CELEX: 51994EC3285
Language: en
Date: 2006-12-08
Title: Proposal for a Council Regulation (EC) No …/… of […] on the common rules for imports (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM(2005)

                                                                  Proposal for a

                                                          COUNCIL REGULATION (EC) No …/…

                                                                      of […]

                                                         on the common rules for imports

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

1.    In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make  it
       clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the  specific  rights
       it gives him.

       This aim cannot be achieved so long as numerous provisions that have  been  amended  several  times,  often  quite  substantially,  remain
       scattered, so that they must be sought partly in the original instrument and partly in later amending ones.  Considerable  research  work,
       comparing many different instruments, is thus needed to identify the current rules.

       For this reason a codification of rules that have frequently been amended  is  also  essential  if  Community  law  is  to  be  clear  and
       transparent.

2.    On 1 April 1987 the Commission therefore decided[1] to instruct its staff that all legislative acts should be codified after no  more  than
       ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the
       texts for which they are responsible, to ensure that the Community rules are clear and readily understandable.

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       Codification must be undertaken in full compliance with the normal Community legislative procedure.

       Given that no changes of substance may be made to the instruments affected by codification, the European Parliament, the Council  and  the
       Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-
       track adoption of codification instruments.

4.    The purpose of this proposal is to undertake a codification of Council Regulation (EC) No 3285/94 of 22 December 1994 on the  common  rules
       for imports and repealing Regulation (EC) No 518/94[3]. The new Regulation will supersede the various acts  incorporated  in  it[4];  this
       proposal fully preserves the content of the acts being codified and hence does no more than bringing them together with only  such  formal
       amendments as are required by the codification exercise itself.

5.    The codification proposal was  drawn  up  on  the  basis  of  a  preliminary  consolidation,  in  all  official  languages,  of  Regulation
       (EC) No 3285/94 and the instruments amending it, carried out by the Office for Official Publications of the European Communities, by means
       of a data-processing system. Where the Articles have been given new numbers, the correlation between the old and the new numbers is  shown
       in a table contained in Annex III to the codified Regulation.

                                            ê 3285/94 (adapted)

                                                                  Proposal for a

                                                          COUNCIL REGULATION (EC) No …/…

                                                                      of […]

                                                         on the common rules for imports

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the instruments establishing  the  common  organisation  of  agricultural  markets  and  the  instruments  concerning  processed
agricultural products, in particular in so far as they provide for derogation from  the  general  principle  that  quantitative  restrictions  or
measures having equivalent effect may be replaced solely by the measures provided for in the said instruments,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament[5],

Whereas:

                                            ê 

   1) Council Regulation (EC) No 3285/94 of 22 December 1994 on the common rules for imports and repealing Regulation (EC) No 518/94[6] has  been
      substantially amended several times[7]. In the interests of clarity and rationality the said Regulation should be codified.

                                            ê 3285/94 Recital 1 (adapted)

   2) The common commercial policy should be based on uniform principles.

                                            ê 3285/94 Recital 3 (adapted) and 2474/2000 Recital 1 (adapted)

   3) Ö The Community has concluded the Agreement establishing the World Trade Organisation, hereinafter referred to as the “WTO”. Õ Annex 1A  to
      that Agreement contains inter alia the General Agreement on Tariffs and Trade 1994 (GATT 1994) and an Agreement on Safeguards.

                                            ê 3285/94 Recital 4

   4) The Agreement on Safeguards meets the need to clarify and reinforce the disciplines of GATT 1994, and specifically those  of  Article  XIX.
      That Agreement requires the elimination of safeguard measures which escape those  rules,  such  as  voluntary  export  restraints,  orderly
      marketing arrangements and any other similar import or export arrangements.

                                            ê 3285/94 Recital 5 (adapted)

   5) The Agreement on Safeguards also covers Ö coal and steel Õ products.  The  common  rules  for  imports,  especially  as  regards  safeguard
      measures, therefore also apply to those products without prejudice to any possible measures to apply an agreement  specifically  concerning
      Ö coal and steel Õ products.

                                            ê 3285/94 Recital 26 (adapted)

   6) The textile products covered by Council Regulation (EC) No 517/94 of 7 March 1994 on common rules for  imports  of  textile  products  from
      certain third countries not covered by bilateral agreements, protocols or  other  arrangements,  or  by  other  specific  Community  import
      rules[8] are subject to special treatment at Community and international level. They should therefore be excluded from the  scope  of  this
      Regulation.

                                            ê 3285/94 Recital 8

   7) The Commission should be informed by the Member States of any  danger  created  by  trends  in  imports  which  might  call  for  Community
      surveillance or the application of safeguard measures.

                                            ê 3285/94 Recital 9

   8) In such instances the Commission should examine the terms and conditions under which imports occur,  the  trend  in  imports,  the  various
      aspects of the economic and trade situations and, where appropriate, the measures to be applied.

                                            ê 3285/94 Recital 10 (adapted)

   9) If Ö prior Õ Community surveillance is applied, release for  free  circulation  of  the  products  concerned  should  be  made  subject  to
      presentation of a Ö surveillance Õ document meeting uniform criteria. That document should, on  simple  application  by  the  importer,  be
      Ö issued Õ by the authorities of the Member States within a certain period but without the importer thereby acquiring any right to  import.
      The Ö surveillance Õ document should therefore be valid only during such period as the import rules remain unchanged.

                                            ê 3285/94 Recital 11

  10) The Member States and the Commission should exchange the information resulting from Community surveillance as fully as possible.

                                            ê 3285/94 Recital 12

  11) It falls to the Commission and the Council to adopt the safeguard measures required by the interests  of  the  Community.  Those  interests
      should be considered as a whole and should in particular encompass the interests of Community producers, users and consumers.

