EN Official Journal of the European Union L 337/106

COUNCIL DECISION

of 22 October 2007

on the conclusion of the Protocol amending the Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade

(2007/859/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133(3), 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 10 April 2006 the Council authorised the Commission to open negotiations with a view to ensuring compatibility between the Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade (1), hereinafter ‘Cooperation Agreement’, and Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2).

(2) These negotiations aimed to amend Article 5 of the Cooperation Agreement in order to bring it into line with the provisions of Articles 308a to 308c of Regulation (EEC) No 2454/93 (management of tariff quotas designed to be used following the chronological order of dates of customs declarations) and of Articles 55 to 65 of that Regulation (specific provisions relating to certificates of origin for certain agricultural products subject to special import arrangements).

(3) Negotiations have been conducted by the Commission within the negotiation mandate issued by the Council.

(4) The Commission has reached Agreement in the form of Agreed Minutes with the Kingdom of Thailand, holding supplying interest in products of CN code 0714 10 10, 0714 10 91 and 0714 10 99.

(5) This Agreement in the form of Agreed Minutes should be approved by a Protocol,

HAS DECIDED AS FOLLOWS:

Article 1

1. The Protocol amending the Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade, hereinafter ‘Protocol’, is hereby approved on behalf of the Community.

2. The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person empowered to sign the Protocol in order to bind the Community.

Article 3

To the extent necessary to permit the full application of the Protocol by 1 January 2008, the Commission shall adopt the detailed rules for implementing it in accordance with the procedure referred to in Article 4(2) of this Decision.

Article 4

1. The Commission shall be assisted by the Management Committee for Cereals established by Article 25 of Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organization of the market on cereals (3).

2. Where reference is made to this paragraph, Articles 4 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4) shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.

Article 5

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

Done at Luxembourg, 22 October 2007. For the Council The President J. SILVA

(1) OJ L 219, 28.7.1982, p. 53.

(2) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 214/2007 (OJ L 62, 1.3.2007, p. 6).

(3) OJ L 270, 21.10.2003, p. 78. Regulation as last amended by Regulation (EC) No 735/2007 (OJ L 169, 29.6.2007, p. 6).

(4) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

EN Official Journal of the European Union L 337/108

PROTOCOL

amending the Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade

THE EUROPEAN COMMUNITY,

of the one part, and

THE GOVERNMENT OF THE KINGDOM OF THAILAND,

of the other part,

HAVING HELD at the request of the European Community negotiations with a view to amending Article 5 of the Cooperation Agreement on manioc production, marketing and trade, hereinafter referred to as ‘the Cooperation Agreement’, in order to bring it into line with the provisions of Articles 55 to 65 and 308a to 308c of Commission Regulation (EEC) No 2454/93,

AFFIRMING their willingness to maintain the Cooperation Agreement in force,

THE EUROPEAN COMMUNITY:

Álvaro MENDONÇA E MOURA,

Ambassador, Permanent Representative of the Portuguese Republic

THE GOVERNMENT OF THE KINGDOM OF THAILAND:

Pisan MANAWAPAT,

Ambassador, Head of the Mission of Thailand to the European Communities

HAVE AGREED AS FOLLOWS:

Article 1

Article 5 of the Cooperation Agreement is hereby replaced by the following:

‘Article 5 The tariff quota concerning the agreed export quantity shall be managed by the Community in accordance with the chronological order of dates of acceptance of declarations for release for free circulation (“first come first served” principle). For its part, Thailand shall undertake to adopt all necessary provisions to issue certificates of origin to be used for the imports of manioc into the Community. When necessary, the competent authorities of both parties shall exchange information necessary for monitoring and facilitating the implementation of this Agreement.’.

Article 2

This Protocol shall form an integral part of the Cooperation Agreement.

Article 3

This Protocol shall be approved by the Community and by the Kingdom of Thailand in accordance with their own procedures.

Article 4

This Protocol shall enter into force on 1 January 2008.

Article 5

This Protocol is drawn up in two copies in each of the official languages of the contracting parties, each of these texts being equally authentic.