# Official Journal L 220/2021

| | ISSN 1977-0677 |
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| Official Journal
  of the European Union | L 220 |
| | |
| English edition | Legislation | Volume 6421 June 2021 |

ISSN 1977-0677

Official Journal

of the European Union

L 220

English edition

Legislation

Volume 6421 June 2021

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | INTERNATIONAL AGREEMENTS |
| | * | Council Decision (EU) 2021/990 of 7 June 2021 on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union | 1 |
| | * | Agreement in the form of an exchange of letters between the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the united Kingdom’s withdrawal from the European Union | 3 |

Contents

II   Non-legislative acts

page

INTERNATIONAL AGREEMENTS

*

Council Decision (EU) 2021/990 of 7 June 2021 on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union

1

*

Agreement in the form of an exchange of letters between the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the united Kingdom’s withdrawal from the European Union

3

| 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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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

| 21.6.2021 | EN | Official Journal of the European Union | L 220/1 |
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21.6.2021

EN

Official Journal of the European Union

L 220/1

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COUNCIL DECISION (EU) 2021/990

of 7 June 2021

on the conclusion, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union

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 (a)(v) of the second subparagraph of Article 218(6) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

| (1) | On 15 June 2018 the Council authorised the Commission to open negotiations pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 on the apportionment of the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the Union. |
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(1)

On 15 June 2018 the Council authorised the Commission to open negotiations pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 on the apportionment of the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the Union.

| (2) | Negotiations with the Republic of Cuba were concluded on 3 July 2020 with the initialling of an Agreement in the form of an Exchange of Letters between the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union (‘the Agreement’). |
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(2)

Negotiations with the Republic of Cuba were concluded on 3 July 2020 with the initialling of an Agreement in the form of an Exchange of Letters between the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union (‘the Agreement’).

| (3) | The Agreement was signed on behalf of the Union on 11 March 2021, subject to its conclusion at a later date, in accordance with Council Decision (EU) 2020/1484 (1). |
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(3)

The Agreement was signed on behalf of the Union on 11 March 2021, subject to its conclusion at a later date, in accordance with Council Decision (EU) 2020/1484 (1).

| (4) | The Agreement should be approved, |
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(4)

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 Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union is hereby approved on behalf of the Union (2).

Article 2

The President of the Council shall, on behalf of the Union, give the notification provided for in the Agreement (3).

Article 3

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

Done at Luxembourg, 7 June 2021.

For the Council

The President

F. VAN DUNEM

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(1)  Council Decision (EU) 2020/1484 of 13 October 2020 on the signing, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and the Republic of Cuba pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the European Union (OJ L 343, 16.10.2020, p. 1).

1

(2)  See page 3 of this Official Journal.

2

(3)  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.

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Official Journal of the European Union

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| 21.6.2021 | EN | Official Journal of the European Union | L 220/3 |
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21.6.2021

EN

Official Journal of the European Union

L 220/3

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AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF CUBA PURSUANT TO ARTICLE XXVIII OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT) 1994 RELATING TO THE MODIFICATION OF CONCESSIONS ON ALL THE TARIFF-RATE QUOTAS INCLUDED IN THE EU SCHEDULE CLXXV AS A CONSEQUENCE OF THE UNITED KINGDOM’S WITHDRAWAL FROM THE EUROPEAN UNION

A.   Letter from the European Union

Dear Madam,

Following negotiations under Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the European Union Tariff Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union as communicated to WTO Members in document G/SECRET/42/Add.2, Cuba and the European Union agree to conclude the negotiations on the following basis:

Cuba agrees with the principle and methodology of apportioning the scheduled quantitative commitments in the form of tariff-rate quotas of the European Union that included the United Kingdom whereby there is an apportioned quantity taken on by the European Union that no longer includes the United Kingdom, with the remainder of the quantity taken on by the United Kingdom.

