COUNCIL REGULATION (EC) No 3379/94
of 22 December 1994
opening and administering certain Community  tariff quotas in 1995 for certain agricultural products and for beer
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 1994 Act of Accession,
Having regard to the proposal from the Commission,
Whereas, under the Europe Agreements, the Interim Agreements and the Free Trade Agreements between  the Community of the one part, and Bulgaria, the Czech Republic, the Slovak Republic, Hungary,  Poland and Romania of the other part (hereinafter called 'third countries'), concessions regarding  certain agricultural products have been granted to most of those countries;
Whereas, as a result of the accession of Austria, Finland and Sweden, those concessions should be  adjusted to take into account the arrangements for trade in agricultural products which existed  between those States of the one part, and Bulgaria, the Czech Republic, the Slovak Republic,  Hungary, Poland and Romania of the other part.
Whereas to that end exploratory talks are in progress with those third countries with a view to the  conclusion of additional protocols to the abovementioned agreements;
Whereas, however, because of excessively tight deadlines, the additional protocols cannot enter  into force on 1 January 1995;
Whereas in these circumstances and pursuant to Articles 76, 102 and 128 of the Act of Accession,  the Commission must adopt the measures required to remedy the situation; whereas, given the very  short time remaining before the accession of the new Member States, those measures must take the  form of autonomous Community tariff quotas covering the conventional preferential tariff quotas  applied by those States;
Whereas the new Member States must apply the import arrangements applicable in the Community with  effect from 1 January 1995;
Whereas Austria has undertaken under the GATT to open tariff quotas for certain products; whereas  those undertakings must be renegotiated as a result of its accession to the Community;
Whereas, however, maintenance of the tariff quotas resulting from the undertakings should be  guaranteed temporarily; whereas, therefore, it is necessary to open autonomous Community tariff  quotas taking account of the undertakings, without prejudice to the results of negotiations under  the GATT following the accession of the new Member States,
Without prejudice to the import arrangements in the Community  applicable to certain agricultural products pursuant to agreements concluded between the Community  and Bulgaria, the Czech Republic, the Slovak Republic, Hungary, Poland and Romania, existing  Community tariff quotas shall be increased or, as necessary, new Community tariff quotas shall be  opened autonomously in accordance with Annexes I and II to this Regulation.
Autonomous Community tariff quotas shall be opened in accordance with Annex III.
Detailed rules of application for the products referred to in Annex I shall be adopted  in accordance with the procedure laid down in Article 27 of Council Regulation (EEC) No 806/68 of  27 June 1968 on the common organization of the market in beef and veal() or in the corresponding  Articles of the other Regulations on the common organization of the markets concerned.
Articles 2 to 7 of Regulation (EC) No 1798/94() shall apply to the tariff quotas  referred to in Annex II.
1. For the products referred to in Annex III other than beer the detailed rules,  including any extensions, and in particular:
(a) provisions guaranteeing the nature, provenance and origin of the product;
(b) provisions relating to recognition of the documents attesting to the guarantees referred to in  (a); and
(c) conditions for the issuance and period of validity of import licences;
shall be adopted in accordance with the procedure laid down in Article 27 of Regulation (EEC) No  805/68 or in the corresponding Articles of the other Regulations on the common organizations of the  markets concerned.
2. With regard to beer, the detailed rules shall be the same as those adopted in accordance with  the procedure laid down in Article 16 of Regulation (EC) No 3448/93() pursuant to the tariff  concessions laid down in Protocol 3 to the Interim Agreement on trade and trade-related matters  between the European Economic Community and the European Coal and Steel Community, of the one part,  and the Czech and Slovak Republic(), of the other part.
This Regulation shall enter into force on the date of entry into force of the 1994  Treaty of Accession.
This Regulation shall be binding in its entirety and directly applicable in all  Member States.