**Important legal notice**

*|*

# 52005PC0652

**Proposal for a Council Decision on a Community position in the EC-Turkey Association Council on the amendment of Protocols 1 and 2 of Decision No 1/98 of the EC Turkey Association Council on the trade regime for agricultural products  /* COM/2005/0652 final - ACC 2005/0252 */****

[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 16.12.2005

COM(2005) 652 final

2005/0252 (ACC)

Proposal for a

COUNCIL DECISION

on a Community position in the EC-Turkey Association Council on the amendment of Protocols 1 and 2 of Decision No 1/98 of the EC-Turkey Association Council on the trade regime for agricultural products

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. Trade in agricultural goods is excluded from the EC-Turkey customs union. Arrangements for preferential trade in agricultural goods between the Community and Turkey are set out in Decision No 1/98 of the EC-Turkey Association Council.

2. In anticipation of the enlargement of the Community on 1 May 2004, the Council issued negotiating directives to the Commission according to which the Community’s agreements with a number of third countries (including Turkey) should be reviewed in order to take account of existing concessions and traditional trade flows between the countries concerned and the new Member States.

3. After consultations between Commission services and the competent Turkish authorities, agreement was reached on 28 April 2005 on adaptations to be made to the preferential arrangements for agricultural trade between the Community and Turkey to take account of the EU’s enlargement to 25 Member States.

4. In the interest of clarity, these adaptations should be integrated into the existing agreement in the form of new consolidated annexes. This exercise also provides an opportunity to make certain technical amendments updating the presentation of the existing concessions (in particular as regards tariff codes and product descriptions).

5. To implement these changes, the EC-Turkey Association Council should adopt a new Decision amending Decision No 1/98. If adopted, this proposed Council Decision will approve the adoption of the new Decision of the EC-Turkey Association Council.

2005/0252 (ACC)

Proposal for a

COUNCIL DECISION

on a Community position in the EC-Turkey Association Council on the amendment of Protocols 1 and 2 of Decision No 1/98 of the EC-Turkey Association Council on the trade regime for agricultural products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the second subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) Protocols 1 and 2 of Decision No 1/98 of the EC-Turkey Association Council of 25 February 1998 on the trade regime for agricultural products[1] set out the preferential regime applicable to trade in agricultural products between Turkey and the Community.

(2) Under Article 35 of the Additional Protocol to the Agreement establishing an Association between the European Economic Community and Turkey[2], the scope of the preferential treatment granted to each other by the Community and Turkey is to be decided by the Association Council,

HAS DECIDED AS FOLLOWS:

Sole Article

The position to be adopted by the Community in the Association Council established by the Agreement establishing an Association between the European Economic Community and Turkey shall be based on the draft Decision of the EC-Turkey Association Council annexed to this Decision.

Done at Brussels,

For the Council

The President

ANNEX

Draft

DECISION OF THE EC-TURKEY ASSOCIATION COUNCIL

amending Protocols 1 and 2 of Decision No 1/98 of the EC-Turkey Association Council on the trade regime for agricultural products

THE ASSOCIATION COUNCIL,

Having regard to the Agreement establishing an Association between the European Economic Community and Turkey,

Having regard to the Additional Protocol to that Agreement and in particular to Article 35 thereof,

Whereas:

(1) Decision No 1/98 of the EC-Turkey Association Council of 25 February 1998 on the trade regime for agricultural products[3] sets out arrangements for preferential agricultural trade between the Community and Turkey. Protocol 1 of the Decision contains details of the preferential regime to be applied by the Community to the import of agricultural products originating in Turkey. Protocol 2 of the Decision contains details of the preferential regime to be applied by Turkey to the import of agricultural products originating in the Community.

(2) The Parties have held consultations and agreed to adapt the preferential regime to take account of the recent enlargement of the Community.

(3) The relevant annexes to Protocols 1 and 2 of Decision No 1/98 should be replaced by new consolidated annexes reflecting the agreement on their adaptation and certain technical developments as regards tariff codes.

(4) Decision No 1/98 should therefore be amended accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

Decision No 1/98 is amended as follows:

(1) Annex 1 to Protocol 1 is replaced by the text in Annex I to this Decision;

(2) The Annex to Protocol 2 is replaced by the text in Annex II to this Decision.

Article 2

This Decision shall enter into force on the date of its adoption.

It is applicable from 1 January 2006, or from the first day of the month following the day of its adoption, whichever is later.

