# Official Journal L 64/2014

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2014.064.eng |
| --- | --- |
| Official Journal
  of the European Union | L 64 |
| | |
| English edition | Legislation | Volume 574 March 2014 |

ISSN 1977-0677

doi:10.3000/19770677.L_2014.064.eng

Official Journal

of the European Union

L 64

English edition

Legislation

Volume 574 March 2014

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | | 2014/116/EU |
| | * | Council Decision of 28 January 2014 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the People’s Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union | 1 |
| | | Agreement in the form of an Exchange of Letters between the European Union and the People’s Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union | 2 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

2014/116/EU

*

Council Decision of 28 January 2014 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the People’s Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union

1

Agreement in the form of an Exchange of Letters between the European Union and the People’s Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union

2

| 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 Non-legislative acts

INTERNATIONAL AGREEMENTS

| 4.3.2014 | EN | Official Journal of the European Union | L 64/1 |
| --- | --- | --- | --- |

4.3.2014

EN

Official Journal of the European Union

L 64/1

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COUNCIL DECISION

of 28 January 2014

on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and the People’s Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union

(2014/116/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 point (v) of Article 218(6)(a) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

| (1) | On 29 January 2007, the Council authorised the Commission to open negotiations with certain other Members of the World Trade Organization under Article XXIV:6 of the General Agreement on Tariffs and Trade (GATT) 1994, in the course of the accession to the European Union of the Republic of Bulgaria and Romania. |
| --- | --- |

(1)

On 29 January 2007, the Council authorised the Commission to open negotiations with certain other Members of the World Trade Organization under Article XXIV:6 of the General Agreement on Tariffs and Trade (GATT) 1994, in the course of the accession to the European Union of the Republic of Bulgaria and Romania.

| (2) | Negotiations have been conducted by the Commission within the framework of the negotiating directives adopted by the Council. |
| --- | --- |

(2)

Negotiations have been conducted by the Commission within the framework of the negotiating directives adopted by the Council.

| (3) | Those negotiations have been concluded and an Agreement in the form of an Exchange of Letters between the European Union and the People’s Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (the ‘Agreement’) was initialled on 31 May 2012. |
| --- | --- |

(3)

Those negotiations have been concluded and an Agreement in the form of an Exchange of Letters between the European Union and the People’s Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union (the ‘Agreement’) was initialled on 31 May 2012.

| (4) | The Agreement was signed on behalf of the European Union on 9 September 2013, subject to its conclusion at a later date, in accordance with Council Decision 2012/763/EU (1). |
| --- | --- |

(4)

The Agreement was signed on behalf of the European Union on 9 September 2013, subject to its conclusion at a later date, in accordance with Council Decision 2012/763/EU (1).

| (5) | The Agreement should be approved, |
| --- | --- |

(5)

The Agreement should be approved,

HAS ADOPTED THIS DECISION:

Article 1

The Agreement in the form of an Exchange of Letters between the European Union and the People’s Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union is hereby approved on behalf of the Union.

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 give, on behalf of the Union, the notification provided for in the Agreement (2).

Article 3

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

Done at Brussels, 28 January 2014.

For the Council

The President

G. STOURNARAS

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(1)  
  OJ L 337, 11.12.2012, p. 1.

1

(2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

2

Official Journal of the European Union

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| 4.3.2014 | EN | Official Journal of the European Union | L 64/2 |
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4.3.2014

EN

Official Journal of the European Union

L 64/2

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AGREEMENT

in the form of an Exchange of Letters between the European Union and the People’s Republic of China pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union

A.   Letter from the Union

Letter from the Union

Brussels, 9 September 2013

Sir,

Following negotiations under Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade 1994 (GATT) relating to the modification of the Schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union, I have the honour to propose the following:

| 1. | The European Union shall incorporate in its schedule, for the customs territory of the EU 27, the concessions contained in the schedule of the EU 25 with the following modifications: | On tariff line 0703 20 00 add 12 375 tonnes to the allocation for People’s Republic of China under the EU tariff rate quota for garlic, maintaining the present in quota rate of 9,6 %. |
| --- | --- | --- |

1.

