Council Regulation (EC) No 519/94 of 7 March 1994 on common rules for imports from certain third countries and repealing Regulations (EEC) Nos 1765/82, 1766/82 and 3420/83
Modified by
Council Regulation (EC) No 1921/94 of 25 July 1994, 31994R1921, July 30, 1994
Council Regulation (EC) No 538/95 of 6 March 1995, 31995R0538, March 11, 1995
Council Regulation (EC) No 839/95 of 10 April 1995, 31995R0839, April 19, 1995
Council Regulation (EC) No 139/96 of 22 January 1996, 31996R0139, January 27, 1996
Council Regulation (EC) No 168/96 of 29 January 1996, 31996R0168, February 1, 1996
Council Regulation (EC) No 752/96 of 22 April 1996, 31996R0752, April 26, 1996
Council Regulation (EC) No 1897/96 of 1 October 1996, 31996R1897, October 2, 1996
Council Regulation (EC) No 847/97 of 12 May 1997, 31997R0847, May 14, 1997
Council Regulation (EC) No 1103/97of 17 June 1997on certain provisions relating to the introduction of the euro, 31997R1103, June 19, 1997
Council Regulation (EC) No 1138/98 of 28 May 1998Corrigendum, OJ No L 241, 29.8.1998, p. 27 (1138/98), 31998R113831998R1138R(01), June 3, 1998
Council Regulation (EC) No 427/2003of 3 March 2003on a transitional product-specific safeguard mechanism for imports originating in the People's Republic of China and amending Regulation (EC) No 519/94 on common rules for imports from certain third countries, 32003R0427, March 8, 2003
Commission Regulation (EC) No 110/2009of 5 February 2009amending the list of countries mentioned in Annex I to Council Regulation (EC) No 519/94, 32009R0110, February 6, 2009
Council Regulation (EC) No 625/2009of 7 July 2009on common rules for imports from certain third countries(Codified version), 32009R0625, July 17, 2009
Corrected by
Corrigendum, OJ No L 241, 29.8.1998, p. 27 (1138/98), 31998R1138R(01), August 29, 1998
Council Regulation (EC) No 519/94of 7 March 1994on common rules for imports from certain third countries and repealing Regulations (EEC) Nos 1765/82, 1766/82 and 3420/83THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,Having regard to the instruments establishing common organization of agricultural markets and to the instruments concerning processed agricultural products adopted in pursuance of Article 235 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,Whereas the common commercial policy should be based on uniform principles; whereas the common rules applicable to imports from certain third countries under Council Regulation (EEC) No 1765/82 of 30 June 1982 on common rules for imports from State-trading countriesOJ No L 195, 5.7.1982, p. 1. Regulation as last amended by Regulation (EEC) No 1013/93 (OJ No L 105, 30.4.1993, p. 1)., Council Regulation (EEC) No 1766/82 of 30 June 1982 on common rules for imports from the People's Republic of ChinaOJ No L 195, 5.7.1982, p. 21. Regulation as last amended by Regulation (EEC) No 1409/86 (OJ No L 128, 14.5.1986, p. 25). and Council Regulation (EEC) No 3420/83 of 14 November 1983 on import arrangements for products originating in State-trading countries, not liberalized at Community levelOJ No L 346, 8.12.1983, p. 6. Regulation as last amended by Regulation (EEC) No 848/92 (OJ No L 89, 4.4.1992, p. 1.) form an important aspect of the policy; however, they still allow exceptions and derogations enabling Member States to continue applying national measures to imports of products originating in the above third countries, so that the policy needs to be completed;Whereas under Article 7a of the Treaty, the internal market comprises since 1 January 1993 of an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured;Whereas completion of the common commercial policy as it pertains to rules for imports is a necessary complement to the completion of the internal market and 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;Whereas in order to achieve greater uniformity in the rules for imports it is necessary to eliminate the exceptions and derogations resulting from the remaining national commercial policy measures, and in particular the quantitative restrictions maintained by Member States under Regulation (EEC) No 3420/83; whereas this uniformity must 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;Whereas the common rules applicable to imports shall also apply to ECSC products, without prejudice to any measures implementing an agreement relating specifically to such products;Whereas the liberalization of imports, namely the absence of any quantitative restrictions, must therefore form the starting point for the Community rules;Whereas, however, for a limited number of products originating in the People's Republic of China, owing to the sensitivity of certain sectors of Community industry, quantitative quotas and surveillance measures applicable at Community level should be incorporated in this Regulation; and whereas a procedure should be laid down for reviewing and checking these measures in order to adapt them to changes in the situation;Whereas, in the case of other products, the Commission must examine import terms and conditions, import trends, the various aspects of the economic and commercial situation, and the measures, if any, to be taken;Whereas for those products, it may become apparent that there should be Community surveillance over certain of these imports;Whereas 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;Whereas 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; whereas, however, such measures should be authorized only exceptionally and where no alternative exists; whereas it is necessary to ensure that such measures are temporary and cause the minimum of disruption to the operation of the internal market;Whereas if Community surveillance is applied, release for free circulation of the products concerned must be made subject to presentation of an import document meeting uniform criteria; whereas that document must, on simple application by the importer, be endorsed by the authorities of the Member States within a certain period but without the importer thereby acquiring any right to import; whereas the document must therefore be valid only during such period as the import rules remain unchanged;Whereas 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;Whereas experience has shown that it is necessary to adopt more precise criteria for assessing possible injury and to introduce an investigation while still allowing the Commission to introduce appropriate measures in urgent cases;Whereas, to this end, more 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;Whereas the provisions on the investigations introduced by this Regulation do not prejudice Community or national rules concerning professional secrecy;Whereas 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;Whereas in the interests of uniformity in rules for imports, the formalities to be carried out by importers should be simplified and must be identical regardless of the place where the goods clear customs; whereas it is therefore desirable to provide that any formalities should be carried out using forms corresponding to the specimen annexed to the Regulation;Whereas import documents issued in connection with Community surveillance measures should be valid throughout the Community irrespective of the Member State of issue;Whereas the set of import rules as set out, no longer justify maintaining two separate sets of Community rules for State-trading countries and the People's Republic of China;Whereas the consultations provided for in Council Regulation (EEC) No 2616/85 of 16 September 1985 concerning the conclusion of a Trade and Economic Cooperation Agreement between the European Economic Community and the People's Republic of ChinaOJ No L 250, 19.9.1985, p. 2. have been held;Whereas the textile products falling under 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 rulesSee page 1 of this Official Journal. (SIC! OJ No L 67, 10.3.1994, p. 1.) are subject to specific treatment at Community and international level; whereas they should therefore be completely excluded from the scope of this Regulation;Whereas the provisions of this Regulation are applicable without prejudice to Articles 77, 81, 244, 249 and 280 of the Act of Accession of Spain and Portugal;Whereas Regulation (EEC) Nos 1765/82, 1766/82 and 3420/83 should consequently be repealed,HAS ADOPTED THIS REGULATION: