PROPOSAL FOR A COUNCIL DECISION on the conclusion of an agreement, in the form of an exchange of letters, amending the Interim Agreement between the European Economic Community and European Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of the other part, and the Europe Agreement between the European Communities and their Member States, of the one part, and the Czech and Slovak Federal Republic, of the other part
Date: 1994-02-08
Institutions: European Commission
Subjects: import, market protection, quantitative restriction, third country

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

COM(94) 26  final 
Brussels, 08.02.1994 

PROPOSAL FOR A COUNCIL  DECISION 

on the conclusion of an agreement, in the form of an exchange of letters, amending the 
Interim Agreement between the European Economic Community and European Coal 
and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of 
the other part,  and the Europe Agreement between the European Communities and 
their Member States, of the one part, and the Czech and Slovak Federal Republic, of 
the other part. 

(presented  by  the  Commission) 

EXPLANATORY MEMORANDUM 

The attached draft proposal for a Council Decision is designed to give effect to a 

recommendation made, at its meeting in Bratislava on 21 October 1993,  by the Joint 

Committee established by the Agreement on Trade and Commercial and Economic Co 

operation signed between the European Economic Community and the European Atomic 

Energy Community and the Czech and Slovak Federal Republic on 7 May 1990. 

The recommendation envisages an exchange of letters to amend the Interim Agreement 

between the Community and the CSFR, and the Europe Agreement between the 

Community and the Member States of the one part and the CSFR of the other.  By this 

exchange of letters, the Community would introduce a new duty-free quota for the 

importation of live trout and carp originating in the Czech Republic.  The Czech Republic 

would introduce a duty-free quota for the importation of frozen mackerel originating in 

the Community. 

The attached text for exchanges of  letters between the Community and the Czech 

Republic has been examined within the Council's Eastern Europe Working Group,  and is 

acceptable both to the Czech authorities and to the Community, as evidenced by the fact 

that the letters were initialled by the Commission and the Czech authorities on 21/12/93. 

In order for the agreement, in the form of  an exchange of  letters, to come into force, a 

Decision of the Council is required.  The Commission therefore invites the Council to 

adopt the attached proposal for a Council Decision (EC),  giving effect to the draft 

exchanges of letters, which are annexed. 

PROPOSAL FOR A COUNCIL  DECISION 

on the conclusion of an agreement, In the form of an exchange of letters, amending the 
Interim Agreement between the European Economic Community and European Coal 
and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of 
the other part,  and the Europe Agreement between the European Communities and 
their Member States, of the one part, and the Czech and Slovak Federal Republic, 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 it is desirable to modify by exchanges of letters with the Czech Republic and 
Slovakia the Interim Agreement between the European Economic Community and 
European Coal and Steel Community, of the one part, and the Czech and Slovak 
Federal Republic, of the other part,  and the Europe Agreement between the European 
Communities and their Member States, of the one part, and the Czech and Slovak 
Federal Republic, of the other part, so as to provide for duty-free quotas for the 
importation into the Community of live trout and carp originating in the Czech Republic, 
and for the importation into the Czech Republic of frozen mackerel originating into the 
Community, 

HAS DECIDED AS FOLLOWS: 

article 1 

The agreements in the form of an exchange of letters between the European 
Community and the Czech Republic, amending Article 17 of the Interim Agreement 
between the European Economic Community and European Coal and Steel 
Community, of the one part, and the Czech and Slovak Federal Republic, of the other 
part,  and Article 24 of the Europe Agreement between the European Communities and 
their Member States, of the one part, and the Czech and Slovak Federal Republic, of 
the other part, and adding an Annex XVa and an Annex XVb to these agreements is 
hereby approved on behalf of the European Community. 

The texts of  the agreements are attached to this Decision. 

article 2 

The President of the Council is authorised to designate the person who will sign the 
agreement in order to bind the Community. 

Done at Brussels 

For the Council 
The President 

X 

EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY 
(HEREAFTER CALLED "THE COMMUNITY") AND THE 
CZECH REPUBLIC CONCERNING LIVE FRESH WATER FISH 

A. Letter from the community. 

I refer to 

the  Interim  Agreement  signed  between  the  European  Economic 
Community and the European Coal and Steel Community and the Czech 
and Slovak Federal Republic on 16 December  1991, as subsequently 
amended by the Supplementary Protocol signed between the European 
Community and the Czech Republic on 21 December 1993, and 
the Europe Agreement signed between the European Communities and 
their Member States of the one part and the Czech Republic of the 
other  part  on  4  October  1993  and,  in  particular,  the 
recommendation by the Joint Committee established by the Agreement 
on Trade  and commercial and Economic  cooperation  signed between 
the  European  Economic  community  and  the  European  Atomic  Energy 
Community and the Czech and Slovak Federal Republic on 7 May 1990 
made  during  its  meeting  of  21  October  1993  in  Bratislava  on 
certain types of live fresh water fish. 

