Council Regulation (EC) No 2851/2000

of 22 December 2000

establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with the Republic of Poland and repealing Regulation (EC) No 3066/95

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 Poland, of the other part(1), provides for certain concessions for certain agricultural products originating in Poland.

(2) Improvements to the preferential agreements of the Europe Agreement with the Republic of Poland were provided for in Council Regulation (EC) No 3066/95 of 22 December 1995 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for the adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreements to take account of the Agreement on Agriculture concluded during the Uruguay Round Multilateral Trade Negotiations(2). The Protocol adjusting trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture including improvements to existing preferential agreements has not yet entered into force.

(3) As a result of the conclusion of agreements with Bulgaria, the Czech Republic, Hungary, Romania and the Slovak Republic on further agricultural concessions, Regulation (EC) No 3066/95 has effectively been voided of its substance and should therefore be repealed.

(4) In accordance with the directives adopted by the Council on 30 March 1999, the Commission and Poland concluded on 26 September 2000 negotiations on a new Additional Protocol to the Europe Agreement.

(5) The new Additional Protocol, which provides for additional agricultural concessions, will be based on Article 20(5) of the Europe Agreement, establishing that the Community and Poland are to examine in the Association Council, product by product on an orderly and reciprocal basis, the possibility of granting each other further concessions.

(6) A swift implementation of the adjustments forms an essential part of the results of the negotiations for the conclusion of a new Additional Protocol to the Europe Agreement with the Republic of Poland.

(7) It is therefore appropriate to provide for the adjustment, as an autonomous and transitional measure, of the agricultural concessions provided for in the Europe Agreement with the Republic of Poland.

(8) The Republic of Poland will also undertake all the necessary legislative provisions, on an autonomous and transitional basis, in order to implement simultaneously the commitments made by the Republic of Poland as a result of the conclusion of the negotiations.

(9) The measures necessary for the implementation of this Regulation should be 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(3).

(10) 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) codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations,

HAS ADOPTED THIS REGULATION:

Article 1

1. The arrangements for import into the Community applicable to certain agricultural products originating in the Republic of Poland as set out in Annex A(a) and A(b) to this Regulation shall replace those referred to in Annexes VIIIa, VIIIb, Xa, Xb and Xc of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part.

2. On the entry into force of the Additional Protocol adjusting the Europe Agreement to take into account the outcome of the negotiations between the parties on new mutual agricultural concessions, the concessions provided for in that Protocol shall replace those referred to in Annex A(a) and A(b) to this Regulation.

3. Regulation (EC) No 3066/95 is hereby repealed.

4. The Commission shall adopt detailed rules for the application of this Regulation in accordance with the procedure laid down in Article 3(2).

Article 2

1. Tariff quotas with an order number above 09.5100 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.

2. Quantities of goods subject to tariff quotas and released for free circulation as from 1 July 2000 under the concessions provided for in Annexes VIIIa, VIIIb, Xa, Xb and Xc to the Europe Agreement in accordance with the provisions of Regulation (EC) No 3066/95 shall be fully counted against the quantities provided for in Annex A(b) of this Regulation, except for quantities for which import licences have been issued before 1 July 2000.

3. Paragraph 2 shall not apply to the tariff quota with order number 09.5811.

Article 3

1. The Commission shall be assisted by the committee instituted by Article 23 of Council Regulation (EEC) No 1766/92 on the common organisation of the market of cereals(5) or, where appropriate, the committee instituted by the relevant provisions of the other Regulations on the common organisation of agricultural markets, hereafter referred to as the "Committee".

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month.

3. The Committee shall adopt its rules of procedure.

Article 4

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 2001.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 December 2000.

For the Council

The President

C. Pierret

(1) OJ L 348, 31.12.1993, p. 2.

(2) OJ L 328, 30.12.1995, p. 31. Regulation as last amended by Regulation (EC) No 2435/98 (OJ L 303, 13.11.1998, p. 1).

(3) OJ L 184, 17.7.1999, p. 23.

(4) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1602/2000 (OJ L 188, 26.7.2000, p. 1).

(5) OJ L 181, 1.7.1992, p. 21.

ANNEX A(a)

Custom duties on imports applicable in the Community to products originating in Poland and listed below shall be abolished

CN code(1)

