Proposal for a Council Regulation establishing certain concessions in the form of Community tariff quotas  for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with Latvia
Date: 2000-07-26
Institutions: European Commission
Subjects: Latvia, agreement (EU), agricultural product, liberalisation of trade, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 26.07.2000
COM(2000) 481 final

2000/0202(ACC)

Proposal for a

COUNCIL REGULATION

establishing certain concessions in the form of Community tariff quotas
for certain agricultural products and providing for an adjustment,
as an autonomous and transitional measure, of certain agricultural
concessions provided for in the Europe Agreement with Latvia

(presented by the Commission)

1.

2.

3.

4.

5.

6.

7.

8.

EXPLANATORY MEMORANDUM

On 30 March 1999, the Council authorised the Commission to open negotiations for
the Europe
additional mutual agricultural concessions in the framework of
Agreements between the European Community and the associated Central and
Eastern European Countries.

The negotiations, which have been undertaken in the overall context of the accession
process, have been based on Article 20(4) of the Europe Agreement with Latvia.
Article 20(4) provides that
the Community and Latvia shall examine in the
Association Council, product by product and on an orderly and reciprocal basis, the
possibility of granting each other further concessions taking account of the volume of
trade in agricultural products between them, of their particular sensitivity, of the
rules of common agricultural policy of the Community and of the rules of the
agricultural policy of the associated country.

According to the Council decision, the negotiations should lead to a fair equilibrium,
both in terms of exports and imports, between the interests of the European
Community and its Member States and those of the associated countries.

The result of the negotiations between the Commission and the Republic of Latvia on
additional agricultural concessions provides for an immediate and full liberalisation
of the imports into the Community of some agricultural products, as well as the
exports of most of those products from the Community to the Republic of Latvia.
The scope for concessions within tariff quotas has also been enlarged compared to
the reciprocally currently granted concession. As a consequence of the new
agreement approximately two thirds of the bilateral trade of agricultural products will
benefit from preferences.

As a result of the adjustments agreed with Latvia, a new Additional Protocol to the
Europe Agreement with Latvia has to be established. A swift implementation of the
adjustments forms an essential part of the results of the negotiations for the
conclusion of a new Additional Protocol to the Europe Agreement with Latvia.
Because of the duration of the procedure for the adoption of such a new protocol, a
new Additional Protocol cannot enter into force on 1 July 2000.

A Council Regulation, made on an autonomous and transitional basis, would enable
such a swift implementation of the results of the negotiations. This present Council
Regulation would be replaced by the new additional protocol on the entry into force
of the latter. The same model was used in 1996, to take into account the Agreement
on Agriculture concluded during the Uruguay Round of Multilateral Trade
Negotiations and the consequences of the last EU enlargement.

The Republic of Latvia will also undertake all the necessary legislative provisions,
on an autonomous and transitional basis, in order to implement simultaneously the
commitments made by the Republic of Latvia as a result of the conclusion of the
negotiations.

The purpose of this proposal is to permit the early implementation, from 1 July 2000,
of the results of the agricultural negotiations for the conclusion of a new Additional
Protocol to the Europe Agreement with Latvia. It provides for the amendments of the

2

Annexes of the Europe Agreement with Latvia, which set out
granted by the Community on imports originating in Latvia.

the concessions

9.

The Council is requested to adopt the proposed Regulation.

3

2000/0202(ACC)

Proposal for a

COUNCIL REGULATION

establishing certain concessions in the form of Community tariff quotas
for certain agricultural products and providing for an adjustment,
as an autonomous and transitional measure, of certain agricultural
concessions provided for in the Europe Agreement with Latvia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular
Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

The Europe Agreement concluded between the European Communities and their
Member States, of the one part, and the Republic of Latvia, of the other part1, provide
for further concessions for certain agricultural products originating in Latvia.

