Proposal for a Council Decision on the conclusion of the Additional Protocol to the Interim Agreement on trade and trade-related matters between the European Community, The European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Slovenia, of the other part, and to the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Slovenia, of the other part
Date: 1998-06-12
Institutions: European Commission
Subjects: Slovenia, interim agreement (EU), originating product, trade policy, vegetable

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 12.06.1998 
COM(1998) 365  final 

98/0207 (ACC) 

Proposal for a Council Decision 

on the conclusion of the Additional Protocol to the Interim Agreement on trade 
and trade-related matters between the European Community, the European Coal 
and Steel Community and the European Atomic Energy Community, of the one 
part, and the Republic of Slovenia, of the other part, and to the Europe Agreement 
between the European Communities and their Member States, of the one part, and 
the Republic of Slovenia, of the other part 

(presented by the Commission) 

VI/4354/98 Rev. 1-EN 

EXPLANATORY  MEMORANDUM 

1. 

2. 

3. 

The  European  Community  concluded  an  Association  Agreement  (Europe 
Agreement) with Slovenia, which was signed on  10 June 1996. 
Pending its entry  into force  upon  ratification  by all Parties concerned,  provisions 
of  the  Europe  Agreement  on  trade  and  trade-related  matters  were  implemented 
by an  Interim  Agreement,  which was  signed  on  ÎÎ  November  1996 and  entered 
into force on  1  January  1997. 

Negotiations  for  the  conclusion  of a Europe  Agreement  with  Slovenia  aimed, in 
the  agricultural  field,  at  consolidating  the  preferential  situation  for  agricultural 
products  enjoyed  by  Slovenia  within  the  framework  of  the  Co-operation 
Agreement with Slovenia, as long as traditional trade flows occurred. 

Under  Annex  VI  to  the  Europe  Agreement  and,  pending  its  entry  into  force,  to 
the  Interim  Agreement,  which  lists  the  preferential 
treatment  granted  to 
agricultural  products  originating  in  Slovenia,  Slovenia was  granted  a  concession 
for  the  specific  product  of  ajvar.  However,  due to  a technical  mistake,  only the 
frozen  produce  was included  in the concession,  despite the fact that mainly non-
frozen produce was traditionally exported to the Community. 

4.  With  a  view  to  reflecting  the  preferential  treatment  previously  enjoyed  by 
Slovenia  under the  Co-operation  Agreement  with  Slovenia  for  both  frozen  and 
non-frozen  ajvar  and  taking  into account  the fact that ajvar is a specific  product 
and  is  not  produced  in  the  Community,  the  Additional  Protocol  to  which  this 
proposal  refers foresees  taking the necessary  steps to grant  Slovenia preferential 
treatment also for non-frozen ajvar. 
The  Additional  Protocol  proposed  appears  to  be  the  most  efficient  means  of 
implementing  this  provision  by  modifying  the  Interim  Agreement,  currently  in 
force,  and  the  Europe  Agreement,  subsequently  at  such  time  as  it  enters into 
force. 

5. 

The  purpose  of  this  proposal  is  to  ask  the  Council  to  adopt  the  proposed 
provision as set out in the Additional Protocol. 

1 

W4354/98 Rev.  1-EN 

Proposal for a Council  Decision  of... 

on the conclusion of the Additional  Protocol to the Interim Agreement on trade 
and trade-related  matters between the European Community, the European Coal 
and Steel Community  and the European Atomic Energy Community, of the one 
part, and the Republic of Slovenia, of the other part, and to the Europe Agreement 
between the European Communities and their Member States, of the one part, and 
the Republic of Slovenia, of the other part 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission, 

Whereas the Commission has negotiated on behalf of the Communities an Additional 
Protocol to the Interim Agreement on trade and trade-related matters and to the Europe 
Agreement with the Republic of Slovenia; 

Whereas it is necessary to approve this Additional Protocol, 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  Additional  Protocol  to  the  Interim  Agreement  on  trade  and  trade-related  matters 
between  the  European  Community,  the  European  Coal  and  Steel  Community  and the 
European Atomic Energy Community, of the one part, and the Republic of Slovenia,  of 
the other part,  and to  the Europe  Agreement  between  the European  Communities and 
their Member States, of the one part, and the Republic of Slovenia,  of the other part, is 
hereby approved on behalf of the European Communities. 

The text of the Additional Protocol is attached to this Decision. 

Article 2 

The President of the Council is hereby authorized to designate the person empowered to 
sign the Additional Protocol on behalf of the European Communities. 

The President of the Council shall, on behalf of the Community, give the notification 
provided for in Article 3 of the Protocol. 

Done at Brussels, 

For the Council 

W4354/98Rev. 1-EN 

ADDITIONAL PROTOCOL 

to the Interim Agreement on trade and trade-related  matters between the 
European Community, the European Coal and Steel Community and the 
European Atomic Energy Community, of the one part, and the Republic of 
Slovenia, of the other part and to the Europe Agreement between the European 
Communities and their Member States, of the one part, and the Republic of 
Slovenia, of the other part 

THE EUROPEAN COMMUNITY, hereinafter  referred  to as "the Community", 

THE REPUBLIC OF SLOVENIA, hereinafter  referred  to as "Slovenia", 

Whereas  the  Europe  Agreement  establishing  an  association  between  the  European 
Communities  and  their  Member  States,  acting  within  the  framework  of  the  European 
Union,  of the  one  part,  and  the  Republic  of  Slovenia,  of the  other  part,  was  signed  in 
Luxembourg on  10 June  1996, and has not yet entered into force; 

