CELEX: 51994EC0519
Language: en
Date: 2006-12-08
Title: Proposal for a Council Regulation (EC) No …/… of […] on common rules for imports from certain third countries (Codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM(2006)

                                                                  Proposal for a

                                                          COUNCIL REGULATION (EC) No …/…

                                                                      of […]

                                             on common rules for imports from certain third countries

                                                                (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 519/94 of  7  March  1994  on  common  rules  for
       imports from certain third countries and repealing Regulations (EEC) No 1765/82, (EEC)  No  1766/82  and  (EEC)  No  3420/83[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
       519/94 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 IV to the codified Regulation.

                                            ê 519/94 (adapted)

                                                                  Proposal for a

                                                          COUNCIL REGULATION (EC) No …/…

                                                                      of […]

                                             on common rules for imports from certain third countries

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  common  organisation  of  agricultural  markets  and  to  the  instruments  concerning  processed
agricultural products adopted in pursuance of Article 308 of the Treaty, in particular the  provisions  of  those  instruments  which  allow  for
derogation from the general principle that all quantitative restrictions or measures having equivalent effect  may  be  replaced  solely  by  the
measures provided for in those same instruments,

Having regard to the proposal from the Commission,

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

Having regard to the opinion of the European Economic and Social Committee[6],

Whereas:

                                            ê 

   1) Council Regulation (EC) No 519/94 of 7 March 1994 on common rules for imports from certain third countries and repealing Regulations  (EEC)
      No 1765/82, (EEC) No 1766/82 and (EEC) No 3420/83[7] has been substantially amended several times[8].  In  the  interests  of  clarity  and
      rationality the said Regulation should be codified.

                                            ê 519/94 Recital 1 (adapted)

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

                                            ê 519/94 Recital 2 (adapted)

   3) Under Article 14 of the Treaty, the internal market comprises since 1 January 1993 an area without internal frontiers  in  which  the  free
      movement of goods, persons, services and capital is ensured.

                                            ê 519/94 Recital 3 (adapted)

   4) Completion of the common commercial policy as it pertains to rules for imports is the only means of ensuring that the rules applying to the
      Community's trade with third countries correctly reflect the integration of the markets.

                                            ê 519/94 Recital 4 (adapted)

   5) Greater uniformity in the rules for imports Ö should Õ be achieved by laying down, as far as possible given the particular features of  the
      economic system in the third countries in question, provisions similar to those applied under the common rules for other third countries.

                                            ê 168/96 Art. 1 (adapted)

   6) The common rules applicable to imports also apply to Ö coal and steel Õ  products,  without  prejudice  to  any  measures  implementing  an
      agreement relating specifically to such products.

                                            ê 519/94 Recital 6 (adapted)

   7) The liberalisation of imports, namely the absence of any quantitative restrictions, Ö should Õ therefore form the starting  point  for  the
      Community rules.

                                            ê 519/94 Recital 8 (adapted)

   8) In the case of Ö some Õ products, the Commission Ö should Õ examine import terms and conditions, import trends, the various aspects of  the
      economic and commercial situation, and the measures, if any, to be taken.

                                            ê 519/94 Recital 9

   9) For those products, it may become apparent that there should be Community surveillance over certain of these imports.

                                            ê 519/94 Recital 10

  10) It is for the Commission and the Council to adopt the safeguard measures called for by the interests of the Community with due  regard  for
      existing international obligations.

                                            ê 519/94 Recital 11

  11) Surveillance or safeguard measures confined to one or more regions of the Community may nevertheless  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 519/94 Recital 12 (adapted)

  12) If Community surveillance is applied, release for free circulation of the products concerned Ö should Õ be made subject to presentation  of
      Ö a surveillance Õ document meeting uniform criteria. That document Ö should Õ, 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 Ö should Õ therefore be valid only during such period as the import rules remain unchanged.

