CELEX: 51973PC1844
Language: en
Date: 1973-11-05 00:00:00
Title: RECOMMENDATION FOR A REGULATION (EEC) OF THE COUNCIL concluding an Agreement between the European Economic Community and the Republic of Finland and adopting provisions for its implementation#PROPOSAL FOR A REGULATION (EEC) OF THE COUNCIL on the safeguard measures provided for in the Agreement between the European Economic Community and the Republic of Finland (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (73) 1844
Vol. 1973/0319
 ---pagebreak--- Disclaimer
Conformément au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983
concernant l'ouverture au public des archives historiques de la Communauté économique
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983,
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit
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In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983
concerning the opening to the public of the historical archives of the European Economic
Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p. 1), as
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243,
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file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1.
Februar 1983 über die Freigabe der historischen Archive der Europäischen
Wirtschaftsgemeinschaft und der Europäischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983,
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 ---pagebreak--- COMMISSION OF TBS EUROPEAN COMMIJNITIBS
                                                              COM(73)1844 final
                                                              Brussels . 5 November 1973
                                RECOMMENDATION FOR A
                          REGULATION (EEC) OF THE COUNCIL
         concluding an Agreement "between the European Economic Community
   and the Republic of    Finland and adopting provisions for its implementation
                                  PROPOSAL FOR A
                                     ■« ; «
       I
                          REGULATION ( EEC ) OF TEE COUNCIL ,
                  on the safeguard measures provided for in the
                                             \                                    .
  Agremen+ "between +h « European Economic Community and the Republic of Finland
                   ( submitted to the Council by the Commission)
   COM(73 ) 1844 final
 ---pagebreak---        COi'dTISSIOI'T CCM>iUNI CATION TO THE COUNCIL CONCERNING THE
INTERNAL PROCEDURES TO BE COMPLETED FOR THE PURPOSE OF IMPLEMENTING THE
                     AGREEMENT BST'.TT^I TPS K^C AND FINLAND
1.   The Agreement "between the EEC and Finland is , in the normal course
     of events , to enter into force on 1 January 19T4»        To this end,
     a number of instruments will have to "be adopted in order to conclude
     tM <? Agreement or to define the internal procedure for implementing
     certain provisions .        The aim of this Communication is to draw up
     a list of the decisions that should "be taken between now and
     31 December 1973 .
2.   The measures that need to be taken concern a regulation concluding
     the Agreement and defining Community representation , and a
     regulation for implementing internally the procedures relating to
     safeguard clauses .
3.   Annex I contains the proposal for a regulation concluding the
     Agreement .
4.   Annex II contains the proposal for a regulation implementing the
     safeguard clauses in the Agreement .
     The texts of these two regulations are the same as the Regulations
     adopted concerning the EEC-Norway Agreement .
5.   Finally , the Commission shall send the Council a proposal for a
     regulation implementing the strict supervision arrangements .
     With this group of documents the Council x-rill have at its disposal
     all the information regarding the decisions to be taken in connection
     with the entry into force of the Agreement between the EEC and
     Finland .
 ---pagebreak---                    R^OníaT/llTICW POR A
            REGULATION ( ESC ) W TifE COOITOIL
  concluding an Agreement between the European Economic Community and
  the Republic of Finland and adopting provisions for its implementation
TIE COUNCIL OP THE EUROPEAN CCFMUNITIES ,
Having regard to the Treaty establishing the. European Economic Community,
and in particular Article 113 thereof ; ■
Having regard to the proposal from the Commission ;
Whereas the Agreement between the European Economic Community and the
Republic of Finland signed in Brussels on 5 October 1973 should be
concluded and the Declarations annexed to the Final Act , likewise
signed in Brussels on 5 October 1973 should be adopted ;
Whereas , since the Agreement establishes a Joint Committee , representatives
of the Community on this Committee should be appointed ;
HAS ADOPTGD THIS REGULATION :
                               Article 1
The Agreement between the European Economic Community and the Republic
of Finland , the Annexes and Protocols thereto , and the Declarations
annexed to the Final Act are hereby concluded , adopted and confirmed on
behalf of the Community.      The texts of the Agreement and of the Final
Act are annexed to this Regulation.
 ---pagebreak---                                  - 2 -
                               Article 2
Pursuant to Article 35 or the Agreement , the President of the Council
of the European Communities shall "give notification that the procedures
necessary for the entry into force of the Agreement have teen completed
on the part of the Community .
                               Article 3
Within the Joint Committee provided in Article 29 of the Agreement ,
the Community shall "be represented "by the Commission, assisted by the
representatives of the Member States .
                               Article 4
This Regulation shall enter into force on
This Regulation shall be binding in its entirety and direct] y applicable
in all Member States .