Done at Brussels,

For the Association Council

The President

ANNEX I

“PROTOCOL 1 – ANNEX 1

ARRANGEMENTS APPLICABLE TO THE IMPORTATION INTO THE COMMUNITY OF AGRICULTURAL PRODUCTS ORIGINATING IN TURKEY

For the purposes of this Annex, the term CCT means the rates shown in column 3 of Part Two or Part Three, Section I of Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff, as amended[4].

CN code (a) | Description (b) | CCT ad valorem duty | Specific duty |

Duty reduction (%) | Tariff quota (tonnes net weight) | In-quota duty (€/t) | Tariff quota (tonnes net weight) | Over-quota duty (€/t) |

0204 | Meat of sheep or goats | 100 | – | 0 | 200 |

0207 25 10 0207 25 90 | Meat of turkeys, not cut in pieces, frozen | 170 186 | 1 000 |

0207 27 30 0207 27 40 0207 27 50 0207 27 60 0207 27 70 | Turkey cuts and offal other than liver, frozen | 134 93 339 127 230 |

0406 90 29 0406 90 31 0406 90 50 ex 0406 90 86 ex 0406 90 87 ex 0406 90 88 | Kashkaval cheese Feta made from sheep’s milk or buffalo milk, in containers containing brine, or in sheepskin or goatskin bottles Other cheese made from sheep’s milk or buffalo milk, in containers containing brine, or in sheepskin or goatskin bottles Tulum Peyniri, made from sheep or buffalo milk, in individual plastic or other kind of packings of less than 10 kg | 0 | 2 300 | 671.9 |

0701 90 50 | New potatoes, from 1 January to 31 March | 100 | – |

0701 90 | Potatoes, fresh or chilled, other | 100 | 2 500 |

0703 10 11 0703 10 19 | Onions, from 15 February to 15 May | 100 | – |

0703 10 11 0703 10 19 | Onions, from 16 May to 14 February | 100 | 2 000 |

0703 20 00 | Garlic, fresh or chilled | 100 | – | 0 | – |

0708 20 00 | Beans, from 1 November to 30 April | 100 | – |

ex 0708 90 00 | Broad beans (Vicia Faba major L.), from 1 July to 30 April | 100 | – |

0709 30 00 | Aubergines, from 15 January to 30 April | 100 | – |

0709 30 00 | Aubergines, from 1 May to 14 January | 100 | 1 000 |

ex 0709 40 00 | Ribbed or stick celery (Apium graveolens L., var dulce (Mill) Pers.), from 1 January to 30 April | 100 | – |

0709 90 70 | Courgettes, from 1 December to end February | 100 | – |

0709 90 70 | Courgettes, from 1 March to 30 November | 100 | 500 |

ex 0709 90 90 | Pumpkins, from 1 December to end February | 100 | – |

ex 0709 90 90 | Wild onions of the genus Muscari comosum, from 15 February to 15 May | 100 | – |

0802 21 00 0802 22 00 | Hazelnuts or filberts (Corylus spp) | Duty rate: 3% | – |

CN code (a) | Description (b) | CCT ad valorem duty | Specific duty |

Duty reduction (%) | Tariff quota (tonnes net weight) | In-quota duty (€/t) | Tariff quota (tonnes net weight) | Over-quota duty (€/t) |

0806 10 10 | Fresh table grapes, from 1 May to 17 June and from 1 August to 14 November | 100 | 350 |

0806 10 10 | Fresh table grapes, from 15 November to 30 April and from 18 June to 31 July | 100 | – |

0807 11 00 | Watermelons, from 1 April to 15 June | 100 | – |

0807 11 00 | Watermelons, from 16 June to 31 March | 100 | 16 500 |

0807 19 00 | Other melons, from 1 November to 31 May | 100 | – |

0809 40 05 | Plums, from 1 May to 15 June | 100 | – |

0811 10 11 0811 20 11 0811 90 19 | Strawberries, frozen Raspberries, etc., frozen Other fruits, frozen | 100 | – | 0 | 100 |

1002 00 00 | Rye | Reduction according to Article 3(4) (MFN – max €11.68/t) |

1107 10 | Malt, not roasted | Reduction of €6.57/t | – |

1107 20 00 | Malt, roasted | Reduction of €6.57/t | – |

1509 10 10 | Virgin lampante olive oil | 10% reduction | – |

1509 10 90 | Other virgin olive oil | 7.5% ad valorem | 100 | 0 | 100 |

1509 10 90 | Other virgin olive oil | 10% reduction | – |

1509 90 00 | Other olive oil than virgin | 5% reduction | – |

1510 00 10 | Crude olive oil | 10% reduction | – |

1510 00 90 | Other olive oil | 5% reduction | – |

2002 10 2002 90 11 2002 90 19 | Prepared tomatoes, whole or in pieces Other prepared tomatoes, with a dry matter content of less than 12% by weight | 100 | 8 900 |

