CELEX: 51993PC0179(01)
Language: en
Date: 1993-05-05
Title: Proposal for a COUNCIL REGULATION (EEC) on certain procedures for applying the 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

COMMISSION OF THE EUROPEAN COMMUNITIES
                                         C0M(93)179   final
                                         Brussels,  5   May 1993
                            Proposal for a
                      COUNCIL REGULATION (EEC)
     on certain procedures for applying the 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
                            Proposal for a
                      COUNCIL REGULATION (EEC)
      on certain procedures for applying the 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
                    (presented by the Commission)
 ---pagebreak---                       Explanatory memorandum
1. The proposed   regulations   aim at the introduction      of the
   modalities for the application of certain safeguard measures
   and measures of commercial protection contained in the interim
   agreements preceding the Europe Agreements concluded between
   the European    Economic  Community  and   the  Coal  and   Steel
   Community of the one part and Romania and Bulgaria of the
   other part.
2. The objectif is the introduction of specific rules to the
   general provisions concerning the   import regime including the
   provisions establishing    a protection against subsidies and
   dumping   practices   in  relation  with    imports  from   third
   countries. The specific rules shall abide by the obligations
   undertaken in the interim agreements and shall respect the
   Community procedure for the application of such measures.
3. The regulatvlions are to a large extent similar or even
   identical to the regulations adopted     for the application of
   the Lome-agreements'-) and the agreement between the CEE and
   Austria2 >.
1) O.J. Nr. L 358 of 21.12.1990, p. 4
2) O.J. Nr. L 74 of 20.03.1990, p. 1
 ---pagebreak---                                 Proposal for a
                        COUNCIL REGULATION (EEC) N*
                                       Of
        on certain procedures for applying the 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
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 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 (hereinafter
referred to as "the Agreement") was signed in Brussels on
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 (EEC) N*288/82 of 5 February 1982 on
common   rules   for   imports*1^,   last    modified   by  Council  Regulation
                                     2
 (EEC)  N*  2727/90   of   26.9.1990 >    and    in Council   Regulation    (EEC)
N*2423/88 of 11 July 1988 on protection against dumped or subsidized
 imports from countries not members of the European Economic Community
3).
(1)      0J N'L 35, 9.2.1982, p.1
2) O.J.L 262 of 26.9.1990, p.11
3) 0J N'L 209, 2.8.1988, p.1
 ---pagebreak--- Whereas   account   should be taken of the undertaking            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 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 1)
Provisions    for   the  application     of   Article  15   (2) and    (4) of    the
Agreement concerning agricultural products failing within Annex M                 of
 the  Treaty    and   subject     in   the   framework   of   the   common   market
organization to a regime of levies and concerning products falling with
CN codes 0711 90 40, 2003 10 20 and 2003 10 30 shall                be adopted     in
 accordance with the procedure provided for in Article 26 of Regulation
 (EEC)  N'2727/754)     or    in    the   corresponding    provisions    of    other
 regulations   establishing     a   common   organization   of   the  agricultural
markets.
 4)      Council Regulation (EEC) N*2727/75 of 29 October 1975 on the
         comlon organization of the market in cereals (OJ N*L 281,
         1.11.75, p.1). Regulation last amended by Regulation (EEC)
         N*3653/90 (OJ N - L362, 2712.1990, p.28).
                                                                                      4-
 ---pagebreak--- 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 Joint             Committee
established by the Agreement with regard to the measures provided for
in Articles 23 and 46      (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 34        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
doption  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 (EEC) N*2423/88 applies,
when measures shall be taken according to the procedures laid down in
that Regulation.     Such safeguard measures shall be taken only under
conditions set out in Article 34 (6) of the Agreement.
 ---pagebreak---    2.    In the case of a practice that may cause measures to be applied
   to the Community by Romania on the basis of Article 34 (6) 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.
\
                                    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 24 of the
   Agreement, the introduction of anti-dumping measures shall be decided
   upon in accordance with the provisions laid down in Regulation (EEC)
   W2423/88 and the procedure provided for ia Article 28 par. 2 and par.
   3 (b) and (d) of the Agreement.
                                  Article 5)
  1.    Where a Member State requests the Commission to apply safeguard
  measures as provided for in Articles 25 or 26 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 upon 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 consultations
  within the Joint Committee as provided for in Article 28 (2) and (3) of
  the Agreement.
 ---pagebreak--- 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 Joint Committee.
2.     The Commission    shall be   assisted  by  a committee   (hereinafter
referred to as the     "Committee") composed     of representatives   of the
Member states and chaired by a representative of the Commission.
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, on its own initiative or at the request of
a Member State, decides that the safeguard measures provided for in
Articles 25 or 26 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 Joint
       Committee   of the opening     of consultations   as  referred  to  in
       Article 28 (2) and (3) of the Agreement,
 -      at the same time it shall provide the Joint Committee with all
       the information necessary for these consultations.
 4.     In any event, the consultations within the Joint Committee shall
 be deemed to be completed thirty days after the notification referred
 to in the fourth subparagraph 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 25 and 26 of the Agreement.
 ---pagebreak--- 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 Joint Committee.
