# Official Journal L 356/1 De

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 356 |
| | |
| English edition | Legislation | Volume 471 December 2004 |

ISSN 1725-2555

Official Journal

of the European Union

L 356

English edition

Legislation

Volume 471 December 2004

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| Contents | | II   Acts whose publication is not obligatory | page |
| --- | --- | --- | --- |
| | | Council |
| | * | 2004/804/EC:Council Decision of 30 March 2004 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and Barbados, Belize, the Republic of Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe concerning the accession of the Republic of Mozambique to Protocol No 3 on ACP Sugar of Annex V to the ACP-EC Partnership Agreement | 1 |
| Agreement in the form of an exchange of letters between the European Community and Barbados, Belize, the Republic of Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe on the accession of the Republic of Mozambique to Protocol No 3 on ACP sugar of Annex V to the ACP-EC Partnership Agreement | 2 |
| | * | 2004/805/EC:Decision No 2/2004 of the EC-Mexico Joint Council of 28 April 2004 introducing a preferential tariff rate quota for certain products originating in Mexico and listed in Annex I to Decision No 2/2000 of the EC-Mexico Joint Council | 8 |

Contents

II   Acts whose publication is not obligatory

page

Council

*

2004/804/EC:Council Decision of 30 March 2004 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and Barbados, Belize, the Republic of Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe concerning the accession of the Republic of Mozambique to Protocol No 3 on ACP Sugar of Annex V to the ACP-EC Partnership Agreement

1

Agreement in the form of an exchange of letters between the European Community and Barbados, Belize, the Republic of Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe on the accession of the Republic of Mozambique to Protocol No 3 on ACP sugar of Annex V to the ACP-EC Partnership Agreement

2

*

2004/805/EC:Decision No 2/2004 of the EC-Mexico Joint Council of 28 April 2004 introducing a preferential tariff rate quota for certain products originating in Mexico and listed in Annex I to Decision No 2/2000 of the EC-Mexico Joint Council

8

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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II Acts whose publication is not obligatory

Council

| 1.12.2004 | EN | Official Journal of the European Union | L 356/1 |
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1.12.2004

EN

Official Journal of the European Union

L 356/1

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COUNCIL DECISION

of 30 March 2004

on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and Barbados, Belize, the Republic of Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe concerning the accession of the Republic of Mozambique to Protocol No 3 on ACP Sugar of Annex V to the ACP-EC Partnership Agreement

(2004/804/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

| (1) | The Joint Declaration in Protocol No 3 on ACP Sugar of Annex V to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 (‘ACP-EC Partnership Agreement’) (1) provides that any request from an African, Caribbean or Pacific (ACP) State Contracting Party to the Agreement not specifically referred to in that Protocol to participate in its provisions shall be examined; |
| --- | --- |

(1)

The Joint Declaration in Protocol No 3 on ACP Sugar of Annex V to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 (‘ACP-EC Partnership Agreement’) (1) provides that any request from an African, Caribbean or Pacific (ACP) State Contracting Party to the Agreement not specifically referred to in that Protocol to participate in its provisions shall be examined;

| (2) | The Republic of Mozambique is an ACP State Contracting Party to the ACP-EC Partnership Agreement and has requested to participate in the provisions of the said Protocol; |
| --- | --- |

(2)

The Republic of Mozambique is an ACP State Contracting Party to the ACP-EC Partnership Agreement and has requested to participate in the provisions of the said Protocol;

| (3) | In a letter of 20 October 2003, the ACP States have signified their assent to the accession of the Republic of Mozambique to the said Protocol; |
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(3)

In a letter of 20 October 2003, the ACP States have signified their assent to the accession of the Republic of Mozambique to the said Protocol;

| (4) | Following an examination of the request of the Republic of Mozambique showing that the country is a net exporter of sugar and capable to export sugar on a permanent basis, it is appropriate to propose the accession of the Republic of Mozambique to the said Protocol, |
| --- | --- |

(4)

Following an examination of the request of the Republic of Mozambique showing that the country is a net exporter of sugar and capable to export sugar on a permanent basis, it is appropriate to propose the accession of the Republic of Mozambique to the said Protocol,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters between the European Community and Barbados, Belize, the Republic of Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d’Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe on the accession of the Republic of Mozambique to Protocol No 3 on ACP Sugar of Annex V to the ACP-EC Partnership Agreement is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 30 March 2004.

