CELEX: 51995PC0281
Language: en
Date: 1995-06-20
Title: Proposal for a COUNCIL DECISION on the progressive dismantling of certain quantitative restrictions on imports of certain ECSC products

COMMISSION OF THE EUROPEAN COMMUNITIES
                                          Brussels, 20.06.1995
                                          COM(95) 281 final
                                          95/0153 (ACC)
                           Proposal for a
                      COUNCIL DECISION
on the progressive dismantling of certain quantitative restrictions on
                 imports of certain ECSC products
                  (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                   Explanatory memorandum
Article 26 of Council Regulation (EC) No 3285/94 on the common rules for imports
stipulates that residual national restrictions relating to products covered by the ECSC
Treaty should be progressively dismantled in accordance with the provisions of the
Agreement establishing the World Trade Organization (WTO), and in particular the
provisions of the Agreement on Safeguards.
The national restrictions in question have for many years been applied by Spain to imports
of coal, briquettes, etc.
Under the Agreement on Safeguards a timetable should be presented to the Committee on
Safeguards for phasing out measures within a four-year period following the entry into
force of the WTO Agreement. This period ends on 31 December 1998.
On 2 March 1995 the Commission notified the Committee on Safeguards of the national
restrictions in question. It must now notify it by 1 July 1995 of the timetable for
dismantling them.
The appropriate measures must therefore be adopted and the Member State in question
must make provision for a progressive increase in imports of these products with a view
to their definitive liberalization.
The quantities given in the Annex to this Decision take account of the need for this
Member State and the economic sectors concerned to prepare gradually for this
liberalization, which can already be achievedfromI January 1998.
 ---pagebreak---                                        Proposai for a
                               Council Decision (EC) No...795
                                          of....l995
          on the progressive dismantling of certain quantitative restrictions on
                             imports of certain ECSC products
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 113 thereof,
Having regard to Council Regulation (EC) No 3285/94 of 22 December 1994 on the
common rules for imports and repealing Regulation (EC) No 518/94, and in particular
Articles 23 and 26 thereof,1
Having regard to the proposal from the Commission,
Whereas Spain has for many years applied quantitative restrictions to imports of certain
ECSC products originating in third countries; whereas these restrictions apply to imports
of products falling within CN codes 2701 11, 2701 12 90 and 2701 19;
Whereas due account was taken when Regulation (EC) No 3285/94 was adopted of the
Community's international obligations, particularly those deriving from the Agreement
establishing the World Trade Organization (WTO);
Whereas Article 26 of Regulation (EC) No 3285/94 stipulates that residual national
restrictions relating to products covered by the ECSC Treaty shall be progressively
dismantled in accordance with the provisions of the Agreement establishing the WTO,
which include coal and steel products;
1   OJ No L 349, 31.12.1994, p.53.
 ---pagebreak--- Whereas the Agreement on Safeguards, contained in Annex 1A to the WTO Agreement,
requires the progressive elimination of measures of the type applied by Spain which are
not covered by the provisions of GATT 1994, and specifically those of Article XIX;
Whereas under the Agreement on Safeguards a timetable must be presented to the
Committee on Safeguards for phasing out such measures within a period not exceeding
four years after the date of entry into force of the WTO; whereas this process of
elimination must therefore end by 31 December 1998;
Whereas on 2 March 1995 the Commission notified the Committee on Safeguards of the
national restrictions in question and it must now notify the Committee by 1 July 1995 of
the timetable for dismantling them;
Whereas, to this end, appropriate measures should be taken to draw up the timetable and
arrangements for phasing out restrictions by setting annual limits which the Spanish
authorities can apply to the imports in question, providing for a progressive increase in
these imports with a view to their liberalization at the end of a period which may end on
31 December 1997,
HAS ADOPTED THIS DECISION:
                                          Article 1
The national restrictions applied by Spain to imports originating in third countries falling
within CN codes 2701 11, 2701 12 90 and 2701 19 shall be eliminated by 31 December
1997 at the latest.
The Annex to this Decision gives the annual limits which Spain can apply to imports of the
products listed during the above period.
 ---pagebreak---                                           Article 2
Spain shall charge the licences already issued at the date of entry into force of this
Decision against the quantities for 1995.
                                          Article 3
This Decision is addressed to Spain. It shall take effect on the day of its notification.
Done at Brussels,.... 1995.
                                                                     For the Council
                                                                     The President
 ---pagebreak---                                  Annex
on the dismantling of national restrictions on imports of certain ECSC
                               products
 Member      Product      CN code        1995       1996         1997       1998
  State                                (tonnes)   (tonnes)     (tonnes)   (tonnes)
Spain      Anthracite   2701 11
           Other        2701 12 90
           bituminous                 10.600.000 10.800.000   11.100.000 Free import
           coal
           Other coal   2701 19
 ---pagebreak---                                                                       ISSN 0254-1475
                                                             COM(95) 281 final
                                               DOCUMENTS                   ii
                                                                 ilr i' «. >£
EN                                                                               02
                                     Catalogue number : CB-CO-95-312-EN-C
                                                              ISBN 92-77-90760-6
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