CELEX: 52002PC0003(02)
Language: en
Date: 2002-02-08
Title: Proposal for a Council Regulation adopting autonomous measures concerning the importation of fish and fishery products originating in the Republic of Lithuania

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                Brussels, 08.02.2002
                                                COM(2002) 3-5 final
                                                2002/0012 (ACC)
                                   Proposal for a
                           COUNCIL REGULATION
adopting autonomous measures concerning the importation of fish and fishery products
                     originating in the Republic of Slovenia
                          (presented by the Commission)
 ---pagebreak---                              EXPLANATORY MEMORANDUM
On 29 May 2000, the Council authorised the Commission to undertake negotiations on behalf
of the Community with the Republic of Slovenia to liberalise reciprocal trade in fish and
fishery products.
Negotiations were held on 28-29 August 2000 and 28 November 2000.
The two parties agreed on a model for simple, gradual and reciprocal tariff concessions,
whose details have been recorded in the Agreed Minutes signed by each head of delegation.
The main commitments made by the Community as a result of the conclusion of negotiations
are as follows:
-       The Community will eliminate all tariff duties for the products covered by
Annex VIII (a) of the Europe Agreement, upon entry into force of the agreement.
-       As regards prepared or preserved sardines falling under CN Codes 1604 13 11 and
1604 13 19, the Community will establish a tariff quota of 100 tonnes, at 4%, covering the
first 12 months of the agreement. For the quantity above the quota a one-third reduction of the
applicable tariffs will be applied. After the 12-month period, the 4% duty rate shall remain
applicable for a further 24 months.
-       As regards all other fish and fishery products, as covered by the definition set out in
Regulation (EC) N° 104/2000, the Community will apply a one-third reduction of the tariff
duties at the date of entry into force of the agreement. The following year a further reduction
of one-third will be applied. Three years after the date of entry into force of the agreement, the
Community shall eliminate all tariff duties on fish and fishery products.
A Protocol laying down the new trade arrangements for fish and fishery products has to be
added to the Europe Agreement between the Community and Slovenia. Pending the
completing of internal procedures required for the entry into force of the additional Protocol,
it is proposed that, through a Council Regulation, the Community adopts autonomous
measures enabling the concessions made to Slovenia to apply as early as 1 January 2002. A
swift implementation of the agreement is desirable in order to introduce the gradual
liberalisation of trade in fish and fishery products and to give a positive political sign to
Slovenia in the context of the accession process.
The adoption of the proposed autonomous measures will bring forward the effective starting
date for the gradual liberalisation of trade in fish and fishery products between the
Community and the Republic of Slovenia. It is therefore necessary to ensure that this
circumstance is taken into account at the time when the new Additional Protocol to the
Europe Agreement enters into force. For this purpose, the conclusion of an interpretative
Exchange of Letters with Slovenia will be proposed shortly.
In light of the above, the Council is requested to adopt the attached Regulation implementing,
on an autonomous basis, the concessions agreed between the Community and Slovenia.
                                                 2
 ---pagebreak---                                                         2002/0012 (ACC)
                                           Proposal for a
                                   COUNCIL REGULATION
 adopting autonomous measures concerning the importation of fish and fishery products
                             originating in the Republic of Slovenia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article
133 thereof,
Having regard to the proposal from the Commission,
Whereas:
(1)     The Europe Agreement establishing an association between the European
        Communities and their Member States, of the one part, and the Republic of Slovenia,
        of the other part1, provides for certain concessions for fish and fishery products, which
        are listed in its annexes VIII a) and VIII b).
(2)     In accordance with the directives issued by the Council on 29 May 2000, negotiations
        with Slovenia on a new Additional Protocol to the Europe Agreement were concluded
        on 28 November 2000.
(3)     The new Additional Protocol, based on Article 21(5) and Article 24(1) of the Europe
        Agreement, provides for further concessions on fish and fishery products.
(4)     A swift implementation of the agreement forms an essential part of the results of the
        negotiations for the conclusion of a new Additional Protocol to the Europe Agreement
        with Slovenia.
(5)     Slovenia will take all useful legislative provisions, on an autonomous basis, in order to
        enable the reciprocal and simultaneous implementation of concessions to the
        Community provided for in the Additional Protocol.
(6)     It is therefore appropriate for the Community to adopt autonomous measures
        introducing the concessions provided for in the new Additional Protocol to the Europe
        Agreement.
(7)     As far as the management of the tariff quota is concerned, it is appropriate to follow
        the chronological order of dates of acceptance of customs declarations in accordance
        with Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down
1
  OJ L 51, 26.2.1999, p.3.
                                                  3
 ---pagebreak---         provisions for the implementation of Council Regulation (EEC) No 2913/92
        establishing the Community Customs Code2
HAS ADOPTED THIS REGULATION:
                                                  Article 1
1.         The arrangements for the importation into the Community of fish and fishery
           products originating in the Republic of Slovenia, as set out in Articles 2, 3 and 4
           below, shall modify the Europe Agreement with the Republic of Slovenia.
