CELEX: 51995PC0008
Language: en
Date: 1995-01-17
Title: Proposal for a COUNCIL REGULATION (EC) amending Regulation (EC) No 3286/94 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community' s rights under international trade rules, in particular those established under the auspices of the World Trade Organisation

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(95) 8 final
                                                 Brussels, 17.01.1995
                                                 95/0014 (ACC)
                                  Proposal for a
                             COUNCIL REGULATION (EC)
   amending Regulation (EC) No 3286/94 laying down Community procedures
   in the field of the common commercial policy in order to ensure the exercise
  of the Community's rights under international trade rules, in particular those
         established under the auspices of the World Trade Organisation
                          (presented by the Commission)
 ---pagebreak---                                    Explanatory Memorandum
in December 1994, the Council adopted Regulation (EC) No 3286/94, implementing the
Uruguay Round results and concerning the exercise of Community's rights under
international trade rules ("Trade Barriers Regulation"), and repealed the existing
Regulation (EEC) No 2641/841 on the strengthening of the common commercial policy,
with regard in particular to illicit commercial practices.
Last minute changes in the Council to the Commission proposal appear to have created
some uncertainty as to what rules apply to proceedings pending under Regulation (EEC)
No 2641/84 as of the date of entry into force of the new Trade Barriers Regulation
(1 January 1995).
Therefore, there is an urgent need to amend Articles 15(2) and 16 of the new Regulation
to clarify that this Regulation also applies to proceedings still pending on 1 January 1995,
but for which investigations had been concluded. In this respect, the Commission submits
to the Council:
         a proposal to amend Articles 15(2) and 16(1) of the new Trade Barriers
         Regulation.
         OJ No L252, 29.9.1984, p. 1
                                                                                             • f J
 ---pagebreak---                             Council Regulation (EC) No         /95
  amending Regulation (EC) No 3286/94 laying down Community procedures in the
      field of the common commercial policy in order to ensure the exercise of the
  Community's rights under international trade rules, in particular those established
                   under the auspices of the World Trade Organisation
 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 by Regulation (EC) No 3286/940 the Council has adopted Community
procedures to ensure the exercise of the Community's rights under international trade
rules,
 Whereas Article 15(2) of Regulation (EC) No 3286/94 repealed Regulation (EEC) No
2641/84(2) on the strengthening of the common commercial policy with regard in
particular to protection against illicit commercial practices,
Whereas by its Article 16(1) Regulation (EC) No 3286/94 is applicable to proceedings
initiated after 1 January 1995,
Whereas it is therefore appropriate to amend Articles 15(2) and 16(1) of Regulation (EC)
No 3286/94 in order to clarify that Regulation (EC) No 3286/94 also applies to
proceedings pending on 1 January 1995, but in relation to which Community
examination procedures had been completed,
HAS ADOPTED THIS REGULATION:
W OJNoL349of31.12.1994
(2) OJNoL252 of 29.9.1984, p.l
 ---pagebreak---                                              Article 1
1.      Article 15 (2) of Regulation (EC) No 3286/94 shall be replaced by the following :
   "2. Regulation (EEC) No 2641/84 is hereby repealed and replaced. References to the
        repealed Regulation shall be construed as references to this Regulation where
        appropriate."
2.      Article 16(1) of Regulation (EC) No 3286/94 shall be replaced by the following
   "1. This Regulation shall apply as from 1 January 1995. It shall apply to proceedings
        initiated after that date, as well as to proceedings pending at that date and in
        relation to which Community examination procedures have been completed."
                                            Article 2
This Regulation shall apply as from 1 January 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
                                                                                            \
                                                                                          j
 ---pagebreak---                                                                      ISSN 0254-1475
                                                                COM(95) 8 final
                                                      DOCUMENTS
EN                                                                              02
                                 Catalogue number : CB-CO-95-011-EN-C
                                                             ISBN 92-77-84861-8
Office for Official Publications of the European Communities
L-2985 Luxembourg