CELEX: 51996PC0712
Language: en
Date: 1996-12-18
Title: Proposal for a COUNCIL REGULATION (EC) en certain procedures for applying the Interim Agreement on Trade and Trade Relaged Measures between the European Community, the European Coal and Steel Community and the European Atomic Energy Community of the one part and the Republic of Slovenia of the other part

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                    Brussels, 18.12.1996
                                                    COM(96) 712 final
                                                    96/0316 (ACC)
                                     Proposal for a
                           COUNCIL REGULATION (EC)
on certain procedures for applying the Interim Agreement on Trade and Trade Related
      Measures between the European Community, the European Coal and Steel
  Community and the European Atomic Energy Community of the one part and the
                        Republic of Slovenia of the other part
                            (presented by the Commission)
 ---pagebreak---  ---pagebreak---                          EXPLANATORY MEMORANDUM
The Community and its Member States signed on 10 June 1996 the Europe
Agreement with the Republic of Slovenia. Pending its ratification by the national
parliaments an Interim Agreement on trade and trade related matters between the
European Community, the European Coal and Steel Community and the European
Atomic Energy Community, of the one part, and the Republic of Slovenia, of the
other part, will apply the trade related provisions of the Agreement.
The Interim Agreement, which was signed in Brussels on 11 November 1996, will be
provisionally applied from 1 January 1997.
The modalities of application of the provisions of the Interim Agreement concerning
management of quotas and tariff ceilings and the safeguard and trade protection
measures are to be laid down by a regulation. The annexed proposal submitted to the
Council aims at establishing these modalities.
The Commission requests the Council to adopt the proposed Regulation.
                                                                                    J.
 ---pagebreak---                                   COUNCIL REGULATION (EC) N°
                                                   of
on certain procedures for applying the Interim Agreement on Trade and Trade Related
         Measures between the European Community, the European Coal and Steei
    Community and the European Atomic Energy Community of the one part and the
                                  Republic of Slovenia of the other part
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular
Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas a Europe Agreement establishing an association between the European
Communities and their Member States, of the one part, and the Republic of Slovenia,
of the other part, was signed in Luxembourg on 10 June 1996;
Whereas pending the entry into force of the Europe Agreement, its provisions on trade
and trade-related matters have been given effect since 1 January 1997 by an Interim
Agreement on trade and trade-related matters between the European Economic
Community, the European Coal and Steel Community and the European Atomic
Energy Community, of the one part, and the Republic of Slovenia, of the other part,
hereinafter referred to as 'the Agreement', signed in Brussels on 11 November 1996
and which is applied provisionally from 1 January 1997( );
Whereas it is necessary to lay down the procedures for applying certain provisions of
the Agreement;
Whereas, with regard to trade protection measures, it is appropriate, where the
provisions of the Agreement render it necessary, to lay down specific provisions
concerning the general rules provided for in particular in Council Regulation (EC) No
3285/94 of 22 December 1994 on common rules for imports ( ) and in Council
Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped
imports from countries not members of the European Community ( J );
Whereas account should be taken of the undertakings set out in the Agreement when
examining whether a safeguard measure should be introduced;
Whereas the procedures concerning safeguard clauses provided for in the Treaty
establishing the European Community are also applicable;
 1
   OJN°L
 2
   OJN°L 349. 31-12-94, p 53.
 3
   O J N ° L 5 6 . 6-03-96, p. 1.
                                                                                      .3
 ---pagebreak--- Whereas specific provisions have been adopted for safeguard measures concerning the
textile products covered by Protocol 1 of the Agreement;
Whereas certain provisions should be introduced for the application of tariff quotas
and tariff ceilings.
HAS ADOPTED THIS REGULATION
                                                 TITLE 1
                                Tariff Quotas and Tariff Ceilings
                                                 Article 1
Provisions for the application of Article 15 (2) of the Agreement concerning
agricultural products falling within Annex II of the Treaty and subject to a common
market organization and concerning products falling within CN codes 0711 90 50 and
2003 10 10, shall be adopted in accordance with the procedure provided for in Article
23 of Regulation (EEC) No 1766/92 ( ) or in the corresponding provisions of other
regulations establishing a common organization of the agricultural markets.
