II
(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)
DECISIONS
COUNCIL
COUNCIL DECISION
of 20 October 2009
on the signing and conclusion of an Agreement in the form of an Exchange of Letters between the
European Community and the State of Israel concerning reciprocal liberalisation measures on
agricultural products, processed agricultural products and fish and fishery products, the
replacement of Protocols 1 and 2 and their Annexes and amendments to the Euro-Mediterranean
Agreement establishing an association between the European Communities and their Member
States, of the one part, and the State of Israel, of the other part
(2009/855/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)
Articles 14 and 15 of the Euro-Mediterranean Agreement
establishing an association between the European
Communities and their Member States, of the one part,
and the State of Israel, of the other part (
1
) (the
‘Association Agreement’), in force since 1 June 2000,
provide that the Community and Israel shall
progressively implement greater liberalisation of their
reciprocal trade in agricultural and fisheries products.
Article 9(4) of the Association Agreement foresees the
possibility for further mutual tariff concessions in
processed agricultural products listed in Annexes II to
VI to that agreement.
(2) On 11 April 2005, the EU-Israel Association Council
adopted an Action Plan of the European Neighbourhood
Policy that includes a specific provision for the further
liberalisation of trade in agricultural products, processed
agricultural products and fish and fishery products.
(3) On 14 November 2005, the Council authorised the
Commission to conduct negotiations within the
framework of the Association Agreement, in order to
achieve a greater liberalisation of reciprocal trade in agri
cultural products, processed agricultural products and
fish and fishery products.
(4) On 18 July 2008, the Commission concluded
negotiations on behalf of the Community on an
Agreement in the form of an Exchange of Letters with
a view to amending the Association Agreement.
(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 Agreement in the form of an Exchange of Letters
should be approved,
EN
28.11.2009 Official Journal of the European Union L 313/81
(
1
) OJ L 147, 21.6.2000, p. 3. (
2
) OJ L 184, 17.7.1999, p. 23.
HAS DECIDED AS FOLLOWS:
Article 1
The Agreement in the form of an Exchange of Letters between
the European Community and the State of Israel concerning
reciprocal liberalisation measures on agricultural products,
processed agricultural products and fish and fishery products,
which amends the Association Agreement and, in particular,
replaces Protocols 1 and 2 of that Agreement, as well as their
annexes, 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
1. The Commission shall adopt the necessary implementing
measures for Protocols 1 and 2 in accordance with Decision
1999/468/EC.
2. The Commission shall be assisted in this task by the
Management Committee for the Common Organisation of Agri
cultural Markets, established by Article 195 of Council Regu
lation (EC) No 1234/2007 of 22 October 2007 establishing a
common organisation of agricultural markets and on specific
provisions for certain agricultural products (Single CMO Regu
lation) (
1
), by the Management Committee for Fisheries
Products, established by Article 38 of Council Regulation (EC)
No 104/2000 of 17 December 1999 on the common organi
sation of the markets in fishery and aquaculture products (
2
), or
by the Management Committee on horizontal questions
concerning trade in Processed Agricultural Products not listed
in Annex 1 to the Treaty, established by Article 16 of Council
Regulation (EC) No 3448/93 of 6 December 1993 laying down
the trade arrangements applicable to certain goods resulting
from the processing of agricultural products (
3
) or, where appro
priate, by the committees established by the corresponding
provisions of other regulations on the common organisation
of markets or by the Customs Code Committee established by
Article 248a of Council Regulation (EEC) No 2913/92 of
12 October 1992 establishing the Community Customs
Code (
4
).
Article 3
Where the Community needs to take a safeguard measure
concerning agricultural products and fish and fishery products,
as provided for in the Association Agreement, that measure
shall be adopted in accordance with the procedure provided
for in Article 159(2) of Council Regulation (EC) No
1234/2007 or in Article 30 of Council Regulation (EC) No
104/2000. In the case of processed agricultural products, such
safeguard measures shall, provided that the conditions laid
down in the relevant provisions of the Association Agreement
are met, be adopted in accordance with the relevant provisions
of Regulation (EEC) No 2783/75 of the Council of 29 October
1975 on the common system of trade for ovalbumin and lact
albumin (
5
), Council Regulation (EC) No 3448/93 and Council
Regulation (EC) No 1667/2006 of 7 November 2006 on
glucose and lactose (
6
).
Article 4
The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Agreement in order to
bind the Community.
Article 5
This Decision shall be published in the Official Journal of the
European Union.
Done at Luxembourg, 20 October 2009.
For the Council
The President
A. BORG
EN
L 313/82 Official Journal of the European Union 28.11.2009
(
1
) OJ L 299, 16.11.2007, p. 1.
(
2
) OJ L 17, 21.1.2000, p. 22.
(
3
) OJ L 318, 20.12.1993, p. 18.
(
4
) OJ L 302, 19.10.1992, p. 1.
(
5
) OJ L 282, 1.11.1975, p. 104.
(
6
) OJ L 312, 11.11.2006, p. 1.
