CELEX: 51994PC0658(02)
Language: en
Date: 1994-12-13
Title: Proposal for a COUNCIL REGULATION (EC) on certain procedures for applying the Agreement on free trade and trade-related matters between the European Community, the European Atomic Energy Community and the European Coal and Steel Community, of the one part, and the Republic of Lithuania, of the other part

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                                  COM(94) 658 final
                                                                                  Brussels, 13.12.1994
                                                                                  94/0319 (ACQ
                                                                                  94/0320 (ACC)
                                                                                  94/0321 (ACC)
                                             Proposal for a
                                  COUNCIL REGULATION (EC)                                   94/0319 (ACC)
    on certain procedures for applying the Agreement on free trade and trade-related matters between the
      European Community, the European Atomic Energy Community and the European Coal and Steel
                   Community, of the one part, and the Republic of Estonia, of the other part
                                              Proposal for a
                                   COUNCIL REGULATION (EC)                                   94/0320 (ACC)
   on certain procedures for applying the Agreement on free trade and trade-related matters between the
    European Community, the European Atomic Energy Community and the European Coal and Steel
                Community, of the one part, and the Republic of Lithuania, of the other part
                                              Proposal for a
                                    COUNCIL REGULATION TEC)                                   94/0321 (ACC)
on certain procedures for applying the Agreement on free trade and trade-related matters between the
 European Community, the European Atomic Energy Community and the European Coal and Steel
               Community, of the one part, and the Republic of Latvia, of the other part
                                     (presented by the Commission)
 ---pagebreak---  ---pagebreak---                           EXPLANATORY MEMORANDUM
The Community signed on July 18, 1994 the Agreements on free trade and trade-related
matters with Estonia, Latvia and Lithuania.
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 on free trade and trade-related matters.
Similar Regulations have been adopted for the implementation of such measures under the
Interim Agreements concluded with Poland and Hungary (Regulations (EEC) N° 518/92.
29.2.92 p.3 and 519/92. 29.2.92 p. 6)r
In view of the entry into force of the Agreements on free trade and trade-related matters,
anticipated for January 1, 1995, the Commission is requesting the Council to adopt the
proposed Regulations.
                                                                                           «*>
 ---pagebreak---                                     COUNCIL REGULATION (EC) N°                              94/ 03191ACC)
                                                    of
   on certain procedures for applying the Agreement on free trade and trade-related matters between the
     European Community, the European Atomic Energy Community and the European Coal and Steel
                 Community, of the one part, and the Republic of Estonia, of the other part
THE COUNCIL OF THE EUROPEAN UNION,                       Whereas certain special procedures should be
Having regard to the Treaty establishing the              introduced for the application of safeguard
European Community, and in particular Article            measures in the agricultural sectors,
 113 thereof.
                                                         HAS ADOPTED THIS REGULATION
Having regard to the proposal from             the
Commission,                                                                   TITLE I
Whereas an Agreement on free trade and trade-                          Agricultural products
related matters between the European
Community, the European Atomic Energy                                         Article 1
Community and the European Coal and Steel
Community, of the one part, and the Republic of          Provisions for the application of Article 13 (2)
Estonia of the other part (hereinafter referred to       and (3) of the Agreement concerning
as 'the Agreement') was signed in Brussels on            agricultural products falling within Annex II of
 18 July 1994;                                           the Treaty and subject in the framework of the
                                                         common market organization to a regime of
Whereas it is necessary to lay down the                  levies or of import duties and concerning
procedures for applying certain provisions of the        products falling within CN
Agreement;                                               codes 0711 90 50 and 2003 10 10 shall be
                                                         adopted in accordance with the procedure
Whereas, with regard to trade protection                 provided for in art. 23 of Regulation (EEC)
measures, it is appropriate, where the provisions         1766/92 or in the corresponding provisions of
of the Agreement render it necessary, to lay             other regulations establishing a common
down specific provisions concerning the general          organization of the agricultural markets. Where
rules provided for in particular in Council              the application of the Agreement calls for close
Regulation (EEC) N° 518/94 of 7 March 1994               cooperation with Estonia, the Commission may
on common rules for imports * and in Council             take any measure necessary to ensure such
Regulation (EEC) N° 2423/88 of 11 July 1988              cooperation.
on protection against dumped or subsidized
imports from countries not members of the                                     TITLE II
European Community .