The European Union shall incorporate in its schedule, for the customs territory of the EU 27, the concessions contained in the schedule of the EU 25 with the following modifications:

On tariff line 0703 20 00 add 12 375 tonnes to the allocation for People’s Republic of China under the EU tariff rate quota for garlic, maintaining the present in quota rate of 9,6 %.

| | Add 800 tonnes (drained net weight) to the allocation for People's Republic of China under the EU tariff rate quota for mushroom of species agaricus, prepared or preserved otherwise than by vinegar (tariff item number 2003 10 30, out of quota rate 18,4 + 222,0 EUR/100 kg/net eda) and mushroom of species agaricus, provisionally preserved or preserved otherwise than by vinegar (tariff item number 2003 10 20, out of quota rate 18,4 + 191,0 EUR/100 kg/net eda), in quota rate 23 %; inclusion of tariff line 0711 51 00 (out of quota rate 9,6 + 191,0 EUR/100 kg/net eda) in the quota. |
| --- | --- |

Add 800 tonnes (drained net weight) to the allocation for People's Republic of China under the EU tariff rate quota for mushroom of species agaricus, prepared or preserved otherwise than by vinegar (tariff item number 2003 10 30, out of quota rate 18,4 + 222,0 EUR/100 kg/net eda) and mushroom of species agaricus, provisionally preserved or preserved otherwise than by vinegar (tariff item number 2003 10 20, out of quota rate 18,4 + 191,0 EUR/100 kg/net eda), in quota rate 23 %; inclusion of tariff line 0711 51 00 (out of quota rate 9,6 + 191,0 EUR/100 kg/net eda) in the quota.

agaricus

agaricus

| | Create a tariff rate quota of 2 026 tonnes (erga omnes) for chocolate with an in-quota rate of 38 % (tariff items numbers 1806 20, 1806 31, 1806 32 and 1806 90). |
| --- | --- |

Create a tariff rate quota of 2 026 tonnes (erga omnes) for chocolate with an in-quota rate of 38 % (tariff items numbers 1806 20, 1806 31, 1806 32 and 1806 90).

erga omnes

| | Create a tariff rate quota of 2 289 tonnes (erga omnes) for confectionary with an in-quota rate of 35 % (tariff item number 1704). |
| --- | --- |

Create a tariff rate quota of 2 289 tonnes (erga omnes) for confectionary with an in-quota rate of 35 % (tariff item number 1704).

erga omnes

| | Create a tariff rate quota of 409 tonnes (erga omnes) for biscuits with an in-quota rate of 40 % (tariff item number 1905 90). |
| --- | --- |

Create a tariff rate quota of 409 tonnes (erga omnes) for biscuits with an in-quota rate of 40 % (tariff item number 1905 90).

erga omnes

| 2. | The People’s Republic of China accepts the European Union’s approach to netting-out of tariff rate quotas as a way of adjusting the GATT obligations of the EU 25 and those of the Republic of Bulgaria and Romania following the recent enlargement of the European Union. |
| --- | --- |

2.

The People’s Republic of China accepts the European Union’s approach to netting-out of tariff rate quotas as a way of adjusting the GATT obligations of the EU 25 and those of the Republic of Bulgaria and Romania following the recent enlargement of the European Union.

The European Union and the People’s Republic of China shall notify each other the completion of their internal procedures for the entry into force of the agreement. The agreement shall enter into force 14 days after the date of receipt of the latest notification.

I should be obliged if you would confirm that your Government is in agreement with the content of this letter. Should this be the case, this letter and your confirmation shall together constitute an Agreement in the form of an Exchange of Letters between the European Union and the People’s Republic of China.

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

For the European Union

Image 1

B.   Letter from the People’s Republic of China

Letter from the People’s Republic of China

Brussels, 9 September 2013

Sir,

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

‘Following negotiations under Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade 1994 (GATT) relating to the modification of the Schedules of the Republic of Bulgaria and Romania in the course of their accession to the European Union, I have the honour to propose the following:

| 1. | The European Union shall incorporate in its schedule, for the customs territory of the EU 27, the concessions contained in the schedule of the EU 25 with the following modifications: | On tariff line 0703 20 00 add 12 375 tonnes to the allocation for People's Republic of China under the EU tariff rate quota for garlic, maintaining the present in quota rate of 9,6 %. |
| --- | --- | --- |

1.

