WT/REG333/1  
19 January 2015  
(15-0350)  Page: 1/79  
Committee on Regional Trade Agreements   
 
 FACTUAL PRESENTATION 
TRADE AGREEMENT BETWEEN THE EUROPEAN UN ION AND ITS MEMBER STATES, OF THE ONE 
PART AND COLOMBIA AND PERU, OF THE OTHER  
(GOODS AND SERVICES) 
Report by the Secretariat 
This report, prepared for the consideration of the Trade Agreement between the 
European Union and its Member States, of the one Part and Colombia and Peru of the 
other, has been drawn up by the WTO Secret ariat on its own responsibility and in full 
consultation with the Parties. The factual presentation reproduces as closely as possible the terminology used in the Agreement and in the comments provided and 
does not imply official endorsement or acceptance by the Secretariat of such 
terminology. The report has been drawn up in accordance with the rules and procedures contained in the Decision for a Transparency Mechanism for Regional 
Trade Agreements (WT/L/671) and thus does not imply any value judgement by the 
Secretariat regarding the contents of the Agreement. 
Any technical questions arising from this report may be addressed to 
Mr Jean-Daniel Rey (tel: +41 22 739 5264). Any statistical questions arising from this 
report may be addressed to Ms Rowena Cabos (+41 22 739 5185) or to Ms Alejandra Barajas Barbosa (+41 22 739 6425). WT/REG333/1 
 
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  TABLE OF CONTENTS 
 
Page 
1   TRADE ENVIRONMENT ................................................................................................. 5  
1.1   Merchand ise trade ..................................................................................................... 5  
1.2   Trade in servic es and inve stment ................................................................................. 8  
2   CHARACTERISTIC ELEMEN TS OF THE AG REEMENT .................................................... 11  
2.1   Background  Information ............................................................................................ 11 
2.2   Structure of the Agreement ........................................................................................ 11 
3   PROVISIONS ON TRADE IN GOODS ........................................................................... 13  
3.1   Import duties and charges,  and quantitative  restrict ions ................................................ 13 
3.1.1   Genera l provisions ................................................................................................. 13 
3.1.2   Liberalization of  trade and ta riff lines ........................................................................ 13 
3.1.3   Liberaliza tion schedules .......................................................................................... 14 
3.1.3.1   European Union .................................................................................................. 14 
3.1.3.2   Colombia ........................................................................................................... 17 
3.1.3.3   Peru .................................................................................................................. 19 
3.1.4   Tariff rate quotas ................................................................................................... 22 
3.2   Rules of origin .......................................................................................................... 22 
3.3   Export duties and charges,  and quantitative  restrictions ................................................. 24 
3.4   Regulatory provisions on trade in goods ....................................................................... 24 
3.4.1   Standards ............................................................................................................. 24 
3.4.1.1   Sanitary and phytosanitary measures (SPS) ............................................................ 24 
3.4.1.2   Technical ba rriers to tr ade (TBT) ........................................................................... 25 
3.4.2   Safeguard mechanisms ........................................................................................... 26 
3.4.2.1   Global safeguards ............................................................................................... 26 
3.4.2.2   Bilateral safeguards ............................................................................................. 26 
3.4.2.3   Special safeguards on agricultural products ............................................................. 27 
3.4.2.4   Safeguard measures related to  balance of payment (BOP) difficulties ......................... 27 
3.4.3   Anti-dumping and countervailing measures ............................................................... 27 
3.4.4   Subsidie s and State-aid .......................................................................................... 28 
3.4.5   Customs-re lated procedures .................................................................................... 28 
3.4.6   Other regulations ................................................................................................... 29 
3.4.6.1   State Tr ading Ente rprises ..................................................................................... 29 
3.5   Sector-specific provis ions on trad e in goods ................................................................. 29 
3.5.1   Agricultural goods .................................................................................................. 29 
4   PROVISIONS ON TRADE IN SERVICES ....................................................................... 29  
4.1   Scope and definitions ................................................................................................ 29 
4.2   Denial of benefits ..................................................................................................... 30 
4.3   General provisions on trade in services ........................................................................ 30 
4.3.1   National treatment and MFN .................................................................................... 30 WT/REG333/1 
 
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  4.3.2   Mark et acce ss ....................................................................................................... 30 
4.3.3   Commercial presence ............................................................................................. 30 
4.3.4   Performanc e requirements ...................................................................................... 31 
4.3.5   Movement of  natural persons .................................................................................. 31 
4.4   Liberalization commitments ........................................................................................ 32 
4.4.1   The European Union ............................................................................................... 32 
4.4.1.1   Sector sp ecific commitments ................................................................................ 32 
4.4.2   Colombia ..............................................................................................................  36 
4.4.2.1   Sector sp ecific commitments ................................................................................ 36 
4.4.3   Peru .................................................................................................................. .. 40 
4.4.3.1   Sector sp ecific commitments ................................................................................ 40 
4.5   Regulatory provisions ................................................................................................ 43 
4.5.1   Domestic regulation ............................................................................................... 43 
4.5.2   Recognition ........................................................................................................... 44 
4.5.3   Subsidies .............................................................................................................. 44 
4.5.4   Safeguards ........................................................................................................... 44 
4.5.5   Other ................................................................................................................. .. 44 
4.5.5.1   In vestment ........................................................................................................ 44 
4.5.5.2   Monopolies and ex clusive servic e suppliers ............................................................. 44 
4.5.5.3   Transfers and payments ....................................................................................... 44 
4.5.5.4   Tr ansparen cy ..................................................................................................... 44 
4.6   Sector specific provis ions on trade in services ............................................................... 45 
4.6.1   Comput er services ................................................................................................. 45 
4.6.2   Postal and courier se rvices ...................................................................................... 45 
4.6.3   Telecommunications services ................................................................................... 45 
4.6.4   Financial services ................................................................................................... 45 
4.6.5   International mari time transpor t services .................................................................. 45 
4.6.6   Electr onic commerce .............................................................................................. 46 
5   GENERAL PROVISIONS  OF THE AGREEMENT ............................................................. 46  
5.1   Tran sparency ........................................................................................................... 46 
5.2   Current payments and capital movements .................................................................... 46 
5.3   Exceptions ............................................................................................................... 47 
5.3.1   Genera l exceptions ................................................................................................ 47 
5.3.2   Security exceptions ................................................................................................ 47 
5.3.3   Ta xation  .............................................................................................................. . 47 
5.4   Accession and Withdrawal .......................................................................................... 48 
5.5   Government  procurement .......................................................................................... 48 
5.6   Intellectual property rights ......................................................................................... 49 
5.7   Ot hers .................................................................................................................. .. 51 
5.7.1   Environment and labour .......................................................................................... 51 WT/REG333/1 
 
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  5.7.2   Competition policy ................................................................................................. 52 
5.7.3   Technical assistance and trade-capaci ty building ........................................................ 53 
5.8   Disput e settlement ................................................................................................... 53 
5.9   Institutio nal framework ............................................................................................. 55 
5.10   Relationship with other agr eements concluded by the Parties ........................................ 57 
ANNEX 1 ....................................................................................................................... . 60 
ANNEX 2 ....................................................................................................................... . 68 
ANNEX 3 ....................................................................................................................... . 72 
 WT/REG333/1 
 
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Key Facts 
 
Parties to the Agreement:  European Union and its Member States, Colombia and 
Peru 
Date of Signature:   26 June 2012 
Date of Entry into Force:  
 
