Proposal for a COUNCIL REGULATION 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 Slovenia

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. On 30 March 1999, the Council authorised the Commission to open negotiations for additional mutual agricultural concessions in the framework of the Europe Agreements between the European Community and the associated Central and Eastern European Countries.

2. The negotiations, which have been undertaken in the overall context of the accession process, have been based on Article 21(5) of the Europe Agreement with Slovenia. Article 21(5) provides that the Community and Slovenia shall examine in the Association Council, product by product and on an orderly and reciprocal basis, the possibility of granting each other further concessions taking account of the volume of trade in agricultural products between them, of their particular sensitivity, of the rules of common agricultural policy of the Community and of the rules of the agricultural policy of the associated country.

3. According to the Council decision, the negotiations should lead to a fair equilibrium, both in terms of exports and imports, between the interests of the European Community and its Member States and those of the associated countries.

4. The result of the negotiations between the Commission and the Republic of Slovenia on additional agricultural concessions provides for an immediate and full liberalisation of the imports into the Community of some agricultural products, as well as the exports of those products from the Community to the Republic of Slovenia. The scope for concessions within tariff quotas has also been enlarged compared to the reciprocally currently granted concession. As a consequence of the new agreement approximately two thirds of the bilateral trade of agricultural products will be free of custom duties.

5. As a result of the adjustments agreed with Slovenia, an Additional Protocol to the Europe Agreement with Slovenia has to be established. A swift implementation of the adjustments forms an essential part of the results of the negotiations for the conclusion of an Additional Protocol to the Europe Agreement with Slovenia. Because of the duration of the procedure for the adoption of such a new protocol, an Additional Protocol cannot enter into force on 1 July 2000.

6. A Council Regulation, made on an autonomous and transitional basis, would enable such a swift implementation of the results of the negotiations. This present Council Regulation would be replaced by the additional protocol on the entry into force of the latter.

7. The Republic of Slovenia will also take all necessary legislative provisions, on an autonomous and transitional basis, in order to implement simultaneously the engagements of the Republic of Slovenia issued from the results of the negotiations.

8. The purpose of this proposal is to permit the early implementation, from 1 July 2000, of the results of the agricultural negotiations for the conclusion of an Additional Protocol to the Europe Agreement with Slovenia. It provides for the amendments of the Annexes of the Europe Agreement with Slovenia, which set out the concessions granted by the Community on imports originating in Slovenia.

9. The Council is requested to adopt the proposed Regulation.

2000/0219 (ACC)

Proposal for a COUNCIL REGULATION 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 Slovenia

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 concluded between the European Communities and their Member States, of the one part, and the Republic of Slovenia, of the other part [1], provide for certain concessions for certain agricultural products originating in Slovenia.

[1] OJ. L 51, 26.2.1999, p. 3.

(2) In accordance with the directives adopted by the Council on 30 March 1999, the Commission and the Republic of Slovenia concluded on 22 May 2000 negotiations on an Additional Protocol to the Europe Agreement.

(3) The Additional Protocol, which provide for additional agricultural concessions, will be based on Article 21(5) of the Europe Agreement, establishing that the Community and Slovenia shall examine in the Association Council, product by product and on an orderly and reciprocal basis, the possibility of granting each other further concessions.

(4) A swift implementation of the adjustments forms an essential part of the results of the negotiations for the conclusion of an Additional Protocol to the Europe Agreement with Slovenia.

(5) 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 Slovenia

(6) The Republic of Slovenia will take all useful legislative provisions, on an autonomous and transitional basis, in order to enable a rapid and simultaneous implementation of the adaptation of the agricultural concessions of the Republic of Slovenia provided for in the Europe Agreement.

(7) Since the measures necessary for the implementation of this Regulation are management measures within the meaning of Article 2 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission [2], they should be adopted by use of the management procedure provided for in Article 4 of that Decision.

[2] OJ L 184, 17.7.1999, p. 23.

(8) Commission Regulation (EC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code [3] codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations.

[3] OJ L 253, 11.10.1993, p. 1. Regulation at last amended by Regulation (EC) No 1662/1999 (OJ L 197, 29.7.1999, p. 25).

HAS ADOPTED THIS REGULATION:

Article 1

1. The arrangements for import into the Community applicable to certain agricultural products originating in Slovenia as set out in Annex A(a) and A(b) to this Regulation shall replace those set out in Annex VI to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Slovenia, of the other part.

2. On the entry into force of the additional protocol adjusting the Europe Agreement referred to in paragraph 1, the concessions provided for in that Protocol shall replace those referred to in Annex A(a) and A(b) to this Regulation.

3. 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 below 09.4000 shall be administered by the Commission in accordance with articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

2. Quantities of goods which have been released for free circulation in the Community from 1 January 2000 until 30 June 2000 with the benefit of a preferential duty rate provided for in Annex VI of the Europe Agreement, in the framework of the tariff quotas with order numbers 09.1532, 09.1533, 09.1534, 09.1535, 09.1537, 09.1541, 09.1542, 09.1543, 09.1544, 09.4082, 09.4083, 09.4084, 09.4086, 09.4087, 09.4088, 09.4089 and 09.4090 shall be fully taken into account for charging on the tariff quotas with the same order numbers provided for in Annex A(b) of this Regulation.

Article 3

1. The Commission shall be assisted by the committee instituted by Article 23 of Council Regulation (EC) N° 1766/92 on the common organisation of the market of cereals [4] or, where appropriate, the committee instituted by the relevant provisions of the other Regulations on the common organisation of agricultural markets.

[4] OJ L 181, 1.7.1992, p. 21.

2. Where reference is made to this paragraph, the management procedure laid down in Article 4 of Decision 1999/468/EC shall apply, in compliance with Article 7(3) thereof.

3. The period provided for in Article 4(3) of Decision 1999/468/EC shall be one month.

Article 4

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 2000.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

ANNEX A(a)

Custom duties on imports applicable in the Community to products originating in the Republic of Slovenia and listed below shall be abolished

>TABLE POSITION>

(1) As defined in Commission regulation (EC) N° 2204/1999 of 12 October 1999, amending Annex I to Council Regulation (EEC) N° 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 278, 28 October 1999, p. 1).

ANNEX A(b)

Imports into the Community of the following products originating in the Republic of Slovenia shall be subject to the concessions set out below

(MFN= Most Favoured Nation duty)

>TABLE POSITION>

>TABLE POSITION>

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

(2) In cases where a MFN minimum duty exits, the applicable minimum duty is equal to the MFN minimum duty multiplied by the percentage indicated in this column.

(3) Carcase weight.

(4) The reduction applies only to the ad valorem part of the duty.

(5) For year 2000 the concession applies from 1.7.2000 on.

>TABLE POSITION>