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 the republic of Poland and repealing Regulation (EC) No 3066/95

(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 20(5) of the Europe Agreement with the Republic of Poland. Article 20(5) provides that the Community and Poland 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 Poland 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 Poland. The scope for concessions within tariff quotas has also been enlarged compared to the reciprocally currently granted concession.

5. As a result of the adjustments agreed with Poland, a new Additional Protocol to the Europe Agreement with the Republic of Poland has to be established. 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. Because of the duration of the procedure for the adoption of such a new protocol, a new Additional Protocol cannot enter into force on 1 January 2001.

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 new additional protocol on the entry into force of the latter.

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

8. The purpose of this proposal is to permit the early implementation, from 1 January 2001, of the results of the agricultural negotiations for the conclusion of a new Additional Protocol to the Europe Agreement with the republic of Poland. It provides for the replacement of Annex II of Council Regulation (EC) No 3066/95, which sets out the concessions granted by the Community on imports originating in Poland. As a result of the conclusion of agreements on with Bulgaria, the Czech Republic, Hungary, Romania and the Slovak Republic on further agricultural concessions, Regulation (EC) No 3066/95 has effectively lost its substance and can therefore be repealed.

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

2000/0285 (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 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 [1],

[1] OJ ..., ..., p. ...

Whereas:

(1) The Europe Agreement concluded between the European Communities and their Member States, of the one part, and the republic of Poland, of the other part [2], provide for certain concessions for certain agricultural products originating in Poland.

[2] OJ L 348, 31.12.1993, p. 2.

(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 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, certain agricultural concessions provided for in the Europe Agreement to take account of the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations [3]. 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 of the accession of the Republic of Austria, of the Republic of Finland and of the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture has not yet entered into force.

[3] OJ L 328, 30.12.1995, p. 31.

(3) As a result of the conclusion of agreements on with Bulgaria, the Czech Republic, Hungary, Romania and the Slovak Republic on further agricultural concessions, Regulation (EC) No 3066/95 has effectively lost its substance and can 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 provide for additional agricultural concessions, will be based on Article 20(5) of the Europe Agreement, establishing that the Community and Poland shall examine in the Association Council, product by product and 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 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) 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 [4], they should be adopted by use of the management procedure provided for in Article 4 of that Decision.

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

(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 [5] codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations,

[5] OJ L 253, 11.10.1993, p. 1. Regulation at last amended by Commission Regulation (EC) No 1602/2000 (OJ L 188, 26.7.2000, p. 1).

HAS ADOPTED THIS REGULATION:

Article 1

1. The arrangements for import into the Community applicable to certain agricultural products originating in 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 the 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 [6] or, where appropriate, the committee instituted by the relevant provisions of the other Regulations on the common organisation of agricultural markets.

[6] 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 January 2001.

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 Poland 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, 28.10.1999, p. 1).

ANNEX A(b)

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

(MFN= Most Favoured Nation duty)

>TABLE POSITION>

>TABLE POSITION>

>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 be 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) The quota for this product is opened for Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania and the Slovak Republic. Where it appears likely that total Community imports of live bovine animals may exceed 500 000 heads in a given marketing year the Community may take the management measures needed to protect its market, not withstanding any other rights given under the Agreement.

(4) The quota for this product is opened for Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania and the Slovak Republic.

(5) The Community may take into account, in the framework of its legislation and when appropriate the supply needs of its market and the need to maintain its market balance.

(6) Excluding tenderloin presented alone.

(7) This concession is only applicable to products non-benefiting from any kind of export subsidies.

(8) In dried egg equivalent (100 kg liquid egg=25.7 kg of dried egg)

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

(10) Subject to minimum import price arrangements contained in the Annex to the present Annex.

(11) Co-efficient for conversion to fresh meat=2.14, providing meat content is >60%.

(12) In addition to the reduction of the ad valorem part of the duty, five additional stages (10%, 12%, 14%, 16% and 18%) are herewith introduced which have to be used before the application of the full specific duty as mentioned in the Combined Nomenclature.

(13) In addition to the reduction of the ad valorem part of the duty, three additional stages (10%, 12% and 14%), are herewith introduced which have to be used before the application of the full specific duty as mentioned in the Combined Nomenclature.

(14) For these CN-codes, the following concessions should be applied: - Five additional stages (10%, 12%, 14%, 16% and 18%) are herewith introduced for the period 1 January to 14 February, which have to be used before the application of the full specific duty as mentioned in the Combined Nomenclature - Three additional stages (14%, 16% and 18%) are herewith introduced for the period 15 February to 31 March, which have to be used before the application of the full specific duty as mentioned in the Combined Nomenclature - Two additional stages (16% and 18%) are herewith introduced for the period 1April to 15 July, which have to be used before the application of the full specific duty as mentioned in the Combined Nomenclature - Five additional stages (10%, 12%, 14%, 16% and 18%) are herewith introduced for the period 16 July to 31 December, which have to be used before the application of the full specific duty as mentioned in the Combined Nomenclature.

ANNEX TO ANNEX A(b) Minimum import price arrangement for certain soft fruit for processing

1. Minimum import prices are fixed as follows for the following products for processing originating in Poland:

>TABLE POSITION>

2. The minimum import prices, as set out in Article 1, will be respected on a consignment by consignment basis. In the case of a customs declaration value being lower than the minimum import price, a countervailing duty will be charged equal to the difference between the minimum import price and the customs declaration value.

3. If the import prices of a given product covered by this Annex show a trend suggesting that the prices could go below the level of the minimum import prices in the immediate future, the European Commission will inform the Polish authorities in order to enable them to correct the situation.

4. At the request of either the Community or Poland, the Association Committee shall examine the functioning of the system or the revision of the level of the minimum import prices. If appropriate, the Association Committee shall take the necessary decisions.

5. To encourage and promote the development of trade and for the mutual benefit of all parties concerned, a consultation meeting will be organised three months before the beginning of each marketing year in the European Community. This consultation meeting will take place between the European Commission and the interested European producers' organisations for the products concerned, of the one part and the authorities', producers' and exporters' organisations of all the associated exporting countries, of the other part.

During this consultation meeting, the market situation for soft fruit including, in particular, forecasts for production, stock situation, price evolution and possible market development, as well as possibilities to adapt supply to demand, will be discussed.

>TABLE POSITION>