CELEX: 51993PC0554(01)
Language: en
Date: 1993-11-15
Title: Proposal for a COUNCIL REGULATION (EEC) on certain procedures for applying the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(93) 554 final
                                                       Brussels, 1f> November 1993
                                    Proposal for a
                          COUNCIL REGULATION (EEC)
 on certain procedures for applying the Europe Agreement establishing an association
    between the European Communities and their Member States, of the one part,
                    and the Republic of Hungary, of the other part
                                     Proposal for a
                          COUNCIL REGULATION (EEC)
 on certain procedures for applying the Europe Agreement establishing an association
    between the European Communities and their Member States, of the one part,
                     and the Republic of Poland, of the other part
                            (presented by the Commission)
 ---pagebreak---                         EXPLANATORY     MEMORANDUM
The proposed Regulations introduce the modalities for the application
of certain safeguard measures and measures of commercial protection
contained in the Europe Agreements and provide a legal basis enabling
the Commission to implement the provisions of the Europe Agreements
concerning agricultural products.
The Community signed on December 16, 1991 the Europe Agreements with
Hungary and Poland respectively. To allow the commercial provisions to
enter into force as soon as possible, Interim Agreements on trade and
trade related matters were signed at the same time and entered into
force on March 1, 1992.
The objective of the proposed Regulations is the introduction of
specific rules to the general provisions concerning the Community's
import regime (including the provisions establishing protection against
subsidies and dumping practices in relation to imports from third
countries) in order to respect the obligations undertaken in the Europe
Agreements.
similar Regulations have been adopted for the implementation of such
measures under the interim Agreements (Regulations (EEC) N" 518/92.
29.2.92 p. 3 and 519/92 29.2.92 p . 6 ) .
 In view of the entry into force of the Europe Agreements, the
Commission is requesting the Council to adopt the proposed Regulations.
 ---pagebreak---                                                    3
                                            Proposal for a
                                COUNCIL REGULATION (EEC)
  on certain procedures for applying the Europe Agreement establishing an association
     between the European Communities and their Member States, of the one part,
                     and the Republic of Hungary, of the other part
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof.
Having regard to the proposal from the Commission,
Whereas a Europe Agreement establishing an association between the European
Communities and their Member States, of the one part, and the Republic of
Hungary, of the other part, hereinafter referred to as 'the Agreement', was
signed in Brussels on 16 December 1991;
Whereas pending the entry into force of the Europe Agreement, its provisions
on trade and trade-related matters have been given effect since 1 March 1992
by 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, signed in
Brussels on 16 December 1991;*
Whereas pursuant to the conclusions of the Copenhagen European Council on
21 and 22 June 1993 regarding new trade concessions for the Central and
Eastern European countries, an Additional Protocol to the Interim Agreement
was signed on ... 1993 by the European Economic Community and the European
Coal and Steel Community, of the one part, and Hungary, of the other part,
and has been applied since 1 July 1993;2
Whereas Council Regulation (EEC) No 519/92 3 on certain procedures for
applying the Interim Agreement on trade and trade-related measures 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, as amended
by Regulation (EEC) No 2234/93,4 provides for the implementation of the
said Interim Agreement;
1  O J N o L 116, 3 0 . 4 . 1 9 9 2 , p. 2 .
2  OJNoL ...
3  OJ No L 5 6 , 2 9 . 2 . 1 9 9 2 , p . 6
4  OJ No L 2 0 0 , 1 0 . 8 . 1 9 9 3 , p . 4
 ---pagebreak---                                     H
Whereas it is necessary to lay down the procedures for applying certain
provisions of the Agreement, incorporating the provisions of Regulation
(EEC) NO 519/92;
Whereas, with regard to trade protection measures, it is appropriate, where
the provisions of the Agreement render it necessary, to lay down specific
provisions concerning the general rules provided for in particular in
Council Regulation (EEC) No 288/82 of 5 February 1982 on common rules for
imports5 and in council Regulation (EEC) No 2423/88 of 11 July 1988 on
protection against dumped or subsidized imports from countries not members
of the European Economic Community;**
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 are also applicable;
Whereas specific provisions have been adopted for safeguard measures
concerning the textile products covered by Protocol 1 of the Agreement;
Whereas certain special procedures should be introduced for the application
of safeguard measures in the agricultural sectors,
HAS ADOPTED THIS REGULATION:
                                    TITLE I
                            Agricultural products
                                   Article 1
Provisions for the application of Article 20(2) and (4) of the Agreement
 concerning agricultural products falling within Annex II of the Treaty and
 subject in the framework of the common market organization to a regime of
 levies, and concerning products falling within CN codes 0711 90 50 and
 2003 10 10, shall be adopted in accordance with the procedure provided for
 in Article 23 of Regulation (EEC) No 1766/92^ or in the corresponding
 provisions of other regulations establishing a common organization of the
 agricultural markets. These provisions may provide for the introduction of
 system of import certificates in those sectors in which such certificates
 are not provided for by the common organization of agricultural markets.
