CELEX: 51995PC0075
Language: en
Date: 1995-04-12
Title: Proposal for a COUNCIL DECISION concerning a decision of the Association Council set up by the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 Brussels, 12.04.1995
                                                 COM(95) 75 final
                                                 95/ 0075(ACC)
                                  Proposal for a
                             COUNCIL DECISION
concerning a decision of the Association Council set up by the Europe Agreement
between the European Communities and their Member States, of the one part, and the
Republic of Poland, of the other part
                         (presented by the Commission)
 ---pagebreak---                            » V ; •!""-*** t ' . T l »
                                                     E?gtoaft?ryîpemorapdum                £
Between 3 September and 31 December 1993, without prior consultation, the Republic of
Poland applied a ban on the export of certain types of leather. Since 1 January 1994
Poland has been applying a 1 400 tonne quota on exports of certain types of leather on the
basis of Article 31 of the Europe Agreement. This Article allows the adoption of
appropriate measures, particularly in the event of a shortage. The introduction of this
quota was announced by the Polish authorities at the meeting of the Joint Committee held
under the Interim Agreement on 24 and 25 January 1994.
At the first meeting of the Association Committee set up by the Europe Agreement held in
Warsaw on 23 and 24 June 1994, the Community asked Poland to increase the quota to
15 000 tonnes in 1994 and then 20 000 tonnes in 1995 in order to ensure, in accordance
with the Agreement, a balance between the measure taken by Poland and the alleged
shortage.
The Polish authorities did not accept this proposal.
In its letter of 28 July 1994 the Community therefore put the matter to the
Association Council in accordance with Article 105(1) of the Europe Agreement in order
that it might settle the dispute.
At the second meeting of the Association Committee held in Brussels on 1 and
2 December 1994 the Polish delegation proposed that the quota for 1995 be increased
from 1 400 tonnes to 2 000 tonnes provided that the Community ended the procedure
initiated on the basis of Article 105 of the Europe Agreement. No solution was found,
since the Community again proposed that the quota be raised to 15 000 tonnes for 1994
and 20 000 tonnes for 1995.
On 14 December 1994, in a spirit of compromise, the Community sent the Polish
authorities a new proposal requiring a reply by the end of the year; it proposed a quota of
 15 000 tonnes for exports of leather in 1995 but received no reply by the deadline.
Since no solution acceptable to both sides has been found, the dispute settlement
procedure provided for in Article 105 of the Europe Agreement has to be followed in
accordance with paragraph 2 thereof, which states that the Association Council set up by
the Europe Agreement may settle by means of a decision any dispute regarding the
application or interpretation of the Agreement. It is therefore necessary for the Council to
take the attached decision.
The Commission therefore requests the Council to adopt the attached proposal for a
Council decision.
 ---pagebreak---                                                                                       3
                               Proposal for a Council Decision
concerning a decision of the Association Council set up by the Europe Agreement
between the European Communities and their Member States, of the one part, and the
Republic of Poland, of the other part
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 113 thereof,
Having regard to the Europe Agreement establishing an association between the European
Communities and their Member States, of the one part, and the Republic of Poland, of the
other part,
Having regard to the proposal from the Commission,
Having regard to the Decision of the Council and the Commission of 13 December 1993
on the conclusion of that Agreement, and in particular Article 2(1) thereof,
Whereas the provisions to which that Article refers are Article 113 of the Treaty
establishing the European Community in conjunction with Article 228(2) thereof;
Whereas it is laid down in Article 105(2) of the Europe Agreement that the Association
Council set up by that Agreement may settle by means of a decision any dispute regarding
the application or interpretation of the Agreement;
Whereas, since 1 January 1994 the Republic of Poland, invoking Article 31 of the
Europe Agreement, has applied a 1 400 tonne quota to exports of certain types of leather;
Whereas at the first meeting of the Association Committee set up by the
Europe Agreement held in Warsaw on 23 and 24 June 1994, the Community requested
Poland to increase the quota to 15 000 tonnes for 1994 and 20 000 tonnes for 1995 in
order to keep a balance, in accordance with the Agreement, between the measure taken by
Poland and the alleged shortage;
Whereas the Polish authorities did not accept this proposal;
Whereas by letter of 28 July 1994 the Community put the matter to the Association
Council in accordance with Article 105(1) of the Europe Agreement in order that it might
settle the dispute;
Whereas at the second meeting of the Association Committee held in Brussels on 1 and
2 December 1994 the Polish delegation proposed that the quota for 1995 should be raised
from 1400 tonnes to 2 000 tonnes provided that the Community terminated the
procedure initiated on the basis of Article 105 of the Europe Agreement;
Whereas no solution was found at that meeting since the Community again proposed that
the quota be raised to 15 000 tonnes for 1994 and 20 000 tonnes for Î995;
 ---pagebreak---                                                                                      V
Whereas on 14 December 1994, in a spirit of compromise, the Community sent the Polish
authorities a new proposal requiring a reply by the end of the year, for a quota of
15 000 tonnes for exports of leather in 1995;
Whereas no reply was received from the Polish authorities by the deadline;
Whereas since no solution acceptable to both sides has been found, the dispute settlement
procedure provided for in Article 105 of the Europe Agreement must be followed in
accordance with paragraph 2 thereof;
HAS DECIDED AS FOLLOWS:
The position to be taken by the Community within the Association Council set up by the
Europe Agreement between the European Communities and their Member States of the
one part and the Republic of Poland of the other part regarding settlement of the dispute
concerning certain types of leather shall be based on the draft decision of the
Association Council which is annexed to this Decision.