                                            ê 139/96 Recital 2 (adapted)

  13) In the interests of good administrative management and to assist Community operators, the content and layout of the  surveillance  document
      should be aligned as far as possible with the common import licence forms provided for in Commission Regulations  (EC)  No  3168/94  of  21
      December 1994 establishing in the field of application of Council Regulation (EC) No 517/94 on common rules for imports of textile products
      from third countries not covered by bilateral agreements, protocols or other arrangements or by other specific  Community  import  rules  a
      Community import licence[9], (EC) No 3169/94 of 21 December 1994 amending Annex III to Council Regulation (EEC) No 3030/93 on common  rules
      for imports of certain textile products from third countries and establishing in the field of application of  the  Regulation  a  Community
      import licence[10] and (EC) No 738/94 of 30 March 1994 laying down certain rules for the  implementation  of  Council  Regulation  (EC)  No
      520/94 establishing a Community procedure for administering quantitative quotas[11], bearing in mind the technical characteristics  of  the
      surveillance document.

                                            ê 519/94 Recital 13

  14) It is in the interests of the Community that the Member States and  the  Commission  should  make  as  full  as  possible  an  exchange  of
      information resulting from Community surveillance.

                                            ê 519/94 Recital 14 (adapted)

  15) It is necessary to adopt precise criteria for assessing possible injury  and  to  introduce  an  investigation  while  still  allowing  the
      Commission to introduce appropriate measures in urgent cases.

                                            ê 519/94 Recital 15 (adapted)

  16) To this end, detailed provisions should be introduced on the opening of investigations, on the checks  and  inspections  required,  on  the
      hearing of those concerned, the treatment of information obtained and the criteria for assessing injury.

                                            ê 519/94 Recital 16

  17) The provisions on the investigations introduced by this Regulation do not prejudice Community or  national  rules  concerning  professional
      secrecy.

                                            ê 519/94 Recital 17

  18) 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 519/94 Recital 18 (adapted)

  19) In the interests of uniformity in rules for imports, the formalities to be carried out by importers should be simplified and Ö should Õ  be
      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 Ö this Õ Regulation.

                                            ê 519/94 Recital 19 (adapted)

  20) 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 519/94 Recital 22

  21) The textile products falling under 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[12] are subject to specific treatment at Community and international level. They should therefore be  completely  excluded  from  the
      scope of this Regulation,

                                            ê 519/94

HAS ADOPTED THIS REGULATION:

                                            ê 519/94 (adapted)

                                                                  Ö CHAPTER Õ I

                                            ê 519/94

                                                                General principles

                                                                    Article 1

                                            ê 168/96 Art. 2

1. This Regulation applies to imports of products originating in the third countries referred to in  Annex  I,  with  the  exception  of  textile
products covered by Regulation (EC) No 517/94.

                                            ê 519/94 (adapted)

2. Imports into the Community of the products referred to in paragraph 1 shall take place freely and so shall not be subject to any  quantitative
restrictions, without prejudice to the measures which may be taken under Ö Chapter Õ V.

                                            ê 519/94 (adapted)

                                                                  Ö CHAPTER Õ II

                                            ê 519/94

                                                 Community information and consultation procedure

                                            ê 519/94 (adapted)

                                                                    Article 2

The Commission shall be informed by the Member States should trends in imports appear to call for surveillance Ö or Õ  safeguard  measures.  This
information shall contain the available evidence on the basis of the criteria laid  down  in  Article  8.  The  Commission  shall  pass  on  this
information to all the Member States forthwith.

                                            ê 519/94

                                                                    Article 3

1. Consultations shall take place within an advisory committee, hereinafter called ‘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,  as  promptly  as  possible,  with  all  relevant
information.

