2003/18/EC: Council Decision of 19 December 2002 concerning the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions
Date: 2002-12-19
Institutions: Council of the European Union
Subjects: Romania, agricultural product, association agreement (EU), free-trade agreement, import policy, originating product, tariff quota, trade cooperation

L 8/18

EN

Official Journal of the European Communities

14.1.2003

COUNCIL DECISION

of 19 December 2002

concerning the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement
establishing an association between the European Communities and their Member States, of the
one part, and Romania, of the other part, to take account of the outcome of negotiations between
the Parties on new mutual agricultural concessions

(2003/18/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 133, in conjunction with Article
300(2) first subparagraph, first sentence thereof,

Having regard to the proposal from the Commission,

Whereas:

The Europe Agreement
establishing an association
between the European Communities and their Member
the other
the one part, and Romania, of
States, of
part (1), provides for certain reciprocal trade concessions
for certain agricultural products.

Article 21(5) of the Europe Agreement provides that the
Community and Romania is to examine product by
product and on an orderly and reciprocal basis the possi-
bilities of granting each other further concessions.

The first improvements to the preferential arrangements
of the Europe Agreement with Romania were provided
for in the Protocol for the adaptation of the trade aspects
of the Europe Agreement to take into account the acces-
sion of the Republic of Austria, the Republic of Finland
and the Kingdom of Sweden to the European Union and
the results of
the
Uruguay Round, including improvements to the existing
preferential regime, approved by Council Decision 98/
626/EC (2).

the agricultural negotiations of

Improvements to the preferential arrangements were also
provided for as a result of negotiations to liberalise agri-
cultural trade concluded in 2000. On the Community
side,
these were implemented from 1 July 2000 by
Council Regulation (EC) No 2435/2000 of 17 October
2000 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 Romania (3).
This second adjustment of the preferential arrangements
has not yet been incorporated in the Europe Agreement
in the form of an Additional Protocol.

(1)

(2)

(3)

(4)

(5)

(6)

one part, and Romania, of the other part (hereinafter
referred to as the Protocol) should be approved with a
view to consolidating all concessions in agricultural trade
between the two sides, including the results of the nego-
tiations concluded in 2000 and 2002.

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) has codified the manage-
ment
tariff quotas designed to be used
following the chronological order of dates of customs
declarations. Certain tariff quotas under this Decision
should therefore be administered in accordance with
those rules.

rules

for

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (5).

As a result of the aforementioned negotiations, Regula-
tion (EC) No 2435/2000 has been superseded and
should therefore be repealed,

(7)

(8)

(9)

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol adjusting the trade aspects of the Europe Agree-
establishing an association between the European
ment
Communities and their Member States, of the one part, and
Romania, of the other part, to take account of the outcome of
negotiations between the Parties on new mutual agricultural
concessions,
is hereby approved on behalf of the European
Community.

Article 2

Negotiations for further improvements to the preferen-
tial
the Europe Agreement with
Romania were concluded on 18 June 2002.

arrangements of

The President of

is hereby authorised to
the Council
1.
designate the person empowered to sign the Protocol on behalf
of the Community in order to bind the Community.

The new Protocol to the Europe Agreement adjusting
the trade aspects of the Europe Agreement between the
European Communities and their Member States, of the

The President of

the
2.
Community, make the notification of approval provided for in
Article 3 of the Protocol.

the Council shall, on behalf of

(1) OJ L 357, 31.12.1994, p. 2.
(2) OJ L 301, 11.11.1998, p. 1.
(3) OJ L 280, 4.11.2000, p. 17.

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

(EC) No 444/2002 (OJ L 68, 12.3.2002, p. 11).

(5) OJ L 184, 17.7.1999, p. 23.

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L 8/19

Article 3

Article 5

Upon this Decision taking effect,

1.
the arrangements
provided for in the Annexes of the Protocol attached to this
Decision shall replace those referred to in Annexes XI and XII
as referred to in Article 21(2) and (4), as amended, of the
Europe Agreement establishing an association between the
European Communities and their Member States, of the one
part, and Romania, of the other part.

The Commission shall adopt detailed rules for the appli-
in accordance with the procedure

2.
cation of
the Protocol
referred to in Article 5(2).

Article 4

1.
The order numbers as attributed to the tariff quotas in
the Annex to this Decision may be changed by the Commission
in accordance with the procedure referred to in Article 5(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.

