CELEX: 51973PC0193
Language: en
Date: 1973-02-09
Title: Proposal for a REGULATION (EEC) OF THE COUNCIL on the safeguard measures provided for in the Agreement between the European Economic Community and the Arab Republic of Egypt (Submitted by the Council to the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 193
Vol. 1973/0029
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(73)193 final
                                                 Brussels , 9 February 1973
                                Proposal for a
                       REGULATION (EEC ) OF THE COUNCIL
            on the safeguard measures provided for in the Agree­
            ment between the European Economic Community and the
            Arab Republic of Egypt
               ( Submitted by the Council to the Commission)
   COM(73 ) 193 final
 ---pagebreak---                                                ΙΛ/73-Ε
                     EXPLANATORY MEMORANDUM
The agreement negotiated with the ARE provides In Article 2.Z
that the Contracting Parties may in case of difficulty adopt
safeguard measures .
This proposal for a Regulation lays down the rules for
implementing that clause as regards the Community .
 ---pagebreak---                                                                 I/V73-E
                                Proposal for a
                   _ IUGUL'\TIOIl' (-illip) OP TH:3 jCOULICJ^
       on the safeguard measures provided for in the Agreement
      between the European Economic Community and the Arab
      Republic of Egypt
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 an agreement between the European Economic Community and the
Arab Republic of Egypt was signed at                                    ;
Whereas , for the. purposes! of implementing the safeguard clauses
provided for in the Treaty establishing the Europe--.. ''Ucononic
Community , the procedures to be followed are laid, down by the Treaty
itself ;                                                    "*■
Whereas , On the other hand ,, the detailed rules for implementing the
safeguard clause provided for in Article 12 of the Agreement remain
to be laid down ;
HAS ADOPTED THIS- REGULATION :
                                    Article 1
1*    The Commission may , at the request of a Member State or on its
own initiative , decide to &pply to products originating in the Arab
Republic of Egypt the safeguard measures which in Article 12 of the
Agreement between the European Economic Community and the Arab
Republic of Egypt - hereinafter called the "Agreement " - the
Community reserved the right to take , in particular , the temporary
total or partial withdrawal of tariff or other concessions granted by
the Community to the Arab Republic of Egypt .
 ---pagebreak---                                    - ? -                 I/V73-E
The safeguard measures shall be communicated to the Member States «nfj
shall be immediately applicable .    'Where such a request is made to the
Commission by a Member State , the Commission shall take its B ecision
within three working days following receipt of the request .
2.    Any Member State may refer the Commission 's Decision to the
Council within ten working days following notification thereof .      The
Council 6hall meet forthwith.     It may by a qualified majority amend
or rescind the Decision in question .
                                Article 2
1*    Without prejudice to Article 1 the Commission may authorize a.
Member State to deal with such disturbances or difficulties as are
referred to in Article 12 of the Agreement by taking safeguard
measures .
These measures and the Commission 's Decision shall be notified to all
Member States .
2.    In case of urgency the. Member State or States concerned may
introduce quantitative import restrictions .      They shall immediately .
notify these measures to the Commission and to the other Member
States .
The Commission, shall decide , by an emergency procedure and within a
maximum period of five working day of the notification referred to in
the first subparagraph , whether the measures are to be retained ,
modified or abolished .
All the Member States shall be notified of the Commission 's Decision ,
which shall be immediately enforceable .
 ---pagebreak---                                   - 3 -                   I/V73-E
3.     Any Member State may refer the Commission 's Decision to the
Council within a maximum period of ten working days of notification of
the Decision .   The Council shall meet forthwith .   It may by a
qualified majority amend or rescind the Decision taken by the
Commission .
If the Member State which took measures in pursuance of paragraph 2
refers the matter to the Council , the Decision of the Commission shall
be suspended .   The suspension shall and thirty days after the matter
has been referred to the Council if by that time the latter has not
amended or rescinded the Decision of the Commission .
       For the purpose of implementing this Article , priority must be
given in the selection of measures to those which least disturb the
functioning of the common market .
                               Article 3
1.     Before deciding to apply safeguard measures under Article 1(1 ),
before authorizing a Member State to take such measures or before
taking its Decision concerning the measures taken in implementation
of Article 2(l ) and ( 2) by the Member State concerned ^ the Commission
shall hold consultations .
2*     These consultations shall take plao-e within an advisory committee,
composed of representatives of each Member State and presided over by
a representative of the Commission .
3.     The Committee shall meet when convened by its chairman .    The
latter shall forward to the Member States , within the shortest possible
time , any appropriate information .
 ---pagebreak---                                    - k -               1/4/73-E
                                 Article ^
The provisions of Articles 1 and 2 shall not affect implementation of
the safeguard clauses provided for in the Treaty , in particular in
Articles 108 and 109 thereof , in accordance with the procedures
therein provided for .
                                 Article 5
This Regulation shall in no way debar full application of the
Regulations on the common organization of agricultural markets .
Article 2 shall not apply to products covered by those Regulations .
                                 Article 6
Notification to the Joint Committee by the Community as required by
Article 12(2) of the Agreement shall be effected by the Commission.
                                                         ι
                                 Article 7
The provisions of Article 2(2) and (3 ) shall apply until
31 December 197**«
Until that date , 'the Council , acting by a qualified majority, on a
proposal from the Commission-, shall decide upon any amendments to be
made thereto .                                '
This Regulation shall be binding in its entirety and directly
applicable in al-1 'Member States * ■"
       i»
Done at Brussels ,               19–.
                                           For the Council
                                           The President
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