0101 20 10

0104 20 10

0106 00 10

0106 00 20

0205 00 11

0205 00 19

0205 00 90

0208 10 11

0208 10 19

0208 20 00

0208 90 10

0208 90 50

0208 90 60

0208 90 80

0210 90 10

0210 90 79

0407 00 90

0410 00 00

0601 10 10

0601 10 20

0601 10 30

0601 10 40

0601 10 90

0601 20 30

0601 20 90

0602 10 90

0602 20 90

0602 30 00

0602 40 10

0602 40 90

0602 90 10

0602 90 30

0602 90 41

0602 90 45

0602 90 49

0602 90 51

0602 90 59

0602 90 70

0602 90 91

0602 90 99

0604 10 90

0604 91 21

0604 91 29

0604 91 41

0604 91 49

0604 91 90

0604 99 90

0701 90 10

0703 10 90

0703 90 00

0704

0705

0706

0707 00 90

0708

0709 20

0709 51 10

0709 51 30

0709 51 50

0709 51 90

0709 52 00

0709 60 10

0709 60 99

0709 90 40

0709 90 50

0710 21 00

0710 22 00

0710 29 00

0710 30 00

0710 80 59

0710 80 61

0710 80 69

0710 80 70

0710 80 85

0710 80 95

0710 90 00

0711 10 00

0711 30 00

0711 90 10

0711 90 40

0711 90 60

0711 90 70

0712 20 00

0712 30 00

0712 90 05

0712 90 50

0712 90 90

0713 50 00

0713 90 10

0713 90 90

0802 21 00

0802 22 00

0802 31 00

0802 32 00

0802 40 00

0802 90 85

0806 20 11

0806 20 12

0802 20 18

0806 20 91

0806 20 92

0806 20 98

0807 11 00

0807 19 00

0808 20 90

0809 40 90

0810 10

0810 40 30

0810 40 50

0810 40 90

0810 90 85

0811 90 11

0811 90 19

0811 90 31

0811 90 39

0811 90 50

0811 90 70

0811 90 85

0811 90 95

0812 10 00

0812 20 00

0812 90 40

0812 90 50

0812 90 60

0812 90 95

0813 10 00

0813 20 00

0813 30 00

0813 40 10

0813 40 30

0813 40 95

0813 50 12

0813 50 15

0813 50 19

0813 50 39

0813 50 91

0813 50 99

0814 00 00

0901 12 00

0901 21 00

0901 22 00

0902 10 00

0904 12 00

0904 20 10

0904 20 90

0907 00 00

0910 40 13

0910 40 19

0910 40 90

0910 91 90

0910 99 99

1106 10 00

1106 30 90

1208 10 00

1209 19 00

1209 21 00

1209 23 80

1209 29 50

1209 29 80

1209 30 00

1209 91 10

1209 91 90

1209 99 91

1209 99 99

1211 90 30

1212 10 10

1212 10 99

1214 90 10

1302 19 05

1502 00 90

1503 00 19

1503 00 90

1504 10 10

1504 10 99

1504 20 10

1504 30 10

1508 10 90

1508 90 10

1508 90 90

1511 10 90

1511 90 11

1511 90 19

1511 90 91

1511 90 99

1513 11 10

1513 11 91

1513 11 99

1513 19 11

1513 19 19

1513 19 30

1513 19 91

1513 19 99

1513 21 11

1513 21 19

1513 21 30

1513 21 90

1513 29 11

1513 29 19

1513 29 30

1513 29 50

1513 29 91

1513 29 99

1515 19 10

1515 19 90

1515 21 10

1515 21 90

1515 29 10

1515 29 90

1515 30 90

1515 50 11

1515 50 19

1515 50 91

1515 50 99

1515 90 29

1515 90 39

1515 90 40

1515 90 51

1515 90 59

1515 90 60

1515 90 91

1515 90 99

1516 20 95

1516 20 96

1516 20 98

1518 00 31

1518 00 39

1522 00 91

1602 31 11

1602 31 19

1602 31 30

1602 31 90

2001 90 20

2001 90 50

2003 10 20

2003 10 30

2005 10 00

2005 20 20

2005 20 80

2005 40 00

2005 51 00

2005 59 00

2005 60 00

2005 90 10

2005 90 30

2005 90 50

2005 90 60

2005 90 70

2005 90 75

2005 90 80

2008 80

2009 70 19

2009 70 30

2009 70 93

2009 70 99

2009 80 19

2009 80 38

2009 80 69

2009 80 95

2009 80 96

2009 80 97

2009 80 99

2009 90 19

2009 90 29

2009 90 39

2302 50 00

2306 90 19

2308 90 90

2309 10 51

2309 10 90

2309 90 10

2309 90 31

2309 90 41

2309 90 51

(1) As defined in Commission Regulation (EC) No 2204/1999 of 12 October 1999, amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 278, 28.10.1999, p. 1).

ANNEX A(b)

Imports into the Community of the following products originating in Poland shall be subject to the concessions set out below

(MFN = Most Favoured Nation duty)

>TABLE>

Annex to Annex A(b)

Minimum import price arrangement for certain soft fruit for processing

1. Minimum import prices are fixed as follows for the following products for processing originating in Poland:

>TABLE>

2. The minimum import prices, as set out in point 1, will be respected on a consignment by consignment basis. In the case of a customs declaration value being lower than the minimum import price, a countervailing duty will be charged equal to the difference between the minimum import price and the customs declaration value.

3. If the import prices of a given product covered by this Annex show a trend suggesting that the prices could go below the level of the minimum import prices in the immediate future, the European Commission will inform the Polish authorities in order to enable them to correct the situation.

4. At the request of either the Community or Poland, the Association Committee shall examine the functioning of the system or the revision of the level of the minimum import prices. If appropriate, the Association Committee shall take the necessary decisions.

5. To encourage and promote the development of trade and for the mutual benefit of all parties concerned, a consultation meeting will be organised three months before the beginning of each marketing year in the European Community. This consultation meeting will take place between the European Commission and the interested European producers' organisations for the products concerned, of the one part and the authorities', producers' and exporters' organisations of all the associated exporting countries, of the other part.

During this consultation meeting, the market situation for soft fruit including, in particular, forecasts for production, stock situation, price evolution and possible market development, as well as possibilities to adapt supply to demand, will be discussed.