THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 113, in conjunction with Article 228 (2) first sentence, thereof,

Having regard to the proposal from the Commission,

Whereas the elimination of tariffs by the United States and the European Community is considered to be of overall benefit;

Whereas the United States and the European Community have prepared an Agreement in the form of a Memorandum of Understanding on spirituous beverages; whereas the Agreement includes modifications to an EC-Spirits-Schedule CXL which should be submitted to the World Trade Organization;

Whereas the Agreement in the form of a Memorandum of Understanding between the United States and the European Community on spirituous beverages should be approved on behalf of the Community,

HAS DECIDED AS FOLLOWS: