Proposal for a Council Decision on the conclusion of an Agreement in the form of an exchange of letters concerning fishery products, amending the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 13. 09. 1999 COM(1999)431 final 99/0193 (ACC) Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters concerning fishery products, amending the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part (presented by the Commission) EXPLANATORY MEMORANDUM Under the terms of Article 21 (5) and Article 24 of the Europe Agreement between the European Community and Bulgaria, provision is made for the negotiations of reciprocal tariff concessions in the fisheries sector. the Council approved the negotiating mandate for In September 1998, the Commission to undertake negotiations with Bulgaria to conclude reciprocal tariff concessions in the fisheries sector. As a result, negotiations were held in October and December to finalise these bilateral concessions. The negotiations were undertaken on the basis of non-papers developed following discussion with the Member States in the Central and Eastern European Countries Working Group of the Council. In the course of the negotiations with Bulgaria, some minor changes were introduced into the respective concessions offered. These changes were incorporated, where possible, to take into account Member States concerns. The Commission services are of the opinion that the results of the negotiations represent a balanced and acceptable outcome to the negotiations, where the Community is a net beneficiary from the negotiations. 2 Proposal for a COUNCIL DECISION on the conclusion of an Agreement in the form of an exchange of letters concerning fishery products, amending the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300 (2) first sentence thereof, Having regard to the proposal from the Commission, Whereas it is desirable to amend by means of an Agreement in the form of an exchange of letters with the Republic of Bulgaria the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part1, so as to provide for preferential conditions for the importation into the Community of various fish and fishery products originating in the Republic of Bulgaria, and into the Republic of Bulgaria of various fish and fishery products originating in the Community. HAS DECIDED AS FOLLOWS: Article 1 in the form of an exchange of letters between the European The Agreement Communities and the Republic of Bulgaria, concerning fishery products, amending Article 24 of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part and laying down the trade introducing into the same Agreement a new Protocol arrangements for certain fish and fishery products, is hereby approved on behalf of the European Community. The text of the Agreement is attached to this Decision. 1 OJ L 358 of 31. 12. 1994, p. 1. 3 Article 2 The President of the Council is authorised to designate the person empowered to sign the Agreement in order to bind the Community. Done at Brussels, For the Council The President 4 ANNEX AGREEMENT In the form of an exchange of letters between the European Community and the Republic of Bulgaria concerning fishery products A. Letter from the Community Sir, I refer to the Europe Agreement signed between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, on 8 March 1993 [and, in particular, the recommendation by the Joint Committee made during its meeting of …… in … ] on the importation of various fish and fishery products. I hereby would like to confirm that the Community [agrees to this recommendation and in consequence] makes the following amendments to the Europe Agreement : (i) A new sentence shall be added to Article 24 of the Europe Agreement as follows : «Protocol (number) lays down the trade arrangements for certain fish and fishery products, listed in the annexes to that Protocol» (ii) A Protocol laying down the trade arrangements for certain fish and fishery products between the European Community and the Republic of Bulgaria, with annexes, shall be added to the Europe Agreement. I would be grateful if you would confirm the agreement of the Government of the Republic of Bulgaria to the above amendments to the Europe Agreement. Please accept, Sir, the assurance of my highest consideration For the European Community 5 B. Letter from Bulgaria Sir, I have the honour to acknowledge receipt of your letter of today worded as follows : «I refer to the Europe Agreement signed between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, on 8 March 1993 [and, in particular, the recommendation by the