CELEX: 51997PC0740
Language: en
Date: 1998-01-13
Title: Proposal for a Council Regulation (EC) concerning certain procedures for applying the Europe Agreement on establishing an association between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Lithuania, of the other part

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                Brussels, 13.01.1998
                                                COM(97) 740 final
                                                98/0001 (ACC)
                                 Proposal for a
                       COUNCIL REGULATION (EC)
     concerning certain procedures for applying the Europe Agreement on
 establishing an association between the European Community, the European
Coal and Steel Community and the European Atomic Energy Community, of the
           one part, and the Republic of Lithuania, of the other part
                        (presented by the Commission)
 ---pagebreak---                         EXPLANATORY MEMORANDUM
The Europe Agreements with Lithuania has been signed on 12 June 1995. Ratification
procedures have now been almost completed by Member States.
The modalities of application of the provisions of the Europe Agreement concerning
management of quotas and tariff ceilings and the safeguard and trade protection
measures are to be laid down by a regulation. The annexed proposal submitted to the
Council aims at establishing these modalities.
Similar Council Regulations have been adopted for the application of this type of
measures when the Europe Agreements entered into force with other associated
countries of Central Europe, eg Poland, Hungary, Bulgaria and Romania
The Commission requests the Council to adopt the proposed Regulation.
                                           z
 ---pagebreak---                            COUNCIL REGULATION (EC) No
                                           of
   on certain procedures for applying the Europe Agreement on establishing an
   association between the European Community, the European Coal and Steel
  Community and the European Atomic Energy Community, of the one part, and
                      the Republic of Lithuaniaa, of the other part
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas a Europe Agreement establishing an association between the European
Communities and their Member States, of the one part, and the Republic of Lithuania,
of the other part, was signed in Brussels on 12 June 1995;
Whereas, pending the entry into force of the Europe Agreement, hereinafter referred
to as "the Agreement", its provisions on trade and trade-related matters have been
applied since 1 January 1995 by an Agreement on free-trade and trade-related matters
between the European Community, the European Coal and Steel Community and the
European Atomic Energy Community, of the one part, signed in Brussels on 19
December 1994 , and the Republic of Lithuania, of the other part;
Whereas, it is necessary to lay down the procedures for applying certain provisions of
the Agreement;
Whereas, with regard to trade protection measures, it is appropriate, where the
provisions of the Agreement render it necessary, to lay down specific provisions
concerning the general rules provided for in particular in Council Regulation (EC) No
3285/94 of 22 December 1994 on common rules for imports and in Council
Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped
imports from countries not members of the European Community ;
Whereas, account should be taken of the undertakings set out in the Agreement before
deciding whether a safeguard measure should be introduced;
Whereas, the procedures concerning safeguards clauses provided for in the Treaty
establishing the European Community are also applicable;
 1
   OJ No L 375, 31.121994, p.l
2
   OJ No L 349, 31.12.1994, p.53
3
   OJNoL56, 6.3.1996, p.l
                                            3
 ---pagebreak--- Whereas specific provisions have been adopted for safeguard measures concerning the
textile products covered by Protocol 1 of the Agreement;
Whereas certain provision should be introduced for the application of tariff quotas and
tariff ceilings,
HAS ADOPTED THIS REGULATION:
                                            TITLE I
                             Tariff quotas and tariff ceilings
                                           Article 1
The rules for the application of Articles 19 and 20 of the Agreement are adopted by
the Commission according to the procedure provided for in Article 23 of Regulation
(EEC) n° 1766/92 , or, according to the case, in the relevant provisions of the other
regulations on on the common organisation of the markets, or of the regulation (EC)
n° 3448/93 or by the Commission, assisted by the Customs Code Committee,
according to the procedure provided for in Article 2 (2) of this regulation.
                                            Article 2
1. Provisions for the application of tariff quotas and tariff ceilings provided for in
Annexes VI and XIV of the Agreement, including amendments and technical
adaptations made necessary by amendments to the combined nomenclature and Taric
codes, or arising from the conclusion by the Council of agreements, protocols or
exchanges of letters between the Community and Lithuania, shall be adopted by the
Commission, assisted by the Customs Code Committee set up by Article 247 of
Regulation (EEC) No 2913/92 , according to the procedure set out in paragraph 2 of
this Article.
2. The representative of the Commission shall submit to the Committee a draft of the
measures to be taken. The Committee shall deliver its opinion on the draft within a
time limit which the chair may lay down according to the urgency of the matter. The
opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in
the case of decisions which the Council is required to adopt on a proposal from the
Commission. The votes of the representatives of the Member States within the
Committee shall be weighted in the manner set out in that Article. The chairman shall
not vote.
The Commission shall adopt the measures, which apply immediately. However, if
these measures are not in accordance with the opinion of the Committee, they shall be
communicated by the Commission to the Council forthwith. In that event:
4
   OJ No L181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) N°923/96 (OJ N° L
 126, 24.5.1996, p 37)
5
   OJNoL302, 19.10.1992, p.l
                                                    ^P
 ---pagebreak--- - the Commission may defer application of the measures which it has decided for a
period of not more than three months from the date of such communication,
- the Council, acting by qualified majority, may take a different decision within the
period referred to in the first indent.