                                            ê 3285/94 Recital 13

  12) Safeguard measures against a Member of the WTO may be considered only if the product in question is imported into  the  Community  in  such
      greatly increased quantities and on such terms or conditions as to cause, or threaten to cause, serious injury to  Community  producers  of
      like or directly competing products, unless international obligations permit derogation from this rule.

                                            ê 3285/94 Recital 14 (adapted)

  13) The terms “serious injury”, “threat of serious injury” and “Community producers” should be defined and  precise  criteria  for  determining
      injury Ö should Õ be established.

                                            ê 3285/94 Recital 15 (adapted)

  14) An investigation Ö should Õ precede the application of any safeguard measure, subject to the reservation that the Commission be allowed  in
      urgent cases to apply provisional measures.

                                            ê 3285/94 Recital 16 (adapted)

  15) There should be detailed provisions on the opening of investigations, the checks and inspections required, access by exporter countries and
      interested parties to the information gathered, hearings for the parties involved and the opportunities for those parties to  submit  their
      views.

                                            ê 3285/94 Recital 17

  16) The provisions on investigations introduced by this Regulation are without prejudice to Community or national rules concerning professional
      secrecy.

                                            ê 3285/94 Recital 18

  17) It is also necessary to set time limits for the initiation of investigations and for determinations as  to  whether  or  not  measures  are
      appropriate, with a view to ensuring that such determinations are made quickly, in order to  increase  legal  certainty  for  the  economic
      operators concerned.

                                            ê 3285/94 Recital 19

  18) In cases in which safeguard measures take the form of a quota the level of the latter should be set in principle no lower than the  average
      level of imports over a representative period of at least three years.

                                            ê 3285/94 Recital 20

  19) In cases in which a quota is allocated among supplier countries each country's quota may be determined  by  agreement  with  the  countries
      themselves or by taking as a reference the level of imports over a representative period. Derogations from these rules should  nevertheless
      be possible where there is serious injury and a disproportionate increase in imports, provided that due consultation under the auspices  of
      the WTO Committee on Safeguards takes place.

                                            ê 3285/94 Recital 21

  20) The maximum duration of safeguard measures should be determined and specific provisions regarding extension, progressive liberalisation and
      reviews of such measures be laid down.

                                            ê 3285/94 Recital 22

  21) The circumstances in which products originating in a developing country which is a Member of the  WTO  are  to  be  exempt  from  safeguard
      measures should be established.

                                            ê 3285/94 Recital 23

  22) Surveillance or safeguard measures confined to one or more regions of the Community may prove more suitable than measures applying  to  the
      whole Community. However, such measures should be authorised only exceptionally and where no alternative exists. It is necessary to  ensure
      that such measures are temporary and cause the minimum of disruption to the operation of the internal market.

                                            ê 3285/94 Recital 24 (adapted)

  23) In the interests of uniformity in rules for imports, the formalities to be carried out by importers should be simplified and made identical
      regardless of the place where the goods clear customs. It is therefore desirable to provide that any  formalities  should  be  carried  out
      using forms corresponding to the specimen annexed to the Regulation.

                                            ê 3285/94 Recital 25 (adapted)

  24) Ö Surveillance Õ documents issued in connection with Community surveillance measures should be valid throughout the Community  irrespective
      of the Member State of issue,

                                            ê 3285/94

HAS ADOPTED THIS REGULATION:

                                            ê 3285/94 (adapted)

                                                                  Ö CHAPTER Õ I

                                            ê 3285/94

                                                                General principles

                                            ê 2200/2004 Art. 2 pt. 1

                                                                    Article 1

1. This Regulation applies to imports of products originating in third countries, except for:

(a)   textile products subject to specific import rules under Regulation (EC) No 517/94, ;

                                            ê 2200/2004 Art. 2 pt. 1 (adapted)

(b)   the products originating in certain third countries listed in [Council Regulation (EC) No 519/94 Ö [9] Õ].

                                            ê 3285/94 (adapted)

2. The products referred to in paragraph 1 shall be freely imported into the Community  and  accordingly,  without  prejudice  to  the  safeguard
measures which may be taken under Ö Chapter Õ V, shall not be subject to any quantitative restrictions.

                                                                  Ö CHAPTER Õ II

                                            ê 3285/94

                                                 Community information and consultation procedure

                                            ê 3285/94 (adapted)

                                                                    Article 2

Member States Ö shall inform the Commission if Õ trends in imports appear to call for surveillance or safeguard measures. This information  shall
contain the evidence available, as determined on the basis of the criteria laid down in Article 10. The Commission shall  immediately  pass  this
information on to all the Member States.

                                                                    Article 3

1. Consultations shall take place within an Advisory Committee, hereinafter “the Committee”, made up of  representatives  of  each  Member  State
with a representative of the Commission as chairman.

2. The Committee shall meet when convened by its chairman. He shall provide the Member States  with  all  relevant  information  as  promptly  as
possible.

                                                                    Article 4

1. Consultations may be held either at the request of a Member State or on the initiative of the Commission.

2. Consultations shall take place within eight working days of the Commission receiving the information provided for in Article  2  and,  in  any
event, before the introduction of any Community surveillance or safeguard measure.

3. Consultations shall cover in particular:

(a)   terms and conditions of import, import trends and the various aspects of the economic and commercial situation with regard to  the  product
       in question, ;

(b)   the measures, if any, to be taken.

4. Consultations may be conducted in writing if necessary. The Commission shall in this event inform the Member States, which may  express  their
opinion or request oral consultations within a period of five to eight working days, to be decided by the Commission.

