CELEX: 51994PC0680(01)
Language: en
Date: 1994-12-16
Title: Proposal for a COUNCIL REGULATION (EC) on certain procedures for applying the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                        COM(94) 680 final
                                                                        Brussels, 16.12.1994
                                                                        94/0330 (ACC) 94/0331 (ACC)
                                        Proposal for a                         94 /0330 (ACC)
                                 COUNCIL REGULATION (EC)
   on certain procedures for applying the Europe Agreement establishing an association between the
                     European Communities and their Member States, of the one part,
                                  and the Czech Republic, of the other part
                                         Proposal for a
                                 COUNCIL REGULATION (EC)                        94/0331 (ACC)
    on certain procedures for applying the Europe Agreement establishing an association between the
                     European Communities and their Member States, of the one part,
                                  and the Slovak Republic, of the other part
                                   (presented by the Commission)
                              COMMUNICATION FROM THE COMMISSION
     Request for Council assent and consultation of the ECSC committee,
         pursuant to Article 95 of the ECSC Treaty, concerning a draft
                                          COMMISSION DECISION
      on certain procedures for applying the Europe Agreement establishing an association between the
                       European Communities and their Member States, of the one part,
                                    and the Czech Republic, of the other part
                                          COMMISSION DECISION
        on certain procedures for applying the Europe Agreement establishing an association between the
                        European Communities and their Member States, of the one part,
                                      and the Slovak Republic, of the other part
                                          COMMISSION DECISION
     on certain procedures for applying the Agreement on free trade and trade-related matters between the
       European Community, the European Atomic Energy Community and the European Coal and Steel
                    Community of the one part, and the Republic of Estonia, of the other part,
                                          COMMISSION DECISION
    on certain procedures for applying the Agreement on free trade and trade-related matters between the
      European Community, the European Atomic Energy Community and the European Coal and Steel
                    Community of the one part, and the Republic of Latvia, of the other part,
                                          COMMISSION DECISION
  on certain procedures for applying the Agreement on free trade and trade-related matters between the
   European Community, the European Atomic Energy Community and the European Coal and Steel
               Community of the one part, and the Republic of Lithuania, of the other part,
                                          COMMISSION DECISION
                             on certain procedures for applying the Europe Agreement
                          establishing an association between the European Communities
                                      and their Member States, of the one part,
                                   and die Republic of Bulgaria, of the other part
                                          COMMISSION DECISION
                            on certain procedures for applying the Europe Agreement
                         establishing an association between the European Communities
                                    and their Member States, of the one part,
                                         and Romania, of the other part
 ---pagebreak---  ---pagebreak---                           EXPLANATORY MEMORANDUM
Europe Agreements between the European Communities and their Member States
and the Czech and Slovak Republics respectively.
- Proposal for EC Regulations introducing the modalities for the application of certain
   safeguard- and trade protection measures contained in the Europe Agreements.
- Request for unanimous assent to the proposed Commission Decisions on ECSC aspects
The Community and its Member States signed on December 16, 1991 the Europe
Agreement with the Czech and Slovak Federal Republic (CSFR). To allow its trade
provisions to enter into force as soon as possible, the parties signed an Interim Agreement
on trade and trade related matters on the same day. This Agreement entered into force on
March 1, 1992. To implement certain safeguard measures and measures of trade
protection provided for in the Interim Agreement the Council has adopted EEC
Regulation n° 520/921. With regard to the ECSC aspects, the Commission Decision N°
524/922 provided for the implementing measures of the Interim Agreement.
In view of the dissolution of the CSFR as of 1 January 1993 the Czech and the Slovak
Republics respectively and the European Communities signed on December 21, 1993 a
Supplementary Protocol to the Interim Agreement between the EC and the CSFR by
which the Parties agree to continue to apply the Interim Agreement with regard to the
Czech and the Slovak Republics respectively as of 1/1/93, with certain modifications to
tariff quotas and ceilings.
Also in view of the dissolution of the CSFR as of 1 January 1993 the European
Communities and its Member States had to negotiate separate Europe Agreements with
the Czech and the Slovak Republics to replace the Europe Agreement signed with the
CSFR on 16 December 1991. These Agreements were signed on October 4, 1993.
4.        The modalities of application of the provisions of the Europe Agreements
concerning certain safeguard- and of trade protection measures must be laid down by
similar regulations as those applied for such measures in the Interim Agreement. The
annexed proposals submitted to the Council aim at establishing these modalities.
With a view to the anticipated entry into force of the two Europe Agreements with the
Czech and the Slovak Republics by no later than 1 February 1995, the Commission
requests the Council as a matter of urgency to :
- adopt the proposed Regulations
- give its unanimous assent to the draft Commission Decisions on ECSC aspects (the
    ECSC Committee is being simultaneously consulted and is expected to give an answer
    on 16 December 1994).
 ' O I L 56/29.02.93 p. 9
2
  OJNrL56/41,29.02.92
 ---pagebreak---      94/0330       (ACC)           COUNCIL REGULATION (EC) N°
                                                    of
                                                                                                   o
     on certain procedures for applying the Europe Agreement establishing an association between the
                        European Communities and their Member States, of the one part,
                                  and the Czech Republic, of the other part
THE COUNCIL OF THE EUROPEAN
UNION,
Having regard to the Treaty establishing the              Whereas it is necessary to lay          down the
European Community, and in particular Article             procedures for applying various provisions of
113 thereof,                                              the Europe Agreement, incorporating the same
                                                          provisions as those of regulation (EEC) N°
Having regard        to   the proposal  from   the        520/92;
Commission,
                                                          Whereas, with regard to trade protection
Whereas a Europe Agreement establishing an                measures, it is appropriate, where the provisions
association between the European Communities              of the Europe Agreement render it necessary, to
and their member States, of the one part, and             lay down specific provisions concerning the
the Czech and Slovak Federal Republic (CSFR),             general rules provided for in particular in
of the other part, was signed in Brussels on 16           Council Regulation (EC) N° 518/94 of 7 March
December 1991;                                             1994 on common rules for imports 3 and in
                                                          Council Regulation (EEC) n" 2423/88 of II
Whereas pending the entry into force of the               July 1988 on protection against dumped or
Europe Agreement, its provisions on trade and             subsidized imports from countries not members
trade-ielated matters have been given effect              oft he European Economic Community 4 ;
since 1 March 1992 by an Interim Agreement
on trade and trade-related matters between the            Whereas account should be taken of the
European Economic Community and the                       undertakings set out in the Europe Agreement
European Coal and Steel Community, of the                 when examining whether a safeguard measure
one part, and the CSFR, of the other part 1,              should be introduced;
signed in Brussels on 16 December 1991;
                                                          Whereas the procedures concerning safeguard
Whereas Council Regulation (EEC) N°                       clauses provided for in the Treaty establishing
520/92 2 , provides for the implementation of the         the European Community are also applicable;
said Interim Agreement;
                                                          Whereas specific provisions have been adopted
Whereas a separate Europe Agreement with the              for safeguard measures concerning the textile
Czech Republic was signed in Luxembourg on                products covered by the additional Protocol to
4 October 1993, as a consequence of the                   the Europe Agreement;
dissolution of the CSFR on 31 December 1992;
                                                          Whereas certain special procedures shouid be
Whereas puisuant to the conclusions of the                 introduced for the application of safeguard
Copenhagen European Council on 21 and 22                   measures in the agricultural sectors;
 June 1993 the Interim Agreement was amended
 by an Additional Protocol signed on 22
 December 1993 in order to increase and                    HAS ADOPTED THIS REGULATION
 accelerate the granting of certain Community
 concessions;                                                                      TITLE I
 Whereas a Supplementary Protocol to the                                    Agricultural products
 Interim Agreement was signed with the Czech
 Republic on 21 December 1993 in order to
 adapt this Agreement to the dissolution of the
 CSFR and the subsequent succession thereto by
 the Czech Republic;
                                                           3
                                                             O J N ° L 6 7 , 10.03.94
                                                           4
                                                             OJ N° L 209, 2.8.1988, p I, Regulation last
  »OJn°L 115,30.04.1992                                    amended by Regulation (EC) N° 522/94 (OJ N°
 2
   O J n ° L 56, 29.2.1992                                 L66, 10.03.94 p 10).
 ---pagebreak---                                                                                                Y
                                                        down in that Regulation. Measures shall be
                     Article 1                          taken only under the conditions set out in
                                                        Article 64 (6) of the Agreement.
Provisions for the application of Article 21 (2)
and (4) of the Agreement concerning                2. In the case of a practice that may cause
agricultural products falling within Annex II of        measures to be applied to the Community
the Treaty and subject in the framework of the          by the Czech Republic on the basis of
common market organization to a regime of               Article 64 of the Agreement, the
levies or of import duties and concerning               Commission, after examining the case,
products falling within CN                              shall decide whether the practice is
codes 0711 90 50 and 2003 10 10 shall be                compatible with the principles set out in the
adopted in accordance with the procedure                Agreement. Where necessary, it shall take
provided for in art. 23 of Regulation (EEC)             appropriate decisions on the basis of the
1766/92 or in the corresponding provisions of           criteria which result from the application of
other regulations establishing a common                 Articles 85, 86 and 92 of the Treaty.
organization of the agricultural markets. Where
the application of the Agreement calls for close                        Article 4
cooperation with the Czech Republic, the
Commission may take any measure necessary to       In the case of a practice which is liable to
ensure such cooperation.                           warrant the application, by the Community, of
                                                   the measures provided for in Article 30 of the
                                                   Agreement, the introduction of anti-dumping
                                                   measures shall be decided upon in accordance
                     TITLE II                      with the provisions laid down in Regulation
                                                   (EEC) N° 2423/88 and the procedures provided
                Protective measures                for in Article 34 (2) and (3) (b) or (d) of the
                                                   Agreement.
                     Article 2
                                                                        Article 5
The Council may, in accordance with the
procedures provided for in Article 113 of the       1. Where a Member State requests the
Treaty, decide to refer to the Association              Commission to apply safeguard measures
 Council established by the Agreement with              as provided for in Articles 31 or 32 of the
 regard to the measures provided for in Articles        Agreement,       it   shall   provide     the
 29 and 117(2) of the Agreement. Where                  Commission, in support of its request, with
 necessary, the Council shall adopt these               the information needed to justify it.
 measures in accordance with the same
 procedure.                                            If the Commission decides not to apply
                                                       safeguard measures, it shall inform the
 The Commission may, on its own initiative or at       Council and the Member States accordingly
the request of a Member State, present the             within five working days of receipt of the
 necessary proposals to this end.                      request from the Member State.
                                                       Any Member State may refer this decision
                      Article 3                        of the Commission to the Council within ten
                                                       working days of its notification.
