Avis juridique important

Council Regulation (EC) No 2435/2000 of 17 October 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 Romania Official Journal L 280 , 04/11/2000 P. 0017 - 0025

Council Regulation (EC) No 2435/2000 of 17 October 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 Romania 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 Romania, of the other part(1), provides for certain concessions for certain agricultural products originating in Romania. (2) Improvements to the preferential agreements of the Europe Agreement with Romania were provided for in 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 Romania, of the other part, to take account of 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 the existing preferential arrangements(2). The Council approved the abovementioned Protocol on behalf of the Community by Council Decision 98/626/EC(3). (3) In accordance with the directives adopted by the Council on 30 March 1999, the Commission and Romania concluded on 26 May 2000 negotiations on a new Additional Protocol to the Europe Agreement. (4) The new Additional Protocol, which provides for additional agricultural concessions, will be based on Article 21(5) of the Europe Agreement, establishing that the Community and Romania are to examine in the Association Council, product by product and on an orderly and reciprocal basis, the possibility of granting each other further concessions. (5) 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 Romania. (6) 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 Romania. (7) Romania will also undertake all the necessary legislative provisions, on an autonomous and transitional basis, in order to implement simultaneously the commitments made by Romania as a result of the conclusion of the negotiations. (8) 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(4). (9) 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(5) 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 Romania as set out in Annexes A(a) and A(b) to this Regulation shall replace those set out in Annex XI to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part. 2. On the entry into force of the new Additional Protocol adjusting the Europe Agreement referred to in paragraph 1, the concessions provided for in that Protocol shall replace those referred to in Annexes A(a) and A(b) to this Regulation. 3. 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 Annex XI to the Europe Agreement in accordance with the provisions of Regulation (EC) No 3066/95(6) before the entry into force of this Regulation shall be fully counted against the quantities provided for in the Annex A(b) to this Regulation. Article 3 1. The Commission shall be assisted by the Committee instituted by Article 23 of Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market of cereals(7) or, where appropriate, the committee instituted by the relevant provisions of the other Regulations on the common organisation of agricultural markets, hereinafter referred to as the "Committee". 2. Where reference is made to this paragraph, the procedure laid down in Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down 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 July 2000. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Luxembourg, 17 October 2000. For the Council The President L. Fabius (1) OJ L 357, 31.12.1994, p. 2. (2) OJ L 301, 11.11.1998, p. 3. (3) OJ L 301, 11.11.1998, p. 1. (4) OJ L 184, 17.7.1999, p. 23. (5) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1662/1999 (OJ L 197, 29.7.1999, p. 25). (6) OJ L 328, 30.12.1995, p. 31. Regulation as last amended by Regulation (EC) No 2435/98 (OJ L 303, 13.11.98, p. 1). (7) OJ L 181, 1.7.1992, p. 21. ANNEX A(a) Customs duties on imports applicable in the Community to products originating in Romania 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 0206 80 91 0206 90 91 0208 20 00 0208 90 10 0208 90 50 0208 90 60 0208 90 80 0210 90 10 0407 00 90 0410 00 00 0604 10 90 0604 91 21 0604 91 29 0604 91 41 0604 91 49 0604 91 90 0604 99 90 0701 10 00 0709 51 30 0709 51 50 0709 52 00 0709 60 99 0709 90 40 0711 30 00 0713 50 00 0714 90 90 0802 12 90 0802 40 00 0802 90 50 0802 90 60 0802 90 85 0808 10 10 0810 20 90 0810 30 90 0810 40 30 0810 50 00 0810 90 85 0811 90 85 0813 40 95 0814 00 00 0901 12 00 0901 21 00 0901 22 00 0902 10 00 0904 12 00 0904 20 90 0905 00 00 0907 00 00 0910 20 90 0910 40 90 0910 91 90 0910 99 99 1006 10 10 1007 00 10 1208 10 00 1209 11 00 1209 19 00 1209 21 00 1209 23 80 1209 29 50 1209 30 00 1209 91 10 1211 90 30 1212 10 10 1212 10 99 1302 19 05 1504 10 10 1504 10 99 1504 20 10 1504 30 10 1509 10 10 1509 90 00 1510 00 10 1510 00 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 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 1518 00 31 1518 00 39 1522 00 91 2001 90 20 2005 90 10 2008 19 11 2008 19 13 2008 19 51 2008 19 59 2008 92 72 2306 90 19 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 Romania 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 Romania: >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 Romanian authorities in order to enable them to correct the situation. 4. At the request of either the Community or Romania, 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.