                                                                    Article 4

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

                                            ê 519/94 (adapted)

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

                                            ê 519/94

3. Consultations shall cover in particular:

                                            ê 519/94 (adapted)

(a)   terms and conditions of importation, import trends, and the various aspects of  the  economic  and  commercial  situation  as  regards  the
       product in question;

                                            ê 519/94

(b)   matters concerning the administration of the trade agreements between the Community and the third countries referred to in Annex I;

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

4. Consultations may be 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.

                                            ê 519/94 (adapted)

                                                                 Ö CHAPTER Õ III

                                            ê 519/94

                                                        Community investigation procedure

                                            ê 519/94 (adapted)

                                                                    Article 5

1. Where, after Ö the Õ consultations, it is apparent to the Commission that there is  sufficient  evidence  to  justify  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 519/94

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

                                            ê 519/94 (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 519/94

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  this
Member State so wishes.

                                            ê 519/94 (adapted)

Interested parties which have made themselves known in accordance with Ö the first subparagraph of Õ paragraph 1, as well as the  representatives
of the exporting country, may inspect all information made available to the Commission within the framework of  the  investigation,  as  distinct
from internal documents prepared by the authorities of the Community or its Member States, provided that it is relevant to the defence  of  their
interests and not confidential within the meaning of Article 7 and that it is used by the Commission in the  investigation.  To  this  end,  they
shall address a written request to the Commission indicating the information required.

                                            ê 519/94

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.

4. The Commission may hear the interested parties. Such parties must be heard where they have applied in writing 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
investigations and that there are special reasons for them to be heard orally.

5. Where information is not supplied within the time limits set  by  this  Regulation  or  by  the  Commission  under  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.

6. Where it appears to the Commission, after the consultations referred to in paragraph 1, 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.

                                                                    Article 6

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

2. Where, within nine months of the initiation of the investigation, the  Commission  considers  that  no  Community  surveillance  or  safeguard
measures are necessary, the investigation shall be terminated, within one month, after consulting the Committee. The decision  to  terminate  the
investigation, stating the main conclusions of the investigation and a summary of the reasons  therefor,  shall  be  published  in  the  Official
Journal of the European Union.

                                            ê 519/94 (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 therefor.

4. The provisions of this Ö Chapter Õ shall not preclude the taking, at any time, of surveillance measures in accordance with Articles  9  to  14
or, where a critical situation, in which any delay would cause injury which it would be difficult to remedy, calls  for  immediate  intervention,
safeguard measures in accordance with Articles 15, 16 Ö and Õ 17.

                                            ê 519/94

The Commission shall immediately take the investigation measures it considers to be still necessary. The results of the  investigation  shall  be
used to re-examine the measures taken.

                                                                    Article 7

1. Information received in pursuance of 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 in pursuance of 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.

                                            ê 519/94 (adapted)

However, Ö if Õ 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.

                                            ê 519/94 (adapted)

4. Information Ö shall Õ 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.

                                            ê 519/94 (adapted)

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 in pursuance of this Regulation are based. These authorities must, however, take into account the  legitimate  interests  of  the
legal and natural persons concerned that their business secrets should not be divulged.

                                                                    Article 8

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

                                            ê 519/94

(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 the 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 the Community producers of similar or directly competitive products as indicated by  trends  in  certain  economic
       factors such as:

         – production,

         – utilisation of capacity,

         – 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.

2. In conducting the investigation, the Commission shall take account of the particular economic system of the countries referred to in Annex I.

3. 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)   the export capacity in the country of origin or export, already in existence or which will be operational in  the  foreseeable  future  and
       the likelihood that the resulting exports will be to the Community.

                                            ê 519/94 (adapted)

                                                                  Ö CHAPTER Õ IV

                                            ê 519/94

                                                                   Surveillance

                                                                    Article 9

1. Where the Community's interests so require, the Commission may, at the request of a Member State or on its own initiative:

(a)   decide to introduce retrospective Community surveillance of certain imports, in accordance with the procedure laid down by the Commission;

(b)   decide, for the purposes of monitoring the trend of these imports, to make certain imports subject  to  prior  Community  surveillance,  in
       accordance with Article 10.

