoption of measures under ⌦ Chapter ⌫ IV and Article 15 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. 

(cid:208) 519/94 

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

These measures shall be adopted in accordance with the procedures laid down in Articles 9 
and 15 respectively. 

(cid:208) 519/94 (adapted) 

Article 18 

surveillance  or 

1.  While  any 
in  accordance  with 
⌦ Chapters ⌫ IV  and  V  is  in  operation,  the  consultations  within  the  Committee  provided 
for in Article 3 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: 

safeguard  measure  applied 

(a) 

(b) 

EN 

to examine the effects of the measure; 

to ascertain whether the application of the measure is still necessary. 

(cid:208) 519/94 

18 

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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 ⌦ Chapters ⌫ IV and V should be 
revoked or amended, it shall proceed as follows: 

(cid:208) 519/94 (adapted) 

(cid:208) 519/94 

(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. 

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

CHAPTER VI 

Final provisions 

Article 19 

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) 

(b) 

(c) 

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; 

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  to  be 
introduced  or  amended  in  accordance  with  this  paragraph.  In  the  event  of  extreme  urgency, 
the  national  measures  or  formalities  in  question  shall  be  communicated  to  the  Commission 
immediately upon their adoption. 

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Article 20 

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 adopted under Article 308 of the 
Treaty  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 9 to 
14 and 18 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) 519/94 (adapted) 

Articles 15, 17 and 18 shall not apply to those products in respect of which such rules make 
provision for the application of quantitative import restrictions. 

(cid:208) 519/94 

(cid:208)  

Article 21 

Regulation (EC) No 519/94 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 IV. 

(cid:208) 519/94 (adapted) 

Article 22 

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

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(cid:208) 519/94 

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

Done at Brussels,  

For the Council 
The President 

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Armenia 

Azerbaijan 

Belarus 

Kazakhstan 

North Korea 

Russia 

Tajikistan 

Turkmenistan 

Ukraine 

Uzbekistan 

Vietnam 

(cid:208) 519/94 

ANNEX I 

List of third countries 

____________________ 

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(cid:208) 139/96 Art. 2 pt. 4 and Annex II 

ANNEX II 

12. Value  in  euro,  cif  at  Community 

frontier 

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EN 

24 

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12. Value  in  euro,  cif  at  Community 

frontier 

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_______________ 

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(cid:207) 

ANNEX III 

Repealed Regulation with list of its successive amendments 

Council Regulation (EC) No 519/94 
(OJ L 67, 10.3.1994, p. 89) 

Council Regulation (EC) No 1921/94 
(OJ L 198, 30.7.1994, p. 1) 

Council Regulation (EC) No 538/95 
(OJ L 55, 11.3.1995, p. 1) 

Council Regulation (EC) No 839/95 
(OJ L 85, 19.4.1995, p. 9) 

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

Council Regulation (EC) No 168/96 
(OJ L 25, 1.2.1996, p. 2) 

Council Regulation (EC) No 752/96 
(OJ L 103, 26.4.1996, p. 1) 

Council Regulation (EC) No 1897/96 
(OJ L 250, 2.10.1996, p. 1) 

Council Regulation (EC) No 847/97 
(OJ L 122, 14.5.1997, p. 1) 

Council Regulation (EC) No 1138/98 
(OJ L 159, 3.6.1998, p. 1) 

Article 2 only 

Council Regulation (EC) No 427/2003 
(OJ L 65, 8.3.2003, p. 1) 

Article 22(1) and (2) 
only 

_____________ 

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ANNEX IV 

CORRELATION TABLE 

Regulation (EC) No 519/94 

This Regulation 

Article 1(1) and (2) 

Article 1(1) and (2) 

Article 1(4) 

Article 2 

Article 3, initial phrase 

Article 3, final phrase 

Article 4(1) and (2) 

Article 4(3) and (4) 

Article 5(1) introductory wording 

Article 5(1)(a)  

Article 5(1)(b) 

Article 5(2) to (6) 

Article 6 

Article 7(1) 

Article 7(2)(a) 

_ 

Article 2 

Article 4(1) 

Article 4(2) 

Article 3(1) and (2) 

Article 4(3) and (4) 

Article  5(1)  first  subparagraph,  introductory 
sentence, initial wording 

Article 5(1), first subparagraph, introductory 
sentence,  final  wording  and  points  (a),  (b) 
and (c) 

Article 5(1), second subparagraph 

Article 5(2) to (6) 

Article 6 

Article 7(1) 

Article 7(2) 

Article 7(2)(b) first subparagraph 

Article 7(3) first subparagraph 

Article 7(2)(b) second subparagraph 

Article 7(3) second subparagraph 

Article 7(3) 

Article 7(4) 

Articles 8 to 14 

Article 7(4) 

Article 7(5) 

Articles 8 to 14 

Article 15(1) and (2) 

Article 15(1) and (2) 

Article 15(3)(a) 

Article 15(3), first subparagraph 

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Article 15(3)(b) 

Article 15(3), second subparagraph 

Article 15(4), (5) and (6) 

Article 15(4), (5) and (6) 

Articles 16, 17 and 18 

Articles 16, 17 and 18 

Article 19(1) 

Article 19(1) 

Article 19(2)(a), introductory wording 

Article 19(2)(a)(i), (ii) and (iii) 

Article 
introductory wording 

19(2), 

first 

subparagraph, 

Article  19(2),  first  subparagraph,  points  (a), 
(b) and (c) 

Article 19(2)(b) 

Article 19(2), second subparagraph 

Article 20 

Article 21 

Article 22 

Article 23 

_ 

Article 24 

Annex I 

Annex IV 

_ 

_ 

Article 20 

_ 

_ 

_ 

Article 21 

Article 22 

Annex I 

Annex II 

Annex III 

Annex IV 

_____________ 

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