 
Date of Notification:      EU – Peru;           26 February 2013       
                                            EU – Colombia:    29 November 2013 
Full implementation:   
Goods 
EU - Peru:   1 March 2030 
EU - Colombia:  1 August 2028  
Services 
EU - Peru:   1 March 2013 
EU - Colombia:  1 August 2013  
1  TRADE ENVIRONMENT1 
1.1.  The Trade Agreement between the European Union and its Member States (hereinafter the 
EU), on the one part and Colombia and Peru, of the other, (hereinafter referred to as the 
Agreement) is the EU's 33rd, Colombia's 10th and Peru's 17th regional trade agreement (RTA)2. 
1.2.  In 2012, with a population  of 504 million, the EU's GDP was estimated at US$16,604 billion, 
while that of Colombia, with a population of 47.7 million, and of Peru, with a population of 
30 million, and was estimated respectively at US$370 billion and US$197 billion. The EU mainly 
traded manufactured products (representing 79% of the EU's exports and 54% of imports). Colombia and Peru mainly exported fuels and mining products (representing 67% of Colombia's exports and 50% of Peru's exports), and main ly imported manufactured products (76% of 
Colombia's imports, and 73% of Peru's imports). Averaged over the period 2010-2012, the Parties' 
trade (goods and services) to GDP ratio was 33.8 for the EU, 35.1 for Colombia and 50.5 for Peru. 
1.1  Merchandise trade 
1.3.  In 2012, the EU's shares in total wo rld exports and imports were 14.7% and 15.4% 
respectively, while those for Colombia were 0.33% for exports and 0.32% for imports and 0.25% for exports and 0.23% for imports for Peru. With  total merchandise exports of US$2,167 billion 
and imports of US$2,301 billion, the EU was the worl d largest global exporter and second largest 
importer, while Colombia ranked 39
th largest exporter and 32nd largest importer (with exports of 
US$60.3 billion and imports of US$59 billion), and Peru ranked 43rd largest exporter and 41st 
largest importer (with exports of US$45. 6 billion and imports of US$42.5 billion). 
1.4.  In 2012, the EU was Colombia and Peru's 3rd largest source of imports3, and Colombia's 2nd 
and Peru's 1st largest destination for exports4. Colombia was the EU's 42nd largest source of 
                                               
1 Source for this section: WTO Trade Profiles 2013 (2012 data). Export figures are calculated f.o.b. and 
import figures are calculated c.i.f. Ranking in world trade excluding intra-EU trade. For bilateral trade, the figures are based on UNSD Comtrade. 
2 Agreements in goods and services counted as one an d only agreements in forc e, notified to the WTO. 
3 In 2012, the five top sources of imports for Colombia were: the US (24.3%); China (16.5%); the 
EU(27) (12.6%); Mexico (10.9%); and Brazil (4.8%). The five top sources of imports for Peru were: the US (19%); China (18.5%); the EU(27) (11. 9%); Brazil (6.1%); and Ecuador (4.8%). EU - Peru:   1 March 2013 
EU - Colombia:  1 August 2013  WT/REG333/1 
 
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  imports5 and 47th largest export6, while Peru was the EU's 45th largest source of imports and 
90th destination for exports. 
1.5.  Developments in global and intra-Party trad e are presented in Charts 1.1. and 1.2 over the 
period 2000-2013. The EU's trade deficit with both partners and especially with Peru widened 
during this period. The EU also maintained a global  deficit for much of the period, while Colombia's 
trade has been in balance and Peru has shown a steady surplus in its trade balance for most of the 
period.  
Chart 1.1 European Union and Colombia: bilateral and total merchandise trade 
0.01.22.43.64.86.07.28.49.610.812.0
02004006008001,0001,2001,4001,6001,8002,000
2000
200120022003
2004
20052006200720082009
2010
201120122013A. European Union 2000-2013
(EUR$ Billions)
Imports from Colombia (Right Axis)
Exports to Colombia (Right Axis)
Total Imports
Total Exports
0.000.801.602.403.204.004.805.606.407.208.00
05101520253035404550
2000
2001200220032004200520062007
2008
2009201020112012B. Colombia 2000-2012 
(EUR$ Billions)
Imports from EU (Right Axis)
Exports to EU (Right Axis)
Total Imports
Total Exports
 
Note:  European Union covers data from EU (15) from 2000-2003, EU (25) from 2004-2006 and EU (27) 
from 2007-2012. Trade flows excludes intra-EU trade.  
Source: EUROSTAT and UNSD  Comtrade database.  
Chart 1.2 European Union and Peru: bilateral and total merchandise trade, 2000-2012   
0.001.002.003.004.005.006.007.008.009.0010.00
02004006008001,0001,2001,4001,6001,8002,000
2000
2001200220032004
2005
2006200720082009
2010
201120122013A. European Union 2000-2013
(EUR$ Billions)
Imports from Peru (Right Axis)
Exports to Peru (Right Axis)
Total Imports
Total Exports
0.001.002.003.004.005.006.007.008.009.0010.00
0481216202428323640
2000
20012002
2003
2004
2005
20062007
2008
20092010
2011
2012B. Peru 2000-2012 
(EUR$ Billions)
Imports from Peru (Right Axis)
Exports to Peru (Right Axis)
Total Imports
Total Exports
 
Note:  European Union covers data from EU (15) from 2000-2003, EU (25) from 2004-2006 and EU (27) 
from 2007-2012. Trade flows excludes intra-EU trade.   
Source: EUROSTAT and UNSD Comtrade database. 
                                                                                                                                               
4 In 2012, the five top destinations for Colombian exports were: the US (36.9%); the EU(27) (15.1%); 
China (5.6%); Panama (4.8%); Venezuela (4.3%). The five top destinations for Peruvian exports were: the EU(27) (17.1%); China (17.1%); the US (14. 2%); Switzerland (11%);  and Canada (7.5%). 
5 In 2012, the five top sources of imports for the EU(28) were: China (16.5%); Russia (12.2%); the 
US (11.6%); Switzerland (5 .6%); and Norway (5.3%). 
6 In 2012, the five top destinations for the EU(28)'s exports were: Switzerland (16.5%); Russia (9.7%); 
the US (8.5%); China (6.9%); and Norway (4.5%).  WT/REG333/1 
 
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  1.6.  The commodity structure of trade between Colombia and the EU, between Peru and the EU, 
and between each Party and the world, during th e period 2010-2012, is shown in Charts 1.3 and 
1.4, on the basis of Harmonized System (HS) Sections.  
1.7.  With regard to bilateral trade relati ons between Colombia and the EU, machinery and 
chemicals together accounted for 51% of Colombia's imports from the EU (26% for machinery and 
25% for chemicals), while machinery represented 24% and chemicals 14% of Colombia's global imports. Machinery was the EU's largest global export sector (27%), while chemicals ranked 2
nd 
(representing 15% of the EU's global exports). Ve hicles, Colombia's third largest import from the 
EU (22% of Colombia's imports from the EU), accounted for 16% of Colombia's global imports and represented 55% of the EU's global exports. These figures tend to show that Colombia's profile of 
imports from the EU is representative of both Colo mbia's global import profile and the EU's global 
export profile. In the case of the EU, minerals, its largest import from Colombia (representing 63% 
of the EU's imports from Colombia) is also the EU's largest global import (30% of the EU's global imports). This sector also corresponds to Colombia's largest global export sector (63%).  
Chart 1.3 Colombia and European Union (27) Product Composition of merchandise trade, 
annual average (2010-2012) 
6386443327Colombia's Global Exports(%)
30
2186654333227EU's Global Imports(%)
63205210EU's imports from Colombia (%)27
15
15775444211EU's Global Exports (%)
24
16
1488654439Colombia's Global Imports (%)
26
25 22555327Colombia's imports from the EU(%) 
Total: € 5.1 billion Total: €38.4 billion
Total: € 1686 billion Total: € 39.3 billionTotal:  € 1537 billion
Total:  € 6.7 billion
Vegetables
Prepared foods
MineralsChemicals
Plastics, rubber
Wood pulpPrecious 
Stones
Base MetalsVehiclesOtherMiscellaneous Machinery Textiles
Optical
 
Source: UNSD Comtrade. 
1.8.  Like between the EU and Colombia, machin ery and chemicals together accounted for 58% of 
Peru's imports from the EU (43% for mach inery and 15% for chemicals), but machinery 
represented 25% and chemicals 10% of Peru's global imports. Base metals, Peru's third largest 
i m p o r t  f r o m  t h e  E U  ( 1 0 %  o f  P e r u ' s  i m p o r t s  f r o m  the EU), accounted for 9% of Peru's global 
imports and represented only 7% of the EU's global  exports. In the case of the EU, minerals, its WT/REG333/1 
 
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  largest import from Peru (representing 43% of the EU's imports from Peru) is also the EU's largest 
global import and corresponds to Peru's second largest global export sector (15%).  
Chart 1.4 Peru and European Union (27): Pr oduct Composition of merchandise trade, 
annual average (2010-2012) 
25
15
11 109744429Peru's Global Exports(%)
30
2186654333227EU's Global Imports(%)
43
1914933223EU's imports from Peru (%)27
15
15775444211EU's Global Exports (%)
25
15
11 109744429Peru's Global Imports (%)
43
1510954438Peru's imports from the EU (%) 
Total: € 3.0 billion Total: € 27.6 billion
Total: € 1,686 billion Total: € 27.6 billionTotal:  € 1,537 billion
Total:  € 6.0 million
Animal products
Vegetables
Prepared foodsMinerals
Chemicals
Plastics, rubberWood pulp
Precious 
StonesBase Metals
VehiclesOtherMiscellaneous Machinery TextilesOptical
 