Joint Committee made during its meeting of ……. in … ] on the importation of various fish and fishery products. I hereby would like to confirm that the Community [agrees to this recommendation and in consequence] makes the following amendments to the Europe Agreement : (i) A new sentence shall be added to Article 24 of the Europe Agreement as follows : «Protocol (number) lays down the trade arrangements for certain fish and fishery products, listed in the annexes to that Protocol» (ii) A Protocol laying down the trade arrangements for certain fish and fishery products between the European Community and the Republic of Bulgaria, with annexes, shall be added to the Europe Agreement I would be grateful if you would confirm the agreement of the Government of the Republic of Bulgaria to the above amendments to the Europe Agreement. » I have the honour to confirm the agreement of my Government with the contents of your letter and to the date proposed for the entry into force of the amendments. Please accept, Sir, the assurance of my highest consideration For the Government of the Republic of Bulgaria 6 PROTOCOL [ ] Laying down the trade arrangement for certain fish and fishery products between the European Community and the Republic of Bulgaria Article 1 The Community shall grant the tariff concessions referred to in Annex I for fish and fishery products, originating in Bulgaria, within the stated quantitative limits. Article 2 Bulgaria shall grant the tariff concessions referred to in Annex II for fish and fishery products, originating in the European Community, within the stated quantitative limits. Article 3 Taking into account the patterns of trade in fisheries products between the Parties, the particular sensitivity of such products and the possibility of market expansion, the Community and Bulgaria will examine on a regular basis, or on the request of one of the Parties, in the Association Council, product by product and on a reciprocal basis, the possibilities of granting each other further concessions. Article 4 The tariff concessions referred to in Annexes I and II shall enter into force from [ ]. 7 ANNEX I Imports into the Community of the following products originating in Bulgaria shall be subject to the concessions set out below N° Tariff N° Description Applicable duty Annual quantities (Tonnes) 1 2 3 4 0301 93 Carp, Live 0302 69 11 Carp, Fresh or Chilled 0303 21 Trout, Frozen 0304 10 19 Fresh or Chilled fillets of Freshwater Fish, other than Free Free Free } } Trout or Salmon } Free 0304 20 11 Frozen Fillets of Trout } } 200 50 260 150 (of which max. 20 t pike perch) 5 0304 10 91 Other Fresh or Chilled Free 90 Meat of Freshwater Fish other than Trout 6 7 8 9 0305 41 Smoked Salmon 0305 49 Smoked Fish, including Fillets, excl. Salmon and Herring Free Free 0307 31 10 Mussels, live, fresh or chilled Free 50 50 40 0307 39 10 Mussels, frozen 0307 99 13 Striped venus and other species of the family Veneridae, frozen Free 160 8 10 11 1604 12 Prepared of Preserved Herrings 1604 13 Prepared or preserved Free Free 50 80 Sardines, sardinella and brisling or sprats 12 1604 15 Prepared Mackerel or preserved Free 100 13 1604 19 10 Prepared or preserved fish, other 1604 19 91 Other, Fillets coated } } } 1604 19 92 Cod } Free 150 1604 19 93 Coalfish 1604 19 94 Hake } } 14 1604 20 Other prepared or preserved fish 15 1605 20 Prepared or preserved Free Free 100 770 Shrimps and Prawns 16 1605 90 Other Molluscs and Aquat. Inv. Free 90 9 ANNEX II Imports into Bulgaria of the following products originating in the Community shall be subject to the concessions set out below N° Tariff N° Description Applicable duty Annual quantities (Tonnes) A B C D E F G H I J K L M N O P Q Free Free Free Free Free Free Free Free Free 0303 21 0303 50 0303 71 0303 74 0303 79 Frozen Trout Herring, Frozen Sardines, Brisling or Sprat, frozen Mackerel, frozen Other frozen fish ex0304 10 38 Fillets of Herring and Mackerel 0304 20 Frozen fillets, other than Mackerel and Herring Other fish meat Fish fillets, dried, salted or in brine, but not smoked 0304 90 0305 30 0305 41 Smoked Salmon Pacific and Danube) (Atlantic, Free 0305 69 Other salted fish, but not dried, Free or smoked and fish in brine 0306 13 30 Shrimps and Prawns, frozen } 50 500 200 3,500 500 100 100 200 75 100 250 0306 23 31 Shrimps and Prawns, not frozen } Free 1,000 0306 23 39 0307 49 1604 13 1604 14 1604 15 1604 20 Other Molluscs Sardines, Sardinella Tunas, Skipjack and Bonito (Sarda spp. ) Mackerel Other prepared or preserved fish } Free Free Free Free Free 200 120 200 180 150 10