Proposal for a Council Decision relating to the conclusion of an Agreement between the European Community and the Czech Republic concerning fishery products, in the form of an additional Protocol completing the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic of the other part
Date: 2001-12-19
Institutions: European Commission
Subjects: Czechia, association agreement (EU), fishery product, free movement of goods, tariff reduction

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.12.2001
COM(2001) 778 final

2001/0304 (ACC)

Proposal for a

COUNCIL DECISION

relating to the conclusion of an Agreement between the European Community and the
Czech Republic concerning fishery products, in the form of an additional Protocol
completing the Europe Agreement establishing an association between
the European Communities and their Member States, of the one part,
and the Czech Republic of the other part

(presented by the Commission)

EXPLANATORY MEMORANDUM

On  29 May 2000,  the  Council  approved  the  negotiating  mandate  for  the  Commission  to
undertake negotiations with the associated CEECs, including the Czech Republic, to conclude
reciprocal tariff  concessions in the  fisheries  sector.  As  a  result,  negotiations  were  held  with
the  Czech  Republic  on  20 October 2000  and  27 March 2001  to  finalise  these  bilateral
concessions.  The  details  of  the  bilateral  concessions  are  contained  in  Agreed  Minutes  that
were signed on behalf of the Commission and the Czech authorities on 27 March 2001. The
two parties agreed on a model for gradual and reciprocal liberalisation of trade on all fish and
fishery products.

The agreement states that both the Community and the Czech Republic, from the date of entry
into force of the agreement, will apply a one third reduction of the tariff duties applied to all
fish and fishery products. The following year a further reduction of one third will be applied
and three years after the entry into force of the agreement, full free trade of all fish and fishery
products will be applied.

At the entry into force of the agreement the Community will eliminate the tariff quota for live
trout  mentioned  in  the  Europe  Agreement.  In  addition,  at  the  entry  into  force  of  the
agreement, the Community will increase the existing tariff quota for live carp to 4000 tonnes.
One  year  after  the  entry  into  force  of  the  agreement,  the  quota  will  be  increased  to
4500 tonnes  and  two  years  after  the  entry  into  force  of  the  agreement,  the  quota  will  be
increased  to  5000 tonnes.  Three  years  after  entry  into  force  of  the  agreement,  or  earlier,  if
mutually agreed, the quota for live carp will be eliminated.

The  Commission  is  of  the  opinion  that  the  results  of  the  technical  negotiations  represent  a
balanced  and  acceptable  result  which,  in  a  simple  administrative  manner,  and  on  a  gradual
basis, will lead to full free trade, without any exceptions, between the Czech Republic and the
European Community.

The present proposal is one of a series on which the Council is being asked to take a decision.
It adheres to the same principles of gradual liberalisation of trade in fish and fishery products
as the earlier proposals.

In light of the above, the Council is requested to adopt the present decision to add a Protocol
concerning trade concessions in the fisheries sector to the Europe Agreement with the Czech
Republic.

2

2001/0304 (ACC)

Proposal for a

COUNCIL DECISION

relating to the conclusion of an Agreement between the European Community and the
Czech Republic concerning fishery products, in the form of an additional Protocol
completing the Europe Agreement establishing an association between
the European Communities and their Member States, of the one part,
and the Czech Republic 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 sub-paragraph, first sentence, thereof,

Having regard to the proposal from the Commission,

Whereas:

(1)

It is desirable to complete by means of an additional Protocol the Europe Agreement
establishing  an  association  between  the  European  Communities  and  their  Member
States, of the one part, and the Czech Republic, of the other part1, so as to provide for
preferential  conditions  for  the  importation  into  the  Community  of  certain  fish  and
fishery  products  originating  in  the  Czech  Republic,  and  into  the  Czech  Republic  of
certain fish and fishery products originating in the Community;

(2)

To  that  end  a  new  Protocol  laying  down  the  trade  arrangements  for  certain  fish  and
fishery products should be added to the said Europe Agreement;

(3)

The Agreement in the form of a Protocol should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the European Community and the Czech Republic in the form of an
the  Europe  Agreement
additional  Protocol  concerning  fishery  products,  completing 
establishing an association between the European Communities and their Member States, of
the one part, and the Czech Republic, of the other part, is hereby approved on behalf of the
Community.

