Proposal for a COUNCIL DECISION on the position to be taken by the Community in the Association Council established by the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, concerning the improvement of the trade arrangements for processed agricultural products provided for in Protocol 3 of the Europe Agreement between the European Community and the Republic of Poland

(presented by the Commission)

EXPLANATORY MEMORANDUM

Under the terms of Article 20 of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, approved by the Decision of the Council and of the Commission (93/743/EC, ECSC, Euratom) of 13 December 1993, Protocol 3 lays down the trade arrangements for the processed agricultural products which are listed therein. In accordance with Article 2(1) of the Protocol adjusting trade aspects of the Europe Agreement to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union, the outcome of the Uruguay Round negotiations on agriculture and the improvements to the existing preferential arrangements approved by Council Decision (2002/63/EC) of 23 October 2001, Protocol 3 to the Europe Agreement has been amended by Annex H to that Protocol.

During the debate on the negotiating guidelines proposed by the Commission to improve the agricultural components of the Europe Agreements, the Council asked the Commission to negotiate in parallel improved access to the markets for processed agricultural products. The relevant provisions of the above-mentioned Protocol 3 form the legal basis for these negotiations.

Following this request from the Council, the Commission departments have started negotiations with a delegation from the Republic of Poland in order to improve access to the markets.

The two parties have reached a draft agreement which envisages the reduction of import duties for the products under quota and the introduction of new reduced-duty quotas, an increase in the amounts of the quotas to take account of traditional trade flows, and reductions in import duties on a wide range of products.

The Council has authorised the implementation of this agreement in the form of autonomous and transitional measures, which have been in force since 1 February 2003. It is therefore proposed to the Council that it adopt this joint position for a Decision of the Association Council to amend the Annexes to Protocol 3.

2003/0135 (ACC)

Proposal for a COUNCIL DECISION on the position to be taken by the Community in the Association Council established by the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, concerning the improvement of the trade arrangements for processed agricultural products provided for in Protocol 3 of the Europe Agreement between the European Community and the Republic of Poland

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Whereas:

(1) The Europe Agreement [1] establishes an association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part.

[1] OJ L 348, 31.12.1993, p. 3.

(2) By its Decision of 23 October 2001, the Council approved Protocol 3, as amended by the Protocol adjusting trade aspects of the Europe Agreement [2] 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, laying down the trade arrangements for processed agricultural products between the Community and Poland.

[2] OJ L 27, 30.1.2002, p. 3.

(3) Under Article 1(2) of Protocol 3 the Association Council decides in particular on any amendment of the duties mentioned in the annexes to Protocol 3 and on the increase or abolition of tariff quotas.

(4) Under the second indent of Article 2(1) of that Protocol, the Association Council also decides that the duties applied may be reduced in response to reductions resulting from mutual concessions relating to processed agricultural products.

(5) The concessions granted by the European Union entered into force on 1 February 2003 in accordance with Council Regulation (EC) No 278/2003 [3] of 6 February adopting autonomous and transitional measures concerning the importing of certain processed agricultural products originating in Poland. The regulation should therefore be repealed as soon as the decision of the Association Council enters into force.

[3] OJ L 42, 6.2.2003, p. 1.

(6) 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] consolidated the procedures for managing the tariff quotas to be used in chronological order of the dates of the customs declarations.

[4] OJ L 253, 11.10.1993, p. 1. Most recently amended by Regulation (EC) No 444/2002 (OJ L 88, 12.3.2002, p. 11).

(7) It is necessary to decide on the position to be taken by the Community with regard to these decisions.

HAS DECIDED AS FOLLOWS:

Article 1

The position to be taken by the Community in the Association Council established by the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, concerning the improvement of Protocol 3 on the bilateral trade of processed agricultural products, shall be based on the Proposal for a Decision of the Association Council annexed to this Decision

Article 2

Council Regulation (EC) No 278/2003 shall be repealed on the date when the Decision of the Association Council annexed to this Decision becomes applicable.

The tariff quotas set out in Annex I, Table 1 of the Decision of the Association Council shall be managed by the Commission under Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

The quantities of products imported under the Regulation shall be counted against the quotas laid down for the same products under the Decision of the Association Council.

Done at Brussels, [...]

For the Council

The President

ANNEX

Proposal for an

EC-POLAND ASSOCIATION COUNCIL DECISION No... /2003 on the improvement of the trade arrangements for processed agricultural products provided for in Protocol 3 of the Europe Agreement

THE ASSOCIATION COUNCIL,

Having regard to 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, and in particular Article 1(2) and Article 2(1) of Protocol 3,

Whereas:

(1) Protocol 3, as amended by the Protocol adjusting trade aspects of the Europe Agreement [5] 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, lays down the trade arrangements for processed agricultural products between the Community and Poland.

[5] OJ L 27, 30.1.2002, p. 3.

(2) Under Article 1(2) of Protocol 3, the Association Council decides in particular on any amendment of the duties on processed agricultural products and on the increase or abolition of tariff quotas.

(3) Under the second indent of Article 2(1) of that Protocol, the Association Council also decides that the duties applied may be reduced as a result of mutual concessions relating to processed agricultural products.

(4) The annual quotas provided for in Annexes I and II to this Decision should be opened for the period 1 February to 31 December 2003 and 1 January to 31 December of the following years.

HAS DECIDED AS FOLLOWS:

Article 1

Annexes I and II to Protocol 3 on the trade in processed agricultural products between the Community and Poland are replaced by Annexes I and II to this Decision.

Article 2

This decision shall enter into force on the first day of the month following that of its adoption.

It will be applicable from 1 February 2003.

Done at Brussels, [...]

For the Association Council

The President

Annex I

Table 1: Annual quotas applicable to imports into the Community of goods originating in Poland

EAR: see table 4

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(1) The tariff quotas given in this column are valid for the period 1.02.2003 to 31.12.2003. For the following years they remain identical from 1 January to 31 December.

(2) Inclusion under this sub-heading is subject to the conditions set by the Community.

Table 2: Duties applicable upon import into the Community of goods originating in Poland

EA is the agricultural component calculated in accordance with Annex I of Council Reg. (EC) No 2658/87

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Table 3 : Schedule of reduction of duties applicable upon import into the Community of goods originating in Poland

This schedule does not prejudge the date of accession. The obligations of membership will, on accession, supersede this schedule.

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Table 4: Basic amounts taken into consideration in calculating the reduced agricultural components (EAR) and additional duties applicable on importation into the Community of goods listed in Table 1

Basic Product // Preferential rate on 1.2.2003 (EUR/100 kg)

//

Common wheat // 6.653

Durum wheat // 10.326

Rye // 6.483

Barley // 6.483

Maize // 6.577

Long-grain husked rice // 18.502

Skimmed-milk powder // 23.760

Whole-milk powder // 26.086

Butter // 37.912

White sugar // 29.350

Annex II

Table 1: Quotas applicable upon import into Poland of goods originating in the Community

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* In addition a fixed specific duty of 0.0012 EUR is levied per 1%(w/w) sucrose.

(1) The tariff quotas as given in the column are valid for the period 1.02.2003 to 31.12.2003. For the following years they remain identical from 1 January to 31 December.

Table 2- Duties applicable upon import into Poland of goods originating in the Community

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* In addition a fixed specific duty of 0.0017 EUR is levied per 1% (w/w) sucrose.

Table 3 : Schedule of reduction of duties applicable upon import into Poland of goods originating in the Community

This schedule does not prejudge the date of accession. The obligations of membership will, on accession, supersede this schedule.

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