2.
Quantities of goods subject to tariff quotas and released
for free circulation as from 1 July 2002 under the concessions
provided for in Annex A(b) to Regulation (EC) No 2435/2000
shall be fully counted against the quantities provided for in the
fourth column in Annex A(b) to the attached Protocol, except
for quantities for which import licences were issued before 1
July 2002.

1.
The Commission shall be assisted by the Management
Committee for Cereals instituted by Article 23 of Council Regu-
lation (EEC) No 1766/92 (1) or, where appropriate, by the
committee instituted by the relevant provisions of the other
Regulations on the common organisation of agricultural
markets.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at one month.

3.

The Committee shall adopt its rules of procedure.

Article 6

Regulation (EC) No 2435/2000 shall be repealed from the entry
into force of the Protocol.

Done at Brussels, 19 December 2002.

For the Council

The President

L. ESPERSEN

(1) OJ L 181, 1.7.1992, p. 21.

L 8/20

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Official Journal of the European Communities

14.1.2003

ANNEX

Order numbers for EU tariff quotas for products originating in Romania

(as referred to in Article 4)

Quota order
No

CN code

09.4598
09.4537

0102 90 05
0102 90 21
0102 90 29
0102 90 41
0102 90 49

Description

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

09.4563

ex 0102 90

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

09.4753

0201
0202

Meat of bovines, fresh, chilled or frozen

09.4756

ex 0203

Meat of domestic swine, fresh, chilled or frozen

09.4765

0206 10 95
0206 29 91
0210 20
0210 99 51

Fresh or chilled edible bovine thick and thin skirt
Frozen edible bovine thick and thin skirt
Meat of bovine animals, salted, in brine, dried or smoked
Thick and thin skirt of bovine animals

09.5855

09.4758

0207

0406

Meat and edible offal, of the poultry of heading No 0105

Cheese and curd

09.6101

0702 00 00

Tomatoes

09.6103

0703 10 19

Onions, other than sets

09.6105

ex 0704 10 00
0704 90 10
0704 90 90

Cauliflower and headed broccoli, from 15 April to 30 November
White cabbages and red cabbages
Other

09.6107

ex 0707 00 05

Cucumbers, from 1 November to 15 May

09.5611

ex 0707 00 05

Cucumbers, from 16 May to 31 October

09.6109

0708 20 00

Beans

09.6111

0709 60 10

Sweet peppers

09.6113

09.4726

09.6119

0710 21 00
0710 22 00
0710 29 00

Peas, frozen
Beans, frozen
other leguminous, frozen

0711 51 00
2003 10 20
2003 10 30

0808 10 20
0808 10 50
0808 10 90

Mushroom of the genus Agaricus

Apples, other than cider apples

09.6121

0809 10 00

Apricots

09.6123

0809 40 05

Plums

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Official Journal of the European Communities

L 8/21

Quota order
No

CN code

Description

09.6125

09.6131

09.4766

09.5871

09.4767

09.5872

09.5873

09.6133

09.6137

09.4751

09.6139

09.4752

09.4768

09.6141

09.6143

09.5545

09.6145

09.5723

09.6149

0810 10 00

Strawberries

0813 10 00
0813 20 00
0813 30 00

Apricots, dried
Plums, dried
Apples, dried

1001

Wheat and meslin

1005 10 90

Maize seed, other than hybrid seed

1005 90 00

Maize, other than seed

1101
1103 11
1103 20 60

Wheat and meslin flour
Wheat groats and meal
Wheat pellets

1107

Malt

Other seeds, fruits and spores

Sunflower-seed oil

Sausages, other than of liver

Prepared or preserved meat of poultry

Preserved meat of domestic swine

1209 29 80
1209 99 91
1209 99 99

1512 11 91
1512 19 91

1601 00 91
1601 00 99

1602 31
1602 32
1602 39

1602 41 10
1602 42 10
1602 49 11
1602 49 13
1602 49 15
1602 49 19
1602 49 30
1602 49 50

1602 50

Prepared or preserved meat or offal of bovine animals

2001 10 00
2001 90 60
2001 90 70
2001 90 75
2001 90 85
2001 90 93
2001 90 96

2002 90 31
2002 90 39
2002 90 91
2002 90 99

2003 10 20
2003 10 30

Cucumbers and gherkins, preserved
Other preserved fruits and vegetables

Preserved tomatoes

Mushrooms of the genus Agaricus

2005 40 00

Peas

Other homogenised preparations
Plum purée and paste
Other preparations

Tobacco

2007 10 99
2007 99 10
2007 99 98

2401 10 60
2401 10 70
2401 20 60
2401 20 70