The text of the Agreement in the form of a Protocol is attached to this Decision.

1

OJ L 360 of 31.12.1994, p. 2.

3

                                                
Article 2

1.

2.

From the date of entry into force of this Protocol the tariff quota for live trout (order
number  09.5261)  and  the  tariff  quota  for  live  carp  (order  number  09.5263)  as
mentioned in Council Regulation (EC) No 965/97 of 26 May 19972 will no longer be
applicable for products originating in the Czech Republic.

From  the  date  of  entry  into  force  of  this  Protocol  a  tariff  quota  with  order  number
09.5263  for  three  annual  quota  periods  for  live  carp  falling  under  CN  subheading
0301 93 00 will be opened at a duty rate of 0%. For the first quota period of 12 months
the quota volume will be 4.000 tonnes, for the second quota period of 12 months the
quota  volume  will  be  4.500  tonnes  and  for  the  third  quota  period  of  12  months  the
quota  volume  will  be  5.000  tonnes.  This  quota  shall  be  administered  by  the
Commission  in  accordance  with  Articles 308a,  308b  and  308c  of  Regulation  (EEC)
No 2454/933

Article 3

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

2

3

OJ L 141, 31.5.1997, p. 1.
OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 993/2001 (OJ L 141,
28.5.2001, p. 1.

4

                                                
ANNEX

AGREEMENT

BETWEEN THE EUROPEAN COMMUNITY

AND THE CZECH REPUBLIC

CONCERNING FISHERY PRODUCTS

IN THE FORM OF AN ADDITIONAL PROTOCOL

TO THE EUROPE AGREEMENT

ESTABLISHING AN ASSOCIATION BETWEEN

THE EUROPEAN COMMUNITIES AND THEIR MEMBER STATES

OF THE ONE PART, AND THE CZECH REPUBLIC

OF THE OTHER PART

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PROTOCOL

LAYING DOWN THE TRADE ARRANGEMENTS FOR

CERTAIN FISH AND FISHERY PRODUCTS BETWEEN

THE EUROPEAN COMMUNITY AND THE CZECH REPUBLIC

THE  EUROPEAN  COMMUNITY,  hereinafter  referred  to  as  ‘the  Community’  of  the  one
part, and

THE GOVERNMENT OF THE CZECH REPUBLIC, of the other part,

WHEREAS  the  Europe  Agreement  establishing  an  association  between  the  European
Communities and their Member States, of the one part, and the Czech Republic, of the other
part,  hereinafter  referred  to  as  ‘the  Europe  Agreement’,  was  signed  in  Brussels  on
4 October 1993 and entered into force on 1 February 1995;

WHEREAS  Chapter III  of  Title  III  of  the  Europe  Agreement  provides  for  negotiations  to
conclude reciprocal tariff concessions in the fisheries sector;

WHEREAS  to  this  effect  technical  negotiations  based  on  Article 21(5)  of  the  Europe
Agreement  were  carried  out  and  successfully  concluded  between  the  Community  and  the
Czech Republic to agree on reciprocal tariff concessions in the fisheries sector;

WHEREAS  the  negotiated  concessions  in  the  fisheries  sector  shall  affect  the  bilateral
concessions granted under the Agreement, which should, therefore, be amended by means of
a Protocol adjusting the trade aspects of the Agreement;

WHEREAS  the  Community  and  the  Czech  Republic  also  agreed  on  an  administratively
simple  manner  of  implementing  the  negotiated  tariff  concessions  as  soon  as  possible  on  a
gradual basis;

HAVE DECIDED to apply the agreed tariff concessions in view of establishing full free trade
of all fish and fishery products:

ARTICLE 1

From the date of entry into force of this Protocol for fish and fishery products as defined in
Article 1  of  Council  Regulation  (EC)  No 104/2000  both  Parties  shall  apply  a  one  third
reduction of the tariff duties applied by the Community and the Czech Republic respectively
for all fish and fishery products with the exception of products mentioned in Article 2.

One year after the date of entry into force of this trade arrangement, both Parties shall apply a
further one third reduction of the tariff duties as they were at the time of the entry into force of
this arrangement.

6

Three years after the date of entry into force of this trade arrangement, or if commonly agreed
earlier, full free trade of all fish and fishery products with the exception of those mentioned in
Article 2 shall be applied. Any such agreement on earlier application of full free trade of all
fish and fishery products shall be implemented in accordance with Article 6 of this Protocol.

