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

29.10.2002

EN

Official Journal of the European Communities

C 262 E/15

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

(2002/C 262 E/04)

COM(2002) 114 final — 2002/0060(ACC)

(Submitted by the Commission on 6 March 2002)

EXPLANATORY MEMORANDUM

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

Negotiations were held on 18-19 July, 16 November, 7 December 2000 and 8 February 2001. An
addendum to the agreement was signed on 13 July 2001.

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

— One month after the date of entry into force of the agreement, the tariff duties applied on all fish and
fishery products covered by the definition set out in Regulation (EC) No 104/2000, will be reduced by
one-third. One year after entry into force of the agreement, a further one-third reduction will be
applied. Two years after entry into force of the agreement, full free trade of all fish and fishery
products will be applied.

— However, as regards or the products specified in the annex to the attached proposal for a Council
Regulation, one month after the entry into force of the agreement the Community will apply 70 % of
the MFN rate of tariff duties. One year after the entry into force of the agreement, the Community will
apply 40 % of the MFN rate of tariff duties as they were at the time of the entry into force of the
agreement. Two years after entry into force of the agreement, full free trade of all fish and fishery
products will be applied.

— The tariff quotas already granted by the Community to Poland on an autonomous basis will remain
valid until accession. Imports into the Community above the quota quantities will be subject to the
agreed tariff reductions as outlined above.

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 Republic of Poland. 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
Poland 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 Poland 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
Poland. 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 Poland 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 Poland.

C 262 E/16

EN

Official Journal of the European Communities

29.10.2002

THE COUNCIL OF THE EUROPEAN UNION,

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

(8) As far as the management of the tariff quotas 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),

Having regard to the proposal from the Commission,

HAS ADOPTED THIS REGULATION:

Whereas:

Article 1

(1) The Europe Agreement establishing an association between
the European Communities and their Member States, of the
one part, and the Republic of Poland, of the other part (1),
was signed in Brussels in December 1991 and entered into
force in February 1994.

(2) Regulation (EC) No 1798/94 (2), as modified by Regulation
(EC) No 921/96 (3), provides for certain concessions for fish
and fishery products which are listed in Annex IV thereto.

(3) In accordance with the Directives issued by the Council on
29 May 2000, negotiations with Poland on a new
to the Europe Agreement were
Additional Protocol
concluded on 13 July 2001.

(4) The new Additional Protocol, based on Articles 23 and
20(5) 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 Poland.

the agreement

(6) Poland will

take all useful

autonomous basis,
simultaneous
Community provided for in the Additional Protocol.

legislative provisions, on an
in order to enable the reciprocal and
to the

implementation of

concessions

(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

(1) OJ L 348 of 31.12.1993, p. 2.
(2) OJ L 189 of 23.7.1994, p. 1.
(3) OJ L 126 of 24.5.1996, p. 1.

arrangements

the
1.
The
Community of
fish and fishery products originating in
Poland, as set out in Articles 2, 3 and 4 below, shall modify
the Europe Agreement with the Republic of Poland.

importation

into

the

for

to the

implementation measures

Europe Agreement with Poland,

2.
From the date of entry into force of the new Additional
the
Protocol
concessions provided therein shall apply taking account of
adopted by both
the
Parties,
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.

in a reciprocal manner,

in advance of

already

Article 2

As from 1 January 2002,
the Community shall apply a
one-third reduction of the tariff duties applied for fish and
fishery products as defined in Article 1 of Council Regulation
(EC) No 104/2000 (5), other than those mentioned in Articles 3
and 4 below.

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 2004, the Community shall eliminate the
tariff duties on all fish and fishery products, including those
products mentioned in Articles 3 and 4 below.

Article 3

As from 1 January 2002, the Community shall apply a 30 %
reduction of the tariff duties applied to the products mentioned
in the Annex to this Regulation. As from 1 January 2003, the
Community shall apply a further reduction of 30 % of the tariff
duties as they were at
the time this Regulation became
applicable.

(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).

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

29.10.2002

EN

Official Journal of the European Communities

C 262 E/17

Article 4

The tariff quotas mentioned in Annex IV to Regulation (EC) No
1798/94 remain valid until 31 December 2003. For quantities
imported into the Community above these tariff quotas, the
provisions of Article 2 shall apply.

(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 5

The calculation of the reductions mentioned in Articles 2 and 3
will be carried out using common mathematical principles.

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

In particular, the following rules shall apply:

It shall apply from 1 January 2002.

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

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

Article 6

ANNEX

EU Combined
Nomenclature

Description

0302 Fish, fresh or chilled, excluding fish fillets and other fish meat of heading No 0304:

0302 40 00

– Herrings (Clupea harengus, Clupea pallasii), excluding livers and roes

0303 Fish, frozen, excluding fish fillets and other fish meat of heading No 0304:

0303 50 00

– Herrings (Clupea harengus, Clupea pallasii), excluding livers and roes

0304 Fish fillets and other fish meat (whether or not minced), fresh, chilled or frozen:

0304 10 97

– – – – Flaps of herring

– Frozen fillets:

0304 20 75

– – of herring (Clupea harengus, Clupea pallasii)

– Other

0304 90 22

– – – – of herring (Clupea harengus, Clupea pallasii)

0305 Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours,
meals and pellets of fish, fit for human consumption:

0305 42 00

– – Herrings (Clupea harengus, Clupea pallasii)

0305 59 30

– – – Herrings (Clupea harengus, Clupea pallasii)

0305 61 00

– – Herrings (Clupea harengus, Clupea pallasii)

1604 Prepared or preserved fish; caviar and caviar substitutes prepared from fish eggs:

1604 12

– – Herrings