2004/484/EC: Council Decision of 22 September 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 Latvia, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions
Date: 2003-09-22
Institutions: Council of the European Union
Subjects: Latvia, agricultural product, agricultural trade, association agreement (EU), originating product, tariff preference, tariff quota

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Official Journal of the European Union

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 22 September 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 Latvia, of the other part, to take account of the outcome of negotiations between
the parties on new mutual agricultural concessions

(2004/484/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, 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 Latvia, of the
other part, hereinafter referred to as ‘the Europe Agree-
ment’ (1), provides for certain reciprocal trade conces-
sions for certain agricultural products.

Article 20(4) of the Europe Agreement provides that the
Community and Latvia
examine product by
product and on an orderly and reciprocal basis the possi-
bilities of granting each other further concessions.

shall

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 1999/790/EC (2).

Improvements to the preferential arrangements were
also provided for as a result of negotiations to liberalise
trade concluded in 2000. On the Com-
agricultural
munity side, these were implemented from 1 July 2000
by Council Regulation (EC) No 2341/2000 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
Latvia (3). This second adjustment of
the preferential
arrangements has not yet been incorporated in the
Europe Agreement
in the form of an Additional
Protocol.

arrangements of

Negotiations for further improvements to the preferen-
tial
the Europe Agreement were
concluded on 4 April 2002. The results of the negotia-
tions have so far been implemented by the respective
parties in the form of autonomous measures, applicable
the
as from 1 July 2002. On the Community side,
autonomous measures were implemented by Council
Regulation (EC) No 1362/2002 of 22 July 2002 estab-
lishing 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 Latvia (4). Similar legisla-
tive measures were adopted and implemented by the
Republic of Latvia.

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 Latvia, 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

(5)

(6)

(1) OJ L 26, 2.2.1998, p. 3.
(2) OJ L 317, 10.12.1999, p. 1.

(3) OJ L 271, 24.10.2000, p. 7.
(4) OJ L 198, 27.7.2002, p. 13.

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L 162/79

(7)

(8)

(9)

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 (1) has codified the manage-
ment
tariff quotas designed to be used
following the chronological order of dates of customs
declarations. Certain tariff quotas in 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 (2).

As a result of the aforementioned negotiations, Regu-
lation (EC) No 1362/2002 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
Republic of Latvia, 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 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. 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

The Commission shall be assisted by the Committee for
1.
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 (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 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

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 4 of the Protocol.

Article 3

Upon this Decision taking effect,

1.
the arrangements
provided for in the Annexes to the Protocol attached to this
Decision shall replace those referred to in Annexes Va, X and
XI as referred to in Article 20(2), as amended, of the Europe
Agreement.

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

Regulation (EC) No 1362/2002 shall be repealed from the
entry into force of the Protocol.

Done at Brussels, 22 September 2003.

For the Council

The President

F. FRATTINI

(1) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

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

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

(3) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regu-

lation (EC) No 1666/2000 (OJ L 193, 29.7.2000, p. 1).

L 162/80

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ANNEX

Order numbers for EU tariff quotas for products originating in Latvia

(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

09.4871

0201

0202

Meat of bovine animals, fresh or chilled

Meat of bovine animals, frozen

0206 10 95

Edible offal of bovine animals, fresh or chilled, thick skirt and thin skirt

0206 29 91

Edible offal of bovine animals, frozen, other, thick skirt and thin skirt

0210 20

Meat of bovine animals, salted, in brine, dried or smoked

0210 99 51

Thick skirt and thin skirt of bovine animals

0210 99 90

Edible flours and meals of meat or meat offal

1602 50

Other prepared or preserved meat or meat offal of bovine animals

09.4540

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

09.6676

ex 0207

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

09.4872

0401

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

09.4873

0402

Milk and cream, concentrated or containing added sugar or other sweetening
matter

09.4874

0403 10 11 to
0403 10 39

Yoghurt, not flavoured nor containing added fruit, nuts or cocoa

0403 90 11 to
0403 90 69

Buttermilk, curdled milk and cream, kephir and other fermented or acidified milk
and cream, not flavoured nor containing added fruit nuts or cocoa