ARTICLE 2

At the entry into force of this Protocol the Community will eliminate the tariff quota for live
trout mentioned  in  the  Europe  Agreement  and  the  Community  will  apply  full  free  trade  for
this product originating in the Czech Republic.

ARTICLE 3

At  the  entry  into  force  of  this  Protocol,  the  Community  shall  increase  the  tariff  quota  for
products falling under CN subheading 0301 93 00 (live carp) to 4000 tonnes. One  year after
the entry into force of this Protocol, the quota shall be increased to 4500 tonnes. Two  years
after the entry into force of this Protocol, the quota shall be increased to 5000 tonnes. Three
years after the entry into force of this Protocol or at an earlier date, if commonly agreed, the
quota  shall  be  eliminated.  Any  such  agreement  on  earlier  elimination  of  the  quota  shall  be
implemented in accordance with Article 6 of this Protocol.

For  quantities  imported  into  the  Community  above  the  tariff  quotas,  the  provisions  of
Article 1 shall apply.

ARTICLE 4

The calculation of the reductions mentioned in Article 1 will be carried out by using common
mathematics principles taking into account that:

all  the  figures  which  have  less  than  50  (included)  after  the  decimal  point  should  be

(a)
rounded down;

(b)

(c)

all the figures which have more than 50 after the decimal point should be rounded up;

all the tariffs below 2% should automatically be fixed at 0%.

This Protocol will enter into force on the first day of the month following the date on which
the Parties have notified each other of the accomplishment of their internal procedures.

ARTICLE 5

This Protocol may be amended by decision of the Association Council.

ARTICLE 6

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FINANCIAL STATEMENT

1.

TITLE OF OPERATION

Proposal  to  add  a  Protocol  to  the  Europe  Agreement  with  the  Czech  Republic
implementing  an  agreement  on  concessions  on  fish  and  fishery  products.  These
concessions have been agreed and will be implemented over a period of three years,
leading to full trade liberalisation of the products concerned.

2.

BUDGET HEADING(S) INVOLVED

Chapter 12, Article 120

3.

LEGAL BASIS

Article  133  in  conjunction  with  Article 300(2)  of  the  Treaty  establishing  the
European Community

DESCRIPTION OF OPERATION

General objective

Full  trade  liberalisation  of  trade  in  fish  and  fishery  products  in  preparation  for
accession of the Czech Republic to the European Union

CLASSIFICATION OF EXPENDITURE OR REVENUE

Type of revenue involved

Import duties

4.

4.1

5.

5.3

6.

TYPE OF EXPENDITURE OR REVENUE

–  Will the proposed operation cause any change in the level of revenue? If so, what

sort of change and what type of revenue is involved?

–  The proposed operation will cause a reduction in import duties levied on fish and

fishery products originating in the Czech Republic

7.

7.1

FINANCIAL IMPACT

Method  of  calculating  total  cost  of  operation  (relation  between  individual  and
total costs)

The cost of the operation has been based on trade in 1998, 1999 and 2000. Due to the
unpredictable  levels  of  trade  and  the  varying  rates  of  duty  applied  to  the  products
concerned,  an  average  estimated  duty  level  of  12%  has  been  used  to  calculate  the

8

duty levied in 1998, 1999 and 2000. Import duties levied in 1999 showed a decrease
of  almost  10%  over  1998;  duties  in  2000  showed  an  increase  of  almost  8%  over
1999. No increase in duty level has thus been used to calculate the estimated import
duties foreseen. The estimated duty has been reduced by one third for year one and a
further one third for year two.

As the entry into force of the arrangements is expected to take place in the course of
the year 2001, the estimated cost will be made as though 2001 is  year one, 2002 is
year two, 2003 is year three.

7.2

Itemised breakdown of cost

Breakdown

2001

2001+1

2001+2

Commitment appropriations EUR million (at current prices)

 0.06

 0.04

 Estimated import duties =
(yr 2000)-33.3%=
(0.09)-33.3%

 Estimated import duties =
(yr 2001)-33.3% =
(0.06)-33.3%

Estimated import duties =
2001+2

Total

 0.06

0.04

0

 0

9