  1. In the case of a practice that may justify
      application by the Community of the              If the Council, acting by a qualified
      measures provided for in Article 64 of the       majority, indicates its intention to adopt a
      Agreement,      the    Commission,     after     different decision, the Commission shall
     examining the case, on its own initiative or      inform the Czech Republic thereof forthwith
      at the request of a Member State, shall          and shall notify it of the opening of
      decide whether such practice is compatible       consultations within the Association Council
      with the Agreement. Where necessary, it          as provided for in Article 34 (2) and (3) of
      shall propose the adoption of safeguard          the Agreement.
      measures to the Council, which shall act in
      accordance with the procedure laid down in       The Council, acting by a qualified majority,
      Article 113 of the Treaty, except in the         may take a different decision within twenty
      cases of aid to which Regulation (EEC) N°        working days of the conclusion of the
      2423/88 applies, when measures shall be          consultations with the Czech Republic
      taken according to the procedures laid            within the Association Council.
 ---pagebreak---                                                                                                  vT
2. The Commission shall be assisted by the         7. If the Commission has not taken a decision
    Committee established by Regulation N.              within the meaning of the second
    3491/93 5 .                                         subparagraph of paragraph 4 within ten
                                                        working days of the end of the
    The Committee shall meet when convened              consultations with the Association Council
    by its chairman.           The latter shall         or, as the case may be, the end of the period
    communicate any appropriate information to          of thirty days referred to in that paragraph,
    the member States at the earliest                   any Member State which has referred the
    opportunity.                                        matter to the Commission in accordance
                                                        with paragraph 3 may refer it to the
3.   Where the Commission, on its own                   Council.
     initiative or at the request of a Member
     State, decides that the safeguard measures    8. In the cases referred to in paragraphs 6 and
     provided for in Articles 31 or 32 of the           7 the Council, acting by a qualified
     Agreement should be applied :                      majority, may adopt a different decision
    - it shall inform the Member States forthwith       within two months.
    if acting on its own initiative or, if it is
    responding to a Member State's request,                             Article 6
    within five working days of the date of
    receipt of that request,                       1. Where exceptional circumstances arise
    - it shall consult the Committee,                   within the meaning of Article 34 (3) (d) of
    - at the same time it shall inform the Czech        the Agreement, the Commission may take
    Republic and notify the Association Council         immediate safeguard measures in the cases
    of the opening of consultations as referred to      referred to in Articles 31 and 32 of the
    in Article 34 (2) and (3) of the Agreement,         Agreement.
    - at the same time it shall provide the
    Association Council with all the information   2.   If the Commission receives a request from
    necessary for these consultations.                  a Member State, it shall take a decision
                                                        thereon within five working days of receipt
4.    In any event, the consultations within the        of the request.
      Association Council shall be deemed to be
      completed thirty days after the notification The Commission shall notify the Council and
      referred to in the fourth subparagraph of    the Member States of its decision.
      paragraph 1 and in paragraph 3.
                                                   3.        Any Member State may refer the
At the end of the consultations or on expiry of    Commission's decision to the Council in
the period of thirty days, and if no other         accordance with the procedure provided for in
arrangement proves possible, the Commission,       Article 5 (6).
after consulting the Committee, may take
appropriate measures to implement Articles 31      The procedure set out in Article 5 (7) and (8)
and 32 of the Agreement.                           shall be applicable.
                                                   If the Commission has not taken a decisio:
5.    The decision referred to in paragraph 4      within t he time limit mentioned in paragraph 2,
      shall be notified forthwith to the Council,  any Member State which has referred the matter
      the Member States and the Czech Republic;    to the Commission may refer it to the Council
      it shall also be notified to the Association in accordance with the procedures laid down in
      Council.                                     the first and second subparagraphs of this
                                                   paragraph.
The decision shall be immediately applicable.
                                                                        Article 7
      Any Member State may refer the               The procedures laid down in Articles 5 and 6
      Commission decision referred to in           shall not apply to products covered by Protocol
      paragraph 4 to the Council within ten         1 of the Agreement.
      working days of receiving notification of
      the decision.
5
  OJn. L319, 21.12.1993, p. I
 ---pagebreak---                      Article 8
                                                                                                  e
By way of derogation from Articles 5 and 6, if
the circumstances demand that measures are
taken concerning agricultural products on the
basis of Articles 22 or 31 of the Agreement or
on the basis of provisions in the Annexes
covering these products, such measures shall be
taken according to procedures provided for by
the rules establishing a common organization of
the agricultural markets, or in specific
provisions adopted under Article 235 of the
Treaty and applicable to products resulting from
the processing of agricultural products, provided
that the conditions established under Article 22
or Article 34 (2) and (3) of the Agreement are
met.
                     Article 9
Notification to the Association Council as
required by the Agreement shall be the
responsibility of the Commission, acting on
behalf of the Community.
                    Article 10
This Regulation does not preclude the
application of safeguard measures provided for
in the Treaty, in particular in Articles 108 and
 109, according to the procedures laid down
therein.
                     Article J J
This Regulation shall enter into force on the day
following that of its publication in the Official
Journal of the European Communities.
It shall apply from the date of entry into force
of the Agreement6.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels
                                                                                  For the Council
                                                                                  The President
6
  not later than 1 February 1995
 ---pagebreak---                                                                                                               %
                                  COUNCIL REGULATION (EC) N°                              9 4 / 0 3 3 1 (ACC)
                                                    of
     on certain procedures for applying the Europe Agreement establishing an association between the
                     European Communities and their Member States, of the one part,
                                 and the Slovak Republic, of the other part
THE COUNCIL OF THE EUROPEAN
UNION,                                                   Whereas it is necessary to lay down the
Having regard to the Treaty establishing the             procedures for applying various provisions of
European Community, and in particular Article            the Europe Agreement, incorporating the same
113 thereof,                                             provisions as those of regulation (EEC) N°
                                                         520/92;
Having regard to the proposal from the
Commission,                                              Whereas, with regard to trade protection
                                                         measures, it is appropriate, where the provisions
Whereas a Europe Agreement establishing an               of the Europe Agreement render it necessary, to
association between the European Communities              lay down specific provisions concerning the
and their member States, of the one part, and            general rules provided for in particular in
the Czech and Slovak Federal Republic (CSFR),            Council Regulation (EC) N° 518/94 of 7 March
of the other part, was signed in Brussels on 16            1994 on common rules for imports3 and in
December 1991;                                            Council Regulation (EEC) n° 2423/88 of II
                                                          July 1988 on protection against dumped or
Whereas pending the entry into force of the               subsidized imports from countries not members
Europe Agreement, its provisions on trade and             oft he European Economic Community4;
trade-related matters have been given effect
since 1 March 1992 by an Interim Agreement                Whereas account should be taken of the
on trade and trade-related matters between the            undertakings set out in the Europe Agreement
European Economic Community and the                       when examining whether a safeguard measure
European Coal and Steel Community, of the                 should be introduced;
one part, and the CSFR, of the other part ',
signed in Brussels on 16 December 1991;                   Whereas the procedures concerning safeguard
                                                          clauses provided for in the Treaty establishing
Whereas Council Regulation (EEC) N°                       the European Community are also applicable;
520/922, provides for the implementation of the
said Interim Agreement;                                   Whereas specific provisions have been adopted
                                                          for safeguard measures concerning the textile
Whereas a separate Europe Agreement with the              products covered by the additional Protocol to
Slovak Republic was signed in Luxembourg on               the Europe Agreement;
4 October 1993, as a consequence of the
dissolution of the CSFR on 31 December 1992;              Whereas certain special procedures should be
                                                          introduced for the application of safeguard
Whereas pursuant to the conclusions of the                measures in the agricultural sectors;
Copenhagen Council on 21 and 22 June 1993
the Interim Agreement was amended by an
 Additional Protocol signed on 22 December                HAS ADOPTED THIS REGULATION
 1993 in order to increase and accelerate the
 granting of certain Community concessions;                                    TITLE I
 Whereas a Supplementary Protocol to the                                Agricultural products
 Interim Agreement was signed with the Slovak
 Republic on 21 December 1993 in order to
 adapt this Agreement to the dissolution of the
 CSFR and the subsequent succession thereto by
 the Slovak Republic;
                                                           3
                                                             OJN°L67, 10.03.94
                                                           4
                                                             OJ N° L 209, 2.8.1988, p 1, Regulation last
  'OJn°L 115,30.04.1992                                    amended by Regulation (EC) N° 522/94 (OJ Nc
 2
   OJn°L 56, 29.2.1992                                     L66, 10.03.94 p 10).
 ---pagebreak---                                                                                                       8
                                                        down in that Regulation. Measures shall be
                     Article 1                          taken only under the conditions set out in
                                                        Article 64 (6) of the Agreement.
Provisions for the application of Article 21 (2)
and (4) of the Agreement concerning                2.   In the case of a practice that may cause
agricultural products falling within Annex II of        measures to be applied to the Community
the Treaty and subject in the framework of the          by the Slovak Republic on the basis of
common market organization to a regime of               Article 64 of the Agreement, the
levies or of import duties and concerning               Commission, after examining the case,
products falling within CN                              shall decide whether the practice is
codes 0711 90 50 and 2003 10 10 shall be                compatible with the principles set out in the
adopted in accordance with the procedure                Agreement. Where necessary, it shall take
provided for in art. 23 of Regulation (EEC)             appropriate decisions on the basis of the
1766/92 or in the corresponding provisions of           criteria which result from the application of
other regulations establishing a common                 Articles 85, 86 and 92 of the Treaty.
organization of the agricultural markets. Where
the application of the Agreement calls for close                        Article 4
cooperation with the Slovak Republic, the
Commission may take any measure necessary to       In the case of a practice which is liable to
ensure such cooperation.                           warrant the application, by the Community, of
                                                   the measures provided for in Article 30 of the
                                                   Agreement, the introduction of anti-dumping
                                                   measures shall be decided upon in accordance
                     TITLE II                      with the provisions laid down in Regulation
                                                   (EEC) N° 2423/88 and the procedures provided
               Protective measures                 for in Article 34 (2) and (3) (b) or (d) of the
                                                   Agreement.
                     Article 2
                                                                        Article 5
The Council may, in accordance with the
procedures provided for in Article 113 of the       1. Where a Member State requests the
Treaty, decide to refer to the Association              Commission to apply safeguard measures
 Council established by the Agreement with              as provided for in Articles 31 or 32 of the
 regard to the measures provided for in Articles        Agreement,       it   shall   provide     the
 29 and 117(2) of the Agreement. Where                  Commission, in support of its request, with
 necessary, the Council shall adopt these               the information needed to justify it.
 measures in accordance with the same
procedure.                                             If the Commission decides not to apply
                                                       safeguard measures, it shall inform the
The Commission may, on its own initiative or at        Council and the Member States accordingly
 the request of a Member State, present the            within five working days of receipt of the
 necessary proposals to this end.                      request from the Member State.
                                                       Any Member State may refer this decision
                      Article 3                        of the Commission to the Council within ten
                                                       working days of its notification.
