Council Regulation (EC) No 278/2003 of 6 February 2003 adopting autonomous and transitional measures concerning the importation of certain processed agricultural products originating in Poland

Council Regulation (EC) No 278/2003
of 6 February 2003
adopting autonomous and transitional measures concerning the importation of certain processed agricultural products originating in Poland
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) Protocol 3 to the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, hereinafter referred to as "Europe Agreement with Poland"(1), provides for tariff concessions for processed agricultural products originating in Poland. Protocol 3 has been amended by the Adaptation Protocol(2) adjusting trade aspects of the Europe Agreement with Poland.
(2) The procedure for adopting a decision to amend the said Adaptation Protocol was not completed in time for it to enter into force on 1 January 2003. It is therefore necessary to provide for the application of the concessions granted in that Protocol to Poland on an autonomous basis from 1 February 2003.
(3) The new annual quotas provided for in the Annex should be opened for the period from 1 February to 31 December 2003 and from 1 January to 31 December in the following years. Furthermore, it should be specified that any imports originating in Poland already made after 1 February 2003 pursuant to the tariff quotas provided for in Regulation (EC) No 2364/2002(3) are to be considered as coming under the new tariff quotas. It should be noted in this respect that the duties applied to such imports made after 1 February 2003 shall be reimbursed as appropriate in accordance with the provisions of Articles 878 to 898 of 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(4).
(4) Provision should be made for the tariff quotas to be managed by the Community authorities and the Member States in conformity with Regulation (EEC) No 2454/93.
(5) The measures necessary to implement this Regulation 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(5),