2003/285/EC: Council Decision of 18 March 2003 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 the Republic of Hungary, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions
Date: 2003-03-18
Institutions: Council of the European Union
Subjects: Hungary, agricultural product, association agreement (EU), customs duties, import policy, tariff quota

L 102/32

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Official Journal of the European Union

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 18 March 2003

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 the Republic of Hungary, of the other part, to take account of the outcome of nego-
tiations between the parties on new mutual agricultural concessions

(2003/285/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:

(1)

(2)

(3)

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

Article 20(5) of the Europe Agreement provides that the
Community and Hungary shall 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 Hungary 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 arrangements, approved by Decision 1999/
67/EC (2).

the agricultural negotiations of

(4)

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
these were implemented from 1 July 2000 by
side,

(5)

(6)

for

Regulation (EC) No 1727/2000 of 31 July 2000 estab-
lishing certain concessions in the form of Community
certain agricultural products and
tariff quotas
providing for an adjustment, as an autonomous and
transitional measure, of certain agricultural concessions
provided for in the Europe Agreement with Hungary (3).
This second adjustment of the preferential arrangements
has not yet been incorporated in the Europe Agreement
in the form of an Additional Protocol.

arrangements of

Negotiations for further improvements to the preferen-
tial
the Europe Agreement with
Hungary were concluded on 25 April 2002. The results
of the negotiations have so far been implemented by the
respective parties in the form of autonomous measures.
On the Community side, the autonomous measures were
implemented by Council Regulation (EC) No 1408/2002
of 29 July 2002 establishing 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 Hungary (4).
Similar legislative measures were adopted and imple-
mented by the Republic of Hungary.

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
one part, and the Republic of Hungary, of the other part
should be
(hereinafter
approved with a view to consolidating all concessions in
agricultural trade between the two sides, including the
results of the negotiations concluded in 2000 and 2002.

referred to as

the Protocol)

(1) OJ L 347, 31.12.1993, p. 2.
(2) OJ L 28, 2.2.1999, p. 1.

(3) OJ L 198, 4.8.2000, p. 6.
(4) OJ L 205, 2.8.2002, p. 9.

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L 102/33

(7)

(8)

(9)

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 (1) 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 (2).

As a result of the aforementioned negotiations, Regula-
tion (EC) No 1408/2002 has been superseded and
should therefore be repealed,

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol adjusting the trade aspects of the Europe Agree-
ment
establishing an association between the European
Communities and their Member States, of the one part, and the
Republic of Hungary, 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

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 President of

2.
the
Community, make the notification of approval provided for in
Article 4 of the Protocol.

the Council shall, on behalf of

referred to in Article 20(2) and 20(3), as amended, of the
Europe Agreement establishing an association between the
European Communities and their Member States, of the one
part, and the Republic of Hungary, of the other part.

The Commission shall adopt detailed rules for the application
of the Protocol in accordance with the procedure referred to in
Article 5(2).

Article 4

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 adminis-
tered by the Commission in accordance with Articles 308a,
308b and 308c of Regulation (EEC) No 2454/93.

Article 5

1.
The Commission shall be assisted by the Management
Committee for Cereals instituted by Article 23 of Regulation
(EEC) No 1766/92 (3) 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 1408/2002 shall be repealed from the entry
into force of the Protocol.

Done at Brussels, 18 March 2003.

Article 3

Upon this Decision taking effect, the arrangements provided
for in the Annexes to the Protocol attached to this Decision
shall replace those referred to in Annexes VIII and IX as

For the Council

The President

G. PAPANDREOU

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

tion (EC) No 444/2002.
(2) OJ L 184, 17.7.1999, p. 23.

(3) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regula-

tion (EC) No 1666/2000 (OJ L 193, 29.7.2000, p. 1).

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ANNEX

Order numbers for EU tariff quotas for products originating in Hungary

(as referred to in Article 4)

Quota order No

CN code

Description

09.4598

0102 90 05

Live bovine animals of a live weight not exceeding 80 kg

09.4537

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

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

09.4707

0201
0202

Meat of bovine animals, fresh, chilled or frozen

09.4708

ex 0203

Meat of domestic swine, fresh, chilled or frozen

09.4774

0206 10 95

Edible offal of bovine animals, fresh or chilled, thick skirt and thin skirt

0202 29 91

Edible offal of bovine animals, frozen, other, thick skirt and thin skirt

0210 20 10
0210 20 90

Meat of bovine animals, salted, in brine, dried or smoked

0210 99 51

Thick skirt and thin skirt of bovine animals

0210 99 59

Other offal of bovine animals

0210 99 90

Edible flours and meals of meat or meat offal

09.5861

0207 11 30
0207 11 90
0207 12

0207 13 50
0207 14 50

0207 13 60
0207 14 60

0207 13 10
0207 14 10

0207 26 10
0207 27 10

0207 26 50
0207 27 50

0207 32 11
0207 32 15
0207 32 19
0207 33 11
0207 33 19

ex 0207 35 15
ex 0207 36 15

ex 0207 35 53
ex 0207 36 53

ex 0207 35 63
ex 0207 36 63

Chicken carcasses

Breasts of chicken

Legs of chicken

Boneless cuts of chicken

Boneless cuts of turkey

Breasts of turkey

Ducks

Cuts of ducks, boneless

Breasts and cuts thereof of ducks, with bone-in

Legs and cuts thereof of ducks, with bone-in

ex 0207 35 79
ex 0207 36 79

Breasts and cuts thereof of ducks, the ribs of which have been partially or
completely removed