  1. In the case of a practice that may justify
     application by the Community of the               If the Council, acting by a qualified
      measures provided for in Article 64 of the       majority, indicates its intention to adopt a
     Agreement,       the    Commission,     after     different decision, the Commission shall
     examining the case, on its own initiative or      inform the Slovak Republic thereof
      at the request of a Member State, shall          forthwith and shall notify it of the opening
      decide whether such practice is compatible       of consultations within the Association
      with the Agreement. Where necessary, it          Council as provided for in Article 34 (2) and
      shall propose the adoption of safeguard          (3) of the Agreement.
      measures to the Council, which shall act in
      accordance with the procedure laid down in       The Council, acting by a qualified majority,
      Article 113 of the Treaty, except in the          may take a different decision within twenty
      cases of aid to which Regulation (EEC) N°         working days of the conclusion of the
      2423/88 applies, when measures shall be          consultations with the Slovak Republic
      taken according to the procedures laid            within the Association Council.
 ---pagebreak---                                                                                                       3
2. The Commission shall be assisted by the         7. If the Commission has not taken a decision
    Committee established by Regulation N.              within the meaning of the second
    3491/93 5 .                                         subparagraph of paragraph 4 within ten
                                                        working days of the end of the
    The Committee shall meet when convened              consultations with the Association Council
    by its chairman.           The latter shall         or, as the case may be, the end of the period
    communicate any appropriate information to          of thirty days referred to in that paragraph,
    the member States at the earliest                   any Member State which has referred the
    opportunity.                                        matter to the Commission in accordance
                                                        with paragraph 3 may refer it to the
3.   Where the Commission, on its own                   Council.
     initiative or at the request of a Member
     State, decides that the safeguard measures    8. In the cases referred to in paragraphs 6 and
     provided for in Articles 31 or 32 of the           7 the Council, acting by a qualified
     Agreement should be applied :                      majority, may adopt a different decision
    - it shall inform the Member States forthwith       within two months.
    if acting on its own initiative or, if it is
    responding to a Member State's request,                             Article 6
    within five working days of the date of
    receipt of that request,                       1. Where exceptional circumstances arise
    - it shall consult the Committee,                   within the meaning of Article 34 (3) (d) of
    - at the same time it shall inform the Slovak       the Agreement, the Commission may take
    Republic and notify the Association Council         immediate safeguard measures in the cases
    of the opening of consultations as referred to      referred to in Articles 31 and 32 of the
    in Article 34 (2) and (3) of the Agreement,         Agreement.
    - at the same time it shall provide the
    Association Council with all the information   2.   If the Commission receives a request from
    necessary for these consultations.                  a Member State, it shall take a decision
                                                        thereon within five working days of receipt
4.    In any event, the consultations within the        of the request.
      Association Council shall be deemed to be
      completed thirty days after the notification The Commission shall notify the Council and
      referred to in the fourth subparagraph of    the Member States of its decision.
      paragraph 1 and in paragraph 3.
                                                   3.        Any Member State may refer the
At the end of the consultations or on expiry of    Commission's decision to the Council in
the period of thirty days, and if no other         accordance with the procedure provided for in
arrangement proves possible, the Commission,       Article 5 (6).
after consulting the Committee, may take
appropriate measures to implement Articles 31      The procedure set out in Article 5 (7) and (8)
and 32 of the Agreement.                           shall be applicable.
                                                   If the Commission has not taken a decision
5.    The decision referred to in paragraph 4      within t he time limit mentioned in paragraph 2,
      shall be notified forthwith to the Council,  any Member State which has referred the matter
      the Member States and the Slovak             to the Commission may refer it to the Council
      Republic; it shall also be notified to the   in accordance with the procedures laid down in
      Association Council.                         the first and second subparagraphs of this
                                                   paragraph.
The decision shall be immediately applicable.
                                                                         Article 7
 6.   Any Member State may refer the               The procedures laid down in Articles 5 and 6
      Commission decision referred to in            shall not apply to products covered by Protocol
       paragraph 4 to the Council within ten        1 of the Agreement.
       working days of receiving notification of
       the decision.
 5
   OJn.L319, 21.12.1993, p. I
 ---pagebreak---                                                                                                 Ao
                     Article 8
By way of derogation from Articles 5 and 6, if
the circumstances demand that measures are
taken concerning agricultural products on the
basis of Articles 22 or 31 of the Agreement or
on the basis of provisions in the Annexes
covering these products, such measures shall be
taken according to procedures provided for by
the rules establishing a common organization of
the agricultural markets, or in specific
provisions adopted under Article 235 of the
Treaty and applicable to products resulting from
the processing of agricultural products, provided
that the conditions established under Article 22
or Article 34 (2) and (3) of the Agreement are
met.
                     Article 9
Notification to the Association Council as
required by the Agreement shall be the
responsibility of the Commission, acting on
behalf of the Community.
                     Article 10
This Regulation does not preclude the
application of safeguard measures provided for
in the Treaty, in particular in Articles 108 and
 109, according to the procedures laid down
therein.
                     Article 11
This Regulation shall enter into force on the day
following that of its publication in the Official
Journal of the European Communities.
It shall apply from the date of entry into force
of the Agreement6.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels
                                                                                  For the Council
                                                                                  The President
6
  not later than 1 February 1995
 ---pagebreak---                                                                                                 1S\
                                  COMMISSION DECISION N° .../ECSC
                                                    of
     on certain procedures for applying the Europe Agreement establishing an association between the
                     European Communities and their Member States, of the one part,
                                 and the Czech Republic, of the other part
. THE COMMISSION OF THE EUROPEAN f
    COMMUNITIES.                                         adapt the Agreement to the dissolution of the
Having regard to the Treaty establishing the             CSFR and the subsequent succession thereto by
European Coal and Steel Community, and in                the Czech Republic;
particular Article 74 and the first sub-paragraph
article 95 thereof,
                                                         Whereas it is necessary to lay down the
Whereas a Europe Agreement establishing an               procedures for applying various provisions of
association between the European Communities             the Europe Agreement and in particular those
and their member States, of the one part, and            contained in Protocol 2 on ECSC products by
the Czech and Slovak Federal Republic (CSFR),            adopting provisions similar to those provided
of the other part, was signed in Brussels on 16          for in Decision n° 524/92;
December 1991;
                                                         Whereas account should be taken of the
Whereas pending the entry into force of the              undertakings set out in the Europe Agreement
Europe Agreement, its provisions on trade and            when examining whether a safeguard measure
trade-related matters have been given effect             should be introduced;
since l March 1992 by an Interim Agreement
on trade and trade-related matters between the           Whereas certain measures provided for in the
European Economic Community and the                      Agreement go beyond the power of action
European Coal and Steel Community, of the                provided for in the Treaty and it is therefore
one part, and the CSFR, of the other part ',             necessary in this case to refer to the provisions
 signed in Brussels on 16 December 1991;                 of article 95 after consultation with the
                                                         consultative Committee and with the unanimous
Whereas pursuant to the conclusions of the               assent of the Council;
 Copenhagen European Council on 21 and 22
 June 1993 regarding new trade concessions for           HAS ADOPTED THIS DECISION
 the Central and Eastern European countries, an
 Additional Protocol to the Interim Agreement                                 TITLE I
 was signed on 28 December 1993 by the
 European Economic Community and the                                         Article 1
 European Coal and Steel Community of the one
 part, and the Czech Republic, of the other part2.       The Commission may, with the assent of the
                                                          Council, decide to refer to the Association
 Whereas        Commission        Decision      n°        Council established by the Agreement with
 524/92/ECSC3 lays down certain procedures for            regard to the measures provided for in Articles
 the implementation of the provisions contained           29 and 115 (2) of the Agreement. Where
 in Protocol 2 of the Interim Agreement on                necessary, the Commission shall adopt these
 ECSC products;                                           measures in accordance with the same
                                                          procedure.
 Whereas a separate Europe Agreement with the
 Czech Republic was signed in Luxembourg on               The Commission may take the decisions to this
 4 October 1993, as a consequence of the                  end on its own initiative or at the request of a
 dissolution of the CSFR on 31 December 1992;             Member State.
 Whereas a Supplementary Protocol to the
 Interim Agreement was signed with the Czech
 Republic on 21 December 1993 in order to
  'OJn 0 L I 15, 30.04.1992
 2
    OJn°L25/l 2, 29.01.1994
  3
    OJn°L 56/41, 29.02.1992
 ---pagebreak---                                                        receipt of the request from the Member
                                                                                                   u
                                                       State.
                      Article 2
                                                       Member States shall provide the
1. In the case of a practice that may justify          Commission with the information needed to
    application by the Community of the                justify their requests to apply safeguard
    measures provided for in Article 8 of               measures.
    Protocol 2 to the Agreement, the
    Commission, after examining the case on            Any member State may refer the decisions
    its own initiative or at the request of a          of the Commission to the Council within 10
    Member State, shall decide whether such             working days of its notification.
    practice is compatible with the Agreement.
    Where necessary, the Commission shall,              If the Council, acting by the qualified
    with the assent of the Council, adopt               majority referred to in Article 28 (4) of the
    safeguard measures, except in the case of           Treaty, indicates its intention to request a
    public aids to which Decision n°                    different decision, the Commission shall
    2424/88/ECSC applies, when measures                 inform the Czech Republic thereof
    shall be taken according to the procedures          forthwith and shall notify it of the opening
    laid down in that Decision.                         of the consultations within the Association
                                                        Council as provided for in Article 34 (2)
    Such measures shall be taken under the              and (3) of the Agreement.
    conditions provided for in Article 8 of
    Protocol 2 to the Agreement.                        The Council acting by a qualified majority,
                                                        may ask the Commission within one month
2.   In the case of a practice that may cause           of the conclusion of the consultations, with
     safeguard measures to be applied to the            the Czech Republic within the Association
     Community by the Czech Republic on the             Council, to adopt safeguard measures.
     basis of Article 8 of Protocol 2 to the
     Agreement,        the Commission,       after 2. Where the Commission, at the request of a
     examining the case, shall decide whether            Member State or on its own initiative,
     the practice is compatible with the                 decides that the safeguard measures
     principles set out in the Agreement. Where          provided for in Article 31 or 32 of the
     necessary, it shall take appropriate                Agreement should be applied :
     decisions on the basis of the criteria laid         - it shall inform the Member States for
     down in Articles 65 and 66 of the ECSC              thwith if acting on its own initiative or, if it
     Treaty and Article 85 of the Treaty                 is responding to a Member State's request,
     establishing the European Community, and            within five working days of the date of
     of the rules applicable to State aids,              receipt of that request,
      including secondary legislation.                   - it shall consult the committee mentioned
                                                         in Article 4 (2) of Commission Decision n°
                       Article 3                         264/94/ECSC (hereinafter referred to as
                                                         "the committee"),
 1. In the case of a practice which is liable to         - at the same time it shall inform the Czech
      warrant the application, by the Community,         Republic and notify the Association
      of the measures provided for in Article 30         Council of the opening of consultations as
      of the Agreement, the introduction of anti-        referred to in Article 34 (2) and (3) of the
      dumping measures shall be decided upon in           Agreement,
      accordance with the provisions laid down in         - at the same time it shall provide the
      Decision n° 2424/88/ECSC and the                    Association     Council     with     all    the
      procedure provided for in Article 34 (2) and        information      necessary       for     these
      (3) (b) or (d) of the Agreement.                    consultations.
