20.12.2012 EN Official Journal of the European Union L 351/36
REGULATION (EU) No 1218/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 12 December 2012
concerning the implementation 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, and amending and supplementing Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) Council Regulation (EEC) No 2658/87 (2) established a goods nomenclature (the ‘Combined Nomenclature’), and set out the conventional duty rates of the Common Customs Tariff.
(2) By its Decision 2012/792/EU 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 (3) (‘the Agreements’), the Council approved the Agreements on behalf of the Union with a view to closing negotiations initiated pursuant to Article XXVIII of GATT 1994.
(3) The Agreements were negotiated on the basis of the Combined Nomenclature codes in force at the time.
(4) In the newest version of Annex I to Regulation (EEC) No 2658/87 as laid down in Commission Implementing Regulation (EU) No 1006/2011 (4), the tariff lines 16 023 940 and 16 023 980 have been merged into a new tariff line 16 023 985. The Annex to this Regulation reflects this new situation.
(5) The autonomous customs duty rates for the tariff lines covered by the negotiations are currently set at levels below the new conventional duty rates resulting from the modification of concessions pursuant to Article XXVIII of GATT 1994. However, under Regulation (EEC) No 2658/87, the autonomous customs duties apply when they are below the conventional duties.
(6) The autonomous rate of duty fixed in the Common Customs Tariff should therefore be increased to the level of the conventional duty.
(7) Annex I to Regulation (EEC) No 2658/87 should therefore be amended and supplemented accordingly,
In Regulation (EEC) No 2658/87, Part Two of Annex I (‘Schedule of Customs Duties’) shall be amended with the duties shown in the Annex to this Regulation.
The autonomous duties shall be set at the level of the conventional duties.
In Regulation (EEC) No 2658/87, Annex 7 of Section III of Part Three (‘WTO tariff quotas to be opened by the Competent Community Authorities’) of Annex I shall be amended with the tariff quotas and supplemented with the volumes and duties shown in the Annex to this Regulation.
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.
It shall apply from the date of entry into force of the Agreements.
This Regulation shall be binding in its entirety and directly applicable in all Member States.