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Several delegations stressed that it should be clearly indicated in paragraph 5 that it was up to the Commission and the Member States, for example in connection with the Textile Committee provided for in Article 14, to establish that the
conditions for carrying out a basket withdrawal were fulfilled (1).
The German delegation stated that if provision were made in Article 9 for subsequent referral to the Council, such a possibility should also be provided for in Article 11.
The German and Danish delegations pointed out that in their opinions the provisions of Article 11 should not permit restrictive measures to be imposed on a Member State against its will.
The Danish delegation thought this could best be made
clear in paragraph 15 of the Regulation.
The French dolegation said that, notwithstanding the Commission's powers concerning the basket withdrawal procedure, the agreements referred to in paragraph 8 came within the Council's
competence.
In reply to these comments, the Commission representative remarked first that the Commission proposal did not form part of the emergency measures provided for in Council Regulation No 1439/70. The introduction of safeguard measures on a national level would conflict with the provisions of the agreements initialled on the basis of Council Decisions.
) It was stated in the meeting that the conditions mentioned in
paragraph 5 were those defined in Article 11(2) and (3).
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