2005/953/EC: Council Decision of  20 December 2005  on the conclusion of an agreement in the form of an Exchange of Letters between the European Community and Thailand pursuant to Article XXVIII of GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to GATT 1994
Date: 2005-12-20
Institutions: Council of the European Union
Subjects: Thailand, ratification of an agreement, rice, trade agreement (EU)

L 346/24

EN

Official Journal of the European Union

29.12.2005

COUNCIL DECISION

of 20 December 2005

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

(2005/953/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
concessions
European
rice. Accordingly,
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
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)

The agreements with India and with Pakistan have been
the Community by Decisions
approved on behalf of
2004/617/EC (1) and 2004/618/EC (2)
respectively. A
new tariff rate for husked rice (CN code 1006 20) and

(1) OJ L 279, 28.8.2004, p. 17.
(2) OJ L 279, 28.8.2004, p. 23.

milled rice (CN code 1006 30) was fixed by Decision
2004/619/EC (3). The agreement with the United States
was approved by Decision 2005/476/EC (4).

The Commission has now successfully negotiated an
agreement
in the form of an Exchange of Letters
between the Community and Thailand which should
therefore be approved.

In order to ensure that
the agreement may be fully
applied as from 1 September 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
temporary derogations from that
authorised to adopt
Regulation and to adopt
the necessary implementing
measures.

in rice (5),

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 (6),

(5)

(6)

(7)

HAS DECIDED AS FOLLOWS:

Article 1

The agreement in the form of an Exchange of Letters between
the European Community and Thailand pursuant
to Article
XXVIII of GATT 1994 relating to the modification of
concessions with respect to rice provided for in EC Schedule
CXL annexed to GATT 1994 is hereby approved on behalf of
the Community.

The text of the agreement is attached to this Decision.

Article 2

To the extent necessary to permit the full application of
1.
the agreement as from 1 September 2005, the Commission
may derogate
in
accordance with the procedure referred to in Article 3(2) of
this Decision, until that Regulation is amended and,
in any
event, no later than 30 June 2006.

from Regulation (EC) No 1785/2003,

(3) OJ L 279, 28.8.2004, p. 29.
(4) OJ L 170, 1.7.2005, p. 67.
(5) OJ L 270, 21.10.2003, p. 96.
(6) OJ L 184, 17.7.1999, p. 23.

29.12.2005

EN

Official Journal of the European Union

L 346/25

The Commission shall adopt the detailed rules for imple-
2.
menting the agreement in accordance with the procedure laid
down in Article 3(2) of this Decision.

3.

The Committee shall adopt its rules of procedure.

Article 4

Article 3

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

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

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

in Article 4(3) of Decision

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, 20 December 2005.

For the Council
The President

M. BECKETT

(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 by the General Secretariat of
the Council.