COUNCIL DECISION (EU) 2021/2234

of 29 November 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 Australia 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 (1),

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.

(2) Negotiations with Australia were concluded on 18 December 2020 with the initialling of an Agreement in the form of an Exchange of Letters between the European Union and Australia 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 4 October 2021, subject to its conclusion at a later date, in accordance with Council Decision (EU) 2021/515 (2).

(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 Australia 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 (3).

Article 2 The President of the Council shall, on behalf of the Union, give the notification provided for in the Agreement (4).

Article 3 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 29 November 2021. For the Council The President S. KUSTEC

(1) Consent of 11 November 2021 (not yet published in the Official Journal).

(2) Council Decision (EU) 2021/515 of 22 March 2021 on the signing, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union and Australia 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 104, 25.3.2021, p. 27).

(3) See page 3 of this Official Journal.

(4) 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.