                                                                        Protective measures
Whereas account should be taken of the
undertakings set out in the Agreement when                                    Article 2
examining whether a safeguard measure should
be introduced;                                           The Council may, in accordance with the
                                                         procedures provided for in Article 113 of the
Whereas the procedures concerning safeguard              Treaty, decide to refer to the Joint Committee
clauses provided for in the Treaty are also              established by the Agreement with regard to the
applicable;                                              measures provided for in Articles 21 and 44 (2)
                                                         of the Agreement.         Where necessary, the
Whereas specific provisions for safeguard                Council shall adopt these measures in
measures concerning the textile products                 accordance with the same procedure.
covered by Protocol 1 of the Agreement are
included in that Protocol;                               The Commission may. on its own initiative or at
                                                         the request of a Member State, present the
                                                         necessary proposals to this end.
'OJN°L67, 10.03.94.
2
  OJ N° L 209, 2.8.1988, p. 1, Regulation last
amended by Regulation (EC) n° 522/94 (OJ n°
L66. 10.03.94, p. 10).
 ---pagebreak---                                                         Any Member State may refer this decision of the
                                                        Commission to the Council within ten working
                                                        days of its notification.
                          Article 3
                                                        If the Council, acting by a qualified majority,
1     Tn the case of a practice that may justify        indicates its intention to adopt a different
     application by the Community of the                decision, the Commission shall inform Estonia
     measures provided for in Article 32 of the         thereof forthwith and shall notify it of the
     Agreement,           the     Commission,  after    opening of consultations within the Joint
     examining the case, on its own initiative or       Committee as provided for in Article 26 (2) and
     at the request of a Member State, shall
                                                        (3) off the Agreement.
     decide whether such practice is compatible
     with the Agreement. Where necessary, it
                                                        The Council, acting by a qualified majority, may
     shall propose the adoption of safeguard
                                                         take a different decision within twenty working
     measures to the Council, which shall act in
                                                         days of the conclusion of the consultations with
     accordance with the procedure laid down in
                                                         Estonia within the Joint Committee.
     Article 113 of the Treaty', except in the
     cases of aid to which Regulation (EEC) N°
                                                         2.     The Corninission shall be assisted by t h e
     ?4?l/88 applies, when measures shall be
                                                                CommTttee e s t a b l i s h e d by R e g u l a t i o n
     taken according to the procedures laid down
                                                                Nr 3 4 9 1 / 9 3 * ( h e r e i n a f t e r r e f e r r e d
     in that Regulation. Measures shall be taken
                                                                t o as t h e "Committee").
     only under the conditions set out in Article
     32 (6) of the Agreement.
                                                          The Committee shall meet when convened by its
2.   In the case of a practice that may cause             chairman. The latter shall communicate any
     measures to be applied to the Community              appropriate information to the member States at
    by Estonia on the basis of Article 32 of *he          the earliest opportunity.
     Agreement.           the     Commission,  after
     examining the case, shall decide whether             3.    Where the Commission, on its own
     the practice is compatible with the                        initiative or at the request of a Member
     principles set out in the Agreement. Where                  State, decides that the safeguard measures
     necessary, it shall take appropriate                        provided for in Articles 23 or 24 of the
     decisions ™ the basis of the c r i t e r i a                Agreement should be applied :
    which result from the application of                   - H shall inform the Member States forthwith if
    a r t i c l e s '85, 86 and 92of the Treaty.           acting on its own initiative or, if it is responding
                          Article 4                        to a Member State's request, within five working
                                                           days of the date of receipt of that request
In the case of a practice which is liable to               - it shall consult the Committee,
warrant the application, by the Community, of              - at the same time it shall inform Estonia and
the measures provided for in Article 22 of the
                                                           notify the Joint Committee of the opening of
Agreement the introduction of anti-dumping
                                                            consultations as referred to in Article 26 (2) and
measures shall be decided upon in accordance
                                                            (3) of the Agreement,
with the provisions laid down in Regulation
                                                            - at the same time it shall provide the Joint
(EEC) N° 2473/88 and the procedures provided
for in Article 26 (2) and (3) (b) or (d) of the             Coinmittcc with all the information necessary
Agi cement                                                  for these consultations.
