Council Regulation (EC) No 77/98Show full title

Article 2 U.K.

1. Without prejudice to Article 1, provisions for the application of tariff quotas, tariff ceilings and reference quantities provided for in Annexes C and D to the Agreement and in Annex I to the Protocol to the Agreement on additional trade arrangements for certain iron and steel products, including the replacement of reference quantities by tariff ceilings as provided for by Article 15(5) of the Agreement, as well as amendments and technical adaptations made necessary by amendments to the Combined Nomenclature and Taric codes or arising from the conclusion of agreements, protocols or exchanges of letters between the Community and the former Yugoslav Republic of Macedonia, shall be adopted by the Commission, assisted by the Customs Code Committee, in accordance with 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 chairman 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 measures which shall 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:

(a) the Commission may defer application of the measures which it has decided for a period of not more than one month from the date of such communication;

(b) the Council, acting by a qualified majority, may take a different decision within the time limit referred to in point (a).

3. The Committee may examine any question concerning the application of tariff quotas, tariff ceilings and reference quantities, which is raised by its chairman either at the latter's initiative or at the request of a Member State.