Done at                                            -
                                    For. the Council
                                       The President
 ---pagebreak---                       PROPOSAL FOR A •
               REGULATION (EEC ) OF1 ''PFtH! OOtH13IL "
      on the safeguard measures provided for in the Agreement between
    ' the European Economic Community and the Republic of Finland
THE COUNCIL OF THE EUROPEAN CCMYIUNITIES ,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 , thereof ;
Having regard to the proposal from the Commission ;
T-ihereas an Agreement between the European Economic Community and the
Republic of Finland was signed in Erussels on .5 October 1973 J
Wherear-, for the purposes of implementing the safeguard clauses provided
for in the Treaty establishing the European Economic Community, the
procedures to be followed are laid down by the Treaty itself ;
Whereas , on the other hand , the detailed, rules for implementing -the
safeguard clauses s.nd precautionary measures provided for in Articles
22 to 2? of the Agreement remain to be laid down ;             .< ...
HAS ADOPTED THIS REGULATION :
                               Article 1
The .Council may , in accordance with the procedure provided for in ,
Article 113 of the Treaty, decide to refer to the Joint Committee
established by the Agreement between the European Economic Community
and the Republic of Finland hereinafter referred to as the "Agreement"
- for the purpose of taking the measures provided for in Articles 22 , 24
and 26 of the Agreement .     Where necessary, the Council shall adopt
these measures in accordance with the same procedure . ...
 ---pagebreak---                                      - 2 -
The Commission may submit the necessary proposals to this? end on its
own initiative or at the request of a Member State .
                                   Article 2
1.     In the case cf a practice that may justify application "by the
Community of the measures provided for in Article 23 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 procedure laid down in Article 113 of the Treaty.
2.     In the case of a practice that may cause safeguard measures to
be applied to the Community on the basis of Article 23 of the Agreement ,
the Commission, after examining the case , shall decide whether the
practice id compatible with the principles sot out in the Agreement .
Where necessary, it shall formulate appropriate recommendations .
                                   Article 3
In the case of a practice that may justify application by the Community
of the measures provided for in Article 25 of the Agreement , the ,
procedures established by Regulation (EEC) Ho. 459/68^^ shall be
applicable .              ■     .•
                                   Article 4
1 . Where exceptional circumstances require immediate action m the
situations referred to in Articles 24 and 26 of the Agreement or in the
case of export aids that have a direct ejnd immediate effect on trade ,
the precautionary measures provided for in Articles 27 ( 3 ) ( d) of the
Agreement may be adopted as follows *               .   . . .       • ,
 (1 '0J ÏTo L 93,-17 April ,1968. p.'l.
 ---pagebreak---                                  - 3 -
2.   The Commission may, on its o\m initiative or at the request of
a Member State , submit the necessary proposals , upon which the Council
shall decide in accordance with the procedure laid down in Article 113
of the Treaty.
3.   The Member State concerned may. except in the case of export aids
having a direct and immediate effect on trade , introduce quantitative
restrictions on imports .   It shall immediately notify the other Member
States and the Commission of these measures .
The Commission shall decide , by an emergency procedure and within a
maximum period of three working days in the case of Article 24 , and
five working days in the case of Article 26 , of the notification
referred to in the first subparagraph , whether the measures are to be
retained , modified or abolished
All the Member States shall be' notified of the Commission 's Decision,
which shall be immediately enforceable .
Any Member State may refer the Commission * s Decision to the Council
within a maximum period of five working days in the case of Article 24 ,
and ten working days in the care of Article 26 , of notification of
the Decision .   The Council shall meet forthwith .    It may by a
qualified majority amend or rescind the Decision taken by the Commission.
If the Member State which took measures in pursuance of this paragraph
refers the matter to the Council , the Decision of the Commission shall
be suspended.    The suspension shall end , in the cr.se of Article 24,
fifteen days and, in the case of Article 26 , thirty days after the
matter has been referred to the Council if the latter has not yet amended
or rescinded the Decision of the Commission .
 ---pagebreak---  For the purpose of implementing this paragraph , priority must be given
 in the selection of measures to those which least disturb the functioning
 of the . common market .
Before taking its Decision concerning the measures taken in implementation
 of this paragraph by the Member State concerned., the Commission shall
hold consultations .
 These consultations shall take place within an advisory committee
 composed of representatives of each Member State and presided over by
 a representative of the Commission .
The Committee shall meet when convened by its Chairman .     The latter
 shall forward to the Member States , within the shortest possible time ,
any appropriate information.
                                Art ici 3 5
The provisions of this Regulation shall not affect implementation of
the safeguard clauses provided for in the Treaty , in particular in
.Articles 108 and 109 thereof , in accordance with the procedures therein
provided for . •
                              ■ Article 6 •
Notification to the Joint Committee by the Community as required by
Article 27 ( 2 ). of the Agreement shall be the responsibility of the
Commission .                                ( .
 ---pagebreak---                                Article 7
Before 31 December 1974 , the Council , acting by a qualified majority
on a proposal from the Commission, shall decide upon such amendments
to be made to this Regulation, in particular to Article 4 ( 3 ) thereof
rhich nay in the licht of experience prove necessary in order to avoid
the wish of compromising the unity of the common market .
This Regulation shall "be "binding in its entirety and directly
applicable in all Kember States .
Done at
                                     Por the Council
                                      The President