2002 90 31 2002 90 39 2002 90 91 2002 90 99 | Other prepared or preserved tomatoes, with a dry matter content of not less than 12% by weight | 100 | 30 000 (equivalence 28/30% dry matter content) |

2007 10 10 2007 91 10 2007 91 30 2007 99 20 2007 99 31 2007 99 33 2007 99 35 2007 99 39 2007 99 55 2007 99 57 | Jams, jellies, marmalades, puree and pastes | 100 | – | 67% reduction | 1 750 |

2007 91 30 | Jams, jellies, marmalades, puree and pastes, obtained by cooking, other than homogenised preparations, of citrus fruit, with a sugar content exceeding 13% but not exceeding 30% by weight | 100 | – | 0 | 100 |

2007 99 39 | Other preparations, with a sugar content exceeding 30% by weight | 100 | – | 0 | 100 |

CN code (a) | Description (b) | CCT ad valorem duty | Specific duty |

Duty reduction (%) | Tariff quota (tonnes net weight) | In-quota duty (€/t) | Tariff quota (tonnes net weight) | Over-quota duty (€/t) |

2008 30 19 2008 50 19 2008 50 51 2008 50 92 2008 50 94 2008 60 19 2008 70 19 2008 70 51 2008 80 19 | Fruit, nuts and other edible parts of plants, otherwise prepared or preserved | 100 | 2 100 |

2009 11 11 2009 11 91 2009 19 11 2009 19 91 2009 29 11 2009 29 91 2009 39 11 2009 39 51 2009 39 91 2009 61 90 2009 69 11 2009 69 79 2009 69 90 2009 80 11 2009 80 32 2009 80 33 2009 80 35 2009 80 61 2009 80 83 2009 80 84 2009 80 86 2009 90 11 2009 90 21 2009 90 31 2009 90 71 2009 90 92 2009 90 94 | Fruit juices | 100 | – | 67% reduction | 3 400 |

2204 10 | Sparkling wine | 0 | – |

2204 21 | Other wine, grape must with fermentation prevented or arrested by the addition of alcohol, in containers holding 2 litres or less | 0 | – |

2204 29 | Other wine, grape must with fermentation prevented or arrested by the addition of alcohol, in containers holding more than 2 litres | 0 | – |

2206 00 | Other fermented beverages; mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, not elsewhere specified or included | 0 | – |

ex 2207 | Undenatured ethyl alcohol of an alcoholic strength by volume of 80% vol or higher and ethyl alcohol and other spirits, denatured, of any strength, obtained from agricultural goods listed in Annex I to the EC Treaty | 0 | – |

2209 00 | Vinegar and substitutes for vinegar obtained from acetic acid | 0 | – |

(a) CN codes corresponding to Regulation (EC) No 1810/2004 (OJ L 327 of 30 October 2004).

(b) Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.”

ANNEX II

“PROTOCOL 2 – ANNEX

ARRANGEMENTS APPLICABLE TO THE IMPORTATION INTO TURKEY OF AGRICULTURAL PRODUCTS ORIGINATING IN THE COMMUNITY

CN code (a) | Description (b) | Reduction of the MFN duty (%) | Tariff quota (tonnes net weight) |

0102 10 | Live bovines: pure bred breeding animals | 100 | unlimited |

0102 90 29 | Live bovines, other than pure bred breeding animals, of a weight exceeding 80 kg but not exceeding 160 kg | 100 | 2 260 |

ex 0102 90 | Live bovines, other than pure bred breeding animals, other than those of a weight exceeding 80 kg but not exceeding 160 kg | 50 | 4 025 |

0202 20 | Other cuts of bovine meat, with bone in, frozen | 50% reduction with maximum duty of 30% | 5 000 |

0202 20 | Other cuts of bovine meat, with bone in, frozen | 30% reduction with maximum duty of 43% | 14 100 |

0210 | Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal | 52% ad valorem | 250 |

0402 10 | Milk and cream in powder, granules or other solid forms, of a fat content, by weight, not exceeding 1,5 % | 100 | 2 500 (c) |

0402 21 | Milk and cream in powder, granules or other solid forms, of a fat content, by weight, exceeding 1.5%, not containing added sugar or other sweetening matter | 100 | 2 500 (c) |

0404 | Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included | 30% ad valorem | 700 |

0405 10 0405 20 90 0405 90 | Butter and other fats and oils derived from milk; dairy spreads | 100 | 3 700 |