2. The surveillance measures shall have a limited period of validity. Unless otherwise stipulated 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 10

                                            ê 139/96 Art. 2 pt. 1 (adapted)

1. Products under prior Community surveillance may be put into free circulation only on production of a surveillance document. Ö That Õ  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 following 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 be received by the national competent authority no later than three  working  days
after submission, unless it is proved otherwise.

                                            ê 139/96 Art. 2 pt. 1

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

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

(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 units (pairs, items, etc.);

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

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

      ‘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 519/94 (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 importation 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 the liberalisation of imports remain in force in respect of  the
transactions concerned. The Ö surveillance Õ documents may not in any event be used beyond the expiry of the period which Ö shall Õ be laid  down
at the same time and by means of the same procedure as the imposition of surveillance, and which Ö shall Õ take account  of  the  nature  of  the
products and other special features of the transactions.

                                            ê 519/94

6. Where the decision taken under Article 9 so requires, the origin of products under Community surveillance must be proved by a  certificate  of
origin. This paragraph shall not prejudice other provisions concerning the production of any such certificate.

                                            ê 519/94 (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. 2 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 × 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 519/94

                                                                    Article 11

Where the Community's interests so require, the Commission may, at the request of a Member State or on  its  own  initiative,  if  the  situation
referred to in Article 15(1) is likely to arise:

                                            ê 519/94 (adapted)

     – limit the period of validity of any Ö surveillance Õ document required;

     – make issue of Ö that Õ document subject to certain conditions and, as an  exceptional  measure,  subject  to  insertion  of  a  revocation
       clause, or, with the frequency and for the length of time indicated by the Commission, to the prior information and consultation procedure
       referred to in Articles 3 Ö and 4 Õ .

                                                                    Article 12

Where importation of a product has not been made subject to prior Community surveillance within a period of eight working days following the  end
of consultations, the Commission may introduce, in accordance with Article 17, surveillance confined to imports Ö into Õ one or more  regions  of
the Community.

                                                                    Article 13

                                            ê 139/96 Art. 2 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.
Ö That Õ 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.

                                            ê 139/96 Art. 2 pt. 3

2. Article 10(2) shall apply.

                                            ê 519/94

                                                                    Article 14

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

                                            ê 519/94 (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 or endorsed 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 519/94

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.

                                            ê 519/94 (adapted)

                                                                  Ö CHAPTER Õ V

                                            ê 519/94

                                                                Safeguard measures

                                                                    Article 15

1. Where a product is imported into the Community in such greatly increased quantities or on such terms or conditions as to  cause,  or  threaten
to cause, serious injury to Community producers of like or directly competing products, 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, alter the import rules for that product by  providing  that
it may be put into free circulation only 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.

                                            ê 519/94 (adapted)

2. The measures adopted shall be communicated forthwith to the Council and the Member States Ö and Õ shall take effect immediately.

                                            ê 519/94

3. 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 17 they may be confined to one or more regions of the Community.

                                            ê 519/94 (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, under Articles 10 and 13, may be put into free circulation only  on
production of a Ö surveillance Õ document are in fact accompanied by such a document.

                                            ê 519/94

4. 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.

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

6. If a Member State refers the decision taken by the Commission to the Council, the Council may, acting by a qualified majority, confirm,  amend
or revoke the decision of the Commission.

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

                                                                    Article 16

1. The Council may, in particular in the situation referred to in Article 15(1),  adopt  appropriate  measures.  It  shall  act  by  a  qualified
majority on a proposal from the Commission.

2. Article 15(3) shall apply.

                                            ê 519/94 (adapted)

                                                                    Article 17

Where, on the basis, in particular, of the factors referred to in Article 8, it emerges that  the  conditions  laid  down  for  the  adoption  of
measures under Ö Chapter Õ IV and Article 15 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.

                                            ê 519/94

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

These measures shall be adopted in accordance with the procedures laid down in Articles 9 and 15 respectively.

