. /.RESTRICTEDWORLD TRADE
ORGANIZATIONWT/REG53/M/3
14 October 1999
(99-4402)
Committee on Regional Trade Agreements
EXAMINATION OF THE CUSTOMS UNION BETWEEN
THE EUROPEAN COMMUNITIES AND THE PRINCIPALITY OF ANDORRA
Note on the Meeting of 22 September 1999
Chairman: M r. Guillermo González (Argentina)
1. Under Agenda Item B.X of its Twenty-Four th Session, as found in Airgram WTO/AIR/1166,
dated 15 September 1999, the Committee on Regional Trade Agreements (hereinafter CRTA or the
Committee) continued examination of the Customs Union between the European Communities (EC)
and the Principality of Andorra (Andorra).
2. The Chairman recalled that the Committee had previously held two rounds of examination in
its 21st and 22nd Sessions.  The corresponding minutes of those meetings had been distributed
(WT/REG53/M/1-2).  The set of written questions submitted to the Parties, and their responses, had
been circulated as document WT/REG53/4.  He proposed that, given the advanced stage of the factual
examination process, delegations make general comments.  However, if delegations wanted to raise aspecific question, they could point out the relevant sections of the Standard Format so as to better
locate and make it easier to find the reference.
3. The representative of the European Commun ities recalled that the Committee had already
considered the Agreement on two occasions. His delegation along with that of Andorra, had submitted
written answers to received questions which had been circulated in April 1999.  A deadline had beenset at the previous meeting for any additional questions which delegations might have had.  Since no
additional questions had been received, he concluded that sufficient information was on the table and
hoped that the factual stage of that examination could be completed at the day's meeting.  His
delegation would answer any outstanding questions to the best of their ability.
4. The representative of the United States sought clarification in regard to paragraph 9 ("Other")
in WT/REG53/4; he asked whether the answers provided were in the affirmative or not.  The
representative of the European Communities explained that the customs union Agreement covered
products for which there was a common external regime, including in the area of non-tariff measures,
but limited to products in HS Chapters 25 upwar ds; hence, the answers provided in WT/REG53/4.
The representative of the United States asked whether, since neither animals nor bananas were
covered by the Agreement, Andorra applied restrictions.  The representative of Andorra explained
that, while bananas were not covered by the Agreement, meat was covered in the Protocol thatAndorra had concluded with the EC concerning veterinary matters.
5. The representative of the United States said that his understanding had been that meat and
bananas were not covered by the Agreement; however, it had been mentioned that there was a
separate Protocol covering the former category.  He asked what the relationship was between that
protocol to the customs union Agreement.  The representative of the European Communities
explained that the Protocol on veterinary matters was essentially a supplement to the customs union
Agreement, adding that it called on Andorra to apply cer tain EC veterinary rules, the list of which was
still to be agreed upon within the Joint Committee.WT/REG53/M/3
Page 2
6. The representative of the United States then asked whether a breach of that separate protocol
would result in a breach of the entire customs union Agreement.  His delegation was interested in the
import ban on animals and were curious about the extent to which Andorra had flexibility to remove
that import ban or whether the entire customs union Agreement with the EC would have to be
renegotiated to deal with this ban.  He requested information on which Protocol items were directlylinked to the customs union Agreement and which were  somehow independent of it.  In response, the
representative of the European Communities remarked that usage of the word "breach" was
inappropriate given that the purpose of the Protocol was to allow for Andorra and the EC to conducttrade that had been going on for a long time.  He explained that the context in which the veterinary
Protocol had been developed had been clearly set by the Joint Committee established under the
customs union Agreement to oversee the operation of the Agreement.  Whether that meant in strict
legal terms that the veterinary Protocol was a formal part or a supplement of the customs union, wasuncertain; it could be that in essence, the Joint Co mmittee provided simply an existing forum in which
Andorra and the EC could discuss issues that bore on their common trade.  The representative of the
United States expressed appreciation for the explanations.
7. The Chairman declared that the factual examin ation of this Agreement had been completed
and requested the Secretariat to begin preparing the draft report of that examination.
8. The Committee took note of the comments made.
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