                                                            4,    Tn any event, the consultations within the
                          Article 5                               Joint Committee shall be- deemed to be
                                                                  completed thirty days after the notification
]     Where a Member State requests the                           referred to in the fourth subparagraph of
     Commission to apply safeguard measures as                    paragraph 1 and in paragraph 3.
     provided for in Articles 23 or 24 of the
      Agreement,          it    shall  provide   the         At the end of the consultations or on expiry of
     Commission, in support of its request with              the period of thirty days, and ii no other
     the information needed to justify it.                   arrangement proves possible, the Commission,
                                                             after consulting the Committee, may take
If the Commission decides not to apply                       appropriate measures to implement .Articles 23
safeguard measures, il shall inform the Council              and 24 of the Agreement.
and the Member Stales accordingly within five
working days of receipt of the request from the
Member Stale                                         OJ Nr L 3 1 9 ,     21.12.93,      P. 1
 ---pagebreak---                                                   first and     second      subparagraphs   of  this
5.   The decision referred to in paragraph 4      paragraph.
     shall be notified forthwith to the Council,
     the Member States and Estonia; it shall also                       Article 7
     be notified to the Joint Committee.
                                                  The procedures laid down in Articles 5 and 6
The decision shall be immediately applicable.     shall not apply to products covered by Protocol 1
                                                  of the Agreement.
6.   Any Member Slate may refer the
     Commission decision referred to in                                 Article S
     paragraph 4 to the Council within ten
     working days of receiving notification of    By way of derogation from Articles 5 and 6. if
     the decision.                                the circumstances demand that measures are
                                                  taken concerning agricultural products on the
7    I f the Commission has not taken a decision  basis of Articles 15 or 24 of the Agreement or
     within the meaning of the second             on the basis of provisions in the Annexes
     subparagraph of paragraph 4 within ten       covering these products, such measures shall be
     working days of the end of the consultations taken according to procedures provided for by
     with the Joint Committee or. as the case     the rules establishing a common organization of
     may be. the end of the period of thirty days the agricultural markets, or in specific
     referred to in that paragraph, any Member    provisions adopted under Article 235 of the
     Stale which has referred the matter to the   Treaty and applicable to products resulting from
     Commission in accordance with paragraph      the processing of agricultural products, provided
     3 may refer it to the Council.               that the conditions established under Article 14
                                                  or Article 23 (2) and (3) of the Agreement are
K    In the cases referred to in paragraphs 6 and met.
     7 Ihc Council, acting by a qualified
     majority, may adopt a different decision                           Article 9
     within two months
                                                  Notification to the Joint Committee as required
                      Article 6                   by the Agreement shall be the responsibility of
                                                  the Commission, acting on behalf of the
 I   Where exceptional circumstances arise        Community.
     within the meaning of Article 26 (3) (d) of
     the Agreement the Commission may take                             Article 10
     immediate safeguard measures in the cases
     referred to in Articles 23 and 24 of the     This Regulation docs not preclude the
     Agreement                                    application of safeguard measures provided for
                                                  in the Treaty, in particular in Articles 108 and
 V 1! the Commission receives a request from a     10*). according to the procedures laid down
     Member State, it shall lake a decision       therein.
     thereon within fixe working davs of receipt
     of the request.                                                   . Irticle 11
 I he Commission shall notify the Council and     This Regulation shall enter into force on the day
ihc Member States of its decision.                following that of its publication in the Official
                                                  Journal of the European Communities.
 v         Any Member State may refer the
Commission's decision to the Council in           It shall apply from 1 January 1995 or from the
accordance with the procedure provided for in     date of entry into force of the Agreement,
Article 5 (6).                                    whichever is the later.-*
The procedure set out in Article 5 (7) and (8)
shall be applicable
If the Commission has not taken a decision
within t he time limit mentioned in paragraph 2.
any Member State w Inch has referred the matter
to the Commission may refer it to the Council in
accordance with the procedures laid down in the   *The date of entry into force of the Agreement
                                                  or free trade and trade-related matters is 1
                                                  January 1995.
