Proposal for a Council Regulation adopting autonomous measures concerning the importation of fish and fishery products originating in the Czech Republic
Date: 2002-03-06
Institutions: European Commission
Subjects: Czechia, fishery product, fishing agreement, fishing regulations, import, originating product

C 262 E/18

EN

Official Journal of the European Communities

29.10.2002

Proposal for a Council Regulation adopting autonomous measures concerning the importation of
fish and fishery products originating in the Czech Republic

(2002/C 262 E/05)

COM(2002) 115 final — 2002/0056(ACC)

(Submitted by the Commission on 6 March 2002)

EXPLANATORY MEMORANDUM

On 29 May 2000, the Council authorised the Commission to undertake negotiations with the Czech
Republic to liberalise reciprocal trade concessions in fish and fishery products.

Negotiations were held on 20 October 2000 and 27 March 2001. 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:

— At the date of entry into force of the agreement, the Community will eliminate the existing tariff quota
for live trout falling under CN Code 0301 91 90, as provided for in Regulation No 965/97, and the
tariff duties for this product will be eliminated. As regards live carp falling under the CN Code
0301 93 00 the Community will increase the existing tariff quotato to 4 000 tonnes, at the date of
entry into force of the agreement. The following year, the quota will be increased to 4 500 tonnes and
two years after the entry into force of the agreement, the quota will be increased to 5 000 tonnes.
Three years after entry into force of the agreement, the quota for live carp will be eliminated.

— As regards all other fish and fishery products, as covered by the definition set out in Regulation (EC)
No 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 certain fish and fishery products has to be added
to the Europe Agreement between the Community and the Czech Republic. Pending the completion 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 the
Czech Republic 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 the Czech Republic 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 Czech
Republic. 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 the Czech Republic 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 the Czech Republic.

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Official Journal of the European Communities

C 262 E/19

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,

(9) 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 provisions for the implementation of Council
Regulation (EEC) No 2913/92 establishing the Community
Customs Code (4),

Whereas:

(1) 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 (1),
provides
fish and fishery
products, which are referred to in Annex XV thereto.

for certain concessions

for

(2) Annex XV of the Europe Agreement has been replaced by
the text contained in Annex I to the Protocol for the adap-
tation of trade aspects of the Europe Agreement (2).

(3) In accordance with the directives issued by the Council on
29 May 2000, negotiations with the Czech Republic on a
new Additional Protocol to the Europe Agreement were
concluded on 27 March 2001.

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

(5) A swift

implementation of

forms an
essential part of the results of the negotiations for the
conclusion of a new Additional Protocol to the Europe
Agreement with the Czech Republic.

the agreement

(6) The Czech Republic will

take

reciprocal

provisions, on an autonomous basis,
the
and
concessions
Additional Protocol.

simultaneous

to the Community provided for

all useful

legislative
in order to enable
implementation of
in the

(7) It is therefore appropriate for the Community to adopt
concessions
to the

introducing
in the new Additional Protocol

autonomous measures
provided for
Europe Agreement.

the

(8) In order to implement the terms of the agreement, Council
Regulation (EC) No 965/97 opening and providing for the
management of autonomous Community tariff quotas for
certain live fish originating in the Czech Republic (3) shall
be modified.

(1) OJ L 360, 31.12.1994, p. 2.
(2) OJ L 341, 16.12.1998, p. 3.
(3) OJ L 141, 31.5.1997, p. 1.

HAS ADOPTED THIS REGULATION:

Article 1

for

arrangements

the
1.
The
fish and fishery products originating in the
Community of
Czech Republic, as set out
in Articles 2, 3 and 4 below,
shall modify the Europe Agreement establishing an association
between the European Communities and the Czech Republic.

importation

into

the

2.
From the date of entry into force of the new Additional
Protocol to the Europe Agreement with the Czech Republic,
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.

Article 2

On 1 January 2002, the Community shall eliminate the tariff
quota for live trout (Salmo trutta, Oncorhynchus mykiss, Oncor-
clarki, Oncorhynchus aguabonita, Oncorhynchus gilae)
hynchus
in
falling under CN code 0301 91 90 as provided for
Regulation (EC) No 965/97. As from that date,
the tariff
duty for that product shall be eliminated.

Article 3

On 1 January 2002, the annual volume of the tariff quota with
order number 09.5263, as provided for in Regulation (EC)
No 965/97 for live carp falling under CN code 0301 93 00,
shall be increased to 4 000 tonnes.

On 1 January 2003 the volume of this quota shall be increased
to 4 500 tonnes.

On 1 January 2004 the volume of the quota shall be increased
to 5 000 tonnes.

For quantities imported into the Community above these tariff
quotas, the provisions of Article 4 shall apply.

(4) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 993/2001 (OJ L 141, 28.5.2001, p. 1).

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Official Journal of the European Communities

29.10.2002

Article 4

As from 1 January 2002,
the Community shall apply a
one-third reduction of the tariff duties on all other fish and
fishery products, as defined in Article 1 of Council Regulation
(EC) No 104/2000 (1).

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.

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

Article 5

(a) all the figures which have less than 50 (included) after the
decimal point shall be rounded down to the nearest whole
number;

(b) all the figures which have more than 50 after the decimal
point shall be rounded up to the nearest whole number;

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

Article 6

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

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

It shall apply from 1 January 2002.

In particular, the following rules shall apply:

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

(1) OJ L 17, 21.1.2000, p. 22.