G/AG/W/230  
 
1 February  2023 
(23-0716) Page: 1/4 
Committee on Agriculture  Original: English  
 
THE OPERATION OF THE BALI MINISTERIAL DECISION1 ON TRQ ADMINISTRATION  
COMMUNICATION FROM COSTA RICA  
The following communication, dated 1 Febru ary 2023, is being circulated at the request of Costa  Rica 
 
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1.1.  The Understanding on tariff rate quota administration provisions of agricultural products, as 
defined in article 2 of the Agreement on Agriculture, (WT/MIN(13)/39) (hereinafter known as the 
Bali Decision on TRQ Administration) establishes in paragraph 13 that the review of the operation of 
the Decision shall have as objective " to promote a continuing process of improvement in the 
utilization of tariff rate quotas ". 
1.2.  In the context of the first review of the Bali Decision on TRQ Administration, and as part of the  
recommendations contained in Annex 2 of G/AG/29, Members also recognized " the importance of 
enhanced transparency of TRQ administration and fill rates as well as a timely submission of 
notifications by Members (…)” and instructed to Committee to initiate discussion on harmonization 
of Members ' TRQ notification practices, including for the TRQ fill rates (see paragraph 2a).  
1.3.  During the most recent review exercise initiated in 2022, some Members have noted the need 
to update the information requirements on TR Q administration systems in accordance with  
paragraphs 2 -5 of the Bali Decision on TRQ  Administration  and the Agreement on Import Licensing 
Procedures.  
1.4.  Paragraphs 2 to 5 of the Bali Decision on TRQ Administration establish procedures that may 
require chan ges to a Member's TRQ administration regime. In turn, these changes must be notified 
to the Committee on Agriculture as part of the existing obligations related to MA:1 notifications. 
However, the most recent report prepared by the Secretariat in G/AG/W/18 3/Rev.2 indicates that 
since the approval of the Bali Decision in 2013, out of 68 MA:1 notifications, "only one notification 
made a specific reference to the change in the TRQ administration methods effected pursuant to the 
Bali TRQ Decision " and no questi on since then has made specific reference to compliance with the 
new requirements emanating from the Decision (see paragraph 4.16).  
1.5.  The MA:1 notification format was not updated after the approval of the Bali Decision on TRQs, 
and its current design does n ot explicitly capture the required information. A recent presentation by 
the WTO Secretariat on the Import Licensing notifications also confirmed the difficulty in correlating 
the information on TRQ Administration systems contained in both notifications.  
1.6.  In light of the above, Costa Rica is of the view that MA:1 notifications must be updated 
appropriately and submits the following table and  an amended draft MA:1 notification  format 
(proposed changes highlighted in red)  in the Annex for th e consideration of the Committee on 
Agriculture.
 
1 Understanding of Tariff Rate Quota Administration Provisions of Agricultural Products, as defined in 
Article  2 of the Agreement on Agriculture (WT/MIN(13)/39 -WT/L/914 dated 11 December 2013 )  
  G/AG/W/230  
 
- 2 - COMPARATIVE TABLE ON ADMINISTRATION  AND INFORMATION REQUIREMENTS  
Bali Decision on TRQ 
Administration  
WT/MIN(13)/39 WT/L/914  Agreement on Import Licensing  Procedures  Administration 
requirement  Information requirement  
Paragraph 2:  
As regards the matters referred to in 
paragraph 4(a) of Article 1 of that 
Agreement, as these  agricultural tariff 
quotas are negotiated and scheduled 
commitments, publication of the 
relevant information shall be effect ed 
no later than 90 days prior to the 
opening date of the tariff quota 
concerned. Where applications are 
involved, this shall also be the 
minimum advance date for the  
opening of applications.  Paragraph 4(a)  
The rules and all information concerning procedures for the submission 
of applications, including the eligibility of persons, firms and institutions 
to make such applications, the administrative body(ies) to be 
approached, and the lists of products subject to the licensing requirement 
shall be published, in the sources notified to the Committee on Import 
Licensing provided for in Article 4 (referred to in this Agreement as "the 
Committee"), in such a manner as to enable governments3 and traders 
to become acquainted with them. Such publication shall take place, 
whenever practicable, 21 days prior to the effective date of the 
requirement but in all events not later than such effective date. Any 
exception, derogations or changes in or f rom the rules concerning 
licensing procedures or the list of products subject to import licensing 
shall also be published in the same manner and within the same time 
periods as specified above. Copies of these publications shall also be 
made available to t he Secretariat.   
Publication  date of the 
relevant  information 
concerning procedures for 
the submission of 
applications, including the 
eligibility of persons, firms 
and institutions to make 
such applications, the 
administrative body(ies) to 
be approached, a nd the lists 
of products subject to the 
licensing requirement , shall 
be effected no later than 90 
days prior to the opening 
date of the tariff quota  
concerned.   
- Date of publication of the 
required information.  
- Number of days between the 
publication and  the opening of 
the TRQ concerned.  
Paragraph 3:  
As regards paragraph 6 of Article  1 of 
that Agreement, applicants for 
scheduled tariff quotas shall apply to 
one administrative body only.  Paragraph 6 of Article 1:  
Application procedures and, where applica ble, renewal procedures shall 
be as simple as possible. Applicants shall be allowed a reasonable period 
for the submission of licence applications. Where there is a closing date, 
this period should be at least 21 days with provision for extension in 
circum stances where insufficient applications have been received within 
this period. Applicants shall have to approach only one administrative 
body in connection with an application. Where it is strictly indispensable 
to approach more than one administrative bod y, applicants shall not need 
to approach more than three administrative bodies.   
Applicants to scheduled 
tariff quotas shall apply to  
one administrative  body 
only.  
- Name and number of 
administrative bodies that the 
applicant must approach in 
connection with an application.  
 
