COUNCIL REGULATION (EC) No 2179/95
of 8 August 1995
providing for the adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreements and amending Regulation (EC) No 3379/94 opening and administering certain Community tariff quotas in 1995 for certain agricultural products and for beer, to take account of the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas the Europe Agreements establishing an association between the European Communities and their Member States, of the one part, and the Republic of Hungary, the Republic of Poland, the Slovak Republic, the Czech Republic, Romania and the Republic of Bulgaria, respectively, of the other part (1), hereinafter referred to as 'Europe Agreements', provide for concessions for certain agricultural products originating in those countries; whereas those concessions involve reductions in the variable levies under tariff quotas and reductions in customs duties;
Whereas Protocol 3 of the Europe Agreements provides for concessions for certain processed agricultural products originating in those countries; whereas those concessions involve, in due cases, reductions in the variable components provided for in Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (2);
Whereas Council Regulation (EC) No 3379/94 (3) adjusted autonomously and temporarily concessions regarding certain agricultural products granted in the framework of the said Europe Agreements, as a result of the accession of Austria, Finland and Sweden and to take into account the existing trade between those States, of the one part, and the Republic of Hungary, the Republic of Poland, the Slovak Republic, the Czech Republic, Romania and the Republic of Bulgaria, of the other part;
Whereas, pursuant to the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations (4), the Community undertook to fix the rate of duties of all variable agricultural levies and other non-tariff barriers and to replace them by fixed customs duties from 1 July 1995;
Whereas the replacement of levies by customs duties could affect the concessions granted pursuant to Annex I of Regulation (EC) No 3379/94 and could reduce the preferential access to the Community market granted to the associated countries of central Europe; whereas, in order to avoid such a negative effect, these concessions should be adapted for the second half of 1995;
Whereas the replacement of variable levies and other barriers by customs duties could affect the concessions granted pursuant to the Europe Agreements and could reduce the preferential access to the Community market granted to the associated countries of central Europe; whereas, in order to ensure a smooth transition to the arrangements applicable from 1 July and to maintain the degree of preference granted, it is therefore necessary to adjust the concessions provided for in those Agreements;
Whereas to that end, and in accordance with the directives adopted by the Council on 6 March 1995, negotiations are currently under way with the countries concerned for the conclusion of protocols amending the Europe Agreements; whereas 'interim' protocols will cover solely the trade-related aspects of the amending protocols; whereas, given the short time-scale involved, however, such interim protocols cannot enter into force on 1 July 1995; whereas it is therefore advisable to adjust the concessions as an autonomous measure from that date pending the conclusion and entry into force of the interim protocols,
HAS ADOPTED THIS REGULATION:
Article 1
This Regulation lays down adjustments to the concessions for certain agricultural products provided for in the Europe Agreements with the Republic of Hungary, the Republic of Poland, the Slovak Republic, the Czech Republic, Romania and the Republic of Bulgaria made necessary by the implementation of the Agreement on Agriculture concluded durcing the Uruguay Round Multilateral Trade Negotiations.
Article 2
1. The agricultural products originating in Poland and listed in Annexes VIIIa, VIIIb, Xa, Xb and Xc to the Europe Agreement with the Republic of Poland shall be eligible for the concessions provided for in Annex I to this Regulation.
2. The processed agricultural products originating in Poland and listed in Protocol 3 to the Europe Agreement referred to in paragraph 1 shall be subject to the duties provided for in Annex VIII to this Regulation.
3. On the date of entry into force of the interim protocol adjusting the Europe Agreement referred to in paragraph 1, the concessions provided for in that protocol shall replace those referred to in Annexes I and VIII to this Regulation.
4. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for agricultural products originating in Poland not listed in Annex I to this Regulation and for which the new Community customs tariff applicable on 1 July 1995 is greater than the sum of the duty and the levy applicable on 1 June 1995. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional imports originating in Poland. The duty applicable within these tariff quotas shall be equal to the sum of the erga omnes duty and levy applicable on 1 June 1995.
5. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for agricultural products originating in Poland listed in Annex I to this Regulation, but for which the preference is granted within a tariff quota, and for which the new Community customs tariff applicable on 1 July 1995 is greater than the sum of the erga omnes duty and levy applicable on 1 June 1995. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional and non-preferential imports originating in Poland. The duty applicable within these tariff quotas shall be equal to the sum of the erga omnes duty and levy applicable on 1 June 1995.
6. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for processed agricultural products originating in Poland not listed in Annex VIII to this Regulation and for which the new Community customs tariff applicable on 1 July 1995 is greater than the amounts applied during the previous year. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional imports originating in Poland. The duty applicable within these tariff quotas shall be equal to the average erga omnes amount applied during the previous year.
7. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for processed agricultural products originating in Poland for which preference is granted within a tariff quota appearing in Annex VIII to this Regulation and for which the new Community customs tariff applicable net of quota on 1 July 1995 is greater than the amounts applied net of quota during the previous year. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional and non-preferential imports originating in Poland. The duty applicable within these tariff quotas shall be equal to the average erga omnes amount applied during the previous year.
8. From 1 July 1995, and for the products originating in Poland, the duty rates provided for in Annex I to Regulation (EC) No 3379/94 shall be replaced by the rates indicated in Annex VII to this Regulation.
9. For the products originating in Poland, the Commission may reduce the specific amount applicable within the quota opened in the framework of GATT of 169 000 heads of live bovine animals to ECU 399/tonne.
10. The Commission shall only adopt the detailed rules for the application of this Regulation regarding the implementation of the concessions provided for in paragraphs 1 to 9 if it has reassured itself that measures having comparable effects will be implemented simultaneously or as soon as possible by Poland.
Article 3
1. The agricultural products originating in Hungary and listed in Annexes VIIIa, VIIIb, Xa, Xb and Xc to the Europe Agreement with the Republic of Hungary shall be eligible for the concessions provided for in Annex II to this Regulation.
2. The processed agricultural products originating in Hungary and listed in Protocol 3 to the Europe Agreement referred to in paragraph 1 shall be subject to the duties provided for in Annex IX to this Regulation.
3. On the date of entry into force of the interim protocol adjusting the Europe Agreement referred to in paragraph 1, the concessions provided for in that protocol shall replace those referred to in Annexes II and IX to this Regulation.
4. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for agricultural products originating in Hungary not listed in Annex II to this Regulation and for which the new Community customs tariff applicable on 1 July 1995 is greater than the sum of the duty and the levy applicable on 1 June 1995. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional imports originating in Hungary. The duty applicable within these tariff quotas shall be equal to the sum of the erga omnes duty and levy applicable on 1 June 1995.
5. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for agricultural products originating in Hungary listed in Annex II to this Regulation, but for which the preference is granted within a tariff quota, and for which the new Community customs tariff applicable on 1 July 1995 is greater than the sum of the erga omnes duty and levy applicable on 1 June 1995. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional and non-preferential imports originating in Hungary. The duty applicable within these tariff quotas shall be equal to the sum of the erga omnes duty and levy applicable on 1 June 1995.
6. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for processed agricultural products originating in Hungary not listed in Annex IX to this Regulation and for which the new Community customs tariff applicable on 1 July 1995 is greater than the amounts applied during the previous year. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional imports originating in Hungary. The duty applicable within these tariff quotas shall be equal to the average erga omnes amount applied during the previous year.
7. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for processed agricultural products originating in Hungary for which preference is granted within a tariff quota appearing in Annex IX to this Regulation and for which the new Community customs tariff applicable net of quota on 1 July 1995 is greater than the amounts applied net of quota during the previous year. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional and non-preferential imports originating in Hungary. The duty applicable within these tariff quotas shall be equal to the average erga omnes amount applied during the previous year.
8. From 1 July 1995, and for the products originating in Hungary, the duty rates provided for in Annex I to Regulation (EC) No 3379/94 shall be replaced by the rates indicated in Annex VII to this Regulation.
9. For the products originating in Hungary, the Commission may reduce the specific amount applicable within the quota opened in the framework of GATT of 169 000 heads of live bovine animals to ECU 399/tonne.
