CELEX: 51992PC0062(01)
Language: en
Date: 1992-02-25
Title: Proposal for a COUNCIL REGULATION ( EEC ) on certain modalities for the application of the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, of the other part

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                 COM(92) 62 final
                                                 Brussels, 25 February 1992
                               Proposal for a
                          COUNCIL REGULATION (EEC)
    on certain modalities for the application of the Interim Agreement
on trade and trade-related matters between the European Economic Community
      and the European Coal and steel Community, of the one part, and
                 the Republic of Poland, of the other part
                               Proposal for a
                          COUNCIL REGULATION (EEC)
    on certain modalities for the application of the Interim Agreement
on trade and trade-related matters between the European Economic Community
      and the European Coal and Steel Community, of the one part, and
                 the Republic of Hungary, of the other part
                                Proposal for a
                          COUNCIL REGULATION (EEC)
    on certain modalities for the application of the Interim Agreement
on trade and trade-related matters between the European Economic Community
      and the European Coal and Steel Community, of the one part, and
              the Czech and Slovak Republic, of the other part
                        (presented by the Commission)
 ---pagebreak---                       Explanatory memorandum
1.    The proposed regulations aim at the introduction of the
      modalities for the application of certain safeguard
      measures and measures of commercial protection contained in
      the interim agreements preceding the Europe Agreements
      concluded between the European Economic Community and the
      European Coal and Steel Community of the one partPoland,
      Hungary and Czechoslovakia of the other part.
2.    The objectif is the introduction of specific rules to the
      general provisions concerning the common import regime
      including the provisions establishing a protection against
      subsidies and dumping practices in relation with imports
      from third countries. The specific rules shall abide by the
      obligations undertaken in the interim agreements and shall
      moreover in the light of the completion of the single
      market introduce a Community procedure for the application
      of such measures.
3.    The regulations introduce moreover rules concerning the
      possible application of safeguard measures in the area of
      the common market organizations for agricultural products
      and in the area of processed agricultural goods.
4.    The regulations are to a large extent similar or even
      identical to those adopted for the application of the
      Lomé-agreements1) and the agreement between the CEE and
      Austria 2 ).
1) O.J. Nr. L 358 of 21.12.1990,p. 4
2) O.J. N° L 74 Of 20.3.1990, p. 1
 ---pagebreak---                                    Proposai for
                       REGULATION (EEC) OF THE COIINC!)
  on certain modalities for the application of the interim agreement on
 trade and trade related matters between the European Economic Community
and the European Coal and Steel Community of the one part and the
Republic of Poland of the other part
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the proposal from the Commission,
WHEREAS an interim agreement on trade and trade related matters between
the European Economic Community and the European Coal and Steel
Community of the one part and the Republic of Poland of the other part
("the Agreement") was signed in Brussels on 16 December 1991;
WHEREAS,    it is necessary       to lay down the modalities    for  the
implementation of certain provisions of the Agreement;
WHEREAS, this Regulation lays down the specific provisions concerning
the general rules set out in Council Regulation (EEC) N° 288/82 of 5
February 1982 on common rules for imports1), as last amended by
Regulation (EEO2727/90 of 26 September          1990 2 ) and in Council
Regulation (EEC) 2423/88 of 11 July 1988 on protection against dumped
or subsidized imports from countries not members of the European
Economic Community3^ where the Agreement makes this necessary,
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 Economic Community;
WHEREAS, specific provisions have been adopted concerning safeguard
measures to be applied to textile products referred to in Protocol 1 of
the Agreement;
1) O.J. L 35, 9.2.1982, p.1
2) O.J. L 262 of 26 September 1990, P. 11
3) O.J. .N° L .209. 2.8.88, p,.18
 ---pagebreak--- WHEREAS specific procedures have to be introduced        for the application
of safeguard measures in the agricultural sectors;
                       Title I : Agricultural   products
                                    Article 1.
Provisions for the implementation of Article 14 paragraph 2 and 4 of
the Agreement concerning agricultural products coming under Annex II of
the Treaty       and  subject   in the     framework  of a common     market
organization to a regime of levies and concerning products falling
within NC code 0711.50 and 2003.1010 are adopted in accordance with
Article 26 of Regulation (CEE) N° 2727/75 of 9 October 1975 5 ) or in
accordance with the corresponding provisions of other            regulations
establishing a common organization of the agricultural markets. These
provisions may provide for the introduction of import certificates in
those sectors in which such certificates are not provided for by the
common organisation of agricultural markets.
