2003/263/EC: Council Decision of 27 March 2003 on the signature and 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 Poland, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions
Date: 2003-03-27
Institutions: Council of the European Union
Subjects: Poland, agricultural product, agricultural trade, association agreement (EU), originating product, tariff preference, tariff quota

15.4.2003

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Official Journal of the European Union

L 97/53

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 27 March 2003

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

(2003/263/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), subparagraph 1, 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 Poland, of
the other part (1) (hereinafter referred to as the Europe
Agreement), provides for certain reciprocal trade conces-
sions for certain agricultural products.

Article 20(5) of the Europe Agreement provides that the
Community and Poland 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
the Europe Agreement were provided for in the
of
Protocol adjusting trade aspects of the Europe Agree-
ment to take account of the accession of 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 agriculture,
including
improvements to the existing preferential arrangements,
approved by Council Decision 2002/63/EC (2).

(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

(5)

(6)

(7)

side, these were implemented from 1 January 2001 by
Regulation (EC) No 2851/2000 establishing certain
concessions in the form of Community tariff quotas for
certain agricultural products and providing for an adjust-
ment, as an autonomous and transitional measure, of
certain agricultural concessions provided for
in the
Europe Agreement with Poland (3). This second adjust-
ment 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
the Europe Agreement were
concluded on 23 December 2002.

arrangements of

The new Additional 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 Poland, of the other part
(hereinafter
should be
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 (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

(1) OJ L 348, 31.12.1993, p. 2.
(2) OJ L 27, 30.1.2002, p. 1.

(3) OJ L 332, 28.12.2000, p. 7.
(4) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regula-

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

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(8)

(9)

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 (1).

As a result of the aforementioned negotiations, Regula-
tion (EC) No 2851/2000 has effectively lost its substance
and should therefore be repealed,

HAS DECIDED AS FOLLOWS:

Article 1

The attached 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 Poland, 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
Community.

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 Committee for
Sugar instituted by Article 42 of Regulation (EC) No 1260/
2001 (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 2

Article 6

is authorised to designate the
The President of the Council
person empowered to sign the Protocol on behalf of
the
Community and make the notification of approval provided for
in Article 3 of the Protocol.

Article 3

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

Regulation (EC) No 2851/2000 shall be repealed as from the
entry into force of the Protocol.

Done at Brussels, 27 March 2003.

For the Council

The President

M. STRATAKIS

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

(2) OJ L 178, 30.6.2001, p. 1. Regulation as amended by Commission

Regulation (EC) No 680/2002 (OJ L 104, 20.4.2002, p. 26).

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ANNEX

Order numbers for EU tariff quotas for products originating in Poland

(as referred to in Article 4)

Quota order No

CN code

Description

09.4598

0102 90 05

Live bovine animals of domestic species 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 domestic species 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

09.4820

0103 92 19

Live swine, domestic species

09.4824

0201
0202

1602 50 10

09.4809

ex 0203

ex 0210

0210 11

0210 12

0210 19

Meat of bovines, fresh, chilled or frozen

Uncooked; mixture of cooked meat or offal and uncooked meat or offal
of bovine animals

Meat of domestic swine, fresh, chilled or frozen,

Meat of swine:

– Ham, shoulders and cuts thereof, with bone in

– Bellies and cuts thereof

– Other

09.5811

ex 0207

Meat and edible offal, of the poultry of heading No 0105, excluding
0207 34, 0207 36 81, 0207 36 85

Skimmed milk powder

Whole milk powder

Whole milk powder

Butter and dairy spreads

09.4813

09.4814

0402 10 19

0402 21 19

0402 21 99

0405 10 11
0405 10 19
0405 10 30
0405 10 50
0405 10 90
0405 20 90

09.4815

0406

Cheese and curd

09.5818

09.5819

0407 00 11
0407 00 19
0407 00 30

0408 91 80

0408 99 80

Poultry eggs, in shell

Birds' eggs, dried

Other whole eggs, not in shell

09.5101

0701 10 00

Seed potatoes

09.5103

0701 90 90

Potatoes

09.5107

0703 10 11

Sets of onion

09.5109

0703 10 19

Onions

09.5113

0703 20 00

Garlic

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Quota order No

CN code

Description

09.5159

0808 10 20
0808 10 50
0808 10 90

Apples

09.5282

0808 20 10

Perry pears, in bulk, 1 August to 31 December

09.4831

ex 1001 90

Wheat and wheat meslin, other than durum wheat excl. CN code
1001 90 10

09.5815

09.4804

09.5816

09.5579

1101 00
1102

Wheat and meslin flour
Cereals flours other than of wheat or meslin

1108 13 00

Potato starch

1210

Hop cones; lupulin

1514 11 10
1514 91 10

Crude rapeseed, colza or mustard oil, other than for human consumption

09.4806

ex 1601 10

ex 1602

1602 41 10
1602 42 10

ex 1602 49

Sausages and similar products of meat, meat offal or blood: food prepara-
tions based on these products but excl. CN code 1601 00 10
Other prepared or preserved meat, meat offal or blood, of swine:
– Domestic swine, hams and cuts thereof
– Domestic swine, shoulders and cuts thereof
– Domestic swine, other, including mixtures excl. CN code 1602 49 90

09.5817

1602 32 11
1602 39 21

Poultry meat of Gallus domesticus, uncooked, processed
Other poultry meat, uncooked, processed

09.5547

1703 90 00

Molasses, other than cane molasses

09.5285

ex 2009 80

Juice of fruit or vegetables, whether or not containing added sugar or
other sweetening matter, excluding CN codes 2009 80 19, 2009 80 38,
2009 80 69, 2009 80 95, 2009 80 96, 2009 80 97 and 2009 80 99

09.5813

ex 2302

Bran, sharps and other residues, excl. CN code 2302 50 00