2012/792/EU: Council Decision of 6 December 2012 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and Brazil pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultry meat provided for in the EU Schedule annexed to GATT 1994, and of the Agreement in the form of an Exchange of Letters between the European Union and Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultry meat provided for in the EU Schedule annexed to GATT 1994
Date: 2012-12-06
Institutions: Council of the European Union
Subjects: Brazil, GATT, Thailand, import (EU), poultry, poultrymeat, tariff agreement, trade agreement (EU)




L_2012351EN.01004701.xml










20.12.2012   


EN


Official Journal of the European Union


L 351/47








            COUNCIL DECISION
         
of 6 December 2012
         
on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and Brazil pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultry meat provided for in the EU Schedule annexed to GATT 1994, and of the Agreement in the form of an Exchange of Letters between the European Union and Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultry meat provided for in the EU Schedule annexed to GATT 1994
(2012/792/EU)


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(6)(a)(v) thereof,


Having regard to the proposal from the European Commission,


Having regard to the consent of the European Parliament,

Whereas:







(1)


On 25 May 2009 the Council authorised the Commission to open negotiations under Article XXVIII of the GATT 1994 with a view to the renegotiation of concessions on poultry meat tariff lines under Chapter 16 of the Combined Nomenclature as provided for in Article 1 of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (1) (‘CN’).












(2)


Those negotiations resulted in Agreements in the form of exchanges of letters initialled with Thailand on 22 November 2011 and with Brazil on 7 December 2011 (hereinafter ‘the Agreements’).












(3)


In accordance with Council Decision 2012/231/EU of 23 April 2012 (2) the Agreements were signed on behalf of the Union on 26 June 2012 with Brazil and on 18 June 2012 with Thailand.












(4)


The Agreements should be approved,





HAS ADOPTED THIS DECISION:



Article 1
The Agreement in the form of an Exchange of Letters between the European Union and Brazil pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultry meat provided for in the EU Schedule annexed to GATT 1994, and the Agreement in the form of an Exchange of Letters between the European Union and Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultry meat provided for in the EU Schedule annexed to GATT 1994 are hereby approved on behalf of the Union.
The texts of the Agreements are attached to this Decision.


Article 2
The President of the Council shall, on behalf of the Union, give the notifications provided for in the Agreements.


Article 3
This Decision shall enter into force on the day following that of its adoption




Done at Brussels, 6 December 2012.


For the Council


The President

S. CHARALAMBOUS
            





(1)  
            OJ L 256, 7.9.1987, p. 1.

(2)  
            OJ L 117, 1.5.2012, p. 1.






            AGREEMENT
         
in the form of an Exchange of Letters between the European Union and Brazil pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultry meat provided for in the EU Schedule annexed to GATT 1994

A.   Letter from the European Union

Geneva, 26 June 2012
            
Sir,
Following negotiations under Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994, relating to the modification of EU concessions with respect to processed poultry meat, I have the honour to propose the following:






1.


The European Union shall incorporate in its Schedule the following modifications:






 


The bound rate of duty for items 1602 3211, 1602 3230 and 1602 3290 shall be 2 765 €/tonne.










 


For item 1602 3211 a tariff rate quota of 16 140 tonnes is opened, of which 15 800 tonnes shall be allocated to Brazil. The in-quota rate shall be 630 €/tonne.










 


For item 1602 3230 a tariff rate quota of 79 705 tonnes is opened, of which 62 905 tonnes shall be allocated to Brazil. The in-quota rate shall be 10,9 %.










 


For item 1602 3290 a tariff rate quota of 2 865 tonnes is opened, of which 295 tonnes shall be allocated to Brazil. The in-quota rate shall be 10,9 %.














2.


Imports under the tariff rate quotas referred to in paragraph 1 shall take place on the basis of certificates of origin issued in a non-discriminatory way by the competent authorities in Brazil.










3.


Consultations may be held at any time with regard to any of the above matters at the request of either Party.




