DECISION

No 2/2004

OF THE EC-MEXICO JOINT COUNCIL

of 28 April 2004

introducing a preferential tariff rate quota for certain products originating in Mexico and listed in Annex I to Decision No 2/2000 of the EC-Mexico Joint Council

(2004/805/EC)

THE JOINT COUNCIL,

Having regard to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, signed in Brussels on 8 December 1997,

Having regard to Decision No 2/2000 of the EC-Mexico Joint Council of 23 March 2000(1) (Decision No 2/2000) and in particular Article 3(5) thereof,

Whereas:

(1) Article 10(5) of Decision No 2/2000 states that parties shall enter into negotiations to examine the possibility of opening a preferential tariff rate quota for tuna loins.

(2) Parties have concluded a mutually satisfactory negotiation.

(3) Article 3(5) gives to the Joint Council the capacity to accelerate the elimination of customs duties more rapidly than is provided for in Articles 4 to 10 or otherwise improve the conditions of access according to such Articles.

(4) A decision by the Joint Council to accelerate the elimination of a custom duty or otherwise improve conditions of access shall supersede the terms established in Articles 4 to 10 for the product concerned,

HAS DECIDED AS FOLLOWS:

Article 1

The European Community shall introduce a preferential tariff rate quota for tuna loins originating in Mexico, according to Annex III to Decision No 2/2000, as set out in the Annex to this Decision.

Article 2

From the third year onwards, the yearly quota increase will be conditional upon the exhaustion of the previous year’s quota. For the purposes of this Article the quota shall be considered exhausted if, at 31 December of each year, at least 80 % of the total amount available in the year under consideration has been used.

Article 3

The quota will be opened from the day of the entry into force of this Decision. From the second year onwards the quota will be opened on 1 January of each year.

Article 4

This Decision shall enter into force on the 30th day after that of its adoption.

Done at Brussels, 28 April 2004.

For the Joint Council

The President

L. E.

DERBEZ

(1)

OJ L 157, 30.6.2000, p. 10

. Decision as amended by Decision No 2/2002 (

OJ L 133, 18.5.2002, p. 23

ANNEX

European Community quota on tuna loins originating in Mexico classified under CN code 1604 14 16

Yearly increase from year 3 onwards is subject to conditions laid down in Article 2 of this Decision. The quota is managed on a ‘first come, first served’ basis.

Year 1

Year 2

Year 3

Year 4

Year 5

Year 6

Year 7

Year 8

Year 9

Year 10

Following years

5 000 tonnes

6 000 tonnes

7 000 tonnes

8 000 tonnes

9 000 tonnes

10 000 tonnes

11 000 tonnes

12 000 tonnes

13 000 tonnes

14 000 tonnes

15 000 tonnes

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %

Duty rate

6 %