2003/463/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 Estonia, 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: Estonia, agricultural product, agricultural trade, association agreement (EU), import policy

25.6.2003

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Official Journal of the European Union

L 156/31

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 Estonia, of the other part, to take account of the outcome of negotia-
tions between the parties on new mutual agricultural concessions

(2003/463/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Whereas:

(1)

(2)

(3)

(4)

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

Article 19(4) of the Europe Agreement provides that the
Community and Estonia are to examine product by
product and on an orderly and reciprocal basis the possi-
bilities of granting each other further concessions.

to take account of

The first improvements to the preferential arrangements
of the Europe Agreement with Estonia were provided for
in the Protocol adjusting trade aspects of the Europe
Agreement
the
Republic of Austria, the Republic of Finland and the
Kingdom of Sweden to the European Union and the
outcome of the Uruguay Round negotiations on agricul-
ture, including improvements to the existing preferential
arrangements, approved by Council Decision 1999/86/
EC (2).

the accession 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 1349/2000 of 19 June
2000 establishing certain concessions in the form of
Community tariff quotas for certain agricultural products
and providing for an adjustment, as an autonomous and

(1) OJ L 68, 9.3.1998, p. 3.
(2) OJ L 29, 3.2.1999, p. 9.

(5)

(6)

(7)

transitional measure, of certain agricultural concessions
provided for in the Europe Agreement with Estonia (3).
This second adjustment of the preferential arrangements
has not yet been incorporated in the Europe Agreement
in the form of an Additional Protocol.

Negotiations for further improvements to the preferen-
tial arrangements of the Europe Agreement with Estonia
were concluded on 31 January 2002. The results of the
negotiations have so far been implemented in the form
of autonomous measures, applicable as from 1 July
autonomous
2002. On the Community side,
measures were implemented by Council Regulation (EC)
No 1151/2002 (4).

the

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 Estonia, 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)

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 (5) 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

(3) OJ L 155, 28.6.2000, p. 1. Regulation as last amended by Regula-

tion (EC) No 2677/2000 (OJ L 308, 8.12.2000, p. 7).

(4) OJ L 170, 29.6.2002, p. 15.
(5) 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).

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Official Journal of the European Union

25.6.2003

(8)

(9)

The measures necessary for the implementation of this
Decision should be adopted in accordance with Decision
1999/468/EC of 28 June 1999 laying down the proce-
dures for the exercise of implementing powers conferred
on the Commission (1).

As a result of the aforementioned negotiations, Regula-
tion (EC) No 1151/2002 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 Estonia, 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 the Council is authorised to designate
1.
the person empowered to sign the Protocol 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

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 (2) 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

Article 3

Regulation (EC) No 1151/2002 shall be repealed from the entry
into force of the Protocol.

Upon this Decision taking effect,

the arrangements
1.
provided for in the Annexes of the Protocol attached to this
Decision shall replace those referred to in Annex Va as referred
to in Article 19(2), 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
Estonia, of the other part.

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

Done at Brussels, 18 March 2003.

For the Council

The President

G. PAPANDREOU

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

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

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ANNEX

Order numbers for EU tariff quotas for products originating in Estonia

(as referred to in Article 4)

Quota order No

CN code

Description

09.4598

09.4537

0102 90 05

Live bovine animals of domestic species of a live weight not exceeding 80 kg

Live bovine animals of domestic species of a live weight exceeding 80 kg but not
exceeding 300 kg

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

09.4563

ex 0102 90

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

09.4851

0201

0202

Meat of bovine animals, fresh or chilled

Meat of bovine animals, frozen

1602 50 10

Uncooked; mixtures of cooked meat or offal and uncooked meat or offal of other
prepared or preserved meat of bovine animals

09.4583

ex 0203

Meat of domestic swine, fresh, chilled or frozen, excluding CN codes 0203 11 90,
0203 12 90, 0203 19 90, 0203 21 90, 0203 22 90, 0203 29 90

09.4852

0206 10 95
0206 29 91

09.6649

ex 0207

Thick skirt and thin skirt of bovine animals, fresh, chilled or frozen

Meat and edible offal, of the poultry of heading No 0105, fresh, chilled or frozen,
excluding CN codes 0207 13 91, 0207 14 91, 0207 26 91, 0207 27 91,
0207 34 10, 0207 34 90, 0207 35 91, 0207 36 81, 0207 36 85, 0207 36 89

