COUNCIL DECISION

of 28 November 2006

concerning the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Argentine Republic relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of accession to the European Community

(2006/930/EC)

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) On 22 March 2004 the Council authorised the Commission to open negotiations with certain other Members of the WTO under Article XXIV.6 of the GATT 1994, in the course of the accessions to the European Union of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic.

(2) 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.

(3) The Commission has finalised negotiations for an Agreement in the form of an Exchange of Letters between the European Community and the Argentine Republic. The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement in the form of an Exchange of Letters between the European Community and the Argentine Republic relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of accession to the European Community, is hereby approved on behalf of the Community.

The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.

Article 2

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.

Done at Brussels, 28 November 2006.

For the Council

The President

E. HEINÄLUOMA

AGREEMENT

in the form of an Exchange of Letters between the European Community and the Argentine Republic relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of accession to the European Community

A.   Letter from the European Community

Brussels,

Sir,

Following the initiation of negotiations between the European Communities (EC) and the Argentine Republic under Article XXIV:6 and Article XXVIII of GATT 1994 for the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the EC, the following is agreed between the EC and the Argentine Republic with a view to concluding the negotiations opened following the EC's notification of 19 January 2004 to the WTO pursuant to Article XXIV:6 of GATT 1994:

The EC agrees to incorporate in its schedule for the customs territory of EC 25, the concessions that were included in its previous schedule.

The EC agrees that it will incorporate in its schedule for the EC 25 the concessions contained in the Annex to this Agreement.

This Agreement shall enter into force on the date on which the EC receives from the Argentine Republic a duly executed letter of agreement, following consideration by the parties in accordance with their own procedures. The EC shall use its best endeavours to put in place the appropriate implementing measures before 1 October 2006 and under no circumstances later than 1 January 2007.

On behalf of the European Community

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ANNEX

0304 20 96: A lower applied duty of 11,4 % for three years or until the implementation of the results of the DDA reaches the tariff-level agreed, whichever comes first.

0303 79 96: A lower applied duty of 12,4 % for three years or until the implementation of the results of the DDA reaches the tariff-level agreed, whichever comes first.

— Add 4 003 tonnes (

erga omnes

) in EC tariff rate quota for ‘meat of bovine animals, frozen; un-separated or separated forequarters; boneless’ and ‘edible offal of bovine animals, frozen; thick skirt and thin skirt. The meat imported shall be used for processing’ (tariff item numbers 0202 20 30, 0202 30, 0206 29 91),

— add 537 tonnes (

erga omnes

) in EC tariff rate quota for skimmed milk powder (tariff item number 0402 10 19),

— add 96 tonnes (

erga omnes

) in EC tariff rate quota for apples (tariff item number ex 0808 10 80),

— open a tariff rate quota 242 074 tonnes (

erga omnes

) for maize (tariff item numbers 1005 10 90, 1005 90 00), in quota rate 0 %,

— open a tariff rate quota 7 044 tonnes (

erga omnes

) for fruit juices (tariff item numbers 2009 11 11, 2009 11 19, 2009 19 11, 2009 19 19, 2009 29 11, 2009 29 19, 2009 39 11, 2009 39 19, 2009 49 11, 2009 49 19, 2009 79 11, 2009 79 19, 2009 80 11, 2009 80 19, 2009 80 32, 2009 80 33, 2009 80 35, 2009 80 36, 2009 80 38, 2009 90 11, 2009 90 19, 2009 90 21, 2009 90 29), in quota rate 20 %,

— open a tariff rate quota 20 000 hl (

erga omnes

) for wine (tariff item numbers 2204 29 65 and 2204 29 75), in quota rate EUR 8/hl,

— open a tariff rate quota 40 000 hl (

erga omnes

) for wine (tariff item numbers 2204 21 79 and 2204 21 80), in quota rate EUR 10/hl,

— open a tariff rate quota 13 810 hl (

erga omnes

) for vermouth (tariff item number 2205 90 10), in quota rate EUR 7/hl.

The exact tariff description of the EC-15 shall apply to all tariff lines and quotas above.

— adjust the definition of the EC tariff rate quota of 11 000 tonnes ‘Boneless “high quality” meat: “Special or good-quality beef cuts obtained from exclusively pasture-grazed animals, aged between 22 and 24 months, having two permanent incisors and presenting a slaughter live weight not exceeding 460 kilograms, referred to as “special boxed beef”, cuts of which may bear the letters “sc” (special cuts)” ’ to ‘Boneless high quality meat of bovine animals fresh or chilled’, supplying country Argentina.

B.   Letter from the Argentine Republic

Brussels,

Sir,

Reference is made to your letter stating:

‘Following the initiation of negotiations between the European Communities (EC) and the Argentine Republic under Article XXIV:6 and Article XXVIII of GATT 1994 for the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the EC, the following is agreed between the EC and the Argentine Republic with a view to concluding the negotiations opened following the EC's notification of 19 January 2004 to the WTO pursuant to Article XXIV:6 of GATT 1994:

The EC agrees to incorporate in its schedule for the customs territory of EC 25, the concessions that were included in its previous schedule.

The EC agrees that it will incorporate in its schedule for the EC 25 the concessions contained in the Annex to this Agreement.

This Agreement shall enter into force on the date on which the EC receives from the Argentine Republic a duly executed letter of agreement, following consideration by the parties in accordance with their own procedures. The EC shall use its best endeavours to put in place the appropriate implementing measures before 1 October 2006 and under no circumstances later than 1 January 2007.’

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

On behalf of the Argentine Republic

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