10. The Commission shall only adopt the detailed rules for the application of this Regulation regarding the implementation of the concessions provided for in paragraphs 1 to 9 if it has reassured itself that measures having comparable effects will be implemented simultaneously or as soon as possible by Hungary.
Article 4
1. The agricultural products originating in the Slovak Republic and listed in Annexes XIa, XIb, XII and XIII to the Europe Agreement with the Slovak Republic shall be eligible for the concessions provided for in Annex III to this Regulation.
2. The processed agricultural products originating in the Slovak Republic and listed in Protocol 3 to the Europe Agreement referred to in paragraph 1 shall be subject to the duties provided for in Annex X to this Regulation.
3. On the date of entry into force of the interim protocol adjusting the Europe Agreement referred to in paragraph 1, the concessions provided for in that protocol shall replace those referred to in Annexes III and X to this Regulation.
4. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for agricultural products originating in the Slovak Republic not listed in Annex III to this Regulation and for which the new Community customs tariff applicable on 1 July 1995 is greater than the sum of the duty and the levy applicable on 1 June 1995. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional imports originating in the Slovak Republic. The duty applicable within these tariff quotas shall be equal to the sum of the erga omnes duty and levy applicable on 1 June 1995.
5. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for agricultural products originating in the Slovak Republic listed in Annex III to this Regulation, but for which the preference is granted within a tariff quota, and for which the new Community customs tariff applicable on 1 July 1995 is greater than the sum of the erga omnes duty and levy applicable on 1 June 1995. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional and non-preferential imports originating in the Slovak Republic. The duty applicable within these tariff quotas shall be equal to the sum of the erga omnes duty and levy applicable on 1 June 1995.
6. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for processed agricultural products originating in the Slovak Republic not listed in Annex X to this Regulation and for which the new Community customs tariff applicable on 1 July 1995 is greater than the amounts applied during the previous year. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional imports originating in the Slovak Republic. The duty applicable within these tariff quotas shall be equal to the average erga omnes amount applied during the previous year.
7. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for processed agricultural products originating in the Slovak Republic for which preference is granted within a tariff quota appearing in Annex X to this Regulation and for which the new Community customs tariff applicable net of quota on 1 July 1995 is greater than the net of quota amounts applied during the previous year. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional and non-preferential imports originating in the Slovak Republic. The duty applicable within these tariff quotas shall be equal to the average erga omnes amount applied during the previous year.
8. From 1 July 1995, and for the products originating in the Slovak Republic, the duty rates provided for in Annex I to Regulation (EC) No 3379/94 shall be replaced by the rates indicated in Annex VII to this Regulation.
9. For the products originating in the Slovak Republic, the Commission may reduce the specific amount applicable within the quota opened in the framework of GATT of 169 000 heads of live bovine animals to ECU 399/tonne.
10. The Commission shall only adopt the detailed rules for the application of this Regulation regarding the implementation of the concessions provided for in paragraphs 1 to 9 if it has reassured itself that measures having comparable effects will be implemented simultaneously or as soon as possible by the Slovak Republic.
Article 5
1. The agricultural products originating in the Czech Republic and listed in Annexes XIa, XIb, XII and XIII to the Europe Agreement with the Czech Republic shall be eligible for the concessions provided for in Annex IV to this Regulation.
2. The processed agricultural products originating in the Czech Republic and listed in Protocol 3 to the Europe Agreement referred to in paragraph 1 shall be subject to the duties provided for in Annex XI to this Regulation.
3. On the date of entry into force of the interim protocol adjusting the Europe Agreement referred to in paragraph 1, the concessions provided for in that protocol shall replace those referred to in Annexes IV and XI to this Regulation.
4. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for agricultural products originating in the Czech Republic not listed in Annex IV to this Regulation and for which the new Community customs tariff applicable on 1 July 1995 is greater than the sum of the duty and the levy applicable on 1 June 1995. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional imports originating in the Czech Republic. The duty applicable within these tariff quotas shall be equal to the sum of the erga omnes duty and levy applicable on 1 June 1995.
5. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for agricultural products originating in the Czech Republic listed in Annex IV to this Regulation, but for which the preference is granted within a tariff quota, and for which the new Community customs tariff applicable on 1 July 1995 is greater than the sum of the erga omnes duty and levy applicable on 1 June 1995. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional and non-preferential imports originating in the Czech Republic. The duty applicable within these tariff quotas shall be equal to the sum of the erga omnes duty and levy applicable on 1 June 1995.
6. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for processed agricultural products originating in the Czech Republic not listed in Annex XI to this Regulation and for which the new Community customs tariff applicable on 1 July 1995 is greater than the amounts applied during the previous year. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional imports originating in the Czech Republic. The duty applicable within these tariff quotas shall be equal to the average erga omnes amount applied during the previous year.
7. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for processed agricultural products originating in the Czech Republic for which preference is granted within a tariff quota appearing in Annex XI to this Regulation and for which the new Community customs tariff applicable net of quota on 1 July 1995 is greater than the amounts applied net of quota during the previous year. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional and non-preferential imports originating in the Czech Republic. The duty applicable within these tariff quotas shall be equal to the average erga omnes amount applied during the previous year.
8. From 1 July 1995, and for the products originating in the Czech Republic, the duty rates provided for in Annex I to Regulation (EC) No 3379/94 shall be replaced by the rates indicated in Annex VII to this Regulation.
9. For the products originating in the Czech Republic, the Commission may reduce the specific amount applicable within the quota opened in the framework of GATT of 169 000 heads of live bovine animals to ECU 399/tonne.
10. The Commission shall only adopt the detailed rules for the application of this Regulation regarding the implementation of the concessions provided for in paragraphs 1 to 9 if it has reassured itself that measures having comparable effects will be implemented simultaneously or as soon as possible by the Czech Republic.
Article 6
1. The agricultural products originating in Romania and listed in Annexes XIa, XIb, XIIa and XIIb to the Europe Agreement with Romania shall be eligible for the concessions provided for in Annex V to this Regulation.
2. The processed agricultural products originating in Romania and listed in Protocol 3 to the Europe Agreement referred to in paragraph 1 shall be subject to the duties provided for in Annex XII to this Regulation.
3. On the date of entry into force of the interim protocol adjusting the Europe Agreement referred to in paragraph 1, the concessions provided for in that protocol shall replace those referred to in Annexes V and XII to this Regulation.
4. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for agricultural products originating in Romania not listed in Annex V to this Regulation and for which the new Community customs tariff applicable on 1 July 1995 is greater than the sum of the duty and the levy applicable on 1 June 1995. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional imports originating in Romania. The duty applicable within these tariff quotas shall be equal to the sum of the erga omnes duty and levy applicable on 1 June 1995.
5. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for agricultural products originating in Romania listed in Annex V to this Regulation but for which the preference is granted within a tariff quota, and for which the new Community customs tariff applicable on 1 July 1995 is greater than the sum of the erga omnes duty and levy applicable on 1 June 1995. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional and non-preferential imports originating in Romania. The duty applicable within these tariff quotas shall be equal to the sum of the erga omnes duty and levy applicable on 1 June 1995.
6. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for processed agricultural products originating in Romania not listed in Annex XII to this Regulation and for which the new Community customs tariff applicable on 1 July 1995 is greater than the amounts applied during the previous year. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional imports originating in Romania. The duty applicable within these tariff quotas shall be equal to the average erga omnes amounts applied during the previous year.
7. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for processed agricultural products originating in Romania for which preference is granted within a tariff quota appearing in Annex XII to this Regulation, and for which the new Community customs tariff applicable net of quota on 1 July 1995 is greater than the net of quota amounts applied during the previous year. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional and non-preferential imports originating in Romania. The duty applicable within these tariff quotas shall be equal to the average erga omnes amount applied during the previous year.
8. From 1 July 1995, and for the products originating in Romania, the duty rates provided for in Annex I to Regulation (EC) No 3379/94 shall be replaced by the rates indicated in Annex VII to this Regulation.