 5  OJ No L 35, 9.2.1982, p. 1. Regulation last amended by Regulation (EEC)
    No 2978/91 (OJ No L 284, 12.10.1991, p. 1 ) .
 6  OJ No L 209, 2.8.1988, p. 1.
 7  Council Regulation (EEC) No 1766/92 of 1 July 1992, in OJ No L 181,
    p. 21.
 ---pagebreak---                                       5
                                  TITLE II
                             Protective measures
                                  Article 2
The Council may, in accordance with the procedures provided for in
Article 113 of the Treaty, decide to refer to the Association Council
established by the Agreement with regard to the measures provided for in
Articles 28 and 117(2) of the Agreement. Where necessary, the Council shall
adopt these measures in accordance with the same procedure.
The Commission may, on its own initiative or at the request of a Member
State, present the necessary proposals to this end.
                                  Article 3
1. In the case of a practice that may justify application by the Community
of the measures provided for in Article 62 of the Agreement, the Commission,
after examining the case, on its own initiative or at the request of a
Member State, shall decide whether such practice is compatible with the
Agreement, where necessary, it shall propose the adoption of safeguard
measures to the Council, which shall act in accordance with the procedure
laid down in Article 113 of the Treaty, except in the cases of aid to which
Regulation (EEC) No 2423/88 applies, when measures shall be taken according
to the procedures laid down in that Regulation. Measures shall be taken only
under the conditions set out in Article 62(6) of the Agreement.
2. In the case of a practice that may cause measures to be applied to the
Community by Hungary on the basis of Article 62 of the Agreement, the
Commission, after examining the case, shall decide whether the practice is
compatible with the principles set out in the Agreement. Where necessary, it
shall take appropriate decisions on the basis of the criteria which result
from the application of Articles 85, 86 and 92 of the Treaty.
                                  Article 4
In the case of a practice which is liable to warrant the application, by the
Community, of the measures provided for in Article 29 of the Agreement, the
introduction of anti-dumping measures shall be decided upon in accordance
with the provisions laid down in Regulation (EEC) No 2423/88 and the
procedure provided for in Article 33(2) and (3)(b) or (d) of the Agreement.
                                  Article 5
1. Where a Member State requests the Commission to apply safeguard measures
as provided for in Articles 30 or 31 of the Agreement, it shall provide the
Commission, in support of its request, with the information needed to
justify it. If the Commission decides not to apply safeguard measures, it
shall inform the Council and the Member States accordingly within five
working days of receipt of the request from the Member State.
 ---pagebreak---                                     (,
Any Member State may refer this decision of the Commission to the Council
within ten working days of its notification.
If the Council, acting by the qualified majority, indicates its intention to
adopt a different decision, the Commission shall inform Hungary thereof
forthwith and shall notify it of the opening of the consultations within the
Association Council as provided for in Article 33(2) and (3) of the
Agreement.
The Council, acting by a qualified majority, may take a different decision
within twenty working days of the conclusion of the consultations with
Hungary within the Association Council.
2. The Commission shall be assisted by a committee (hereinafter referred to
as 'the Committee') composed of representatives of the Member States and
chaired by a representative of the Commission.
The Committee shall meet when convened by its chairman. The latter shall
communicate any appropriate information to the Member States at the earliest
opportunity.
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 30
or 31 of the Agreement should be applied:
   it shall inform the Member States forthwith if acting on its own
   initiative or, if it is responding to a Member state's request, within
   five working days of the date of receipt of that request,
   it shall consult the Committee,
-   at the same tinte it shall inform Hungary and notify the Association
   Council of the opening of consultations as referred to in Article 33(2)
   and (3) of the Agreement,
   at the sane tine it shall provide the Association Council with all the
   information necessary for these consultations.
