Proposal for a COUNCIL DECISION concluding an Agreement in the form of an exchange of letters amending Annex IVb to the Interim Agreement between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, of the other part, on trade and trade-related matters and to the Europe Agreement between the European Community and their Member States, of the one part, and the Republic of Poland, of the other part
Date: 1994-01-20
Institutions: European Commission
Subjects: ECSC, Poland, agreement (EU), motor car, trade agreement (EU), trading operation

COMMISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0M(94) 5 final 

Brussels, 20 January 1994 

Proposal  for a 

COUNCIL DECISION 

concluding  an Agreement  in the form  of  an •»!.««».  „*  i  +*. 
Annex  ivb  to the interim  Agreemen^ve^»  S -T 
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of  Poland,  of  the other  part  on  t ^£  Si  I  ¥"  ™  p a r t'  a nd  t he  ^public 
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the  on part,  and  the Republic  of  S l a n H^  o t f ef pa^t 

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(presented by the Commission) 

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EXPLANATORY  MEMORANDUM 

Points 2 and 3 in Annex IVb to the EC-Poland  Interim Agreement and Europe 
Agreement establish  an annual zero-duty tariff quota for Polish imports of 
certain motor vehicles originating  in the Community.  A small percentage of 
the quota is for cars fitted with catalysers. 

The Polish Mission has proposed to the commission, by Note Verbale dated 
17 September, that Annex IVb should be amended to allow the entire zero-duty 
tariff quota provided  for in points 2 and 3 to apply to cars fitted with 
such equipment from  1994 onwards. 

Having studied the proposal with the Polish authorities  and the Working 
Party on Eastern Europe the Commission has arrived  at a solution 
satisfactory  to both parties, which  is incorporated  in the draft exchange of 
letters and Community declaration herewith. 

The Commission initialled these documents on 15.12.1993. 

It accordingly  invites the Council to adopt the annexed proposal for a 
decision. 

PROPOSAL FOR A COUNCIL DECISION 

concluding  an Agreement in the form of an exchange of letters amending 
Annex IVb to the Interim Agreement between the European Economic Concur, ' v 
and the European Coal and Steel Community, of the one part, and the Repubii 
of Poland, of the other part, on trade and trade-related matters and to ^.h-
Europe Agreement between the European Community  and their Member States, of 
the on part, and the Republic of Poland, of the other part 

THE COUNCIL OF THE EUROPEAN UNION 

Having regard to the Treaty establishing the European Community, and in 
particular Article  113 thereof, 

Having regard to the proposal from the Commission, 

Whereas Annex IVb to the Interim Agreement and the Europe Agreement is to be 
amended at the Polish authorities' request by the conclusion of an Agreement 
in the form of an exchange of letters, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The Agreement in the form of an exchange of letters amending Annex IVb to 
the Interim Agreement between the European Economic Community  and the 
European Coal and Steel Community, of the one part, and the Republic of 
Poland, of the other part, on trade and trade-related matters and to the 
Europe Agreement between the European Communities and their Member States, 
of the one part, and the Republic of Poland, of the other part, is hereby 
approved on behalf of the European Community. 

The text of the Agreement and a declaration by the Community  are attached to 
this Decision. 

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

Article 2 

Done at Brussels, 

For the Council 

The President 

V 

Agreement  in the form of an exchange of  letters 
between the European Community and the Republic of Poland 
concerning Annex IVb to the Interim Agreement and 
the Europe Agreement signed  in Brussels on  16 December  1991 

1.  Letter from the Community 

Sir, 

The European Community and the Republic of Poland have agreed that points 2 
and 3 of Annex IVb to the Interim Agreement and the Europe Agreement should 
be amended as follows : 

2. The products originating  in the Community  listed below shall benefit from 
a suspension of customs duties on imports within the limit of an annual 
preferential tariff quota for 25 000 car opened on  1 January 1994: 

8703 21 10 
8703 22 19 
8703 23 19 
8703 24 10 
8703 31 10 
8703 32 19 
8703 33 19 
8703 90 90 

3. The products originating in the Community  listed below shall benefit from 
a suspension of customs duties on imports within the limit of an annual 
preferential tariff quota for 8 500 cars opened on  1 January 1994, 
increasing at a rate of  1 750 vehicles per year starting from 
1 January 1995: 

s 

ex 8703 21 10  (*) 
ex 8703 22 19  (*) 
ex 8703 23 19  (*) 
ex 8703 24 10  (*) 
ex 8703 31 10 (*) 
ex 8703 32 19  (*) 
ex 8703 33 19  (*) 
ex 8703 90 90  (*) 

(*)  Fitted with catalytic equipment. 