                        Title II: Protective measures
                                   Article 2
The Council may, in accordance with the procedure provided for in
Article 113 of the Treaty, decide to make a reference to the Joint
Committee established by the Agreement concerning the measures provided
for in Articles 22 and 44, paragraph 2. Where necessary, the Council
shall adopt these measures in accordance with the same procedure.
The Commission may submit the necessary proposals to this end on         its
own initiative or at the request of a Member State.
                                   Article 3
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
5) J..0»U..281 ,of 1 november 1975
 ---pagebreak---  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 case of public aids, to which regulation (EEC) N°     2423/88
 applies which     latter measures shall       be taken according    to the
procedures laid down in that regulation.
2.      In the case of a practice that may cause safeguard measures to be
applied to the Community 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.
                                   Article 4
In the case of dumping,       liable to warrant the application by the
Community of the measures provided for in Article 23 of the Agreement,
the introduction of anti-dumping measures shall be decided upon in
accordance with the provisions laid down in Regulation (EEC) N°2423/88
and the procedure provided for in Articles 27 paragraph 2 and 27
paragraph 3 (b) or ( d ) .
                                   Article 5
1.     Where a Member State requests the Commission to apply safeguard
measures as provided for in Articles 24 or 25 of the Agreement, it
shall provide the Commission with the information needed to justify
it's request to apply safeguard measures.
If the Commission decides not to apply them, the Commission 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 a qualified majority,             indicates    it's
intention to adopt a different decision, the Commission shall inform
the Republic of       Poland   and    shall  notify  the opening    of    the
consultations    within    the Mixed     Commission  as  provided   for    in
Article 27, paragraphs 2 and 3 of the Agreement.
 ---pagebreak--- The Council, acting at a qualified majority, may take such a different
decision   within   20 working  days  after   the  conclusion   of   the
consultations with Poland within that commission.
2.    The Commission shall be assisted by a committee composed of
representatives of the Member States and chaired by a representative of
the Commission ("the Committee").
The committee shall meet when convened by its chairman. The latter
shall communicate any appropriate information to the member States
without delay.
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 24 or 25 of the Agreement should be applied:
       it shall   inform the Member State forthwith 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 (hereinafter referred to as "the
      commi ttee"),
      at the same time it shall inform the Republic of Poland and
      notify the Joint Committee of the opening of consultations as
      referred to in Article 27 paragraphs 2 and 3 of the Agreement,
      at the same time it shall provide the Joint Committee with all
      the information necessary for these consultations.
4.    In any event, the consultations within the Joint Committee shall
be deemed to be completed 30 days after the notification referred to in
the fourth subparagraph of paragraph 1 and in 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 24 and 25 of the Agreement.
 ---pagebreak---  5.    The decision referred to in paragraph 4 shall be notified
 forthwith to the Council, the Member States and the Republic of Poland.
 It shall also be notified to the Joint Committee.
 It shall be immediately applicable.
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 10 working days
following the end of the consultations with the Joint Committee or, as
the case may be, the end of the period 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 paragraphs 6 and 7 respectively    the
Council, acting by a qualified majority, may adopt a different decision
within 20 working days.
                                 Article 6
1.     Where exceptional circumstances arise within the meaning of
Article 27 paragraph 3 (d) of the Agreement, the Commission may take
immediate safeguard measures in the cases referred to in Articles 24
and 25 of the Agreement.
2.     If the Commission receives a request from a Member State it shall
take a decision thereon within five working days following receipt of
the request.
It 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 5
paragraph 6 of this regulation.
The procedure    set  out   in  Article 5    paragraphs 6 to 8 shall   be
applicab le.
 ---pagebreak---                                   -8
 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 procedure laid down  in the preceding subparagraphs.
                                Art icle 7
The procedures laid down in Articles 5 and 6 shall not         apply to
products referred to in Protocol 1 (on textile and clothing    products)
of the Agreement.