Source:  UNSD Comtrade. 
1.2  Trade in services and investment 
1.9.  In 2012, the EU's shares of total commercial services exports and imports were 24.8% and 
20.13% respectively, while Colombia's and Peru's shares were 0.12% and 0.11% of world imports of services and 0.25% and 0.17% of world export s of services. With total commercial services 
exports of US$831 billion, and imports of US$651 bi llion, the EU was the world's largest exporter 
and largest importer of commercial services. Colombia's and Peru's shares in global trade are of the same magnitude, Colombia was the 47
th largest exporter (U S$5.1 billion) and 43rd largest 
importer (US$10.4 billion), while Peru was the 48th largest exporter (US$4.9 billion) and 46th 
largest importer (US$7.2 billion). 
1.10.  Charts 1.5-1.7 below show global trade in commercial services for Colombia, for Peru and 
for the EU (all based on data for the period 2000-2012).While Colombia and Peru experienced a 
deficit and their global trade in services, the balance for the EU is positive, with a volume of trade 
one hundred times bigger than for Peru and fifty times bigger than for Colombia. For all the Parties, trade in services has grown during the period, though for Colombia and, to a certain 
extent, for Peru the trade volume momentarily slowed down in 2004. The 2008-2009 financial 
crisis also had a negative, but temporary, impact on trade growth for all the Parties. Travel and WT/REG333/1 
 
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  transportation services account for a large share of services traded by all the Parties with other 
business services important exports and imports for the EU. 
Chart 1.5 Colombia: Trade in commercial services with the world, 2000-2012 
0.001.002.003.004.005.006.007.008.009.0010.00
0.001.002.003.004.005.006.007.008.009.0010.00
2000 2002 2004 2006 2008 2010 2012B. Colombia: Imports 
(EUR Billion) 
0.000.501.001.502.002.503.003.504.004.50
0.000.501.001.502.002.503.003.504.004.50
2000 2002 2004 2006 2008 2010 2012A. Colombia: Exports 
(EUR Billion) 
Transportation services
Travel
Communications services
ConstructionFinancial services
Computer and information 
servicesRoyalties and license fees
Other business services
Personal, cultural and recreational servicesInsurance services
 
Note: Data on Other business services for 2000-2005 and 2007, may include more categories than the 
international agreed definition.  
Source: WTO-iTip database and Central Bank of Colombia (Banco de la República). 
Chart 1.6 Peru: Trade in commercial services with the world, 2000-2012  
0.000.501.001.502.002.503.003.504.004.505.00
0.000.501.001.502.002.503.003.504.004.505.00
2000 2002 2004 2006 2008 2010 2012B. Peru: Imports 
(EUR Billion) 
0.000.501.001.502.002.503.003.504.004.50
0.000.501.001.502.002.503.003.504.004.50
2000 2002 2004 2006 2008 2010 2012A. Peru: Exports 
(EUR Billion) 
Transportation services
Travel
Communications services
ConstructionFinancial services
Computer and information 
servicesRoyalties and license fees
Other business services
Personal, cultural and recreational servicesInsurance services
 
Note: Data on Other business services for 2000-2006 may include more categories than the international 
agreed definition.  
Source: WTO-iTip database.  
 WT/REG333/1 
 
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  Chart 1.7 European Union: Trade in comme rcial services with the world, 2000-2012 
050100150200250300350400450500
050100150200250300350400450500
2000 2002 2004 2006 2008 2010 2012B. European Union: Imports 
(EUR Billion) 
070140210280350420490560630700
070140210280350420490560630700
2000 2002 2004 2006 2008 2010 2012A. European Union: Exports 
(EUR Billion) 
Transportation services
Travel
Communications services
ConstructionFinancial services
Computer and information servicesRoyalties and license fees
Other business services
Personal, cultural and recreational servicesInsurance services
 
Note:  European Union covers data from EU (15) from 2000-2003, EU (25) from 2004-2006 and EU (27) 
from 2007-2012. Trade flows excludes intra-EU trade.  
Source: EUROSTAT. 
1.11.  Chart 1.8 below depicts each Party's foreign direct investment stock with the world which 
has grown steadily during the period 2000-2012. Whil e the EU is a net investor in the world, both 
Colombia and Peru are net recipients of FDI. 
Chart 1.8 Colombia, Peru and the European Un ion: Foreign direct in vestment stock with 
the world, 2000-2012 
0.010.020.030.040.050.060.070.080.090.0100.0
0.010.020.030.040.050.060.070.080.090.0100.0
2000 2002 2004 2006 2008 2010 2012A. Colombia
(EUR Billion) 
Inward
Outward
0.01.02.03.04.05.06.07.08.09.010.0
0.05.010.015.020.025.030.035.040.045.050.0
2000 2002 2004 2006 2008 2010 2012B. Peru
(EUR Billion) 
Inward
Outward (Right Axis)
06001,2001,8002,4003,0003,6004,2004,8005,4006,000
06001,2001,8002,4003,0003,6004,2004,8005,4006,000
2000 2002 2004 2006 2008 2010 2012C. European Union
(EUR Billion) 
Inward
Outward
 
Note: European Union covers data from EU (15) from 2000-2003, EU (25) from 2004-2006 and EU (27) 
from 2007-2012. Trade flows excludes intra-EU trade. WT/REG333/1 
 
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  2  CHARACTERISTIC ELEMENTS OF THE AGREEMENT 
2.1  Background Information 2.1.  The Agreement was signed on 26 June 2012 an d started its application, for the EU and Peru, 
on 1 March 2013, and, for the EU and Colombia, on 1 August 2013. The Parties notified the goods 
and services aspects of the Agreement to the WT O on 26 February 2013, for the EU and Peru, in 
document WT/REG333/N/1/Rev.1 - S/C/N/681/Rev.1, and on 29 November 2013, for the EU and Colombia, in documents WT/REG333/N/1 - S/C/N/681 and WT/REG333/N/2 - 
S/C/N/681/Rev.1/Add.1. The notification was made pursuant to Article XXIV:7(a) of GATT 1994 for 
goods, and to Article V:7(a) of GATS for services. The text of the Agreement, together with its annexes, is available on the Parties' official websites: 
European Union : 
http://eur-lex.europa.eu/JOHtml.do?uri=OJ:L:2012:354:SOM:EN:HTML 
http://trade.ec.europa.eu/doclib/press/index.cfm?id=691   
  
Colombia : 
http://www.tlc.gov.co/publicaciones.php?id=4603 
 
Peru: 
http://www.acuerdoscomerciales.go b.pe/index.php?option=com_content&view=category&layout=
blog&id=52&Itemid=75 
 
2.2.  According to Article 3, the Agreement establishes a free trade area consistent with 
Article XXIV of the GATT 1994 and Article V of the GATS. 
2.3.  While the provisions of the Agreement appl y to the bilateral trade and economic relations 
between, on the one part, the EU (and its Memb er States within their respective areas of 
competence), and, on the other, Colombia and Pe ru, they do not apply to the trade and economic 
relations between Colombia and Peru, as individual signatory Andean Countries. The rights and 
obligations established by the Parties in the Agreement shall not affect the rights and obligations 
between the signatory Andean Countries as Member Countries of the Andean Community (Article 7). 
2.4.  The Agreement was negotiated and signed at a time the EU had 27 Member States. It was 
applied between the EU and Peru before, and between the EU and Colombia shortly after, Croatia's 
accession to the EU, on 1 July 2013. As per Articl e 6 of the Act concerning Croatia's accession, all 
RTAs concluded by the EU become binding on Croa tia as from 1 July 2013. Pending the conclusion 
of a Protocol to the Agreement, Croatia would a pply the provisions of the Agreement, with the 
necessary adjustments. The relevant Protocol has been agreed between the Parties and is undergoing the respective internal procedures for its approval. The Protocol integrates the relevant 
new language versions of administrative remark s contained in Annex II to the Trade Agreement 
(Annex on the Rules of Origin) and adds the commitments of Croatia for trade in services, establishments and electronic commerce, as well as for government procurement.  
2.2  Structure of the Agreement 
2.5.   The Agreement is composed of 14 Titles and related annexes, as well as Appendices and the 
Parties' tariff elimination schedules, lists of commitments on establishment and cross-border supply of services, and reservations on temporary presence of natural persons for business 
purposes. Box 2.1 below summarizes the structure of the Agreement.  
Box 2.1 Structure of the Agreement 
Chapters, Annexes, 
and Appendixes Title/description 
Preamble  
Title I Initial provisions WT/REG333/1 
 