4. In any event, the consultations within the Association Council shall be
deemed to be completed thirty 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 thirty days,
and if no other arrangement proves possible, the Commission, after
consulting the Committee, may take appropriate measures to implement
Articles 30 and 31 of the Agreement.
 ---pagebreak---                                     /
5. The decision referred to in paragraph 4 shall be notified forthwith to
the Council, the Member States and Hungary; it shall also be notified to the
Association Council.
The decision shall be immediately applicable.
6. Any Member State may refer the Commission decision referred to in
paragraph 4 to the Council within ten working days of receiving notification
of the decision.
7. If the Commission has not taken a decision within the meaning of the
second subparagraph of paragraph 4 within ten working days of the end of the
consultations with the Association Council or, as the case may be, the end
of the period of thirty 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 two months.
                                  Article 6
1. Where exceptional circumstances arise within the meaning of
Article 33(3)(d) of the Agreement, the Commission may take immediate
safeguard measures in the cases referred to in Articles 30 and 31 of the
Agreement.
2. If the Commission receives a request from a Member State, it shall take a
decision thereon within five working days of receipt of the request.
The Commission shall notify the Council and the Member States of its
decision.
3. Any Member State may refer the Commission's decision to the council in
accordance with the procedure provided for in Article 5(6).
The procedure set out in Article 5(7) and (8) shall be applicable.
If the Commission has not taken a decision within the time limit mentioned
in paragraph 2, any Member State which has referred the matter to the
Commission may refer it to the Council in accordance with the procedures
laid down in the first and second subparagraphs of this paragraph.
                                  Article 7
The procedures laid down in Articles 5 and 6 shall not apply to products
covered by Protocol 1 of the Agreement.
 ---pagebreak---                                   Article 8
By way of derogation from Articles 5 and 6, if the circumstances demand that
measures are taken concerning agricultural products on the basis of
Articles 21 or 30 of the Agreement or on the basis of provisions in the
Annexes covering these products, such measures shall be taken according to
procedures provided for by the rules establishing a common organization of
the agricultural markets, or in specific provisions adopted under
Article 235 of the Treaty and applicable to products resulting from the
processing of agricultural products, provided that the conditions
established under Article 21 or Article 33(2) and (3) of the Agreement are
met.
                                  Article 9
Notification to the Association Council as required by the Agreement shall
be the responsibility of the Commission, acting on behalf of the Community.
                                 Article 10
This Regulation does not preclude the application of safeguard measures
provided for in the Treaty establishing the European Community, in
particular in Articles 109h and 109i, according to the procedures laid down
therein.
                                 Article 11
This Regulation shall enter into forcé on the day following that ©f its
publication in the Official Journal of the European Communities.
It shall apply from the entry into force of the Europe Agreement.
This Regulation shall be binding in its entirety and directly applicable in
all Member states.
Done at Brussels,
                                         For the Council
                                         The President
 ---pagebreak---                                           c
                                            s
                                     Proposal for a
                           COUNCIL REGULATION 1EEC)
  on certain procedures for applying the Europe Agreement establishing an association
     between the European Communities and their Member States, of the one part,
                      and the Republic of Poland, of the other part
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas a Europe Agreement establishing an association between the European
Communities and their Member States, of the one part, and the Republic of
Poland, of the other part, hereinafter referred to as 'the Agreement', was
signed in Brussels on 16 December 1991;
Whereas pending the entry into force of the Europe Agreement, its provisions
on trade and trade-related matters have been given effect since 1 March 1992
by 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, signed in
Brussels on 16 December 1991;1
Whereas pursuant to the conclusions of the Copenhagen European Council on
21 and 22 June 1993 regarding new trade concessions for the Central and
Eastern European countries, an Additional Protocol to the Interim Agreement
was signed on ... 1993 by the European Economic Community and the European
Coal and Steel Community, of the one part, and Poland, of the other part,
and has been applied since 1 July 1993;2
Whereas Council Regulation (EEC) No 518/92^ on certain procedures for
applying the Interim Agreement on trade and trade-related measures 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, as amended
by Regulation (EEC) No 2233/93,^ provides for the implementation of the
said Interim Agreement;