                                                 Article 2
 1.        Provisions for the application of tariff quotas and tariff ceilings provided for in
 the Annexes II, VI (other than those covered by Article 1) and Villa of the Agreement
and in Annex I to Protocol 1 of the Agreement, including amendments and technical
 adaptations made necessary by amendments to the combined nomenclature and Taric
 codes, or arising from the conclusion by the Council of agreements, protocols or
exchanges of letters between the Community and Slovenia, shall be adopted by the
 Commission, assisted by the Customs Code Committee set up by Article 247 of
 Council Regulation (EEC) N° 2913/92 , according to the procedure set out in
 paragraph 2.
 2.      The representative of the Commission shall submit to the Committee a draft of
 the measures to be taken. The Committee shall deliver its opinion on the draft within a
 time limit which the chair may lay down according to the urgency of the matter. The
 opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in
  the case of decisions which the Council is required to adopt on a proposal from the
  Commission. The votes of the representatives of the Member States within the
  Committee shall be weighted in the manner set out in that Article. The chairman shall
  not vote.
  4
     OJ N° 181. 1 -07-92. p. 21. Regulation as last amended by Regulation (EC) N° L923/96 (OJ Nc L126,
   25.4.96. page 37)
   5
     OJ N° L302, 14.10.1992, p. 1.
                                                                                                       H
 ---pagebreak--- The Commission shall adopt the measures, which apply immediately. However, if
these measures are not in accordance with the opinion of the Committee, they shall be
communicated by the Commission to the Council forthwith. In that event :
       the Commission shall defer application of the measures which it has decided for
       three months from the date of such communication,
       the Council, acting by qualified majority, may take a different decision within
       the period referred to in the first indent.
3.     The Committee may examine any question concerning the application of tariff
quotas and tariff ceilings, which is raised by its chair either at the latter's initiative or
at the request of a Member State.
4.       As soon as the tariff ceilings are reached, the Commission may adopt a
regulation re establishing, until the end of the calendar year, the customs duties
applicable to third countries.
                                           TITLE II
                                    Protective measures
                                           Article 3
The Council may, in accordance with the procedures provided for in Article 113 of
the Treaty, decide to refer to the Cooperation Council established by the Agreement
with regard to the measures provided for in Articles 23 and 45 (2) of the Agreement.
Where necessary, the Council shall adopt these measures in accordance with the same
procedure.
The Commission may, on its own initiative or at the request of a Member State,
present the necessary proposals to this end.
                                           Article 4
1. In the case of a practice that may justify application by the Community of the
measures provided for in Article 33 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, except in the
cases of aid to which Regulation (EC) No 3284/94 (6 )applies, when measures shall be
taken according to the procedures laid down in that Regulation. Measures shall be
 taken only under conditions set out in Article 33 (6) of the Agreement;
   OJN°L349. 31-12-94. p. 22.
                                                                                               **
                                                                                              6
 ---pagebreak--- 2. In the case of a practice that may cause measures to be applied to the Community
by Slovenia on the basis of Article 33 of the Agreement, the Commission after
examining the case, shall decide whether the practice is compatible with the principles
set out in the Agreement. Where necessary, it shall take appropriate decisions on the
basis of criteria which result from the application of Articles 85, 86 and 92 of the
Treaty.
                                         Article 5
In the case of a practice which is liable to warrant the application, by the Community,
of the measures provided for in Article 24 of the Agreement, the introduction of anti-
dumping measures shall be decided upon in accordance with the provisions laid down
in Regulation (EC) No 384/96 ( ) and the procedure provided for in Article 28 (2) and
(3) (b) or (d) the Agreement.
                                         Article 6
 1. Where a Member State requests the Commission to apply safeguard measures as
provided for in Articles 25 and 26 of the Agreement, it shall provide the Commission,
in support of its request, with the information needed to justify it. If the Commission
decides not to apply safeguard measures, it shall inform the Council and the Member
States accordingly within five working days of receipt of the request from the
Member State.
Any Member State may refer this decision of the Commission to the Council within
 10 working days of its notification.
If the Council, acting by qualified majority, indicates its intention to adopt a different
decision, the Commission shall inform Slovenia thereof forthwith and shall notify it
of the opening of the consultations within the Cooperation Council as provided for in
Article 28 (2) and (3) of the Agreement.
 The Council, acting by a qualified majority, may take a different decision within 20
 working days of the conclusion of the consultations with Slovenia within the
 Cooperation Council.