0406 30 | Processed cheese, not grated or powdered | 100 | 300 |

0406 90 | Other cheese | 100 | 2 000 |

ex 0406 90 | Cheese, other, excluding 0406 90 29 / 31 / 50 / 86 / 87 / 88 | 100 | 1 000 |

0408 11 80 | Egg yolks, dried, other | 24% ad valorem | 75 |

0601 | Bulbs, tubers, tuberous roots, corms, crowns and rhizomes, dormant, in growth or in flower; chicory plants and roots other than roots of heading No 1212 | 100 | 200 |

ex 0602 90 | Other live plants, excluding 0602 90 91 | 100 | 3 400 |

0603 10 | Cut flowers, etc., fresh | 100 | 100 |

0604 | Foliage, branches and other parts of plants, without flowers or flower buds, and grasses, mosses and lichens, being goods of a kind suitable for bouquets or for ornamental purposes, fresh, dried, dyed, bleached, impregnated or otherwise prepared | 100 | 100 |

0701 10 00 | Seed potatoes, fresh or chilled | 100 | 6 000 |

0709 51 00 | Mushrooms of the genus Agaricus, fresh or chilled | 7% ad valorem | 100 |

0710 22 00 | Beans, frozen | 11.5% ad valorem | 100 |

ex 0808 10 (excl. (d) 0808.10.80.00.11 0808.10.80.00.13 0808.10.80.00.14) | Apples, fresh, other than Golden Delicious, Starking and Starkrimson | 100 | 1 750 |

0808 20 | Pears and quinces, fresh | 30% ad valorem | 500 |

0809 30 | Peaches, including nectarines, fresh, from 15 July to 31 December | 100 | 1 000 |

CN code (a) | Description (b) | Reduction of the MFN duty (%) | Tariff quota (tonnes net weight) |

0810 90 30 | Tamarinds, cashew apples, lychees, jackfruit and sapodilla plums, fresh | 100 | 1 000 |

0810 90 40 | Passion fruit, carambola and pitahaya, fresh | 100 | 500 |

0810 90 95 | Other fruit, fresh | 100 | 500 |

0811 10 | Strawberries, frozen | 20% ad valorem | 100 |

0902 | Tea | Maximum duty: 45% | 200 |

1001 | Wheat and meslin, from 1 September to 31 May | 100 | 30 000 |

1001 10 00 | Durum wheat, from 1 September to 31 May | 100 | 100 000 |

1001 90 | Other wheat, from 1 September to 31 May | 100 | 200 000 |

1002 00 00 | Rye, from 1 September to 31 May | 100 | 22 500 |

ex 1003 00 | Barley, from 1 September to 31 May, for malting | 100 | 49 500 |

1004 00 00 | Oats, from 1 September to 31 May | 50 | 5 000 |

1005 90 00 | Maize (corn), from 1 September to 31 May, other than seed | 100 | 53 640 |

1005 90 00 | Maize (corn), from 1 December to 31 May, other than seed | 100 | 52 000 |

1006 30 | Semi-milled or wholly milled rice | 100 | 28 000 |

1104 12 90 | Flaked grains of oats | 50 | 100 |

1107 | Malt, whether or not roasted | 100 | 500 |

1206 00 91 1206 00 99 | Other sunflower seeds, other than for sowing, from 1 January to 31 August | 100 | 1 000 |

1207 20 90 | Cotton seeds, other than for sowing | 100 | 1 500 |

ex 1209 | Seeds, fruit and spores, for sowing, except 1209 10 00 | 100 | 1 050 |

1209 10 00 | Sugar beet seed | 100 | 300 |

1502 00 | Fats of bovine animals, sheep or goats | 100 | 3 000 |

1507 10 | Soya bean crude oil, from 1 January to 31 August | 100 | 60 000 |

1507 90 | Refined soya oil, from 1 January to 31 August | 50 | 2 000 |

1512 11 | Sunflower seed or safflower crude oil, from 1 January to 31 August | 100 | 18 400 |

1514 11 1514 91 | Crude rape, colza or mustard oil and fractions thereof, not chemically modified, containing 0% erucic acid, from 1 January to 31 August | 100 | 10 600 |

1602 10 00 | Homogenised preparations | 30% ad valorem | 400 |

1701 99 | Cane or beet sugar and chemically pure sucrose, in solid form, other than raw sugar, not containing added flavouring or colouring matter | 20% reduction with a maximum duty of 50% | 80 000 |

2001 90 50 2001 90 99 | Mushrooms, prepared or preserved by vinegar or acetic acid Other vegetables and fruit, prepared or preserved by vinegar or acetic acid | 50 | 325 |

2002 90 | Tomatoes, prepared or preserved otherwise than by vinegar or acetic acid, other | 100 | 1 500 |