I should be obliged if you would confirm that your Government is in agreement with the content of this letter. Should this be the case, this letter and your confirmation shall together constitute an Agreement in the form of an Exchange of Letters between the European Union and Brazil.
The European Union and Brazil shall notify each other the completion of their internal procedures for the entry into force of the agreement. The agreement shall enter into force 14 (fourteen) days after the date of the latest notification.
Please accept, Sir, the assurance of my highest consideration.
Съставено в Женева на
Hecho en Ginebra, el
V Ženevě dne
Udfærdiget i Geneve, den
Geschehen zu Genf am
Genf,
Έγινε στη Γενεύη, στις
Done at Geneva,
Fait à Genève, le
Fatto a Ginevra, addì
Ženēvā,
Priimta Ženevoje,
Kelt Genfben,
Magħmul f’Ġinevra,
Gedaan te Genève,
Sporządzono w Genewie dnia
Feito em Genebra,
Întocmit la Geneva, la
V Ženeve
V Ženevi,
Tehty Genevessä,
Utfärdat i Genève den






За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Гια την Ευρωπαϊκή Ένωση
For the European Union
Pour l’Union européenne
Per l’Unione europea
Eiropas Savienības vārdā –
Europos Sąjungos vardu
Az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Pentru Uniunea Europeană
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen






B.   Letter from Brazil

Geneva, 26 June 2012
            
Sir,
I have the honour to acknowledge the receipt of your letter of 26 June 2012, which reads as follows:

                  “Following negotiations under Article XXVIII of the General Agreement on Tariffs and Trade 1994 (GATT), relating to the modification of EU concessions with respect to processed poultry meat, I have the honour to propose the following:






1.


The European Union shall incorporate in its Schedule the following modifications:






 


The bound rate of duty for items 1602 3211, 1602 3230 and 1602 3290 shall be 2 765 €/tonne.










 


For item 1602 3211 a tariff rate quota of 16 140 tonnes is opened, of which 15 800 tonnes shall be allocated to Brazil. The in-quota rate shall be 630 €/tonne.










 


For item 1602 3230 a tariff rate quota of 79 705 tonnes is opened, of which 62 905 tonnes shall be allocated to Brazil. The in-quota rate shall be 10,9 %.










 


For item 1602 3290 a tariff rate quota of 2 865 tonnes is opened, of which 295 tonnes shall be allocated to Brazil. The in-quota rate shall be 10,9 %.














2.


Imports under the tariff rate quotas referred to in paragraph 1 shall take place on the basis of certificates of origin issued in a non-discriminatory way by the competent authorities in Brazil.










3.


Consultations may be held at any time with regard to any of the above matters at the request of either Party.




I should be obliged if you would confirm that your Government is in agreement with the content of this letter. Should this be the case, this letter and your confirmation shall together constitute an Agreement in the form of an Exchange of Letters between the European Union and Brazil.
The European Union and Brazil shall notify each other the completion of their internal procedures for the entry into force of the agreement. The agreement shall enter into force 14 (fourteen) days after the date of the latest notification.”.
I hereby have the honour to express my Government’s agreement with the above letter.
Feito em Genebra,
Съставено в Женева на
Hecho en Ginebra, el
V Ženevě dne
Udfærdiget i Geneve, den
Geschehen zu Genf am
Genf,
Έγινε στη Γενεύη, στις
Done at Geneva,
Fait à Genève, le
Fatto a Ginevra, addì
Ženēvā,
Priimta Ženevoje,
Kelt Genfben,
Magħmul f’Ġinevra,
Gedaan te Genève,
Sporządzono w Genewie dnia
Întocmit la Geneva, la
V Ženeve
V Ženevi,
Tehty Genevessä,
Utfärdat i Genève den






Pelo Brasil
За Бразилия
Por Brasil
Za Brazílii
For Brasilien
Für Brasilien
Brasiilia nimel
Για τη Βραζιλία
For Brazil
Pour le Brésil
Per il Brasile
Brazīlijas vārdā –
Brazilijos vardu
Brazília részéről
Għall-Brażil
Voor Brazilië
W imieniu Brazylii
Pentru Brazilia
Za Brazíliu
Za Brazilijo
Brasilian puolesta
För Brasilien













            AGREEMENT
         
in the form of an Exchange of Letters between the European Union and Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions with respect to processed poultry meat provided for in the EU Schedule annexed to GATT 1994

A.   Letter from the European Union

Brussels, 18 June 2012
            
Sir,
Following negotiations under Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994, relating to the modification of EU concessions with respect to processed poultry meat, I have the honour to propose the following:






1.