                        Article 4                   3.    In any event, the consultations within the
                                                          Association Council shall be deemed to be
 1. Where a Member State requests the                     completed 30 days after the notification
       Commission to apply safeguard measures             referred to in the fourth subparagraph of
       as provided for in Article 31 or 32 of the         paragraph 1 and paragraph 2.
       Agreement, and if the Commission decides
       not to apply them, the Commission shall
       inform the Council and the Member States
       accordingly within five working days of
 ---pagebreak---                                                                                                     1J
     At the end of the consultations or on expiry        accordance with the procedure provided for
     of the period of 30 days, and if no other           in Article 4 (5).
     arrangement       proves     possible,     the
     Commission,        after    consulting     the The procedure set out in Article 4 (5) to (7),
     committee, may take appropriate measures       shall be applicable.
     to implement Articles 31 and 32 of the
     Agreement.                                     If the Commission has not taken a decision
                                                    within the time limit mentioned in paragraph 2,
4.   The decision referred to in paragraph 3        any Member State which has referred the matter
     shall be notified forthwith to the Council,    to the Commission may refer it to the Council
     the Member States and the Czech Republic;      in accordance with the procedure laid down in
     it shall also be notified to the Association   the preceding subparagraphs.
     Council.
                                                                          Article 6
It shall be immediately applicable.
                                                    Notification to the Association Council by the
                                                    Community as required by the Agreement shall
     Any Member State may refer the                 be the responsibility of the Commission.
     Commission decision referred to in
     paragraph 3 to the Council within 10                                  Article 7
     working days of receiving notification of
     the decision.                                  This Decision shall enter into force on the same
                                                    day as the Europe Agreement.
     If the Commission has not taken a decision
     within the meaning of the second
     subparagraph of paragraph 3 within 10          This Regulation shall be binding in its entirety and directly
      working days of the end of the                 applicable in all Member States.
      consultations with the Association Council
      or, as the case may be, the end of the period
      of 30 days, any Member State which has         Done at Brussels
      referred the matter to the Commission in
      accordance with paragraph 2 may refer it to
      the Council.                                                                For the Council
                                                                                  The President
      In the cases referred to in paragraph 5 the
      Council, acting by a qualified majority,
      may, within one month, ask the
      Commission to adopt different safeguard
      measures, and in the cases mentioned in
      paragraph 6, ask the Commission to take
      measures.
                       Article 5
      Where exceptional circumstances arise
      within the meaning of Article 34 (3) (d) of
      the Agreement, the Commission may take
      immediate safeguard measures in the cases
      referred to in Articles 31 and 32 of the
      Agreement.
      If the Commission receives a request from
       a Member State it shall take a decision
       thereon within five working days of receipt
       of the request.
       The Commission shall notify the Council
       and the Member States of its decision.
 3.    Any Member State may refer the
       Commission's decision t o the Council in
 ---pagebreak---                                                                                                        .y\ y
                                  COMMISSION DECISION N° .../ECSC
                                                    of
     on certain procedures for applying the Europe Agreement establishing an association between the
                     European Communities and their Member States, of the one part,
                                 and the Slovak Republic, of the other part
   THE COMMISSION OF THE EUROPEAN
   COMMUNITIES,
Having regard to the Treaty establishing the             adapt the Agreement to the dissolution of the
European Coal and Steel Community, and in                CSFR and the subsequent succession thereto by
particular Article 74 and the first sub-paragraph        the Slovak Republic;
article 95 thereof,
Whereas a Europe Agreement establishing an               Whereas it is necessary to lay down the
association between the European Communities             procedures for applying various provisions of
and their member States, of the one part, and             the Europe Agreement and in particular those
the Czech and Slovak Federal Republic (CSFR),            contained in Protocol 2 on ECSC products by
of the other part, was signed in Brussels on 16           adopting provisions similar to those provided
December 1991;                                            for in Decision n° 524/92;
Whereas pending the entry into force of the               Whereas account should be taken of the
Europe Agreement, its provisions on trade and             undertakings set out in the Europe Agreement
trade-related matters have been given effect              when examining whether a safeguard measure
since 1 March 1992 by an Interim Agreement                should be introduced;
on trade and trade-related matters between the
European Economic Community and the                       Whereas certain measures provided for in the
European Coal and Steel Community, of the                 Agreement go beyond the power of action
one part, and the CSFR, of the other part l,              provided for in the Treaty and it is therefore
signed in Brussels on 16 December 1991;                   necessary in this case to refer to the provisions
                                                          of article 95 after consultation with the
Whereas pursuant to the conclusions of the                consultative Committee and with the unanimous
Copenhagen European Council on 21 and 22                  assent of the Council;
June 1993 regarding new trade concessions for
the Central and Eastern European countries, an            HAS ADOPTED THIS DECISION
Additional Protocol to the Interim Agreement
was signed on 28 December 1993 by the                                         TITLE I
European Economic Community and the
European Coal and Steel Community of the one                                  Article 1
part, and the Slovak Republic, of the other
part2.                                                    The Commission may, with the assent of the
                                                          Council, decide to refer to the Association
 Whereas        Commission        Decision      n°         Council established by the Agreement with
 524/92/ECSC3 lays down certain procedures for             regard to the measures provided for in Articles
 the implementation of the provisions contained            29 and 115 (2) of the Agreement. Where
 in Protocol 2 of the Interim Agreement on                 necessary, the Commission shall adopt these
 ECSC products;                                            measures in accordance with the same
                                                           procedure.
 Whereas a separate Europe Agreement with the
 Slovak Republic was signed in Luxembourg on               The Commission may take the decisions to this
 4 October 1993, as a consequence of the                   end on its own initiative or at the request of a
 dissolution of the CSFR on 31 December 1992;              Member State.
 Whereas a Supplementary Protocol to the
 Interim Agreement was signed with the Slovak
 Republic on 21 December 1993 in order to
  'OJn° L I 15, 30.04.1992
 2
   OJn°L25/l2, 29.01.1994
 3
   OJn°L 56/41, 29.02.1992
 ---pagebreak---                                                                                                   AS
                                                      accordingly within five working days of
                                                      receipt of the request from the Member
                                                      State.
                      Article 2
                                                      Member States shall provide the
1. In the case of a practice that may justify         Commission with the information needed to
    application by the Community of the               justify their requests to apply safeguard
    measures provided for in Article 8 of             measures.
    Protocol 2 to the Agreement, the
    Commission, after examining the case on           Any member State may refer the decisions
    its own initiative or at the request of a         of the Commission to the Council within 10
    Member State, shall decide whether such            working days of its notification.
    practice is compatible with the Agreement.
    Where necessary, the Commission shall              If the Council, acting by the qualified
    with the assent of the Council, adopt              majority referred to in Article 28 (4) of the
    safeguard measures,- except in the case of         Treaty, indicates its intention to request a
    public aids to which Decision n°                   different decision, the Commission shall
    2424/88/ECSC applies, when measures                inform the Slovak Republic thereof
    shall be taken according to the procedures         forthwith and shall notify it of the opening
    laid down in that Decision.                        of the consultations within the Association
                                                       Council as provided for in Article 34 (2)
     Such measures shall be taken under the            and (3) of the Agreement.
    conditions provided for in Article 8 of
    Protocol 2 to the Agreement.                       The Council acting by a qualified majority,
                                                       may ask the Commission within one month
2.   In the case of a practice that may cause          of the conclusion of the consultations, with
     safeguard measures to be applied to the           the Slovak Republic within the Association
     Community by the Slovak Republic on the           Council, to adopt safeguard measures.
     basis of Article 8 of Protocol 2 to the
     Agreement,        the     Commission,   after 2. Where the Commission, at the request of a
     examining the case, shall decide whether          Member State or on its own initiative,
     the practice is compatible with the               decides that the safeguard measures
     principles set out in the Agreement. Where        provided for in Article 31 or 32 of the
     necessary, it shall take appropriate              Agreement should be applied :
     decisions on the basis of the criteria laid        - it shall inform the Member States for
     down in Articles 65 and 66 of the ECSC             thwith if acting on its own initiative or, if it
     Treaty and Article 85 of the Treaty                is responding to a Member State's request,
     establishing the European Community, and           within five working days of the date of
     of the rules applicable to State aids,             receipt of that request,
     including secondary legislation.                   - it shall consult the committee mentioned
                                                        in Article 4 (2) of Commission Decision n°
                       Article 3                        264/94/ECSC (hereinafter referred to as
                                                        "the committee"),
 1. In the case of a practice which is liable to        - at the same time it shall inform the Slovak
      warrant the application, by the Community,        Republic and notify the Association
      of the measures provided for in Article 30        Council of the opening of consultations as
      of the Agreement, the introduction of anti-       referred to in Article 34 (2) and (3) of the
      dumping measures shall be decided upon in         Agreement,
      accordance with the provisions laid down in       - at the same time it shall provide the
      Decision n° 2424/88/ECSC and the                  Association Council          with     all the
      procedure provided for in Article 34 (2) and       information      necessary       for     these
      (3) (b) or (d) of the Agreement.                   consultations.
                        Article 4                  3.    In any event, the consultations within the
                                                         Association Council shall be deemed to be
 1. Where a Member State requests the                    completed 30 days after the notification
      Commission to apply safeguard measures             referred to in the fourth subparagraph of
      as provided for in Article 31 or 32 of the         paragraph 1 and paragraph 2.
      Agreement, and if the Commission decides
      not to apply them, the Commission shall            At the end of the consultations or on expiry
      inform the Council and the Member States           of the period of 30 days, and if no other
 ---pagebreak---                                                                                                ne
     arrangement        proves    possible,    the
     Commission,         after  consulting     the The procedure set out in Article 4 (5) to (7)
     committee, may take appropriate measures      shall be applicable.
     to implement Articles 31 and 32 of the
     Agreement.                                    If the Commission has not taken a decision
                                                   within the time limit mentioned in paragraph 2,
4.   The decision referred to in paragraph 3       any Member State which has referred the matter
     shall be notified forthwith to the Council,   to the Commission may refer it to the Council
     the Member States and the Slovak              in accordance with the procedure laid down in
     Republic; it shall also be notified to the    the preceding subparagraphs.
     Association Council.
                                                                        Article 6
It shall be immediately applicable.
                                                   Notification to the Association Council by the
                                                   Community as required by the Agreement shall
5.   Any Member State may refer the                be the responsibility of the Commission.
     Commission decision referred to in
     paragraph 3 to the Council within 10                               Article 7
     working days of receiving notification of
     the decision.                                 This Decision shall enter into force on the same
                                                   day as the Europe Agreement.