                                                                 Ö CHAPTER Õ III

                                            ê 3285/94

                                                        Community investigation procedure

                                                                    Article 5

1. Without prejudice to Article 8, the Community investigation procedure shall be implemented before any safeguard measure is applied.

                                            ê 3285/94 (adapted)

2. Using as a basis the factors Ö referred to Õ in Article 10, the investigation shall seek to  determine  whether  imports  of  the  product  in
question are causing or threatening to cause serious injury to the Community producers concerned.

                                            ê 3285/94

3. The following definitions shall apply:

(a)   “serious injury” means a significant overall impairment in the position of Community producers;

(b)   “threat of serious injury” means serious injury that is clearly imminent;

(c)   “Community producers” means the producers as a whole of the like or directly competing products  operating  within  the  territory  of  the
       Community, or those whose collective output of the like or directly competing  products  constitutes  a  major  proportion  of  the  total
       Community production of those products.

                                            ê 3285/94 (adapted)

                                                                    Article 6

1. Where, after the consultations referred to in Ö Articles 3 and 4 Õ, it is apparent to the Commission that  there  is  sufficient  evidence  to
justify the initiation of an investigation, the Commission shall initiate an investigation within one month of  receipt  of  information  from  a
Member State and publish a notice in the Official Journal of the European Union. Ö This Õ notice shall:

                                            ê 3285/94

(a)   give a summary of the information received, and require that all relevant information is to be communicated to the Commission;

                                            ê 3285/94 (adapted)

(b)   state the period within which interested parties may make known  their  views  in  writing  and  submit  information,  if  such  views  and
       information are to be taken into account during the investigation;

(c)   state the period within which interested parties may apply to be heard orally by the Commission in accordance with paragraph 4.

Ö The Commission shall Õ commence the investigation, acting in cooperation with the Member States.

                                            ê 3285/94

2. The Commission shall seek all information it deems to be necessary and, where it considers it appropriate,  after  consulting  the  Committee,
endeavour to check this information with importers, traders, agents, producers, trade associations and organisations.

The Commission shall be assisted in this task by staff of the Member State on whose territory these checks are being carried out,  provided  that
Member State so wishes.

3. The Member States shall supply the Commission, at its request and following procedures  laid  down  by  it,  with  the  information  at  their
disposal on developments in the market of the product being investigated.

                                            ê 3285/94 (adapted)

4. Interested parties which have come forward pursuant to Ö the first subparagraph of Õ paragraph 1 and representatives of the exporting  country
may, upon written request, inspect all information made available to the Commission in connection with  the  investigation  other  than  internal
documents prepared by the authorities of the Community or its Member States, provided that that information is relevant to  the  presentation  of
their case and not confidential within the meaning of Article 9 and that it is used by the Commission in the investigation.

Interested parties which have come forward may communicate their views on the information in question to  the  Commission.  Those  views  may  be
taken into consideration where they are supported by sufficient evidence.

5. The Commission may hear the interested parties. Such parties must be heard where they have made a written application within the  period  laid
down in the notice published in the Official Journal of the European Union, showing that they are actually likely to be affected by  the  outcome
of the investigation and that there are special reasons for them to be heard orally.

6. When information is not supplied within the time limits set by this Regulation or by the  Commission  pursuant  to  this  Regulation,  or  the
investigation is significantly impeded, findings may be made on the basis of the facts available. Where the Commission finds that any  interested
party or third party has supplied it with false or misleading information, it  shall  disregard  the  information  and  may  make  use  of  facts
available.

7. Where it appears to the Commission, after the consultations referred to in Ö Articles 3 and  4 Õ,  that  there  is  insufficient  evidence  to
justify an investigation, it shall inform the Member States of its decision within one month of  receipt  of  the  information  from  the  Member
States.

                                            ê 3285/94

                                                                    Article 7

1. At the end of the investigation, the Commission shall submit a report on the results to the Committee.

2. Where the Commission considers, within nine months of the initiation of  the  investigation,  that  no  Community  surveillance  or  safeguard
measures are necessary, the investigation shall be terminated within a month, the Committee having first been consulted.

The decision to terminate the investigation, stating the main conclusions of the investigation and a summary of the reasons therefore,  shall  be
published in the Official Journal of the European Union.

                                            ê 3285/94 (adapted)

3. If the Commission considers that Community surveillance or safeguard measures  are  necessary,  it  shall  take  the  necessary  decisions  in
accordance with Ö Chapters Õ IV and V, no later than nine months from the initiation of the investigation.  In  exceptional  circumstances,  this
time limit may be extended by a further maximum period of two months; the Commission shall then publish a notice in the Official Journal  of  the
European Union setting forth the duration of the extension and a summary of the reasons therefore.

                                                                    Article 8

1. The provisions of this Ö Chapter Õ shall not preclude the use, at any time, of surveillance measures in accordance with Articles 11 to  15  or
provisional safeguard measures in accordance with Articles 16, 17 and 18.

Provisional safeguard measures shall be applied:

(a)   in critical circumstances where delay would cause damage which would be difficult to repair, making immediate action necessary; and

(b)   where a preliminary determination provides clear evidence that increased imports have caused or are threatening to cause serious injury.

The duration of such measures shall not exceed 200 days.

2. Provisional safeguard measures shall take the form of an increase in the existing level of customs  duty,  (whether  the  latter  is  zero  or
higher, if such action is likely to prevent or repair the serious injury.

3. The Commission shall immediately conduct whatever investigation measures are still necessary.

4. Should the provisional safeguard measures be repealed because no serious injury or  threat  of  serious  injury  exists,  the  customs  duties
collected as a result of the provisional measures shall be automatically refunded as soon as possible. The procedure laid down in Article 235  et
seq of Council Regulation (EEC) No 2913/92[10] shall apply.