Improvements to the preferential agreements of the Europe Agreement with Latvia
were provided for in 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 Latvia, of the other part, to take into
account of the accession of the Republic of Austria, of the Republic of Finland and of
the Kingdom of Sweden to the European Union and the outcome of the Uruguay
Round negotiations on agriculture2. The Council approved the above-mentioned
Protocol on behalf of the Community by Council Decision of 18 May 19983.

In accordance with the directives adopted by the Council on 30 March 1999, the
Commission and the Republic of Latvia concluded on 8 May 2000 negotiations on a
new Additional Protocol to the Europe Agreement.

The new Additional Protocol, which provide for additional agricultural concessions,
the
will be based on Article 20(4) of the Europe Agreement, establishing that
Community and Latvia shall examine in the Association Council, product by product
and on an orderly and reciprocal basis, the possibility of granting each other further
concessions.

1

2

3

OJ L 26, 2.2.1998, p. 3.
OJ L 317, 10.12.1999, p. 3.
OJ L 317, 10.12.1999, p. 1.

4

(5)

(6)

(7)

(8)

(9)

A swift implementation of the adjustments forms an essential part of the results of the
negotiations for the conclusion of a new Additional Protocol to the Europe Agreement
with Latvia.

It is therefore appropriate to provide for the adjustment, as an autonomous and
transitional measure, of the agricultural concessions provided for in the Europe
Agreement with Latvia.

The Republic of Latvia will take all useful legislative provisions, on an autonomous
and transitional basis, in order to enable a rapid and simultaneous implementation of
the adaptation of the agricultural concessions of the Republic of Latvia provided for in
the Europe Agreement.

Since the measures necessary for
this Regulation are
management measures within the meaning of Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the procedures for the exercise of
implementing powers conferred on the Commission4, they should be adopted by use of
the management procedure provided for in Article 4 of that Decision.

the implementation of

Commission Regulation (EC) No 2454/93 of 2 July 1993 laying down provisions for
the implementation of Council Regulation (EEC) No 2913/92 establishing the
Community Customs Code5 codified the management rules for tariff quotas designed
to be used following the chronological order of dates of customs declarations.

HAS ADOPTED THIS REGULATION:

1.

2.

3.

1.

4

5

Article 1

The arrangements for import into the Community applicable to certain agricultural
products originating in Latvia as set out in Annex A(a) and A(b) to this Regulation
shall replace those set out in Annex Va to the Europe Agreement establishing an
association between the European Communities and their Member States, of the one
part, and the Republic of Latvia, of the other part.

On the entry into force of the new additional protocol adjusting the Europe
Agreement referred to in paragraph 1, the concessions provided for in that Protocol
shall replace those referred to in Annex A(a) and A(b) to this Regulation.

The Commission shall adopt detailed rules for the application of this Regulation in
accordance with the procedure laid down in Article 3(2)

Article 2

Tariff quotas with an order number above 09.5100 shall be administered by the
Commission in accordance with articles 308a, 308b and 308c of Regulation (EEC)
No 2454/93.

OJ L 184, 17.7.1999, p. 23.
OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 1662/1999
(OJ L 197, 29.7.1999, p. 25).

5

2.

1.

2.

3.

Quantities of goods subject to tariff quotas and released for free circulation as from
1 July 2000 under the concessions provided for in Annex V(a) to the Europe
Agreement
in accordance with the provisions of Council Regulation (EC)
No 1926/966 before the entry into force of this Regulation shall be fully counted
against the quantities provided for in the Annex A (b) of this Regulation.

Article 3

The Commission shall be assisted by the committee instituted by Article 23 of
Council Regulation (EC) N° 1766/92 on the common organisation of the market of
cereals7 or, where appropriate, the committee instituted by the relevant provisions of
the other Regulations on the common organisation of agricultural markets.

Where reference is made to this paragraph, the management procedure laid down in
Article 4 of Decision 1999/468/EC shall apply, in compliance with Article 7(3)
thereof.

The period provided for in Article 4(3) of Decision 1999/468/EC shall be one month.