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  Title II Institutional provisions 
Title III Trade in goods 
Chapter 1 Market access for goods 
Chapter 2 Trade remedies 
Chapter 3 Customs and trade facilitation 
Chapter 4 Technical barriers to trade 
Chapter 5 Sanitary and Phytosanitary measures 
Chapter 6 Movement of goods 
Chapter 7 Exceptions 
Title IV Trade in services, establishment and electronic commerce 
Chapter 1 General provisions 
Chapter 2 Establishment 
Chapter 3 Cross-border supply services 
Chapter 4 Temporary presence of natural persons for business purposes 
Chapter 5 Regulatory framework 
Chapter 6 Electronic commerce 
Chapter 7 Exceptions 
Title V Current payments and movement of capital 
Title VI Government procurement 
Title VII Intellectual property 
Title VIII Competition 
Title IX Trade and sustainable development 
Title X Transparency and administrative proceedings 
Title XI General exceptions 
Title XII Dispute settlement 
Title XIII Technical assistance and trade-capacity building 
Title XIV Final provisions 
Annex I Tariff elimination Schedules 
Annex II Concerning the definition of the concept of "originating products" and methods for 
administrative cooperation 
Annex III Special provisions on administrative cooperation 
Annex IV Agricultural safeguard measures 
Annex V Mutual administrative assistance in customs matters 
Annex VI Sanitary and phytosanitary measures 
Annex VII Lists of commitments on establishment 
Annex VIII Lists of commitments on cross-border supply of services 
Annex IX Reservations regarding temporary presence of natural persons for business purposes 
Annex X Enquiry points regarding trade in services, establishment and electronic commerce 
Annex XI Understanding concerning subparagraph (b) of the definition of "services supplied in the 
exercise of governmental authority" (Art. 152 of the Agreement) 
Annex XII Government procurement 
Annex XIII Lists of geographical indications 
Annex XIV Mediation mechanism for non-tariff measures 
Source: WTO Secretariat based on the Agreement. WT/REG333/1 
 
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  3  PROVISIONS ON TRADE IN GOODS 
3.1.  Title III of the Agreement contains disciplin es applicable specifically to trade in goods. 
3.1  Import duties and charges,  and quantitative restrictions 
3.1.1  General provisions 
3.2.  The Parties agree to apply national treatment to each other's' imports in accordance with 
Article III of GATT 1994 and its interpretative notes,  which are incorporated into and made part of 
the Agreement, mutatis mutandis (Article 21). 
3.3.  No Party shall adopt or maintain any prohibition or restriction on the import of any good of 
another Party, except as provided in the Agreement or in accordance with Article XI of GATT 1994, which is, together with its interpretative notes, incorporated into and made part of the Agreement mutatis mutandis (Article 23). 
3.4.  On the treatment of fees and charges, the Agreement replicat es the provisions of Article VIII 
of GATT 1994 and states that no Party shall require consular transactions, including related fees and charges, in connection with the importation of any goods of another Party (Article 24). 
Information on all import and export fees and char ges shall be made available, preferably on the 
internet. For the EU this the relevant customs authorities either publish this information online on their websites or make it available through printed publicly available notices.  For Peru, the 
information on import and export fees and charges is available on http://www.sunat.gob.pe/ . In 
the case of Colombia, the information about the import and export fees and charges is available on 
http://www.dian.gov.co . 
3.5.  The Agreement prohibits the use of measures that are inconsistent with the WTO Agreement 
on import licensing procedures, which is incorporated into and made part of the Agreement 
(Article 26). 
3.1.2  Liberalization of trade and tariff lines 
3.6.  The Parties' tariff elimination commitments are scheduled in Annex I to the Agreement. No 
Party may increase any customs duty set as the base rate in Annex I or adopt any new customs duty on a good originating in another Party.  
3.7.  In relation to agricultural goods, the Agreement authorizes Colombia and Peru to apply their 
Price Band Systems (Article 30). In the case of Colombia, the provision refers to the application of the Andean Price Band System (Price stabilizat ion mechanism – MEP) established in Decision 371 
of the Andean Community and its modifications, or subsequent systems for agricultural goods 
covered by such Decision
7. In the case of Peru, this concerns the application of the Peruvian Price 
Band System (SPFP) established in the Supreme Decree 115-2001-EF and its modifications, or subsequent systems for agricultural goods covered by such Supreme Decree
8.  
3.8.  Upon request of a Party, the Parties shall consult to consider accelerating and broadening the 
scope of the duty elimination programme (Article 22). 
                                               
7 The system operates by establishing a floor price (or lower band) and a ceilin g price (or higher band). 
When the international price is below the floor price, a special import duty is imposed, but when total import costs exceed the higher limit, a tariff reduction is grante d. The customs duties applicable to products subject to 
the price stabilization mechan ism are composed of a fixed ad valorem  component (subject or not to the 
liberalization programme established by the Agreement) and a variable ad valorem  component. Annex II to the 
factual presentation summarizes the covera ge of Price Band Systems for Colombia. 
8 Under the SPFP, a product is subject to a specific custom duty in addition to its ad-valorem customs 
duty if a CIF reference, price is lower than a "floor" pric e. A tariff reduction can also apply if the CIF (reference) 
price is higher than a "ceiling" pric e. The customs duties applicable to products subject to the price band 
system are composed of a fixed ad valorem  component (subject or not to the liberalization programme 
established by the Agreement) and a variable specif ic component. Annex II to the factual presentation 
summarizes the coverage of Pr ice Band System for Peru. WT/REG333/1 
 
- 14 - 
 
  3.1.3  Liberalization schedules 
3.9.  Annex I to the Agreement (Tariff elimination schedules) is divided in two parts (Appendices 1 
and 2).  
3.10.  The first Appendix contains the modalities agreed by the Parties in relation to the 
elimination of customs duties.  
3.11.  The second Appendix registers the EU's conventional rates of duty, including seasonal 
duties, for products from HS Chapters 07 (vegetables), 08 (Fruits and nuts), 209 (preparations of 
vegetables, fruits and nuts), and 2210 (beverages, spirits and vinegar), in connection with its Entry 
Price System11 (Article 31). Section A of Appendix 2 lists the products and entry prices applied by 
the EU to products from Colombia, while Section B registers the products and entry prices applied by the EU to products from Peru.  
3.1.3.1  European Union 
3.12.  The EU's applied tariff in 2013 consisted of 9,720 lines at the HS eight-digit level (HS 2007). 
89.8% of the tariffs was ad valorem  and 991 lines had non- ad valorem  tariffs
12. Before the entry 
into force of the Agreement, 2,453 lines were du ty free, representing 25.2% of the EU's total 
tariff. Table 3.1 shows tariff elimination commi tments by the EU under the Agreement.  
3.13.  Regarding the EU's relations with Colomb ia, the number of the EU's MFN duty free lines 
corresponded to 77.9% of its imports from Colombia during 2010-2012. Following the entry into 
force of the Agreement, an additional 6,714 lines (69.1% of the EU's tariff) became duty-free for 
imports from Colombia. As a result, 94.3% of the EU's tariff was duty free for imports from 
Colombia (in 2013), corresponding to 87.5% of imports by value from Colombia. By the end of the 
implementation period, ten years after the entry into force of the Agreement (in 2023), 
9,315 tariff lines, corresponding to 95.8% of its tariff or 87.5% of its imports from Colombia will be duty free. 405 tariff lines (corresponding to 4.2% of the EU's tariff)  will remain dutiable, 
representing 12.5% of its imports from Colombia.  
3.14.  Regarding the EU's relations with Peru , the number of the EU's MFN duty free lines 
corresponded to 78.5% of its imports from Peru during 2010-2012. Following the entry into force 
of the Agreement, an additional 6,766 lines (69. 6% of the EU's tariff) became duty-free for 
imports from Peru. As a result, 94.8% of the EU's tariff was duty free for imports from Peru (in 2013), corresponding to 97.3% of imports by valu e from Peru. By the end of the implementation 
period, ten years after the entry into force of the Agreement (in 2023), 9,424 tariff lines, 
corresponding to 97% of its tariff or 97.3% of its imports from Peru will be duty free. 296 tariff 
lines (corresponding to 3% of the EU's tariff) will  remain dutiable, representing 2.7% of the EU's 
imports from Peru.  
Table 3.1 European Union: Tariff elimin ation commitments under the Agreement and 
corresponding average trade 
Period Commitments applied by the European Union to: 
No. of lines % 
of lines Value of Imports 
(2010-2012)  
(in million EUR) % of Total imports 
Colombia Peru Colombia  Peru Colombia Peru Colombia Peru 
MFN Duty Free 
(2013) 2,453 2,453 25.2 25.2 5,935.3 5,657.9  77.9 78.5 
2013 6,714 6,766 69.1 69.6 730.6 1,353.6 9.6 18.8 
2016 32 19 0.3 0.2 1.6 0.2 0.0 0.0 
                                               
