Council Regulation (EC) No 625/2009 of 7 July 2009 on common rules for imports from certain third countries (Codified version)
Modified by
Regulation (EU) No 37/2014 of the European Parliament and of the Councilof 15 January 2014amending certain regulations relating to the common commercial policy as regards the procedures for the adoption of certain measures, 32014R0037, January 21, 2014
Regulation (EU) 2015/755 of the European Parliament and of the Councilof 29 April 2015on common rules for imports from certain third countries(recast), 32015R0755, May 19, 2015
Council Regulation (EC) No 625/2009of 7 July 2009on common rules for imports from certain third countries(Codified version)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,Having regard to the instruments establishing the common organisation of agricultural markets and to the instruments concerning processed agricultural products adopted in pursuance of Article 308 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:(1)Council Regulation (EC) No 519/94 of 7 March 1994 on common rules for imports from certain third countriesOJ L 67, 10.3.1994, p. 89. has been substantially amended several timesSee Annex III.. In the interests of clarity and rationality the said Regulation should be codified.(2)The common commercial policy should be based on uniform principles.(3)Under Article 14 of the Treaty, the internal market comprises since 1 January 1993 an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured.(4)Completion of the common commercial policy as it pertains to rules for imports 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.(5)Greater uniformity in the rules for imports should 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.(6)The common rules applicable to imports also apply to coal and steel products, without prejudice to any measures implementing an agreement relating specifically to such products.(7)The liberalisation of imports, namely the absence of any quantitative restrictions, should therefore form the starting point for the Community rules.(8)In the case of some products, the Commission should examine import terms and conditions, import trends, the various aspects of the economic and commercial situation, and the measures, if any, to be taken.(9)For those products, it may become apparent that there should be Community surveillance over certain of these imports.(10)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.(11)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. However, such measures should be authorised only exceptionally and where no alternative exists. It is necessary to ensure that such measures are temporary and cause the minimum of disruption to the operation of the internal market.(12)If Community surveillance is applied, release for free circulation of the products concerned should be made subject to presentation of a surveillance document meeting uniform criteria. That document should, on simple application by the importer, be issued by the authorities of the Member States within a certain period but without the importer thereby acquiring any right to import. The surveillance document should therefore be valid only during such period as the import rules remain unchanged.(13)In the interests of good administrative management and to assist Community operators, the content and layout of the surveillance document should be aligned as far as possible with the common import licence forms provided for in Commission Regulation (EC) No 738/94 of 30 March 1994 laying down certain rules for the implementation of Council Regulation (EC) No 520/94 establishing a Community procedure for administering quantitative quotasOJ L 87, 31.3.1994, p. 47.; Commission Regulation (EC) No 3168/94 of 21 December 1994 establishing in the field of application of Council Regulation (EC) No 517/94 on common rules for imports of textile products from third countries not covered by bilateral agreements, protocols or other arrangements or by other specific Community import rules a Community import licenceOJ L 335, 23.12.1994, p. 23.; and Commission Regulation (EC) No 3169/94 of 21 December 1994 amending Annex III to Council Regulation (EEC) No 3030/93 on common rules for imports of certain textile products from third countries and establishing in the field of application of the Regulation a Community import licenceOJ L 335, 23.12.1994, p. 33., bearing in mind the technical characteristics of the surveillance document.(14)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.(15)It is necessary to adopt precise criteria for assessing possible injury and to introduce an investigation while still allowing the Commission to introduce appropriate measures in urgent cases.(16)To this end, 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.(17)The provisions on the investigations introduced by this Regulation do not prejudice Community or national rules concerning professional secrecy.(18)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.(19)In the interests of uniformity in rules for imports, the formalities to be carried out by importers should be simplified and should be identical regardless of the place where the goods clear customs. It is therefore desirable to provide that any formalities should be carried out using forms corresponding to the specimen annexed to this Regulation.(20)Surveillance documents issued in connection with Community surveillance measures should be valid throughout the Community, irrespective of the Member State of issue.(21)The textile products falling under Council 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 rulesOJ L 67, 10.3.1994, p. 1. are subject to specific treatment at Community and international levels. They should therefore be completely excluded from the scope of this Regulation,HAS ADOPTED THIS REGULATION: