2005/958/EC: Council Decision of  21 December 2005  on the conclusion of an agreement in the form of an Exchange of Letters between the European Community and Japan pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994
Date: 2005-12-21
Institutions: Council of the European Union
Subjects: Japan, ratification of an agreement, trade agreement (EU)

30.12.2005

EN

Official Journal of the European Union

L 347/75

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 21 December 2005

on the conclusion of an agreement in the form of an Exchange of Letters between the European
Community and Japan pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on
Tariffs and Trade (GATT) 1994

(2005/958/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

establishing the European
Having regard to the Treaty
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)

the WTO under Article XXIV:6 of

authorised the
On 22 March 2004 the Council
Commission to open negotiations with certain other
Members 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
the Republic of
of Cyprus,
Lithuania,
the Republic of
Malta, the Republic of Poland, the Republic of Slovenia
and the Slovak Republic.

the Republic of Latvia,
the Republic of Hungary,

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

finalised negotiations

an
The Commission has
agreement
in the form of an Exchange of Letters
between the European Community and Japan pursuant
to Article XXIV:6 and Article XXVIII of the GATT 1994.
The said agreement should therefore be approved,

for

Article 1

The agreement in the form of an Exchange of Letters between
the European Community and Japan pursuant to Article XXIV:6
and Article XXVIII of the GATT 1994 with respect to the with-
drawal 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, 21 December 2005.

For the Council
The President

B. BRADSHAW

(1) The date of entry into force of the agreement will be published in

the Official Journal of the European Union.

L 347/76

EN

Official Journal of the European Union

30.12.2005

A. Letter from the European Community

Negotiations between the European Community and Japan under GATT Article XXIV:6 relating to the
modification of concessions in the schedules of
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.

the Republic of Estonia,

the Czech Republic,

Sir,

Brussels, 21 December 2005

I have the honour to refer the recent negotiations between the European Communities (EC) and the
Government of Japan under Article XXIV:6 and Article XXVIII of GATT 1994 for the modification of
concessions in the schedules of Czech Republic, the Republic of Estonia, the Republic of Cyprus, the
Republic of Latvia,
the
Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to
the EC, which opened following the EC's notification of 19 January 2004 pursuant to Article XXIV:6
(GATT).

the Republic of Lithuania,

the Republic of Hungary,

the Republic of Malta,

I have further the honour to convey you the view of the European Community that the following has been
achieved as the result of the said negotiations:

85254099: A lower applied rate of 12,5 %,

37023219: A lower applied rate of 1,3 %,

85254019: A lower applied rate of 1,2 %.

The lower applied rates indicated above are to be applied for four years or until the implementation of the
results of the Doha Development Agenda Round reaches the tariff level above, whichever comes first. The
period of four years indicated above will begin at the date when the measures described in this letter will be
implemented.

The EC will
included in its previous schedule.

incorporate in its schedule, for the customs territory of EC 25, the concessions that were

After the EC and the Government of Japan confirm to share the view with the above result of the
negotiation, following consideration in accordance with their own procedures, the EC will implement the
above results as soon as possible in accordance with its domestic procedures, and in any case no later than
1 January 2006.

Please confirm that the Government of Japan shares the view with the above.

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

On behalf of the European Community

30.12.2005

EN

Official Journal of the European Union

L 347/77

B. Letter from Japan

Brussels, 21 December 2005

Sir,

I have the honour to acknowledge the receipt of your letter saying:

“Negotiations between the European Community and Japan under GATT Article XXIV:6 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.

I have the honour to refer the recent negotiations between the European Communities (EC) and the
Government of Japan under Article XXIV:6 and Article XXVIII of GATT 1994 for the modification of
concessions in the schedules of 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, which opened following the EC's notification of 19 January 2004 pursuant to Article XXIV:66
(GATT).

I have further the honour to convey you the view of the European Community that the following has
been achieved as the result of the said negotiations:

85254099: A lower applied rate of 12,5 %,

37023219: A lower applied rate of 1,3 %,

85254019: A lower applied rate of 1,2 %.

The lower applied rates indicated above are to be applied for four years or until the implementation of
the results of the Doha Development Agenda Round reaches the tariff level above, whichever comes
first. The period of four years indicated above will begin at the date when the measures described in this
letter will be implemented.

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

After the EC and the Government of Japan confirm to share the view with the above result of the
negotiation, following consideration in accordance with their own procedures, the EC will implement
the above results as soon as possible in accordance with its domestic procedures, and in any case no
later than 1 January 2006.”.

I hereby have the honour to inform you that my government shares the view of the European Community,
and that further domestic procedure is not necessary at the side of the Government of Japan.

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

On behalf of the Government of Japan