9 Only in the case of EU's Entry Pr ice System applicable to Colombia.  
10 Only in the case of EU's Entry Pr ice System applicable to Colombia.  
11 The EU Entry Price System is established by Commission Regulation (EC) No 1580/2207 of 
21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 
and (EC) No 1182/2007 in the fruit and vegetable sector and its modifications or subsequent systems. 
12 636 lines were specific, 196 consisted in compound duties, 72 were mixed, and 87 were classified as 
other duties. WT/REG333/1 
 
- 15 - 
 
  Period Commitments applied by the European Union to: 
No. of lines % 
of lines Value of Imports 
(2010-2012)  
(in million EUR) % of Total imports 
Colombia Peru Colombia  Peru Colombia Peru Colombia Peru 
2018 39 19 0.4 0.2 0.2 0.5 0.0 0.0 
2020 62 146 0.6 1.5 0.0 0.0 0.0 0.0 
2023 15 21 0.2 0.2 0.0 0.0 0.0 0.0 
Remain Dutiable 405 296 4.2 3.0 955.4 196.9 12.5 2.7 
Total 9,720 9,720 100.0 100.0 7,623.1 7,209.0  100.0 100.0 
Note:  For tariff lines subject to TRQs, only the out-of-quota duty is included in the tariff-related 
calculations; for the calculation of averag es, specific rates are excluded and the ad valorem  parts of 
alternate rates are included.   Based on HS 2007 nomenclature.  
Source: WTO estimates based on data provided by the European Union and WTO-IDB database.  
3.15.  Table 3.2 shows the EU's tariff elimination, by HS section with regard to Colombia and Peru.  
3.16.  In relation to Colombia, the 405 lines that will remain subject to duties once implementation 
is completed are found in sections I (live animals), II (vegetables), IV (prepared food) and VI (chemicals), with final average tariffs at between 8.5% and 12%, equal to the MFN applied 
rate, as illustrated by Chart 3.1 below.
13 For HS Chapters 8, 10, 11, 18 through 22, and 33 only 
the specific duty will remain. In the case of HS Chapters 7 and 17, the average of the preferential 
rates is higher than the MFN rate because the ad valorem  component is liberalized in the 
preferential duties only for some of the lines under  these Chapters. This is illustrated in Chart 3.1 
(part a) below. 
3.17.  In relation to Peru, the 296 lines that will remain subject to duties once implementation is 
completed are found in sections I (live animals), II (vegetables), IV (prepared food) and 
VI (chemicals), with final average tariffs at between 8.4% and 13.3% and, for vegetables, with 
specific duties only remaining. For HS Sections 2, 16, 29 and 35 the remaining duties are equal to the MFN applied rate. For the other HS Sections where duties remain, the ad valorem  part of the 
duty is removed while the non-ad valorem  part is either the MFN applied level or has a preferential 
margin. This is illustrated in Chart 3.1 (part b) below.
 14  
                                               
13 Only the out-of-quota duty is included in the tariff-related calculations. 
14 Only the out-of-quota duty is included in the tariff-related calculations. WT/REG333/1 
 
- 16 - 
 
  Table 3.2 European Union: Tariff elimination commitments to Colombia and to Peru 
under the Agreement, by HS Section and corresponding average trade 
Partner  
HS 
section MFN 
average 
% Total No. 
of lines MFN Duty-
Free 
(2013) Number of duty-free lines under the 
Agreement Remain 
dutiable Avg. Duty  
2013 2016  2018  2020  2023 Colombia I 8.7 803 113 408 5 25 51 15 186 10.9 
II 5.8 531 125 302 7 9 3   85 12.0 
III 6.0 124 21 101 1   1       
IV 13.6 834 93 606 18 1 7   109 12.0 
V 0.7 244 180 64             
VI 4.2 1,272 343 904         25 8.5 
VII 4.7 351 67 284             
VIII 3.0 150 43 107             
IX 2.3 213 99 114             
X 0.0 220 220               
XI 7.9 1190 45 1145             
XII 8.0 113 2 111             
XIII 4.0 258 34 224             
XIV 0.7 63 48 15             
XV 1.9 999 511 483 1 4         
XVI 2.4 1,477 318 1,159             
XVII 4.7 287 32 255             
XVIII 2.5 339 92 247             
XIX 2.2 27 5 22             
XX 2.6 218 55 163             
XXI 0.0 7 7 0             
Total 4.8 9,720 2,453 6,714  32 39 62 15 405 10.4 Peru I 8.7 803 113 408 2 12 143 17 108 13.3 
II 5.8 531 126 335 4       66 * 
III 6.0 124 21 102   1         
IV 13.5 834 93 621 12 2 3 4 99 11.4 
V 0.7 244 180 64             
VI 4.2 1,272 343 906         23 8.4 
VII 4.7 351 67 284             
VIII 3.0 150 43 107             
IX 2.3 213 99 114             
X 0.0 220 220               
XI 7.9 1190 45 1145             
XII 8.0 113 2 111             
XIII 4.0 258 34 224             
XIV 0.7 63 48 15             
XV 1.9 999 511 483 1 4         
XVI 2.4 1,477 318 1,159             
XVII 4.7 287 32 255             
XVIII 2.5 339 92 247             
XIX 2.2 27 5 22             
XX 2.6 218 55 163             
XXI 0.0 7 7               
Total 4.8 9,720 2,454 6,765  19 19 146 21 296 11.5 
* Only includes specific duties.  
Note:  For tariff lines subject to TRQs, only the out-of-quota duty is included; for the calculation of 
averages, specific rates are excluded and the ad valorem  parts of alternate rates are included.  
Based on HS 2007 nomenclature.  
Source: WTO estimates based on data provided by the European Union and WTO-IDB database.  WT/REG333/1 
 
- 17 - 
 
  Chart 3.1 European Union: Average of dutiable  rates, by HS Chapter, with regard to 
Colombia and Peru 
0510152025
02 04 †07*08*10*11 16 †17*18*19*20*21*22 29 *33 35 38a. EU-Colombia
(HS 01-97)
MFN
Preferential
0510152025
02 *04*07*08*10*11 16 *17*18*19*20*21*22 29 *33 35 38b. EU-Peru
(HS 01-97)
MFN
Preferential
 
* Only includes specific duties.  
† The average of the preferential rates is higher than the MFN because the ad valorem  component is 
liberalized in the preferential duties for some of the lines under this chapter.  
 Note:  For tariff lines subject to TRQs, only the out-of-quota duty is included in the tariff-related 
calculations; for the calculation of averag es, specific rates are excluded and the ad valorem  parts of 
alternate rates are included. 
 Based on HS 2012 nomenclature.  
Source:  WTO estimates based on data provided by the European Union and WTO-IDB database.  
3.1.3.2  Colombia 
3.18.  Table 3.3 shows tariff elimination commitments by Colombia under the Agreement. 
Colombia's applied tariff in 2013 consisted of 7,454 lines15 at the HS eight-digit level (HS 2012). 
93.14% of the tariffs were ad valorem  and 511 lines had non- ad valorem  tariffs (all compound 
duties). In 2013, 264 lines were duty free, representing 3.5% of Colombia's total tariff, 
corresponding to 20.9% of its imports from the EU during 2010-2012. Following the entry into force of the Agreement, an additional 4,291 lines (57.6% of Colombia's tariff) became duty-free 
resulting in 61.1% of Colombia's tariff becoming duty free corresponding to 66.4% of its imports 
from the EU (in 2013). Ten years after the entry into force of the Agreement (in 2023), 7,143 tariff lines, or 95.8% of its imports from the EU will be duty free. By the end of the implementation 
period (2028), 7,160 tariff lines, or 96.1% of its imports from the EU will be duty free. 294 tariff 
lines (corresponding to 3.9% of Colombia's tariff) will remain dutiable, representing 0.6% of 
Colombia's imports from the EU. This includes the tariff lines for which the fixed component 
resulting from the price stabilization mechanism
16 is liberalized under Colombia's price band 
system.  
                                               