                                                                                                     S
 ---pagebreak--- This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels
                                                                                  For the Council
                                                                                  The President
                                                                                                  L-
 ---pagebreak---                                     COUNCIL REGULATION (EC) N°
                                                                                          94/  0320(ACC)
                                                    of
   on certain procedures for applying the Agreement on free trade and trade-related matters between the
    European Community, the European Atomic Energy Community and the European Coal and Steel
                Community, of the one part, and the Republic of Lithuania, of the other part
THE COUNCIL OF THE EUROPEAN UNION,                       Whereas certain special procedures should be
Having regard to the Treaty establishing the             introduced for the application of safeguard
European Community, and in particular Article            measures in the agricultural sectors,
 113 thereof,
                                                         HAS ADOPTED THIS REGULATION
Having regard to the proposal from             the
Commission,                                                                   TITLE I
Whereas an Agreement on free trade and trade-                          Agricultural products
related matters between the European
Community, the European Atomic Energy                                        Article 1
Community and the European Coal and Steel
Community, of the one part, and the Republic of          Provisions for the application of Article 14 (2)
Lithuania of the other part (hereinafter referred        and (3) of the Agreement concerning
to as 'the Agreement') was signed in Brussels on         agricultural products falling within Annex II of
18 July 1994;                                            the Treaty and subject in the framework of the
                                                         common market organization to a regime of
Whereas it is necessary to lay down the                  levies or of import duties and concerning
procedures for applying certain provisions of the        products falling within CN
Agreement;                                               codes 0711 90 50 and 2003 10 10 shall be
                                                         adopted in accordance with the procedure
Whereas, with regard to trade protection                 provided for in art. 23 of Regulation (EEC)
measures, it is appropriate, where the provisions        1766/92 or in the corresponding provisions of
of the Agreement render it necessary, to lay             other regulations establishing a common
down specific provisions concerning the general          organization of the agricultural markets. Where
rules provided for in particular in Council              the application of the Agreement calls for close
Regulation (EEC) N° 518/94 of 7 March 1994               cooperation with Lithuania, the Commission
on common rules for imports * and in Council             may take any measure necessary to ensure such
Regulation (EEC) N° 2423/88 of 11 July 1988              cooperation.
on protection against dumped or subsidized
imports from countries not members of the                                    TITLE II
European Community ^.
                                                                        Protective measures
Whereas account should be taken of the
undertakings set out in the Agreement when                                    Article 2
examining whether a safeguard measure should
be introduced;                                           The Council may, in accordance with the
                                                         procedures provided for in Article 113 of the
Whereas the procedures concerning safeguard              Treaty, decide to refer to the Joint Committee
clauses provided for in the Treaty are also              established by the Agreement with regard to the
applicable;                                              measures provided for in Articles 22 and 45 (2)
                                                         of the Agreement.         Where necessary, the
Whereas specific provisions for safeguard                Council shall adopt these measures in
measures concerning the textile products                 accordance with the same procedure.
covered by Protocol 1 of the Agreement are
included in that Protocol;                               The Commission may. on its own initiative or at
                                                         the request of a Member State, present the
                                                         necessary proposals to this end.
1
  OJN°L67, 10.03.94.
2
  OJ N° L 209. 2.8.1988, p. 1, Regulation last
amended by Regulation (EC) n° 522/94 (OJ n°
L66, 10.03.94, p. 10).
                                                                                                          >
 ---pagebreak---                                                      Any Member Stale may refer this decision of the
                     Article 3                       Commission to the Council within ten working
                                                     days of its notification.
L In the case of a practice that may justify
    application by the Community of the              If the Council, acting by a qualified majority,
    measures provided for in Article 33 of the       indicates its intention to adopt a different
    Agreement, the Commission,                 after decision, the Commission shall inform
    examining the case, on its own initiative or     Lithuania thereof forthwith and shall notify it of
     at the request of a Member State, shall         the opening of consultations within the Joint
     decide whether such practice is compatible      Cornmittee as provided for in Article 27 (2) and
     with the Agreement. Where necessary, it         (3) of the Agreement.
     shall propose the adoption of safeguard
     measures to the Council, which shall act in     The Council, acting by a qualified majority, may
     accordance with the procedure laid down in      take a different decision within twenty working
     Article 113 of the Treaty, except in the        days of the conclusion of the consultations with
     cases of aid to which Régulation (EEC) N°       Lithuania within the Joint Committee.
