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,

HAS ADOPTED THIS REGULATION:

Article 1

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.

Article 2

Autonomous Community tariff quotas shall be opened in accordance with Annex III.

Article 3

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.

Article 4

Articles 2 to 7 of Regulation (EC) No 1798/94() shall apply to the tariff quotas referred to in Annex II.

Article 5

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.

Article 6

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.

Done at Brussels, 22 December 1994.

For the Council

The President

H. SEEHOFER

() OJ No L 189, 23. 7. 1994, p. 1.

() Council Regulation (EC) No 3448/93 of 6 December 1993 laying down the trade arrangements applicable to certain goods resulting from the processing of agricultural products (OJ No L 318, 20. 12. 1993, p. 8).

() OJ No L 115, 30. 4. 1992, p. 2.

() OJ No L 148, 28. 6. 1968, p. 24. Regulation as last amended by Regulation (EC) No 1096/94 (OJ No L 121, 12. 5. 1994, p. 9).

ANNEX I

PREFERENTIAL TARIFF QUOTAS OPENED FOR 1995

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ANNEX II

PREFERENTIAL TARIFF QUOTAS OPENED FOR 1995

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Annex to Annex II

Minimum import price arrangement

for certain soft fruit for processing

1. For each country, minimum import prices are fixed for each marketing year for the following products:

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2. In case of non-respect of these minimum import prices, the Community may introduce measures ensuring that the minimum import price is respected for each consignment of the product concerned imported from any of the countries.

ANNEX III

AUTONOMOUS COMMUNITY TARIFF QUOTAS OPENED FROM 1 JANUARY TO 30 JUNE 1995

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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

Modified by

Council Regulation (EC) No 2857/95 of 8 December 1995 amending Regulation (EC) No 3379/94 opening and administering certain Community tariff quotas in 1995 for certain agricultural products and for beer