Proposal for a COUNCIL REGULATION concerning the management of Community tariff quotas for certain live fish and fishery products originating in Bulgaria

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. With effect from 1 January 2000 the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, will be supplemented retroactively by an agreement in the form of an exchange of letters concerning certain fishery products. It is therefore appropriate to implement the necessary legislation in order to ensure that the provisions of the agreement can be applied as soon as the agreement concerning certain fishery products is signed by both parties.

2. It is also foreseen that measures necessary for the implementation of this Regulation can be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission.

2000/0244 (ACC)

Proposal for a COUNCIL REGULATION concerning the management of Community tariff quotas for certain live fish and fishery products originating in 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) With effect from 1 January 2000 the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, will be supplemented retroactively by an agreement in the form of an exchange of letters concerning certain fishery products [1]; it is therefore appropriate to implement the necessary legislation in order to ensure that the provisions of the agreement can be applied as soon as the agreement concerning fishery products is signed by both parties.

[1] See page of this Official Journal.

(2) Amendments to the Combined Nomenclature and Taric codes, including the publication of a consolidated version of the annex to this Regulation, do not involve changes of substance.

(3) In order to simplify the implementation of necessary amendments and technical adaptations of the Annex to this Regulation, provisions have to be made to allow the Commission, assisted by the Customs Code Committee, to make the necessary amendments and technical adaptations.

(4) 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 [2], they should be adopted by use of the management procedure provided for in Article 4 of that Decision.

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

(5) Tariff quotas should be managed on a first-come first-served basis in accordance with Articles 308a to 308c of Commission Regulation (EEC) No 2454/93 of 2 July 1993 [3] laying down provisions for the implementation of Regulation (EEC) No 2913/92 establishing the Community Customs Code [4].

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

[4] OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 955/1999 of the European Parliament and of the Council, OJ L 119, 7.5.1999, p.1.

HAS ADOPTED THIS REGULATION:

Article 1

The customs duties on the products listed in the Annex to this Regulation originating in Bulgaria shall be reduced, in accordance with the Europe Agreement with this country, to the levels provided for in the Annex from 1 January to 31 December of each year.

Article 2

These tariff quotas shall be administered by the Commission in accordance with Articles 308a to 308c of Regulation (EEC) No 2454/93.

Article 3

1. Amendments and technical adaptations of the Annex to this regulation made necessary by amendments to the Combined Nomenclature and Taric codes, including the publication of a consolidated version of the annex, shall be adopted by the Commission, assisted by the Customs Code Committee, in accordance with the procedure set out in paragraphs 3 to 5 of this Article.

2. The Committee may examine any question concerning the application of tariff quotas which is raised by its chairman either at the latter's initiative or at the request of a Member State.

3. The Commission shall be assisted by the Customs Code Committee instituted by Article 247 of Regulation (EEC) No 2913/92, composed of representatives of the Member States and chaired by the representative of the Commission.

4. 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.

5. The period provided for in Article 4(3) of Decision 1999/468/EC shall be three months.

Article 4

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

It will be applicable as of the date of entry into force of the Agreement in the form of an Exchange of letters between the European Community and the Republic of Bulgaria.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

ANNEX

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