Proposal for a Council Decision on the conclusion of an Agreement in the form of an exchange of letters concerning fishery products, amending the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part
Date: 1999-09-13
Institutions: European Commission
Subjects: Bulgaria, fishery product, fishing agreement, import, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 13.09.1999
COM(1999)431 final

99/0193 (ACC)

Proposal for a

COUNCIL DECISION

on the conclusion of an Agreement in the form of an exchange of letters
concerning fishery products, amending the Europe Agreement between the
European Communities and their Member States, of the one part, and the
Republic of Bulgaria, of the other part

(presented by the Commission)

EXPLANATORY MEMORANDUM

Under the terms of Article 21 (5) and Article 24 of the Europe Agreement between
the European Community and Bulgaria, provision is made for the negotiations of
reciprocal tariff concessions in the fisheries sector.

the Council approved the negotiating mandate for

In September 1998,
the
Commission to undertake negotiations with Bulgaria to conclude reciprocal tariff
concessions in the fisheries sector. As a result, negotiations were held in October and
December to finalise these bilateral concessions.

The negotiations were undertaken on the basis of non-papers developed following
discussion with the Member States in the Central and Eastern European Countries
Working Group of the Council. In the course of the negotiations with Bulgaria, some
minor changes were introduced into the respective concessions offered. These
changes were incorporated, where possible, to take into account Member States
concerns.

The Commission services are of the opinion that the results of the negotiations
represent a balanced and acceptable outcome to the negotiations, where the
Community is a net beneficiary from the negotiations.

2

Proposal for a

COUNCIL DECISION

on the conclusion of an Agreement in the form of an exchange of letters
concerning fishery products, amending the Europe Agreement between the
European Communities and their Member States, of the one part, and the
Republic of Bulgaria, of the other part,

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
Article 133 in conjunction with Article 300 (2) first sentence thereof,

Having regard to the proposal from the Commission,

Whereas it is desirable to amend by means of an Agreement in the form of an
exchange of letters with the Republic of Bulgaria the Europe Agreement between the
European Communities and their Member States, of the one part, and the Republic of
Bulgaria, of the other part1, so as to provide for preferential conditions for the
importation into the Community of various fish and fishery products originating in the
Republic of Bulgaria, and into the Republic of Bulgaria of various fish and fishery
products originating in the Community.

HAS DECIDED AS FOLLOWS:

Article 1

in the form of an exchange of letters between the European
The Agreement
Communities and the Republic of Bulgaria, concerning fishery products, amending
Article 24 of the Europe Agreement between the European Communities and their
Member States, of the one part, and the Republic of Bulgaria, of the other part and
laying down the trade
introducing into the same Agreement a new Protocol
arrangements for certain fish and fishery products, is hereby approved on behalf of the
European Community.

The text of the Agreement is attached to this Decision.

1 OJ L 358 of 31.12.1994, p. 1.

3

Article 2

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

Done at Brussels,

For the Council
The President

4

ANNEX

AGREEMENT

In the form of an exchange of letters between the European Community and the
Republic of Bulgaria concerning fishery products

A. Letter from the Community

Sir,

I refer to the Europe Agreement signed between the European Communities and their
Member States, of the one part, and the Republic of Bulgaria, of the other part, on
8 March 1993 [and, in particular, the recommendation by the Joint Committee made
during its meeting of …… in … ] on the importation of various fish and fishery
products.

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

(i) A new sentence shall be added to Article 24 of the Europe Agreement as follows :

«Protocol (number) lays down the trade arrangements for certain fish and fishery
products, listed in the annexes to that Protocol»

(ii) A Protocol laying down the trade arrangements for certain fish and fishery
products between the European Community and the Republic of Bulgaria, with
annexes, shall be added to the Europe Agreement.

I would be grateful if you would confirm the agreement of the Government of the
Republic of Bulgaria to the above amendments to the Europe Agreement.

Please accept, Sir, the assurance of my highest consideration

For the European Community

5

B. Letter from Bulgaria

Sir,

I have the honour to acknowledge receipt of your letter of today worded as follows :

«I refer to the Europe Agreement signed between the European Communities and
their Member States, of the one part, and the Republic of Bulgaria, of the other part,
on 8 March 1993 [and, in particular, the recommendation by the Joint Committee
made during its meeting of ……. in … ] on the importation of various fish and fishery
products.