3 For the purpose of this Agreement, the term "governments" is deemed to include the competent authorities of the European Comm unities.   
  G/AG/W/230  
 
- 3 - Bali Decision on TRQ 
Administration  
WT/MIN(13)/39 WT/L/914  Agreement on Import Licensing  Procedures  Administration 
requirement  Information requirement  
Paragraph 4:  
As regards the matters referred to in 
paragraph 5(f) of Article 3 of that 
Agreement, the period for processing 
applications shall be, unqualifiedly, no 
longer than 30  days for "as and when 
received" cases and n o longer than 60 
days for "simultaneous" consideration 
cases. The issuance of licences shall, 
therefore, take place no later than the 
effective opening date of the tariff 
quota concerned, except where, for 
the latter category, there has been an 
extension f or applications allowed for 
under Article 1.6 of that Agreement.  
 Paragraph 5(f) of Article 3  
the period for processing applications shall, except when not possible for 
reasons outside the control of the Member, not be longer than 30  days if 
applications are considered as and when received, i.e. on a first -come 
first-served basis, and no longer than 60 days if all applications are 
considered simultaneously. In the latter case, the period for processing 
applications shall be considered to begin on the day following the closing 
date of the announced application period;   
The period  for processing 
applications shall be, 
unqualifiedly,  
 
- no longer than 30 days for 
"as and when  received" 
cases  and no  longer than 60 
days for "simultaneous" 
consideration cases.  
- the issuance  of licences 
shall take place no later 
than the effective opening 
date of the tariff quota  
concerned . 
- for "simultaneous" 
consideration cases   
- Maximum period of time 
allowed for processing 
applications f or "as and when 
received cases".   
- Date (in days) of issuance  of 
licences with respect to the  
opening date of the tariff 
quota  concerned . 
 
- Maximum period of time  
allowed for processing 
applications for "simultaneous" 
consideration cases.  
 
- Date (in days) of issuance  of 
licences with respect to the  
opening date of the tariff 
quota  concerned . 
Paragraph 5:  
As regards Article 3.5(i), licences for 
scheduled tariff quotas shall be issued 
in economic  quantities.  Article 3.5(i)  
when issuing licences, Members shall take into account the desirability of 
issuing licences for products in economic quantities;   
licences for scheduled tariff 
quotas shall be issued in 
economic  quantities   
- Any consideration when 
issuing licenses in economic 
quantities.  
 
   
  G/AG/W/230  
 
- 4 - Table MA:1  
MARKET ACCESS: NAME OF MEMBER  
REPORTING PERIOD: CALENDAR YEAR, MARKETING YEAR, ETC.  
Implementation of market access opportunities: tariff and other quota commitments  
Description of products  Tariff item number(s) 
encompassed in 
product description  Description of import arrangement applicable  
(from Section I -B (or  I-A) of Part I of the 
Schedule)   
1 2 3 
  Description of the arrangements to be applied in order to provide the market access opportunities specified in the Member's 
Schedule, including, as appropriate:  
  (a) allocation of quotas to supplying countries, including: (i) details of basis for determining the allocation 
(e.g. representative period or "other terms and conditions" as specified in Part I, Section I of Schedules); (ii) any 
limitation on the period of access;  
  (b) allocation of licenses or of access to quotas to importers, includi ng details of: (i) Name (and number) of 
Government agency, trading or administrative body competent to grant licenses or access to quotas, including 
those which have formally, or in effect, exclusive or special privileges , that the applicant must approach in 
connection with an application ; (ii) any limitations on eligibility of applicants; (iii) how licenses or access are to 
be allocated by the competent agency (e.g. first -come -first-served, pro rata); (iv) any limitations on the period 
of validity or use o f the licenses granted;  v) any consideration of issuing licenses in economic quantities;  
  (c) details of other arrangements (not involving import licenses) under which access to quotas is to be administered;  
  (d) any other information relevant to the implementation of market access opportunities under such arrangements , 
including: (i) date of annual publication of TRQ administration procedures (e.g.  applications process); (ii) type of 
application processing (e.g. on "as and when received" or "simul taneous" consideration basis); (iii) maximum 
processing time for applications.  
 
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