09.4551

0405 10 11

Natural butter of a fat content, by weight, not exceeding 85 %, in immediate
packings of a net content not exceeding 1 kg

0405 10 19

Natural butter of a fat content by weight not exceeding 85 %, other

0405 10 30

Recombined butter, of a fat content, by weight, not exceeding 85 %

0405 10 50

Whey butter

0405 10 90

Butter, other

0405 20 90

Dairy spreads of a fat content, by weight, of more than 75 % but less than 80 %

0405 90

Other fats and oils derived from milk

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Quota order
No

CN code

Description

09.4552

0406

Cheese and curd

09.6677

0409 00 00

Natural honey

09.6621

ex 0702 00 00

Tomatoes, fresh or chilled, 15 May to 31 October

09.6623

0703 20 00

Garlic, fresh or chilled

09.6456

0704 90

Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas, fresh or chilled,
other

09.6457

ex 0706 10 00

Carrots, fresh or chilled

09.6678

0706 90

Carrots, turnips, salad beetroot, salsify, celeriac, radishes and similar edible roots,
fresh or chilled, other

09.6679

0707 00 05

Cucumbers, fresh or chilled

09.6458

0710 10 00

Potatoes, frozen

09.6681

0712 90 50

Carrots, dried, whole, cut, sliced, broken or in powder, but not further prepared

0712 90 90

Other vegetables and mixtures of vegetables, dried, whole, cut, sliced, broken or
in powder, but not further prepared

09.6682

ex 0714 90 90

Frozen or dried Jerusalem artichokes

09.6625

0808 10

Apples, fresh

09.6683

0811 10 11

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

09.6684

1001 10 00

Durum wheat

1001 90 10

Spelt for sowing

1001 90 91

Common wheat and meslin seed

1001 90 99

Other

09.6685

1101 00 11

Durum wheat flour

1101 00 15

Flour of common wheat and spelt

1101 00 90

Meslin flour

1103 11 10

Durum wheat groats and meal

1103 11 90

Common wheat and spelt groats and meal

1103 20 60

Wheat pellets

09.6686

1002 00 00

Rye

09.6687

1102 10 00

Rye flour

1103 19 10

Rye groats and meal

1103 20 10

Rye pellets

09.6688

1003 00

Barley

09.6689

1102 90 10

Barley flour

1103 19 30

Barley groats and meal

1103 20 20

Barley pellets

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Quota order
No

CN code

09.6690

1004 00 00

Oats

09.6691

1102 90 30

1103 19 40

1103 20 30

Oat flour

Groats and meal of oats

Pellets of oats

Description

09.6692

ex 1104

Cereals grains, otherwise worked, excluding CN 1104 19 50 and CN 1104 23

09.6473

1108 13 00

Potato starch

09.4564

1601 00

Sausages and similar products, of meat, meat offal or blood: food preparations
based on these products

1602 41

Other prepared or preserved meat, meat offal or blood: of swine:

Hams and cuts thereof

1602 42

Other prepared or preserved meat, meat offal or blood: of swine:

Shoulders and cuts thereof

1602 49

Other prepared or preserved meat, meat offal or blood: of swine:

Other, including mixtures

09.6693

1602 32 to
1602 39

Other prepared or preserved meat, meat offal or blood: of poultry of heading
0105: of fowls of the species Gallus domesticus

Other prepared or preserved meat, meat offal or blood: of poultry of heading
0105: Other than of fowls of the species Gallus domesticus and other than of
turkeys

09.6694

ex 2001

Vegetables, fruit, nuts and other edible parts of plants, prepared or preserved by
vinegar or acetic acid, excluding CN 2001 90 30, 2001 90 40, 2001 90 60,
2001 90 65 and 2001 90 91

09.6695

ex 2005

Other vegetables, prepared or preserved otherwise than by vinegar or acetic acid,
not frozen, excluding CN 2005 20 10, 2005 70 and 2005 80 00

09.6696

2009 71

Apple juice of a brix value not exceeding 20

09.6697

ex 2009 79

Apple juice of a brix value exceeding 20, excluding CN 2009 79 11 and
2009 79 91