     2423/88 applies, when measures shall be
      taken according to the procedures laid down    2. The Commission shall be assisted by
      in that Regulation. Measures shall be taken          the Committee established by Regulation
      only under the conditions set out in Article         Nr 349.1/93 * (hereinafter referred to
      33 (6) of the Agreement                              as the "Committee").
2. In the case of a practice that may cause
       measures to be applied to the Community       The Committee shall meet when convened by its
       by Lithuania on the basis of Article 33 of    chairman. The latter shall communicate any
       (he Agreement, the Commission, after          appropriate information to the member States at
       examining the case, shall decide whether      the earliest opportunity.
       the practice is compatible with the
       principles set out in the Agreement Where      3. Where the Ctonimission, on its own
       necessary, it shall take appropriate                 initiative or at the request of a Member
       decisions en the basis of the criteria               State, decides that the safeguard measures
       which result from the application of                 provided for in Articles 24 or 25 of the
       articles 85, 86 and 92 of the Treaty.                Agreement should be applied :
                                                      - it shall inform the Member States forthwith if
                       Article 4                      acting on its own initiative or, if it is responding
                                                      to a Member State'srequest,withinfiveworking
 In the case of a practice which is liable to         days of the date of receipt of that request,
 warrant the application, by the Community, of        - it shall consult the Cornmittee,
 the measures provided for in Article 23 of. the      - at the same time it shall inform Lithuania and
 Agreement, the introduction of anti -dumping         notify the Joint Committee of the opening of
  measures shall be decided upon in accordance        consultations as referred to in Article 27 (2) and
 with the provisions laid down in Regulation          (3) of the Agreement,
  (EEC) Nô 2423/88 and the procedures provided        - at the same time it shall provide the Joint
 for in Article 27 (2) and (3) (b) or (d) of the      Committee with all the information necessary
  Agreement.                                          for these consultations.
                        Article 5                     4     In any event, the consultations within the
                                                            Joint Committee shall be deemed to be
   1. Where a Member State requests the                     completed thirty days after the notification
         Commission to apply safeguard measures as           referred to in the fourth subparagraph of
         provided for in Articles 24 or 25 of the           paragraph 1 and in paragraph 3.
         Agreement. it shall provide the
         Commission, in support of its request, with   At the end of the consultations or on expiry of
         the information needed to justify it.         die period of thirty days, and if no other
                                                       arrangement proves possible, the Cornmission,
   If the Cornmission decides not to apply             after consulting the Cornmittee. may take
   safeguard measures, it shall inform the Council     appropriate measures to implement Articles 24
   and the Member States accordingly within five       and 25 of the Agreement
   working days of receipt of the request from the
   Member State.
                                                      * OJ Nr L319, 2 1 . 1 2 . 9 3 , P. 1
 ---pagebreak---                                                   first and     second    subparagraphs     of  this
5.   The decision referred to in paragraph 4      paragraph.
     shall be notified forthwith to the Council,
     the Member States and Lithuania; it shall                         Article 7
     also be notified to the Joint Committee.
                                                  The procedures laid down in Articles 5 and 6
The decision shall be immediately applicable.     shall not apply to products covered by Protocol 1
                                                  of the Agreement.
6.   Any Member State may refer the
     Commission decision referred to in                                Article 8
     paragraph 4 to the Council within ten
     working days of receiving notification of    By way of derogation from Articles 5 and 6, if
     the decision.                                the circumstances demand that measures are
                                                  taken concerning agricultural products on the
7.   If the Commission has not taken a decision   basis of Articles 15 or 24 of the Agreement or
     within the meaning of the second             on the basis of provisions in the Annexes
     subparagraph of paragraph 4 within ten       covering these products, such measures shall be
     working days of the end of the consultations taken according to procedures provided for by
     with the Joint Committee or, as the case     the rules establishing a common organization of
     may be, the end of the period of thirty days the agricultural markets, or in specific
     referred to in that paragraph, any Member    provisions adopted under Article 235 of the
     State which has referred the matter to the   Treaty and applicable to products resulting from
     Commission in accordance with paragraph      the processing of agricultural products, provided
     3 may refer it to the Council.               that the conditions established under Article 15
                                                  or Article 27 (2) and (3) of the Agreement are
8.   In the cases referred to in paragraphs 6 and met.
     7 the Council, acting by a qualified
     majority, may adopt a different decision                          Article 9
     within two months.
