CELEX: 51998PC0365
Language: en
Date: 1998-06-12
Title: Proposal for a Council Decision on the conclusion of the Additional Protocol to the Interim Agreement on trade and trade-related matters between the European Community, The European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Slovenia, of the other part, and to the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Slovenia, of the other part

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  Brussels, 12.06.1998
                                                  COM(1998) 365 final
                                                  98/0207 (ACC)
                        Proposal for a Council Decision
  on the conclusion of the Additional Protocol to the Interim Agreement on trade
 and trade-related matters between the European Community, the European Coal
  and Steel Community and the European Atomic Energy Community, of the one
part, and the Republic of Slovenia, of the other part, and to the Europe Agreement
between the European Communities and their Member States, of the one part, and
                    the Republic of Slovenia, of the other part
                           (presented by the Commission)
 ---pagebreak---  ---pagebreak---                                                                     VI/4354/98 Rev. 1-EN
                      EXPLANATORY MEMORANDUM
1. The European Community concluded an Association Agreement (Europe
   Agreement) with Slovenia, which was signed on 10 June 1996.
   Pending its entry into force upon ratification by all Parties concerned, provisions
   of the Europe Agreement on trade and trade-related matters were implemented
   by an Interim Agreement, which was signed on ÎÎ November 1996 and entered
   into force on 1 January 1997.
2. Negotiations for the conclusion of a Europe Agreement with Slovenia aimed, in
   the agricultural field, at consolidating the preferential situation for agricultural
   products enjoyed by Slovenia within the framework of the Co-operation
   Agreement with Slovenia, as long as traditional trade flows occurred.
3. Under Annex VI to the Europe Agreement and, pending its entry into force, to
   the Interim Agreement, which lists the preferential treatment granted to
   agricultural products originating in Slovenia, Slovenia was granted a concession
   for the specific product of ajvar. However, due to a technical mistake, only the
   frozen produce was included in the concession, despite the fact that mainly non-
   frozen produce was traditionally exported to the Community.
4. With a view to reflecting the preferential treatment previously enjoyed by
   Slovenia under the Co-operation Agreement with Slovenia for both frozen and
   non-frozen ajvar and taking into account the fact that ajvar is a specific product
   and is not produced in the Community, the Additional Protocol to which this
   proposal refers foresees taking the necessary steps to grant Slovenia preferential
   treatment also for non-frozen ajvar.
   The Additional Protocol proposed appears to be the most efficient means of
   implementing this provision by modifying the Interim Agreement, currently in
   force, and the Europe Agreement, subsequently at such time as it enters into
   force.
5. The purpose of this proposal is to ask the Council to adopt the proposed
   provision as set out in the Additional Protocol.
                                              1
 ---pagebreak---                                                                       W4354/98 Rev. 1-EN
                          Proposal for a Council Decision of...
  on the conclusion of the Additional Protocol to the Interim Agreement on trade
 and trade-related matters between the European Community, the European Coal
  and Steel Community and the European Atomic Energy Community, of the one
part, and the Republic of Slovenia, of the other part, and to the Europe Agreement
between the European Communities and their Member States, of the one part, and
                       the Republic of Slovenia, of the other part
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular
Article 113 in conjunction with Article 228 (2) thereof,
Having regard to the proposal from the Commission,
Whereas the Commission has negotiated on behalf of the Communities an Additional
Protocol to the Interim Agreement on trade and trade-related matters and to the Europe
Agreement with the Republic of Slovenia;
Whereas it is necessary to approve this Additional Protocol,
 HAS DECIDED AS FOLLOWS:
                                         Article 1
The Additional Protocol to the Interim Agreement on trade and trade-related matters
between the European Community, the European Coal and Steel Community and the
European Atomic Energy Community, of the one part, and the Republic of Slovenia, of
the other part, and to the Europe Agreement between the European Communities and
their Member States, of the one part, and the Republic of Slovenia, of the other part, is
hereby approved on behalf of the European Communities.
The text of the Additional Protocol is attached to this Decision.
                                         Article 2
The President of the Council is hereby authorized to designate the person empowered to
sign the Additional Protocol on behalf of the European Communities.
The President of the Council shall, on behalf of the Community, give the notification
provided for in Article 3 of the Protocol.
