Proposal for a Council Regulation adopting autonomous measures concerning the importation of fish and fishery products originating in the Republic of Lithuania
Date: 2002-02-08
Institutions: European Commission
Subjects: Lithuania, fishery product, import (EU), originating product, tariff preference, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 08.02.2002
COM(2002) 3-5 final

2002/0012 (ACC)

Proposal for a

COUNCIL REGULATION

adopting autonomous measures concerning the importation of fish and fishery products
originating in the Republic of Slovenia

(presented by the Commission)

EXPLANATORY MEMORANDUM

On 29 May 2000, the Council authorised the Commission to undertake negotiations on behalf
of  the  Community  with  the  Republic  of  Slovenia  to  liberalise  reciprocal  trade  in  fish  and
fishery products.

Negotiations were held on 28-29 August 2000 and 28 November 2000.

The  two  parties  agreed  on  a  model  for  simple,  gradual  and  reciprocal  tariff  concessions,
whose details have been recorded in the Agreed Minutes signed by each head of delegation.
The main commitments made by the Community as a result of the conclusion of negotiations
are as follows:

The  Community  will  eliminate  all  tariff  duties  for  the  products  covered  by

-
Annex VIII (a) of the Europe Agreement, upon entry into force of the agreement.

-
As  regards  prepared  or  preserved  sardines  falling  under  CN  Codes  1604 13 11  and
1604 13 19,  the  Community  will  establish  a  tariff  quota  of  100 tonnes,  at  4%,  covering  the
first 12 months of the agreement. For the quantity above the quota a one-third reduction of the
applicable  tariffs  will  be  applied.  After  the  12-month  period,  the  4%  duty  rate  shall  remain
applicable for a further 24 months.

-
As regards all other fish and fishery products, as covered by the definition set out in
Regulation (EC) N° 104/2000, the  Community  will  apply a  one-third  reduction  of  the  tariff
duties at the date of entry into force of the agreement. The following year a further reduction
of one-third will be applied. Three years after the date of entry into force of the agreement, the
Community shall eliminate all tariff duties on fish and fishery products.

A Protocol laying down  the new  trade arrangements for  fish  and  fishery  products  has  to  be
added  to  the  Europe  Agreement  between  the  Community  and  Slovenia.  Pending  the
completing of internal procedures required for the entry into force of the additional Protocol,
it  is  proposed  that,  through  a  Council  Regulation,  the  Community  adopts  autonomous
measures enabling the concessions made to Slovenia to apply as early as 1 January 2002.  A
swift  implementation  of  the  agreement  is  desirable  in  order  to  introduce  the  gradual
liberalisation  of  trade  in  fish  and  fishery  products  and  to  give  a  positive  political  sign  to
Slovenia in the context of the accession process.

The adoption of the proposed autonomous measures will bring forward the effective starting
date  for  the  gradual  liberalisation  of  trade  in  fish  and  fishery  products  between  the
Community  and  the  Republic  of  Slovenia.  It  is  therefore  necessary  to  ensure  that  this
circumstance  is  taken  into  account  at  the  time  when  the  new  Additional  Protocol  to  the
Europe  Agreement  enters  into  force.  For  this  purpose,  the  conclusion  of  an  interpretative
Exchange of Letters with Slovenia will be proposed shortly.

In light of the above, the Council is requested to adopt the attached Regulation implementing,
on an autonomous basis, the concessions agreed between the Community and Slovenia.

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2002/0012 (ACC)

Proposal for a

COUNCIL REGULATION

adopting autonomous measures concerning the importation of fish and fishery products
originating in the Republic of Slovenia

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)

(5)

(6)

(7)

The  Europe  Agreement  establishing  an  association  between 
the  European
Communities and their Member States, of the one part, and the Republic of Slovenia,
of the other part1, provides for certain concessions for fish and fishery products, which
are listed in its annexes VIII a) and VIII b).

In accordance with the directives issued by the Council on 29 May 2000, negotiations
with Slovenia on a new Additional Protocol to the Europe Agreement were concluded
on 28 November 2000.

The new Additional Protocol, based on Article 21(5) and Article 24(1) of the Europe
Agreement, provides for further concessions on fish and fishery products.

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

Slovenia will take all useful legislative provisions, on an autonomous basis, in order to
enable  the  reciprocal  and  simultaneous  implementation  of  concessions  to  the
Community provided for in the Additional Protocol.

It  is  therefore  appropriate  for  the  Community  to  adopt  autonomous  measures
introducing the concessions provided for in the new Additional Protocol to the Europe
Agreement.

As far as the management of the tariff quota is concerned, it is appropriate to follow
the chronological order of dates of acceptance of customs declarations in accordance
with  Commission  Regulation  (EEC)  No 2454/93  of  2 July 1993  laying  down

1 OJ L 51, 26.2.1999, p.3.

3

                                                
provisions  for  the  implementation  of  Council  Regulation  (EEC)  No 2913/92
establishing the Community Customs Code2

HAS ADOPTED THIS REGULATION:

Article 1

1.