1  OJ No L 116, 30.4.1992, p. 2.
2  OJ No L
3  O J N o L 56, 29.2.1992, p. 3.
4  OJ No L 200, 10.8.1993, p. 3.
 ---pagebreak---                                   AXJ
Whereas it is necessary to lay down the procedures for applying certain
provisions of the Agreement, incorporating the provisions of Regulation
(EEC) No 518/92;
Whereas, with regard to trade protection measures, it is appropriate, where
the provisions of the Agreement render it necessary, to lay down specific
provisions concerning the general rules provided for in particular in
Council Regulation (EEC) No 288/82 of 5 February 1982 on common rules for
imports5 and in Council Regulation (EEC) No 2423/88 of 11 July 1988 on
protection against dumped or subsidized imports from countries not members
of the European Economic Community;**
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 are also applicable;
Whereas specific provisions have been adopted for safeguard measures
concerning the textile products covered by Protocol 1 of the Agreement;
Whereas certain special procedures should be introduced for the application
of safeguard measures in the agricultural sectors,
HAS ADOPTED THIS REGULATION:
                                    TITLE I
                            Agricultural products
                                   Article 1
Provisions for the application of Article 20(2) and (4) of the Agreement
concerning agricultural products falling within Annex II of the Treaty and
subject in the framework of the common market organization to a regime of
levies, and concerning products falling within CN codes 0711 90 50 and
2003 10 10, shall be adopted in accordance with the procedure provided for
in Article 23 of Regulation (EEC) No 1766/92^ or in the corresponding
provisions of other regulations establishing a common organization of the
agricultural markets. These provisions may provide for the introduction of
system of import certificates in those sectors in which such certificates
are not provided for by the common organization of agricultural markets.
 5  OJ No L 35, 9.2.1982, p. 1. Regulation last amended by Regulation (EEC)
   No 2978/91 (OJ No L 284, 12.10.1991, p. 1 ) .
6   OJ No L 209, 2.8.1988, p. 1.
7   Council Regulation (EEC) No 1766/92 of 1 July 1992, in OJ No L 181,
   p. 21.
 ---pagebreak---                                     ^M
                                   TITLE II
                             Protective measures
                                  Article 2
The Council may, in accordance with the procedures provided for in
Article 113 of the Treaty, decide to refer to the Association Council
established by the Agreement with regard to the measures provided for in
Articles 28 and 115(2) of the Agreement. Where necessary, the Council shall
adopt these measures in accordance with the same procedure.
The Commission may, on its own initiative or at the request of a Member
State, present the necessary proposals to this end.
                                  Article 3
1. In the case of a practice that may justify application by the Community
of the measures provided for in Article 63 of the Agreement, the commission,
after examining the case, on its own initiative or at the request of a
Member state, shall decide whether such practice is compatible with the
Agreement, where necessary, it shall propose the adoption of safeguard
measures to the Council, which shall act in accordance with the procedure
laid down in Article 113 of the Treaty, except in the cases of aid to which
Regulation (EEC) No 2423/88 applies, when measures shall be taken according
to the procedures laid down in that Regulation. Measures shall be taken only
under the conditions set out in Article 63(6) of the Agreement.
2. In the case of a practice that may cause measures to be applied to the
Community by Poland on the basis of Article 63 of the Agreement, the
Commission, after examining the case, shall decide whether the practice is
compatible with the principles set out in the Agreement, where necessary, it
shall take appropriate decisions on the basis of the criteria which result
from the application of Articles 85, 86 and 92 of the Treaty.
                                  Article 4
In the case of a practice which is liable to warrant the application, by the
Community, of the measures provided for in Article 29 of the Agreement, the
introduction of anti-dumping measures shall be decided upon in accordance
with the provisions laid down in Regulation (EEC) No 2423/88 and the
procedure provided for in Article 33(2) and (3)(b) or (d) of the Agreement.
                                  Article 5
1. Where a Member state requests the Commission to apply safeguard measures
as provided for in Articles 30 or 31 of the Agreement, it shall provide the
Commission, in support of its request, with the information needed to
justify it. If the Commission decides not to apply safeguard measures, it
shall inform the Council and the Member States accordingly within five
working days of receipt of the request from the Member State.