For the Council

The President

M. McDOWELL

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(1)  
  OJ L 317, 15.12.2000, p. 269.

1

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AGREEMENT

in the form of an exchange of letters between the European Community and Barbados, Belize, the Republic of Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe on the accession of the Republic of Mozambique to Protocol No 3 on ACP sugar of Annex V to the ACP-EC Partnership Agreement

A.   Letter No 1

Brussels, 16 September 2004

Sir,

The African, Caribbean and Pacific (ACP) States referred to in Protocol No 3 on ACP Sugar of Annex V to the ACP-EC Partnership Agreement, the Republic of Mozambique and the European Community have agreed on the following.

| | The Republic of Mozambique is hereby included in Article 3(1) of the said Protocol with effect from 1 July 2003 with an agreed quantity of 0 tonnes. |
| --- | --- |

The Republic of Mozambique is hereby included in Article 3(1) of the said Protocol with effect from 1 July 2003 with an agreed quantity of 0 tonnes.

I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between the Governments of the abovementioned ACP States and the European Community.

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

Por la Comunidad Europea

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Voor de Europese Gemeenschap

Pela Comunidade Europeia

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Image 1

B.   Letter No 2

Brussels, 16 September 2004

Sir,

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

‘The African, Caribbean and Pacific (ACP) states referred to in Protocol No 3 on ACP Sugar of Annex V to the ACP-EC Partnership Agreement, the Republic of Mozambique and the European Community have agreed on the following.

| | The Republic of Mozambique is hereby included in Article 3(1) of the said Protocol with effect from 1 July 2003 with an agreed quantity of 0 tonnes. |
| --- | --- |

The Republic of Mozambique is hereby included in Article 3(1) of the said Protocol with effect from 1 July 2003 with an agreed quantity of 0 tonnes.

I should be obliged if you would acknowledge receipt of this letter and confirm that this letter and your reply constitute an Agreement between the Governments of the abovementioned ACP States and the European Community.’

I have the honour to confirm the agreement of the Governments of the ACP States referred to in your letter with the contents thereof.

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

For the Governments of the ACP States referred to in Protocol No 3 and of

the Republic of Mozambique

For the Government of Barbados

Image 2

For the Government of Belize

Image 3

Pour le gouvernement de la République du Congo

Image 4

Pour le gouvernement de la République de Côte d’Ivoire

Image 5

For the Government of the Sovereign Democratic Republic of Fiji

Image 6

For the Government of the Cooperative Republic of Guyana

Image 7

For the Government of Jamaica

Image 8

For the Government of the Republic of Kenya

Image 9

Pour le gouvernement de la République de Madagascar

Image 10

For the Government of the Republic of Malawi

Image 11

For the Government of the Republic of Mauritius

Image 12

For the Government of Saint Kitts and Nevis

Image 13

For the Government of the Republic of Suriname

Image 14

For the Government of the Kingdom of Swaziland

Image 15

For the Government of the United Republic of Tanzania

Image 16

For the Government of the Republic of Trinidad and Tobago

Image 17

For the Government of the Republic of Uganda

Image 18

For the Government of the Republic of Zambia

Image 19

For the Government of the Republic of Zimbabwe

Image 20

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| 1.12.2004 | EN | Official Journal of the European Union | L 356/8 |
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1.12.2004

EN

Official Journal of the European Union

L 356/8

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DECISION No 2/2004 OF THE EC-MEXICO JOINT COUNCIL

of 28 April 2004

introducing a preferential tariff rate quota for certain products originating in Mexico and listed in Annex I to Decision No 2/2000 of the EC-Mexico Joint Council

