CELEX: 51981PC0722
Language: en
Date: 1981-11-26 00:00:00
Title: Recommendation for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and the People's Republic of Bulgaria trade in the sheepmeat and goatmeat sector (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (81) 722
Vol. 1981/0208
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 ---pagebreak---        COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(81)722 final.
                                                         Brussels . 26 November 1981
                                   Recommendation for a
                                     COUNCIL DECISION
           on the conclusion of an Agreement in the form of an exchange of
           letters between the European Economic Community and the People 's
           Republic of Bulgaria trade in the sheepmeat and goatmeat sector
                      ( submitted to the Council by the Commission )
C0PK81 ) 722 finaU
 ---pagebreak---                      EXPLANATORY MEMORANDUM
                         I *          '     <        '
 Following the negotiating mandate given by the Council to the Commission
 on 20 December 1979 and pursuant to Regulation ( EEC ) No 1837/80 oh the
 common organization of the market in sheepmeat and goatmeat , voluntary
 restraint agreements in respect of exports of products in the sector in
 question have been made with the following non-member countries :
 Argentina, Australia, Austria> Hungary, Iceland , New Zealand , Poland , Rumania
Uruguay and Yugoslavia .     •
Agreement in negotiations for voluntary restraint agreements with some
other non-member supplier countries has been held up because the non-member
countries in question stated that they were unable either to make such an
agreement or to accept a clause concerning the territories where the EEC
                               •*
Treaty applies *
As it has meanwhile been possible to resolve these matters with Bulgaria ,
it is proposed that the proposal for a Council Decision on conclusion with
that country of a voluntary restraint agreement in respect of its exports
to the EEC in the sheepmeat arid goatmeat sector be "approved .
This voluntary restraint agreement covers , between the EEC of . 10 and
Bulgaria, the following annual quantities expressed in carcase weight
( equivalent weight Bone-in);
Live animals '                           mt 2.000
Fresh or chilled meat                    mt 1 J250'
 ---pagebreak---                                              Recommendation . for a
                                               COUNCIL DECSSaON
              ©a tfec sooslasSoa ®f »r AgreessHWEt 5® tfee foras el' as esteftwinf® of         keSwewa tte
              Easiropesa Eceaomfe C&mmaaity           tfre People * s republic of Bulgaria
                                     trade $b the 3lM«pa»e#s «e£ gmZaeat setter
THE COUNCIL OF THE EUROPEAN                                   the People 's Republic of Bulgaria
COMMUNITIES,                                                  trade is* i«j® shsepsaeat a®d goatmeat sector " ss
                                                              hereby approved ok b-shaif of the Coiamansty.
 Having regard to the Treaty establishing the Euro­
pean Economic Community, and in particular
                                                              Ths t«    ©f the Agreement is attached to this Ded-
                                                              sie«.
Article 113 thereof,
Having regard to the recommendation from the
Commission,
                                 conducted
 Whereas the Commission has               .icgotiatsons                                Article 2
with non-member countries which supply sheep-
meat and goatmeat or live sheep and goats, with a
virw jo reaching agreement for voluntary restraint            The President of the Council is hereby authorized to
on their exports to the Community,                            designate the person empowered to sign the Agree­
                                                              ment, in order to bind the Community.
Whereas the Commission has reached agreement
with Bulgaria ;
Whereas the said agreement allows trade to be car­
ried OR is A manner compatible with the common
organization of the market in the sector in question.
HAS DECIDED AS FOLLOWS :                                     Done at
                       Article I                                                          For the Council
                                                                                           The President
The Agreement in the form of an exchange of Setters
between the European Economic Community and
 ---pagebreak---                         EXCHANGE OF LETTERS BETWEEN
THE EUROPEAN ECONOMIC COMMUNITY ANO THE PEOPLE 'S REPUBLIC OF BULGARIA
                   ON TRADE IN SHEEPHEAT AND GOATMEAT
         I have the honour to refer to the negotiations recently undertaken
between our respective delegations for the purpose of drawing up provisions
concerning imports into the European Economic Community of mutton , lamb and
goatmeat and live sheep and goats other than pure-bred breeding animals from
Bulgaria / in connection with implementation by tl?e Community of the common
organisation of the market in sheepmeat and goatmeat .
         During these negotiations , our delegations agreed as follows :
   This arrangement shall relate to :                                        ' •
   - live sheep and goats other than pure-bred breeding animals
     ( subheading 01.04 B of the Common Customs Tariff ), '              /
  – fresh or chilled mutton, lamb and goatmeat ( subheading 02.01 A IV a )
     of the Common Customs Tariff ), " .  _ .
   - frozen mutton, lamb and goatmeat ( subheading 02.01 A IV b ) of the .
     Common Customs Tariff ).
 ---pagebreak---   2 ." Within the terms- of this Arrangement , the competent Bulgarian authorities
        undertake to ensure thet exports .to the Community of the products referred to "
        in Point 1 shall not exceed the following annuel quantities .s
       - 2.000 tons of live animals , expressed as carcase weight bone- in CD ;           ?