2.         From the date of entry into force of the new Additional Protocol to the Europe
           Agreement with Slovenia, the concessions provided therein shall apply taking
           account of the implementation measures already adopted by both Parties, in a
           reciprocal manner, in advance of that date. Accordingly, on the date of entry into
           force of the Additional Protocol, its provisions shall replace and supersede the
           relevant provisions of this Regulation.
                                                  Article 2
As from 1 January 2002, the Community shall eliminate the tariff duties on all the products
covered by Annex VIII (a) of the Europe Agreement with Slovenia..-
                                                  Article 3
From 1 January until 31 December 2002 the Community shall establish for prepared or
preserved sardines falling under CN Codes 1604 13 11 and 1604 13 19 a tariff quota with
order number 09.1751 of 100 tonnes at 4% duty. For quantities imported into the Community
above the tariff quota, the provisions of Article 4 shall apply.
This tariff quota shall be managed by the Commission in accordance with Articles 308a and
308b of Regulation (EC) No 2454/93.
From 1 January 2003 until 31 December 2004 the 4% duty rate shall remain applicable
without any quantitative limitation.
                                                  Article 4
As from 1 January 2002, the Community shall apply a one-third reduction of the tariff duties
applied to all other fish and fishery products, as defined in Article 1 of Council Regulation
(EC) No 104/20003.
As from 1 January 2003, the Community shall apply a further one-third reduction of the tariff
duties as they were at the time this Regulation became applicable.
2
  OJ L 253, 11.10.1993, p.1. Regulation as last amended by Regulation (EC) No 993/201 (OJ L 141, 28.5.2001,
         p.1.
3
  OJ L 17, 21.1.2000, p.22.
                                                      4
 ---pagebreak--- As from 1 January 2005, the Community shall eliminate the tariff duties on all fish and
fishery products.
                                             Article 5
The calculation of the reductions mentioned in Articles 3 and 4 will be carried out using
common mathematical principles.
In particular, the following rules shall apply:
(a)      all the figures which have less than 50 (included) after the decimal point shall be
rounded down to the nearest whole number;
(b)      all the figures which have more than 50 after the decimal point shall be rounded up to
the nearest whole number;
(c)      all the tariffs below 2% shall automatically be fixed at 0%.
                                             Article 6
This Regulation shall enter into force on the third day following that of its publication in the
Official Journal of the European Communities.
It shall apply from 1 January 2002.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels,
                                               For the Council
                                               The President
                                                 5
 ---pagebreak---                              FINANCIAL STATEMENT
1.  TITLE OF OPERATION
    Proposal to adopt autonomous measures bringing forward in time the application of
    the provisions of an Additional Protocol to the Europe Agreement with Slovenia
    laying down the trade arrangements for fish and fishery products. Reciprocal
    concessions have been agreed and will be implemented over a period of three years,
    leading to full liberalisation of trade in the products concerned.
2.  BUDGET HEADING(S) INVOLVED
    Chapter 12, Article 120
3.  LEGAL BASIS
    Article 133 of the Treaty establishing the European Community
4.  DESCRIPTION OF OPERATION
4.1 General objective
    Full trade liberalisation in fish and fishery products in preparation for accession of
    Slovenia to the European Community.
5.  CLASSIFICATION OF EXPENDITURE OR REVENUE
5.1 Type of revenue involved
    Import duties
6.  TYPE OF EXPENDITURE OR REVENUE
    – The proposed operation will cause a reduction in import duties levied on fish and
       fishery products originating in Slovenia.
    – However, the operation will also cause a reduction in import duties paid by the
       Community’s operators when exporting fishery products to Slovenia.
7.  FINANCIAL IMPACT
7.1 Method of calculating total cost of operation (relation between individual and
    total costs)
    The cost of the operation has been based on trade in 1998, 1999 and 2000. Due to the
    unpredictable levels of trade and the varying rates of duty applied to the products
    concerned, an average estimated duty level of 12% has been used to calculate the
                                             6
 ---pagebreak---           duty levied in 1998, 1999 and 2000. Import duties levied in 1999 showed an increase
          of almost 30% over 1998; duties in 2000 showed a decrease of almost 46% over
          1999. An average increase in duty level of 8% has thus been used to calculate the
          estimated import duties foreseen. This has then been reduced by one third for year
          one and a further one third for year two.
          As the entry into force of the arrangements is expected to take place in the course of
          the year 2001, the estimated cost will be made as though 2001 is year one, 2002 is
          year two, 2003 is year three.
7.2       Itemised breakdown of cost
                                    Commitment appropriations EUR million (at current prices)
Breakdown                    2002     2002+1    2002+2
 Estimated import duties =    0.27
(yr 2000 x 8%)-33.3% =
(0.27 x 8%)-33.3%
 Estimated import duties =             0.14
(yr 2002 x 8%)-33.3% =
(0.2 x 8%)-33.3%
Estimated import duties =                       0
2002+2
Total                         0.27     0.14      0
                                                   7