The European Union shall incorporate in its schedule, for the customs territory of the EU 27, the concessions contained in the schedule of the EU 25 with the following modifications:

On tariff line 0703 20 00 add 12 375 tonnes to the allocation for People's Republic of China under the EU tariff rate quota for garlic, maintaining the present in quota rate of 9,6 %.

| | Add 800 tonnes (drained net weight) to the allocation for People’s Republic of China under the EU tariff rate quota for mushroom of species agaricus, prepared or preserved otherwise than by vinegar (tariff item number 2003 10 30, out of quota rate 18,4 + 222,0 EUR/100kg/net eda) and mushroom of species agaricus, provisionally preserved or preserved otherwise than by vinegar (tariff item number 2003 10 20, out of quota rate 18,4 + 191,0 EUR/100kg/net eda), in quota rate 23 %; inclusion of tariff line 0711 51 00 (out of quota rate 9,6 + 191,0 EUR/100 kg/net eda) in the quota. |
| --- | --- |

Add 800 tonnes (drained net weight) to the allocation for People’s Republic of China under the EU tariff rate quota for mushroom of species agaricus, prepared or preserved otherwise than by vinegar (tariff item number 2003 10 30, out of quota rate 18,4 + 222,0 EUR/100kg/net eda) and mushroom of species agaricus, provisionally preserved or preserved otherwise than by vinegar (tariff item number 2003 10 20, out of quota rate 18,4 + 191,0 EUR/100kg/net eda), in quota rate 23 %; inclusion of tariff line 0711 51 00 (out of quota rate 9,6 + 191,0 EUR/100 kg/net eda) in the quota.

agaricus

agaricus

| | Create a tariff rate quota of 2 026 tonnes (erga omnes) for chocolate with an in-quota rate of 38 % (tariff items numbers 1806 20, 1806 31, 1806 32 and 1806 90). |
| --- | --- |

Create a tariff rate quota of 2 026 tonnes (erga omnes) for chocolate with an in-quota rate of 38 % (tariff items numbers 1806 20, 1806 31, 1806 32 and 1806 90).

erga omnes

| | Create a tariff rate quota of 2 289 tonnes (erga omnes) for confectionary with an in-quota rate of 35 % (tariff item number 1704). |
| --- | --- |

Create a tariff rate quota of 2 289 tonnes (erga omnes) for confectionary with an in-quota rate of 35 % (tariff item number 1704).

erga omnes

| | Create a tariff rate quota of 409 tonnes (erga omnes) for biscuits with an in-quota rate of 40 % (tariff item number 1905 90). |
| --- | --- |

Create a tariff rate quota of 409 tonnes (erga omnes) for biscuits with an in-quota rate of 40 % (tariff item number 1905 90).

erga omnes

| 2. | The People’s Republic of China accepts the European Union’s approach to netting-out of tariff rate quotas as a way of adjusting the GATT obligations of the EU 25 and those of the Republic of Bulgaria and Romania following the recent enlargement of the European Union. |
| --- | --- |

2.

The People’s Republic of China accepts the European Union’s approach to netting-out of tariff rate quotas as a way of adjusting the GATT obligations of the EU 25 and those of the Republic of Bulgaria and Romania following the recent enlargement of the European Union.

The European Union and the People’s Republic of China shall notify each other the completion of their internal procedures for the entry into force of the agreement. The agreement shall enter into force 14 days after the date of receipt of the latest notification.

I should be obliged if you would confirm that your Government is in agreement with the content of this letter. Should this be the case, this letter and your confirmation shall together constitute an Agreement in the form of an Exchange of Letters between the European Union and the People’s Republic of China.’

I hereby have the honour to express my Government's agreement with the above letter.

For the People’s Republic of China

Image 2

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