15 It should however be noted that the negotiations were based on HS 2007 classification and that the 
total number of lines, on that basis, was 7.280. On the basis of HS 2007, 282 tariff lines remained dutiable. 
16 The customs duties applicable to products subjec t to the price stabilization mechanism are composed 
of a fixed ad valorem component (subject or not to the liberalization programme established by the 
Agreement), and a flexible component (a specific amount  added or deducted depending on the evolution of the 
international price for certain commodities).  WT/REG333/1 
 
- 18 - 
 
  Table 3.3 Colombia: Tariff elimination commitments under the Agreement and 
corresponding average trade 
Duty phase-out 
period Number 
of lines % of total lines 
in Colombia's 
tariff schedule Value of Colombia's 
imports from the 
European Union (2010-
2012) in million EURa % of Colombia's total 
imports from the 
European Union 
(2010-2012) 
MFN Duty Free-
2013 264 3.5 993.9 20.9 
2013 4,291 57.6 2162.4 45.5 
2016 154 2.1 13.4 0.3 
2018 1208 16.2 771.9 16.2 
2020 545 7.3 480.4 10.1 
2023 681 9.1 298.2 6.3 
2025 1 0.0 2.2 0.0 
2028 16 0.2 5.2 0.1 
Remain dutiable 294b 3.9 29.2 0.6 
Total 7,454 100 4,756.92 100 
a Exchange rates used for converting from US dollars to Euros were: 0.76 (2010), 0.72 (2011) and 
0.78 (2012).  
b This number includes the 134 lines in relation to the price stabilization mechanism, where 53 tariff 
lines containing fixed component were  liberalized under the Agreement. 
 Note: For tariff lines subject to TRQs, only the out-of-quota duty is included in the tariff-related  calculations.  Based on HS 2012 nomenclature.  
Source: WTO estimates based on data provid ed by Colombia and WTO-IDB database.  
3.19.  Table 3.4 shows Colombia's tariff elimination,  by HS section. The 294 lines that will remain 
subject to duties once implementation is completed are found in sections I (live animals); 
II (vegetable products), III (animal or vegetable fats and oils), IV (prepared food) and 
VI (chemicals) with final averag e tariffs at between 10% and 32.9%, with differences between the 
MFN rate and the preferential rate in HS Chapters 2, 7, 8, 11, 12, 15, 16 through 21, 23 and 33, 
as illustrated by Chart 3.2 below.17 The highest average tariffs are found in HS 5 (70%), 2 (36%) 
and 10 (35.8%).  
Table 3.4 Colombia: Tariff elimination commitm ents under the Agreement, by HS Section 
and corresponding average trade 
HS Section MFN 
average 
% Total 
No. of 
lines MFN 
duty-
free 
(2013) Number of duty-free lines 
No. of lines 
remaining 
dutiable 
Avg. Final 
Tariff 
(Dutiable) 
% 2013 
2016 
2018 
2020 
2023 
2025 
2028 
I 19.8 413   296 3 14 7 11   13 69 32.9 
II 13.2 427   201 87 49 1 13     76 21.7 
III 15.5 66   18   4 1       43 10.0 
IV 14.0 310   101 62 32 8 8 1 3 95 11.4 
V 5.0 193 1 153   37   2         
VI 5.0 1,416 173 901 2 245 29 55     11 10.2 
VII 7.5 315 8 115   36 61 95         
VIII 8.9 78   27   45 1 5         
IX 7.5 108   24   41 1 42         
X 8.1 197 14 66   34 61 22         
XI 8.6 933 1 820   13 42 57         
XII 11.1 55   40   13   2         
                                               
17 Only the out-of-quota duty is included in the tariff-related calculations. The Chart includes lines under 
Colombia's price band system. Moreover, in the case of HS Chapter 23, the average of the preferential rates is 
higher than the MFN because the fixed component only is liberalized for some of the lines under this Chapter. WT/REG333/1 
 
- 19 - 
 
  
HS Section MFN 
average 
% Total 
No. of 
lines MFN 
duty-
free 
(2013) Number of duty-free lines 
No. of lines 
remaining 
dutiable 
Avg. Final 
Tariff 
(Dutiable) 
% 2013 
2016 
2018 
2020 
2023 
2025 
2028 
XIII 7.8 167   60   40 37 30         
XIV 7.1 59   45   5 3 6         
XV 6.3 718 18 350   131 127 92         
XVI 6.0 1,231 35 755   288 87 66         
XVII 12.2 246 12 55   56 35 88         
XVIII 5.7 282 2 234   37 1 8         
XIX 14.9 69   11   43 14 1         
XX 13.2 164   19   42 29 74         
XXI 15.0 7       3   4         
Total 8.4 7,454 264 4,291 154 1,208 545 681 1 16 294b 20.7 
 
a This number includes the lines excluded from the agreement and those whose fix component was 
liberalized (i.e. 134) under Colombia's price band system.  
 Note: For tariff lines subject to TRQs, only the out-of-quota duty is included in the tariff-related  calculations.  Based on HS 2012 nomenclature. 
Source: WTO estimates based on data provid ed by Colombia and WTO-IDB database.  
Chart 3.2 Colombia: Average of du tiable rates, by HS Chapter 
010203040506070
*02
*04
05
0708
*10*11*12
*15
*16*17
181920
21
22
*†23
2933
*35
38Colombia
(HS 01-97)
MFN
Preferential
 
*   Includes lines under Colombia's price band system.  
†   The average of the preferential rates is higher than the MFN because the fixed component is 
liberalized for some of the lines under this chapter.  Note: For tariff lines subject to TRQs, only the ou t-of-quota duty is included in the tariff-related 
calculations; for tariff lines under Colombia's price band system, only the ad valorem  part is included 
in the calculation of averages. Based on HS 2012 nomenclature. 
Source: WTO estimates based on data provided by Colombia and WTO-IDB. 
3.1.3.3  Peru 
3.20.  Table 3.5 shows tariff elimination commitments by Peru under the Agreement. Peru's 
applied tariff in 2013 consisted of 7,370 lines at the HS eight-digit level (HS 2007). 99.36% of the WT/REG333/1 
 
- 20 - 
 
  tariffs were ad valorem  and 47 lines had non- ad valorem  tariffs 47 with compound duties18). In 
2013, 4,054 lines were duty free, representing 55% of Peru's total tariff, corresponding to 76.2% of its imports from the EU during 2010-2012. Following the entry into force of the Agreement, an additional 1,688 lines (22.9% of Peru's tariff) became  duty-free, resulting in 77.9% of Peru's tariff 
becoming duty free, corresponding to 80.4% of im ports by value from the EU. Ten years after the 
entry into force of the Agreement (in 2023), 7,219 tariff lines, or 98.5% of its imports from the EU will be duty free for the EU's exports. The sa me figures would be shown by the end of the 
implementation period (in 2030). 151 tariff lines (co rresponding to 2% of Peru's tariff) will remain 
dutiable, representing 1.5% of Peru's imports from the EU. This includes the 47 tariff lines that are 
subject to Peru's price band system and are not fully liberalized.  
Table 3.5 Peru: Tariff elimination commitments under the Agreement and corresponding 
average trade  
Duty phase-out 
period Number of lines % of total lines in 
Peru's tariff 
schedule Value of Peru's imports 
from the European Union 
(2010-2012) in million 
EURa % of Peru's total 
imports from the 
European Union 
(2010-2012) 
MFN duty free 
(2013) 4,054 55.0 2,345.2 76.2 
2013 1,688 22.9 128.6 4.2 
2016 31 0.4 4.9 0.2 
2018 520 7.1 217.3 7.1 
2019 4 0.1 0.9 0.0 
2020 31 0.4 25.1 0.8 
2023 891 12.1 309.6 10.1 
Remain dutiable 151b 2.0 45.2 1.5 
Total 7,370 100.0 3,076.8 100.0 
a Exchange rates used for converting from US dollars to Euros were: 0.76 (2010), 0.72 (2011) and 
0.78 (2012).  
b This number includes the 47 lines subject to a specific duty under Peru's price band system.  
Note: For tariff lines subject to TRQs, only the out-of-quota duty is included in the tariff-related 
calculations; for tariff lines under Pe ru's price band system, only the ad valorem  part is included in 
the calculation of averages. 
 One tariff line which should become duty-free in 2025 is tariff line ex1602900000 – partly covered 
under category 12 (duty-free in 2025) and partly categorized as part of the out-of-quota duty under the TRQ. In relation to eight other tariff lines that should become duty-free in 2028, two tariff lines are under the price band system and six tariff lines are already duty-free at the MFN level. 
 Based on HS 2007 nomenclature.  
Source: WTO estimates based on  data provided by Peru. 
3.21.  Table 3.6 shows Peru's tariff elimination, by HS section. The 151 lines that will remain 
subject to duties once implementation is completed are found in sections I (live animals); II (vegetable products), IV (prepared food) and VI (chemicals) with final average tariffs at 
between 4.1% and 7.9%, with differences between the MFN and preferential average rates in HS 
Chapters 7, 16 through 21, and 33, as illustrated by Chart 3.3 below.
19  
Table 3.6 Peru: Tariff elimination commitmen ts under the Agreement, by HS Section HS Section MFN 
average 
% Total No. of 
lines MFN 
duty-
free 
(2013) Number of duty-free lines 
No. of lines 
remaining 
dutiable Avg. Final 
Tariff 
(Dutiable)  
% 2013 
2016 
2018 
2019 
2020 
2023 
I 2.3 308 185 47   9     16 51 7.9 
II 4.4 384 121 108 10 91   2 29 23 6.3 
III 2.6 64 36 7 1 9     11     
IV 3.8 301 113 31 18 29   4 31 75 4.1 
                                               
