Proposal for a Council Decision on the conclusion of the Protocol amending the Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade
Date: 2007-08-27
Institutions: European Commission
Subjects: Thailand, agricultural production, cassava, certificate of origin, cooperation agreement (EU), exchange of information, marketing, protocol to an agreement, tariff quota

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 27.8.2007 
COM(2007) 482 final 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Protocol amending the Cooperation Agreement  
between the European Economic Community and the Kingdom of Thailand  
on manioc production, marketing and trade 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

In  1982  the  EC  and  the  Kingdom  of  Thailand  signed  a  bilateral  agreement  on  manioc, 
providing for an import quota of 21 million t of manioc chips over a 4-year period, with some 
flexibility on the annual quantities based on administrative cooperation.  

Manioc imports from Thailand to the EC according to the annual quota are currently subject 
to  the  delivery  of  export  certificates  and  import  licences.  The  import  regime  of  manioc 
through  export  certificates  and  import  licences  is  determined  by  Article  5  of  the  1982 
Cooperation Agreement between EC and the Kingdom of Thailand, covering the production, 
marketing and trade of manioc. The Cooperation Agreement is automatically renewed every 
four years. 

On 10 April 2006 the Commission received a mandate from the Council to open negotiations 
with the Kingdom of Thailand to amend the  Cooperation  Agreement  between the European 
Community  and  the  Kingdom  of  Thailand.  The  objective  of  the  amendment  was  to  amend 
Article 5 of the Cooperation Agreement and change the management of the import regime for 
imports  of  manioc  from  Thailand  into  the  Community  into  ‘first  come  first  served’  (FCFS) 
system managed by TAXUD. The new system will greatly simplify management and reduce 
the costs of the import regime.  

These negotiations have been successfully concluded and the appropriate amendments to the 
Cooperation Agreement should be adopted by the Council. 

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Proposal for a 

COUNCIL DECISION 

on the conclusion of the Protocol amending the Cooperation Agreement  
between the European Economic Community and the Kingdom of Thailand  
on manioc production, marketing and trade 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 133(3), in conjunction with Article 300(2), first subparagraph, first sentence thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

On 10 April 2006 the Council authorised the Commission to open negotiations with a 
view  to  ensuring  compatibility  between  the  Cooperation  Agreement  between  the 
European Economic Community and the Kingdom of Thailand on manioc production, 
marketing and trade, hereinafter 'cooperation agreement', and Commission Regulation 
(EEC)  No 2454/93  laying  down  provisions  for  the  implementation  of  Council 
Regulation (EEC) No 2913/92 establishing the Community Customs Code2. 

These negotiations aimed to amend Article 5 of the cooperation agreement in order to 
bring  it  in  line  with  the  provisions  of  Articles  308a  to  308c  of  Regulation  (EEC) 
No 2454/93  (management  of  tariff  quotas  designed  to  be  used  following  the 
chronological order of dates of customs declarations) and of Articles 55 to 65 of that 
Regulation (specific provisions relating to certificates of origin for certain agricultural 
products subject to special import arrangements). 

Negotiations have been conducted by the Commission within the negotiation mandate 
issued by the Council. 

The  Commission  has  reached  Agreement  in  the  form  of  Agreed  Minutes  with  the 
Kingdom of Thailand, holding supplying interest in products of CN code 0714 10 10, 
0714 10 91 and 0714 10 99. 

(5) 

That Agreement should be approved. 

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OJ C …, …, p. …. 
OJ L 302, 19.10.1992, p. 1. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

1. 

The Protocol amending the cooperation Agreement between the European Economic 
Community and the Kingdom of Thailand relating to the amendment of Article 5 of 
the  Cooperation  Agreement  between  the  European  Economic  Community  and  the 
Kingdom of Thailand on manioc production, marketing and trade is hereby approved 
on behalf of the Community.  

2. 

The text of the Protocol is attached to this Decision. 

The President of the Council is hereby authorised to designate the person empowered to sign 
the Agreement referred to in Article 1 in order to bind the Community. 

Article 2 

Article 3 

To the extent necessary to permit the full application of this Agreement by 1 January 2008, 
the Commission shall adopt the detailed rules for implementing the agreement in accordance 
with the procedure referred to in Article 4(2) of this Decision. 

Article 4 

1. 

2. 

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

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

The period provided for in Article 4(3) of Decision 1999/468/EC shall be one month. 

Article 5 

This Decision shall be published in the Official Journal of the European Union. 

Done at Brussels, … 

For the Council 
The President 

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PROTOCOL 

amending the Cooperation Agreement between the Kingdom of Thailand and the 
European Economic Community on manioc production, marketing and trade 

THE COUNCIL OF THE EUROPEAN UNION, 

of the one part, 

THE GOVERNMENT OF THE KINGDOM OF THAILAND 

of the other part, 

HAVING  HELD  at  the  request  of  the  European  Community  negotiations  with  a  view  to 
amend  Article 5  of  the  Cooperation  Agreement  on  manioc  production,  marketing  and  trade, 
hereinafter  referred  to  as  the  cooperation  agreement,  in  order  to  bring  it  in  line  with  the 
provisions  of  Articles  55  to  65  and  308a  to  308c  of  Commission  Regulation  (EEC) 
No 2454/93, 

AFFIRMING their willingness to maintain the cooperation agreement in force, 

HAVE DECIDED to amend the cooperation agreement in respect of the relevant provisions 
of Article 5 by this protocol and to this end have designated their plenipotentiaries: 

THE COUNCIL OF THE EUROPEAN UNION, 

THE GOVERNMENT OF THE KINGDOM OF THAILAND 

WHO, having exchanged their Full Powers, found in good and due form, 

HAVE AGREED AS FOLLOWS: 

Article 1 

Article 5 of the cooperation agreement is hereby replaced by the following:  

"The tariff quota concerning the agreed export quantity shall be managed by the Community 
in accordance with the chronological order of dates of acceptance of declarations for release 
for free circulation ('first come first served' principle).  

For its part, Thailand shall undertake to adopt all necessary provisions to issue certificates of 
origin to be used for the imports of manioc into the Community.  

When  necessary,  the  competent  authorities  of  both  parties  shall  exchange  information 
necessary for monitoring and facilitating the implementation of the Agreement." 

The Protocol shall form an integral part of the cooperation agreement.  

Article 2 

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This  Protocol  shall  be  approved  by  the  European  Community  and  by  the  Kingdom  of 
Thailand in accordance with their own procedures. 

Article 3 

This Protocol shall enter into force on 1 January 2008. 

Article 4 

Article 5 

This Protocol is drawn up in two copies in each of the official languages of the contracting 
parties, each of these texts being equally authentic. 

Done at Brussels on …. 

For the European Community 

For the Kingdom of Thailand 

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