                                                                    Article 9

1. Information received pursuant to this Regulation shall be used only for the purpose for which it was requested.

2. Neither the Council, nor the Commission, nor the Member States, nor the  officials  of  any  of  these  shall  reveal  any  information  of  a
confidential nature received pursuant to this Regulation, or any information provided on a confidential basis without  specific  permission  from
the supplier of such information.

3. Each request for confidentiality shall state the reasons why the information is confidential.

However, if it appears that a request for confidentiality is unjustified and if the supplier of the information wishes neither to make it  public
nor to authorise its disclosure in general terms or in the form of a summary, the information concerned may be disregarded.

4. Information shall in any case be considered to be confidential if its disclosure is likely to have a significantly  adverse  effect  upon  the
supplier or the source of such information.

5. Paragraphs Ö 1 to 4 Õ shall not preclude reference by the Community authorities to general information and in particular to reasons  on  which
decisions taken pursuant to this Regulation are based. Ö Those Õ authorities shall, however, take into account the legitimate interest  of  legal
and natural persons concerned that their business secrets should not be divulged.

                                                                    Article 10

1. Examination of the trend Ö in Õ imports, of the conditions in which they take place and of serious injury  or  threat  of  serious  injury  to
Community producers resulting from such imports shall cover in particular the following factors:

                                            ê 3285/94

(a)   the volume of imports, in particular where there has been a significant increase, either in absolute terms or  relative  to  production  or
       consumption in the Community;

(b)   the price of imports, in particular where there has been a significant price undercutting as compared with the price of a like  product  in
       the Community;

(c)   the consequent impact on Community producers as indicated by trends in certain economic factors such as:

         – production,

         – capacity utilisation,

         – stocks,

         – sales,

         – market share,

         – prices (i.e. depression of prices or prevention of price increases which would normally have occurred),

         – profits,

         – return on capital employed,

         – cash flow,

         – employment;

(d)   factors other than trends in imports which are causing or may have caused injury to the Community producers concerned.

2. Where a threat of serious injury is alleged, the Commission shall also examine whether it is clearly foreseeable that a  particular  situation
is likely to develop into actual injury.

In this regard account may be taken of factors such as:

(a)   the rate of increase of the exports to the Community;

(b)   export capacity in the country of origin or export, as it stands or is likely to be in the foreseeable  future,  and  the  likelihood  that
       that capacity will be used to export to the Community.

                                            ê 3285/94 (adapted)

                                                                  Ö CHAPTER Õ IV

                                            ê 3285/94

                                                                   Surveillance

                                                                    Article 11

1. Where the trend in imports of a product originating in a third country covered by this Regulation  threatens  to  cause  injury  to  Community
producers, and where the interests of the Community so require, import of that product may be subject, as appropriate, to:

(a)   retrospective Community surveillance carried out in accordance with the provisions laid down in the decision referred to in paragraph 2;

(b)   prior Community surveillance carried out in accordance with Article 12.

                                            ê 3285/94 (adapted)

2. The decision to impose surveillance shall be taken by the Commission according to the procedure laid down in Ö the  second  subparagraph  of Õ
Article 16(6) and Article 16(7).

                                            ê 3285/94

3. The surveillance measures shall have a limited period of validity. Unless otherwise provided, they shall cease to be valid at the end  of  the
second six-month period following the six months in which the measures were introduced.

                                                                    Article 12

                                            ê 139/96 Art. 1 pt. 1 (adapted)

1. Products under prior Community surveillance may be put into free circulation only on production of  a  surveillance  document.  Such  document
shall be issued by the competent authority designated by Member States, free of charge, for any quantity requested and within a maximum  of  five
working days of receipt by the national competent authority of an application by any Community importer, regardless of his place of  business  in
the Community. This application shall be deemed to have been received by the national competent authority no later than three working days  after
submission, unless it is proved otherwise.

2. The surveillance document shall be made out on a form corresponding to the model in Annex I.

Except where the decision to impose surveillance provides otherwise, the importer's application for surveillance  documents  shall  contain  only
the following:

                                            ê 139/96 Art. 1 pt. 1

(a)   the full name and address of the applicant (including telephone and fax numbers and any number identifying the applicant to  the  competent
       national authority), plus the applicant's VAT registration number if he is liable for VAT;

(b)   where appropriate, the full name and address of the declarant or of any representative appointed by the applicant (including telephone  and
       fax numbers);

(c)   a description of the goods giving:

         – their trade name,

         – their combined nomenclature code,

         – their place of origin and place of consignment;

(d)   the quantity declared, in kilograms and, where appropriate, any other additional unit (pairs, items, etc.);

(e)   the value of the goods, cif at Community frontier, in euro;

                                            ê 139/96 Art. 1 pt. 1 (adapted)

(f)   the Ö following Õ statement, dated and signed by the applicant, with the applicant's name spelt out in capital letters:

                                            ê 139/96 Art. 1 pt. 1

      «I, the undersigned, certify that the information provided in this application is true and given in good faith, and that I  am  established
       in the Community.»

                                            ê 3285/94 (adapted)

3. The Ö surveillance Õ document shall be valid throughout the Community, regardless of the Member State of issue.

4. A finding that the unit price at which the transaction is effected exceeds that indicated in the Ö surveillance Õ document by less than 5%  or
that the total value or quantity of the products presented for import exceeds the value or quantity given in  the  Ö surveillance Õ  document  by
less than 5% shall not preclude the release for free circulation of the product in question. The Commission, having heard the opinions  expressed
in the Committee and taking account of the nature of the products and other special features of the transactions concerned, may fix  a  different
percentage, which, however, should not normally exceed 10%.