(2004/805/EC)

THE JOINT COUNCIL,

Having regard to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, signed in Brussels on 8 December 1997,

Having regard to Decision No 2/2000 of the EC-Mexico Joint Council of 23 March 2000 (1) (Decision No 2/2000) and in particular Article 3(5) thereof,

Whereas:

| (1) | Article 10(5) of Decision No 2/2000 states that parties shall enter into negotiations to examine the possibility of opening a preferential tariff rate quota for tuna loins. |
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(1)

Article 10(5) of Decision No 2/2000 states that parties shall enter into negotiations to examine the possibility of opening a preferential tariff rate quota for tuna loins.

| (2) | Parties have concluded a mutually satisfactory negotiation. |
| --- | --- |

(2)

Parties have concluded a mutually satisfactory negotiation.

| (3) | Article 3(5) gives to the Joint Council the capacity to accelerate the elimination of customs duties more rapidly than is provided for in Articles 4 to 10 or otherwise improve the conditions of access according to such Articles. |
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(3)

Article 3(5) gives to the Joint Council the capacity to accelerate the elimination of customs duties more rapidly than is provided for in Articles 4 to 10 or otherwise improve the conditions of access according to such Articles.

| (4) | A decision by the Joint Council to accelerate the elimination of a custom duty or otherwise improve conditions of access shall supersede the terms established in Articles 4 to 10 for the product concerned, |
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(4)

A decision by the Joint Council to accelerate the elimination of a custom duty or otherwise improve conditions of access shall supersede the terms established in Articles 4 to 10 for the product concerned,

HAS DECIDED AS FOLLOWS:

Article 1

The European Community shall introduce a preferential tariff rate quota for tuna loins originating in Mexico, according to Annex III to Decision No 2/2000, as set out in the Annex to this Decision.

Article 2

From the third year onwards, the yearly quota increase will be conditional upon the exhaustion of the previous year’s quota. For the purposes of this Article the quota shall be considered exhausted if, at 31 December of each year, at least 80 % of the total amount available in the year under consideration has been used.

Article 3

The quota will be opened from the day of the entry into force of this Decision. From the second year onwards the quota will be opened on 1 January of each year.

Article 4

This Decision shall enter into force on the 30th day after that of its adoption.

Done at Brussels, 28 April 2004.

For the Joint Council

The President

L. E. DERBEZ

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(1)  
  OJ L 157, 30.6.2000, p. 10. Decision as amended by Decision No 2/2002 (OJ L 133, 18.5.2002, p. 23).

1

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ANNEX

European Community quota on tuna loins originating in Mexico classified under CN code 1604 14 16

Yearly increase from year 3 onwards is subject to conditions laid down in Article 2 of this Decision. The quota is managed on a ‘first come, first served’ basis.

| Year 1 | Year 2 | Year 3 | Year 4 | Year 5 | Year 6 | Year 7 | Year 8 | Year 9 | Year 10 | Following years |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| 5 000 tonnes | 6 000 tonnes | 7 000 tonnes | 8 000 tonnes | 9 000 tonnes | 10 000 tonnes | 11 000 tonnes | 12 000 tonnes | 13 000 tonnes | 14 000 tonnes | 15 000 tonnes |
| Duty rate
  6 % | Duty rate
  6 % | Duty rate
  6 % | Duty rate
  6 % | Duty rate
  6 % | Duty rate
  6 % | Duty rate
  6 % | Duty rate
  6 % | Duty rate
  6 % | Duty rate
  6 % | Duty rate
  6 % |

Year 1

Year 2

Year 3

Year 4

Year 5

Year 6

Year 7

Year 8

Year 9

Year 10

Following years

5 000 tonnes

6 000 tonnes

7 000 tonnes

8 000 tonnes

9 000 tonnes

10 000 tonnes

11 000 tonnes

12 000 tonnes

13 000 tonnes

14 000 tonnes

15 000 tonnes

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %

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