                                Article 8
1.    By derogation to Articles 5 and 6, if the circumstances demand
that measures are taken concerning agricultural products on the basis
of Articles 15 and 24 of the Agreement or on the basis of provisions in
the Annexes covering these products, such measures shall be taken
according to procedures laid down in the regulations establishing a
common organization of the agricultural markets, or         in specific
provisions adopted under Article 235 of the Treaty and applicable to
products resulting from the processing of agricultural         products,
provided that the conditions established under Articles 15 or 27,
paragraph 2 and 3 of the Agreement are met.
                                Article 9
Notification to the Joint Committee by the Community as required by
the Agreement shall be the responsibility of the Commission.
                               Article 10
The provisions of this regulation do not preclude the application of
safeguard measures provided for in the Treaty establishing the European
Economic Community, in particular Articles 108 and 109, according to
the procedures laid down therefore.
 ---pagebreak---                                    y
                               Article 11
This Regulation shall enter into force on                1992.
This Regulation shall be binding       in   its entirety  and  directly
applicable in all Member States.
Done at Brussels,
                           For the CounciI,
                           The President,
 ---pagebreak---                                  -A»
                        Draft joint declaration
The Council and the Commission declare that it is advisable in the
context of the completion of the Single market on 1.1.1993 to confer on
the Commission the powers for execution as far as the commercial
concessions granted by the international agreements concluded by the
Community are concerned. To this end the Council invites the Commission
to submit the necessary proposals as soon as possible.
 ---pagebreak---                                      M
                               Proposal for
                     REGULATION (EEC) OF THE COUNCIL
  on certain modalities for the application of the interim agreement on
 trade and trade related matters between the European Economic Community
and the European Coal and Steel Community of the one part and the
Republic of Hungary of the other part
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the proposal from the Commission,
WHEREAS an interim agreement on trade and trade related matters between
the European Economic Community and the European Coal and Steel
Community of the one part and the Republic of Hungary of the other
part ("the Agreement") was signed in Brussels on 16 December 1991;
WHEREAS,   it is necessary     to lay down the modalities       for  the
implementation of certain provisions of the Agreement;
WHEREAS, this Regulation lays down the specific provisions concerning
the general rules set out in Council Regulation (EEC) N° 288/82 of 5
February 1982 on common rules for imports1), as last amended by
Regulation (EEO2727/90 of 26 September 1990 2 ) and in Council
Regulation (EEC) 2423/88 of 11 July 1988 on protection against dumped
or subsidized imports from countries not members of the European
Economic Community3) where the Agreement makes this necessary,
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 Economic Community;
WHEREAS, specific provisions have been adopted concerning safeguard
measures to be applied to textile products referred to in Protocol 1 of
the Agreement ;
1) O.J. L 35, 9.2.1982, p.1
2) O.J. L 262 of 26 September 1990, P. 11
31 O I N° I onq 2.8.88. p.18
 ---pagebreak---                                       -At
WHEREAS, specific procedures have to be introduced for the application
of safeguard measures in the agricultural sectors
                       Title I : Agricultural    products
                                    Article 1.
Provisions for the implementation of Article 14 paragraph 2 and 4 of
the Agreement concerning agricultural products coming under Annex II of
the Treaty      and   subject   in the     framework   of a common   market
organization to a regime of levies and concerning products falling
within NC code 0711.50 and 2003.1010 are adopted in accordance with
Article 26 of Regulation (CEE) N° 2727/75 of 9 October 1975 5 >or in
accordance with the corresponding provisions of other           regulations
establishing a common organization of the agricultural markets. These
provisions may provide for the introduction of import certificates in
those sectors in which such certificates are not provided for by the
common organisation of agricultural markets.
                        Title II: Protective measures
                                   Art icle 2
The Council may, in accordance with the procedure provided for in
Article 113 of the Treaty, decide to refer to the Joint Committee
established by the Agreement for the purpose of taking the measures
provided for in Articles 22 and 43, paragraph 2. Where necessary, the
Council shall adopt these measures            in accordance with the same
procedure.
The Commission may submit the necessary proposals to this end on        its
own initiative or at the request of a Member State.
                                   Art icle 3
1.     In the case of a practice that may justify application by the
Community of the measures provided for in Article 32 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
                  1
5) .i-O.L. 284 of   november .1975
 ---pagebreak---                                    *
 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 case of public aids, to which regulation (EEC) N° 2423/88
applies, when measures are taken according to the procedures laid down
 in that régulât ion.
