CELEX: 51994PC0026
Language: en
Date: 1994-02-08
Title: PROPOSAL FOR A COUNCIL DECISION on the conclusion of an agreement, in the form of an exchange of letters, amending the Interim Agreement between the European Economic Community and European Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of the other part, and the Europe Agreement between the European Communities and their Member States, of the one part, and the Czech and Slovak Federal Republic, of the other part

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                       COM(94) 26 final
                                                       Brussels, 08.02.1994
                        PROPOSAL FOR A COUNCIL DECISION
 on the conclusion of an agreement, in the form of an exchange of letters, amending the
 Interim Agreement between the European Economic Community and European Coal
 and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of
 the other part, and the Europe Agreement between the European Communities and
 their Member States, of the one part, and the Czech and Slovak Federal Republic, of
 the other part.
                           (presented by the Commission)
 ---pagebreak---                              EXPLANATORY MEMORANDUM
The attached draft proposal for a Council Decision is designed to give effect to a
recommendation made, at its meeting in Bratislava on 21 October 1993, by the Joint
Committee established by the Agreement on Trade and Commercial and Economic Co-
operation signed between the European Economic Community and the European Atomic
Energy Community and the Czech and Slovak Federal Republic on 7 May 1990.
The recommendation envisages an exchange of letters to amend the Interim Agreement
between the Community and the CSFR, and the Europe Agreement between the
Community and the Member States of the one part and the CSFR of the other. By this
exchange of letters, the Community would introduce a new duty-free quota for the
 importation of live trout and carp originating in the Czech Republic. The Czech Republic
 would introduce a duty-free quota for the importation offrozenmackerel originating in
 the Community.
  The attached text for exchanges of letters between the Community and the Czech
  Republic has been examined within the Council's Eastern Europe Working Group, and is
  acceptable both to the Czech authorities and to the Community, as evidenced by the fact
  that the letters were initialled by the Commission and the Czech authorities on 21/12/93.
  In order for the agreement, in the form of an exchange of letters, to come into force, a
  Decision of the Council is required. The Commission therefore invites the Council to
  adopt the attached proposal for a Council Decision (EC), giving effect to the draft
  exchanges of letters, which are annexed.
 ---pagebreak---                         PROPOSAL FOR A COUNCIL DECISION
on the conclusion of an agreement, In the form of an exchange of letters, amending the
Interim Agreement between the European Economic Community and European Coal
and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of
the other part, and the Europe Agreement between the European Communities and
their Member States, of the one part, and the Czech and Slovak Federal Republic, of
the other part.
THE COUNCIL OF THE EUROPEAN UNION
Having regard to the Treaty establishing the European Community, and in particular
Article 113 thereof,
Having regard to the proposal from the Commission,
Whereas it is desirable to modify by exchanges of letters with the Czech Republic and
Slovakia the Interim Agreement between the European Economic Community and
European Coal and Steel Community, of the one part, and the Czech and Slovak
Federal Republic, of the other part, and the Europe Agreement between the European
Communities and their Member States, of the one part, and the Czech and Slovak
Federal Republic, of the other part, so as to provide for duty-free quotas for the
importation into the Community of live trout and carp originating in the Czech Republic,
and for the importation into the Czech Republic of frozen mackerel originating into the
Community,
 HAS DECIDED AS FOLLOWS:
                                         article 1
The agreements in the form of an exchange of letters between the European
Community and the Czech Republic, amending Article 17 of the Interim Agreement
 between the European Economic Community and European Coal and Steel
Community, of the one part, and the Czech and Slovak Federal Republic, of the other
 part, and Article 24 of the Europe Agreement between the European Communities and
their Member States, of the one part, and the Czech and Slovak Federal Republic, of
the other part, and adding an Annex XVa and an Annex XVb to these agreements is
hereby approved on behalf of the European Community.
The texts of the agreements are attached to this Decision.
                                         article 2
The President of the Council is authorised to designate the person who will sign the
agreement in order to bind the Community.
 Done at Brussels
                                                                           For the Council
                                                                            The President
                                              X
 ---pagebreak---            EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY
                    (HEREAFTER CALLED "THE COMMUNITY") AND THE
                  CZECH REPUBLIC CONCERNING LIVE FRESH WATER FISH
    A. Letter from the community.
    I refer to
          the Interim Agreement signed between the European Economic
          Community and the European Coal and Steel Community and the Czech
          and Slovak Federal Republic on 16 December 1991, as subsequently
          amended by the Supplementary Protocol signed between the European
          Community and the Czech Republic on 21 December 1993, and
          the Europe Agreement signed between the European Communities and
          their Member States of the one part and the Czech Republic of the
          other part on 4 October 1993 and, in particular, the
          recommendation by the Joint Committee established by the Agreement
          on Trade and commercial and Economic cooperation signed between
          the European Economic community and the European Atomic Energy
          Community and the Czech and Slovak Federal Republic on 7 May 1990
          made during its meeting of 21 October 1993 in Bratislava on
          certain types of live fresh water fish.