 2. The Commission shall be assisted by the committee established by Regulation
 (EC) No 3491/93 (8) (hereinafter referred to as 'the Committee*).
 The Committee shall meet when convened by its chairman. The latter shall
 communicate any appropriate information to the Member States at the earliest
 opportunity.
  7
    OJ N° L 56, 6-03-96, p. 1.
  8
    OJN°L 319, 21-12-93, p. 1.
                                                                                           G
 ---pagebreak--- 3. Where the Commission, at the request of a Member State or on its own initiative,
decides that the safeguard measures provided for in Articles 25 and 26 of the
Agreement should be applied:
    it shall inform the Member States forthwith if acting on its own initiative or, if it is
    responding to a Member State's request, within five working days of the date of
    receipt of that request,
    it shall consult the Committee,
    at the same time it shall inform Slovenia and notify the Cooperation Council of
    the opening of consultations as referred to in Article 28 (2) and (3) of the
    Agreement,
    at the same time it shall provide the Cooperation Council with all the information
    necessary for these consultations.
4.       In any event, the consultations within the Cooperation Council shall be
deemed to be completed 30 days after the notification referred to in paragraph 1 and
paragraph 3.
At the end of the consultations or on expiry of the period of 30 days, and if no other
arrangement proves possible, the Commission after consulting the Committee, may
take appropriate measures to implement Articles 25 and 26 of the Agreement.
5.       The decision referred to in paragraph 4 shall be notified forthwith to the
Council, the Member States and Slovenia, it shall also be notified to the Cooperation
Council.
The decision shall be applicable immediately.
6.       Any Member State may refer the Commission decision referred to in
paragraph 4 to the Council within 10 working days of receiving notification of the
decision.
7.       If the Commission has not taken a decision within the meaning of the second
subparagraph of paragraph 4 within 10 working days of the end of the consultations
with the Cooperation Council or, as the case may be, the end of the periods of 30
days, any Member State which has referred the matter to the Commission in
accordance with paragraph 3 may refer it to the Council.
8.       In the cases referred to in paragraph 6 and 7 the Council, acting by a qualified
majority, may adopt a different decision within two months.
                                                                                             1
 ---pagebreak---                                       Article 7
1.       Where exceptional circumstances arise within the meaning of Article 28 (3)
(d) of the Agreement, the Commission may take immediate safeguard measures in the
cases referred to in Articles 25 and 26 of the Agreement.
2.       If the Commission receives a request from a Member State, it shall take a
decision thereon within five working days of receipt of the request.
The Commission shall notify the Council and the Member States of its decision.
3.       Any Member State may refer the Commission's decision to the Council in
accordance with the procedure provided for in Article 6 (6).
The procedure set out in Article 6 (7) and (8) shall be applicable.
If the Commission has not taken a decision within the time limit mentioned in
paragraph 2, any Member State which has referred the matter to the Commission may
refer it to the Council in accordance with the procedures laid down in the first and
second subparagraphs of this paragraph.
                                      Article 8
The procedures laid down in Articles 6 and 7 shall not apply to products covered
by Protocol 1 of the Agreement.
                                        Article 9
 By way of derogation from Articles 6 and 7, if the circumstances demand that
measures are taken concerning agricultural products on the basis of Articles 16 and 25
of the Agreement or on the basis of provisions in the Annexes covering these
products, such measures shall be taken according to procedures provided for by the
rules establishing a common organization of the agricultural markets, or in specific
 provisions adopted pursuant to Article 235 of the Treaty and applicable to products
 resulting from the processing of agricultural products, provided that the conditions
 established pursuant to Article 16 or Article 28 (2) and (3) of the Agreement are met.
                                        Article 10
 Notification to the Cooperation Council as required by the Agreement shall be the
 responsibility of the Commission, acting on behalf of the Community.
                                                                                        ?
 ---pagebreak---                                         Article 11
This regulation does not preclude the application of safeguard measures provided for
in the Treaty establishing the European Community, in particular in Articles 109h and
109i, according to the procedures laid down therein.
                                        Article 12
This regulation shall enter into force on the day following that of its publication in the
Official Journal of the European Communities.
It shall apply from 1 January 1997
This regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                               For the Council
                                                               The President
                                                                                           a
 ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 712 final
                                             DOCUMENTS
EN                                                                            11
                                    Catalogue number : CB-C0-96-726-EN-C
                                                             ISBN 92-78-13981-5
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