Proposal for a COUNCIL REGULATION adopting autonomous and transitional measures concerning the importation of certain processed agricultural products originating in Poland and Bulgaria

(presented by the Commission)

EXPLANATORY MEMORANDUM

Unlike the Adaptation Protocols with other CEEC countries, the initialled Protocols adapting the Europe Agreements with Poland and Bulgaria have yet to enter into force. Given the current progress of the procedures for formally adopting the Protocols with Poland and Bulgaria, the latter are unlikely to be in application on 1 January 2000.

The purpose of this proposal is therefore to extend until the end of the year 2000 the autonomous measures which the European Union is applying in respect of imports of processed agricultural products originating in Poland and Bulgaria.

The granted concessions, subject to reciprocal arrangements on the part of the two parties, will continue to be applied on an autonomous basis should the Adaptation Protocol not have entered into force on 1 January 2000.

Should the Protocol concluded with either of the countries enter into force during the year 2000, the concessions provided for therein will replace the measures laid down in the annexes to the proposal for a Regulation as from the date of application of the Adaptation Protocol.

Proposal for a

COUNCIL REGULATION

adopting autonomous and transitional measures concerning the importation of certain processed agricultural products originating in Poland and Bulgaria

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) Council Regulation (EC) No 27/1999 [1] was adopted pending the entry into force of the Adaptation Protocols, and in particular the part concerning the respective Protocol 3, of the Europe Agreements concluded with countries of Central and Eastern Europe.

[1] Council Regulation (EC) No 27/1999 of 21 December 1998 adopting autonomous and transitional measures for Europe Agreements with Poland, Hungary, Slovakia, the Czech Republic, Romania and Bulgaria in certain processed agricultural products (OJ L 5, 9.1.1999, p.7).

(2) The procedures for formal adoption of the Adaptation Protocols adjusting the trade aspects of the Europe Agreements with Poland and Bulgaria may not be completed in time for them to enter into force on 1 January 2000. It is therefore necessary to provide for the extension of the concessions made to Poland and Bulgaria on an autonomous basis until 31 December 2000.

(3) Since the measures provided for in the event of suspension 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 the management procedure laid down in Article 4 of that Decision.

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

(4) 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 [3] consolidated the arrangements for managing tariff quotas, which are to be used in the chronological order of the dates of acceptance of the declarations for release for free circulation,

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

HAS ADOPTED THIS REGULATION:

Article 1

From 1 January to 31 December 2000 the goods originating in Poland and Bulgaria listed respectively in Annexes I and II to this Regulation shall be granted concessions under the conditions indicated in those Annexes. The basic amounts to be taken into consideration in calculating the reduced agricultural components and additional duties applicable to imports into the Community from these countries are shown in Table 3 in the respective annexes.

Article 2

If Poland or Bulgaria discontinues the application of the reciprocal measures in favour of the Community, the Commission may, in accordance with the procedure laid down in Article 3 of this Regulation, suspend application of the measures provided for in Article 1.

Article 3

The Commission shall be assisted by the Committee referred to in Article 15 of Council Regulation (EC) No 3448/93. [4] Where reference is made to this Article, the management procedure laid down in Article 4 of Decision 1999/468/EC shall be applied. The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month.

[4] OJ L 318, 20.12.1993, p. 18. Regulation last amended by Regulation (EC) No 2491/1998 (OJ L 309, 19.11.1998, p. 28).

Article 4

1. The concessions applying to trade in processed agricultural products provided for in the Adaptation Protocols concluded with the countries referred to in Article 1 shall replace the concessions provided for in the respective annexes to this Regulation:

a) as from 1 January 2000, if the Adaptation Protocol is in force on that date, or

b) as from the date of entry into force of the Adaptation Protocol, if the latter enters into force after 1 January 2000.

2. The detailed rules implementing the measures provided for in this Regulation shall also apply in respect of the corresponding measures provided for in the respective Adaptation Protocols.

Article 5

The quotas referred to in Table 1 in the Annexes to this Regulation shall be managed by the Commission in accordance with the provisions of Articles 308a to 308c of Regulation (EEC) No 2454/93.

Article 6

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Communities.

It shall apply as from 1 January 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 I

>TABLE>

>TABLE>

ANNEX II

>TABLE>

>TABLE>

>TABLE>

>TABLE>