    I hereby would like to confirm that the Community agrees to this
    recommendation and in consequence makes the following amendments to
    the Interim Agreement and to the Europe Agreement:
     (i) Two new sentences shall be added after the first sentence to
          Article 17 of the Interim Agreement and to Article 24 of the
          Europe Agreement as follows:
          "The fishery products originating in the Czech Republic listed in
          Annex XVa shall benefit from 1st January to 31st December 1994
          from the reduction of Community customs duties provided in that
          Annex within the limits of the amounts therein contained. The
          fishery products originating in the Community listed in Annex XVb
          shall benefit from 1st January 1994 to 31st December 1994 from the
          reduction of Czech Republic customs duties provided in that Annex
          within the limits of the amounts contained therein. Both parties
          shall examine before 31st October 1994 the treatment to be applied
          to these concessions in subsequent periods."
     (ii) An Annex XVa and an Annex XVb in the form annexed to this exchange
          of letters shall be added to the Interim Agreement and to the
          Europe Agreement.
     I should be obliged if you would confirm the agreement of the Czech
    Republic to the amendments to the above Interim Agreement and to the
    Europe Agreement.
    Please accept, Sir, the assurance of my highest consideration.
                                             On behalf of the Community,
& •
                                    3
 ---pagebreak---   B. Letter from the Czach Republic
  Sir,
  I hava the honour to acknowledge receipt of your latter of today*a data
  which reads aa follows :
  "Dear Sir,
  I refer to
        the Interim Agreement signed between the European Economic
        Community and the European Coal and steel Community and the Czech
        and Slovak Federal Republic on 16 December 1991, aa subsequently
        amended by the supplementary Protocol signed between the European
        Community and the Czech Republic on 21 December 1993, and
        the Europe Agreement aigned between the European Communities and
        their Member States of the one part and the Czech Republic of the
        other part on 4 October 1993 and, in particular,
        the recommendation by the Joint Committee established by the
        Agreement on Trade and Commercial and Economic Cooperation aigned
        between the European Economic community and the European Atomic
        Energy Community and the Czech and Slovak Federal Republic on 7
        May 1990 made during its meeting of 21 October 1993 in Bratislava
        on certain types of live fresh water fish.
   I hereby would like to confirm that the Community agrees to this
   recoinmendation and in consequence agrees to make the following
   amendments to the Interim Agreement and to the Europe Agreements
   (i)  Two new sentences shall be added after the first sentence to
        Article 17 of the Interim Agreement and to Article 24 of the
        Europe Agreement as follows:
         "The fishery products originating in the Czech Republic listed in
        Annex XVa shall benefit from 1st January to 31st December 1994
         from the reduction of Community customs duties provided in that
        Annex within the limits of the amounts therein contained. The
         fishery products originating in the community listed in Annex XVb
         shall benefit from 1st January 1994 to 31st December 1994 from the
        reduction of Czech Republic customs duties provided in that Annex
        within the limits of the amounts contained therein. Both parties
         shall examine before 31st October 1994 the treatment to be applied
         to these concessions in subsequent periods."
&
                                                                            /t
 ---pagebreak---   (ii)    An Annex XVa and an Annex XVb in the form annexed to this
          exchange of letters shall be added to the Interim Agreement and
          to the Europe Agreement.
  I should be obliged if you would confirm the agreement of the Czech
  Republic to the above amendments to the Interim Agreement and to the
  Europe Agreement.
  Please accept, Sir, the assurance of my highest consideration."
  I have the honour to confirm that my government is in agreement with
  the content of your letter. Please accept, Sir, the assurance of my
  highest consideration.
                                         For the government of the
                                             Czech Republic.
&
 ---pagebreak---                                      ANNEX XVa
                     Duties on certain fiah imported into the
                   Community originating in the Czech Republic
    CN code                      Description         Duty %   Annual
                                                               quantity
                                                          1)
     0301 91 00    Trout (Salmo  trutta,              0 %         50 t
                   Oncorhynchus mykiss,
                   Oncorhynchus clarki,
                   Oncorhynchus  aguabonita,
                   oncorhynchus  gilae), live             1)
     0301 93 00    Carp, live                         0 %        850 t
    ( 1)   Subject to compliance with the reference price
                                     ANNEX XVb
                 Duties on certain frozen fish imported into the
                   Czech Republic originating in the Community
     CN code                     Description          Duty %   Annual
                                                               quantity
     0303 74 11    Mackerel of the species     )      0 %      4,000 t
                                               )
     0303 74 19    Scomber scombrus and        )
                   Scomber japonicus, frozen )
$ -
                                         &                              '/A
 ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM (94) 26 final
                                                      DOCUMENTS
EN                                                                          il 02
                                Catalogue number : CB-CO-94-033-EN-C
                                                             ISBN 92-77-64767-1
Office for Official Publications of the European Communities
L-2985 Luxembourg