Proposal for a COUNCIL REGULATION renewing for 2001 the measures laid down in Regulation (EC) No 1416/95 establishing certain concessions in the form of Community tariff quotas in 1995 for certain processed agricultural products originating in Norway

(presented by the Commission)

EXPLANATORY MEMORANDUM

Pursuant to Articles 76, 102 and 128 of the Act of Accession, Austria, Finland and Sweden had to apply, with effect from 1 January 1995, the provisions of the preferential agreements concluded by the Community with certain third countries (Switzerland and Norway), it being understood that all the amendments required as a result of enlargement would be the subject of additional protocols to be negotiated with the countries in question.

However, the above Articles stipulate that if the protocols had not been concluded by 1 January 1995 the Community must take the necessary steps to regulate the situation.

It is essential, therefore, to take autonomous transitional measures so as to take account of the trade arrangements for processed agricultural products which existed between the new Member States and the third countries in question.

These autonomous measures were implemented under Council Regulation (EC) No 1416/95 [1] and have been renewed each year since 1995.

[1] OJ L 141, 24.6.1995, p. 1.

The autonomous measures foreseen in annex I of Regulation 1416/95 concerning Switzerland have been taken up in the framework of an agreement in the form of an exchange of letters between the Community and Switzerland amending Protocol 2 [2].

[2] OJ L 76, 25.3.2000, p. 11.

Since there has been no progress concerning the conclusion of a Protocol with Norway, the aforementioned Regulation should be renewed for the year 2001 as far as this country is concerned.

However, such measures will only be adopted on the express condition that the third country concerned takes equivalent reciprocal autonomous measures in favour of the European Community.

2001/0001 (ACC)

Proposal for a COUNCIL REGULATION renewing for 2001 the measures laid down in Regulation (EC) No 1416/95 establishing certain concessions in the form of Community tariff quotas in 1995 for certain processed agricultural products originating in Norway

(Text with EEA relevance)

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 1416/95 of 19 June 1995 establishing certain concessions in the form of Community tariff quotas in 1995 for certain processed agricultural products [3] opened tariff quotas for 1995 in favour of Norway in accordance with the conditions set out in Annex II thereto.

[3] OJ L 141, 24.6.1995, p. 1.

(2) Regulation (EC) No 1416/95 was renewed for 1996, 1997, 1998, 1999 and 2000 by Regulations (EC) No 102/96, [4] No 306/97 [5], No 560/98 [6], No 2847/98 [7] and No 215/2000 [8] respectively.

[4] OJ L 19, 25.1.1996, p. 1.

[5] OJ L 51, 21.2.1997, p. 8.

[6] OJ L 76, 13.3.1998, p. 1.

[7] OJ L 358, 31.12.1998, p. 14.

[8] OJ L 24 of 29.1.2000, p. 9.

(3) It was not possible to conclude additional Protocols before 1 January 2001. In these circumstances and pursuant to Articles 76, 102 and 128 of the Act of Accession, the Community must adopt the measures required to remedy the situation. Therefore, it is necessary to renew the measures provided for in Regulation (EC) No 1416/95 for 2001.

(4) The measures necessary for the suspension of this Regulation should be adopted in accordance with 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 [9].

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

(5) 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 [10] consolidated the arrangements for managing the tariff quotas to be used in chronological order of the dates of acceptance of the declarations for release for free circulation,

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

HAS ADOPTED THIS REGULATION:

Article 1

1. The measures provided for in Article 1 (2) of Regulation (EC) No 1416/95 shall be renewed to cover 2001.

Annex II to Regulation (EC) No 1416/95 shall be replaced by the Annex to this Regulation.

2. If Norway discontinues the application of the reciprocal measures in favour of the Community, the Commission may, in accordance with the procedure laid down in Article 2 (2) of this Regulation, suspend application of the measures provided for in paragraph 1.

Article 2

1. The Commission shall be assisted by the Committee referred to in Article 15 of Council Regulation (EC) No 3448/93 [11] (hereinafter referred to as « the Committee »).

[11] OJ L 318, 20.12.1993, p. 18. Regulation last amended by Regulation (EC) No 2491/98 (OJ L 309, 19.11.1998, p. 28).

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.

3. The Committee shall adopt its rules of procedure.

Article 3

The Community tariff quotas referred to in Annex II to Regulation (EC) No 1416/95 shall be administered in accordance with Articles 308a to 308c of Regulation (EEC) No 2454/93.

Article 4

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

It shall apply with effect 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 PREFERENTIAL TARIFF QUOTAS OPENED FOR 2001 NORWAY

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