The European Union shall incorporate in its Schedule the following modifications:






 


The bound rate of duty for items 1602 3230, 1602 3290 and 1602 39  shall be 2 765 €/tonne.










 


For item 1602 3230 a tariff rate quota of 79 705 tonnes is opened, of which 14 000 tonnes shall be allocated to Thailand. The in-quota rate shall be 10,9 %.










 


For item 1602 3290 a tariff rate quota of 2 865 tonnes is opened, of which 2 100 tonnes shall be allocated to Thailand. The in-quota rate shall be 10,9 %.










 


For item 1602 3921 a tariff rate quota of 10 tonnes allocated to Thailand is opened. The in-quota rate shall be 630€/tonne.










 


For item 1602 3929, a tariff rate quota of 13 720 tonnes is opened, of which 13 500 tonnes shall be allocated to Thailand. The in-quota rate shall be 10,9 %.










 


For item 1602 3940 a tariff rate quota of 748 tonnes is opened, of which 600 tonnes shall be allocated to Thailand. The in-quota rate shall be 10,9 %.










 


For item 1602 3980 a tariff rate quota of 725 tonnes is opened, of which 600 tonnes shall be allocated to Thailand. The in-quota rate shall be 10,9 %.














2.


Imports under the tariff rate quotas referred to in paragrapf 1 shall take place on the basis of certificates of origin issued in a non-discriminatory way by the competent authorities in Thailand.










3.


Consultations may be held at any time with regard to any of the above matters at the request of either Party.




I should be obliged if you would confirm that your Government is in agreement with the content of this letter. Should this be the case, this letter and your confirmation shall together constitute an Agreement in the form of an Exchange of Letters between the European Union and Thailand
The European Union and Thailand shall notify each other the completion of their internal procedures for the entry into force of the agreement. The agreement shall enter into force 14 (fourteen) days after the date of the latest notification.
Please accept, Sir, the assurance of my highest consideration.


For the European Union







B.   Letter from Thailand

Brussels, 18 June 2012
            
Sir,
I have the honour to acknowledge the receipt of your letter of 18 June 2012, which reads as follows:

                  “Following negotiations under Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994, relating to the modification of EU concessions with respect to processed poultry meat, I have the honour to propose the following:






1.


The European Union shall incorporate in its Schedule the following modifications:






 


The bound rate of duty for items 1602 3230, 1602 3290 and 1602 39  shall be 2 765 €/tonne.










 


For item 1602 3230 a tariff rate quota of 79 705 tonnes is opened, of which 14 000 tonnes shall be allocated to Thailand. The in-quota rate shall be 10,9 %.










 


For item 1602 3290 a tariff rate quota of 2 865 tonnes is opened, of which 2 100 tonnes shall be allocated to Thailand. The in-quota rate shall be 10,9 %.










 


For item 1602 3921 a tariff rate quota of 10 tonnes allocated to Thailand is opened. The in-quota rate shall be 630€/tonne.










 


For item 1602 3929, a tariff rate quota of 13 720 tonnes is opened, of which 13 500 tonnes shall be allocated to Thailand. The in-quota rate shall be 10,9 %.










 


For item 1602 3940 a tariff rate quota of 748 tonnes is opened, of which 600 tonnes shall be allocated to Thailand. The in-quota rate shall be 10,9 %.










 


For item 1602 3980 a tariff rate quota of 725 tonnes is opened, of which 600 tonnes shall be allocated to Thailand. The in-quota rate shall be 10,9 %.














2.


Imports under the tariff rate quotas referred to in paragrapf 1 shall take place on the basis of certificates of origin issued in a non-discriminatory way by the competent authorities in Thailand.










3.


Consultations may be held at any time with regard to any of the above matters at the request of either Party.




I should be obliged if you would confirm that your Government is in agreement with the content of this letter. Should this be the case, this letter and your confirmation shall together constitute an Agreement in the form of an Exchange of Letters between the European Union and Thailand
The European Union and Thailand shall notify each other the completion of their internal procedures for the entry into force of the agreement. The agreement shall enter into force 14 (fourteen) days after the date of the latest notification.”
               
I hereby have the honour to express my Government’s agreement with the above letter.


For the Kingdom of Thailand