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Exchange of letters between the European Economic Community and the People's Republic of Bulgaria on trade in the sheepmeat and goatmeat sector [1982] EUTSer 11; OJ L 43, 15.2.1982, p. 13

21982A1001(01)

Exchange of letters between the European Economic Community and the People's Republic of Bulgaria on trade in the sheepmeat and goatmeat sector

Official Journal L 043 , 15/02/1982 P. 0013 - 0017


EXCHANGE OF LETTERS between the European Economic Community and the People's Republic of Bulgaria on trade in the sheepmeat and goatmeat sector

Letter No 1

Sir,

I have the honour to refer to the negotiations conducted between our respective delegations for the purpose of drawing up provisions concerning import into the European Economic Community of mutton, lamb and goatmeat and live sheep and goats, other than pure-bred breeding animals from Bulgaria, in connection with implementation by the Community of the common organization of the market in the sheepmeat and goatmeat sector.

During these negotiations, our delegations agreed as follows: 1. This arrangement shall relate to: - live sheep and goats other than pure-bred breeding animals (subheading 01.04 B of the Common Customs Tariff),

- fresh or chilled mutton, lamb and goatmeat (subheading 02.01 A IV a) of the Common Customs Tariff),

- frozen mutton, lamb and goatmeat (subheading 02.01 A IV b) of the Common Customs Tariff;

2. Within the terms of this arrangement, the competent Bulgarian authorities undertake to ensure that exports to the Community of the products referred to in point 1 shall not exceed the following annual quantities: - 2 000 tonnes of live animals, expressed as carcase weight bone-in (1) (2),

- 1 250 tonnes of fresh or chilled meat, expressed as carcase weight bone-in (2).

For this purpose, the appropriate procedures shall be implemented by the competent Bulgarian authorities;

3. Provided that Bulgarian exports do not exceed the quantities given in point 2 the Community will not apply any quantitative restriction or measure having equivalent effect.

Should the Community have recourse to the safeguard clause, the provisions of this arrangement would not be affected;

4. If imports from Bulgaria exceed the agreed quantities, the Community reserves the right to suspend further imports from that country until the end of the current year. (1) 100 kilograms live weight shall correspond to 47 kilograms carcase weight (bone-in equivalent weight). (2) Carcase weight (bone-in equivalent weight). By this term is understood the weight of bone-in meat presented as such as well as boned meat converted by a coefficient into bone-in weight. For this purpose 55 kilograms of boned mutton corresponds to 100 kilograms of bone-in mutton and 60 kilograms of boned lamb corresponds to 100 kilograms of bone-in lamb.

However, in any case, quantities exceeding the agreed quantity for the current year shall be deducted from the quantities agreed for the following year;

5. The Community undertakes ; in respect of imports of products covered by this arrangement, to restrict the charges levied to the following ad valorem levels: - 10 % for live animals,

- 10 % for meat.

The Community will not charge, apart from the levies set out above, customs duties or charges having equivalent effect to levies or to customs duties;

6. When a new Member State accedes to the Community and if the pattern of trade between Bulgaria and such. Member State were to justify it, the Community shall agree to consultations between the two Parties with a view to possible adaptation of the quantities given at point 2.

The quantities given at point 2 shall not be reduced.

The charges applicable to imports into the said new Member States shall be fixed in accordance with the rules in the Treaty of Accession, the maximum level of the levy specified in point 5 of this arrangement being taken into account;

7. The competent Bulgarian authorities shall ensure compliance with the terms of this arrangement, in particular by means of the issue by a Bulgarian agency designated for the purpose, of export licences covering the products listed in point 1, within the agreed quantity limits.

For its part the Community undertakes to adopt all the necessary measures to ensure that the automatic issue of an import licence for the abovementioned products originating in Bulgaria shall be subject to production of an export licence issued by the competent Bulgarian authority.

Detailed rules for the implementation of this system shall be drawn up in such a way that there is no need for a security to be lodged for issue of import licences in respect of the products in question. These detailed rules shall also provide that the competent Bulgarian authorities and the competent Community authorities shall undertake periodical exchanges of information on the quantities in respect of which export and import licences have been issued, broken down, as appropriate, according to destination.

It is hereby agreed that export licences will be valid for a period of three months from their date of issue. The corresponding import licences shall be valid until the date of expiry of the export licences.