Article 4

This Regulation shall enter into force on the third day following its publication in the Official
Journal of the European Communities.

It shall apply from 1 July 2000.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council
The President

6

7

OJ L 254, 8.10.1996, p. 1.
OJ L 181, 1.7.1992, p. 21.

6

ANNEX A(a)

Custom duties on imports applicable in the Community to products
originating in Latvia and listed below shall be abolished

CN code (1)

CN code (1)

CN code (1)

CN code (1)

CN code (1)

CN code (1)

1602 31 11
1602 31 19
1602 31 30
1602 31 90
2001 90 20
2005 90 10
2302 50 00
2306 90 19
2308 90 90
2309 10 51
2309 10 90
2309 90 10
2309 90 31
2309 90 41
2309 90 51

0101 20 10
0104 20 10
0106 00 10
0106 00 20
0205 00 11
0205 00 19
0205 00 90
0206 80 91
0206 90 91
0207 13 91
0207 14 91
0207 26 91
0207 27 91
0207 35 91
0207 36 89
0208 10 11
0208 10 19
0208 20 00
0208 90 10
0208 90 50
0208 90 60
0208 90 80
0210 90 10
0210 90 79
0407 00 90
0410 00 00
0601 10 10
0601 10 20
0601 10 30
0601 10 40
0601 10 90
0601 20 30
0601 20 90
0602 10 90
0602 20 90
0602 30 00
0602 40 10
0602 40 90
0602 90 10
0602 90 30
0602 90 41
0602 90 45
0602 90 49
0602 90 51
0602 90 59
0602 90 70

0602 90 91
0602 90 99
0603 10 10
0603 10 20
0603 10 30
0603 10 40
0603 10 50
0603 10 80
0603 90 00
0604 10 90
0604 91 21
0604 91 29
0604 91 41
0604 91 49
0604 91 90
0604 99 90
0701 10 00
0701 90 10
0703 10 11
0703 10 19
0703 10 90
0703 90 00
0708 10 00
0709 51 30
0709 51 50
0709 51 90
0709 52 00
0709 60 10
0709 60 99
0709 90 50
0710 80 59
0711 10 00
0711 90 10
0711 90 70
0712 20 00
0713 50 00
0713 90 10
0713 90 90
0802 11 90
0802 12 90
0802 21 00
0802 22 00
0802 31 00
0802 32 00
0802 40 00
0802 90 50

0802 90 85
0806 20 11
0806 20 12
0806 20 91
0806 20 92
0806 20 98
0808 20 90
0810 40 30
0810 40 50
0810 40 90
0811 90 85
0812 10 00
0812 90 40
0812 90 50
0812 90 60
0812 90 95
0813 10 00
0813 20 00
0813 30 00
0813 40 10
0813 40 30
0813 40 95
0813 50 15
0813 50 19
0813 50 91
0813 50 99
0901 12 00
0901 21 00
0901 22 00
0902 10 00
0904 12 00
0904 20 10
0904 20 90
0907 00 00
0910 40 13
0910 40 19
0910 40 90
0910 91 90
0910 99 99
1106 10 00
1106 30 90
1208 10 00
1209 11 00
1209 19 00
1209 21 00

1209 23 80
1209 29 50
1209 29 80
1209 30 00
1209 91 10
1209 91 90
1209 99 91
1209 99 99
1210 10 00
1210 20 10
1210 20 90
1211 90 30
1212 10 10
1212 10 99
1214 90 10
1502 00 90
1503 00 19
1503 00 90
1504 10 10
1504 10 99
1504 20 10
1504 30 10
1507 10 10
1507 10 90
1507 90 10
1507 90 90
1508 10 90
1508 90 10
1508 90 90
1511 10 90
1511 90 11
1511 90 19
1511 90 91
1511 90 99
1512 11 10
1512 11 91
1512 11 99
1512 19 10
1512 19 91
1512 19 99
1512 21 10
1512 21 90
1512 29 10
1512 29 90
1513 11 10
1513 11 91

1513 11 99
1513 19 11
1513 19 19
1513 19 30
1513 19 91
1513 19 99
1513 21 11
1513 21 19
1513 21 30
1513 21 90
1513 29 11
1513 29 19
1513 29 30
1513 29 50
1513 29 91
1513 29 99
1514 10 10
1514 10 90
1514 90 10
1514 90 90
1515 11 00
1515 19 10
1515 19 90
1515 21 10
1515 21 90
1515 29 10
1515 29 90
1515 30 90
1515 50 11
1515 50 19
1515 50 91
1515 50 99
1515 90 29
1515 90 39
1515 90 40
1515 90 51
1515 90 59
1515 90 60
1515 90 91
1515 90 99
1516 20 95
1516 20 96
1516 20 98
1518 00 31
1518 00 39
1522 00 91

(1)

As defined in Commission regulation (EC) N° 2204/1999 of 12 October 1999, amending Annex I to
Council Regulation (EEC) N° 2658/87 on the tariff and statistical nomenclature and on the Common
Customs Tariff (OJ L 278, 28.10.1999, p. 1).

7

ANNEX A(b)

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

(MFN= Most Favoured Nation duty)

Order
N°

CN code

Description (1)

Applicable
duty
(% of MFN)
(2)

ANNUAL
QUANTITY
from 1.7.2000
to 30.6.2001
(tonnes)

YEARLY
INCREASE
as from
1.7.2001
(tonnes)

Specific
provisions

Live bovine animals of a live weight not
exceeding 80 kg
Live bovine animals of a live weight exceeding
80 kg but not exceeding 300 kg

20

20

178 000
heads
153 000
heads

09.4598

0102 90 05

09.4537

102 90 21
0102 90 29
0102 90 41
0102 90 49

09.4563

ex 0102 90

Heifers and cows not
the
following mountain breeds: grey, brown, yellow,
spotted Simmental and Pinzgau

slaughter of

for

09.4037

0204

Meat of sheep or goats

09.4561

09.4540

0201
0202

Meat of bovine animals, fresh, chilled or frozen

ex 0203 (6)

Meat of domestic swine, fresh, chilled or frozen

09.4544

ex 0207 (8)

Meat and edible offal of the poultry of heading
0105, fresh, chilled or frozen

6 %
ad valorem

7 000 heads

free

20

free

free

125

1 875

1 250

625

0

0

0

5

75

125

65

09.4549

0402 10 19

Skimmed milk powder

free

4 000

400

0402 21 19

Whole milk powder

09.4550

ex 0402 29

Other than in powder

09.4551

0405 10

Butter

09.4552

0406

Cheese and curd

0409 00 00

Natural honey

09.6621

ex 0702 00 00

Tomatoes, fresh or chilled, from 15 May to
31 October

09.6623

0703 20 00

Garlic

09.6456

0704 90 10

White cabbages and red cabbages

09.6457

ex 0706 10 00

Carrots

0706 90 30

Horse-radish

ex 0707 00 05

Cucumbers, fresh or chilled, from 16 May to
31 October

0

190

300

50

5

0

0

20

free

free

64

free

free

20

20

47

80

250

1 875

3 000

Unlimited

150

50

440

250

Unlimited

Unlimited

8

(3)

(3)

(4)

(5)

(5)

(7)
(11)
(11)

(11)

(10)
(11)

(10)

Order
N°

CN code

Description (1)

Applicable
duty
(% of MFN)
(2)

ANNUAL
QUANTITY
from 1.7.2000
to 30.6.2001
(tonnes)

YEARLY
INCREASE
as from
1.7.2001
(tonnes)

Specific
provisions

09.6458

0710 10 00

Potatoes, frozen

09.6625

0808 10

Apples

09.6471

0811 10

Strawberries, frozen

09.6472

1104 12 90

Oats, flaked

09.6473

1108 13 00

Potato starch

09.4564

1601 00

1602 41-49

09.4566

1602 32-39

1602 50 10

Sausages and similar products of meat, meat
offal or blood
Other prepared or preserved meat, meat offal or
blood of swine

