CELEX: 51994PC0657(02)
Language: en
Date: 1994-12-13
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 Republic of Bulgaria, of the other part

COMMISSION OF THE EUROPEAN COMMUNITIES
                                              COM(94) 657      final
                                              Brussels, 13.12.1994
                                              94/ 0317(ACC)
                                               94/ 0318(ACC)
                                 Proposal for a
                                                              94/
                           COUNCIL REGULATION (EC)                0317(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 Romania, of the other part
                               Proposal for a
                                                                     94/ 0318(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 Republic of Bulgaria, of the other part
                        (presented by the Comalssion)
 ---pagebreak---  ---pagebreak---                           EXPLANATORY MEMORANDUM
The Community signed Europe Agreements with Romania and Bulgaria on 1 February
1993 and 8 March 1993 respectively.
The proposed Regulations introduce the modalities for the application of certain
safeguard measures and measures of commercial protection contained in these
Agreements and provide a legal basis enabling the Commission to implement the
provisions of these Agreements concerning agricultural products.
The objective of the proposed implementing Regulations 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 Regulations have been adopted for the implementation of such measures under
the Interim and Europe Agreements concluded with Poland and Hungary.
To allow the Europe Agreements with Romania and Bulgaria to enter into force on
February 1, 1995, a Council and Commission Decision on the conclusion of these
Agreements has to be adopted in December 1994. Also the proposed implementing
regulations must be adopted before the entry into force of the Agreements. Certain
Member States insist that the Conclusion Decision should be accompanied by these
implementing regulations.
The Commission therefore requests the Council to adopt the proposed Regulations in
view of the entry into force of the Europe Agreements with Romania and Bulgaria
anticipated for February 1, 1995.
                                                                                          L
 ---pagebreak---                            COUNCIL REGULATION (EC) Nr...
                                             Of...                           9 4 / 0317 (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 Romania, of the other part
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular
Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas a Europe Agreement establishing an association between the European
Communities and their Member States, of the one part, and the 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 the
Romania, of the other part, signed in Brussels on 1 February 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 19932 by the European Community and the European Coal and Steel
Community, of the one part, and Romania, of the other part;
Whereas it is necessary to lay down the procedures for applying certain provisions of the
Agreement;
Whereas, with regard to trade protection measures, it is appropriate, where the provisions
of the Agreement render it necessary, to lay down specific provisions concerning the
general rules provided for in particular in Council Regulation (EC) Nr 518/94 of 7 March
 1994 on common rules for imports3 and in Council Regulation (EC) Nr 521/94 of 7
March 1994 on protection against dumped or subsidised imports from countries not
members of the European Community4;
 Whereas account should be taken of the undertakings set out in the Agreement when
 examining whether a safeguard measure should be introduced;
 1
    OJNrL   81, 2.04.1993, p. 2
 2
    OJNrL   25, 29.01.1994, p.21
 3
    OJ NrL  67, 10.03.1994, p.77
 4
    OJ NrL  66, 10.03.1994, p.7
                                                                                              %
 ---pagebreak--- Whereas the procedures concerning safeguard clauses provided for in the Treaty
establishing the European Community are also applicable;
Whereas specific provisions have been adopted for safeguard measures concerning the
textile products covered by Protocol 1 of the Agreement;
Whereas certain special procedures should be introduced for the application of safeguard
measures in the agricultural sectors,
HAS ADOPTED THIS REGULATION:
                                            TITLE I
                                    Agricultural products
                                            Article J
Provisions for the application of Article 21(2) and (4) of the Agreement concerning
agricultural products falling within Annex II of the Treaty and subject in the framework
of the common market organization to a regime of levies, and concerning products falling
within CN codes 07119050 and 20031010, shall be adopted in accordance with the
procedure provided for in Article 23 of Regulation (EC) Nr 1766/925 or in the
corresponding provisions of other regulations establishing a common organization of the
agricultural markets. These provisions may provide for the introduction of a system of
import certificates in those sectors in which such certificates are not provided for by the
common organization of agricultural markets.
                                            TITLE II
                                     Protective measures
                                            Article 2
The Council may, in accordance with the procedures provided for in Article 113 of the
Treaty, decide to refer to the Association Council established by the Agreement with
regard to the measures provided for in Articles 29 and 119(2) of the Agreement. Where
necessary, the Council shall adopt these measures in accordance with the same procedure.
The Commission may, on its own initiative or at the request of a Member State, present
the necessary proposals to this end.
