CELEX: 51994PC0545
Language: en
Date: 1994-12-09
Title: Proposal for a COUNCIL REGULATION (EC) establishing transitional measures for trade between the Republic of Austria, the Republic of Finland and the Kingdom of Sweden, on the one hand and the African, Caribbean and Pacific States on the other

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COM(94) 545 final
                                               Brussels, 09.12.1994
                                               94/0279 (ACC)
                                Proposal for a
                          COUNCIL REGULATION (EC)
                 establishing transitional measures for trade
                       between the Republic of Austria,
    the Republic of Finland and the Kingdom of Sweden, on the one hand
                and the African, Caribbean and Pacific States
                                  on the other
                      (presented by the Commission)
 ---pagebreak---  ---pagebreak---                           EXPLANATORY MEMORANDUM
The Commission, acting on a mandate from the Council, has opened negotiations with
the ACP countries for the conclusion of a protocol for the accession of Austria, Finland
and Sweden to the fourth ACP-EEC Convention. In accordance with Articles 76, 102
and 128 of the Act of Accession, that protocol must enter into force on the day of
accession, namely on 1 January 1995.
Given the limited time available, however, it is very unlikely that the protocol could
actually enter into force on 1 January next year. Autonomous Community measures are
therefore needed to fill the legal vacuum that would be created if there were, on the date
of accession, no legal act providing for the application to the new Member States of the
fourth Lomé Convention's trade provisions.
Furthermore, Article 72 of the Act of Accession allows Austria, until 1 January 1996 to
 maintain, in respect of the other Member States, the customs duties and licensing
 arrangements applied on the date of its accession to certain spirituous beverages. In
 consequence, and by virtue of the principle - reiterated in Article 171 of the fourth
 ACP-EEC Convention - that non-member countries may not enjoy more favourable
 treatment than Member States, transitional measures are needed to ensure equal treatment
 in trade relations between the ACP countries and Austria.
 ---pagebreak---                            Proposal for a Council Regulation (EC)
                         establishing transitional measures for trade
                              between the Republic of Austria,
           the Republic of Finland and the Kingdom of Sweden, on the one hand
                        and the African, Caribbean and Pacific States
                                          on the other
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article
113 thereof,
Having regard to the proposal from the Commission,
Whereas, pursuant to articles 76 (2), 102 (2) and 128 (2) of the Act of Accession, the
European Community and the ACP States opened negotiations for the conclusion of a
protocol to adapt the fourth ACP-EEC Convention to take account of the accession of Austria,
Finland and Sweden to the European Union;
Whereas Articles 76 (3), 102 (3) and 128 (3) of the Act of Accession provide that if such a
protocol has not been concluded by 1 January 1995, the Community shall take the necessary
measures to deal with that situation on accession;
Whereas it appears that the protocol will not be concluded by the specified date and that, in
these conditions, autonomous transitional measures must be taken in order for the new
Member States to apply the trade provisions of the Fourth ACP-EEC Convention as from 1
January 1995;
Whereas Article 72 of the Act of Accession allows Austria to maintain, until 1 January 1996,
the customs duties and licensing arrangements it applies on the date of its accession to certain
spirituous beverages and undenatured ethyl alcohol, in respect of other Member States;
HAS ADOPTED THIS REGULATION:
 ---pagebreak---                                           Article 1
From 1 January 1995 until the entry into force of the protocol referred to in Articles 76, 102
and 128 of the Act of Accession or until 31 December 1995, whichever is earlier, the
Republic of Austria, the Republic of Finland and the Kingdom of Sweden shall apply the
same arrangements to imports of products originating in the ACP States as are applied by the
other Member States of the Community.
                                          Article 2
Until 1 January 1996, the Republic of Austria may maintain the customs duties and licensing
arrangements which it applied on the date of its accession to spirituous beverages and
undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol. falling
within heading 22.08 of the HS. Any such licensing arrangements must be applied in a non-
discriminatory manner.
                                          Article 3
This Regulation shall enter into force on the day of its publication in the Official Journal of
the European Communities.
It shall apply with effect from 1 January 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(94) 545 final
                                                      DOCUMENTS
EN                                                                     03 11 02
                                Catalogue number : CB-CO-94-572-EN-C
                                                             ISBN 92-77-83016-6
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