COUNCIL DECISION

of 7 October 2013

establishing the position to be taken by the European Union within the General Council of the World Trade Organization on the request for extending the WTO waiver on additional autonomous trade preferences granted by the Union to the Republic of Moldova

(2013/500/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Article IX of the Marrakesh Agreement establishing the World Trade Organization (‘WTO Agreement’) sets out the procedures for the granting of waivers concerning the Multilateral Trade Agreements in Annex 1A, 1B or 1C to the WTO Agreement and their annexes.

(2) Council Regulation (EC) No 55/2008(1) was amended by Regulation (EU) No 581/2011 of the European Parliament and of the Council(2), to extend the autonomous trade preferences granted to the Republic of Moldova (‘Moldova’) until 31 December 2015 and adjust the tariff rate quotas for certain agricultural products. Regulation (EC) No 55/2008 provides free access to the Union market of all products originating in Moldova, except certain agricultural products listed in Annex I to that Regulation. The products listed in that Annex benefit from limited concessions in the form of exemption from customs duties within the limit of tariff quotas or reduction of customs duties. Further extensions of the scope of the preferences set out in Regulation (EC) No 55/2008 may be adopted to liberalise import of wine from Moldova.

(3) In the absence of a waiver from the Union’s obligations under paragraph 1 of Article I and Article XIII of the General Agreement on Tariffs and Trade 1994, to the extent necessary, the treatment provided by these autonomous trade preferences would need to be extended to all other Members of the WTO.

(4) It is in the interest of the Union to request an extension of the WTO waiver on autonomous trade preferences granted by the Union to Moldova pursuant to paragraph 3 of Article IX of the WTO Agreement to permit the Union to afford duty-free or preferential treatment to products originating in Moldova, including certain agricultural products for which limited concessions are given as defined in the Annex to this Decision, without being required to extend the same duty-free or preferential treatment to like products of any other WTO Member until 31 December 2015.

(5) The Union is to submit such a request to the WTO.

(6) It is appropriate, therefore, to establish the position to be taken by the Union within the WTO General Council concerning the request,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on behalf of the Union within the General Council of the World Trade Organization is to request an extension, until 31 December 2015, of the WTO waiver on autonomous trade preferences granted by the Union to Moldova to products originating in Moldova, including certain agricultural products for which limited concessions, as set out in the Annex, are given.

This position shall be expressed by the Commission.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Luxembourg, 7 October 2013.

For the Council

The President

J. BERNATONIS

(1) Council Regulation (EC) No 55/2008 of 21 January 2008 introducing autonomous trade preferences for the Republic of Moldova and amending Regulation (EC) No 980/2005 and Commission Decision 2005/924/EC (

OJ L 20, 24.1.2008, p. 1

(2) Regulation (EU) No 581/2011 of the European Parliament and of the Council of 8 June 2011 on amending Council Regulation (EC) No 55/2008 introducing autonomous trade preferences for the Republic of Moldova (

OJ L 165, 24.6.2011, p. 5

ANNEX

PRODUCTS SUBMITTED TO QUANTITATIVE LIMITS OR PRICE THRESHOLDS

1. Products subject to annual duty free tariff quotas

Order No

CN Code

Description

2013(1)

2014(1)

2015(1)

09.0504

0201 to 0204

Fresh, chilled and frozen meat of bovine animals, swine and sheep and goats

4 000(2)

09.0505

ex 0207

Meat and edible offal of the poultry of heading 0105, fresh, chilled or frozen, other than fatty livers of subheading 0207 34

500(2)

09.0506

ex 0210

Meat and edible meat offal of swine and bovine animals, salted, in brine, dried or smoked; edible flours and meals of meat or meat offals of domestic swine and bovine animals

500(2)

09.4210

0401 to 0406

Dairy products

1 500(2)

09.0507

0407 00

Birds’ eggs, in shell

120(3)

09.0508

ex 0408

Bird’s eggs, not in shell and egg yolks, other than unfit for human consumption

300(2)

09.0509

1001 90 91

1001 90 99

Other Spelt (other than spelt for sowing), common wheat and meslin

55 000(2)

60 000(2)

65 000(2)

09.0510

1003 00 90

Barley

50 000(2)

55 000(2)

60 000(2)

09.0511

1005 90

Maize

45 000(2)

50 000(2)

55 000(2)

09.0512

1601 00 91

and

1601 00 99

Sausages and similar products, of meat, meat offal or blood; food preparations based on these products

600(2)

ex 1602

Other prepared or preserved meat, meat offal or blood:

—	of fowls of the species Gallus domesticus, uncooked,

—	of domestic swine,

—	of bovine animals, uncooked

09.0513

1701 99 10

White Sugar

34 000(2)

2. Products for which the

ad valorem

component of the import duty is exempted

CN Code	Description
0702	Tomatoes, fresh or chilled
0703 20	Garlic, fresh or chilled
0707	Cucumbers and gherkins, fresh or chilled
0709 90 70	Courgettes, fresh or chilled
0709 90 80	Globe artichokes
0806	Grapes, fresh or dried
0808 10	Apples, fresh
0808 20	Pears and quinces
0809 10	Apricots
0809 20	Cherries
0809 30	Peaches, including nectarines
0809 40	Plums and sloes

(1) From 1 January until 31 December.

(2) Tonnes (net weight).

(3) Million units.