2003/299/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 Slovak 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: Slovakia, agricultural product, agricultural trade, customs duties, import policy, originating product, tariff quota, trade agreement (EU)

L 107/36

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Official Journal of the European Union

30.4.2003

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

(2003/299/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 Slovak 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 Slovak Republic are to 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
of
the Europe Agreement were provided for in the
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 Decision 98/638/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 were implemented from 1 July 2000 by
Regulation (EC) No 2434/2000 of 17 October 2000
establishing certain concessions in the form of Commu-
nity 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 the Slovak
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.

(1) OJ L 359, 31.12.1994, p. 2.
(2) OJ L 306, 16.11.1998, p. 2.
(3) OJ L 280, 4.11.2000, p. 9.

(5)

(6)

(7)

(8)

(9)

Negotiations for further improvements to the preferen-
tial
the Europe Agreement were
concluded on 3 May 2000 and on 25 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 Slovak Republic, of the
other part
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.

(hereinafter

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 2434/2000 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
Slovak 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.

(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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Article 2

Article 5

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,

the arrangements
1.
provided for in the Annexes of the Protocol attached to this
Decision 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 establishing an Association between the
European Communities and their Member States, of the one
part, and the Slovak Republic, 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 6(2).

Article 4

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 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.

2.
Quantities of goods subject to tariff quotas and released
for free circulation as from 1 July 2002 under the concessions
provided for in Annex A(b) to Regulation (EC) No 2434/2000
shall be fully counted against the quantities provided for in the
fourth column in Annex A(b) to the attached Protocol, except
for quantities for which import licences were issued before 1
July 2002.

Entitlement to the benefits from the Community tariff quota
for wine referred to in Annex to this Decision and in Annex C
of the protocol shall be subject to the presentation of a VI 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 (1).

Article 6

1.
The Commission shall be assisted by the Committee for
Cereals instituted by Article 23 of Council Regulation (EEC) No
1766/92 of 30 June 1992 on the common organisation of the
market in cereals (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 provided for in Article 4(3) of Decision 1999/468/
EC shall be one month.

3.

The Committee shall adopt its Rules of Procedure.

Article 7

Regulation (EC) No 2434/2000 shall be 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 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).

(2) 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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Order numbers for EU tariff quotas for products originating in the Slovak Republic (as referred to in Article 4)

ANNEX

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

09.4575

0104 10 30
0104 10 80
0104 20 90

09.4624

0201
0202

Live sheep or goats

Meat of bovines, fresh, chilled or frozen

09.4632

ex 0203

Meat of domestic swine, fresh, chilled or frozen

0210 11 to 0210 19

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

09.4644

0206 10 to 29
0210 20

Meat of bovine animals (offal)

09.5853

ex 0207

Poultry, fresh, chilled or frozen
(other than 0207 13 91, 0207 14 91, 0207 26 91, 0207 27 91, 0207 35 91, 0207 36 89)

1602 31 to 1602 39

Prepared or preserved meat of poultry

09.4641

0402

Milk powder and condensed milk

09.4645

0403 10 11 to 39
0403 90 11 to 69

Buttermilks, yoghurts and other fermented or acidified milk and cream

0404

Whey and products consisting of natural milk constituents

09.4642

ex 0405

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

09.4643

0406

Cheese and curd

09.5883

0407 00 11
0407 00 19
0407 00 30

Eggs of poultry in shell

09.5884

0408 11 80

Egg yolks, dried

0408 19 81

0408 19 89

Egg yolks, liquid

Egg yolks, frozen

09.5885

0408 91 80

Birds' eggs, dried

0408 99 80

Birds' eggs, other

09.5771

0702 00 00

Tomatoes, fresh or chilled

09.5773

ex 0708 10 00

Fresh or chilled peas, from 1 June to 31 August

09.5286

0808 10

Apples, fresh

09.5535

09.5781

0810 20

0810 30 10

Raspberries, blackberries, mulberries and loganberries

Blackcurrants, fresh

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Quota order No.

CN code

Description

09.5783

0810 30 30

Redcurrants, fresh

09.5789

09.5791

0811 20 39

0811 20 51

Blackcurrants, frozen

Redcurrants, frozen

09.5287

ex 0811

than 0811 10 90, 0811 20 19, 0811 20 31, 0811 20 39, 0811 20 51, 0811 20 59,

Other
0811 20 90, 0811 90 50, 0811 90 70, 0811 90 75, 0811 90 80, 0811 90 85, 0811 90 95

09.4646

09.5886

09.5887

09.5888

09.4647

1001

1002

1003

1004

1005 10 90
1005 90 00

Wheat and meslin

Rye

Barley

Oats

Maize

09.5889

1008

Buckwheat, millet and canary seed, other cereals

09.4618

1101 00

Wheat and meslin flour

09.4619

1107 10 99

Malt, not roasted, other than of wheat

09.4634

1601 00

Sausages and similar products

1602 41 to 1602 49

Prepared or preserved meat of swine

09.4648

1602 50

Other prepared or preserved meat, meat offal or blood of bovine animal

09.5296

2001 10 00

Cucumbers, preserved

09.5799

ex 2001 90 96

Asparagus

09.5601

2002

Tomatoes, prepared or preserved

09.5803

09.5539

2009 12 00
2009 19 98
2009 21 00
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 61 10
2009 61 90
2009 69 11
2009 69 19
2009 69 51
2009 69 59
2009 69 90

2009 71
2009 79

Fruit juices

Apple juice

09.5890

ex 2204 (1)

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.