       - 1.250 tores of fresh or chilled meat , expressed 'as carcase weight bone~in ( 2 ).
        For this purpose , the appropriate procedures shall be implemented by the
        competent Bulgarian authorities . •'
 3 . Provided .that Bulgarian exports do not exceed the quantities given in Point 2
       the Community will not apply any quantitative restriction or measure having
       equivalent effect .
       If the Community were to invoke the safeguard clause , the provisions of this
       Arrangement would not be affected .
 4 . Of imports from Bulgaria exceed the agreed quantities , the Community reserves
       the right to suspend further imports from that country until the end of the
       current year . However , in any case , quantities exceeding the agreed quantity
       for the current year shall be deducted from the quantities agreed for the
      following year .
5 . The Community undertakes , in respect of imports of products covered by this
      Arrangement , to restrict the charges levied to the following ad valorem levels :
      10 % for live animals ;                 ~
      10 X for meat .
      The Community will not charge , apart from the levies set out above , customs
      duties or charges having equivalent effect to levies or to customs duties .
                                   i
                                   ■I            ■
                                                                              V
( 1 ) 100 kg live weight shall correspond to 47 kg carcase weight ( bone-in equivalent
        weight ).
( 2 ) Carcase weight (bone-in equivalent weight ).     By this term is understood the
  .     weight of bone-in meat presented as such as    well as boned meat converted by
        a coefficient into bone-in weight . For this   purpose 55 kg of boned mutton
        corresponds to 100 kg of bone-in mutton and    60 kg of boned lamb corresponds
        to 100 kg of bone-in Iambi
 ---pagebreak---                                                                                                3.
  6 . When a new Member States accedes to the Community and if the pattern of
       trade between Bulgaria and such Member Sta^:e were to justify it / the
       Community shall agree to consultations between the two parties with a view
       to possible adaptation of the quantities given at Point 2 .
       The quantities given at Point 2 shall not be reduced .
       The charges applicable to imports into the said new Member . States shall
       be fixed in accordance with the rules in the Act of Accession , the maximum             \
        level of the levy specified in Point 5 of this Arrangement being taken into
    . account .        ;                    . •
 7. The competent Bulgarian authorities shall ensure compliance with the terms .,
       of this Arrangement / in particular by means of the issue by a Bulgarian-
       agency designated for the purpose / of export licences covering the products
       listed in Point      within the agreed quantity limits .
       For its part the Community undertakes to adopt all the necessary measures ;             ^
       to ensure that the automatic issue of an import . licence for the abovementioned 1
      products originating in Bulgaria shall be subject to production of an export
       licence issued by the competent Bulgarian authority .                          ,
   ' Detailed rules for the implementation of this system shall be drawn up in' -
      such a way that there is no requirement for a sucurity for issue of import
       licences in respect of the products in question . These detailed rules shall          .-*•
      also provide that the competent Bulgarian authorities and the competent
      Community authorities shall undertake periodical exchanges of information on
      the quantities in respect pf which export and import licences have been >          , :
      issued / broken down / as appropriate , according to destination . .                 ,.v
      It is hereby agreed that export licences will be valid for a period of
      three months from their date of issue . The corresponding import licences
      shall be valid until the date of expiry of the export licences .
   - Quantities delivered under an export licence shall be deducted from the
     quantity agreed for the year during which the export licence was issued .
                                                                                 • • • /• • •
–_____                    -                        ' - v *                                        I
 ---pagebreak---                                                                                       4.
  3 » The two Parties agre® that stsps should bs taken - tc ensure 'thst the smooth
         operation of the Arrangement is not disturbed by deliveries cf sheepseat
         and goatmeaf products falling under tariff headings not covered by this
       " arrangement .
  9 „ In order to ensure the smooth operation of this Arrangement , the two Parties
         agree to remain in close contact and to be ready to undertake consultations
         on any question which might arise in the course of application of this
   ; v. Arrangement . The said consultations must be commenced within a maximum
        period of 14 days following request by pne of the Parties ..
10 . The annual quantity fixed at Point 2 shall cover the period 1 January to
        31 December .
        The quantity applicable from the date of implementation of this Arrangement
        up to 31 December of the current year shall be fixed in proportion to the
        overall annual quantity and shall take account of the seasonal nature of
        the trade .
11 . This arrangement shall apply, on the one hand , to the teritories in which *
       the Treaty establishing the European Economic Community is applied and
       under the conditions laid down in that Treaty and , on the other hand ,
       to the territory of the People 's Republic of Bulgaria .
12 . This Arrangement shall enter into force on 1 . January 1982 . It shall apply
       until 31 March 1984, and subsequently for periods of 2 years , subject to the
       right of either of the Parties to terminate it by giving notice in writing
       six months before the date of expiry of any one of the said periods . In
       the case of termination, the Arrangement shall, come to an end at the date
       of expiry of the period in question . In any event , the provisions of this
       Arrangement shall be reviewed by the two Parties during the six months preceding
       1 April 1984, in order to incorporate in it any adaptations which might be
      necessary .