                                                  Notification to the Joint Committee as required
                      Article 6                   by the Agreement shall be the responsibility of
                                                  the Commission, acting on behalf of the
1     Where exceptional circumstances arise       Community.
     within the meaning of Article 27 (3) (d) of
     the Agreement, the Commission may take                           Article 10
     immediate safeguard measures in the cases
     referred to in Articles 24 and 25 of the     This Regulation does not preclude the
     Agreement.                                   application of safeguard measures provided for
                                                  in the Treaty, in particular in Articles 108 and
2     If the Commission receives a request from a  109. according to the procedures laid down
     Member State, it shall take a decision       therein.
     thereon within five working days of receipt
     of the request.                                                  Article 11
The Commission shall notify the Council and       This Regulation shall enter into force on the day
the Member States of its decision.                following that of its publication in the Official
                                                  Journal of the European Communities.
3.         Any Member Stale may refer the
Commission's decision to the Council in           It shall apply from 1 January 1995 or from the
accordance with the procedure provided for in     date of entry into force of the Agreement,
Article 5 (6).                                    whichever is the later.3
The procedure set out in Article 5 (7) and (8)
shall be applicable.
If the Commission has not taken a decision
within t he time limit mentioned in paragraph 2,
any Member State which has referred the matter
to the Commission may refer it to the Council in  3
accordance with the procedures laid down in the     The date of entry into force of the Agreement
                                                  or free trade and trade-related matters is 1
                                                  January 1995.
 ---pagebreak--- This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels
                                                                                  For the Council
                                                                                  The President
                                                                                                  ^Cc
 ---pagebreak---                                     COUNCIL REGULATION (EC) Nc
                                                   of                                         9 4 / 0321(ACC)
  on certain procedures for applying the Agreement on free trade and trade-related matters between the
    European Community, the European Atomic Energy Community and the European Coal and Steel
                 Community, of the one part, and the Republic of Latvia, of the other part
THE COUNCIL OF THE EUROPEAN UNION,                      Whereas certain special procedures should be
Having regard to the Treaty establishing the            introduced for the application of safeguard
European Community, and in particular Article           measures in the agricultural sectors,
113 thereof,
                                                        HAS ADOPTED THIS REGULATION
Having regard to the proposal from the
Commission,                                                                   TITLE I
Whereas an Agreement on free trade and trade-                         Agricultural products
related matters between the European
Community, the European Atomic Energy                                        Article 1
Community and the European Coal and Steel
Community, of the one part, and the Republic of         Provisions for the application of Article 14 (2)
Latvia of the other part (hereinafter referred to       and (3) of the Agreement concerning
as 'the Agreement') was signed in Brussels on           agricultural products falling within Annex II of
18 July 1994;                                           the Treaty and subject in the framework of the
                                                        common market organization to a regime of
Whereas it is necessary to lay down the                 levies or of import duties and concerning
procedures for applying certain provisions of the       products falling within CN
Agreement;                                              codes 0711 90 50 and 2003 10 10 shall be
                                                        adopted in accordance with the procedure
Whereas, with regard to trade protection                provided for in art. 23 of Regulation (EEC)
measures, it is appropriate, where the provisions       1766/92 or in the corresponding provisions of
of the Agreement render it necessary, to lay            other regulations establishing a common
down specific provisions concerning the general         organization of the agricultural markets. Where
rules provided for in particular in Council             the application of the Agreement calls for close
Regulation (EEC) N° 518/94 of 7 March 1994              cooperation with Latvia, the Commission may
on common rules for imports * and in Council            take any measure necessary to ensure such
Regulation (EEC) N° 2423/88 of 11 July 1988             cooperation.
