2004/617/EC: Council Decision of 11 August 2004 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and India pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994
Date: 2004-08-11
Institutions: Council of the European Union
Subjects: India, agreement (EU), rice, trading operation

28.8.2004

EN

Official Journal of the European Union

L 279/17

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 11 August 2004

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

(2004/617/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)

(2)

(3)

authorised

the Council

the
On 26 June 2003,
Commission to open negotiations under Article XXVIII
the GATT 1994 with a view to modify certain
of
concessions
the Community
rice. Accordingly,
notified the WTO on 2 July 2003 of its intention to
modify certain concessions in EC Schedule CXL.

for

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

the Treaty and within the framework of

supplying interest

The Commission has negotiated with the United States of
in
America, having a principal
products of HS code 1006 20 (husked rice)
and
substantial supplier
in products of HS code
interest
1006 30 (milled rice), Thailand, having a principal
in products of HS code 1006 30
supplying interest
(milled
in
supplier
substantial
and
products of HS code 1006 20 (husked rice) and India
and Pakistan, each having a substantial supplier interest
in products of HS code 1006 20 (husked rice).

interest

rice)

(4)

(5)

(6)

In order to ensure that the Agreement may be fully
applied by 1 September 2004 and pending the
amendment of Council Regulation (EC) No 1785/2003
of 29 September 2003 on the common organisation of
the Commission should be
the market
authorised to adopt
temporary derogations from that
Regulation.

in rice (1),

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
implementing powers
the exercise of
procedures for
conferred on the Commission (2).

has

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

successfully

negotiated

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters between
the European Community and India pursuant to Article XXVIII
of the GATT 1994 relating to the modification of concessions
with respect to rice 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.

(1) OJ L 270, 21.10.2003, p. 96.
(2) OJ L 184, 17.7.1999, p. 23.

L 279/18

EN

Official Journal of the European Union

28.8.2004

Article 2

To the extent necessary to permit the full application of this
the Commission may
Agreement by 1 September 2004,
derogate from Regulation (EC) No 1785/2003,
in accordance
with the procedure referred to in Article 3(2) of this Decision,
until that Regulation is amended but at the latest until 30 June
2005.

Article 3

1.
The Commission shall be assisted by the Management
Committee for Cereals instituted by Article 25 of Council Regu-
lation (EC) No 1784/2003 of 29 September 2003 on the
common organisation of the market in cereals (1).

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

The period provided
1999/468/EC shall be set at one month.

for

in Article 4(3) of Decision

3.

The Committee shall adopt its Rules of Procedure.

Article 4

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement in order to
bind the Community (2).

Done at Brussels, 11 August 2004.

For the Council
The President

B. BOT

(1) OJ L 270, 21.10.2003, p. 78.

(2) The date of entry into force of the Agreement will be published in

the Official Journal of the European Union.