                                            Article 3
 l.In the case of a practice that may justify application by the Community of the measures
provided for in Article 64 of the Agreement, the Commission, after examining the case,
    OJNrL181, 1.07.1992, p.21
                                                                                            h
 ---pagebreak--- 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 propose the
adoption of safeguard measures to the Council, which shall act in accordance with the
procedure laid down in Article 113 of the Treaty, except in the cases of aid to which
Regulation (EC) Nr 521/94 applies, when measures shall be taken according to the
procedures laid down in that Regulation. Measures shall be taken only under the
conditions set out in Article 64(6) of the Agreement.
2.1n the case of a practice that may cause measures to be applied to the Community by
Romania on the basis of Article 64 of 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 which result from the application of Articles 85, 86 and 92 of the Treaty.
                                          Article 4
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 Regulation (EC) Nr 521/94 and the procedure provided for in Article 34(2) and
(3)(b) or (d) of the Agreement.
                                           Article 5
 1.Where a Member State requests the Commission to apply safeguard measures as
provided for in Articles 31 or 32 of the Agreement, it shall provide the Commission, in
support of its request, with the information needed to justify it. If the Commission
decides not to apply safeguard measures, it shall inform the Council and the Member
 States accordingly within five working days of receipt of the request from the Member
 State.
Any Member State may refer this decision of the Commission to the Council within ten
working days of its notification.
 If the Council, acting by the qualified majority, indicates its intention to adopt 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 take a different decision within twenty
 working days of the conclusion of the consultations with Romania within the Association
 Council.
 2.The Commission shall be assisted by the committee established by Reg (EC)3491/936
 (hereinafter referred to as 'the Committee1).
     OJNr319,21.12.1993,p.l
                                                                                                C
 ---pagebreak--- The Committee shall meet when convened by its chairman. The latter shall communicate
any appropriate information to the Member States at the earliest opportunity.
3.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,
-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.
4.In any event, the consultations within the Association Council shall be deemed to be
completed thirty days after the notification referred to in the fourth sub paragraph of
paragraph 1 and in paragraph 3.
At the end of the consultations or on expiry of the period of thirty 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.
5.The decision referred to in paragraph 4 shall be notified forthwith to the Council, the
Member States and Romania; it shall also be notified to the Association Council.
The decision shall be immediately applicable.
6.Any Member State may refer the Commission decision referred to in paragraph 4 to the
 Council within ten working days of receiving notification of the decision.
 7.If the Commission has not taken a decision within the meaning of the second
 subparagraph of paragraph 4 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 thirty days, any
 Member State which has referred the matter to the Commission in accordance with
 paragraph 3 may refer it to the Council.
 8.In the cases referred to in paragraphs 6 and 7 the Council, acting by a qualified
 majority, may adopt a different decision within two months.
                                           Article 6
 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.
 ---pagebreak--- 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 5(6).
The procedure set out in Article 5(7) and (8) 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 procedures laid down in the first and second
subparagraphs of this paragraph.
                                           Article 7
The procedures laid down in Articles 5 and 6 shall not apply to products covered by
 Protocol 1 of the Agreement.
                                           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 establishing the European Community, in particular in Articles 109h and 109i,
 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 entry into force of the Europe Agreement.
 ---pagebreak--- This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                   For the Council
                                                    The President
                                                                                       %
 ---pagebreak---                            COUNCIL REGULATION (EC) Nr...
                                                                               9 4
                                             Of...                                 ' 0318(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 Republic of Bulgaria, of the other part
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular
Article 113 thereof,
Having regard to the proposal from the Commission,
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 19932 by the European Community and the European Coal and Steel
Community, of the one part, and Republic of Bulgaria, of the other part;
 Whereas it is necessary to lay down the procedures for applying certain provisions of the
Agreement;
 Whereas, with regard to trade protection measures, it is appropriate, where the provisions
 of the Agreement render it necessary, to lay down specific provisions concerning the
 general rules provided for in particular in Council Regulation (EC) Nr 518/94 of 7 March
 1994 on common rules for imports3 and in Council Regulation (EC) Nr 521/94 of 7
 March 1994 on protection against dumped or subsidised imports from countries not
 members of the European Community4;
 Whereas account should be taken of the undertakings set out in the Agreement when
 examining whether a safeguard measure should be introduced;
 Whereas the procedures concerning safeguard clauses provided for in the Treaty
 establishing the European Community are also applicable;
 1
    OJNrL   81, 2.04.1993, p. 2
 2
    OJ NrL  25, 29.01.1994, p.26
 3
    OJ NrL  67, 10.03.1994, p.77
 4
    OJ NrL  66, 10.03.1994, p.7
 ---pagebreak--- Whereas specific provisions have been adopted for safeguard measures concerning the
textile products covered by Protocol 1 of the Agreement;
Whereas certain special procedures should be introduced for the application of safeguard
measures in the agricultural sectors,
HAS ADOPTED THIS REGULATION:
                                             TITLE I
                                     Agricultural products
                                            Article 1
Provisions for the application of Article 21(2) and (4) of the Agreement concerning
agricultural products falling within Annex II of the Treaty and subject in the framework
of the common market organization to a regime of levies, and concerning products falling
within CN codes 07119050 and 20031010, shall be adopted in accordance with the
procedure provided for in Article 23 of Regulation (EC) Nr 1766/925 or in the
corresponding provisions of other regulations establishing a common organization of the
agricultural markets. These provisions may provide for the introduction of a system of
import certificates in those sectors in which such certificates are not provided for by the
common organization of agricultural markets.
