2003/253/EC: Council Decision of 19 December 2002 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Canada pursuant to Article XXVIII of GATT 1994 for the modification of concessions with respect to cereals provided for in EC Schedule CXL annexed to the GATT 1994
Date: 2002-12-19
Institutions: Council of the European Union
Subjects: Canada, GATT, agreement (EU), agricultural trade, cereals, ratification of an agreement, tariff quota

L 95/36

EN

Official Journal of the European Union

11.4.2003

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 19 December 2002

concerning the conclusion of an Agreement in the form of an Exchange of Letters between the
European Community and Canada pursuant to Article XXVIII of GATT 1994 for the modification
of concessions with respect to cereals provided for in EC Schedule CXL annexed to the GATT
1994

(2003/253/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(6)

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

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (2),

Having regard to the proposal from the Commission,

HAS DECIDED AS FOLLOWS:

Whereas:

(1)

(2)

(3)

(4)

(5)

On 26 July 2002, the Council authorised the Commis-
sion to open negotiations under Article XXVIII of the
GATT 1994 with a view to modifying certain conces-
sions for cereals. Accordingly, the European Community
notified the WTO on 26 July 2002 of its intention to
modify certain concessions in EC Schedule CXL.

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.

The Commission has negotiated with Canada, the WTO
Member having a substantial supplying interest, an
Agreement in the form of an Exchange of Letters.

The Agreement in the form of an Exchange of Letters
between the European Community and Canada should
therefore be approved.

In order to ensure that the Agreement may be fully
applied by 1 January 2003 and pending the amendment
of Council Regulation (EEC) No 1766/92 of 30 June
1992 on the common organisation of the market in
cereals (1),
the Commission should be authorised to
adopt temporary derogations from that Regulation.

Article 1

The Agreement in the form of an Exchange of Letters between
to Article
the European Community and Canada pursuant
XXVIII of GATT 1994 for the modification of concessions with
respect to cereals provided for in EC Schedule CXL annexed to
the GATT 1994 is hereby approved on behalf of the Commu-
nity.

The text of the Agreement is attached to this Decision.

Article 2

To the extent necessary to permit the full application of this
Agreement by 1 January 2003, the Commission may derogate
from Regulation (EEC) No 1766/92,
in accordance with the
procedure referred to in Article 3(2) of this Decision, until that
Regulation is amended but not later than 30 June 2003.

Article 3

1.
The Commission shall be assisted by the Management
Committee for Cereals instituted by Article 23 of Regulation
(EEC) No 1766/92.

2. Where reference is made to this paragraph, Articles 4 and
7 of Decision 1999/468/EC shall apply.

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

3.

The Committee shall adopt its rules of procedure.

(1) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regula-

tion (EC) No 1666/2000 (OJ L 193, 29.7.2000, p. 1).

(2) OJ L 184, 17.7.1999, p. 23.

11.4.2003

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Official Journal of the European Union

L 95/37

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

Article 4

Done at Brussels, 19 December 2002.

For the Council

The President

M. FISCHER BOEL