Council Regulation (EC) No 2851/2000
of 22 December 2000
establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with the Republic of Poland and repealing Regulation (EC) No 3066/95
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 proposal from the Commission,
Whereas:
(1) The Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part(1), provides for certain concessions for certain agricultural products originating in Poland.
(2) Improvements to the preferential agreements of the Europe Agreement with the Republic of Poland were provided for in Council Regulation (EC) No 3066/95 of 22 December 1995 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for the adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreements to take account of the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations(2). The Protocol adjusting trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture including improvements to existing preferential agreements has not yet entered into force.
(3) As a result of the conclusion of agreements with Bulgaria, the Czech Republic, Hungary, Romania and the Slovak Republic on further agricultural concessions, Regulation (EC) No 3066/95 has effectively been voided of its substance and should therefore be repealed.
(4) In accordance with the directives adopted by the Council on 30 March 1999, the Commission and Poland concluded on 26 September 2000 negotiations on a new Additional Protocol to the Europe Agreement.
(5) The new Additional Protocol, which provides for additional agricultural concessions, will be based on Article 20(5) of the Europe Agreement, establishing that the Community and Poland are to examine in the Association Council, product by product on an orderly and reciprocal basis, the possibility of granting each other further concessions.
(6) A swift implementation of the adjustments forms an essential part of the results of the negotiations for the conclusion of a new Additional Protocol to the Europe Agreement with the Republic of Poland.
(7) It is therefore appropriate to provide for the adjustment, as an autonomous and transitional measure, of the agricultural concessions provided for in the Europe Agreement with the Republic of Poland.
(8) The Republic of Poland will also undertake all the necessary legislative provisions, on an autonomous and transitional basis, in order to implement simultaneously the commitments made by the Republic of Poland as a result of the conclusion of the negotiations.
(9) The measures necessary for the implementation of this Regulation should be in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(3).
(10) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(4) codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations,
HAS ADOPTED THIS REGULATION:
Article 1
1. The arrangements for import into the Community applicable to certain agricultural products originating in the Republic of Poland as set out in Annex A(a) and A(b) to this Regulation shall replace those referred to in Annexes VIIIa, VIIIb, Xa, Xb and Xc of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part.
2. On the entry into force of the Additional Protocol adjusting the Europe Agreement to take into account the outcome of the negotiations between the parties on new mutual agricultural concessions, the concessions provided for in that Protocol shall replace those referred to in Annex A(a) and A(b) to this Regulation.
3. Regulation (EC) No 3066/95 is hereby repealed.
4. The Commission shall adopt detailed rules for the application of this Regulation in accordance with the procedure laid down in Article 3(2).
Article 2
1. Tariff quotas with an order number above 09.5100 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.
2. Quantities of goods subject to tariff quotas and released for free circulation as from 1 July 2000 under the concessions provided for in Annexes VIIIa, VIIIb, Xa, Xb and Xc to the Europe Agreement in accordance with the provisions of Regulation (EC) No 3066/95 shall be fully counted against the quantities provided for in Annex A(b) of this Regulation, except for quantities for which import licences have been issued before 1 July 2000.
3. Paragraph 2 shall not apply to the tariff quota with order number 09.5811.
Article 3
1. The Commission shall be assisted by the committee instituted by Article 23 of Council Regulation (EEC) No 1766/92 on the common organisation of the market of cereals(5) or, where appropriate, the committee instituted by the relevant provisions of the other Regulations on the common organisation of agricultural markets, hereafter referred to as the "Committee".
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its rules of procedure.
Article 4
This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2001.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 December 2000.