6.   If the Commission has not taken a decision
     within the meaning of the second
     subparagraph of paragraph 3 within 10         This Regulation shall be binding in its entirety and directly
     working days of the end of the                applicable in all Member States.
     consultations with the Association Council
     or, as the case may be, the end of the period
     of 30 days, any Member State which has        Done at Brussels
     referred the matter to the Commission in
     accordance with paragraph 2 may refer it to
     the Council.                                                              For the Council
                                                                               The President
7. In the cases referred to in paragraph 5 the
     Council, acting by a qualified majority,
      may, within one month, ask the
     Commission to adopt different safeguard
      measures, and in the cases mentioned in
      paragraph 6, ask the Commission to take
      measures.
                      Article 5
 1. Where exceptional circumstances arise
      within the meaning of Article 34 (3) (d) of
      the Agreement, the Commission may take
      immediate safeguard measures in the cases
      referred to in Articles 31 and 32 of the
      Agreement.
 2.   If the Commission receives a request from
      a Member State it shall take a decision
      thereon within five working days of receipt
      of the request.
      The Commission shall notify the Council
      and the Member States of its decision.
 3.   Any Member State may refer the
      Commission's decision t o the Council in
      accordance with the procedure provided for
      in Article 4 (5).
 ---pagebreak---                                                                                         n
                           EXPLANATORY MEMORANDUM
The proposed Decisions introduce the modalities for the application, as far as ECSC
products are concerned, of certain safeguard measures and measures of commercial
protection contained in the Agreements on free trade and trade related matters.
The Community signed on July 18, 1994 the Agreements on free trade and trade related
matters with Estonia, Latvia and Lithuania respectively.
The objective of the proposed Decisions is the introduction of specific rules to the
general provisions concerning the Community's import regime (including the provisions
establishing protection against subsidies and dumping practices in relation to imports
from third countries) in order to respect the obligations undertaken in the Free Trade
Agreements.
In view of the entry into force of the Agreements on free trade and trade related matters,
the Commission is requesting the Council to give its unanimous assent to the proposed
Decisions, in order to allow the Commission to adopt these decisions. Pursuant to article
95 of the ECSC Treaty, the ECSC Consultative Committee is being simultaneously
consulted.
 ---pagebreak---                                      Commission Decision No /ECSC
                                                    of
   on certain procedures for applying the Agreement on free trade and trade-related matters between the
                                                                                                            n
    European Community, the European Atomic Energy Community and the European Coal and Steel
                 Community of the one part, and the Republic of Estonia, of the other part,
                                                         similar for both the European Economic
THE COMMISSION OF THE EUROPEAN                           Community and the European Coal and Steel
COMMUNITIES,                                             Community;
Having regard to the Treaty establishing the             Whereas certain measures provided for in the
European Coal and Steel Community, and in                Agreement go beyond the powers of action
particular Article 74 and the first subparagraph         provided for in the Treaty and it is therefore
of Article 95 thereof,                                   necessary in this case to refer to the provisions
                                                         of Article 95, after consultation with the
Whereas an Agreement on Free Trade and                   consultative committee and with the unanimous
Trade related matters between the European               assent of the Council,
Community, the European Atomic Energy
Community and the European Coal and Steel                HAS ADOPTED THIS DECISION :
Community, of the one part, and the Republic
of Estonia, of the other part (hereinafter referred                            Article 1
to as "the Agreement") was signed in Brussels
on 18 July 1994,                                         The Commission may, with the assent of the
                                                         Council, decide to refer to the Association
Whereas it is necessary to lay down the                  Council established by the Agreement with
procedures for applying various provisions of            regard to the measures provided for in Article
the agreement and in particular those                    21 of the Agreement. Where necessary, the
concerning products covered by the ECSC                  Commission shall adopt these measures in
Treaty,                                                  accordance with the same procedure.
Whereas such procedures have been laid down              The Commission may take the decisions to this
for the European Economic Community by                   end on its own initiative or at the request of a
Council Regulation (EC) No on certain                    member State.
procedures for applying the Agreement on trade
and trade-related matters between the European                                 Article 2
Economic Community, the European Atomic
Energy Community and the European Coal and                1. In the case of a practice that may justify
Steel Community, of the one part, and the                     application by the Community of the
Republic of Estonia, of the other part,                       measures provided for in Article 32 of the
                                                              Agreement, the Commission, after
Whereas, as regards measures of commercial                    examining the case on its own initiative or
protection it is necessary to lay down specific               at the request of a Member State, shall
provisions concerning the general rules set out               decide whether such practice is compatible
 in Commission Decision No 2424/88/ECSC of                    with the Agreement. Where necessary, the
 29 July 1988 on protection against dumped or                 Commission takes safeguard measures with
 subsidized imports from countries not members                the assent of the Council, except in the case
 of the European Coal and Steel Community '                   of public aids to which Decision No
 where the Agreement makes this necessary;                    2424/88/ECSC applies, when measures
                                                              shall be taken according to the procedures
                                                              laid down in that Decision.
 Whereas account should be taken of the
 undertakings set out in the Agreement when
                                                              Such measures shall be taken under the
 examining whether a safeguard measure should
                                                              conditions provided for in Article 32 of the
 be introduced;
                                                              Agreement.
 Whereas it is desirable to ensure that the rules
 for the application if the Agreement should be
  'OJNoL209, 2.8.1988, p. 18
 ---pagebreak---                                                                                                 •13
In the case of a practice that may cause          Estonia within the Joint Committee to
safeguard measures concerning ECSC                adopt safeguard measures.
products to be applied to the Community by
Estonia on the basis of Article 32 of the      2. Where the Commission, at the request of a
Agreement, the Commission, after                  Member State or on its own initiative,
examining the case, shall decide whether          decides that the safeguard measures
the practice is compatible with the               provided for in Article 23 or 24 of the
principles set out in the Agreement. Where        Agreement should be applied ;
necessary, it shall take appropriate              it shall inform the Member States forthwith
decisions on the basis of the criteria laid       if acting on its own initiative or, if it is
down in Articles 65 and 66 of the ECSC            responding to a Member State's request,
Treaty and Article 85 of the Treaty               within five working days of the date of
establishing the European Community, and          receipt of that request,
of the rules applicable to State aids,            it shall consult the committee mentioned in
including secondary legislation.                  Article 4 (2) of Commission Decision No
                                                  264/94/ECSC (hereinafter referred to as 'the
                  Article 3                       committee'),
                                                  at the same time it shall inform Estonia and
In the case of a practice which is liable to      notify the Joint Committee of the opening
warrant the application, by the Community,        of consultations as referred to in Article 26
of the measures provided for in Article 22        (2) and (3) of the Agreement,
of the Agreement, the introduction of anti-       at the same time it shall provide the Joint
dumping measures shall be decided upon in         Committee with all the information
accordance with the provisions laid down in       necessary for these consultations.
 Decision No 2424/88/ECSC and the
procedure provided for in Article 26 (2) and   3. In any event, the consultations within the
 (3) (b) or (d) of the Agreement.                 Joint Committee shall be deemed to be
                                                  completed 30 days after the notification
                  Article 4                       referred to in the fourth subparagraph of
                                                  paragraph 1 and in paragraph 2.
 Where a Member State requests the
 Commission to apply safeguard measures           At the need of the consultations or on
 as provided for in Article 23 or 24 of the       expiry of the period of 30 days, and if no
 Agreement, and if the Commission decides         other arrangement proves possible, the
 not to apply them, the Commission shall          Commission, after consulting the
 inform the Council and the Member States         committee, may take appropriate measures
 accordingly within five working days of          to implement Articles 23 and 24 of the
 receipt of the request from the member           Agreement.
 State.
                                               4. The decision referred to in paragraph 3
 Member States shall provide the                  shall be notified forthwith to the Council,
 Commission with the information needed to        the Member States and Estonia; it shall also
justify their requests to apply safeguard         be notified to the Joint Committee.
 measures.
                                                  It shall be immediately applicable.
 Any member State may refer the decision
 of the Commission to the Council within 10    5. Any Member State may refer the
 working days of its notification.                Commission decision referred to in
                                                  paragraph 3 to the Council within 10
 If the Council, acting by the qualified           working days of receiving notification of
 majority referred to in Article 28 (4) of the     the decision.
 Treaty, indicates its intention to request a
 different decision, the Commission shall
 inform Estonia thereof forthwith and shall
 notify it of the opening of the consultations
 within the Joint Committee as provided for
 in Article 26 (2) and (3) of the Agreement.
 The Council, acting by a qualified majority,
  may ask the Commission within one month
 of the conclusion of the consultations with
 ---pagebreak---     If the Commission has not taken a decision     This Decision shall enter into force on the same
                                                                                                      a
    within the meaning of the second               day as the Agreement on free trade and trade-
    subparagraph of paragraph 3 within 10          related matters.
    working days of the end of the
    consultations with the Joint Committee, or,
    as the case may be, the end of the period of
    30 days, any Member State which has
    referred the matter to the Commission in       This Decision shall be binding in its entirety and
    accordance with paragraph 2 may refer it to    directly applicable in all Member States.
    the Council.
                                                   Done at Brussels,
    In the cases refereed to in paragraph 5 the
    Council , acting by a qualified majority,
    may, within one month, ask the
    Commission to adopt different safeguard                                    For the Commission
    measures, and in the cases mentioned in
    paragraph 6, ask the Commission to take
    measures.
                       Article 5
1. Where exceptional circumstances arise
     within the meaning of Article 26 (3) (d) of
    the Agreement, the Commission may take
     immediate safeguard measures in the cases
     referred to in Articles 23 and 24 of the
     Agreement.
2.   If the Commission receives a request from
     a Member State it shall take a decision
     thereon within five working days of receipt
     of the request.
     The Commission shall notify the Council
     and the Member States of its decision.
3.   Any Member State may refer the
     Commission's decision to the Council in
      accordance with the procedure provided for
      in Article 4 (5).
     The procedure set out in Article 4 (5) to (7)
      shall be applicable.
      If the Commission has not taken a decision
      within the time limit mentioned in
      paragraph 2, any Member State which has
      referred the mater to the Commission may
      refer it to the Council in accordance with
      the procedure laid down in the preceding
      subparagraphs.
                        Article 6
Notification to the Joint Committee by the
Community as required by the Agreement shall
be the responsibility of the Commission.
