CELEX: 51980PC0113
Language: en
Date: 1980-03-17
Title: PROPOSAL FOR A COUNCIL REGULATION (EEC) ON THE SAFEGUARD MEASURES PROVIDED FOR IN THE ACP-EEC CONVENTION OF LOME (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (80) 113
Vol. 1980/0037
 ---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
règlement.
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,
27.9.2003, p. 1), this file is open to the public. Where necessary, classified documents in this
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,
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003
(ABI. L 243 vom 27.9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5
der genannten Verordnung freigegeben.
 ---pagebreak---      COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(80 ) 113 final
                                                       Brussels , 17th March 1980
                         PROPOSAL FOR A COUNCIL REGULATION ( EEC )
                        ON THE SAFEGUARD MEASURES PROVIDED FOR IN
                                THE ACP-EEC CONVENTION OF LOME .
                     ( presented by the Commission to the Council )
  /t "                     'A
/
Î :
                           -A
                /,     ■      ΗJ
                              •■>/
                   0         -i
                              /
 C0M(80 ) 113 final
 ---pagebreak---                   Explanatory Memorandum
Articles 12 to 16 of the second ACP-EEC Convention signed in Lom6 on
31 October 1979 contain provisions regarding safeguards which , when this
Convention enters into force , will replace the corresponding provisions
in the first Lome Convention, whiGh have been extended tuader the
transitional arrangements *
In view of the significant differences "between the two sets of provisions ,
and in order to enable the Comunity and the Member States to comply with
the obligations the have assumed in this field ,  Council Regulation
n° (EEC ) 157/76 of 20 January 1976 on the safeguard measures provided
for in the first Lom6 Convention should be repealed and its provisions
replaced by those of the attached proposal for a regulation *
 ---pagebreak---                                       PROPOSAL FOR
                               COUNCIL REGULATION (EEC )
     on the safeguard measures provided for in the ACP-EEC Convention of Lomd
     THE COUNCIL OP THE EUROPEAN COMMUNITIES ,
     Having regard to the Treaty establishing the European Economio Community,
     and in particular Article            113 thereof,
     Having regard to the proposal from the Commission,
     Whereas the detailed rules for implementing the safeguard clauses provided
     for iu Title I , Chapter 1 , of the second ACP-EEC Convention of Lom§, signed on
     31 October 1979 (hereinafter called the Convention), should.be such as
     to enable the Comininity and the Member States to comply with the obligations
     they hava assumed in this connection ;
     Whereas the procedures concerning the safeguard clauses provided for in the
     Treaty establishing the European Economic Community and in the regulations
     on tlv? common organization of agricultural markets are also applicable /
     Whereas the provisions of this Regulation replace those of Council Regulation
   ■ ( EEC ) No 157/76 of 20 january 1976 on the safeguard measures provided for in
                           .     . . .1
     the ACP-EEC Convention of Lom6 ;     whereas the latter Regulation should be
     repealed,                                                             •
     HAS ADOPTED THIS REGULATION :
                                      Article 1                .
                                              ■ ' ■ Jv* ** m       - •
1 . Before applying the safeguard measures 'which the Community is entitled to
     take under Article .. 12 of the Convention, at the request of -a Member State
     or on its own initiative , to products originating in the African, Caribbean
     and Pacific States which are members of the Convention , the Commission shall
     inforn the ACP States and shall notify them of the opening of the consultations
                                                             V
     referred to in Article 13(1 ) of the Convention .
      ^ OJ No L 18, 27.1.1976, p.1 .
 ---pagebreak---                                                                             2*
 The Commission shall be assisted during the consultations "by a Committee
 composed of representatives of the Member States and chaired by a Commission
 representative •
 If the Commission receives a request from a Member State, it shall take a -
 decision thereon within three working days following receipt ot t"ha request •
 2 * After the consultations with the ACP States , and at all events after
a period of 21 days from the notification referred to in the prece'ding para­
graph , the Commission may take appropriate measures to implement Article 12
of the Convention .   Such measures shall be communicated to the Member States
and shall apply forthwith .
 3 . Any Member State may refer a Commission decision adopted pursuant to
 this Artiole to the Council within 10 working dayB of notification of that
 decision * The Council shall meet without delay . Acting by a qualified
 majority, it may amend or annul the measures in question *
                                   Article 2
 1 . Should special factors arise within the meaning of Article 13 (3) of
 the Convention, the Commission may take , or may authorise a Mamber State
 to take , immediate safeguard measures *       "
 The speoial factors referred to in the preoeding subparagraph shall be
 deemed to be present notably where critical oircunstances, or any deley
 capable of causing harm that would be difficult to remedy, necessitate
 immediate action to safeguard the Comnunity's interests *
 2 * If the Commission receives a request from a Member State , it shall take
 a decision thereon within three working days following receipt of the
 request *
 The Commission 's decision shall be notified to all Member States *
                                                                           •/.
 ---pagebreak--- 3 . Any Member State may refer the Commission's decision to the Council
in accordance with the procedure provided for in Artiole 1 (3) •
The measures taken by a Member State in implementation of the Commission 's
decision,        or where appropriate of the Council t and any amendment
which it makes thereto , shall be notified to the other Member States and
to the Commission .                                         /
                                  Article 3
1 • Without prejudice to the application of Article 2 , the Member State
or States concerned may , in a special emergency ,, introduce safeguard measures *
Such measures shall not be applicable until 48 hours after their notification to
the other Member States and the Commission*
After consultation with the Member States , the Commission shall , within five
working days of the notification referred to in the first subparagraph, decide
whether the measures arc to be retained, amended or abolished *
The Commission' s decision shall be notified to all Member States * It shall
be immediately enforceable *
2 * Any Member State may refer the Commission's decision to the Council
withing 10 working days of notification of that decision * The Council
shall meet without delay * Acting by a qualified majority, it may amend
or annul the decision taken by the Commission * "
If the matter is referred to the Council by the Member State which has
taken tha measures , the Commission's decision shall be suspended * . Such
suspension shall cease to apply 30 days after the matter has been referred
to the Council^ if the latter has not by then amended or annulled the
Commission 's deoision *
                                   Artide 4
This Regulation shall not prejudice the application of provisions
establishing the common organization of agricultural markets or of' Community
 ---pagebreak---                                                                              4.
or national administrative provisions derived therefrom or of the specific
rales adopted under Article 235 °f "tko Treaty applicable_to agricultural
products / but shall complement them .
                                      Article 5
Community notifications ! as provided for in Article 12 of the Conventionf
shall be made to the ACP-EEC Council of Ministers by the Commission *
                                      Article 6
Regulation ( EEC ) No 157 / 76 is hereby repealed ...
                               _ .            »  .  – . . »                _    _
                   .          -       Article 7
This Regulation shall enter , into force at the same time as the second ACP-EEC
Convention of Lom6 ..                ^                          _____    _
This Regulation shall be binding in its entirety and directly applicable in
all Member States .                ~
Done at Brussels /                                       For the Council /
                                                                    *
                                                            The President