2.     In the case of a practice that may cause safeguard measures to be
applied to the Community on the basis of Article 32 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.
                                Article 4
In the case of dumping, liable to warrant the application by the
Community of the measures provided for in Article 23 of the Agreement,
the introduction of anti-dumping measures shall be decided upon in
accordance with the provisions laid down in Regulation (EEC) N°2423/88
and the procedure provided      for in Articles 27 paragraph 2 and 27
paragraph 3 (b) or (d).
                                Article 5
1.     Where a Member State requests the Commission to apply safeguard
measures as provided for    in Articles 24 or 25     of the Agreement, it
shall    provide the Commission with the information needed to justify
it's   request to apply safeguard measures.
 If the Commission decides not to apply them, the Commission 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.
 ---pagebreak---                                    -Àl\
 If the Council, acting by a qualified majority,          indicates   it's
 intention to adopt a different decision, the Commission shall inform
 the Republic of Hungary      and shall    notify  the opening of      the
consultations within the Mixed Commission as provided for in Article
27, paragraphs 2 and 3 of the Agreement.
The Council, acting at a qualified majority, may take such a different
decision    within   20 working   days  after   the conclusion    of   the
consultations with Hungary within that commission.
2.     The Commission shall be assisted by a committee composed of
representatives of the Member States and chaired by a representative of
the Commission ("the Committee").
The committee shall meet when convened by its chairman. The         latter
shall communicate any appropriate information to the member         States
without delay.
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 24 or 25 of the Agreement should be applied:
       it shall    inform the Member State forthwith 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 the Republic of Hungary and
       notify the Joint Committee of the opening of consultations as
       referred to in Article 27 paragraphs 2 and 3 of the Agreement,
       at the same time it shall provide the Joint Committee with all
       the information necessary for these consultations.
4.     In any event, the consultations within the Joint Committee shall
be deemed to be completed 30 days after the notification referred to in
the fourth subparagraph of paragraph 1 and in 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 24 and 25 of the Agreement.
 ---pagebreak---                                      -Kb-
 5.     The decision referred to in paragraph 4 shall be notified
 forthwith to the Council, the Member States and the Republic of
 Hungary. It shall also be notified to the Joint Committee.
 It shall be immediately applicable.
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 10 working days
following the end of the consultations with the Joint Committee or, as
the case may be, the end of the period 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 paragraphs         6 and 7 the Council,
acting by a qualified majority, may adopt a different decision within
20 working days.
                                  Article 6
1.     Where exceptional circumstances arise within the meaning of
article 27 paragraph 3 (d) of the Agreement, the Commission may take
immediate safeguard measures in the cases referred to in articles 24
and 25 of the Agreement.
2.     If the Commission receives a request from a Member State it shall
take a decision thereon within five working days following receipt of
the request.
It 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 5
paragraph 6 of this Regulation.
The procedure     set  out   in  Article 5    paragraphs 6  to 8 shall   be
appl icable.
 ---pagebreak---                                    -kt>
 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 procedure laid down  in the preceding subparagraphs.
                                Article 7
The procedures laid down in Articles 5 and 6 shall not         apply to
products referred to in Protocol 1 (on textile and clothing    products)
of the Agreement
                                Article 8
1.    By derogation to Articles 5 and 6, if the circumstances demand
that measures are taken concerning agricultural products on the basis
of Articles 15 and 24 of the Agreement or on the basis of provisions in
the Annexes covering these products, such measures shall be taken
according to procedures laid down in the regulations establishing a
common organization of the agricultural markets, or         in specific
provisions adopted under Article 235 of the Treaty and applicable to
products resulting from the processing of agricultural         products,
provided that the conditions established under Articles 15 or 27,
paragraph 2 and 3 of the Agreement are met.
                                Art icle 9
Notification to the Joint Committee by the Community as required      by
the Agreement shall be the responsibility of the Commission.
                               Article 10
The provisions of this regulation do not preclude the application of
safeguard measures provided for in the Treaty establishing the European
Economic Community, in particular Articles 108 and 109, according to
the procedures laid down therefore.
 ---pagebreak---                                       M
                                A r t i c l e 11
This Regulation shall enter into force on                     1992.