2.

The  arrangements  for  the  importation  into  the  Community  of  fish  and  fishery
products  originating  in  the  Republic  of  Slovenia,  as  set  out  in  Articles  2,  3  and  4
below, shall modify the Europe Agreement with the Republic of Slovenia.

From  the  date  of  entry  into  force  of  the  new  Additional  Protocol  to  the  Europe
Agreement  with  Slovenia,  the  concessions  provided  therein  shall  apply  taking
account  of  the  implementation  measures  already  adopted  by  both  Parties,  in  a
reciprocal  manner,  in  advance  of  that  date.  Accordingly,  on  the  date  of  entry  into
force  of  the  Additional  Protocol,  its  provisions  shall  replace  and  supersede  the
relevant provisions of this Regulation.

As from 1 January 2002, the Community shall eliminate  the tariff  duties on all the  products
covered by Annex VIII (a) of the Europe Agreement with Slovenia..-

Article 2

Article 3

From  1 January  until  31 December 2002  the  Community  shall  establish  for  prepared  or
preserved  sardines  falling  under  CN  Codes  1604 13 11  and  1604 13 19  a  tariff  quota  with
order number 09.1751 of 100 tonnes at 4% duty. For quantities imported into the Community
above the tariff quota, the provisions of Article 4 shall apply.

This tariff quota shall be managed by the Commission in accordance with Articles 308a and
308b of Regulation (EC) No 2454/93.

From  1 January 2003  until  31 December 2004  the  4%  duty  rate  shall  remain  applicable
without any quantitative limitation.

Article 4

As from 1 January 2002, the Community shall apply a one-third reduction of the tariff duties
applied  to  all  other  fish  and  fishery  products,  as  defined  in  Article 1  of  Council  Regulation
(EC) No 104/20003.

As from 1 January 2003, the Community shall apply a further one-third reduction of the tariff
duties as they were at the time this Regulation became applicable.

2 OJ L 253, 11.10.1993, p.1. Regulation as last amended by Regulation (EC) No 993/201 (OJ L 141, 28.5.2001,

p.1.

3 OJ L 17, 21.1.2000, p.22.

4

                                                
As  from  1  January  2005,  the  Community  shall  eliminate  the  tariff  duties  on  all  fish  and
fishery products.

Article 5

The  calculation  of  the  reductions  mentioned  in  Articles 3  and  4  will  be  carried  out  using
common mathematical principles.

In particular, the following rules shall apply:

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

(a)
rounded down to the nearest whole number;

all the figures which have more than 50 after the decimal point shall be rounded up to

(b)
the nearest whole number;

(c)

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

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

Article 6

It shall apply from 1 January 2002.

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

Done at Brussels,

For the Council
The President

5

FINANCIAL STATEMENT

1.

TITLE OF OPERATION

Proposal to adopt autonomous measures bringing forward in time the application of
the  provisions  of  an  Additional  Protocol  to  the  Europe  Agreement  with  Slovenia
laying  down  the  trade  arrangements  for  fish  and  fishery  products.  Reciprocal
concessions have been agreed and will be implemented over a period of three years,
leading to full liberalisation of trade in the products concerned.

2.

BUDGET HEADING(S) INVOLVED

Chapter 12, Article 120

3.

LEGAL BASIS

4.

4.1

5.

5.1

Article 133 of the Treaty establishing the European Community

DESCRIPTION OF OPERATION

General objective

Full  trade  liberalisation  in  fish  and  fishery  products  in  preparation  for  accession  of
Slovenia to the European Community.

CLASSIFICATION OF EXPENDITURE OR REVENUE

Type of revenue involved

Import duties

6.

TYPE OF EXPENDITURE OR REVENUE

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

fishery products originating in Slovenia.

–  However,  the  operation  will  also  cause  a  reduction  in  import  duties  paid  by  the

Community’s operators when exporting fishery products to Slovenia.

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

6

duty levied in 1998, 1999 and 2000. Import duties levied in 1999 showed an increase
of  almost  30%  over  1998;  duties  in  2000  showed  a  decrease  of  almost  46%  over
1999.  An  average  increase  in  duty  level  of  8%  has  thus  been  used  to  calculate  the
estimated import duties foreseen.  This  has  then  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

2002

2002+1

2002+2

Commitment appropriations EUR million (at current prices)

 0.27

 0.14

 Estimated import duties =
(yr 2000 x 8%)-33.3% =
(0.27 x 8%)-33.3%

 Estimated import duties =
(yr 2002 x 8%)-33.3% =
(0.2 x 8%)-33.3%

Estimated import duties =
2002+2

Total

 0.27

 0.14

0

 0

7