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 within the Joint Committee or, as the case
maybe, the end of the period of thirty days referred to in that
paragraph, 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 qualified majority, may adopt a different decision within two
months.
                                 Article 6)
 1.   Where   exceptional circumstances   arise within   the meaning of
Article 28   (3)  (d)    of  the Agreement,   the  Commission   may  take
immediate safeguard measures in the cases referred to in Articles 25
and 26 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, par. 6 to 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 16 and 25 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 16 or Article 28 (2)           and (3)
of the Agreement are met.
                                    Article 9)
Notification to the Joint Committee as required by the Agreement shall
be  the  responsibility    of the    commission,   acting  on   behalf   of  the
Community.
 ---pagebreak---                                   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.
            This Regulation shall be binding in its entirety and
                  directly applicable in all Member States
  Done at Brussels,
                             For the Council
                             The President
 ---pagebreak---                               Proposal for a
                       COUNCIL REGULATION (EEC) N*
                                    Of
        on certain procedures for applying the 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
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 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  (hereinafter referred to as       "the Agreement") was  signed in
Brussels on
Whereas it is necessary to lay down the procedures for applying certain
provisions of the Agreement;
 ---pagebreak--- 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 (EEC) N*288/82 of 5 February 1982 on
common     rules    for    imports^1),   last   modified    by    Council   regulation
                                                   2
 (EEC)   N*    2727/90 of     26 September     1990 >  and   in Council     Regulation
 (EEC)   N*2423/88      of   11*July   1988   on   protection     against   dumped   or
subsidized      imports from countries not members of the European Economic
             3
Commun ity >;
Whereas    account     should be taken of the undertaking            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 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 1)
Provisions      for   the   application   of Article     15    (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
(1)       OJ N*L 35, 9.2.1982, p.1
2) O.J. L 262 of 26.9.1990
3) OJ N'L 209, 2.8.1988, p.1
 ---pagebreak--- organization to a regime of levies and concerning products falling with
CN codes    0711 90 40, 2003      10 20 and      20031030   shall be     adopted   in
accordance with the procedure provided for in Article 26 of Regulation
(EEC)   N*2727/75^)      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 Joint            Committee
established by the Agreement with regard to the measures provided for
in Articles 23 and 46 (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 34              of the Agreement,
 the Commission, after examining the case, on its own initiative or at
  4)       Council Regulation (EEC) N'2727/75 of 29 October 1975 on the
           com Ion organization of the market in cereals (OJ N'L 281,
           1.11.75, p.1). Regulation last amended by Regulation (EEC)
           N'3653/90 (OJ N*L362, 2712.1990, p.28).
 ---pagebreak--- 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 (EEC) N*2423/88 applies,
when measures shall be taken according to the procedures laid down in
that Regulation.      Such safeguard measures shall be taken only under
conditions set out in Article 34 (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    34   (6) 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.
                                   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 24 of the
Agreement, the introduction of anti-dumping measures shall be decided
upon in accordance with the provisions laid down in Regulation (EEC)
N*2423/88 and the procedure provided for in Article 28 par. 2 and par.
3 (b) and (d) of the Agreement.
                                   Article 5)
 1. Where a Member    state requests the Commission to apply         safeguard
measures as provided for in Articles 25 or 26 of the Agreement, it
shall provide the Commission,       in support   of   its request, with the
information needed to justify it.
                                                                               /(
                                                                                M
 ---pagebreak--- 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 upon 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 consultations
within the Joint Committee as provided for in Article 28 (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 Joint Committee.
2.     The Commission   shall be   assisted  by a committee    (hereinafter
referred   to as the   "Committee") composed    of representatives   of the
Member States and chaired by a representative of the Commission.
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, on its own initiative or at the request of
a Member state, decides that the safeguard measures provided for in
Articles 25 or 26 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,
 ---pagebreak---       at the same time it shall inform Bulgaria and notify the Joint
      Committee    of  the    opening   of consultations      as  referred    to  in
      Article 28 (2) and (3) of the Agreement,
-      at the same time it shall provide the Joint Committee with all
      the information necessary for these consultations.
4.    In any event, the consultations within the Joint Committee shall
be deemed to be completed thirty days after the notification referred
to in the fourth subparagraph 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 25 and 26 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 Joint Committee.
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 within the Joint Committee or, as the case
maybe,   the   end  of  the period      of   thirty   days  referred   to   in  that
paragraph,    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 qualified majority, may adopt a different decision within two
months.
                                                                                     It
 ---pagebreak---                                    Article 6)
1.    Where   exceptional   circumstances   arise  within   the   meaning   of
Article 28   (3)  (d)     of  the   Agreement,   the  Commission    may   take
immediate safeguard measures in the cases referred to in Articles 25
and 26 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 5(6).
The procedure set out in Article 5, par. 6 to 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.
 ---pagebreak---                                   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 16 and 25 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 16 or Article 28 (2)      and (3)
of the Agreement are met.
                                  Article 9)
Notification to the Joint Committee 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.
 ---pagebreak---           This Régulât ion sha11 be binding in its entirety and
                directly applicable in all Member States
Done st Brussels,
                             For the CounciI
                            The President
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM (93) 179 final
                                                      DOCUMENTS
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                                                             ISBN 92-77-55286-7
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