This Regulation shall     be binding          in its entirety  and  directly
applicable in all Member States.
Done at Brussels,
                            For the Counci I,
                            The President,
 ---pagebreak---                                  -A8
                        Draft joint declaration
The Council and the Commission declare that it is advisable in the
context of the completion of the Single market on 1.1.1993 to confer on
the Commission the powers for execution as far as the commercial
concessions granted by the international agreements concluded by the
Community are concerned. To this end the Council invites the Commission
to submit the necessary proposals as soon as possible.
 ---pagebreak---                                      »
                                Proposal for
                     REGULATION (EEC) OF THE COUNCIL
  on certain modalities for the application of the interim agreement on
trade and trade related matters between the European Economic Community
and the European Coal and Steel Community of the one part and the
Czech and Slovak Federal Republic of the other part
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the proposal from the Commission,
WHEREAS an interim agreement on trade and trade related matters between
the European Economic Community and the European Coal and Steel
Community of the one part and the Czech and Slovak Federal Republic
of the other part ("the Agreement") was signed in Brussels on 16
December 1991 ;
WHEREAS,    it is necessary     to lay down the modalities      for  the
 implementation of certain provisions of the Agreement;
WHEREAS, this Regulation lays down the specific provisions concerning
the general rules set out in Council Regulation (EEC) N° 288/82 of 5
February 1982 on common rules for imports1), as last amended by
Regulation (EEO2727/90 of 26 September        1990 2 ) and in Council
Regulation (EEC) 2423/88 of 11 July 1988 on protection against dumped
or subsidized imports from countries not members of the European
Economic Community3^ where the Agreement makes this necessary,
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 Economic Community;
1) O.J. L 35, 9.2.1982, p.1
2) O.J. L 262 of 26 September 1990, P. 11
3) O..I. N° l 209, 2.8.88. D.18
 ---pagebreak---                                      * >
WHEREAS, specific provisions have been adopted concerning safeguard
measures to be applied to textile products referred to in Protocol 1 of
 the Agreement;
WHEREAS, specific procedures have to be introduced for the application
of safeguard measures in the agricultural sectors;
                      Title I : Agricultural products
                                   Art icle 1.
Provisions for the implementation of Article 14 paragraph 2 and 4 of
the Agreement concerning agricultural products coming under Annex II of
the Treaty      and  subject   in the     framework of a common   market
organization to a regime of levies and concerning products falling
within NC code 0711.50 and 2003.1010 are adopted in accordance with
Article 26 of Regulation (CEE) N° 2727/75 of 9 October 1975 5 >or in
accordance with the corresponding provisions of other regulations
establishing a common organization of the agricultural markets. These
provisions may provide for the introduction of import certificates in
those sectors in which such certificates are not provided for by the
common organisation of agricultural markets.
                       Title II: Protective measures
                                  Article 2
The Council may, in accordance with the procedure provided for in
Article 113 of the Treaty, decide to make a reference to the Joint
Committee established by the Agreement concerning the measures provided
for in Articles 22 and 44, paragraph 2. Where necessary, the Council
shall adopt these measures in accordance with the same procedure.
The Commission may submit the necessary proposals to this end on     its
own initiative or at the request of a Member State.
                                  Article 3
5) J..0»U..?81 of 1 november,1975
 ---pagebreak---                                      -«H
 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 case of public aids, to which regulation (EEC) N° 2423/88
applies which      latter measures shall      be taken according   to the
procedures laid down in that regulation.
2.      In the case of a practice that may cause safeguard measures to be
applied to the Community 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.
                                  Art icle 4
 In the case of dumping,      liable to warrant the application by the
Community of the measures provided for in Article 23 of the Agreement,
the introduction of anti-dumping measures shall be decided upon in
accordance with the provisions laid down in Regulation (EEC) N°2423/88
and the procedure provided       for in Articles 27 paragraph 2 and 27
paragraph 3 (b) or (d).
                                 Article 5
1.     Where a Member State requests the Commission to apply safeguard
measures as provided for in Articles 24 or 25 of the Agreement, it
shall     provide the Commission with the information needed to justify
it's request to apply safeguard measures.
If the Commission decides not to apply them, the Commission 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.
