21.12.2002 Official Journal of the European Communities L 3483 (Acts whose publication is obligatory) COUNCIL REGULATION (EC) No 2285/2002 of 10 December 2002 on the safeguard measures provided for in the ACP-EC Partnership Agreement and repealing Regu- lation (EEC) No 3705/90 THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 133 thereof, Having regard to the proposal from the Commission, Whereas: (1) It is necessary to lay down detailed rules for imple- menting the safeguard clauses provided for in Chapter 1 of Annex V to the ACP-EC Partnership Agreement, signed in Cotonou on 23 June 2000, hereinafter referred to as ‘the Cotonou Agreement’ (!), in order to enable the Community and the Member States to comply with their obligations under that Agreement. (2) It is therefore appropriate to adapt the provisions of Council Regulation (EEC) No 3705/90 of 18 December 1990 on the safeguard measures provided for in the Fourth ACP-EEC Convention (?) to refer to the Cotonou Agreement. (3)  Regulation (EEC) No 3705/90 is rendered obsolete by this Regulation and should therefore be repealed. (4)  Account should be taken of the undertakings set out in Article 8(3) and (4) and Articles 9 and 11 of Annex V to the Cotonou Agreement when examining whether a safeguard measure should be introduced. (5)  The procedures concerning safeguard clauses provided for in the Treaty and in the Regulations on the common organisation of the agricultural markets are also applic- able. (6) By virtue of the Cotonou Agreement, it is also necessary to lay down certain specific provisions concerning the general rules set out in Council Regulation (EC) No 3285/94 of 22 December 1994 on common rules for imports (%), () OJ L 317, 15.12.2000, p. 3. () OJ L 358, 21.12.1990, p. 4. () OJ L 349, 31.12.1994, p. 53. Regulation as last amended by Regu- lation (EC) No 2474/2000 (O] L 286, 11.11.2000, p. 1). HAS ADOPTED THIS REGULATION: Atrticle 1 1. Where a Member State requests the Commission to apply safeguard measures as provided for in Article 8 of Annex V to the Cotonou Agreement and if the Commission decides not to apply them, the Commission shall inform the Council and the Member States accordingly within three working days of receipt of the request from the Member State. Member States shall provide the Commission with the informa- tion needed to justify their requests to apply safeguard measures. Where the Commission decides not to apply safeguard measures, any Member State may refer that decision to the Council within 10 working days of its notification. In such a case, the Commission shall notify the ACP States and inform them of the opening of consultations as referred to in Article 9(1) of Annex V to the Cotonou Agreement. The Council, acting by a qualified majority, may adopt a different decision within 20 working days after the conclusion of the consultations with the ACP States. 2. Where the Commission, at the request of a Member State or on its own initiative, decides that the safeguard measures provided for in Article 8 of Annex V to the Cotonou Agree- ment should be applied: — it shall inform the Member States forthwith or, if it is responding to a Member State's request, within three working days of the date of receipt of that request, — it shall consult a committee made up of representatives of the Member States and chaired by a Commission represen- tative, — at the same time it shall inform the ACP States and notify them of the opening of consultations as referred to in Article 9(1) of Annex V to the Cotonou Agreement, — at the same time it shall provide the ACP States with all the information necessary for those consultations. 3. In any event, the consultations shall be deemed to be completed 21 days after the notification referred to in the fourth subparagraph of paragraph 1 or the third indent of para- graph 2.