9. For the products originating in Romania, the Commission may reduce the specific amount applicable within the quota opened in the framework of GATT of 169 000 heads of live bovine animals to ECU 399/tonne.
10. The Commission shall only adopt the detailed rules for the application of this Regulation regarding the implementation of the concessions provided for in paragraphs 1 to 9 if it has reassured itself that measures having comparable effects will be implemented simultaneously or as soon as possible by Romania.
Article 7
1. The agricultural products originating in Bulgaria and listed in Annexes XIa, XIb, XIIIa and XIIIb to the Europe Agreement shall be eligible for the concessions provided for in Annex VI to this Regulation.
2. The processed agricultural products originating in Bulgaria and listed in Protocol 3 to the Europe Agreement referred to in paragraph 1 shall be subject to the duties provided for in Annex XIII to this Regulation.
3. On the date on entry into force of the interim protocol adjusting the Europe Agreement referred to in paragraph 1, the concessions provided for in that protocol shall replace those referred to in Annexes VI and XIII to this Regulation.
4. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for agricultural products originating in Bulgaria not listed in Annex VI to this Regulation and for which the new Community customs tariff applicable on 1 July 1995 is greater than the sum of the duty and the levy applicable on 1 June 1995. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional imports originating in Bulgaria. The duty applicable within these tariff quotas shall be equal to the sum of the erga omnes duty and levy applicable on 1 June 1995.
5. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for agricultural products originating in Bulgaria listed in Annex VI to this Regulation, but for which the preference is granted within a tariff quota, and for which the new Community customs tariff applicable on 1 July 1995 is greater than the sum of the erga omnes duty and levy applicable on 1 June 1995. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional and non-preferential imports originating in Bulgaria. The duty applicable within these tariff quotas shall be equal to the sum of the erga omnes duty and levy applicable on 1 June 1995.
6. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for processed agricultural products originating in Bulgaria not listed in Annex XIII to this Regulation and for which the new Community customs tariff applicable on 1 July 1995 is greater than the amounts applied during the previous year. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional imports originating in Bulgaria. The duty applicable within these tariff quotas shall be equal to the average erga omnes amount applied during the previous year.
7. The Commission may open, according to the rules for application provided for in Article 8 of this Regulation and from 1 July to 31 December 1995, tariff quotas for processed agricultural products originating in Bulgaria for which preference is granted within a tariff quota appearing in Annex XIII to this Regulation and for which the new Community customs tariff applicable net of quota on 1 July 1995 is greater than the net of quota amounts applied during the previous year. The volume of these tariff quotas shall be equal to one half of the Community's annual traditional and non-preferential imports originating in Bulgaria. The duty applicable within these tariff quotas shall be equal to the erga omnes amount applied during the previous year.
8. From 1 July 1995, and for the products originating in Bulgaria, the duty rates provided for in Annex I to Regulation (EC) No 3379/94 shall be replaced by the rates indicated in Annex VII to this Regulation.
9. For the products originating in Bulgaria, the Commission may reduce the specific amount applicable within the quota opened in the framework of GATT of 169 000 heads of live bovine animals to ECU 399/tonne.
10. The Commission shall only adopt the detailed rules for the application of this Regulation regarding the implementation of the concessions provided for in paragraphs 1 to 9 if it has reassured itself that measures having comparable effects will be implemented simultaneously or as soon as possible by Bulgaria.
Article 8
The Commission shall adopt the detailed rules for the application of this Regulation in accordance with the procedure laid down in Article 23 of Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organization of the market in cereals (1) and the corresponding provisions of the other Regulations on the common organization of the markets, and, for processed agricultural products, in accordance with the procedure laid down in Article 16 of Regulation (EC) No 3448/93, and, for the remaining products, in accordance with the procedure laid down in Article 6 of Council Regulation (EC) No 1798/94 of 18 July 1994 opening and providing for the administration of Community tariff quotas for certain agricultural products originating in Bulgaria, the Czech Republic, Hungary, Poland, Romania and Slovakia and establishing the detailed provisions for adapting these quotas (1994 to 1997) (1).
Article 9
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Communities.
It shall apply from 1 July to 31 December 1995.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 8 August 1995.