Quantities delivered under an export licence shall be deducted from the quantity agreed for the year during which the export licence was issued;

8. The two Parties agree that steps should be taken to ensure that the smooth operation of the arrangement is not disturbed by deliveries of sheepmeat and goatmeat products falling under customs headings not covered by this arrangement;

9. In order to ensure the smooth operation of this arrangement, the two Parties agree to remain in close contact and to be ready to undertake consultations on any question which might arise in the course of application of this arrangement. The said consultations must be commenced within a maximum period of 14 days following a request by one of the Parties;

10. The annual quantity fixed at point 2 shall cover the period from 1 January to 31 December.

The quantity applicable from the date of implementation of this arrangement up to 31 December of the current year shall be fixed in proportion to the overall annual quantity and shall take account of the seasonal nature of the trade;

11. This arrangement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the People's Republic of Bulgaria;

12. This arrangement shall enter into force on 1 January 1982. It shall apply until 31 March 1984, and subsequently for periods of two years, subject to the right of either of the Parties to terminate it by giving notice in writing six months before the date of expiry of any one of the said periods. In the case of termination, the arrangement shall come to an end at the date of expiry of the period in question. In any event, the provisions of this arrangement shall be reviewed by the two Parties during the six months preceding 1 April 1984, in order to incorporate in it any adaptations which might be necessary.

I should be grateful to you if you would confirm to me that the above sets out correctly the substance of the Agreement between our two delegations.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Council of the European Communities

Letter No 2

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

"I have the honour to refer to the negotiations conducted between our respective delegations for the purpose of drawing up provisions concerning import into the European Economic Community of mutton, lamb and goatmeat and live sheep and goats other than pure-bred breeding animals from Bulgaria, in connection with implementation by the Community of the common organization of the market in the sheepmeat and goatmeat sector.

During these negotiations, our delegations agreed as follows: 1. This arrangement shall relate to: - live sheep and goats other than pure-bred breeding animals (subheading 01.04 B of the Common Customs Tariff),

- fresh or chilled mutton, lamb and goatmeat (subheading 02.01 A IV a) of the Common Customs Tariff),

- frozen mutton, lamb and goatmeat (subheading 02.01 A IV b) of the Common Customs Tariff;

2. Within the terms of this arrangement, the competent Bulgarian authorities undertake to ensure that exports to the Community of the products referred to in point 1 shall not exceed the following annual quantities: - 2 000 tonnes of live animals, expressed as carcase weight bone-in (1) (2),

- 1 250 tonnes of fresh or chilled meat, expressed as carcase weight bone-in (2).

For this purpose, the appropriate procedures shall be implemented by the competent Bulgarian authorities;

3. Provided that Bulgarian exports do not exceed the quantities given in point 2 the Community will not apply any quantitative restriction or measure having equivalent effect.

Should the Community have recourse to the safeguard clause, the provisions of this arrangement would not be affected;

4. If imports from Bulgaria exceed the agreed quantities, the Community reserves the right to suspend further imports from that country until the end of the current year. However, in any case, quantities exceeding the agreed quantity for the current year shall be deducted from the quantities agreed for the following year;

5. The Community undertakes, in respect of imports of products covered by this arrangement, to restrict the charges levied to the following ad valorem levels: - 10 % for live animals,

- 10 % for meat.

The Community will not charge, apart from the levies set out above, customs duties or charges having equivalent effect to levies or to customs duties;

6. When a new Member State accedes to the Community and if the pattern of trade between Bulgaria and such Member State were to justify it, the Community shall agree to consultations between the two Parties with a view to possible adaptation of the quantities given at point 2.

The quantities given at point 2 shall not be reduced.

The charges applicable to imports into the said new Member States shall be fixed in accordance with the rules in the Treaty of Accession, the maximum level of the levy specified in point 5 of this arrangement being taken into account;

7. The competent Bulgarian authorities shall ensure compliance with the terms of this arrangement, in particular by means of the issue by a Bulgarian agency designated for the purpose, of export licences covering the products listed in point 1, within the agreed quantity limits.

For its part the Community undertakes to adopt all the necessary measures to ensure that the automatic issue of an import licence for the abovementioned products originating in Bulgaria shall be subject to production of an export licence issued by the competent Bulgarian authority.

Detailed rules for the implementation of this system shall be drawn up in such a way that there is no need for a security to be lodged for issue of import licences in (1) 100 kilograms live weight shall correspond to 47 kilograms carcase weight (bone-in equivalent weight). (2) Carcase weight (bone-in equivalent weight). By this term is understood the weight of bone-in meat presented as such as well as boned meat converted by a coefficient into bone-in weight. For this purpose 55 kilograms of boned mutton corresponds to 100 kilograms of bone-in mutton and 60 kilograms of boned lamb corresponds to 100 kilograms of bone-in lamb. respect of the products in question. These detailed rules shall also provide that the competent Bulgarian authorities and the competent Community authorities shall undertake periodical exchanges of information on the quantities in respect of which export and import licences have been issued, broken down, as appropriate, according to destination.

It is hereby agreed that export licences will be valid for a period of three months from their date of issue. The corresponding import licences shall be valid until the date of expiry of the export licences.

