1999/86/EC: Council Decision of 18 May 1998 on the conclusion of a Protocol adjusting trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Estonia, of the other part, to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements
Date: 1998-05-18
Institutions: Council of the European Union
Subjects: Estonia, association agreement (EU), enlargement of the Union, protocol to an agreement, tariff preference, trade agreement (EU)

3. 2. 1999

EN

Official Journal of the European Communities

L 29/9

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 18 May 1998

on the conclusion of a Protocol adjusting trade aspects of the Europe Agreement
establishing an association between the European Communities and their
Member States, of the one part, and the Republic of Estonia, of the other part, to
take account of the accession of the Republic of Austria, the Republic of Finland
and the Kingdom of Sweden to the European Union and the outcome of the
Uruguay Round negotiations on agriculture, including improvements to the
existing preferential arrangements

(1999/86/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 113, in conjunction
with the first sentence of Article 228(2) thereof,

Having regard to the proposal from the Commission,

Whereas the Protocol adjusting trade aspects of
the
Europe Agreement establishing an association between
the European Communities and their Member States, of
the one part, and the Republic of Estonia, of the other
part, should be approved with a view to taking account of
the accession of the Republic of Austria, of the Republic
of Finland and of the Kingdom of Sweden to the Euro-
pean Union and the outcome of the Uruguay Round
negotiations on agriculture, including improvements to
the existing preferential arrangements;

Whereas the Commission should be authorised to take
measures to implement the Protocol, notably with regard
to basic and processed agricultural products;

Whereas by Regulations (EC) No 1926/96 (1),
(EC) No
921/96 (2) and (EC) No 340/97 (3) the Community brought
forward implementation of the measures contained in the
Protocol relating to basic agricultural products, processed
agricultural products and fishery products, respectively;
whereas, therefore, appropriate measures should be taken
to ensure a smooth transition between the preferential

(1) OJ L 254, 8. 10. 1996, p. 1.
(2) OJ L 126, 24. 5. 1996, p. 1.
(3) OJ L 58, 27. 2. 1997, p. 25.

arrangements applied under those Regulations and those
provided for by the Protocol,

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol adjusting trade aspects of the Europe Agree-
ment establishing an association between the European
Communities and their Member States, of the one part,
and the Republic of Estonia, of the other part, to take
account of the accession of the Republic of Austria, the
Republic of Finland and the Kingdom of Sweden to the
European Union and the outcome of the Uruguay Round
negotiations on agriculture, including improvements to
the
hereinafter
referred to as ‘the Protocol', is hereby approved on behalf
of the Community.

arrangements,

preferential

existing

The text of the Protocol is attached to this Decision.

Article 2

1. Detailed rules for the application of this Decision
shall be adopted by the Commission according to the
procedure provided for in Article 23 of Regulation (EEC)
No 1766/92 (4), or, where appropriate,
in the relevant
the other Regulations on the common
provisions of

(4) OJ L 181, 1. 7. 1992, p. 21. Regulation as last amended by
Regulation (EC) No 923/96 (OJ L 126, 24. 5. 1996, p. 37).

L 29/10

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Official Journal of the European Communities

3. 2. 1999

The Commission shall adopt the measures, which apply
immediately. However,
in
accordance with the opinion of the Committee, they shall
be communicated by the Commission to the Council
forthwith. In that event:

these measures are not

if

— the Commission may defer application of the meas-
ures which it has decided for a period of not more
than three months from the date of such communi-
cation,

— the Council, acting by qualified majority, may take a
different decision within the period referred to in the
first indent.

The Committee may

any question
3.
concerning the application of tariff quotas and tariff ceil-
ings, which is raised by its chair either at the latter’s
initiative or at the request of a Member State.

examine

the
As soon as the tariff ceilings are reached,
4.
Commission may adopt a regulation re-establishing, until
the end of the calendar year, the customs duties applic-
able to third countries.

Article 4

The president of the Council shall, on behalf of the
Community, give the notification provided for in Article
6 of the protocol.

Done at Brussels, 18 May 1998.

For the Council

The President

C. SHORT

organisation of the market or of Regulation (EC) No
3448/93 (1) or of Regulation (EC) No 2178/95 (2).

2.
Upon this Decision taking effect, the regulations
adopted by the Commission pursuant to Article 5 of
Regulation (EC) No 1926/96, implementing the conces-
sions relating to products covered by the Protocol, shall
be deemed to be governed by paragraph 1.

Article 3

1.
Provisions for the application of tariff quotas and
tariff ceilings provided for in the new Annexes to the
Europe Agreement, including amendments and technical
adaptations made necessary by amendments
to the
combined nomenclature and Taric codes, or arising from
the conclusion by the Council of agreements, protocols or
exchanges of letters between the Community and Estonia,
shall be adopted by the Commission, assisted by the
Customs Code Committee set up by Article 247 of Regu-
lation (EEC) No 2913/92 (3), according to the procedure
set out in paragraph 2 of this Article.

2.
The representative of the Commission shall submit
to the Committee a draft of the measures to be taken. The
Committee shall deliver its opinion on the draft within a
time limit which the Chair may lay down according to
the urgency or the matter. The opinion shall be delivered
by the majority laid down in Article 148(2) of the Treaty
in the case of decisions which the Council is required to
adopt on a proposal from the Commission. The votes of
the Member States within the
the representatives of
Committee shall be weighted in the manner set out in
that Article. The Chair shall not vote.

(1) OJ L 318, 20. 12. 1993, p. 18.
(2) OJ L 223, 20. 9. 1995, p. 1.
(3) OJ L 302, 14. 10. 1992, p. 1.