                                            TITLE II
                                     Protective measures
                                            Article 2
The Council may, in accordance with the procedures provided for in Article 113 of the
Treaty, decide to refer to the Association Council established by the Agreement with
regard to the measures provided for in Articles 29 and 118(2) of the Agreement. Where
necessary, the Council shall adopt these measures in accordance with the same procedure.
The Commission may, on its own initiative or at the request of a Member State, present
the necessary proposals to this end.
                                            Article 3
 1 .In the case of a practice that may justify application by the Community of the measures
provided for in Article 64 of 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 propose the
adoption of safeguard measures to the Council, which shall act in accordance with the
     OJNrL181, 1.07.1992, p.21
                                                                                          2
 ---pagebreak--- procedure laid down in Article 113 of the Treaty, except in the cases of aid to which
Regulation (EC) Nr 521/94 applies, when measures shall be taken according to the
procedures laid down in that Regulation. Measures shall be taken only under the
conditions set out in Article 64(6) of the Agreement.
2.In the case of a practice that may cause measures to be applied to the Community by
Bulgaria on the basis of Article 64 of 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 which result from the application of Articles 85, 86 and 92 of the Treaty.
                                          Article 4
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 Regulation (EC) Nr 521/94 and the procedure provided for in Article 34(2) and
(3)(b) or (d) of the Agreement.
                                           Article 5
 1. Where a Member State requests the Commission to apply safeguard measures as
provided for in Articles 31 or 32 of the Agreement, it shall provide the Commission, in
support of its request, with the information needed to justify it. If the Commission
decides not to apply safeguard measures, it shall inform the Council and the Member
States accordingly within five working days of receipt of the request from the Member
State.
Any Member State may refer this decision of the Commission to the Council within ten
working days of its notification.
 If the Council, acting by the qualified majority, indicates its intention to adopt 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 take a different decision within twenty
 working days of the conclusion of the consultations with Bulgaria within the Association
 Council.
 2.The Commission shall be assisted by the committee established by Reg (EQ3491/93 6
 (hereinafter referred to as 'the Committee').
 The Committee shall meet when convened by its chairman. The latter shall communicate
 any appropriate information to the Member States at the earliest opportunity.
     OJNr319,21.121.1993,p.l
                                                                                              3
 ---pagebreak--- 3.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,
-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.
4.In any event, the consultations within the Association Council shall be deemed to be
completed thirty days after the notification referred to in the fourth sub paragraph of
paragraph 1 and in paragraph 3.
At the end of the consultations or on expiry of the period of thirty 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.
5.The decision referred to in paragraph 4 shall be notified forthwith to the Council, the
Member States and Bulgaria; it shall also be notified to the Association Council.
The decision shall be immediately applicable.
6.Any Member State may refer the Commission decision referred to in paragraph 4 to the
Council within ten working days of receiving notification of the decision.
7.If the Commission has not taken a decision within the meaning of the second
subparagraph of paragraph 4 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 thirty days, any
Member State which has referred the matter to the Commission in accordance with
paragraph 3 may refer it to the Council.
8.In the cases referred to in paragraphs 6 and 7 the Council, acting by a qualified
majority, may adopt a different decision within two months.
                                          Article 6
 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.
 ---pagebreak--- 3.Any Member State may refer the Commission's decision to the Council in accordance
with the procedure provided for in Article 5(6).
The procedure set out in Article 5(7) and (8) 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 procedures laid down in the first and second
subparagraphs of this paragraph.
                                           Article 7
The procedures laid down in Articles 5 and 6 shall not apply to products covered by
Protocol 1 of the Agreement.
                                           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 establishing the European Community, in particular in Articles 109h and 109i,
 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 entry into force of the Europe Agreement.
 This Regulation shall be binding in its entirety and directly applicable in all Member
 States.
 Done at Brussels,
                                                        For the Council
                                                        The President
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM (94) 657 final
                                                      DOCUMENTS
EN                                                                         i l 02
                                 Catalogue number : CB-CO-94-684-EN-C
                                                             ISBN 92-77-84061-7
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