       I should be grateful to you if you would confirm to me that the above sets
      out correctly the substance of the agreement between our two delegations .
       Formal ending .
 ---pagebreak---                                    DRAFT
                              . EXCHANGE OF LETTERS
           CONCERNING THE CONSULTATIONS r'lR WHICH PROVISION IS MADE ;
               IN POINT 9 OF THE EXCHANGE OF LETTERS BETWEEN
                  THE EUROPEAN ECONOMIC COMMUNITY AND THE
                        PEOPLED REPUBLIC OF BULGARIA           '
                    ON TRADE IN SHEEPMEAT AND 60ATMEAT
          With reference to certain specific questions raised during the
 negotiations for this Arrangement , I hereby point out that it was agreed
 during the negotiations that , within the context of this Arrangement , if
 Bulgaria were to raise any concrete problems , they, could be covered by
 the consultations provided - for in Point 9 without prejudice to the general
 content of that point , These problems include ;                      .
 1 . supply of live animals within the quantity agreed for meat ;
 2 „ supply of meat within , the quantity agreed for live animals ;
3 . the possibility of advance use , during the current year , of a limited
     proportion of the quantity agreed for the following year ;
A. the possibi lity of allowing imports of quantities over and above those
     fixed in Point 2 of the Arrangement if the Community market situation
     so permits#                                                         ,
          For its part , the Community would be prepared to undertake the said
consultations in a spirit otf cooperation in respect of any requests put
forward by Bulgaria .
          Formal ending .
 ---pagebreak---                  EXCHANGE Of LETTERS CONCERNS POINT Z
      0 ? THE EXCHANGE OF LETTERS BETWEEN THE EUROPEAN ECONOMIC
            CPWKUMXTY AND THE PEOPLE 'S REPUBLIC OF 3ULSARIA
                   ON TRADE IN $KEEPM£AT AND SOATHEAT
              2 have the honotfr to refer to the exchange of letters between
the European Economic Community and the People 's Republic of Bulgaria
on trade in sheepmeat arid gostmeat .
             Further to that exchange of letters .and to your . request ,
I would advise you that the competent Bulgarian authorities will
ensure that for the period 1 January 1982 to 31 March 1984 there will
be no change in the traditional pattern of exports of mutton , lamb and
goatmeat and live sheep and goats from the People 's Republic of Bulgaria
to those market areas in the Community determined as sensitive .
                 A
             The competent authorities of the People 's Republic of Bulgarie
will adopt the necessary measures for this purpose .
             I should be obliged if you would kindly acknowledge receipt
of this letter ,
            Please accept , Sir , the assurance of my highest consideration .
 ---pagebreak---                                                                                                                         I VI/2634/81
                                                                                                                            PATr' ' 16.10.1981
                                                                                                                                       16.10.1981
   l . BUM :.? ii:;s ccriwwsa i                             1Q0 ( receipts )                                                1982 ; 6939 Million ECU
  2» Acnc.'t i                  Draft Council Decision on the conclusion of an agreement in the form tf
                                an exchange of letters between the European Economic Community and the
                                Peopled Republic of Bulgaria on' trade in the sheepmeat and goatmeat secto !
  i. ir.-ux ΗΛ·;Ι = Ι Article 113 of the Treaty
  (. CRJSÏTI v?s t Conclusion of the voluntary restraint agreement for Bulgarian sheepmeat
                                   and goatmeat exports
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 'j. l                                      ·,           '
       . «c·'!                        r ? τ "i 'J5                   - 1.43 M ECU*                                                                - 1.43 M ECU*
                     C :: KI
                                                                     YEAS ....                               TEAR                             T rA3                   1
5.C.1 PU- R:A:.VJAL FATTES CF EXFsroir-RE
5.1.1 ?v:?.if:nr:xz PAT :£?-■: CK arcarrs                                   - 1 » 43 M ECUÄ                      - 0.4 H ECU
5.2 JïTi.cs CF CA^TJU:;CS
                  The agreement covers 20QÖ t ( carcase weight ) of live animals "
                               .1.250 t of fresh or chilled meat
                                3.250 t                                                                                                  ·     .
                  Normal levy in October 1981                                                         703.7 ECÜ /t "
                   Levy reduced to 10% ad valorem
                           ( under the agreement )                                                    264        ECU / t
                                Loss of revenue                                                       439 . 7 ECU / t = 3 250 t S 1 429 M ECU
                                                                                •
                                                                                                                                                  '
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                    tw • 'J ur* i«Hi • ['.»i X»«*C ri« iwtLi
                      *Compared with the existing situation the loss of levy is only theoretical .
                          The 10% ad valorem duty is already applied following unilateral declarations
                         by the parties concerned . Conclusion of the agreement therefore merely .
                          places the existing si t uat i on on a fornalbasis .