Done at Brussels,...                                For the Council
                                                    The President
 ---pagebreak---                                                                                           J^
Decision No .../95 of the Council of Association between the European Communities and
     their Member States, of the one part, and the Republic of Poland, of the other part
                                          of... 1995
settling the dispute between the European Community and the Republic of Poland
concerning certain types of leather in accordance with Article 105(1) and (2) of the
Europe Agreement between the European Communities and their Member States, of the
one part, and the Republic of Poland, of the other part
THE ASSOCIATION COUNCIL
Having regard to the Europe Agreement establishing an association between the European
Communities and their Member States, of the one part, and the Republic of Poland, of the
other part, and in particular Article 105 thereof,
Whereas it is laid down in Article 105(2) of the Europe Agreement that the Association
Council set up by that Agreement may settle by means of a decision any dispute regarding
the application or interpretation of the Agreement;
Whereas since 1 January 1994 the Republic of Poland, invoking Article 31 of the
Europe Agreement, has applied a 1 400 tonne quota to exports of certain types of leather;
Whereas, at the first meeting of the Association Council set up by the Europe Agreement
held in Warsaw on 23 and 24 June 1994, the Community requested Poland to increase the
quota to 15 000 tonnes for 1994 and 20 000 tonnes for 1995 in order to keep a balance, in
accordance with the Agreement, between the measures taken by Poland and the alleged
shortage;
 Whereas the Polish authorities did not accept this proposal;
 Whereas in its letter of 28 July 1994 the Community put the matter to the Association
 Council in accordance with Article 105(1) of the Europe Agreement in order that it might
 settle the dispute;
 Whereas at the second meeting of the Association Council held in Brussels on 1 and
 2 December 1994 the Polish delegation proposed that the quota for 1995 be raised from
 1 400 to 2 000 tonnes, provided that the Community terminated the procedure initiated on
 the basis of Article 105 of the Europe Agreement,
 Whereas no solution was found at that meeting since the Community again proposed that
 the quota be raised to 15 000 tonnes in 1994 and 20 000 tonnes in 1995 ;
 Whereas on 14 December 1994, in a spirit of compromise, the Community sent the Polish
 authorities a new proposal requiring a reply by the end of the year, for a quota of
  15 000 tonnes for exports of leather in 1995:
 Whereas no reply was received from the Polish authorities by the deadline;
 ---pagebreak---                                                                                            €
Whereas since no solution acceptable to the two sides has been found, the procedure for
settling disputes provided for in Article 105 of the Europe Agreement must be followed in
accordance with paragraph 2 thereof,
Whereas, taking into account a last analysis of the situation, the establishment of a quota
of at least 13 500 tonnes for exports of leather in 1995 seems acceptable,
HAS DECIDED AS FOLLOWS :
The amount of the annual quota for exports from Poland of certain types of leather set at
 1400 tonnes in 1994 shall be increasedfrom1 January 1995 so that it will be 13 500
tonnes for 1995.
Done at Brussels,...
                                                       For the Association Council
                                                       The President
 ---pagebreak---                                                                         9-
                                                                   BSN 0254-1475
                                                             COM(95) 75 final
                                              DOCUMENTS
EN                                                                        11 02
                                     Catalogue number : CB-CO-95-120-EN-C
                                                              ISBN 92-77-87051-6
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