Other prepared or preserved meat, meat offal or
blood of fowls, of the species Gallus domesticus
or of other
Prepared or preserved meat of bovine animals

09.6474

2001 10

Cucumbers and gherkins, preserved

09.6475

2005 90 75

Sauerkraut

juice

Apple
1,33 g/cm3 at 20 degrees.

of

a

density

not

exceeding

(10)
(11)

(9)

(11)

(11)

20

free

20

20

20

free

free

20

20

20

67

250

150

250

375

500

150

100

250

190

140

Unlimited

0

50

0

0

0

15

10

0

0

0

2009 70 30

2009 70 93

2009 70 99

Of a value exceeding 18 EUR per 100 kg net
weight, containing added sugar.
Of a value not exceeding 18 EUR per 100 kg net
weight, with an added sugar
content not
exceeding 30% by weight
Not containing added sugar

(1)

(2)

(3)

(4)

(5)

(6)

(7)

Notwithstanding the rules for the interpretation of the Combined nomenclature, the wording of the
description of the products is to be considered as having no more than indicative value, the preferential
scheme being determined, within the context of this Annex, by the coverage of the CN code. Where ex
CN codes are indicated, the preferential scheme is to be determined by application to the CN code and
corresponding description taken together.

In cases where a MFN minimum duty exits, the applicable minimum duty is equal to the MFN
minimum duty multiplied by the percentage indicated in this column.

The quota for this product is opened for Bulgaria, the Czech Republic, Estonia, Hungary, Latvia,
Lithuania, Poland, Romania and the Slovak Republic. Where it appears likely that total Community
imports of live bovine animals may exceed 500 000 heads in a given marketing year the Community
may take the management measures needed to protect its market, not withstanding any other rights
given under the Agreement.

The quota for this product is opened for Bulgaria, the Czech Republic, Estonia, Hungary, Latvia,
Lithuania, Poland, Romania and the Slovak Republic.

The quota for this product is opened for Estonia, Latvia and Lithuania. The Community may take into
account, in the framework of its legislation and when appropriate the supply needs of its market and the
need to maintain its market balance.

Except CN-codes 0203 11 90, 0203 12 90, 0203 19 90, 0203 21 90, 0203 22 90, 0203 29 90.

Excluding tenderloin presented alone.

9

(8)

(9)

(10)

(11)

Except CN-codes 0207 13 91, 0207 14 91, 0207 26 91, 0207 27 91, 0207 34 10, 0207 34 90,
0207 35 91, 0207 36 81, 0207 36 85 and 0207 36 89.

Subject to minimum import price arrangements contained in the Annex to the present Annex.

The reduction applies only to the ad valorem part of the duty.

This concession is only applicable to products non-benefiting from export refunds.

10

ANNEX TO ANNEX A(b)

Minimum import price arrangements for certain soft fruit for processing

1.

Minimum import prices are fixed as follows for the following products for
processing originating in the Republic of Latvia:

CN Code

Description

Minimum
import price

(EUR/100 kg net)

ex 0811 10 11

Frozen strawberries, containing added sugar or other sweetening
matter, with a sugar content exceeding 13% by weight: whole fruit

ex 0811 10 11

Frozen strawberries, containing added sugar or other sweetening
matter, with a sugar content exceeding 13% by weight: other

ex 0811 10 19

Frozen strawberries, containing added sugar or other sweetening
matter, with a sugar content not exceeding 13% by weight: whole
fruit

ex 0811 10 19

Frozen strawberries, containing added sugar or other sweetening
matter, with a sugar content not exceeding 13% by weight: other

ex 0811 10 90

Frozen strawberries, containing no added sugar or other sweetening
matter: whole fruit

ex 0811 10 90

Frozen strawberries, containing no added sugar or other sweetening
matter: other

75.0

57.6

75.0

57.6

75

57.6

2.