                        Article 7
 ---pagebreak---                                      Commission Decision No /ECSC                                           2 ")
                                                    of
   on certain procedures for applying the Agreement on free trade and trade-related matters between the
    European Community, the European Atomic Energy Community and the European Coal and Steel
                  Community of the one part, and the Republic of Latvia, of the other part,
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,                                             similar for both the European Economic
                                                         Community and the European Coal and Steel
Having regard to the Treaty establishing the             Community;
European Coal and Steel Community, and in
particular Article 74 and the first subparagraph         Whereas certain measures provided for in the
of Article 95 thereof,                                   Agreement go beyond the powers of action
                                                         provided for in the Treaty and it is therefore
Whereas an Agreement on Free Trade and                   necessary in this case to refer to the provisions
Trade related matters between the European               of Article 95, after consultation with the
Community, the European Atomic Energy                    consultative committee and with the unanimous
Community and the European Coal and Steel                assent of the Council,
Community, of the one part, and the Republic
of Latvia, of the other part (hereinafter referred       HAS ADOPTED THIS DECISION :
to as "the Agreement") was signed in Brussels
on 18 July 1994,                                                               Article 1
Whereas it is necessary to lay down the                  The Commission may, with the assent of the
procedures for applying various provisions of            Council, decide to refer to the Association
the agreement and in particular those                    Council established by the Agreement with
concerning products covered by the ECSC                  regard to the measures provided for in Article
Treaty,                                                  22 of the Agreement. Where necessary, the
                                                         Commission shall adopt these measures in
Whereas such procedures have been laid down              accordance with the same procedure.
for the European Economic Community by
Council Regulation (EC) No on certain                    The Commission may take the decisions to this
procedures for applying the Agreement on trade           end on its own initiative or at the request of a
and trade-related matters between the European           member State.
Economic Community, the European Atomic
Energy Community and the European Coal and                                     Article 2
Steel Community, of the one part, and the
Republic of Latvia, of the other part,                    1. In the case of a practice that may justify
                                                              application by the Community of the
Whereas, as regards measures of commercial                    measures provided for in Article 32 of the
protection it is necessary to lay down specific               Agreement, the Commission, after
provisions concerning the general rules set out               examining the case on its own initiative or
in Commission Decision No 2424/88/ECSC of                     at the request of a Member State, shall
29 July 1988 on protection against dumped or                  decide whether such practice is compatible
                                                              with the Agreement. Where necessary, the
subsidized imports from countries not members
                                                              Commission takes safeguard measures with
of the European Coal and Steel Community *
                                                              the assent of the Council, except in the case
where the Agreement makes this necessary;
                                                              of public aids to which Decision No
                                                              2424/88/ECSC applies, when measures
Whereas account should be taken of the                        shall be taken according to the procedures
 undertakings set out in the Agreement when                   laid down in that Decision.
examining whether a safeguard measure should
 be introduced;
                                                              Such measures shall be taken under the
                                                              conditions provided for in Article 32 of the
Whereas it is desirable to ensure that the rules
                                                              Agreement.
 for the application if the Agreement should be
 'OJ No L 209, 2.8.1988, p. 18
 ---pagebreak---                                                                                                         ^
                                                         The Council, acting by a qualified majority,
                                                         may ask the Commission within one month
2.  In the case of a practice that may cause             of the conclusion of the consultations with
    safeguard measures concerning ECSC                   Latvia within the Joint Committee to adopt
    products to be applied to the Community by            safeguard measures.
    Latvia on the basis of Article 32 of the
    Agreement, the Commission, after                 2. Where the Commission, at the request of a
    examining the case, shall decide whether              Member State or on its own initiative,
    the practice is compatible with the                   decides that the safeguard measures
    principles set out in the Agreement. Where            provided for in Article 24 or 25 of the
    necessary, it shall take appropriate                  Agreement should be applied :
    decisions on the basis of the criteria laid           it shall inform the Member States forthwith
    down in Articles 65 and 66 of the ECSC                if acting on its own initiative or, if it is
    Treaty and Article 85 of the Treaty                   responding to a Member State's request,
    establishing the European Community, and              within five working days of the date of
    of the rules applicable to State aids,                receipt of that request,
    including secondary legislation.                      it shall consult the committee mentioned in
                                                          Article 4 (2) of Commission Decision No
                       Article 3                          264/94/ECSC (hereinafter referred to as 'the
                                                          committee'),
     In the case of a practice which is liable to         at the same time it shall inform Latvia and
     warrant the application, by the Community,            notify the Joint Committee of the opening
     of the measures provided for in Article 23           of consultations as referred to in Article 27
     of the Agreement, the introduction of anti-           (2) and (3) of the Agreement,
     dumping measures shall be decided upon in             at the same time it shall provide the Joint
     accordance with the provisions laid down in           Committee with all the information
     Decision No 2424/88/ECSC and the                      necessary for these consultations.
     procedure provided for in Article 27 (2) and
     (3) (b) or (d) of the Agreement.                 3. In any event, the consultations within the
                                                           Joint Committee shall be deemed to be
                       Article 4                           completed 30 days after the notification
                                                           referred to in the fourth subparagraph of
 1. Where a Member State requests the                      paragraph 1 and in paragraph 2.
      Commission to apply safeguard measures
      as provided for in Article 24 or 25 of the           At the need of the consultations or on
      Agreement, and if the Commission decides             expiry of the period of 30 days, and if no
      not to apply them, the Commission shall              other arrangement proves possible, the
      inform the Council and the Member States             Commission, after consulting the
      accordingly within five working days of              committee, may take appropriate measures
      receipt of the request from the member                to implement Articles 24 and 25 of the
      State.                                                Agreement.
      Member States shall provide the                 4. The decision referred to in paragraph 3
      Commission with the information needed to             shall be notified forthwith to the Council,
      justify their requests to apply safeguard             the Member States and Latvia; it shall also
      measures.                                             be notified to the Joint Committee;
       Any member State may refer the decision              It shall be immediately applicable.
       of the Commission to the Council within 10
       working days of its notification.               5. Any Member State may refer the
                                                            Commission decision referred to in
       If the Council, acting by the qualified               paragraph 3 to the Council within 10
       majority referred to in Article 28 (4) of the         working days of receiving notification of
       Treaty, indicates its intention to request a          the decision.
       different decision, the Commission shall
       inform Latvia thereof forthwith and shall
       notify it of the opening of the consultations
       within the Joint Committee as provided for
       in Article 27 (2) and (3) of the Agreement.
 ---pagebreak---                                                                                               <?
    If the Commission has not taken a decision     This Decision shall enter into force on the same
    within the meaning of the second               day as the Agreement on free trade and trade-
    subparagraph of paragraph 3 within 10          related matters.
    working days of the end of the
    consultations with the Joint Committee, or,
    as the case may be, the end of the period of
    30 days, any Member State which has
    referred the matter to the Commission in       This Decision shall be binding in its entirety and
    accordance with paragraph 2 may refer it to    directly applicable in all Member States.
    the Council.
                                                   Done at Brussels,
    In the cases refereed to in paragraph 5 the
    Council, acting by a qualified majority,
    may, within one month, ask the
    Commission to adopt different safeguard                                    For the Commission
    measures, and in the cases mentioned in
    paragraph 6, ask the Commission to take
    measures.
                      Article 5
1. Where exceptional circumstances arise
     within the meaning of Article 27 (3) (d) of
    the Agreement, the Commission may take
     immediate safeguard measures in the cases
    referred to in Articles 24 and 25 of the
    Agreement.
2.  If the Commission receives a request from
    a Member State it shall take a decision
     thereon within five working days of receipt
    of the request.
    The Commission shall notify the Council
     and the Member States of its decision.
3.   Any Member State may refer the
     Commission's decision to the Council in
     accordance with the procedure provided for
     in Article 4 (5).
     The procedure set out in Article 4 (5) to (7)
     shall be applicable.
     If the Commission has not taken a decision
     within the time limit mentioned in
     paragraph 2, any Member State which has
     referred the mater to the Commission may
     refer it to the Council in accordance with
     the procedure laid down in the preceding
     subparagraphs.
                      Article 6
Notification to the Joint Committee by the
Community as required by the Agreement shall
be the responsibility of the Commission.
                      Article 7
 ---pagebreak---                                                                                                                  tk
                                       Commission Decision No        /ECSC
                                                        of
    on certain procedures for applying the Agreement on free trade and trade-related matters between the
      European Community, the European Atomic Energy Community and the European Coal and Steel
                     Community of the one part, and the Republic of Lithuania, of the other part,
THE COMMISSION OF THE EUROPEAN
COMMUNITIES,                                                 similar for both the European Economic
                                                             Community and the European Coal and Steel
Having regard to the Treaty establishing the                 Community;
European Coal and Steel Community, and in
particular Article 74 and the first subparagraph             Whereas certain measures provided for in the
of Article 95 thereof,                                       Agreement go beyond the powers of action
                                                             provided for in the Treaty and it is therefore
Whereas an Agreement on Free Trade and                       necessary in this case to refer to the provisions
Trade related matters between the European                   of Article 95, after consultation with the
Community, the European Atomic Energy                        consultative committee and with the unanimous
Community and the European Coal and Steel                    assent of the Council,
Community, of the one part, and the Republic
of Lithuania, of the other part (hereinafter                 HAS ADOPTED THIS DECISION :
referred to as "the Agreement") was signed in
Brussels on 18 July 1994,                                                          Article 1
Whereas it is necessary to lay down the                      The Commission may, with the assent of the
procedures for applying various provisions of                Council, decide to refer to the Joint Committee
the agreement and in particular those                        established by the Agreement with regard to the
concerning products covered by the ECSC                      measures provided for in Article 22 of the
Treaty,                                                      Agreement. Where necessary, the Commission
                                                             shall adopt these measures in accordance with
Whereas such procedures have been laid down                  the same procedure.
for the European Economic Community by
Council Regulation (EC) No on certain                        The Commission may take the decisions to this
procedures for applying the Agreement on trade               end on its own initiative or at the request of a
and trade-related matters between the European               member State.
Economic Community, the European Atomic
Energy Community and the European Coal and                                         Article 2
Steel Community, of the one part, and the
Republic of Lithuania, of the other part,                     1.  In the case of a practice that may justify
                                                                  application by the Community of the
Whereas, as regards measures of commercial                        measures provided for in Article 33 of the
protection it is necessary to lay down specific                   Agreement, the Commission, after
provisions concerning the general rules set out                   examining the case on its own initiative or
 in Commission Decision No 2424/88/ECSC of                        at the request of a Member State, shall
29 July 1988 on protection against dumped or                      decide whether such practice is compatible
subsidized imports from countries not members                     with the Agreement. Where necessary, the
 of the European Coal and Steel Community [                       Commission takes safeguard measures with
 where the Agreement makes this necessary;                         the assent of the Council, except in the case
                                                                   of public aids to which Decision No
                                                                   2424/88/ECSC applies, when measures
 Whereas account should be taken of the
                                                                   shall be taken according to the procedures
 undertakings set out in the Agreement when
                                                                   laid down in that Decision.
 examining whether a safeguard measure should
 be introduced;
                                                                   Such measures shall be taken under the
                                                                   conditions provided for in Article 33 of the
 Whereas it is desirable to ensure that the rules
                                                                   Agreement.
 for the application if the Agreement should be
  ' O J N o L 2 0 9 , 2.8.1988, p. 18
 ---pagebreak---                                                                                                      15
                                                        The Council, acting by a qualified majority,
                                                        may ask the Commission within one month
2.  In the case of a practice that may cause            of the conclusion of the consultations with
    safeguard measures concerning ECSC                  Lithuania within the Joint Committee to
    products to be applied to the Community by          adopt safeguard measures.