5. Ö Surveillance Õ documents may be used only for such time as arrangements for liberalisation of imports remain in  force  in  respect  of  the
transactions concerned. Such Ö surveillance Õ documents may not in any event be used beyond the expiry of a period which shall be  laid  down  at
the same time and by means of the same procedure as the imposition of surveillance, and shall take account of the  nature  of  the  products  and
other special features of the transactions.

                                            ê 3285/94

6. Where the decision taken pursuant to Article 11 so requires, the origin  of  products  under  Community  surveillance  must  be  proved  by  a
certificate of origin. This paragraph shall not affect other provisions concerning the production of any such certificate.

                                            ê 3285/94 (adapted)

7. Where the product under prior Community surveillance is subject to regional safeguard measures in a Member  State,  the  import  authorisation
granted by that Member State may replace the Ö surveillance Õ document.

                                            ê 139/96 Art. 1 pt. 2

8. Surveillance document forms and extracts thereof shall be drawn up in duplicate, one copy, marked “Holder's copy” and bearing  the  number  1,
to be issued to the applicant, and the other, marked “Copy for the competent authority” and bearing the number 2, to be  kept  by  the  authority
issuing the document. For administrative purposes the competent authority may add supplementary copies to form 2.

9. Forms shall be printed on white paper free of mechanical pulp, dressed for writing and weighing between 55 and  65  grams  per  square  metre.
Their size shall be 210 x 297 mm; the type space between the lines shall be 4,24 mm (one sixth of an inch); the layout  of  the  forms  shall  be
followed precisely. Both sides of copy No 1, which is the surveillance document itself,  shall  in  addition  have  a  yellow  printed  guilloche
pattern background so as to reveal any falsification by mechanical or chemical means.

10. Member States shall be responsible for having the forms printed. The forms may also be printed by printers appointed by the Member  State  in
which they are established. In the latter case, reference to the appointment by the Member State must appear on each form. Each form  shall  bear
an indication of the printer's name and address or a mark enabling the printer to be identified.

                                            ê 3285/94 (adapted)

                                                                    Article 13

Where import of a product has not been made  subject  to  prior  Community  surveillance  within  eight  working  days  of  the  end  of  Ö the Õ
consultations Ö referred to in Articles 3 and 4 Õ, the Commission, in accordance with Article 18, may introduce surveillance confined to  imports
into one or more regions of the Community.

                                                                    Article 14

                                            ê 139/96 Art.1 pt. 3 (adapted)

1. Products under regional surveillance may be put into free circulation in the region concerned only on production of a  surveillance  document.
Such document shall be issued by the competent authority designated by the Member State(s) concerned, free of charge, for any quantity  requested
and within a maximum of five working days of receipt by the national competent authority of an application by any Community importer,  regardless
of his place of business in the Community. This application shall be deemed to have been received by the national competent  authority  no  later
than three working days after submission, unless it is proved otherwise. Surveillance documents may be used only for such  time  as  arrangements
for imports remain liberalised in respect of the transactions concerned.

2. Article 12(2) shall apply.

                                            ê 3285/94

                                                                    Article 15

1. Member States shall communicate to the Commission within the first 10 days of each month in the case of Community or regional surveillance:

                                            ê 3285/94 (adapted)

(a)   in the case of prior surveillance, details of the sums of money (calculated on the basis of cif prices) and quantities of goods in  respect
       of which Ö surveillance Õ documents were issued during the preceding period;

(b)   in every case, details of imports during the period preceding the period referred to in Ö point Õ (a).

                                            ê 3285/94

The information supplied by Member States shall be broken down by product and by country.

Different provisions may be laid down at the same time and by the same procedure as the surveillance arrangements.

2. Where the nature of the products or special circumstances so require, the Commission may, at the request of a  Member  State  or  on  its  own
initiative, amend the timetables for submitting this information.

3. The Commission shall inform the Member States accordingly.

                                            ê 3285/94 (adapted)

                                                                  Ö CHAPTER Õ V

                                            ê 3285/94

                                                                Safeguard measures

                                                                    Article 16

1. Where a product is imported into the Community in such greatly increased quantities and/or on  such  terms  or  conditions  as  to  cause,  or
threaten to cause, serious injury to Community producers, the Commission, in order to safeguard the interests of the Community,  may,  acting  at
the request of a Member State or on its own initiative:

                                            ê 3285/94 (adapted)

(a)   limit the period of validity of Ö surveillance Õ documents within the meaning of Article 12 to be Ö issued Õ after the entry into force  of
       this measure;

                                            ê 3285/94

(b)   alter the import rules for the product in question by making its release for free  circulation  conditional  on  production  of  an  import
       authorisation, the granting of which shall be governed by such provisions and subject to such limits as the Commission shall lay down.

The measures referred to in (a) and (b) shall take effect immediately.

2. As regards Members of the WTO, the measures referred to in paragraph 1 shall be taken only when the two  conditions  indicated  in  the  first
subparagraph of that paragraph are met.

3. If establishing a quota, account shall be taken in particular of:

(a)   the desirability of maintaining, as far as possible, traditional trade flows;

                                            ê 3285/94 (adapted)

(b)   the volume of goods exported under contracts concluded on normal terms and conditions before the entry into force of  a  safeguard  measure
       within the meaning of this Ö Chapter Õ, where such contracts have been notified to the Commission by the Member State concerned;

                                            ê 3285/94

(c)   the need to avoid jeopardising achievement of the aim pursued in establishing the quota.

Any quota shall not be set lower than the average level of imports over the last three representative years for which  statistics  are  available
unless a different level is necessary to prevent or remedy serious injury.

4. In cases in which a quota is allocated among supplier countries, allocation may be agreed with those of them having a substantial interest  in
supplying the product concerned for import into the Community.

