# L_2007340EN.01009501.xml

| 22.12.2007 | EN | Official Journal of the European Union | L 340/95 |
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22.12.2007

EN

Official Journal of the European Union

L 340/95

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COUNCIL DECISION

of 20 December 2007

on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and New Zealand pursuant to Article XXVIII of the GATT 1994 relating to the modification of the WTO tariff quota for New Zealand butter provided for in EC Schedule CXL annexed to the GATT 1994

(2007/867/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Whereas:

| (1) | On 14 May 2007, the Council authorised the Commission to open negotiations under Article XXVIII of the GATT 1994 with a view to modifying the WTO tariff quota for New Zealand butter. Accordingly, the European Community notified the WTO on 3 August 2007 of its intention to modify the WTO tariff quota for New Zealand butter in EC Schedule CXL. |
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(1)

On 14 May 2007, the Council authorised the Commission to open negotiations under Article XXVIII of the GATT 1994 with a view to modifying the WTO tariff quota for New Zealand butter. Accordingly, the European Community notified the WTO on 3 August 2007 of its intention to modify the WTO tariff quota for New Zealand butter in EC Schedule CXL.

| (2) | Negotiations have been conducted by the Commission in consultation with the Committee established by Article 133 of the Treaty and within the framework of the negotiating directives issued by the Council. |
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(2)

Negotiations have been conducted by the Commission in consultation with the Committee established by Article 133 of the Treaty and within the framework of the negotiating directives issued by the Council.

| (3) | The Commission has successfully negotiated an agreement with New Zealand. The Agreement in the form of an Exchange of Letters between the European Community and New Zealand should therefore be approved, |
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(3)

The Commission has successfully negotiated an agreement with New Zealand. The Agreement in the form of an Exchange of Letters between the European Community and New Zealand should therefore be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters between the European Community and New Zealand pursuant to Article XXVIII of the GATT 1994 relating to the modification of the WTO tariff quota for New Zealand butter provided for in EC Schedule CXL annexed to the GATT 1994 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 order to bind the Community.

Article 3

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

Done at Brussels, 20 December 2007.

For the Council

The President

F. NUNES CORREIA

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AGREEMENT

in the form of an exchange of letters between the European Community and New Zealand pursuant to Article XXVIII of the GATT 1994 relating to the modification of the WTO tariff quota for New Zealand butter provided for in EC Schedule CXL annexed to the GATT 1994

A.   Letter from the European Community

Brussels,

Sir,

Following negotiations between the European Community (EC) and New Zealand under Article XXVIII of the GATT 1994 for the modification of the WTO tariff quota for New Zealand butter provided for in EC Schedule CXL annexed to the General Agreement on Tariffs and Trade 1994 (GATT 1994), the EC agrees to the conclusions as outlined below.

Final provisions for the WTO tariff quota for New Zealand butter

The tariff quota shall apply to butter of New Zealand origin for the following tariff items:

| CN code | Description |
| --- | --- |
| ex 0405 10 11
  ex 0405 10 19 | Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 % manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process |
| ex 0405 10 30 | Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 %, manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage where the butterfat is concentrated and/or fractionated (the processes referred to as ‘Ammix’ and ‘Spreadable’) |

CN code

Description

ex 0405 10 11

ex 0405 10 19

Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 % manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process

ex 0405 10 30

Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 %, manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage where the butterfat is concentrated and/or fractionated (the processes referred to as ‘Ammix’ and ‘Spreadable’)

The in-quota tariff rate shall be EUR 70/100 kg.

The quota quantity shall be 74 693 tonnes.

Qualification for the quota is subject to conditions laid down in the relevant Community provisions.

General

The provisions of this Agreement shall apply from 1 January 2008.

I would be grateful if you could confirm the agreement of your Government to the above.

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

On behalf of the European Community

B.   Letter from New Zealand

Brussels,

Sir,

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

‘Following negotiations between the European Community (EC) and New Zealand under Article XXVIII of the GATT 1994 for the modification of the WTO tariff quota for New Zealand butter provided for in EC Schedule CXL annexed to the General Agreement on Tariffs and Trade 1994 (GATT 1994), the EC agrees to the conclusions as outlined below.

Final provisions for the WTO tariff quota for New Zealand butter

The tariff quota shall apply to butter of New Zealand origin for the following tariff items:

| CN code | Description |
| --- | --- |
| ex 0405 10 11
  ex 0405 10 19 | Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 % manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process |
| ex 0405 10 30 | Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 %, manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage where the butterfat is concentrated and/or fractionated (the processes referred to as “Ammix” and “Spreadable”) |

CN code

Description

ex 0405 10 11

ex 0405 10 19

Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 % manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process

ex 0405 10 30

Butter, at least six weeks old, of a fat content by weight of not less than 80 % but less than 85 %, manufactured directly from milk or cream without the use of stored materials, in a single, self-contained and uninterrupted process which may involve the cream passing through a stage where the butterfat is concentrated and/or fractionated (the processes referred to as “Ammix” and “Spreadable”)

The in-quota tariff rate shall be EUR 70/100 kg.

The quota quantity shall be 74 693 tonnes.

Qualification for the quota is subject to conditions laid down in the relevant Community provisions.

General

The provisions of this Agreement shall apply from 1 January 2008.

I would be grateful if you could confirm the agreement of your Government to the above.’

New Zealand has the honour of confirming its agreement with the contents of this letter.

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

On behalf of New Zealand

Съставено в Брюксел

Hecho en Bruselas, el

V Bruselu dne

Udfærdiget i Bruxelles den

Geschehen zu Brüssel am

Brüssel,

'Εγινε στις Βρυξέλλες, στις

Done at Brussels

Fait à Bruxelles, le

Fatto a Bruxelles, addì

Briselē,

Priimta Briuselyje.

Kelt Brüsszelben,

Magħmul fi Brussell,

Gedaan te Brussel,

Sporządzono w Brukseli, dnia

Întocmit la Bruxelles

Feito em Bruxelas

V Bruseli

V Bruslju,

Tehty Brysselissä

Utfördat i Bryssel den

Image 1

От името на Европейската общност

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

În numele Comunitatii Europene

Za Európske spoločenstvo

Za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapen

Image 2

Съставено в Брюксел

Hecho en Bruselas, el

V Bruselu dne

Udfærdiget i Bruxelles den

Geschehen zu Brüssel am

Brüssel,

'Εγινε στις Βρυξέλλες, στις

Done at Brussels

Fait à Bruxelles, le

Fatto a Bruxelles, addì

Briselē,

Priimta Briuselyje.

Kelt Brüsszelben,

Magħmul fi Brussell,

Gedaan te Brussel,

Sporządzono w Brukseli, dnia

Întocmit la Bruxelles

Feito em Bruxelas

V Bruseli

V Bruslju,

Tehty Brysselissä

Utfördat i Bryssel den

Image 3

For New Zealand

От името на Нова Зеландия

Por Nueva Zelanda

Za Nový Zêland

For New Zealand

Für Neuseeland

Uus-Meremaa nimel

Για τη Νέα Υηλανδία

Pour la Nouvelle-Zélande

Per la Nuova Zelanda

Jaunzēlandes vārdā

Naujosios Zelandijos vardu

Új-Zéland részéről

Għan-New Zealand

Voor Nieuw-Zeeland

W imieniu Nowej Zelandii

Pela Nova Zelândia

În numele Noii Zeelande

Za Nový Zéland

Za Novo Zelandijo

Uuden-Seelannin puolesta

För Nya Zeeland

Image 4

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