    Lithuania on the basis of Article 33 of the
    Agreement, the Commission, after                2.  Where the Commission, at the request of a
    examining the case, shall decide whether            Member State or on its own initiative,
    the practice is compatible with the                 decides that the safeguard measures
    principles set out in the Agreement. Where          provided for in Article 24 or 25 of the
    necessary, it shall take appropriate                Agreement should be applied :
    decisions on the basis of the criteria laid         it shall inform the Member States forthwith
    down in Articles 65 and 66 of the ECSC              if acting on its own initiative or, if it is
    Treaty and Article 85 of the Treaty                 responding to a Member State's request,
    establishing the European Community, and            within five working days of the date of
    of the rules applicable to State aids,              receipt of that request,
    including secondary legislation.                    it shall consult the committee mentioned in
                                                        Article 4 (2) of Commission Decision No
                       Article 3                        264/94/ECSC (hereinafter referred to as 'the
                                                        committee'),
     In the case of a practice which is liable to       at the same time it shall inform Lithuania
     warrant the application, by the Community,         and notify the Joint Committee of the
     of the measures provided for in Article 23         opening of consultations as referred to in
     of the Agreement, the introduction of anti-        Article 27 (2) and (3) of the Agreement,
     dumping measures shall be decided upon in          at the same time it shall provide the Joint
     accordance with the provisions laid down in        Committee with all the information
     Decision No 2424/88/ECSC and the                   necessary for these consultations.
     procedure provided for in Article 27 (2) and
     (3) (b) or (d) of the Agreement.               3.  In any event, the consultations within the
                                                        Joint Committee shall be deemed to be
                       Article 4                        completed 30 days after the notification
                                                        referred to in the fourth subparagraph of
 1.  Where a Member State requests the                  paragraph 1 and in paragraph 2.
     Commission to apply safeguard measures
     as provided for in Article 24 or 25 of the         At the need of the consultations or on
     Agreement, and if the Commission decides           expiry of the period of 30 days, and if no
     not to apply them, the Commission shall             other arrangement proves possible, the
     inform the Council and the Member States            Commission, after consulting the
     accordingly within five working days of            committee, may take appropriate measures
     receipt of the request from the member              to implement Articles 24 and 25 of the
     State.                                              Agreement.
     Member States shall provide the                4.   The decision referred to in paragraph 3
     Commission with the information needed to           shall be notified forthwith to the Council,
     justify their requests to apply safeguard           the Member States and Lithuania; it shall
     measures.                                           also be notified to the Joint Committee; it
                                                         shall also be notified to the Joint
      Any member State may refer the decision            Committee.
      of the Commission to the Council within 10
      working days of its notification.                  It shall be immediately applicable.
      If the Council, acting by the qualified        5.  Any Member State may refer the
      majority referred to in Article 28 (4) of the      Commission decision referred to in
      Treaty, indicates its intention to request a       paragraph 3 to the Council within 10
      different decision, the Commission shall           working days of receiving notification of
      inform Lithuania thereof forthwith and             the decision.
      shall notify it of the opening of the
      consultations within the Joint Committee as
      provided for in Article 27 (2) and (3) of the
      Agreement.
 ---pagebreak---                                                                                                         n
                                                     This Decision shall enter into force on the same
6.  If the Commission has not taken a decision       day as the Agreement on free trade and trade-
     within the meaning of the second                related matters.
     subparagraph of paragraph 3 within 10
     working days of the end of the
     consultations with the Joint Committee, or,
     as the case may be, the end of the period of
     30 days, any Member State which has             This Decision shall be binding in its entirety and
     referred the matter to the Commission in        directly applicable in all Member States.
     accordance with paragraph 2 may refer it to
     the Council.                                    Done at Brussels,
7.   In the cases refereed to in paragraph 5 the
     Council , acting by a qualified majority,
     may, within one month, ask the                                              For the Commission
     Commission to adopt different safeguard
     measures, and in the cases mentioned in
     paragraph 6, ask the Commission to take
      measures.
                        Article 5
 1. Where exceptional circumstances arise
      within the meaning of Article 27 (3) (d) of
      the Agreement, the Commission may take
      immediate safeguard measures in the cases
      referred to in Articles 24 and 25 of the
      Agreement.
 2.   If the Commission receives a request from
      a Member State it shall take a decision
      thereon within five working days of receipt
      of the request.
      The Commission shall notify the Council
      and the Member States of its decision.
 3.   Any Member State may refer the
      Commission's decision to the Council in
      accordance with the procedure provided for
       in Article 4 (5).
       The procedure set out in Article 4 (5) to (7)
       shall be applicable.
       If the Commission has not taken a decision
       within the time limit mentioned in
       paragraph 2, any Member State which has
       referred the mater to the Commission may
       refer it to the Council in accordance with
       the procedure laid down in the preceding
       subparagraphs.
                         Article 6
 Notification to the Joint Committee by the
 Community as required by the Agreement shall
 be the responsibility of the Commission.
                         Article 7
 ---pagebreak---                                                                                   ^
                          EXPLANATORY MEMORANDUM
The Community signed Europe Agreements with Romania and Bulgaria on 1 February
 1993 and 8 March 1993 respectively.
The proposed Decisions introduce the modalities for the application of certain safeguard
measures and measures of commercial protection contained in these Agreements for
ECSC products.
The objective of the proposed Decisions is the introduction of specific rules to the
general provisions concerning the Community's import regime (including the provisions
establishing protection against subsidies and dumping practices in relation to imports
from third countries) in order to respect the obligations undertaken in the Agreements.
Similar Decisions have been adopted for the implementation of such measures under the
Interim and Europe Agreements concluded with Poland and Hungary.
In view of the entry into force of the Europe Agreements the Commission is requesting
the Council to give its unanimous assent for the proposed Decisions, in order to allow the
Commission to adopt these decisions. Pursuant to article 95 of the ECSC Treaty, the
ECSC Consultative Committee is being simultaneously consulted.
 ---pagebreak---                              Commission Decision N°.../93/ECSC                           O
                                            of...
               on certain procedures for applying the Europe Agreement
           establishing an association between the European Communities
                         and their Member States, of the one part,
                      and the Republic of Bulgaria, of the other part
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community, and in
particular Article 74 and the first subparagraph of Article 95 thereof,
Whereas a Europe Agreement establishing an association between the European
Communities and their Member States, of the one part, and the Republic of Bulgaria, of
the other part, hereinafter referred to as 'the Agreement', was signed in Brussels on
8 March 1993;
Whereas pending the entry into force of the Europe Agreement, its provisions on trade
and trade-related matters have been given effect since 31 December 1993 by an Interim
Agreement on trade and trade-related matters between the European Economic
Community and the European Coal and Steel Community, of the one part, and the
Republic of Bulgaria, of the other part, signed in Brussels on 8 March 19931;
Whereas pursuant to the conclusions of the Copenhagen European Council on 21 and
22 June 1993 regarding new trade concessions for the Central and Eastern European
countries, an Additional Protocol to the Interim Agreement was concluded on
20 December 1993 by the European Economic Community and the European Coal and
 Steel Community, of the one part, and Bulgaria, of the other part2;
 Whereas it is necessary to lay down the procedures for applying various provisions of the
 agreement and in particular those contained in Protocol 2 on ECSC;
 Whereas, as regards measures of commercial protection it is necessary to lay down
 specific provisions concerning the general rules set out in Commission Decision
N° 2424/88/ECSC of 29 July 1988 on protection against dumped or subsidised imports
 from countries not members of the European Coal and Steel Community3 where the
 Agreement makes this necessary;
 Whereas account should be taken of the undertakings set out in the Agreement when
 examining whether a safeguard measure should be introduced;
 Whereas it is desirable to ensure that the rules for the application of the Agreement
 should be similar for both the European Community and the European Coal and Steel
 Community;
 1
    OJ No L 323, 23.12.1993, p. 2
 2
    OJNoL25, 29.01.1994, p. 37
 3
    OJ No L 209, 2.8.1988, p. 18
 ---pagebreak---                                                                                          +3
Whereas certain measures provided for in the Agreement go beyond the powers of action
provided for in the Treaty and it is therefore necessary in this case to refer to the
provisions of Article 95, after consultation with the consultative committee and with the
unanimous assent of the Council,
HAS ADOPTED THIS DECISION:
                                           Article I
The Commission may, with the assent of the Council, decide to refer to the Association
Council established by the Agreement with regard to the measures provided for in Article
29 and Article 116(2) of the Agreement. Where necessary, the Commission shall adopt
these measures in accordance with the same procedure.
The Commission may take the decisions to this end on its own initiative orat the request
of a Member State.
                                           Article 2
In the case of a practice that may justify application by the Community of the measures
provided for in Article 9 of Protocol 2 to the Agreement, the Commission, after
examining the case on its own initiative or at the request of a Member State, shall decide
whether such practice is compatible with the Agreement. Where necessary, it shall, with
the assent of the Council, adopt safeguard measures, except in the case of public aids to
which Decision N° 2424/88/ECSC applies, when measures shall be taken according to
the procedures laid down in that Decision.
Such measures shall be taken under the conditions provided for in Article 9 of Protocol 2
to the Agreement.
2.In the case of a practice that may cause safeguard measures to be applied to the
Community by Bulgaria on the basis of Article 9 of Protocol 2 to the Agreement, the
Commission, after examining the case, shall decide whether the practice is compatible
with the principles set out in the Agreement. Where necessary, it shall take appropriate
decisions on the basis of the criteria laid down in Articles 65 and 66 of the ECSC Treaty
and Article 85 of the Treaty establishing the European Community, and of the rules
applicable to State aids, including secondary legislation.
                                           Article 3
 In the case of a practice which is liable to warrant the application, by the Community, of
the measures provided for in Article 30 of the Agreement, the introduction of
 anti-dumping measures shall be decided upon in accordance with the provisions laid
 down in Decision N° 2424/88/ECSC and the procedure provided for in Articles 34(2) and
 34(3)(b) or (d) of the Agreement.
 ---pagebreak---                                                                                 3o
                                         Article 4
1. Where a Member State requests the Commission to apply safeguard measures as
provided for in Articles 31 or 32 of the Agreement, and if the Commission decides not to
apply them, the Commission shall inform the Council and the Member States accordingly
within five working days of receipt of the request from the Member State.
Member States shall provide the Commission with the information needed to justify their
requests to apply safeguard measures.
Any Member State may refer the decision of the Commission to the Council within ten
working days of its notification.
If the Council, acting by the qualified majority referred to in Article 28(4) of the Treaty,
indicates its intention to request a different decision, the Commission shall inform
Bulgaria thereof forthwith and shall notify it of the opening of the consultations within
the Association Council as provided for in Article 34(2) and (3) of the Agreement.
The Council, acting by a qualified majority, may ask the Commission within one month
of the conclusion of the consultations with Bulgaria within the Association Council, to
adopt safeguard measures.