 ---pagebreak---                                    fr
 If the Council, acting by a qualified majority, indicates it's
 intention to adopt a different decision, the Commission shall inform
the Czech and Slovak Federal Republic and shall notify the opening of
the consultations within the Mixed Commission as provided for in
Article 27, paragraphs 2 and 3 of the Agreement.
The Council, acting at a qualified majority, may take such a different
decision within      20 working days after     the conclusion    of  the
consultations with Czechoslovakia within that commission.
2.     The Commission shall be assisted by a committee composed of
representatives of the Member States and chaired by a representative of
the Commission ("the Committee").
The committee shall meet when convened by its chairman. The latter
shall communicate any appropriate information to the member States
without delay.
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 24 or 25 of the Agreement should be applied:
       it shall    inform the Member State forthwith 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, (hereinafter referred to as "the
       commi ttee"),
       at the same time it shall inform the Czech and Slovak Federal
       Republic and notify the Joint Committee of the opening of
       consultations as referred to in Article 27 paragraphs 2 and 3 of
       the Agreement,
       at the same time it shall provide the Joint Committee with all
       the information necessary for these consultations.
4.     In any event, the consultations within the Joint Committee shall
be deemed to be completed 30 days after the notification referred to in
the fourth subparagraph of paragraph 1 and in paragraph 3.
 ---pagebreak---                                     %
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 24 and 25 of the Agreement.
5.     The decision referred to in paragraph 4 shall be notified
 forthwith to the Council, the Member States and the Czech and Slovak
Federal Republic. It shall also be notified to the Joint Committee.
 It shall be immediately applicable.
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 10 working days
following the end of the consultations with the Joint Committee or, as
the case may be, the end of the period 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 paragraphs 6 and 7 respectively the
Council, acting by a qualified majority, may adopt a different decision
within 20 working days.
                                 Article 6
1.     Where exceptional circumstances arise within the meaning of
article 27 paragraph 3 (d) of the Agreement, the Commission may take
immediate safeguard measures in the cases referred to in articles 24
and 25 of the Agreement.
2.     If the Commission receives a request from a Member State it shall
take a decision thereon within five working days following receipt of
the request.
It 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 5
paragraph 6 of this regulation.
 ---pagebreak---                                    -à\
 The procedure  set  out   in  Article 5    paragraphs 6 to 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 procedure laid down  in the preceding subparagraphs.
                                 Article 7
The procedures laid down in articles 5 and 6 shall not apply to
products referred to in Protocol 1 ( on textile and clothing products)
of the Agreement.
                                 Art icle 8
 1.   By derogation to Articles 5 and 6, if the circumstances demand
that measures are taken concerning agricultural products on the basis
of Articles 15 and 24 of the Agreement or on the basis of provisions in
the Annexes covering these products, such measures shall be taken
according to procedures laid down in the regulations establishing a
common organization of the agricultural markets, or in specific
provisions adopted under Article 235 of the Treaty and applicable to
products resulting from the processing of agricultural products,
provided that the conditions established under Articles 15 or 27,
paragraph 2 and 3 of the Agreement are met.
                                 Art icle 9
Notification to the Joint Committee by the Community as required by
the Agreement shall be the responsibility of the Commission.
                                Article 10
The provisions of this regulation do not preclude the application of
safeguard measures provided for in the Treaty establishing the European
Economic Community, in particular Articles 108 and 109, according to
the procedures laid down therefore.
 ---pagebreak---                                 A r t i c l e 11
This Regulation shall enter into force on                     1992.
This Regulation shall     be binding          in its entirety  and  directly
applicable in all Member states.
Done at Brussels,
                            For the CounciI,
                            The President,
 ---pagebreak---                                   $
                        Draft joint declaration
The Council and the Commission declare that it is advisable in the
context of the completion of the Single market on 1.1.1993 to confer on
the Commission the powers for execution as far as the commercial
concessions granted by the international agreements concluded by the
Community are concerned. To this end the Council invites the Commission
to submit the necessary proposals as soon as possible.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM(92) 62 final
                                                      DOCUMENTS
EN                                                                              11
                                 Catalogue number : CB-CO-92-070-EN-C
                                                             ISBN 92-77-41481-2
Office for Official Publications of the European Communities
L-2985 Luxembourg