Done at Brussels,
For the Council
 ---pagebreak---                                                                         W4354/98Rev. 1-EN
                              ADDITIONAL PROTOCOL
      to the Interim Agreement on trade and trade-related matters between the
      European Community, the European Coal and Steel Community and the
     European Atomic Energy Community, of the one part, and the Republic of
   Slovenia, of the other part and to the Europe Agreement between the European
     Communities and their Member States, of the one part, and the Republic of
                               Slovenia, of the other part
THE EUROPEAN COMMUNITY, hereinafter referred to as "the Community",
THE REPUBLIC OF SLOVENIA, hereinafter referred to as "Slovenia",
Whereas the Europe Agreement establishing an association between the European
Communities and their Member States, acting within the framework of the European
Union, of the one part, and the Republic of Slovenia, of the other part, was signed in
Luxembourg on 10 June 1996, and has not yet entered into force;
Whereas, pending the entry into force of the Europe Agreement, provisions thereof on
trade and trade - related matters have been put into force since 1 January 1997 by the
Interim Agreement on trade and trade-related matters between the European
Community, the European Coal and Steel Community and the European Atomic Energy
Community, of the one part, and the Republic of Slovenia, of the other part, (hereinafter
called "the Interim Agreement"), signed in Brussels on 11 November 1996;
Whereas the Europe Agreement and, pending its entry into force, the Interim Agreement
provides in its Annex VI for preferential treatment for imports into the Community, of an
unlimited volume of frozen Ajvar produce originating in Slovenia;
Whereas the preferential treatment traditionally enjoyed by Slovenia for frozen and non-
frozen Ajvar under the Co-operation Agreement with Slovenia should be taken into
account; whereas Ajvar is a specific product and is not produced in the Community;
Whereas for these reasons, the Europe Agreement and, pending its entry into force, the
Interim Agreement, should grant to imports of non frozen Ajvar the same preferential
treatment as granted to frozen Ajvar,
HAVE DECIDED to conclude this Protocol and to this end have designated as their
plenipotentiaries :
THE EUROPEAN COMMUNITY :
THE REPUBLIC OF SLOVENIA
WHO, having exchanged their full powers, found in good and due form
HAVE AGREED AS FOLLOWS :
                                                 M-
 ---pagebreak---                                                                         VI/4354/98 Rev. 1-EN
                                          Article J
From the date of entry into force of this Additional Protocol, the Europe Agreement,
and, pending its entry into force, the Interim Agreement are amended by the inclusion of
the following concession in their Annex VI :
    CN code          Tariff                  Description                 Rate of      Volume
                     sub-                                                 duty
                   division
                               Other vegetables prepared or
                               preserved otherwise than by vinegar
                               or acetic acid, not frozen, other than
                               products of heading No 2006:
                               - Other vegetables and mixtures of
                               vegetables:
ex 2005 90 70         20       — Mixtures of vegetables, the               free      unlimited
                               product known as "Ajvar", obtained
                               from sweet peppers, to which spices,
                               extracts of spices or distillates of
                               natural spices, and sometimes
                               aubergines and tomatoes, are added,
                               containing at least 9 % of dry
                               extracts, used mainly as a salad
                                          Article 2
This Protocol shall form an integral part of the Interim Agreement and of the Europe
Agreement.
                                          Article 3
This Protocol shall enter into force following notification of approval procedures.
                                          Article 4
This Protocol shall be drawn up in duplicate in the Danish, Dutch, English, Finnish,
French, German, Greek, Italian, Portuguese, Spanish, Swedish and Slovenian languages,
each of these texts being equally authentic.
 ---pagebreak---        FINANCIAL STATEMENT
       BUDGET I lEADING.Chapter 10 - Agricultural duties                              APPROPRIATIONS:!**^ 623.8m
       TITLE. Proposal for a Council Decision of... on the conclusion of the Additional Protocol to the Interim
       Agreement on trade and trade-related matters between the European Community, the European Coal
       and Steel Community and the European Atomic Energy Community, of the one part, and the Republic
       of Slovenia, of the other part, and to the Europe Agreement between the European Communities and
       their Member States, of the one part, and the Republic of Slovenia, of the other part
       LEGAL BASIS: Article 113 of the Treaty
4.     AIMS OF PROJECT:To grant Slovenia an import concession for fresh ajvar
       FINANCIAL IMPLICATIONS                                 PERIOD OF 12             CURRENT            FOLLOWING
                                                                 MONTHS               FINANCIAL            FINANCIAL
                                                                                       YEAR(98)             YEAR(99)
                                                                 million ecu
                                                                                       million ecu          million ecu
5.0.   EXPENDITURE
       -CHARGED TO THE EC MIDGET
         (REFUNDS/INTERVENTION)
       - NATIONAL ADMINISTRATION
       - OTHER
                                                                      0.04               -0.04                -0.04
5.1.   REVENUE
       - OWN RESOURCES OF THE EC
         (LEVIES/CUSTOMS DUTIES)
       -NATIONAL
                                                                 1997            1998              1999           2000
5.0.1. ESTIMATED EXPENDITURE
                                                                -0.04           -0.04             -0.04
5.1.1. ESTIMATED REVENUE
5.2.   METHOD OF CALCULATION.Potential loss of own resources calculated from the quantities imported from Slovenia by
       the Community in 1997, i.e. 289 tonnes. 289 tonnes x (ECU 651/tonne x 19.8% ad valorem) = ECU 37.251
6.0.   CAN THE PROJECT BE FINANCED FROM APPROPRIATIONS ENTERED IN THE RELEVANT                                  YES/NO
       CHAPTER OF THE CURRENT BUDGET?
6.1.   CAN THE PROJECT BE FINANCED BY TRANSFER BETWEEN CHAPTERS OF THE CURRENT                                  YES/NO
       BUDGET?
6.2.   IS A SUPPLEMENTARY BUDGET NECESSARY?                                                                     YJ&S/NO
6.3.    WILL FUTURE BUDGET APPROPRIATIONS BE NECESSARY?                                                         YES/NO
OBSERVATIONS:
                                                               4>
 ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(98) 365 final
                                              DOCUMENTS
EN                                                             03 11 02 10
                                    Catalogue number : CB-C0-98-382-EN-C
                                                             ISBN 92-78-37138-6
Office for Official Publications of the European Communities
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