Failing this, the quota shall be allocated among the supplier countries in proportion to their  share  of  imports  into  the  Community  of  the
product concerned during a previous representative period, due account being taken of any specific factors which may  have  affected  or  may  be
affecting the trade in the product.

Provided that its obligation to see that consultations are conducted under the auspices of the WTO Committee on Safeguards  is  not  disregarded,
the Community may nevertheless depart from this method of allocation in the case of  serious  injury  if  imports  originating  in  one  or  more
supplier countries have increased in disproportionate percentage in relation to the total increase of imports of the  product  concerned  over  a
previous representative period.

5. The measures referred to in this Article shall apply to every product which is put into free circulation after  their  entry  into  force.  In
accordance with Article 18 they may be confined to one or more regions of the Community.

                                            ê 3285/94 (adapted)

However, such measures shall not prevent the release for free circulation of products already on their way to the  Community  provided  that  the
destination of such products cannot be changed and that those products which, pursuant to Articles 11 and 12, may be put  into  free  circulation
only Ö on Õ production of Ö a surveillance Õ document are in fact accompanied by such a document.

                                            ê 3285/94

6. Where intervention by the Commission has been requested by a Member State, the Commission shall take a  decision  within  a  maximum  of  five
working days of receipt of such a request.

Any decision taken by the Commission pursuant to this Article shall be communicated to the Council and to the Member  States.  Any  Member  State
may, within one month following the day of such communication, refer the decision to the Council.

7 If a Member State refers the Commission's decision to the Council, the Council, acting by a qualified majority, may confirm,  amend  or  revoke
that decision.

If, within three months of the referral of the matter to the Council, the Council has not taken a decision, the decision taken by the  Commission
shall be deemed revoked.

                                            ê 3285/94 (adapted)

                                                                    Article 17

Where the interests of the Community so require, the Council, acting by a qualified majority on a  proposal  from  the  Commission  drawn  up  in
accordance with the terms of Ö Chapter Õ III, may adopt appropriate measures to prevent a product being  imported  into  the  Community  in  such
greatly increased quantities and/or on such terms or conditions as to cause, or threaten to cause, serious injury to Community producers of  like
or directly competing products.

                                            ê 3285/94

Article 16(2) to (5) shall apply.

                                                                    Article 18

Where it emerges, primarily on the basis of the factors referred to in Article 10, that the conditions laid down for  the  adoption  of  measures
pursuant to Articles 11 and 16 are met in one or more regions of the Community, the Commission, after having examined alternative solutions,  may
exceptionally authorise the application of surveillance or safeguard measures limited to the  region(s)  concerned  if  it  considers  that  such
measures applied at that level are more appropriate than measures applied throughout the Community.

These measures must be temporary and must disrupt the operation of the internal market as little as possible.

                                            ê 3285/94 (adapted)

The measures shall be adopted in accordance with the provisions laid down in Articles 11 and 16.

                                                                    Article 19

No safeguard measure may be applied to a product originating in a developing country Member of the  WTO  as  long  as  that  country's  share  of
Community imports of the product concerned does not exceed 3%, provided that developing country Members Ö of  the  WTO Õ  with  less  than  a  3%
import share collectively account for not more than 9% of total Community imports of the product concerned.

                                            ê 3285/94

                                                                    Article 20

1. The duration of safeguard measures must be limited to the period of time necessary to prevent or  remedy  serious  injury  and  to  facilitate
adjustment on the part of Community producers. The period must not exceed four years, including the duration of any provisional measure.

                                            ê 3285/94 (adapted)

2. Such initial period may be extended, except in the case of the measures referred to Ö in the third subparagraph of Õ  Article  16(4)  provided
it is determined that:

                                            ê 3285/94

(a)   the safeguard measure continues to be necessary to prevent or remedy serious injury;

(b)   there is evidence that Community producers are adjusting.

                                            ê 3285/94 (adapted)

3. Extensions shall be adopted in accordance with the terms of Ö Chapter Õ III and using the same  Ö procedures Õ  as  the  initial  measures.  A
measure so extended shall not be more restrictive than it was at the end of the initial period.

                                            ê 3285/94

4. If the duration of the measure exceeds one year, the measure must be progressively liberalised at  regular  intervals  during  the  period  of
application, including the period of extension.

5. The total period of application of a safeguard measure, including the period of application of any provisional measures,  the  initial  period
of application and any prorogation thereof, may not exceed eight years.

                                            ê 3285/94 (adapted)

                                                                    Article 21

1. While any surveillance or safeguard measure applied in accordance with Ö Chapters Õ IV and V is in  operation,  consultations  shall  be  held
within the Committee, either at the request of a Member State or on the initiative of the Commission. If the  duration  of  a  safeguard  measure
exceeds three years, the Commission shall seek such consultations no later than the mid-point of the period of application of that  measure.  The
purpose of such consultations shall be:

                                            ê 3285/94

(a)   to examine the effects of the measure;

(b)   to determine whether and in what manner it is appropriate to accelerate the pace of liberalisation;

(c)   to ascertain whether application of the measure is still necessary.

2. Where, as a result of the consultations referred to in paragraph 1, the Commission  considers  that  any  surveillance  or  safeguard  measure
referred to in Articles 11, 13, 16, 17 and 18 should be revoked or amended, it shall proceed as follows:

(a)   where the measure was enacted by the Council, the Commission shall propose to the Council that it be revoked or amended. The Council  shall
       act by a qualified majority;

(b)   in all other cases, the Commission shall amend or revoke Community safeguard and surveillance measures.

Where the decision relates to regional surveillance measures, it shall apply from the  sixth  day  following  that  of  its  publication  in  the
Official Journal of the European Union.

