CELEX: 51996PC0018
Language: en
Date: 1996-01-24
Title: Proposal for a Council Decision laying down the procedure for adopting the Community' s position in the Customs Union Joint Committee set up by Decision No 1/95 of the EC-Turkey Association Council on implementation of the final phase of the Customs Union

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51996PC0018

Proposal for a Council Decision laying down the procedure for adopting the Community' s position in the Customs Union Joint Committee set up by Decision No 1/95 of the EC-Turkey Association Council on implementation of the final phase of the Customs Union  /* COM/96/0018 FINAL - CNS 96/0020 */  

Official Journal C 084 , 21/03/1996 P. 0014

Proposal for a Council Decision laying down the procedure  for adopting the Community's position in the Customs Union Joint Committee set up by Decision No  1/95 of the EC-Turkey Association Council on implementation of the final phase of the Customs  Union(96/C  84/08)COM(96) 18 final - 96/0020(CNS)(Submitted by the Commission on 25  January 1996)THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 235, in  conjunction with the second sentence of Article 228  (2), the first subparagraph of Article 228   (3) and Article 228  (4) thereof, Having regard to the opinion of the European Parliament, Having regard to the proposal from the Commission, Whereas Decision No 1/95 of the EC-Turkey Association Council established a Customs Union Joint  Committee; whereas that Committee is empowered to frame recommendations to the Association Council  and has decision-making powers in the cases provided for by the said Decision; Whereas for the purposes of Joint Committee proceedings it is necessary to lay down rules for  adoption of common positions on the basis of which the Community, represented on the Committee by  the Commission, can enter into commitments vis-à-vis Turkey; Whereas the Joint Committee's task is to ensure the proper functioning of the Customs Union and  freedom of trade between the Parties; whereas common positions to be adopted by the Community  accordingly fall within the scope of Article 113 of the Treaty establishing the European Community,  and the procedure provided for by that Article should as a rule apply; Whereas it is necessary, however, to provide that common positions relating to the application of  Community legislation and any associated technical adjustments or to the assessment of  anti-competitive behaviour should be adopted by the Commission, HAS ADOPTED THIS DECISION: Article 1 Subject to Article 2, the position to be taken by the Community in  the Customs Union Joint Committee shall be adopted by the Council, acting by a qualified majority  on a proposal from the Commission. Article 2 The position to be taken by the Community in the Customs Union Joint Committee shall be  adopted by the Commission where the said position relates to the simple transposition into the  Customs Union of acts of Community law, if necessary by means of technical adjustments, or to the  assessment of anti-competitive behaviour.