on protection against dumped or subsidized                                   TITLE II
imports from countries hot members of the
European Community 2.                                                  Protective measures
Whereas account should be taken of the                                       Article 2
undertakings set out in the Agreement when
examining whether a safeguard measure should            The Council may, in accordance with the
be introduced;                                          procedures provided for in Article 113 of the
                                                        Treaty, decide to refer to the Joint Committee
Whereas the procedures concerning safeguard             established by the Agreement with regard to the
clauses provided for in the Treaty arc also             measures provided for in Articles 22 and 44 (2)
applicable;                                             of the Agreement. Where necessary, the
                                                        Council shall adopt these measures in
Whereas specific provisions for safeguard               accordance with the same procedure.
measures concerning the textile products
covered by Protocol 1 of the Agreement are              The Commission may, on its own initiative or at
included in that Protocol;                              the request of a Member State, present the
                                                        necessary proposals to this end.
' O J ^ L 67,10.03.94
2
 OJ N° L 209, 2.8.1988, p. 1, Regulation last
amended by Regulation (EC) n° 522/94 (OJ nc
L66, 10.3.94, plO).
 ---pagebreak---                            Article 3                        Any Member State may refer this decision of the
                                                            Conirnission to the Council within ten working
1. In the case of a practice that may justify^              days of its notification.
      application by the Community of the !
      measures provided for in Article 32 of the '          If the Council, acting by a qualified majority,
      Agreement,            the    Commission,    after     indicates its intention to adopt a different
       examining the case, on its own initiative or         decision, the Commission shall inform Latvia
       at the request of a Member State, shall              thereof forthwith and shall notify it of the
                                                            opening of consultations within the Joint
       decide whether such practice is compatible
                                                            Committee as provided for in Article 27 (2) and
       with the Agreement. Where necessary, it
                                                            (3) of the Agreement
       shall propose the adoption of safeguard
       measures to the Council, which shall act in
       accordance with the procedure laid down in           The Council acting by a qualified majority, may
       Article 113 of the Treaty, except in the             lake a different decision within twenty working
       cases of aid to which Regulation (EEC) N°            days of the conclusion of the consultations with
       2423/88 applies, when measures shall be              Latvia within the Joint Cornmittee.
       taken according to the procedures laid down
        in that Regulation. Measures shall be taken         2.    The Commission shall be assisted by t h e
        only under the conditions set out in Article              comnùuee e s t a b l i s h e d by R e g u l a t i o n
        32 (6) of the Agreement.                                  Nfr,:349l/93 •.*--.(he rein#.fter.-; r e f e r r e d
                                                                  rto-:as :t;hev M Commtttee">-.-,r:< >•
 2.     In the case of a practice that may cause
        measures to be applied to the Community
        by Latvia on the basis of Article 32 of the         The Committee shall meet when convened by its
         Agreement,          the     Commission,   after    chairman. The latter shall communicate any
                                                            appropriate information to the member States at
         examining the case, shall decide whether
                                                            the earliest opportunity.
         the practice is compatible with the
         principles set out in the Agreement. Where
         necessary, it shall_ take appropriate              3,    Where the Commission, on its own
         decisions ' ori the basis ôf thé c r i t e r i a         initiative or at the request of a Member
        which result from the application of                      State, decides that the safeguard measures
        a r t i c l e s 85, 86 and 92 of the Treaty.              provided for in Articles 24 or 25 of the
                             Article 4                            Agreement should be applied :
                                                            - it shall inform the Member States forthwith if
  In the case of a practice which is liable to              acting on its own initiative or, if it is responding
                                                            to a Member State's request, within five working
  warrant the application, by the Comxnunity, of
                                                            days of the date of receipt of that request,
  the measures provided for in Article 23 of the
                                                            - it shall consult the Committee,
  Agreement, the introduction of anti-dumping
  measures shall be decided upon in accordance              - at the same time it shall inform Latvia and
  with the provisions laid down in Regulation               notify the Joint Committee of the opening of
   (EEC) N° 2423/88 and the procedures provided             consultations as referred to in Article 27 (2) and
   for in Article 27 (2) and (3) (b) or (d) of the           (3) of the Agreement,
   Agreement.                                               - at the same time it shall provide the Joint
                                                             Committee with all the information necessary
                              Article 5                     for these consultations.