18 It should be noted that, out of the 47 lines, 44 lines have an ad valorem  component of 0%. 
19 Only the out-of-quota duty is included in the tariff-related calculations. WT/REG333/1 
 
- 21 - 
 
  
HS Section MFN 
average 
% Total No. of 
lines MFN 
duty-
free 
(2013) Number of duty-free lines 
No. of lines 
remaining 
dutiable Avg. Final 
Tariff 
(Dutiable)  
% 2013 
2016 
2018 
2019 
2020 
2023 
V 1.8 214 151 53   9     1     
VI 2.0 1,465 970 234 2 171   2 84 2 4.5 
VII 2.2 312 196 12   13     91     
VIII 5.3 79 9 24   11   2 33     
IX 4.4 107 28 8   28   1 42     
X 3.7 246 93 28   22   4 99     
XI 9.2 966 63 850   13   2 38     
XII 8.8 56   31   23     2     
XIII 2.3 174 106 13   17   1 37     
XIV 3.5 57 24 19   2   2 10     
XV 1.0 700 581 22   6   4 87     
XVI 1.1 1,195 991 94   25   5 80     
XVII 1.2 226 181 6   4 4   31     
XVIII 2.4 290 175 85   10     20     
XIX 6.0 69   7   21     41     
XX 4.8 150 31 9   7   2 101     
XXI 6.0 7             7     
Total 3.2 7,370 4,054 1,688  31 520 4 31 891 151 5.4 
Note: For tariff lines subject to TRQs, only the out-of-quota duty is included in the tariff-related 
calculations; for tariff lines under Pe ru's price band system, only the ad valorem  part is included in 
the calculation of averages. 
 Based on HS 2007 nomenclature.  
Source: WTO estimates based on  data provided by Peru. 
Chart 3.3 Peru: Average of duti able rates, by HS Chapter 
0123456789
02 *04 07 08 *10 †11 16 †17 18 †19 20 †21 22 *23 33 †35HS 01-97
MFN
Preferential
 
*  Includes lines under Peru's price band system , with an ad-valorem fixed component of 0.  
†  Includes lines under Peru's price band system , with an ad-valorem fixed component of 6%.  
Note:  For tariff lines subject to TRQs, only the ou t-of-quota duty is included in the tariff-related 
calculations; for tariff lines under Pe ru's price band system, only the ad valorem  part is included in 
the calculation of averages. 
 Based on HS 2007 nomenclature. 
Source: WTO estimates based on  data provided by Peru. WT/REG333/1 
 
- 22 - 
 
  3.1.4  Tariff rate quotas 
3.22.  Each Party shall implement and administer tariff rate quotas (TRQs) for imports of 
agricultural goods set out in Annex I to the Agreement (tariff elimination Schedules) in accordance with Article XIII of GATT 1994, including its interp retative notes, and the WTO Import Licensing 
Agreement (Article 33). TRQ administration shall take place on a first-come first-served basis. 
Consultations are also foreseen upon the request of an exporting Party on the administration of 
the TRQs. Annex 3 to this factual presentation iden tifies the tariff lines covered by each Party's 
TRQ commitments. 
3.23.  The tariff elimination Schedule of Colombia for goods originating in the EU
20 identifies 
14 categories of tariff elimination21 providing for transition periods during which a preferential TRQ 
is granted by Colombia to specific products originating in the EU. Each concerned category 
identifies: (i) the tariff lines covered; (ii) th e in-quota customs duty; (iii) the quota quantity22 on 
the entry into force of the Agreement; and (iv) th e yearly increase in the quota. For 8 of these 
categories, goods imported in quantities exceed ing the cumulated amount for each year shall 
receive MFN treatment. In the case of the 6 rema ining categories, at the end of the transition 
periods, the TRQ and duties will be eliminated. 
3.24.  The tariff elimination Schedule of the EU for goods originating in Colombia23 identifies 
9 categories of tariff elimination24 and 19 categories of tariff elimination programmes25 for Peru 
providing for transition periods during which a pref erential tariff rate quota (TRQ) is granted by the 
EU to specific products. Each concerned category identifies: (i) the tariff lines covered; (ii) the aggregate quota quantity on the entry into force of the Agreement; and (iii) the yearly increase in 
the quota. For one of these TRQ categories, a trigger import volume is connected to a stabilisation 
mechanism allowing in particular circumstances the suspension by the EU  of the preferential 
customs duty and the opening of consultations between the Parties. Moreover, the EU and 
Colombia and Peru shall examine the improvement of tariff liberalization for the concerned goods 
in 2019.  
3.25.  The tariff elimination schedule of Peru for goods originating in the EU
26 identifies 
16 categories of products27 which are, in certain cases to become duty free after a transition 
period, or in other cases excluded from tariff elim ination. Nevertheless, for these categories Peru 
shall allow duty-free imports within preferential TRQs. Each concerned category identifies: (i) the 
tariff lines covered; (ii) the aggregate quota quan tity on the entry into force of the Agreement; 
and (iii) the yearly increase in the quota. Customs duties on originating goods resulting from the 
application of the Peruvian Price Band System, which may be covered by these categories of products, are excluded from tariff elimination but sh all be reduced as and if provided for in Peru's 
Schedule. 
3.26.  Annex 3 to the factual presentation identi fies the products subject to TRQ commitments by 
the Parties. 
3.2  Rules of origin 
3.27.  The rules of origin applicable in the cont ext of the Agreement are set out in Annex II to the 
Agreement (concerning the definition of the concept of "originating products" and methods for administrative cooperation). While definitions are provided for in section 1 of Annex II, the concept 
of "originating products" is defined in section 2. According to Article 2 of Annex II, a good is 
considered as originating when:  
a. it is wholly obtained in the EU, in Colombia or Peru; or 
                                               
20 Contained in Section A of Appendix  1 of Annex I to the Agreement. 
21 Out of a total of 31 different tari ff elimination / reduction categories. 
22 Aggregate for each category in general. 
23 Contained in Section B of Appendix  1 of Annex I to the Agreement. 
24 Out of a total of 21 different tariff elimination / reduction categories.  
25 Out of a total of 26 different tariff elimination / reduction categories.  
26 Contained in Section D of Appendix  1 of Annex I to the Agreement. 
27 Out of a total of 25 different tariff elimination / reduction categories.  WT/REG333/1 
 
