Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters concerning fishery products, amending the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part (presented by the Commission)EXPLANATORY MEMORANDUM

Under the terms of Article 21 (5) and Article 24 of the Europe Agreement between the European Community and Bulgaria, provision is made for the negotiations of reciprocal tariff concessions in the fisheries sector.

In September 1998, the Council approved the negotiating mandate for the Commission to undertake negotiations with Bulgaria to conclude reciprocal tariff concessions in the fisheries sector. As a result, negotiations were held in October and December to finalise these bilateral concessions.

The negotiations were undertaken on the basis of non-papers developed following discussion with the Member States in the Central and Eastern European Countries Working Group of the Council. In the course of the negotiations with Bulgaria, some minor changes were introduced into the respective concessions offered. These changes were incorporated, where possible, to take into account Member States concerns.

The Commission services are of the opinion that the results of the negotiations represent a balanced and acceptable outcome to the negotiations, where the Community is a net beneficiary from the negotiations.

Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters concerning fishery products, amending the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part,

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Whereas it is desirable to amend by means of an Agreement in the form of an exchange of letters with the Republic of Bulgaria the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part [1], so as to provide for preferential conditions for the importation into the Community of various fish and fishery products originating in the Republic of Bulgaria, and into the Republic of Bulgaria of various fish and fishery products originating in the Community.

[1] OJ L 358 of 31.12.1994, p. 1.

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an exchange of letters between the European Communities and the Republic of Bulgaria, concerning fishery products, amending Article 24 of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part and introducing into the same Agreement a new Protocol laying down the trade arrangements for certain fish and fishery products, is hereby approved on behalf of the European Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is authorised to designate the person empowered to sign the Agreement in order to bind the Community.

Done at Brussels,

For the Council

The President

ANNEX

AGREEMENT In the form of an exchange of letters between the European Community and the Republic of Bulgaria concerning fishery products

A. Letter from the Community

Sir,

I refer to the Europe Agreement signed between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, on 8 March 1993 [and, in particular, the recommendation by the Joint Committee made during its meeting of in ] on the importation of various fish and fishery products.

I hereby would like to confirm that the Community [agrees to this recommendation and in consequence] makes the following amendments to the Europe Agreement :

(i) A new sentence shall be added to Article 24 of the Europe Agreement as follows :

«Protocol (number) lays down the trade arrangements for certain fish and fishery products, listed in the annexes to that Protocol»

(ii) A Protocol laying down the trade arrangements for certain fish and fishery products between the European Community and the Republic of Bulgaria, with annexes, shall be added to the Europe Agreement.

I would be grateful if you would confirm the agreement of the Government of the Republic of Bulgaria to the above amendments to the Europe Agreement.

Please accept, Sir, the assurance of my highest consideration

For the European Community

B. Letter from Bulgaria

Sir,

I have the honour to acknowledge receipt of your letter of today worded as follows :

«I refer to the Europe Agreement signed between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, on 8 March 1993 [and, in particular, the recommendation by the Joint Committee made during its meeting of . in ] on the importation of various fish and fishery products.

I hereby would like to confirm that the Community [agrees to this recommendation and in consequence] makes the following amendments to the Europe Agreement :

(i) A new sentence shall be added to Article 24 of the Europe Agreement as follows :

«Protocol (number) lays down the trade arrangements for certain fish and fishery products, listed in the annexes to that Protocol»

(ii) A Protocol laying down the trade arrangements for certain fish and fishery products between the European Community and the Republic of Bulgaria, with annexes, shall be added to the Europe Agreement

I would be grateful if you would confirm the agreement of the Government of the Republic of Bulgaria to the above amendments to the Europe Agreement.»

I have the honour to confirm the agreement of my Government with the contents of your letter and to the date proposed for the entry into force of the amendments.

Please accept, Sir, the assurance of my highest consideration

For the Government of the Republic of Bulgaria

PROTOCOL [ ] Laying down the trade arrangement for certain fish and fishery products between the European Community and the Republic of Bulgaria

Article 1

The Community shall grant the tariff concessions referred to in Annex I for fish and fishery products, originating in Bulgaria, within the stated quantitative limits.

Article 2

Bulgaria shall grant the tariff concessions referred to in Annex II for fish and fishery products, originating in the European Community, within the stated quantitative limits.

Article 3

Taking into account the patterns of trade in fisheries products between the Parties, the particular sensitivity of such products and the possibility of market expansion, the Community and Bulgaria will examine on a regular basis, or on the request of one of the Parties, in the Association Council, product by product and on a reciprocal basis, the possibilities of granting each other further concessions.

Article 4

The tariff concessions referred to in Annexes I and II shall enter into force from [ ].

ANNEX I

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

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ANNEX II

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

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