Council Regulation (EC) No 2435/2000

of 17 October 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 Romania

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

(2) Improvements to the preferential agreements of the Europe Agreement with Romania were provided for in 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 Romania, of the other part, to take account of 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 the existing preferential arrangements(2). The Council approved the abovementioned Protocol on behalf of the Community by Council Decision 98/626/EC(3).

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

(4) The new Additional Protocol, which provides for additional agricultural concessions, will be based on Article 21(5) of the Europe Agreement, establishing that the Community and Romania are to examine in the Association Council, product by product and on an orderly and reciprocal basis, the possibility of granting each other further concessions.

(5) 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 Romania.

(6) 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 Romania.

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

(8) 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(4).

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

HAS ADOPTED THIS REGULATION:

1. The arrangements for import into the Community applicable to certain agricultural products originating in Romania as set out in Annexes A(a) and A(b) to this Regulation shall replace those set out in Annex XI to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and Romania, of the other part.

2. On the entry into force of the new Additional Protocol adjusting the Europe Agreement referred to in paragraph 1, the concessions provided for in that Protocol shall replace those referred to in Annexes A(a) and A(b) to this Regulation.

3. The Commission shall adopt detailed rules for the application of this Regulation in accordance with the procedure laid down in Article 3(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 Annex XI to the Europe Agreement in accordance with the provisions of Regulation (EC) No 3066/95(6) before the entry into force of this Regulation shall be fully counted against the quantities provided for in the Annex A(b) to this Regulation.

1. The Commission shall be assisted by the Committee instituted by Article 23 of Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market of cereals(7) or, where appropriate, the committee instituted by the relevant provisions of the other Regulations on the common organisation of agricultural markets, hereinafter referred to as the "Committee".

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

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

3. The Committee shall adopt its rules of procedure.

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 July 2000.

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

Done at Luxembourg, 17 October 2000.

For the Council

The President

L. Fabius

(1) OJ L 357, 31.12.1994, p. 2.

(2) OJ L 301, 11.11.1998, p. 3.

(3) OJ L 301, 11.11.1998, p. 1.

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

(5) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1662/1999 (OJ L 197, 29.7.1999, p. 25).

(6) OJ L 328, 30.12.1995, p. 31. Regulation as last amended by Regulation (EC) No 2435/98 (OJ L 303, 13.11.98, p. 1).

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

ANNEX A(a)

Customs duties on imports applicable in the Community to products originating in Romania 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

0206 80 91

0206 90 91

0208 20 00

0208 90 10

0208 90 50

0208 90 60

0208 90 80

0210 90 10

0407 00 90

0410 00 00

0604 10 90

0604 91 21

0604 91 29

0604 91 41

0604 91 49

0604 91 90

0604 99 90

0701 10 00

0709 51 30

0709 51 50

0709 52 00

0709 60 99

0709 90 40

0711 30 00

0713 50 00

0714 90 90

0802 12 90

0802 40 00

0802 90 50

0802 90 60

0802 90 85

0808 10 10

0810 20 90

0810 30 90

0810 40 30

0810 50 00

0810 90 85

0811 90 85

0813 40 95

0814 00 00

0901 12 00

0901 21 00

0901 22 00

0902 10 00

0904 12 00

0904 20 90

0905 00 00

0907 00 00

0910 20 90

0910 40 90

0910 91 90

0910 99 99

1006 10 10

1007 00 10

1208 10 00

1209 11 00

1209 19 00

1209 21 00

1209 23 80

1209 29 50

1209 30 00

1209 91 10

1211 90 30

1212 10 10

1212 10 99

1302 19 05

1504 10 10

1504 10 99

1504 20 10

1504 30 10

1509 10 10

1509 90 00

1510 00 10

1510 00 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 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

1518 00 31

1518 00 39

1522 00 91

2001 90 20

2005 90 10

2008 19 11

2008 19 13

2008 19 51

2008 19 59

2008 92 72

2306 90 19

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 Romania 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 Romania:

>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 Romanian authorities in order to enable them to correct the situation.

4. At the request of either the Community or Romania, 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.