Council Decision of 11 August 2004 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and India pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994 (2004/617/EC)

Council Decision

of 11 August 2004

on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and India pursuant to Article XXVIII of the GATT 1994 relating to the modification of concessions with respect to rice provided for in EC Schedule CXL annexed to the GATT 1994

(2004/617/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 26 June 2003, the Council authorised the Commission to open negotiations under Article XXVIII of the GATT 1994 with a view to modify certain concessions for rice. Accordingly, the Community notified the WTO on 2 July 2003 of its intention to modify certain concessions in EC Schedule CXL.

(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 negotiated with the United States of America, having a principal supplying interest in products of HS code 100620 (husked rice) and substantial supplier interest in products of HS code 100630 (milled rice), Thailand, having a principal supplying interest in products of HS code 100630 (milled rice) and substantial supplier interest in products of HS code 100620 (husked rice) and India and Pakistan, each having a substantial supplier interest in products of HS code 100620 (husked rice).

(4) In order to ensure that the Agreement may be fully applied by 1 September 2004 and pending the amendment of Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice(1), the Commission should be authorised to adopt temporary derogations from that Regulation.

(5) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(2).

(6) The Commission has successfully negotiated an Agreement in the form of an Exchange of Letters between the European Community and India. The Agreement should therefore be approved,

HAS DECIDED AS FOLLOWS:

(1)

OJ L 270, 21.10.2003, p. 96.

(2)

OJ L 184, 17.7.1999, p. 23.