09.4853

09.4578

0210 19

Meat of swine, salted or in brine, dried or smoked, other

0401

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

09.4546

0402 10 19

Skimmed milk powder

0402 21 19 Whole milk powder

Yoghurt, not flavoured nor containing added fruit, nuts or cocoa: Not containing
added sugar or other sweetening matter, with a fat content, by weight:

09.4579

0403 10 11

Not exceeding 3 %

0403 10 13

Exceeding 3 % but not exceeding 6 %

0403 10 19

Exceeding 6 %

Other, of a fat content, by weight

0403 10 31

Not exceeding 3 %

0403 10 33

Exceeding 3 % but not exceeding 6 %

0403 10 39

Exceeding 6 %

09.4580

0403 90 59

Sour cream, of a fat content, by weight exceeding 6 %

0403 90 61

Sour cream, of a fat content, by weight not exceeding 3 %

0403 90 63

Sour cream, of a fat content, by weight exceeding 3 % but not exceeding 6 %

0403 90 69

Sour cream, of a fat content, by weight exceeding 6 %

09.4547

0405 10 11
0405 10 19

Butter

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Official Journal of the European Union

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Quota order No

CN code

Description

09.4582

0406 10

Fresh (unripened or uncured) cheese, including whey cheese, and curd

09.4581

09.6650

Other cheese

Poultry eggs

0406 20
0406 30
0406 40
0406 90

0407 00 11
0407 00 19
0407 00 30

09.6651

ex 0408

Birds' eggs, not in shell, and egg yolks, fresh, dried, cooked by steaming or by
frozen or otherwise preserved, whether or not
boiling in water, moulded,
containing added sugar or other
sweetening matter, excluding CN codes
0408 11 20, 0408 19 20, 0408 91 20, 0408 99 20

09.6603

0703 20 00

Garlic

09.6454

0704 10 00

Cauliflowers and headed broccoli

0704 90 10 White cabbages and red cabbages

09.6605

0808 10

Apples, fresh

09.6609

0810 30

Black-, white- or red currants and gooseberries

09.6467

0811 10 11

Strawberries, frozen, containing added sugar or other sweetening matter with a
sugar content exceeding 13 % by weight

09.6611

0811 20 11

Raspberries, blackberries, mulberries, loganberries, black-, white- or redcurrants
and gooseberries, frozen, with a sugar content exceeding 13 % by weight

09.6641

ex 1001

Wheat and meslin, excluding CN code 1001 90 10

09.6642

1002

Rye

09.6643

1003 00 10

Barley, seed

ex 1003 00 90

Barley, excluding barley for production of malt

09.4588

1004 00

Oats

09.6644

1101

Wheat or meslin flour

09.6645

ex 1102

Cereals flours other than of wheat or meslin, excluding CN code 1102 90 90

09.6646

ex 1103

Cereal groats, meal and pellets, excluding CN codes 1103 19 90 and 1103 20 90

09.6647

1108 13

Potato starch

09.4584

ex 1601 00

Sausages and similar products, of meat offal or blood, excluding CN code
1601 00 10

ex 1602 41

Other prepared or preserved meat, meat offal or blood: of swine:
Hams and cuts thereof, excluding CN code 1602 41 90

ex 1602 42

Other prepared or preserved meat, meat offal or blood: of swine
Shoulders and cuts thereof, excluding CN code 1602 42 90

ex 1602 49

Other prepared or preserved meat, meat offal or blood: of swine:
Other, including mixtures, excluding CN code 1602 49 90

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Quota order No

CN code

Description

09.6652

1602 32 11 Other prepared or preserved meat, meat offal or blood: of poultry of heading

0105: of fowls of the species Gallus domesticus, uncooked

1602 39 21 Other prepared or preserved meat, meat offal or blood: of poultry of heading
0105: Other than of fowls of the species Gallus domesticus, uncooked

09.6470

2207 10 00

Undenatured ethyl alcohol of an alcoholic strength by volume of 80 % vol. or
higher

09.6648

ex 2309

Preparations of the kind used in animal feeding, excluding CN code 2309 10 51,
2309 10 90, 2309 90 10, 2309 90 20, 2309 90 31, 2309 90 41, 2309 90 51,
2309 90 91