3a.  If the annual preferential tariff quota referred to in point 3 is 

exhausted within a given year, the products listed in the said point 3 
may benefit from the annual preferential tariff quota referred to in 
point 2 for the same year. 

3b.  Import papers for the vehicles referred to in point 2 shall be issued 
in such a way that vehicles which would qualify  for the point 3 quota 
as well receive  identical treatment. 

3c.  It is confirmed that diesel vehicles will qualify  for the same 

treatment as the other vehicles referred to under the quotas in point 2 
and 3. 

This Agreement in the form of an exchange of letters shall be approved by 
the contracting Parties in accordance with their respective procedures.  It 
will enter into force when Poland notifies completion of the necessary 
domestic procedure.  The amendments  for which it provides will be applicable 
from  1 January  1994 and may if necessary be applied provisionally  from that 
date pending the entry into force of this Agreement. 

I should be obliged  if you would confirm that the Republic of Poland is in 
agreement with the above. 

Please accept, Sir, the assurance of my highest consideration. 

On behalf of the Community 

c 

B.  Letter  from the Republic of Poland 

Sir, 

I have the honour to acknowledge receipt of your letter of today's date, 
which reads as follows : 

"The European Community  and the Republic of Poland have agreed that points 2 
and 3 of Annex IVb to the Interim Agreement and the Europe Agreement should 
be amended as follows: 

2. The products originating  in the Community  listed below shall benefit from 
a suspension of customs duties on imports within the limit of an annual 
preferential tariff quota for 25 000 car opened on  1 January 1994: 

8703 21 10 
8703 22 19 
8703 23 19 
8703 24 10 
8703 31 10 
8703 32 19 
8703 33 19 
8703 90 90 

3. The products originating  in the Community listed below shall benefit from 
a suspension of customs duties on imports within the limit of an annual 
preferential tariff quota for 8 500 cars opened on  1 January 1994, 
increasing at a rate of  1 750 vehicles per year starting  from 
1 January 1995: 

ex 8703 21 10 
ex 8703 22 19 
ex 8703 23 19 
ex 8703 24 10 
ex 8703 31 10 
ex 8703 32 19 
ex 8703 33 19 
ex 8703 90 90 

*) 
*) 
*) 
*) 
*) 
*) 
*) 
*) 

(*) Fitted with catalytic equipment. 

3a.  If the annual preferential tariff quota referred to in point 3 is 

exhausted within a given year, the products listed in the said point 3 
may benefit from the annual preferential tariff quota referred to in 
point 2 for the same year. 

3b.  Import papers for the vehicles referred to in point 2 shall be issued 
in such a way that vehicles which would qualify for the point 3 quota 
as well receive identical treatment. 

3c.  It is confirmed that diesel vehicles will qualify for the same 

treatment as the other vehicles referred to under the quotas in point 2 
and 3. 

This Agreement in the form of an exchange of letters shall be approved by 
the Contracting Parties in accordance with their respective procedures.  It 
will enter into force when Poland notifies completion of the necessary 
domestic procedure.  The amendments for which it provides will be applicable 
from 1 January 1994 and may if necessary be applied provisionally from that 
date pending the entry into force of this Agreement. 

I should be obliged if you would confirm that the Republic of Poland is in 
agreement with the above. 

Please accept, sir, the assurance of my highest consideration." 

I have the honour to confirm that the Republic of Poland is in agreement 
with the contents of your letter. 

Please accept, Sir, the assurance of my highest consideration. 

On behalf of the Republic of Poland 

•g 

DECLARATION BY THE COMMUNITY 

The Community confirms that it cannot undertake to ensure that all the 
vehicles it exports under these quotas will comply with Community 
anti-pollution  standards in force for the year in question unless and until 
Poland applies similar rules for the vehicles' entry  into service. 

ISSN 0254-!475 

COM(94) 5 final 

DOCUMENTS 

EN 

1102 

Catalogue number : CB-CO-94-005-EN-C 

ISBN 92-77-64182-7 

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