3.

4.

5.

The minimum import prices, as set out
in Article 1, will be respected on a
consignment by consignment basis. In the case of a customs declaration value being
lower than the minimum import price, a countervailing duty will be charged equal to
the difference between the minimum import price and the customs declaration value.

If the import prices of a given product covered by this Annex show a trend
suggesting that the prices could go below the level of the minimum import prices in
the immediate future, the European Commission will inform the Latvian authorities
in order to enable them to correct the situation.

At the request of either the Community or Latvia, the Association Council shall
examine the functioning of the system or the revision of the level of the minimum
the Association Council shall take the necessary
import prices. If appropriate,
decisions.

To encourage and promote the development of trade and for the mutual benefit of all
parties concerned, a consultation meeting will be organised three months before the
beginning of each marketing year in the European Community. This consultation
meeting will
take place between the European Commission and the interested
European producers' organisations for the products concerned, of the one part and the
authorities', producers' and exporters' organisations of all the associated exporting
countries, of the other part.

During this consultation meeting, the market situation for soft fruit including, in
particular, forecasts for production, stock situation, price evolution and possible
market development, as well as possibilities to adapt supply to demand, will be
discussed.

11

1.

2.

3.

4.

5.

5.0

5.1

FINANCIAL STATEMENT

BUDGET HEADING:
CHAPTER 10

APPROPRIATIONS:
EUR 1 102,2 million

TITLE:
Council Regulation establishing certain concessions in the form of Community tariff quotas for certain
agricultural products and providing for an adjustment, as an autonomous and transitional measure, of
certain agricultural concessions provided for in the Europe Agreement with Latvia.

LEGAL BASIS: Article 133 of the Treaty

AIMS:
To establish additional agricultural concessions between the Community and the Republic of Latvia.

FINANCIAL IMPLICATIONS

CHARGED TO THE EC BUDGET

EXPENDITURE
-
(REFUNDS/INTERVENTIONS)
-
-
REVENUE
-
(LEVIES/CUSTOMS DUTIES)
NATIONAL
-

NATIONAL AUTHORITIES
OTHER

OWN RESOURCES OF THE EC

5.0.1 ESTIMATED EXPENDITURE
5.1.1 ESTIMATED REVENUE
5.2 METHOD OF CALCULATION:

12 MONTH
PERIOD

(EUR million)

CURRENT
FINANCIAL
YEAR [2000]
(EUR million)

FOLLOWING
FINANCIAL
YEAR [2001]
(EUR million)

-

-

-

- 1,5

- 0,5

- 1,5

2002

- 1,5

2003

- 1,5

2004

- 1,5

2005

- 1,5

* Annex A(a)
Taking into account the average imports from Latvia during the last 3 years as well as the duties actually
applied on these imports, the loss of own resources for the community budget can be estimated at EUR
0,015 million/year for the abolished duties listed under Annex A(a).
* Annex A(b)
Taking into account the duties actually applied on the average imports of products for which the existing
tariff concession is enlarged, and for which the duty is fixed at zero, the loss of own resources for the
Community budget can be estimated at EUR 1,5 million/year.
The early increase, from 2001 on, of the quantities of the concessions granted has no direct impact on
the community budget, as it is estimated that there would be no imports of the concerned products with
the full duties, and as such, that there is no loss on the estimated own resources.

6.0

6.1

CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE
RELEVANT CHAPTER OF THE CURRENT BUDGET?
CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF
THE CURRENT BUDGET?

6.2 WILL A SUPPLEMENTARY BUDGET BE NECESSARY?
6.3 WILL APPROPRIATIONS NEED TO BE ENTERED IN FUTURE BUDGETS?
OBSERVATIONS:
The calculations of the loss of own resources have been based on the average imports and actually applied
duties on the concerned products.
Measures to prevent the risk of frauds : those foreseen in the Europe Agreement, in particular those concerning
customs co-operation and rules of origin.

YES

YES
NO
NO

12