    1.     Where a Member State requests the                4.    In any event, the consultations within the
           Commission to apply safeguard measures as              Joint Corrnnittce shall be deemed to be
           provided for in Articles 24 or 25 of the               completed thirty days after the notification
           Agreement           it   shall  provide     the        referred to in the fourth subparagraph of
           Commission, in support of its request with.            paragraph I and in paragraph 3,
           the information needed to justify it.
                                                             At the end of the cûnsultations or on expiry of
                                                             the period of thirty days, and if no other
    If the Commission decides not to apply
                                                             arrangement proves possible, the Commission,
    safeguard measures, it shall inform the Council
                                                             after consulting the Committee, may take
    and the Member States accordingly within five
                                                             appropriate measures to implement Articles 24
    working days of receipt of the request from the
                                                             and 25 of the Agreement.
    Member Slate.
                                                           * OJ Nr L319, 2 1 . 1 2 . 9 3 ,         P- 1
                                                                                                                        / ^
 ---pagebreak---                                                   first and      second    subparagraphs     of this
 5.  The decision referred to in paragraph 4      paragraph.
      shall be notified forthwith to the Council,
     the Member States and Latvia; it shall also                       Article 7
     be notified to the Joint Committee.
                                                  The procedures laid down in Articles 5 and 6
The decision shall be immediately applicable.     shall not apply to products covered by Protocol 1
                                                  of the Agreement.
6.   Any Member State may refer the
     Commission decision referred to in                                Article H
     paragraph 4 to the Council within ten
     working days of receiving notification of    By way of derogation from Articles 5 and 6. if
     the decision.                                the circumstances demand that measures are
                                                  taken concerning agricultural products on the
 7.  If the Commission has not taken a decision   basis of Articles 15 or 24 of the Agreement or
     within the meaning of the second             on the basis of provisions in the Annexes
     subparagraph of paragraph 4 within ten       covering these products, such measures shall be
     working days of the end of the consultations taken according to procedures provided for by
     with the Joint Committee or, as the case     the rules establishing a common organization of
     may be, the end of the period of thirty days the agricultural markets, or in specific
     referred to in that paragraph, any Member    provisions adopted under Article 235 of the
     State which has referred the matter to the   Treaty and applicable to products resulting from
     Commission in accordance with paragraph      the processing of agricultural products, provided
     3 may refer it to the Council.               that the conditions established under Article 15
                                                  or Article 27 (2) and (3) of the Agreement are
8.   In the cases referred to in paragraphs 6 and met.
     7 the Council, acting by a qualified
     majority, may adopt a different decision                          Article 9
     within two months.
                                                  Notification to the Joint Committee as required
                      Article 6                   by the Agreement shall be the responsibility of
                                                  the Commission, acting on behalf of the
 I   Where exceptional circumstances arise        Community.
     within the meaning of Article 27 (3) (d) of
     the Agreement, the Commission may take                            Article 10
     immediate safeguard measures in the cases
     referred to in Articles 24 and 25 of the     This Regulation does not preclude the
     Agreement.                                   application of safeguard measures provided for
                                                  in the Treaty, in particular in Articles 108 and
2.   If the Commission receives a request from a  109. according to the procedures laid down
     Member State, it shall take a decision       therein.
     thereon within five working days of receipt
     of the request.                                                   Article 11
The Commission shall notify the Council and       This Regulation shall enter into force on the day
the Member States of its decision.                following that of its publication in the Official
                                                  Journal of the European Communities.
3.        Any Member State may refer the
Commission's decision to the Council in           It shall apply from 1 January 1995 or from the
accordance with the procedure provided for in     date of entry into force of the Agreement,
Article 5 (6).                                    whichever is the later.3
The procedure set out in Article 5 (7) and (8)
shall be applicable.
If the Commission has not taken a decision
within t he time limit mentioned in paragraph 2.
any Member State which has referred the matter
to the Commission may refer it to the Council in  3
accordance with the procedures laid down in the     The date of entry into force of the Agreement
                                                  or free trade and trade-related matters is 1
                                                  Januarv 1995.
 ---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---                                                                      ISSN 0254-1475
                                                               COM (94) 658 final
                                                      DOCUMENTS
EN                                                                         i l 02
                                 Catalogue number : CB-CO-94-685-EN-C
                                                             ISBN 92-77-84070-6
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