Quantities delivered under an export licence shall be deducted from the quantity agreed for the year during which the export licence was issued;

8. The two Parties agree that steps should be taken to ensure that the smooth operation of the arrangement is not disturbed by deliveries of sheepmeat and goatmeat products falling under customs headings not covered by this arrangement;

9. In order to ensure the smooth operation of this arrangement, the two Parties agree to remain in close contact and to be ready to undertake consultations on any question which might arise in the course of application of this arrangement. The said consultations must be commenced within a maximum period of 14 days following a request by one of the Parties;

10. The annual quantity fixed at point 2 shall cover the period from 1 January to 31 December.

The quantity applicable from the date of implementation of this arrangement up to 31 December of the current year shall be fixed in proportion to the overall annual quantity and shall take account of the seasonal nature of the trade;

11. This arrangement shall apply, on the one hand, to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of the People's Republic of Bulgaria;

12. This arrangement shall enter into force on 1 January 1982. It shall apply until 31 March 1984, and subsequently for periods of two years, subject to the right of either of the Parties to terminate it by giving notice in writing six months before the date of expiry of any one of the said periods. In the case of termination, the arrangement shall come to an end at the date of expiry of the period in question. In any event, the provisions of this arrangement shall be reviewed by the two Parties during the six months preceding 1 April 1984, in order to incorporate in it any adaptations which might be necessary.

I should be grateful to you if you would confirm to me that the above sets out correctly the substance of the Agreement between our two delegations.

I have the honour to confirm that the above sets out correctly the substance of the Agreement between our two delegations.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the People's Republic of Bulgaria

EXCHANGE OF LETTERS concerning the subjects of consultations for which provision is made in point 9 of the exchange of letters between the European Economic Community and the People's Republic of Bulgaria on trade in the sheepmeat and goatmeat sector

Letter No 1

Sir,

With reference to certain specific questions raised during the negotiations for this arrangement, I have the honour to point out that it was agreed during the negotiations that, within the context of the application of this arrangement, if Bulgaria were to raise any concrete problems, they could be covered by the consultations provided for in point 9 without prejudice to the general contents of that point. These problems include: 1. supply of live animals within the quantity agreed for meat;

2. supply of meat within the quantity agreed for live animals;

3. the possibility of advance use during a given year, of a limited proportion of the quantity agreed for the following year;

4. the possibility of allowing imports of quantities over and above those fixed in point 2 of the arrangement where the Community market situation so permits.

For its part, the Community would be prepared to undertake the said consultations in a spirit of cooperation in respect of any requests put forward by Bulgaria.

I should be grateful if you would kindly acknowledge receipt of this letter.

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Council of the European Communities

Letter No 2

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

"With reference to certain specific questions raised during the negotiations for this arrangement, I have the honour to point out that it was agreed during the negotiations that, within the context of the application of this arrangement, if Bulgaria were to raise any concrete problems, they could be covered by the consultations provided for in point 9 without prejudice to the general contents of that point. These problems include: 1. supply of live animals within the quantity agreed for meat;

2. supply of meat within the quantity agreed for live animals;

3. the possibility of advance use, during a given year, of a limited proportion of the quantity agreed for the following year;

4. the possibility of allowing imports of quantities over and above those fixed in point 2 of the arrangement where the Community market situation so permits.

For its part, the Community would be prepared to undertake the said consultations in a spirit of cooperation in respect of any requests put forward by Bulgaria.

I should be grateful if you would kindly acknowledge receipt of this letter."

Please accept, Sir, the assurance of my highest consideration.

For the Government of the People's Republic of Bulgaria

EXCHANGE OF LETTERS concerning point 2 of the exchange of letters between the European Economic Community and the People's Republic of Bulgaria on trade in the sheepmeat and goatmeat sector

Letter No 1

Sir,

I have the honour to refer to the exchange of letters between the European Economic Community and the People's Republic of Bulgaria on trade in the sheepmeat and goatmeat sector.

Further to that exchange of letters and to your request, I would advise you that the competent authorities of the People's Republic of Bulgaria will ensure that for the period from 1 January 1982 to 31 March 1984 there will be no change in the traditional pattern of exports of mutton, lamb and goatmeat and live sheep and goats from Bulgaria to the two market areas in the Community determined as sensitive.

The competent authorities of the People's Republic of Bulgaria will adopt the necessary measures for this purpose.

I should be obliged if you would kindly acknowledge receipt of this letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the People's Republic of Bulgaria

Letter No 2

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

"I have the honour to refer to the exchange of letters between the European Economic Community and the People's Republic of Bulgaria on trade in the sheepmeat and goatmeat sector.

Further to that exchange of letters and to your request, I would advise you that the competent authorities of the People's Republic of Bulgaria will ensure that for the period from 1 January 1982 to 31 March 1984 there will be no change in the traditional pattern of exports of mutton, lamb and goatmeat and live sheep and goats from Bulgaria to the two market areas in the Community determined as sensitive.

The competent authorities of the People's Republic of Bulgaria will adopt the necessary measures for this purpose.

I should be obliged if you would kindly acknowledge receipt of this letter."

Please accept, Sir, the assurance of my highest consideration.

On behalf of the Council of the European Communities




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