                                                                    Article 22

1. Where imports of a product have already been subject to a safeguard measure, no further measure shall be  applied  to  that  product  until  a
period equal to the duration of the previous measure has elapsed. Such period shall not be less than two years.

2. Notwithstanding paragraph 1, a safeguard measure of 180 days or less may be re-imposed for a product if:

(a)   at least one year has elapsed since the date of introduction of a safeguard measure on the import of that product; and

(b)   such a safeguard measure has not been applied to the same product more than twice in the five-year period immediately  preceding  the  date
       of introduction of the measure.

                                            ê 3285/94 (adapted)

                                                                  Ö CHAPTER Õ VI

                                            ê 3285/94

                                                                 Final provisions

                                                                    Article 23

Where the interests of the Community so require, the Council, acting by a qualified majority  on  a  proposal  from  the  Commission,  may  adopt
appropriate measures to allow the rights and obligations of the Community or of all its Member States, in particular those relating to  trade  in
commodities, to be exercised and fulfilled at international level.

                                                                    Article 24

1. This Regulation shall not preclude the fulfilment of obligations arising from special rules contained  in  agreements  concluded  between  the
Community and third countries.

2. Without prejudice to other Community provisions, this Regulation shall not preclude the adoption or application by Member States:

(a)   of prohibitions, quantitative restrictions or surveillance measures on grounds of public morality, public policy or  public  security;  the
       protection of health and life of humans, animals or plants,  the  protection  of  national  treasures  possessing  artistic,  historic  or
       archaeological value, or the protection of industrial and commercial property;

(b)   of special formalities concerning foreign exchange;

(c)   of formalities introduced pursuant to international agreements in accordance with the Treaty.

                                            ê 3285/94 (adapted)

The Member States shall inform the Commission of the measures or formalities they intend to introduce or amend in  accordance  with  Ö the  first
subparagraph Õ.

                                            ê 3285/94

In the event of extreme urgency, the national measures or formalities in question shall be communicated to the Commission immediately upon  their
adoption.

                                                                    Article 25

1. This Regulation shall be without prejudice to the operation of the instruments establishing the common organisation  of  agricultural  markets
or of Community or national administrative provisions derived therefrom or of the specific instruments applicable to  goods  resulting  from  the
processing of agricultural products.; iIt shall operate by way of complement to those instruments.

                                            ê 3285/94 (adapted)

2. In the case of products covered by the instruments referred to in paragraph 1, Articles 11 to 15 and Article 22 shall not apply  to  those  in
respect of which the Community rules on trade with third countries require the production of a licence or other import document.

                                            ê 3285/94

Articles 16, 18 and 21 to 24 shall not apply to those products in respect of which such rules provide for the application of quantitative  import
restrictions.

                                            ê 

                                                                    Article 26

Regulation (EC) No 3285/94 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance  with  the  correlation
table in Annex III.

                                            ê 3285/94 (adapted)

                                                                    Article 27

This Regulation shall enter into force on Ö the twentieth day following that of its publication in the Official Journal of the European Union. Õ

                                            ê 3285/94

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, […]

      For the Council
      The President
      […]

                                            ê 139/96 Art. 1 pt. 4

                                                                     ANNEX I

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                                                 _______________

                                            é

                                                                     ANNEX II

                                                Repealed Regulation with its successive amendments

|Council Regulation (EC) No 3285/94                                 |                                                                    |
|(OJ L 349, 31.12.1994, p. 53)                                      |                                                                    |
|Council Regulation (EC) No 139/96                                    |Only Article 1 and Annex I                                    |
|(OJ L 21, 27.1.1996, p. 7)                                           |                                                              |
|Council Regulation (EC) No 2315/96                                   |Only Article 1(3) and Annex III                               |
|(OJ L 314, 4.12.1996, p. 1)                                          |                                                              |
|Council Regulation (EC) No 2474/2000                                 |Only Article 1(3) and Annex III                               |
|(OJ L 286, 11.11.2000, p. 1)                                         |                                                              |
|Council Regulation (EC) No 2200/2004                                 |Only Article 2                                                |
|(OJ L 374, 22.12.2004, p. 1)                                         |                                                              |

