Source: EURLEX
Language: en
Format: md

12. 12. 87 Official Journal of the European Communities No C 334/3

Communication from the Commission regarding the suspension of the generalized tariff
preferences granted to the Republic of Korea

_(87/C_ 334/03)

The Commission calls the attention of all parties eventually concerned, to its proposal to the

Council — which follows — regarding the suspension of the generalized tariff preference

granted to the Republic of Korea. A similar text will be proposed for the ECSC products.

INTRODUCTION

On 1 July 1987 the Republic of Korea introduced new
legislation for the protection of intellectual property. At
the same time, as a result of the bilateral agreement
concluded with the United States in August 1986, Korea
decided to apply transitional measures to the United
States, and these are clearly prejudicial to the
Community's interests.

The Commission, in agreement with the Member States,
repeatedly stated that the Community could not tolerate
this discriminatory treatment. At the most recent highlevel consultation between the Commission and Korea,
the Korean authorities stated that they would apply to
the Community treatment which was equal, if not
identical, to that accorded to the United States.

Following this declaration, a meeting was held between
the Commission and Korea in Seoul at the beginning of
November to decide how to apply the transitional
measures for the Community. While Korea said that it
was prepared to remove the discrimination in certain
cases (copyrights and product patents in the pipeline), it

refused to do so for the changing of applications for
process patents into applications for product patents.
Korea also rejected a compromise suggested by the
Commission for the protection of the products resulting
from the process patents concerned, which would not
have involved any change in Korea's legislation. This is
the matter which most affects the Community's interests.

Consequently, given Korea's refusal to remove discrimination against the European Community in the sphere of
the protection of intellectual property, and in view of the
danger that Korea might take discriminatory measures _de_
_jure_ or _de facto_ in other spheres (e.g. maritime transport),
the Commission proposes that measures should be taken
to dissuade the Republic of Korea from applying discriminatory treatment which runs counter to the
Community's interests. The Commission proposes that,
in order to do so, the application of the scheme of
generalized tariff preferences to Korea should be
suspended as long as the discrimination continues and it
presents the attached proposal for a Regulation to the
Council.

Commission proposal for a Council Regulation

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Economic Community, and in particular Article 113
thereof, .

Having regard to the proposal from the Commission,

Whereas the Council adopted Regulations (EEC) No
. . . . / . ., (EEC) No . . . . / . . and (EEC) No . . . . / . . on the
scheme of generalized tariff preferences for 1988;

Whereas the Republic of Korea benefits from these
generalized tariff preferences;

Whereas the scheme of generalized tariff preferences is
an autonomous European Community scheme;

Whereas the Republic of Korea does not treat the
Community on an equal footing with other trade
partners and whereas it has taken discriminatory
measures in respect of the Community in the sphere of
the protection of intellectual property; whereas the
Republic of Korea should not benefit from the scheme of
generalized tariff preferences as long as this situation
continues,

HAS ADOPTED THIS REGULATION:

_Sole Article_

From 1 January 1988 the preferences granted by Regulations (EEC) No . . . ./.., (EEC) No . . . . / . . and (EEC)
No . . . . / . . shall be suspended in respect of products
coming from the Republic of Korea.