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Quota order No

CN code

Description

0207 32 51
0207 32 59
0207 33 51
0207 33 59
0207 35 11
0207 35 23
0207 35 51
0207 35 61
0207 36 11
0207 36 23
0207 36 51
0207 36 61

ex 0207 35 31
ex 0207 36 31

ex 0207 35 41
ex 0207 36 41

ex 0207 35 71
ex 0207 36 71

Geese

Whole wings of geese, with or without tips

Backs, necks, backs with necks attached, rumps and wing tips of geese

Paletots of geese

ex 0207 35 79
ex 0207 36 79

Breasts and cuts thereof of geese, the ribs of which have been partially or
completely removed

09.4704

0210 11 11
0210 12 11
0210 19 40
0210 19 51

Meat of domestic swine, salted or in brine

09.5501

ex 0210 99 39
ex 0210 99 80

Poultry, dried or smoked

09.4775

0401

Milk and cream, not concentrated, nor containing added sugar or other sweet-
ening matter

0402

Milk and cream, concentrated or containing added sugar or other sweetening
matter

09.4776

0403 10 11 to
0403 10 39

Yoghurt, not flavoured nor containing added fruit, nuts or cocoa

0403 90 11 to
0403 90 69

Buttermilk, curled milk and cream, kephir and other fermented or acidified
milk and cream, not flavoured nor containing added fruit, nuts or cocoa

09.4777

0404

Whey, whether or not concentrated or containing added sugar or other
sweetening matter; products consisting of natural milk constituents; whether
or not containing added sugar or other sweetening matter, nor elsewhere
specified or included

09.4778

0405 10

Butter

0405 20 90

Dairy spreads of a fat content, by weight of > 75 % but < 80 %

0405 90

Other fats and oils derived from milk

09.4733

0406

Cheese and curd

09.5866

0407 00 30

Eggs of poultry in shell, not for hatching

09.5867

0408 91 80

Eggs, dried, for human consumption

09.5503

ex 0702 00 00

Tomatoes, from 1 to 31 October

09.5105

0703 10 11
0703 10 19

Onions

09.5557

0704 90 10

White cabbages and red cabbages

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Quota order No

CN code

Description

09.5127

ex 0707 00 05

Cucumbers, from 1 November to 15 May

09.5141

0710 21 00

Peas, frozen

09.5149

0710 80 95

Other vegetables, frozen

09.5151

0710 90 00

Mixtures of vegetables, frozen

09.511

ex 0806 10 10

Table grapes from 15 July to 31 October

09.5571

0807 11 00
0807 19 00

Melons, including watermelons

09.5157

0808 10 10

Cider apples, in bulk from 16 September to 15 December

09.5159

09.5513

09.5865

0808 10 20
0808 10 50
0808 10 90

0808 20 10
0808 20 50

0812 90 30
0812 90 99

Apples, other than cider apples

Pears

Papaws (papayas) and other fruit and nuts, provisionally preserved

09.5575

0904 20 10

Sweet peppers, neither crushed or ground

09.4779

1001

1101

Wheat and meslin

Wheat or meslin flour

1103 11 10

Durum wheat groats and meal

1103 11 90

Common wheat and spelt groats and meal

1103 20 60

Wheat pellets

09.5862

1002 00 00

Rye

1102 10 00

Rye flour

1103 19 10

Rye groats and meal

1103 20 10

Rye pellets

09.5863

1003

Barley

1102 90 10

Barley flour

1103 19 30

Barley groats and meal

1103 20 20

Barley pellets

09.5864

1004 00 00

Oats

1102 90 30

Oat flour

1103 19 40

Groats and meal of oats

1103 20 30

Pellets of oats

09.4780

1005 10 90

Other than hybrid maize seed

1005 90 00

Maize other than seed

1102 20 10

1102 20 90

1103 13 10
1103 13 90

Maize flour with fat content of ≤ 1,5 % by weight

Maize flour with fat content of > 1,5 % by weight

Groats and meal of maize

1103 20 40

Maize pellets

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Quota order No

CN code

Description

09.5297

1109 00 00

Wheat gluten

09.4727

1501 00 19

Pig fat (including lard), other

09.5172

09.5173

09.5174

09.4705

09.4706

09.5705

09.5298

09.5177

09.5179

1512 11 10

1512 11 91

1512 19 10

1601 00 91
1601 00 99

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 10
1602 50 31
1602 50 39
1602 50 80

1702 30
1702 40

2002 90 31
2002 90 39

2002 90 91
2002 90 99

Sunflower seed oil

Sausages, dry or other

Other preparations, preserved meat of domestic swine

Other prepared or preserved meat or meat offal of bovine animals

Glucose and glucose syrup

Preserved tomatoes

Preserved tomatoes

09.5521

2005 40 00

Peas ‘Pisum sativum’ prepared or preserved otherwise than by vinegar or acetic
acid (excluding frozen)

09.5181

2005 90 75

Sauerkraut

09.5189

ex 2007 99 31

Sour cherry jam

09.5205

Strawberry jam

Raspberry jam

Fruit juice

2007 99 33

2007 99 35

2009 80 11
2009 80 32
2009 80 33
2009 80 35
2009 80 61
2009 80 83
2008 80 84
2009 80 86

09.5299

2303 10 11

Residues of starch from maize

09.5716

ex 2309 10

Dog or cat food, put up for retail sale excluding CN codes 2309 10 11,
2309 10 31, 2309 10 51, 2309 10 90

09.5207

2401 10
2401 20

Tobacco