                                                                _________________

                                                                    ANNEX III

                                                                Correlation table

|Regulation (EC) No 3285/94                                          |This Regulation                                                     |
|Title I                                                             |Chapter I                                                           |
|Article 1                                                           |Article 1                                                           |
|Title II                                                            |Chapter II                                                          |
|Article 2                                                           |Article 2                                                           |
|Article 3, initial phrase                                           |Article 4(1)                                                        |
|Article 3, final phrase                                             |Article 4(2)                                                        |
|Article 4(1)                                                        |Article 3(1)                                                        |
|Article 4(2)                                                        |Article 3(2)                                                        |
|Article 4(3) introductory wording                                   |Article 4(3) introductory wording                                   |
|Article 4(3) first and second indents                               |Article 4(3)(a) and (b)                                             |
|Article 4(4)                                                        |Article 4(4)                                                        |
|Title III                                                           |Chapter III                                                         |
|Article 5                                                           |Article 5                                                           |
|Article 6(1) introductory wording                                   |Article 6(1), first subparagraph, introductory sentence, initial    |
|                                                                    |wording                                                             |
|Article 6(1)(a)                                                     |Article 6(1), first subparagraph, introductory sentence, final      |
|                                                                    |wording and points (a), (b) and (c)                                 |
|Article 6(1)(b)                                                     |Article 6(1) second subparagraph                                    |
|Article 6(2) first and second subparagraphs                         |Article 6(2) first and second subparagraphs                         |
|Article 6(2) third and fourth subparagraphs                         |Article 6(4) first and second subparagraphs                         |
|Article 6(3)                                                        |Article 6(3)                                                        |
|Article 6(4)                                                        |Article 6(5)                                                        |
|Article 6(5)                                                        |Article 6(6)                                                        |
|Article 6(6)                                                        |Article 6(7)                                                        |
|Article 7(1)                                                        |Article 7(1)                                                        |
|Article 7(2) first sentence                                         |Article 7(2) first subparagraph                                     |
|Article 7(2) second sentence                                        |Article 7(2) second subparagraph                                    |
|Article 7(3)                                                        |Article 7(3)                                                        |
|Article 8(1) first subparagraph                                     |Article 8(1) first subparagraph                                     |
|Article 8(1) second subparagraph, introductory words                |Article 8(1) second subparagraph, introductory words                |
|Article 8(1) second subparagraph, first and second indents          |Article 8(1) second subparagraph, points (a) and (b)                |
|Article 8(2)                                                        |Article 8(1) third subparagraph                                     |
|Article 8(3)                                                        |Article 8(2)                                                        |
|Article 8(4)                                                        |Article 8(3)                                                        |
|Article 8(5)                                                        |Article 8(4)                                                        |
|Article 9(1)                                                        |Article 9(1)                                                        |
|Article 9(2)(a)                                                     |Article 9(2)                                                        |
|Article 9(2)(b) first subparagraph                                  |Article 9(3) first subparagraph                                     |
|Article 9(2)(b) second subparagraph                                 |Article 9(3) second subparagraph                                    |
|Article 9(3)                                                        |Article 9(4)                                                        |
|Article 9(4)                                                        |Article 9(5)                                                        |
|Article 10(1)                                                       |Article 10(1)                                                       |
|Article 10(2) introductory words, first phrase                      |Article 10(2) first subparagraph                                    |
|Article 10(2) introductory words, second phrase                     |Article 10(2) second subparagraph, introductory words               |
|Article 10(2), points (a) and (b)                                   |Article 10(2) second subparagraph, points (a) and (b)               |
|Title IV                                                            |Chapter IV                                                          |
|Articles 11 to 15                                                   |Articles 11 to 15                                                   |
|Title V                                                             |Chapter V                                                           |
|Article 16(1) and (2)                                               |Article 16(1) and (2)                                               |
|Article 16(3)(a) introductory sentence                              |Article 16(3) first subparagraph, introductory sentence             |
|Article 16(3)(a) first, second and third indents                    |Article 16(3) first subparagraph, points (a), (b) and (c)           |
|Article 16(3)(b)                                                    |Article 16(3) second subparagraph                                   |
|Article 16(4)(a) first subparagraph                                 |Article 16(4) first subparagraph                                    |
|Article 16(4)(a) second subparagraph                                |Article 16(4) second subparagraph                                   |
|Article 16(4)(b)                                                    |Article 16(4) third subparagraph                                    |
|Article 16(5)(a)                                                    |Article 16(5) first subparagraph                                    |
|Article 16(5)(b)                                                    |Article 16(5) second subparagraph                                   |
|Article 16(6)                                                       |Article 16(6) first subparagraph                                    |
|Article 16(7)                                                       |Article 16(6) second subparagraph                                   |
|Article 16(8)                                                       |Article 16(7)                                                       |
|Articles 17 to 19                                                   |Articles 17 to 19                                                   |
|Article 20(1)                                                       |Article 20(1)                                                       |
|Article 20(2), introductory sentence                                |Article 20(2), introductory sentence                                |
|Article 20(2) first and second indents                              |Article 20(2)(a) and (b)                                            |
|Article 20(3) to (5)                                                |Article 20(3) to (5)                                                |
|Articles 21 and 22                                                  |Articles 21 and 22                                                  |
|Title VI                                                            |Chapter VI                                                          |
|Article 23                                                          |Article 23                                                          |
|Article 24(1)                                                       |Article 24(1)                                                       |
|Article 24(2)(a) introductory sentence                              |Article 24(2) first subparagraph, introductory sentence             |
|Article 24(2)(a)(i) to (iii)                                        |Article 24(2) first subparagraph, points (a) to (c)                 |
|Article 24(2)(b) first sentence                                     |Article 24(2) second subparagraph                                   |
|Article 24(2)(b) second sentence                                    |Article 24(2) third subparagraph                                    |
|Article 25                                                          |Article 25                                                          |
|Article 26                                                          |––––                                                                |
|Article 27                                                          |––––                                                                |
|––––                                                                |Article 26                                                          |
|Article 28                                                          |Article 27                                                          |
|Annex I                                                             |Annex I                                                             |
|––––                                                                |Annex II                                                            |
|––––                                                                |Annex III                                                           |

                                                              _____________________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   Carried out pursuant to the Communication from the Commission to the European Parliament and the  Council  –  Codification  of  the  Acquis
      communautaire, COM(2001) 645 final.
[4]   See Annex II to this proposal.
[5]   Opinion delivered on 14 December 1994 (not yet published in the Official Journal). OJ C […], […], p. […].
[6]   OJ L 349, 31.12.1994, p. 53. Regulation as last amended by Regulation (EC) No 2200/2004 (OJ L 374, 22.12.2004, p. 1).
[7]   See Annex II.
[8]   OJ L 67, 10.3.1994, p. 1. Regulation as last amended by Commission Regulation (EC) No 931/2005 (OJ L 162, 23.6.2005, p. 37).
[9]   [OJ L 67, 10.3.1994, p. 89.]
[10]  OJ L 302, 19.10.1992, p. 1.

-----------------------

12. Value in euro, cif at Community frontier

12. Value in euro, cif at Community frontier