Whereas,  pending  the  entry  into  force  of the Europe  Agreement,  provisions  thereof on 
trade and  trade  - related  matters  have been  put  into force  since  1 January  1997 by the 
Interim  Agreement  on 
the  European 
Community, the European  Coal and  Steel Community  and the European  Atomic Energy 
Community, of the one part, and the Republic of Slovenia, of the other part,  (hereinafter 
called "the Interim Agreement"), signed in Brussels on  11 November  1996; 

trade-related  matters  between 

trade  and 

Whereas the Europe Agreement  and, pending its entry into force, the Interim  Agreement 
provides in its Annex VI for preferential  treatment for imports into the Community, of an 
unlimited volume of frozen  Ajvar produce originating in Slovenia; 

Whereas the preferential  treatment  traditionally  enjoyed  by Slovenia for  frozen  and non-
frozen  Ajvar  under  the  Co-operation  Agreement  with  Slovenia  should  be  taken  into 
account; whereas Ajvar is a specific product and is not produced in the Community; 

Whereas for  these reasons,  the Europe Agreement  and,  pending its entry into force,  the 
Interim  Agreement,  should  grant  to  imports  of  non  frozen  Ajvar  the  same  preferential 
treatment as granted to frozen  Ajvar, 

HAVE  DECIDED  to  conclude  this Protocol  and  to  this  end  have  designated  as  their 
plenipotentiaries : 

THE EUROPEAN COMMUNITY : 

THE REPUBLIC OF SLOVENIA 

WHO, having exchanged their full  powers, found  in good and due form 

HAVE AGREED AS FOLLOWS : 

M-

VI/4354/98 Rev. 1-EN 

Article J 

From the date of entry into force of this Additional Protocol, the Europe Agreement, 
and, pending its entry into force, the Interim Agreement are amended by the inclusion of 
the following concession in their Annex VI : 

CN code 

Tariff 
sub 
division 

Description 

Rate of 
duty 

Volume 

ex 2005 90 70 

20 

Other vegetables prepared or 
preserved otherwise than by vinegar 
or acetic acid, not frozen,  other than 
products of heading No 2006: 
- Other vegetables and mixtures of 
vegetables: 
— Mixtures of vegetables, the 
product known as "Ajvar", obtained 
from  sweet peppers, to which spices, 
extracts of spices or distillates of 
natural spices, and sometimes 
aubergines and tomatoes, are added, 
containing at least 9 % of dry 
extracts, used mainly as a salad 

Article 2 

free 

unlimited 

This Protocol  shall  form  an  integral  part  of the  Interim  Agreement  and  of  the  Europe 
Agreement. 

Article 3 

This Protocol shall enter into force following notification  of approval procedures. 

Article 4 

This Protocol shall be drawn up in duplicate in the Danish, Dutch, English, Finnish, 
French, German, Greek, Italian, Portuguese, Spanish, Swedish and Slovenian languages, 
each of these texts being equally authentic. 

FINANCIAL  STATEMENT 

BUDGET I lEADING.Chapter  10 - Agricultural duties 

APPROPRIATIONS:!**^  623.8m 

TITLE. Proposal  for a Council  Decision  of...  on the conclusion  of the Additional  Protocol  to the  Interim 
Agreement  on  trade  and  trade-related  matters  between  the  European  Community,  the  European  Coal 
and  Steel  Community  and  the  European  Atomic  Energy  Community,  of  the one  part, and the  Republic 
of  Slovenia,  of  the  other  part,  and  to  the  Europe  Agreement  between  the  European  Communities  and 
their Member States, of the one part, and the Republic of Slovenia, of the  other part 

LEGAL BASIS: Article  113 of the Treaty 

4. 

AIMS OF PROJECT:To grant Slovenia an import concession  for fresh  ajvar 

FINANCIAL  IMPLICATIONS 

5.0. 

EXPENDITURE 

-CHARGED TO THE EC MIDGET 

(REFUNDS/INTERVENTION) 

- NATIONAL  ADMINISTRATION 

- OTHER 

5.1. 

REVENUE 

- OWN  RESOURCES OF THE EC 

(LEVIES/CUSTOMS  DUTIES) 

-NATIONAL 

5.0.1. 

ESTIMATED  EXPENDITURE 

5.1.1. 

ESTIMATED REVENUE 

PERIOD OF 12 
MONTHS 

million ecu 

CURRENT 
FINANCIAL 
YEAR(98) 

FOLLOWING 
FINANCIAL 
YEAR(99) 

million ecu 

million ecu 

0.04 

-0.04 

-0.04 

1997 

1998 

1999 

2000 

-0.04 

-0.04 

-0.04 

5.2. 

6.0. 

6.1. 

6.2. 

6.3. 

METHOD OF CALCULATION.Potential  loss of own  resources  calculated  from  the quantities imported  from  Slovenia by 
the Community in 1997, i.e. 289 tonnes. 289 tonnes x (ECU 651/tonne x 19.8% ad valorem) = ECU 37.251 

CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT 
CHAPTER OF THE CURRENT BUDGET? 

YES/NO 

CAN THE PROJECT  BE FINANCED  BY TRANSFER  BETWEEN  CHAPTERS  OF THE CURRENT 
BUDGET? 

IS A SUPPLEMENTARY  BUDGET NECESSARY? 

WILL FUTURE BUDGET APPROPRIATIONS  BE NECESSARY? 

YES/NO 

YJ&S/NO 

YES/NO 

OBSERVATIONS: 

4> 

ISSN 0254-1475 

COM(98) 365  final 

DOCUMENTS 

EN 

03  11  02  10 

Catalogue number  :  CB-C0-98-382-EN-C 

ISBN 92-78-37138-6 

Office  for Official  Publications of the European Communities 

L-2985 Luxembourg