2003 | Mushrooms and truffles, prepared or preserved otherwise than by vinegar or acetic acid | 13% ad valorem | 50 |

2005 10 | Homogenised vegetables | 15% ad valorem | 300 |

2005 40 | Peas prepared or preserved otherwise than by vinegar or acetic acid, not frozen | 100 | 300 |

2007 10 | Homogenised preparations | 25% ad valorem | 450 |

2007 99 10 2007 99 33 2007 99 35 ex 2007 99 39 ex 2007 99 57 ex 2007 99 98 | Jams, fruit jellies, marmalades, whether or not containing added sugar or other sweetening matter (excluding hazelnut purée) | 20% ad valorem | 1 000 |

CN code (a) | Description (b) | Reduction of the MFN duty (%) | Tariff quota (tonnes net weight) |

2009 11 2009 12 2009 19 2009 61 2009 71 2009 79 2009 80 89 2009 80 96 2009 90 11 2009 90 19 2009 90 21 2009 90 29 2009 90 31 2009 90 39 | Orange juice Grape juice Apple juice Juice of any other single fruit or vegetable with an added sugar content not exceeding 30% by weight Cherry juice Mixtures of juices | 15% ad valorem | 1 000 |

2204 10 | Sparkling wine | 35% ad valorem | 750 hl |

2209 00 | Vinegar and substitutes obtained from acetic acid | 100 | 2 500 |

2301 | Flours, meals and pellets, of meat or meat offal, of fish or of crustaceans, molluscs or other aquatic invertebrates, unfit for human consumption; greaves | 100 | – |

2304 00 00 | Oilcake and other solid residues resulting from the extraction of soya-bean oil | 100 | – |

2309 10 | Dog or cat food, put up for retail sale | 100 | 1 400 |

2309 90 | Other preparations of a kind used in animal feeding | 100 | 6 700 |

(a) CN codes corresponding to Regulation (EC) No 1810/2004 (OJ L 327 of 30 October 2004).

(b) Notwithstanding the rules for the interpretation of the combined nomenclature, the wording for the description of the products is to be considered as having no more than an indicative value, the preferential scheme being determined, within the context of this Annex, by the coverage of the CN codes. Where ex CN codes are indicated, the preferential scheme is to be determined by application of the CN code and corresponding description taken together.

(c) These quotas are foreseen for imports under the inward processing scheme.

(d) Turkish customs codes.”

FINANCIAL STATEMENT |

1. | BUDGET HEADING: Chapter 10 – Agricultural Duties Chapter 5 – Agricultural expenditure | APPROPRIATIONS: € 819.5 million €42 514.3 million |

2. | TITLE: Proposal for a Council Decision on a Community position in the EC-Turkey Association Council on the amendment of Protocols 1 and 2 of Decision No 1/98 of the EC-Turkey Association Council on the trade regime for agricultural products |

3. | LEGAL BASIS: Article 133 of the Treaty |

4. | AIMS: Adjustment of the bilateral arrangements for preferential agricultural trade between the EU and Turkey to take account of the enlargement of the Community on 1 May 2004. |

5. | FINANCIAL IMPLICATIONS | 12-MONTH PERIOD (EUR million) | CURRENT FINANCIAL YEAR 2005 (EUR million) | FOLLOWING FINANCIAL YEAR 2006 (EUR million) |

5.0 | EXPENDITURE – CHARGED TO THE EC BUDGET (REFUNDS/INTERVENTIONS) – NATIONAL AUTHORITIES – OTHER | none | none | none |

5.1 | REVENUE – OWN RESOURCES OF THE EC (LEVIES/CUSTOMS DUTIES) – NATIONAL | none | none | none |

2007 | 2008 | 2009 | 2010 |

5.0.1 | ESTIMATED EXPENDITURE | – | – | – | – |

5.1.1 | ESTIMATED REVENUE | – | – | – | – |

5.2 | METHOD OF CALCULATION: |

6.0 | CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT CHAPTER OF THE CURRENT BUDGET? | YES |

6.1 | CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT BUDGET? |

6.2 | WILL A SUPPLEMENTARY BUDGET BE NECESSARY? | NO |

6.3 | WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS? | NO |

OBSERVATIONS: The agreement includes no new concessions – neither on the EU export side, nor supplementary import concessions. The EU-25 takes over the concessions previously granted by the new Member States towards Turkey. |

[1] OJ L 86, 20.3.1998, p. 1.

[2] OJ L 293, 29.12.1972, p. 4.

[3] OJ L 86, 20.3.1998, p. 1.

[4] OJ L 256, 7.9.1987, p. 1.