                                            ê 519/94 (adapted)

                                                                    Article 18

1. While any surveillance or safeguard measure applied in accordance with Ö Chapters Õ IV and V is in operation,  the  consultations  within  the
Committee provided for in Article 3 shall be held, either at the request of a Member State or on the initiative of the  Commission.  The  purpose
of such consultations shall be:

                                            ê 519/94

(a)   to examine the effects of the measure;

                                            ê 519/94 (adapted)

(b)   to ascertain whether Ö the Õ application Ö of the measure Õ 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 Ö Chapters Õ IV and V should be revoked or amended, it shall proceed as follows:

                                            ê 519/94

(a)   where the Council has taken no decision on a measure taken by the Commission, the latter shall amend or revoke such measure  forthwith  and
       shall immediately deliver a report to the Council;

(b)   in all other cases, the Commission shall propose to the Council that the measures adopted  by  the  Council  be  revoked  or  amended.  The
       Council shall act by a qualified majority.

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

                                            ê 519/94 (adapted)

                                                                  Ö CHAPTER Õ VI

                                            ê 519/94

                                                                 Final provisions

                                                                    Article 19

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.

The Member States shall inform the Commission of the measures or formalities to be introduced or amended in accordance with  this  paragraph.  In
the event of extreme urgency, the national measures or formalities in question shall be communicated to the  Commission  immediately  upon  their
adoption.

                                                                    Article 20

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 adopted under Article 308  of  the  Treaty
applicable to goods resulting from the processing of agricultural products. It shall operate by way of complement to those instruments.

                                            ê 519/94 (adapted)

2. In the case of products covered by the instruments referred to in paragraph 1, Articles 9 to 14 and 18 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 519/94

Articles 15, 17 and 18 shall not apply to those products in respect of which such rules  make  provision  for  the  application  of  quantitative
import restrictions.

                                            ê 

                                                                    Article 21

Regulation (EC) No 519/94 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 IV.

                                            ê 519/94 (adapted)

                                                                    Article 22

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

                                            ê 519/94

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

Done at Brussels, […]

      For the Council
      The President
      […]

                                            ê 519/94

                                                                     ANNEX I

                                                             List of third countries

Armenia

Azerbaijan

Belarus

Kazakhstan

North Korea

Russia

Tajikistan

Turkmenistan

Ukraine

Uzbekistan

Vietnam

                                                               ____________________

                                            ê 139/96 Art. 2 pt. 4 and Annex II

                                                                   ANNEX IV II

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                                                      [pic]

                                                                 _______________

                                            é

                                                                    ANNEX III

                                                Repealed Regulation with its successive amendments

|Council Regulation (EC) No 519/94                                                         |                                   |
|(OJ L 67, 10.3.1994, p. 89)                                                               |                                   |
|Council Regulation (EC) No 1921/94                                                      |                                      |
|(OJ L 198, 30.7.1994, p. 1)                                                             |                                      |
|Council Regulation (EC) No 538/95                                                       |                                      |
|(OJ L 55, 11.3.1995, p. 1)                                                              |                                      |
|Council Regulation (EC) No 839/95                                                       |                                      |
|(OJ L 85, 19.4.1995, p. 9)                                                              |                                      |
|Council Regulation (EC) No 139/96                                                       |Article 2 only                        |
|(OJ L 21, 27.1.1996, p. 7)                                                              |                                      |
|Council Regulation (EC) No 168/96                                                       |                                      |
|(OJ L 25, 1.2.1996, p. 2)                                                               |                                      |
|Council Regulation (EC) No 752/96                                                       |                                      |
|(OJ L 103, 26.4.1996, p. 1)                                                             |                                      |
|Council Regulation (EC) No 1897/96                                                      |                                      |
|(OJ L 250, 2.10.1996, p. 1)                                                             |                                      |
|Council Regulation (EC) No 847/97                                                       |                                      |
|(OJ L 122, 14.5.1997, p. 1)                                                             |                                      |
|Council Regulation (EC) No 1138/98                                                      |                                      |
|(OJ L 159, 3.6.1998, p. 1)                                                              |                                      |
|Council Regulation (EC) No 427/2003                                                     |Article 22(1) and (2) only            |
|(OJ L 65, 8.3.2003, p. 1)                                                               |                                      |

