Proposal for a Council Decision on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and Brazil
Date: 2009-07-10
Institutions: European Commission
Subjects: Brazil, Bulgaria, Romania, accession to the European Union, agreement (EU), ratification of an agreement, tariff preference, tariff quota

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.7.2009 
COM(2009) 355 final 

2009/0095 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of an Agreement in the form of an Exchange of Letters between the 
European Community and Brazil 

EN 

   EN 

 
 
 
  
 
 
EXPLANATORY MEMORANDUM 

With the accession of the Republic of Bulgaria and Romania, the EC has enlarged its 
customs  union.  Consequently,  the  EC  is  obliged  under  WTO  rules  (GATT  Article 
XXIV:6) to enter into negotiations with third  countries  having  negotiating  rights  in 
schedules  of  any  of  the  acceding  Members  in  order  to  agree  on  compensatory 
adjustment. Such adjustment is due if the adoption of the EC’s external tariff regime 
results  in  an  increase  in  tariff  beyond  the  level  for  which  the  acceding  country  has 
bound  itself  at  the  WTO,  whilst  taking  ‘due  account  of  reductions  of  duties  on  the 
same tariff line made by other constituents of the customs union upon its formation’. 

On  29  January  2007,  the  Council  authorised  the  Commission  to  open  negotiations 
under Article XXIV:6 of GATT 1994 (COM proposal 16703/06 WTO 270).  

The Commission has negotiated with the Members of the WTO holding negotiating 
rights  with  respect  to  the  withdrawal  of  specific  concessions  in  relation  to  the 
withdrawal of the schedules of the Republic of Bulgaria and Romania, in the course 
of their accession to the European Community. 

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

The negotiations have resulted in an Agreement in the form of an exchange of letters 
with Brazil. 

This proposal asks the Council to approve this Agreement. 

1. 

2. 

3. 

4. 

5. 

6. 

EN 

2 

   EN 

 
2009/0095 (ACC) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of an Agreement in the form of an Exchange of Letters between the 
European Community and Brazil 

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) 

(4) 

On 29 January 2007 the Council authorised the Commission to open negotiations with 
certain  other  Members  of  the  WTO  under  Article  XXIV:6  of  GATT  1994,  in  the 
course of the accessions to the European Community of the Republic of Bulgaria and 
Romania.  

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

The  Commission  has  finalised  negotiations  for  an  Agreement  in  the  form  of  an 
Exchange  of  Letters  between  the  European  Community  and  Brazil.  The  Agreement 
should be approved. 

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 the exercise of implementing powers conferred on the Commission1, 

HAS ADOPTED THIS DECISION:  

Article 1 

The Agreement in the form of an Exchange of Letters between the European Community and 
Brazil on the conclusion of GATT Article XXIV:6 negotiations with respect to the withdrawal 
of  specific  concessions  in  relation  to  the  withdrawal  of  the  schedules  of  the  Republic  of 
Bulgaria  and  Romania  in  the  course  of  their  accession  to  the  European  Union  is  hereby 
approved on behalf of the Community. 

1 

OJ L 184, 17.7.1999, p. 23.  

EN 

3 

   EN 

 
                                                 
The text of the Agreement is annexed to this Decision. 

Article 2 

The detailed rules for implementing the Agreement shall be adopted in accordance with the 
procedure referred to in Article 195(2) of Regulation (EC) No 1234/2007 of 22 October 2007 
establishing  a  common  organisation  of  agricultural  markets  and  on  specific  provisions  for 
certain agricultural products (Single CMO Regulation)2. 

Article 3 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
sign the Agreement in the form of an Exchange of Letters referred to in Article 1 in order to 
bind the Community.  

This Decision is addressed to the Member States. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

2 

OJ L 299, 16.11.2007, p. 1. 