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

(i)  Two  new  sentences  shall  be  added  after  the  first  sentence  to 
Article  17  of  the  Interim  Agreement  and  to  Article  24  of  the 
Europe Agreement as follows: 
"The fishery products originating in the Czech Republic listed in 
Annex  XVa  shall  benefit  from  1st January  to  31st  December  1994 
from the reduction of Community customs duties provided  in that 
Annex  within  the  limits  of  the  amounts  therein  contained.  The 
fishery products originating in the Community listed in Annex XVb 
shall benefit from 1st January 1994 to 31st December 1994 from the 
reduction of Czech Republic customs duties provided in that Annex 
within the limits of the amounts contained therein.  Both parties 
shall examine before 31st October 1994 the treatment to be applied 
to these concessions in subsequent periods." 

(ii) An Annex XVa and an Annex XVb in the form annexed to this exchange 
of  letters  shall  be  added  to  the  Interim Agreement  and  to  the 
Europe Agreement. 

I  should  be obliged  if you would  confirm  the  agreement  of  the Czech 
Republic to the amendments to the above  Interim Agreement and to the 
Europe Agreement. 

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

On behalf of the Community, 

&• 

3 

B. Letter from the Czach Republic 

Sir, 

I hava the honour to acknowledge receipt of your latter of today*a data 
which reads aa follows : 

"Dear Sir, 

I refer to 

the  Interim  Agreement  signed  between  the  European  Economic 
Community  and the European Coal and steel Community  and the Czech 
and  Slovak  Federal  Republic  on  16 December  1991,  aa  subsequently 
amended by  the supplementary  Protocol  signed between  the European 
Community and the Czech Republic on 21 December  1993, and 
the  Europe  Agreement  aigned  between  the  European  Communities  and 
their Member  States of the one part and the Czech Republic  of  the 
other part on 4 October  1993 and, in particular, 
the recommendation  by the Joint Committee established by the 
Agreement on Trade and Commercial and Economic Cooperation  aigned 
between the European Economic community  and the European Atomic 
Energy Community  and the Czech and Slovak Federal Republic on 7 
May  1990 made during its meeting of 21 October  1993 in Bratislava 
on certain types of live fresh water fish. 

I  hereby  would  like  to  confirm  that  the  Community  agrees  to  this 
recoinmendation  and  in  consequence  agrees  to  make  the  following 
amendments to the Interim Agreement and to the Europe Agreements 

(i)  Two  new  sentences  shall  be  added  after  the  first  sentence  to 
Article  17  of  the  Interim  Agreement  and  to  Article  24  of  the 
Europe Agreement as follows: 
"The fishery  products originating  in the Czech Republic  listed  in 
Annex  XVa  shall  benefit  from  1st  January  to  31st  December  1994 
from  the  reduction  of  Community  customs  duties  provided  in  that 
Annex  within  the  limits  of  the  amounts  therein  contained.  The 
fishery products originating  in the community  listed  in Annex  XVb 
shall benefit  from  1st January  1994 to 31st December  1994 from the 
reduction  of Czech  Republic customs  duties provided  in that Annex 
within  the  limits  of the amounts contained  therein.  Both  parties 
shall examine before 31st October 1994 the treatment to be applied 
to these concessions in subsequent periods." 

& 

/ t 

(ii) 

An  Annex  XVa  and  an  Annex  XVb  in  the  form  annexed  to  this 
exchange of letters  shall be added to the Interim Agreement  and 
to the Europe Agreement. 

I  should  be  obliged  if  you  would  confirm  the  agreement  of  the  Czech 
Republic  to  the  above  amendments  to  the  Interim  Agreement  and  to  the 
Europe Agreement. 

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

I  have  the  honour  to  confirm  that  my  government  is  in  agreement  with 
the  content  of  your  letter.  Please  accept,  Sir,  the  assurance  of  my 
highest  consideration. 

For the government  of the 

Czech Republic. 

& 

ANNEX XVa 

Duties on certain fiah imported into the 
Community originating in the Czech Republic 

CN code 

Description 

Duty % 

Annual 
quantity 

0301 91 00 

0301 93 00 

Trout (Salmo trutta, 
Oncorhynchus mykiss, 
Oncorhynchus clarki, 
Oncorhynchus aguabonita, 
oncorhynchus gilae), live 
Carp, live 

1) 

0 % 

50 t 

1) 

0 % 

850 t 

( 1)  Subject to compliance with the reference price 

ANNEX XVb 

Duties on certain frozen fish imported into the 
Czech Republic originating in the Community 

CN code 

Description 

Duty % 

Annual 
quantity 

0303 74 11 

0303 74 19 

Mackerel of the species  ) 
) 
Scomber scombrus and 
) 
Scomber japonicus, frozen ) 

0 % 

4,000 t 

$-

& 

'/A 

ISSN 0254-1475 

COM (94) 26 final 

DOCUMENTS 

EN 

il  02 

Catalogue number : CB-CO-94-033-EN-C 

ISBN 92-77-64767-1 

Office for Official Publications of the European Communities 

L-2985 Luxembourg