2003/286/EC: Council Decision of 8 April 2003 on 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 Bulgaria, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions
Date: 2003-04-08
Institutions: Council of the European Union
Subjects: Bulgaria, agricultural product, association agreement (EU), customs duties, import policy, tariff quota

L 102/60

EN

Official Journal of the European Union

24.4.2003

COUNCIL DECISION

of 8 April 2003

on 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 Bulgaria, of the other part, to take account of the outcome of negotiations between
the Parties on new mutual agricultural concessions

(2003/286/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)

(4)

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

Article 21(5) of the Europe Agreement provides that the
Community and Bulgaria shall 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 Bulgaria were provided
for in the Protocol adjusting trade aspects of the Europe
the
Agreement
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 1999/278/
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 2290/2000 of 9 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 Bulgaria (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) OJ L 358, 31.12.1994, p. 3.
(2) OJ L 112, 29.4.1999, p. 1.
(3) OJ L 262, 17.10.2000, p. 1.

(5)

(6)

(7)

(8)

(9)

Negotiations for further improvements to the preferen-
tial
the Europe Agreement with
Bulgaria were concluded on 18 October 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 the Republic of Bulgaria, 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 negotiations 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 2290/2000 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 Bulgaria, 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.

(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).

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

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L 102/61

Article 2

The President of the Council is hereby authorised to designate
the 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

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 X and XI as
referred to in Article 21(2) and 21(3) of the Europe Agreement
establishing an association between the European Communities
and their Member States, of the one part, and the Republic of
Bulgaria, 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).

fourth column in Annex A(b) to the attached Protocol, except
for quantities for which import licences were issued before 1
July 2002.

Article 5

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 4

Article 6

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.

Quantities of goods subject to tariff quotas and released
2.
for free circulation as from 1 July 2002 under the concessions
provided for in Annex A(b) to Regulation (EC) No 2290/2000
shall be fully counted against the quantities provided for in the

Regulation (EC) No 2290/2000 shall be repealed as from the
entry into force of the Protocol.

Done at Luxembourg, 8 April 2003.

For the Council

The President

G. DRYS

(1) 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).

L 102/62

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Official Journal of the European Union

24.4.2003

ANNEX

Order numbers for EU tariff quotas for products originating in Bulgaria

(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

09.4651

0201
0202

Meat of bovines, fresh, chilled or frozen

09.4671

ex 0203

Meat of domestic swine, fresh, chilled or frozen

0210 11
0210 12
0210 19

1601 00

1602 41
1602 42
1602 49

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

Sausages and similar products

Prepared or preserved meat, meat offal or blood of swine

09.5854

ex 0207

Meat and edible offal, of the poultry of heading 0105, excluding 0207 27 91,
0207 35 91, 0207 36 89

09.4675

Yoghurt

0403 10 11
0403 10 13
0403 10 19
0403 10 31
0403 10 33
0403 10 39

09.4660

0406

Cheese and curd

09.5891

0407 00 30

Eggs of poultry, in shell, not for hatching

09.6223

0701 90 50
0701 90 90

Potatoes

09.6225

0702 00 00

Tomatoes

09.6231

0707

Cucumbers and gherkins, fresh or chilled

09.6233

0709 60 10

Sweet peppers

09.5892

0709 90 70

Courgettes

09.6161

09.4725

0710 21 00
0710 22 00
0710 29 00
0710 80 51
0710 80 69
0710 80 95

0711 51 00
2003 10 20
2003 10 30

Frozen vegetables

Mushrooms of the genus Agaricus

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L 102/63

Quota order No

CN code

Description

09.6245

0806 10

Fresh grapes

09.6247

0808 10

Apples

09.6249

0808 20 10
0808 20 50

Pears

09.6253

0809 10 00

Apricots

09.5731

0809 20
0811 90 75
0811 90 80

Cherries

09.6255

0809 30

Peaches

09.6162

0809 40 05

Plums

09.6261

0810 10 00

Strawberries, fresh

09.5573

0812 90 10

Apricots, provisionally preserved

09.4676

1001

Wheat and meslin

1109 00 00

Wheat gluten

09.5893

1002 00 00

Rye

1102 10 00

Rye flour

1103 19 10

Rye groats and meal

1103 20 10

Rye pellets

09.5894

1003

Barley

1102 90 10

Barley flour

1103 19 30

Barley groats and meal

1103 20 20

Barley pellets

09.5895

1004

Oats

1102 90 30

Oat flour

1103 19 40

Oats groats and meal

1103 20 30

Oats pellets

1005 10 90
1005 90 00

Maize

1512 11 10
1512 11 91
1512 19 10
1512 19 91

1602 32
1602 39

Sunflower-seed or safflower oil and fractions thereof

Prepared or preserved meat of poultry

09.4677

09.6275

09.6277

09.5896

1603 00 10

Extracts and juices, in packings of 1 kg or less

09.6279

2001 10 00

Cucumbers, preserved

09.5897

2001 90 70

Sweet peppers, preserved

09.6281

2002

Preserved or prepared tomatoes

L 102/64

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Official Journal of the European Union

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Quota order No

CN code

Description

09.5898

09.6285

09.5899

09.6287

09.6291

09.6293

09.5900

09.5732

09.6299

Other vegetables, prepared or preserved

2005 10 00
2005 20 20
2005 20 80
2005 40 00
2005 51 00
2005 59 00
2005 60 00
2005 90 30
2005 90 50
2005 90 60
2005 90 70
2005 90 75
2005 90 80

2007 99 33

Strawberry jam

Pears, prepared or preserved

2008 40 11
2008 40 21
2008 40 29
2008 40 39
2008 40 51
2008 40 59
2008 40 71
2008 40 79
2008 40 91
2008 40 99

2008 50

Apricots, prepared or preserved

2008 70

Peaches, prepared or preserved

2008 80

Strawberries, prepared or preserved

Dog or cat food

Preparations of a kind used in animal feeding

Tobacco

2309 10 51
2309 10 90

2309 90 31
2309 90 41

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