98/677/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 Lithuania, 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: Lithuania, agro-industry, association agreement (EU), customs duties, tariff quota, textile product

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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 Lithuania, 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

(98/677/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 Lithuania, of the other
part,  should  be  approved  with  a  view  to  taking  account
of  the  accession  of  the  Republic  of  Austria,  the  Republic
of  Finland  and  the  Kingdom  of  Sweden  to  the  European
Union  and 
the  Uruguay  Round
negotiations  on  agriculture,  including  improvements  to
the  existing  preferential  arrangements;

the  outcome  of 

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

(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.

forward 

implementation  of 

brought 
the  measures
contained  in  the  Protocol  relating  to  basic  agricultural
products,  processed 
textile
products  and  fishery  products,  respectively;  whereas,
therefore,  appropriate  measures  should  be  taken  to
ensure  a  smooth  transition  between  the  preferential
arrangements  applied  under  those  Regulations  and  those
provided  for  by  the  Protocol,

agricultural  products, 

HAS  DECIDED  AS  FOLLOWS:

Article  1

The  Protocol  adjusting  trade  aspects  of  the  Europe
the
Agreement  establishing  an  association  between 
European  Communities  and  their  Member  States,  of  the
one  part,  and  the  Republic  of  Lithuania,  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,
hereinafter  referred  to  as 
is  hereby
approved  on  behalf  of  the  Community.

‘the  Protocol’, 

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

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procedure provided for in Article 23 of Regulation (EEC)
No  1766/92 (1)  or,  where  appropriate,  in  the  relevant
provisions  of  the  other  Regulations  on  the  common
organisation  of  the  market  or  of  Regulation  (EC)
No  3448/93 (2)  or  of  Regulation  (EC)  No  2178/95 (3).

The  Commission  shall  adopt  the  measures,  which  apply
immediately.  However,  if  these  measures  are  not  in
accordance with the opinion of the Committee, they shall
be  communicated  by  the  Commission  to  the  Council
forthwith.  In  that  event:

— the  Commission  may  defer  application  of 

the
measures  which  it  has  decided  for  a  period  of  not
more  than  three  months  from  the  date  of  such
communication,

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

3.
The  Committee  may  examine  any  question
concerning  the  application  of  tariff  quotas  and  tariff
ceilings,  which  is  raised  by  its  chair  either  at  the  latter’s
initiative  or  at  the  request  of  a  Member  State.

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

Article  4

The  President  of  the  Council  shall,  on  behalf  of  the
Community,  give 
in
Article  7  of  the  Protocol.

the  notification  provided 

for 

Done  at  Brussels,  18  May  1998.

For  the  Council

The  President

C.  SHORT

2.
Upon  this  Decision  taking  effect,  the  Regulations
adopted  by  the  Commission  pursuant  to  Article  5  of
Regulation 
the
concessions relating  to products  covered  by the  Protocol,
shall  be  deemed  to  be  governed  by  paragraph  1.

(EC)  No  1926/96, 

implementing 

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  Lithuania,  shall  be  adopted  by  the  Commission,
assisted  by  the  Customs  Code  Committee  set  up  by
(EEC)  No  2913/92 (4),
Article  247  of  Regulation 
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 of 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  representatives  of  the  Member  States
within the Committee shall be weighted in the manner set
out  in  that  Article.  The  chair  shall  not  vote.

(1) 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).

(2) OJ  L  318,  20.12.1993,  p.  18.
(3) OJ  L  223,  20.9.1995,  p.  1.
(4) OJ  L  302,  14.10.1992,  p.  1.