EN 

4 

   EN 

 
 
 
 
 
                                                 
AGREEMENT  

AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS 

Between the European Community and Brazil pursuant to Article XXIV:6 and Article 
XXVIII  of  the  General  Agreement  on  Tariffs  and  Trade  (GATT)  1994  relating  to  the 
modification of concessions in the schedules of the Republic of Bulgaria and Romania in 
the course of their accession to the European Union 

A. Letter from the European Community 

Place, date 

Sir,  

Following negotiations under Article XXIV:6 and Article XXVIII of the General Agreement 
on  Tariffs  and  Trade  1994  (GATT)  relating  to  the  modification  of  the  Schedules  of  the 
Republic of Bulgaria and Romania in the course of their accession to the European Union, the 
European Community and Brazil have agreed as follows: 

The European Community will incorporate in its schedule, for the customs territory of EC 27, 
the following modifications: 

To incorporate in the schedule of the EC27 the concessions contained in the schedule 
of the EC25. 

On tariff lines 0201 3000, 0202 3090, 0206 1095 and 0206 2991 add 5000 t to the 
allocation  of  Brazil  under  the  EC  tariff  rate  quota  'boneless  high  quality  meat  of 
bovine  animals,  fresh,  chilled  or  frozen',  maintaining  the  present  in  quota  rate  of 
20%. 

On  tariff  line  0202  3090,  add  9000  t  (erga  omnes)  under  the  EC  tariff  rate  quota 
'meat of bovine animals, frozen' maintaining the present in quota rate of 20% or 20% 
+ 45% of the specific rate of duty. 

On tariff line  0207 1410,  add 2500 t to the  allocation  of Brazil under the  EC tariff 
rate quota 'cuts of fowls of the species Gallus domesticus', maintaining the present in 
quota rate of 0%. 

On tariff line 0207 2710, create a country allocation (Brazil) of 2500 t under the EC 
tariff rate quota 'cuts of turkey, frozen', maintaining the present in quota rate of 0%. 

On tariff line 1701 1110, add 300 000 t to the allocation of Brazil under the EC tariff 
rate  quota  'raw  cane  sugar,  for  refining',  maintaining  the  present  in  quota  rate  of 
98€/t. 

On tariff line 1701 1110 add 250 000 tonnes (erga omnes) under the EC tariff rate 
quota 'raw cane sugar, for refining', maintaining the present in quota rate of 98€/t. 

This agreement will enter into force no later than two months after the date of the signed letter 
from Brazil. 

EN 

5 

   EN 

 
On behalf of the European Community 

EN 

6 

   EN 

 
B. Letter from Brazil 

Place, date 

Sir,  

With reference to your letter stating: 

"Following  negotiations  under  Article  XXIV:6  and  Article  XXVIII  of  the  General 
Agreement  on  Tariffs  and  Trade  1994  (GATT)  relating  to  the  modification  of  the 
Schedules of the Republic of Bulgaria and Romania in the course of their accession 
to the European Union, the European Community and Brazil have agreed as follows: 

The European Community will incorporate in its schedule, for the customs territory 
of EC 27, the following modifications:  

To incorporate in the schedule of the EC27 the concessions contained in the schedule of the 
EC25. 

On tariff lines 0201 3000, 0202 3090, 0206 1095 and 0206 2991 add 5000 t to the allocation 
of Brazil under the EC tariff rate quota 'boneless high quality meat of bovine animals, fresh, 
chilled or frozen', maintaining the present in quota rate of 20%. 

On  tariff  line  0202  3090,  add  9000  t  (erga  omnes)  under  the  EC  tariff  rate  quota  'meat  of 
bovine animals, frozen' maintaining the present in quota rate of 20% or 20% + 45% of the 
specific rate of duty. 

On tariff line 0207 1410, add 2500 t to the allocation of Brazil under the EC tariff rate quota 
'cuts of fowls of the species Gallus domesticus', maintaining the present in quota rate of 0%. 

On tariff line 0207 2710, create  a country allocation (Brazil) of 2500 t under the EC tariff 
rate quota 'cuts of turkey, frozen', maintaining the present in quota rate of 0%. 

On tariff line 1701 1110, add 300 000 t to the allocation of Brazil under the EC tariff rate 
quota 'raw cane sugar, for refining', maintaining the present in quota rate of 98€/t. 

On tariff line 1701 1110 add 250 000 tonnes (erga omnes) under the EC tariff rate quota 'raw 
cane sugar, for refining', maintaining the present in quota rate of 98€/t. 

This  agreement  will  enter  into  force  no  later  than  two  months  after  the  date  of  the 
signed letter from Brazil." 

I hereby have the honour to express my government's agreement. 

On behalf of Brazil 

EN 

7 

   EN