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

(i) A new sentence shall be added to Article 24 of the Europe Agreement as follows :

«Protocol (number) lays down the trade arrangements for certain fish and fishery
products, listed in the annexes to that Protocol»

(ii) A Protocol laying down the trade arrangements for certain fish and fishery
products between the European Community and the Republic of Bulgaria, with
annexes, shall be added to the Europe Agreement

I would be grateful if you would confirm the agreement of the Government of the
Republic of Bulgaria to the above amendments to the Europe Agreement.»

I have the honour to confirm the agreement of my Government with the contents of
your letter and to the date proposed for the entry into force of the amendments.

Please accept, Sir, the assurance of my highest consideration

For the Government of the Republic of Bulgaria

6

PROTOCOL [ ]

Laying down the trade arrangement for certain fish and fishery products
between the European Community and the Republic of Bulgaria

Article 1

The Community shall grant the tariff concessions referred to in Annex I for fish and
fishery products, originating in Bulgaria, within the stated quantitative limits.

Article 2

Bulgaria shall grant the tariff concessions referred to in Annex II for fish and fishery
products, originating in the European Community, within the stated quantitative
limits.

Article 3

Taking into account the patterns of trade in fisheries products between the Parties, the
particular sensitivity of such products and the possibility of market expansion, the
Community and Bulgaria will examine on a regular basis, or on the request of one of
the Parties, in the Association Council, product by product and on a reciprocal basis,
the possibilities of granting each other further concessions.

Article 4

The tariff concessions referred to in Annexes I and II shall enter into force from [ ].

7

ANNEX I

Imports into the Community of the following products originating in Bulgaria
shall be subject to the concessions set out below

N°

Tariff N°

Description

Applicable
duty

Annual
quantities
(Tonnes)

1

2

3

4

0301 93

Carp, Live

0302 69 11

Carp, Fresh or Chilled

0303 21

Trout, Frozen

0304 10 19

Fresh or Chilled fillets of

Freshwater Fish, other than

Free

Free

Free

}

}

Trout or Salmon

} Free

0304 20 11

Frozen Fillets of Trout

}

}

200

50

260

150

(of which
max. 20 t

pike perch)

5

0304 10 91

Other Fresh or Chilled

Free

90

Meat of Freshwater

Fish other than Trout

6

7

8

9

0305 41

Smoked Salmon

0305 49

Smoked Fish, including Fillets,
excl. Salmon and Herring

Free

Free

0307 31 10

Mussels, live, fresh or chilled

Free

50

50

40

0307 39 10

Mussels, frozen

0307 99 13

Striped venus and other species
of the family Veneridae, frozen

Free

160

8

10

11

1604 12

Prepared of Preserved Herrings

1604 13

Prepared or preserved

Free

Free

50

80

Sardines, sardinella

and brisling or sprats

12

1604 15

Prepared
Mackerel

or

preserved

Free

100

13

1604 19 10

Prepared or preserved fish,
other

1604 19 91

Other, Fillets coated

}

}

}

1604 19 92

Cod

} Free

150

1604 19 93

Coalfish

1604 19 94

Hake

}

}

14

1604 20

Other prepared or preserved
fish

15

1605 20

Prepared or preserved

Free

Free

100

770

Shrimps and Prawns

16

1605 90

Other Molluscs and Aquat. Inv.

Free

90

9

ANNEX II

Imports into Bulgaria of the following products originating in the Community
shall be subject to the concessions set out below

N°

Tariff N°

Description

Applicable
duty

Annual
quantities
(Tonnes)

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

Free

Free

Free

Free

Free

Free

Free

Free

Free

0303 21

0303 50

0303 71

0303 74

0303 79

Frozen Trout

Herring, Frozen

Sardines, Brisling or Sprat,
frozen

Mackerel, frozen

Other frozen fish

ex0304 10 38 Fillets of Herring

and Mackerel

0304 20

Frozen fillets, other than

Mackerel and Herring

Other fish meat

Fish fillets, dried, salted or

in brine, but not smoked

0304 90

0305 30

0305 41

Smoked
Salmon
Pacific and Danube)

(Atlantic,

Free

0305 69

Other salted fish, but not dried,

Free

or smoked and fish in brine

0306 13 30

Shrimps and Prawns, frozen

}

50

500

200

3,500

500

100

100

200

75

100

250

0306 23 31

Shrimps and Prawns, not frozen

} Free

1,000

0306 23 39

0307 49

1604 13

1604 14

1604 15

1604 20

Other Molluscs

Sardines, Sardinella

Tunas, Skipjack and Bonito
(Sarda spp.)

Mackerel

Other prepared or preserved
fish

}

Free

Free

Free

Free

Free

200

120

200

180

150

10