                                                                  _____________

                                                                     ANNEX IV

                                                                Correlation Table

|Regulation (EC) No 519/94                                          |This Regulation                                                    |
|Article 1(1) and (2)                                               |Article 1(1) and (2)                                               |
|Article 1(4)                                                       |_                                                                  |
|Article 2                                                          |Article 2                                                          |
|Article 3, initial phrase                                          |Article 4(1)                                                       |
|Article 3, final phrase                                            |Article 4(2)                                                       |
|Article 4(1) and (2)                                               |Article 3(1) and (2)                                               |
|Article 4(3) and (4)                                               |Article 4(3) and (4)                                               |
|Article 5(1) introductory wording                                  |Article 5(1) first subparagraph, introductory sentence, initial    |
|                                                                   |wording                                                            |
|Article 5(1)(a)                                                    |Article 5(1), first subparagraph, introductory sentence, final     |
|                                                                   |wording and points (a), (b) and (c)                                |
|Article 5(1)(b)                                                    |Article 5(1), second subparagraph                                  |
|Article 5(2) to (6)                                                |Article 5(2) to (6)                                                |
|Article 6                                                          |Article 6                                                          |
|Article 7(1)                                                       |Article 7(1)                                                       |
|Article 7(2)(a)                                                    |Article 7(2)                                                       |
|Article 7(2)(b) first subparagraph                                 |Article 7(3) first subparagraph                                    |
|Article 7(2)(b) second subparagraph                                |Article 7(3) second subparagraph                                   |
|Article 7(3)                                                       |Article 7(4)                                                       |
|Article 7(4)                                                       |Article 7(5)                                                       |
|Articles 8 to 14                                                   |Articles 8 to 14                                                   |
|Article 15(1) and (2)                                              |Article 15(1) and (2)                                              |
|Article 15(3)(a)                                                   |Article 15(3), first subparagraph                                  |
|Article 15(3)(b)                                                   |Article 15(3), second subparagraph                                 |
|Article 15(4), (5) and (6)                                         |Article 15(4), (5) and (6)                                         |
|Articles 16, 17 and 18                                             |Articles 16, 17 and 18                                             |
|Article 19(1)                                                      |Article 19(1)                                                      |
|Article 19(2)(a), introductory wording                             |Article 19(2), first subparagraph, introductory wording            |
|Article 19(2)(a)(i), (ii) and (iii)                                |Article 19(2), first subparagraph, points (a), (b) and (c)         |
|Article 19(2)(b)                                                   |Article 19(2), second subparagraph                                 |
|Article 20                                                         |Article 20                                                         |
|Article 21                                                         |_                                                                  |
|Article 22                                                         |_                                                                  |
|Article 23                                                         |_                                                                  |
|_                                                                  |Article 21                                                         |
|Article 24                                                         |Article 22                                                         |
|Annex I                                                            |Annex I                                                            |
|Annex IV                                                           |Annex II                                                           |
|_                                                                  |Annex III                                                          |
|_                                                                  |Annex IV                                                           |

                                                                  _____________

                                                             -----------------------
[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 III to this proposal.
[5]   OJ C […], […], p. […].
[6]   OJ C […], […], p. […].
[7]   OJ L 67, 10.3.1994, p. 89. Regulation as last amended by Regulation (EC) No 427/2003 (OJ L 65, 8.3.2003, p. 1).
[8]   See Annex III.
[9]   OJ L 335, 23.12.1994, p. 23. Regulation as last amended by the 2003 Act of Accession.
[10]  OJ L 335, 23.12.1994, p. 33.
[11]  OJ L 87, 31.3.1994, p. 47. Regulation as last amended by Regulation (EC) No 983/96 (OJ L 131, 1.6.1996, p. 47).
[12]  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).

-----------------------
12.   Value in euro, cif at Community   frontier

12.   Value in euro, cif at Community   frontier