3. The Committee may examine any question concerning the application of tariff
quotas and tariff ceilings, which is raised by its chair either at the latter's initiative or
at the request of a Member State.
4. As soon as the tariff ceilings are reached, the Commission may adopt a regulation
re-establishing, until the end of the calendar year, the customs duties applicable to
third countries.
                                        TITLE II
                                   Protective measures
                                        Article 3
The Council may, in accordance with the procedure 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 124 (2) of the Agreement.
Where necessary, the Council shall adopt these measures in accordance with the same
procedure.
The Commission may, on its own initiative or at the request of a Member State,
present the necessary proposals to this end.
                                        Article 4
 1. In the case of a practice that may justify application by the Community of the
measures provided for in Article 64 of the Agreement, the Commission, after
examining the case, on its own initiative or at the request of a Member State, shall
decide whether such practice is compatible with the Agreement. Where necessary, it
shall propose the adoption of safeguard measures to the Council, which shall act in
accordance with the procedure laid down in Article 113 of the Treaty, except in the
cases of aid to which Regulation (EC) No 3284/94 applies, when measures shall be
taken according to the procedures laid down in that Regulation. Measures shall be
taken only under conditions set out in Article 64 (6) of the Agreement.
2. In the case of a practice that may cause measures to be applied to the Community
by Lithuania on the basis of Article 64 of the Agreement, the Commission, after
examining the case, shall decide whether the practice is compatible with the principles
set out in the Agreement. Where necessary, it shall take appropriate decisions on the
basis of criteria which result from the application of Articles 85, 86 and 92 of the
Treaty.
6
   OJNo. 349, 31.12.1994, p.22
                                                  f
 ---pagebreak---                                          Article 5
In the case of a practice which is liable to warrant the application, by the Community,
of the measures provided for in Article 29 of the Agreement, the introduction of anti-
dumping measures shall be decided upon in accordance with the provisions laid down
in Regulation (EC) No 384/96 and the procedure provided for in Article 33 (2) and (3)
(b) or (d) of the Agreement.
                                         Article 6
1. Where a Member State requests the Commission to apply safeguard measures as
provided for in Articles 30 and 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.
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 qualified majority, indicates its intention to adopt a different
decision, the Commission shall inform Lithuania 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 Lithuania within the
Association Council.
2. The Commission shall be assisted by the committee established by Regulation (EC)
3491/937 (hereina^r 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 and 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 Lithuania and notify the Association Council of the
opening of consultations as referred to in Article 33 (2) and (3) of the Agreement,
7
  OJ No L 319, 21.12.1993, p.l
                                               S
 ---pagebreak--- - 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 30 days after the notification referred to in paragraphs 1 and 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 30 and 31 of the Agreement.
5. The decision referred to in paragraph 4 shall be notified forthwith to the Council,
the Member States and Lithuania; it shall also be notified to the Association Council.
The decision shall be applicable immediately.
6. Any Member State may refer the Commission decision referred to in paragraph 4 to
the Council within 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 10 working days of the end of the consultations
with the Association Council or, as the case may be, the end of the periods of 30 days,
any Member State which has referred the matter to the Commission in accordance
with paragraph 3 may refer it to the Council.
8. In the cases referred to in paragraphs 6 and 7 the Council, acting by a qualified
majority, may take a different decision within two months.
                                        Article 7
 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.
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.
2. The Commission shall notify the Council and the Member States of its decision.
3. Any Member State may refer the Commission's decision to the Council in
accordance with the procedure provided for in Article 6 (6).
The procedure set out in Article 6 (7) and (8) shall be applicable.
If the Commission has not taken a decision within the time limit mentioned in the
second subparagraph of paragraph 1, 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.
                                               ^
 ---pagebreak---                                          Article 8
The procedures laid down in Articles 6 and 7 shall not apply to textile products
covered by Protocol 1 of the Agreement.
                                         Article 9
By way of derogation from Articles 6 and 7, if the circumstances demand that
measures are taken concerning agricultural products on the basis of Articles 21 and 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 organisation of the agricultural markets, or in specific
provisions adopted pursuant to Article 235 of the Treaty and applicable to products
resulting from the processing of agricultural products, provided that the conditions
established pursuant to Article 21 or Article 33 (2) and (3) of the Agreement are met.
                                        Article 10
Notification to the Association Council as required by the Agreement shall be the
responsibility of the Commission, acting on behalf of the Community.
                                        Article 11
This Regulation does not preclude the application of safeguard measures provided for
in the Treaty establishing the European Community, in particular in Articles 109h and
109i, according to the procedures laid down therein.
                                        Article 12
This Regulation shall enter into force on the day following that of its publication in
the Official Journal of the European Communities.
It shall apply from the date of enrty into force of the Agreement.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,
                                                              For the Council
                                                              The President
                                          ï
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(97) 740 final
                                              DOCUMENTS
EN                                                            11 01 06 02
                                    Catalogue number : CB-CO-97-758-EN-C
                                                             ISBN 92-78-29976-6
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