2005/476/EC: Council Decision of 21 June 2005 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the United States of America relating to the method of calculation of applied duties for husked rice and amending Decisions 2004/617/EC, 2004/618/EC and 2004/619/EC
Date: 2005-06-21
Institutions: Council of the European Union
Subjects: United States, common commercial policy, ratification of an agreement, rice, tariff agreement

1.7.2005

EN

Official Journal of the European Union

L 170/67

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 21 June 2005

on the conclusion of an Agreement in the form of an Exchange of Letters between the European
Community and the United States of America relating to the method of calculation of applied duties
for husked rice and amending Decisions 2004/617/EC, 2004/618/EC and 2004/619/EC

(2005/476/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

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

the

for

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

the Treaty and within the framework of

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

supplying interest

(milled rice) and substantial supplier interest in 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).

The Agreements with India and with Pakistan have been
approved on behalf of
the Community by Council
Decisions 2004/617/EC (1) and 2004/618/EC (2) respec-
tively. A new tariff
rate for husked rice (CN code
1006 20) and milled rice (CN code 1006 30) was fixed
by Council Decision 2004/619/EC (3).

has

The Commission
an
in the form of an Exchange of Letters
Agreement
between the European Community and the United
States of America which should therefore be approved.

successfully

negotiated

In order to ensure that the Agreement may be fully
applied as
from 1 March 2005 and pending the
amendment of Council Regulation (EC) No 1785/2003
of 29 September 2003 on the common organisation of
the market
the Commission should be
authorised to adopt
temporary derogations from that
Regulation, and to adopt implementing measures.

in rice (4),

For
the same reason the corresponding derogations
contained in Decisions 2004/617/EC, 2004/618/EC and
2004/619/EC should also be extended until 30 June
2006.

(4)

(5)

(6)

(7)

(1) OJ L 279, 28.8.2004, p. 17.
(2) OJ L 279, 28.8.2004, p. 23.
(3) OJ L 279, 28.8.2004, p. 29.
(4) OJ L 270, 21.10.2003, p. 96.

L 170/68

EN

Official Journal of the European Union

1.7.2005

(8)

(9)

For the sake of legal certainty, it is also appropriate to
clarify in Decisions 2004/617/EC and 2004/618/EC that
the authorisation given to the Commission to adopt
temporary
(EC) No
Agreements
1785/2003
concerned also includes
the authorisation to adopt
detailed implementing measures.

from Regulation

implementing

derogations

the

for

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
implementing powers
the exercise of
conferred on the Commission (1),

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters between
the European Community and the United States of America
relating to the method of calculation of applied duties for
husked rice is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 4

Article 2 of Decision 2004/618/EC shall be replaced by the
following:

‘Article 2

1.
To the extent necessary to permit the full application
of this Agreement by 1 September 2004, the Commission
may 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 2006.

The Commission shall adopt

2.
implementing the Agreement
procedure referred to in Article 3(2) of this Decision.’

the detailed rules for
in accordance with the

Article 5

In Article 2 of Decision 2004/619/EC, the date ‘30 June 2005’
shall be replaced by the date ‘30 June 2006’.

Article 2

Article 6

1.
To the extent necessary to permit the full application of
this Agreement as from 1 March 2005, the Commission may
derogate from Regulation (EC) No 1785/2003,
in accordance
with the procedure referred to in Article 6(2) of this Decision,
until that Regulation is amended but at the latest until 30 June
2006.

2.
The Commission shall adopt the detailed rules for imple-
menting the Agreement in accordance with the procedure laid
down in Article 6(2) of this Decision.

Article 3

Article 2 of Decision 2004/617/EC shall be replaced by the
following:

‘Article 2

1.
To the extent necessary to permit the full application
of this Agreement by 1 September 2004, the Commission
may 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 2006.

The Commission shall be assisted by the Management
1.
Committee for Cereals instituted by Article 25 of Regulation
(EC) No 1784/2003 (2).

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.

Article 7

The President of the Council is hereby authorised to designate
the person empowered to sign the Agreement in order to bind
the Community (3).

Done at Luxemburg, 21 June 2005.

The Commission shall adopt

2.
implementing the Agreement
procedure referred to in Article 3(2) of this Decision.’

the detailed rules for
in accordance with the

For the Council
The President

F. BODEN

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

(2) OJ L 270, 21.10.2003, p. 78.
(3) 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.