2.Where the Commission, at the request of a Member State or on its own initiative,
decides that the safeguard measures provided for in Articles 31 or 32 of the Agreement
should be applied:
-it shall inform the Member States forthwith if acting on its own initiative or, if it is
responding to a Member State's request, within five working days of the date of receipt of
that request,
 -it shall consult the committee mentioned in Article 4 of Commission Decision N°
264/94/ECSC (hereinafter referred to as 'the committee'),
-at the same time it shall inform Bulgaria and notify the Association Council of the
opening of consultations as referred to in Article 34(2)and (3) of the Agreement,
-at the same time it shall provide the Association Council with all the information
necessary for these consultations.
 3.In any event, the consultations within the Association Council shall be deemed to be
completed 30 days after the notification referred to in the fourth subparagraph of
 paragraph 1 and in paragraph 2.
 At the end of the consultations or on expiry of the period of 30 days, and if no other
 arrangement proves possible, the Commission, after consulting the Committee, may take
 appropriate measures to implement Articles 31 and 32 of the Agreement.
 4.The decision referred to in paragraph 3 shall be notified forthwith to the Council, the
 Member States and Bulgaria; it shall also be notified to the Association Council.
 It shall be immediately applicable.
 ---pagebreak---                                                                                        31
5.Any Member State may refer the Commission decision referred to in paragraph 3 to the
Council within ten working days of receiving notification of the decision.
6.1f the Commission has not taken a decision within the meaning of the second
subparagraph of paragraph 3 within ten working days of the end of the consultations with
the Association Council or, as the case may be, the end of the period of 30 days, any
Member State which has referred the matter to the Commission in accordance with
paragraph 2 may refer it to the Council.
7.1n the cases referred to in paragraph 5 the Council, acting by a qualified majority, may,
within one month, ask the Commission to adopt different safeguard measures, and in the
cases mentioned in paragraph 6, ask the Commission to take measures.
                                          Article 5
 1 .Where exceptional circumstances arise within the meaning of Article 34(3)(d) of the
Agreement, the Commission may take immediate safeguard measures in the cases
referred to in Articles 31 and 32 of the Agreement.
2.1f the Commission receives a request from a Member State it shall take a decision
thereon within five working days of receipt of the request.
The Commission shall notify the Council and the Member States of its decision.
3.Any Member State may refer the Commission's decision to the Council in accordance
with the procedure provided for in Article 4(5).
 The procedure set out in Article 4(5) to (7) shall be applicable.
 If the Commission has not taken a decision within the time limit mentioned in paragraph
 2, any Member State which has referred the matter to the Commission may refer it to the
 Council in accordance with the procedure laid down in the preceding subparagraphs.
                                           Article 6
 Notification to the Association Council by the Community as required by the Agreement
 shall be the responsibility of the Commission.
                                           Article 7
 This Decision shall enter into force on the same day as the Europe Agreement.
 This Decision shall be binding in its entirety and directly applicable in all Member States.
 Done at Brussels,
                                                         For the Commission
 ---pagebreak---                               Commission Decision N° .../93/ECSC                       ^> C
                                             of...
                on certain procedures for applying the Europe Agreement
            establishing an association between the European Communities
                          and their Member States, of the one part,
                                and Romania, of the other part
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Coal and Steel Community, and in
particular Article 74 and the first subparagraph of Article 95 thereof,
Whereas a Europe Agreement establishing an association between the European
Communities and their Member States, of the one part, and Romania, of the other part,
hereinafter referred to as 'the Agreement', was signed in Brussels on 1 February 1993;
Whereas pending the entry into force of the Europe Agreement, its provisions on trade
and trade-related matters have been given effect since 1 May 1993 by an Interim
Agreement on trade and trade-related matters between the European Economic
Community and the European Coal and Steel Community, of the one part, and Romania,
of the other part, signed in Brussels on 1 February 1993 l;
Whereas pursuant to the conclusions of the Copenhagen European Council on 21 and
22 June 1993 regarding new trade concessions for the Central and Eastern European
countries, an Additional Protocol to the Interim Agreement was concluded on
20 December 1993 by the European Economic Community and the European Coal and
Steel Community, of the one part, and Romania, of the other part2;
Whereas it is necessary to lay down the procedures for applying various provisions of the
agreement and in particular those contained in Protocol 2 on ECSC;
Whereas, as regards measures of commercial protection it is necessary to lay down
specific provisions concerning the general rules set out in Commission Decision
N° 2424/88/ECSC of 29 July 1988 on protection against dumped or subsidised imports
from countries not members of the European Coal and Steel Community3 where the
Agreement makes this necessary;
Whereas account should be taken of the undertakings set out in the Agreement when
examining whether a safeguard measure should be introduced;
Whereas it is desirable to ensure that the rules for the application of the Agreement
should be similar for both the European Community and the European Coal and Steel
Community;
1
    OJ No L 81, 2.4.1993, p. 2
2
    OJNoL25, 29.01.1994, p. 36
3
    OJNoL209, 2.8.1988, p. 18
 ---pagebreak---                                                                                   3>3
Whereas certain measures provided for in the Agreement go beyond the powers of action
provided for in the Treaty and it is therefore necessary in this case to refer to the
provisions of Article 95, after consultation with the consultative committee and with the
unanimous assent of the Council,
HAS ADOPTED THIS DECISION:
                                           Article 1
The Commission may, with the assent of the Council, decide to refer to the Association
Council established by the Agreement with regard to the measures provided for in Article
29 and Article 117(2) of the Agreement. Where necessary, the Commission shall adopt
these measures in accordance with the same procedure.
The Commission may take the decisions to this end on its own initiative orat the request
of a Member State.
                                           Article 2
In the case of a practice that may justify application by the Community of the measures
provided for in Article 9 of Protocol 2 to the Agreement, the Commission, after
examining the case on its own initiative or at the request of a Member State, shall decide
whether such practice is compatible with the Agreement. Where necessary, it shall, with
the assent of the Council, adopt safeguard measures, except in the case of public aids to
which Decision N° 2424/88/ECSC applies, when measures shall be taken according to
the procedures laid down in that Decision.
 Such measures shall be taken under the conditions provided for in Article 9 of Protocol 2
to the Agreement.
 2.In the case of a practice that may cause safeguard measures to be applied to the
 Community by Romania on the basis of Article 9 of Protocol 2 to the Agreement, the
 Commission, after examining the case, shall decide whether the practice is compatible
with the principles set out in the Agreement. Where necessary, it shall take appropriate
decisions on the basis of the criteria laid down in Articles 65 and 66 of the ECSC Treaty
 and Article 85 of the Treaty establishing the European Community, and of the rules
 applicable to State aids, including secondary legislation.
                                           Article 3
 In the case of a practice which is liable to warrant the application, by the Community, of
 the measures provided for in Article 30 of the Agreement, the introduction of
 anti-dumping measures shall be decided upon in accordance with the provisions laid
 down in Decision N° 2424/88/ECSC and the procedure provided for in Articles 34(2) and
 34(3)(b) or (d) of the Agreement.
 ---pagebreak---                                                                                         ^
                                          Article 4
1. Where a Member State requests the Commission to apply safeguard measures as
provided for in Articles 31 or 32 of the Agreement, and if the Commission decides not to
apply them, the Commission shall inform the Council and the Member States accordingly
within five working days of receipt of the request from the Member State.
Member States shall provide the Commission with the information needed to justify their
requests to apply safeguard measures.
Any Member State may refer the decision of the Commission to the Council within ten
working days of its notification.
If the Council, acting by the qualified majority referred to in Article 28(4) of the Treaty,
indicates its intention to request a different decision, the Commission shall inform
Romania thereof forthwith and shall notify it of the opening of the consultations within
the Association Council as provided for in Article 34(2) and (3) of the Agreement.
The Council, acting by a qualified majority, may ask the Commission within one month
of the conclusion of the consultations with Romania within the Association Council, to
adopt safeguard measures.
2.Where the Commission, at the request of a Member State or on its own initiative,
decides that the safeguard measures provided for in Articles 31 or 32 of the Agreement
should be applied:
-it shall inform the Member States forthwith if acting on its own initiative or, if it is
responding to a Member State's request, within five working days of the date of receipt of
that request,
 -it shall consult the committee mentioned in Article 4 of Commission Decision N°
264/94 ECSC (hereinafter referred to as 'the committee'),
 -at the same time it shall inform Romania and notify the Association Council of the
 opening of consultations as referred to in Article 34(2)and (3) of the Agreement,
 -at the same time it shall provide the Association Council with all the information
 necessary for these consultations.
 3.In any event, the consultations within the Association Council shall be deemed to be
 completed 30 days after the notification referred to in the fourth subparagraph of
 paragraph 1 and in paragraph 2.
 At the end of the consultations or on expiry of the period of 30 days, and if no other
 arrangement proves possible, the Commission, after consulting the Committee, may take
 appropriate measures to implement Articles 31 and 32 of the Agreement.
 4.The decision referred to in paragraph 3 shall be notified forthwith to the Council, the
 Member States and Romania; it shall also be notified to the Association Council.
 ---pagebreak---                                                                                        2>S
It shall be immediately applicable.
5.Any Member State may refer the Commission decision referred to in paragraph 3 to the
Council within ten working days of receiving notification of the decision.
6.If the Commission has not taken a decision within the meaning of the second
subparagraph of paragraph 3 within ten working days of the end of the consultations with
the Association Council or, as the case may be, the end of the period of 30 days, any
Member State which has referred the matter to the Commission in accordance with
paragraph 2 may refer it to the Council.
7.1n the cases referred to in paragraph 5 the Council, acting by a qualified majority, may,
within one month, ask the Commission to adopt different safeguard measures, and in the
cases mentioned in paragraph 6, ask the Commission to take measures.
                                          Article 5
 1 .Where exceptional circumstances arise within the meaning of Article 34(3)(d) of the
Agreement, the Commission may take immediate safeguard measures in the cases
referred to in Articles 31 and 32 of the Agreement.
2.1f the Commission receives a request from a Member State it shall take a decision
thereon within five working days of receipt of the request.
The Commission shall notify the Council and the Member States of its decision.
3.Any Member State may refer the Commission's decision to the Council in accordance
with the procedure provided for in Article 4(5).
The procedure set out in Article 4(5) to (7) shall be applicable.
 If the Commission has not taken a decision within the time limit mentioned in paragraph
 2, any Member State which has referred the matter to the Commission may refer it to the
 Council in accordance with the procedure laid down in the preceding subparagraphs.
                                          Article 6
Notification to the Association Council by the Community as required by the Agreement
shall be the responsibility of the Commission.
                                          Article 7
This Decision shall enter into force on the same day as the Europe Agreement.
This Decision shall be binding in its entirety and directly applicable in all Member States.
 Done at Brussels,
                                                       For the Commission
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(94) 680 final
                                                      DOCUMENTS
EN'-                                                                       1102
                                 Catalogue number : CB-CO-94-701-EN-C
                                                             ISBN 92-77-84368-3
Office for Official Publications of the European Communities
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