2003/298/EC: Council Decision of 14 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 Czech Republic, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions
Date: 2003-04-14
Institutions: Council of the European Union
Subjects: Czechia, agricultural product, agricultural trade, customs duties, import policy, originating product, tariff quota, trade agreement (EU)

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Official Journal of the European Union

30.4.2003

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 14 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 Czech Republic, of the other part, to take account of the outcome of negotiations between the
parties on new mutual agricultural concessions

(2003/298/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)

(4)

The Europe Agreement establishing an Association
between the European Communities and their Member
States, of the one part, and the Czech Republic, of the
other part (1)
referred to as ‘the Europe
Agreement’), provides for certain reciprocal trade conces-
sions for certain agricultural products.

(hereinafter

Article 21(5) of the Europe Agreement provides that the
Community and the Czech Republic shall examine
product by product and on an orderly and reciprocal
basis the possibilities 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
including
Uruguay Round negotiations on agriculture,
improvements to the existing preferential arrangements,
approved by Council Decision 98/707/EC (2).

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 improvements were implemented from 1 July

(5)

(6)

(7)

2000 by Council Regulation (EC) No 2433/2000 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 autono-
mous and transitional measure, of certain agricultural
concessions provided for in the Europe Agreement with
the Czech Republic (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
the Europe Agreement were
concluded on 3 May 2000 and on 6 June 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 Czech Republic, 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

(1) OJ L 360, 31.12.1994, p. 2.
(2) OJ L 341, 16.12.1998, p. 2.

(3) OJ L 280, 4.11.2000, p. 1.
(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).

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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 2433/2000 has effectively lost its substance
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
Czech Republic, 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.

The text of the Protocol is attached to this Decision.

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 give 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 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.

2.
The Commission shall adopt rules for the application of
the Protocol in accordance with the procedure referred to in
Article 6(2).

Article 4

The order numbers as attributed to the tariff quotas in
1.
the Annex to this Decision may be changed by the Commission
in accordance with the procedure referred to in Article 6(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 2433/2000
shall be fully counted against the quantities provided for in the
fourth column in Annex A(b) to the Protocol, except for quan-
tities for which import licences were issued before 1 July 2002.

Article 5

Entitlement to the benefit from the Community tariff quota for
wine referred to in the Annex to this Decision and in Annex C
to the Protocol shall be subject to the presentation of a V I 1
document or a V I 2 extract in accordance with Commission
Regulation (EC) No 883/2001 of 24 April 2001 laying down
detailed rules for implementing Council Regulation (EC) No
1493/1999 as regards trade with third countries in products in
the wine sector (2).

Article 6

1.
The Commission shall be assisted by the Management
Committee for Cereals instituted by Article 23 of Council Regu-
lation (EEC) No 1766/92 of 30 June 1992 on the common
organisation of the market in cereals (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 provided for 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 7

Regulation (EC) No 2433/2000 is hereby repealed from the
entry into force of the Protocol.

Done at Brussels, 14 April 2003.

For the Council

The President

A. GIANNITSIS

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

(2) OJ L 128, 10.5.2001, p. 1; Regulation as last amended by Regula-

tion (EC) No 2380/2002 (OJ L 358, 31.12.2002, p. 117).

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

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Official Journal of the European Union

30.4.2003

ANNEX

Order Nos for EU tariff quotas for products originating in the Czech Republic

(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

09.4625

09.4575

09.4623

0103 91 10
0103 92 19

0104 10 30
0104 10 80
0104 20 90

0204

0201
0202

Live swine, domestic species

Live sheep or goats

Meat of sheep or goats

Meat of bovines, fresh, chilled or frozen

09.4626

ex 0203

Meat of domestic swine, fresh, chilled or frozen

0210 11 to
0210 19

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

09.5851

0207

Poultry, fresh, chilled or frozen

09.4611

0402

Milk powder and condensed milk

09.4636

0403 10 11 to
0403 10 39
0403 90 11 to
0403 90 69

Buttermilk and yoghurts and other fermented or acidified milk and cream

09.4637

0404

Whey and products consisting of natural milk constituents

09.4612

ex 0405

Butter and other fats and oils derived from milk excluding CN codes
0405 20 10 and 0405 20 30

09.4613

0406

Cheese and curd

09.5875

0408 11 80

Egg yolks, dried

0408 19 81

Egg yolks, liquid

0408 19 89

Egg yolks, frozen

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Quota order No

CN code

Description

09.5876

0408 91 80

Birds' eggs, dried

0408 99 80

Birds' eggs, other

09.5645

09.5286

09.5287

0603 10 10
0603 10 20
0603 10 40
0603 10 50
0603 10 80

0808 10 20
0808 10 50
0808 10 90

0811 10 11
0811 20 11
0811 90 11
0811 90 19
0811 90 85

Cut flowers and flower buds, fresh

Apples, fresh

Fruit and nuts

09.4638

1001

Wheat and meslin

09.5877

1002

Rye

09.5878

1003

09.5879

1004

09.4639

1005 10 90
1005 90 00

Barley

Oats

Maize

09.5880

1008

Buckwheat, millet and canary seed, other cereals

09.4618

1101 00

Wheat and meslin flour

09.4619

1107

Malt

09.5289

1512 11 10

Sunflower seed or safflower oil and fractions thereof
Crude oil, for technical and industrial uses

09.5579

1514 11 10
1514 91 10

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

09.4629

1601 00

Sausages and similar products

1602 41 to
1602 49

1602 31 to
1602 39

09.5852

Prepared or preserved meat of swine

Prepared or preserved meat of poultry

09.5537

2001 10 00

Cucumbers, preserved

09.5763

2007 10 10

Homogenised preparations with a sugar content exceeding 13 % by
weight

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Quota order No

CN code

Description

09.5765

09.5539

09.5851

2009 11 19
2009 11 99
2009 12 00
2009 19 19
2009 19 98
2009 21 00
2009 29 19
2009 29 99
2009 31 19
2009 31 51
2009 31 59
2009 31 91
2009 31 99
2009 39 19
2009 39 39
2009 39 55
2009 39 59
2009 39 95
2009 39 99
2009 41 91
2009 41 99
2009 49 19
2009 49 93
2009 49 99
2009 61 10
2009 61 90
2009 69 11
2009 69 19
2009 69 51
2009 69 59
2009 69 90

2009 79 11
2009 79 91

Fruit juices

Apple juice

ex 2204 10 (1)
ex 2204 21 (1)
ex 2204 29 (1)

Sparkling wine
Wine of fresh grapes

(1) TARIC codes: 2204 10 19 91; 2204 10 19 99; 2204 10 99 91; 2204 10 99 99; 2204 21 10 00; 2204 21 79 79; 2204 21 79 80;
2204 21 80 79; 2204 21 80 80; 2204 21 83 10; 2204 21 83 79; 2204 21 83 80; 2204 21 84 10; 2204 21 84 79; 2204 21 84 80;
2204 21 94 10; 2204 21 94 30; 2204 21 98 10; 2204 21 98 30; 2204 21 99 10; 2204 29 65 00; 2204 29 75 10; 2204 29 83 10;
2204 29 83 80; 2204 29 84 10; 2204 29 84 30; 2204 29 94 10; 2204 29 94 30; 2204 29 98 10; 2204 29 98 30; 2204 29 99 10.