EN Official Journal of the European Union L 335/38

COUNCIL DECISION

of 22 May 2006

on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Malaysia 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 Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union

(2006/862/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 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 22 March 2004 the Council authorised the Commission to open negotiations with certain other Members of the WTO under Article XXIV:6 of the General Agreement on Tariffs and Trade (GATT) 1994, in the course of the accessions to the European Union of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic.

(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 finalised negotiations for an Agreement in the form of an Exchange of Letters between the European Community and Malaysia pursuant to Article XXIV:6 and Article XXVIII of the GATT 1994. The said Agreement 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 Malaysia pursuant to Article XXIV:6 and Article XXVIII of the GATT 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union, with respect to the withdrawal of specific concessions in relation to the withdrawal of the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union, is hereby approved on behalf of the Community.

The text of the Agreement in the form of an Exchange of Letters 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 (1).

Done at Brussels, 22 May 2006. For the Council The President J. PRÖLL

(1) The date of entry into force of the Agreement will be published in the Official Journal of the European Union.

EN Official Journal of the European Union L 335/40

AGREEMENT

in the form of an Exchange of Letters between the European Community and Malaysia 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 Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union

Sir,

Following the initiation of negotiations between the European Communities (EC) and Malaysia under Article XXIV:6 and Article XXVIII of GATT 1994 for the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the EC, the following is agreed between the EC and Malaysia with a view to closing the negotiations opened following the EC’s notification of 19 January 2004 pursuant to Article XXIV:6 of GATT 1994:

— 1511 90 19 (Solid palm oil fractions, whether or not refined, but not chemically modified, in packing of > 1 kg.): A lower applied rate of 10,0 %.

— 8525 40 99 (Still-image video cameras): A lower applied rate of 12,5 %.

The lower applied rates indicated above are to be applied for three years.

The exact tariff descriptions of EC-15 shall apply to all tariff lines above.

The EC shall incorporate in its schedule CLX, for the customs territory of EC-25, the concessions that were included in its previous schedule.

This Agreement shall enter into force on the date of signature, following the approval by the parties in accordance with their own procedures.

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

On behalf of the European Community

Sir,

Reference is made to your letter stating:

‘Following the initiation of negotiations between the European Communities (EC) and Malaysia under Article XXIV:6 and Article XXVIII of GATT 1994 for the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the EC, the following is agreed between the EC and Malaysia with a view to closing the negotiations opened following the EC’s notification of 19 January 2004 pursuant to Article XXIV:6 of GATT 1994:

— 1511 90 19 (Solid palm oil fractions, whether or not refined, but not chemically modified, in packing of > 1 kg.): A lower applied rate of 10,0 %.

— 8525 40 99 (Still-image video cameras): A lower applied rate of 12,5 %.

The lower applied rates indicated above are to be applied for three years.

The exact tariff descriptions of EC-15 shall apply to all tariff lines above.

The EC shall incorporate in its schedule CLX, for the customs territory of EC-25, the concessions that were included in its previous schedule.

This Agreement shall enter into force on the date of signature, following the approval by the parties in accordance with their own procedures.’

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

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