In respect of the tariff-rate quotas where Cuba has negotiation or consultation rights under Article XXVIII of the GATT, Cuba expresses that it agrees and is satisfied with the proposed apportionment as set out in document G/SECRET/42/Add.2 and the resulting quantitative commitments taken on by the European Union that no longer includes the United Kingdom.

The European Union and Cuba shall notify each other of the completion of their internal procedures for the entry into force of this Agreement. This Agreement shall enter into force on the date of the last notification. It shall apply from that date or from the date when the United Kingdom ceases to be covered by the schedule of concessions and commitments of the European Union CLXXV, whichever the latest.

I should be obliged if you would confirm that your Government is in agreement with the above. I have the honour to propose that, if the above is acceptable to your Government, this letter and your confirmation shall together constitute an Agreement in the form of an Exchange of Letters between the European Union and Cuba, including for the purposes of Article XXVIII:3(a) and (b) of the GATT 1994.

Please accept, Madam, the assurances of my highest consideration.

Image 1

B.   Letter from Cuba

Sir,

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

| | ‘Following negotiations under Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the European Union Tariff Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union as communicated to WTO Members in document G/SECRET/42/Add.2, Cuba and the European Union agree to conclude the negotiations on the following basis: |
| --- | --- |

‘Following negotiations under Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the European Union Tariff Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union as communicated to WTO Members in document G/SECRET/42/Add.2, Cuba and the European Union agree to conclude the negotiations on the following basis:

| | Cuba agrees with the principle and methodology of apportioning the scheduled quantitative commitments in the form of tariff-rate quotas of the European Union that included the United Kingdom whereby there is an apportioned quantity taken on by the European Union that no longer includes the United Kingdom, with the remainder of the quantity taken on by the United Kingdom. |
| --- | --- |

Cuba agrees with the principle and methodology of apportioning the scheduled quantitative commitments in the form of tariff-rate quotas of the European Union that included the United Kingdom whereby there is an apportioned quantity taken on by the European Union that no longer includes the United Kingdom, with the remainder of the quantity taken on by the United Kingdom.

| | In respect of the tariff-rate quotas where Cuba has negotiation or consultation rights under Article XXVIII of the GATT, Cuba expresses that it agrees and is satisfied with the proposed apportionment as set out in document G/SECRET/42/Add.2 and the resulting quantitative commitments taken on by the European Union that no longer includes the United Kingdom. |
| --- | --- |

In respect of the tariff-rate quotas where Cuba has negotiation or consultation rights under Article XXVIII of the GATT, Cuba expresses that it agrees and is satisfied with the proposed apportionment as set out in document G/SECRET/42/Add.2 and the resulting quantitative commitments taken on by the European Union that no longer includes the United Kingdom.

| | The European Union and Cuba shall notify each other of the completion of their internal procedures for the entry into force of this Agreement. This Agreement shall enter into force on the date of the last notification. It shall apply from that date or from the date when the United Kingdom ceases to be covered by the schedule of concessions and commitments of the European Union CLXXV, whichever the latest. |
| --- | --- |

The European Union and Cuba shall notify each other of the completion of their internal procedures for the entry into force of this Agreement. This Agreement shall enter into force on the date of the last notification. It shall apply from that date or from the date when the United Kingdom ceases to be covered by the schedule of concessions and commitments of the European Union CLXXV, whichever the latest.

| | I should be obliged if you would confirm that your Government is in agreement with the above. I have the honour to propose that, if the above is acceptable to your Government, this letter and your confirmation shall together constitute an Agreement in the form of an Exchange of Letters between the European Union and Cuba, including for the purposes of Article XXVIII:3(a) and (b) of the GATT 1994.’. |
| --- | --- |

I should be obliged if you would confirm that your Government is in agreement with the above. I have the honour to propose that, if the above is acceptable to your Government, this letter and your confirmation shall together constitute an Agreement in the form of an Exchange of Letters between the European Union and Cuba, including for the purposes of Article XXVIII:3(a) and (b) of the GATT 1994.’.

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

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