 ---pagebreak---                                    -n
Any Member State may refer this decision of the Commission to the Council
within ten working days of its notification.
If the Council, acting by the qualified majority, indicates its intention to
adopt a different decision, the Commission shall inform Poland thereof
forthwith and shall notify it of the opening of the consultations within the
Association Council as provided for in Article 33(2) and (3) of the
Agreement.
The Council, acting by a qualified majority, may take a different decision
within twenty working days of the conclusion of the consultations with
Poland within the Association Council.
2. The Commission shall be assisted by a committee (hereinafter referred to
as 'the Committee') composed of representatives of the Member States and
chaired by a representative of the Commission.
The Committee shall meet when convened by its chairman. The latter shall
communicate any appropriate information to the Member States at the earliest
opportunity.
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 30
or 31 of the Agreement should be applied:
-   it shall inform the Member States forthwith if acting on its own
    initiative or, if it is responding to a Member state's request, within
    five working days of the date of receipt of that request,
-   it shall consult the committee,
    at the same time it shall inform Poland and notify the Association
    Council of the opening of consultations as referred to in Article 33(2)
    and (3) of the Agreement,
-   at the same time it shall provide the Association Council with all the
    information necessary for these consultations.
 4. In any event, the consultations within the Association Council shall be
 deemed to be completed thirty 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 thirty days,
 and if no other arrangement proves possible, the Commission, after
 consulting the Committee, may take appropriate measures to implement
Articles 30 and 31 of the Agreement.
 ---pagebreak---                                     ^
5. The decision referred to in paragraph 4 shall be notified forthwith to
the Council, the Member states and Poland; it shall also be notified to the
Association council.
The decision shall be immediately applicable.
6. Any Member state may refer the Commission decision referred to in
paragraph 4 to the council within ten working days of receiving notification
of the decision.
7. If the Commission has not taken a decision within the meaning of the
second subparagraph of paragraph 4 within ten working days of the end of the
consultations with the Association Council or, as the case may be, the end
of the period of thirty 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 two months.
                                  Article 6
1. Where exceptional circumstances arise within the meaning of
Article 33(3)(d) of the Agreement, the Commission may take immediate
safeguard measures in the cases referred to in Articles 30 and 31 of the
Agreement.
2. If the Commission receives a request from a Member State, it shall take a
decision thereon within five working days of receipt of the request.
The Commission shall notify the Council and the Member States of its
decision.
3. Any Member State may refer the Commission's decision to the Council in
accordance with the procedure provided for in Article 5(6).
The procedure set out in Article 5(7) and (8) shall be applicable.
If the Commission has not taken a decision within the time limit mentioned
in paragraph 2, any Member state which has referred the matter to the
commission may refer it to the Council in accordance with the procedures
laid down in the first and second subparagraphs of this paragraph.
                                  Article 7
The procedures laid down in Articles 5 and 6 shall not apply to products
covered by Protocol 1 of the Agreement.
 ---pagebreak---                                        ^
                                  Article 8
By way of derogation from Articles 5 and 6, if the circumstances demand that
measures are taken concerning agricultural products on the basis of
Articles 21 or 30 of the Agreement or on the basis of provisions in the
Annexes covering these products, such measures shall be taken according to
procedures provided for by the rules establishing a common organization of
the agricultural markets, or in specific provisions adopted under
Article 235 of the Treaty and applicable to products resulting from the
processing of agricultural products, provided that the conditions
established under Article 21 or Article 33(2) and (3) of the Agreement are
met.
                                  Article 9
Notification to the Association Council as required by the Agreement shall
be the responsibility of the Commission, acting on behalf of the community.
                                 Article 10
This Regulation does not preclude the application of safeguard measures
provided for in the Treaty establishing the European Community, in
particular in Articles 109h and 109i, according to the procedures laid down
therein.
                                 Article 11
This Regulation shall enter into force on the day following that of its
publication in the official Journal of the European Communities.
It shall apply from the entry into force of the Europe Agreement.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.
Bone at Brussels,
                                         For the Council
                                         The President
 ---pagebreak---                                                                     ISSN 0254-1475
                                                              COM(93) 554 final
                                                      DOCUMENTS
EN                                                                         02 i l
                                Catalogue number : CB-CO-93-592-EN-C
                                                             ISBN 92-77-60765-3
Office for Official Publications of the European Communities
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