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  b. it is obtained in the EU, Colombia or Peru, incorporating materials which have not been 
wholly obtained there, but have undergone sufficient working or processing in the EU, Colombia or Peru. 
3.28.  Article 5 of Annex II clarifies what constitu tes a wholly obtained product, and Article 6 of 
Annex II refers to Appendix 2 of Annex II, which lists, per product or category of products, the 
conditions that need to be fulfilled for products to be considered "sufficiently worked or processed". While a change in tariff classification, as set out in Appendix 2 to Annex II constitutes 
a criterion largely used to determine origin in cases of substantial transformation of goods, the 
maximum value of non-originating material used in the production of a good can be used as an alternative or sole criterion in a number of cases
28. In certain cases, Appendix 2 of Annex II also 
registers manufacturing or processing operations conferring origin. 
3.29.  Non-originating materials which do not fulfil the rule of origin (change in tariff classification, 
the value of which does not exceed 10% of the ex -work price of the products, may be used in the 
processing of originating final products. Specific rules are however defined for textiles and apparel 
(HS Chapters 50 to 63). Another tolerance rule, related to specific conditions to be fulfilled by 
"basic textile materials" is defined in the introductory notes to the list of working or processing required to be carried out on non-originating materials in order for the product manufactured to 
obtain originating status (Appendix 2 to Annex II). 
3.30.  Appendix 2a to Annex II lists alternative rules of origin that apply for certain products, in 
most cases, subject to annual quotas.
29 A Declaration by the EU addresses aspects related to the 
notions of "vessels" and "factory ships" in the context of wholly obtained fish and fishery products. 
A joint declaration by Peru and Colombia also addr esses aspects related to the notions of "vessels" 
and "factory ships" in the context of wholly obtained fish and fishery products. 
3.31.  Insufficient working or processing operations are described in Article 7 of Annex II. 
Section 2 of Annex II also contains disciplines on unit of qualification (Article 8); accessories, spare 
parts and tools (Article 9); sets (Article 10); and neutral elements (Article 11): 
3.32.  Cumulation of origin is governed by the pr ovisions of Articles 3 and 4 of Annex II. Materials 
originating in the EU shall be considered as materials originating in Colombia, or Peru, when 
incorporated into a product obtained there. The same applies for materials originating in Colombia or Peru. Moreover, materials originating in Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Venezuela or in a member country of the Andean Community which is not a 
Party to the Agreement shall be considered as materials originating in a signatory Andean Country 
when further processed or incorporated into a product obtained there
30. Furthermore, at the 
request of a Party to the Agreement, materials originating in a non-party Central American31, 
South American or Caribbean country, shall be considered as materials originating, respectively, in 
Colombia or Peru, or in the EU when further pr ocessed or incorporated into a product obtained 
there. Cumulation of origin with those countries (covered by Article 4 of Annex II) may be applied 
provided that preferential trade agreements th at are in conformity with Article XXIV of the 
GATT 1994 between Colombia or Peru and the non- party concerned, and between the EU and such 
non-party, respectively, are in force and that reciprocal cumulation of origin rule be contained in such agreement(s). 
                                               
28 For these cases, the value of all non-originating materials used is indicated in columns 3 and/or 4 of 
Appendix 2 of Annex II. 
29 E U  p r o d u c t s  e x p o r t e d  t o  C o l o m b i a  a n d  P e r u  a n d covered by Appendix 2A include: roasted coffee 
(Arabica); and certain cocoa powder. EU products exported  to Peru, as well as the same products exported by 
Peru into to the EU, covere d by Appendix 2A include, inter alia : soybean oil and peanut oil; certain seeds; 
some animal or vegetable fats and oils; margarine; and biodiesel. Colombian and/or Peruvian products 
exported to the EU and covere d by Appendix 2A include, inter alia : certain plastics; certain textiles and textile 
products; certain steel products; and certain articles of iron and steel. Peruvian pr oducts exported to the EU 
and covered by Appendix 2A incl ude: twine (cordage) and nets. 
30 Provided that the working or processing of the ma terials carried out in the signatory Andean Countries 
went beyond the insufficient working or processing op erations, the materials originated in one of these 
countries, in application of rules of origin identical to those applicable if such materials were exported directly to the European Union and existing arrangements in force between Colombia and/or Peru and one of these 
countries allow for adequate administ rative cooperation procedures ensuring a full implementation of this 
cumulation and the related provisions rule.  
31 Including Mexico. WT/REG333/1 
 
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  3.33.  Sections 3 and 4 of Annex II contain detailed disciplines related to territorial requirements 
(Section 3) and proof of origin32 (Section 4). Section 6 of Annex II covers products originating in 
Ceuta and Melilla, which are not considered by the Agreement as originating in the EU but, subject 
to special conditions, may receive the same customs regime as that which is granted to products 
imported from and originating in the European Union. For products originating in the Republic of 
San Marino as well as in the Principality of Andorra (for the latter, limited to non-agricultural products), such products shall be, according to two joint declarations by the Parties, accepted by 
Colombia and Peru as originating in the EU.  
3.34.  Section 5 of Annex II describes a series of arrangements between the Parties for 
administrative cooperation. The Agreement also contains, in its Annex III, special provisions on administrative cooperation. 
3.35.  In a joint declaration on the revision of the rules of origin in Annex II, the Parties agree to 
review the rules concerning the definition of originating products and methods or administrative cooperation and discuss necessary amendments upon request of either Party. 
3.3  Export duties and charges,  and quantitative restrictions 
3.36.  No Party shall adopt or maintain any prohibition or restriction on the export or sale for 
export of any good destined for the territory of another Party, except as provided in the 
Agreement or in accordance with Article XI of GATT  1994, which is, together with its interpretative 
notes, incorporated into and made part of the Agreement mutatis mutandis (Article 23). 
3.37.  No Party shall adopt or maintain any duty or tax, other than internal charges applied on a 
national treatment basis, on or in connection with  the export of goods to the territory of another 
Party (Article 25). 
3.38.  The notifications foreseen in Article 5 of the WTO Agreement on import licensing procedures 
shall be carried out between the Parties with regard to licensing procedures for exports 
(Article 26). 
3.4  Regulatory provisions on trade in goods 3.4.1  Standards 
3.4.1.1  Sanitary and phytosanitary measures (SPS) 
3.39.  Under Chapter 5 of Title III (trade in goods) , the Parties reaffirm their rights and obligations 
under the WTO Agreement on SPS. The SPS provisions of the Agreement build on the WTO provisions in areas such as import requirements (Article 91), import procedures (Article 92 and 
part
33 of Annex VI); verifications (Article 93 and part34 of Annex VI); and the recognition of the 
concepts of pest- and disease-free areas as well as areas of low pest- and disease-prevalence (Article 94 on measures linked to animal and plant health).  
3.40.  The SPS Sub-committee, established under Article 103, may develop provisions on 
equivalence and shall establish procedures for the recognition of equivalence (Article 95). 
3.41.  Chapter 5 of Title III also contains provisio ns on transparency and exchange of information 
(Article 96), notification and consultation (Article 97), emergency measures and alternative 
measures (Articles 98 and 99). 
3.42.  Technical assistance and trade capacities shall be strengthened (Article 101) and 
collaboration on animal welfare shall be promoted (Article 102). 
                                               
32 Appendix 3 of Annex II contains specimens of the movement certificate EUR.1 and the application 
form and Appendix 4 the standard text in all applyi ng linguistic versions of an invoice declaration. 
33 In particular Appendix 2 of Annex VI (requirement s and provisions for approv al of establishments for 
products of animal origin). 
34 In particular, Appendix 3 of Annex Vi (guidelines for conducting verifications). WT/REG333/1 
 
- 25 - 
 
  3.43.  The Agreement establishes special and differential treatment, consistent with Article 10 of 
the WTO Agreement on SPS. When a signatory Ande an Country has identified difficulties with a 
proposed measures notified by the EU, that Andean Country may request, in its comments submitted to the EU (pursuant to Article 7 of the WTO Agreement on SPS), an opportunity to 
discuss the issue. Consultations between the Parties shall follow in order to agree on: 
(i) alternative import conditions to be applied by the importing Party; and/or (ii) technical assistance according to Article 101; and/or (iii) a transition period of si x months, which could be 
exceptionally extended for another period of no longer than six months (Article 100). 
3.44.  In connection with the different levels reached by regional integration processes within the 
EU and within the Andean Community, the EU agrees that the products originating from Colombia or Peru shall benefit from free movement of goods within the territory of the EU under the 
conditions established by the Treaty on the Func tioning of the European Union for free movement 
of goods originating in third countries. Similarly, subject to the provisions of the Andean Sub regional Integration Agreement (the Cartagena Agreement), Colombia and Peru will grant each 
other treatment no less favourable than that granted to the EU pursuant to the Agreement. 
Colombia and Peru will also make their best efforts to facilitate the movement of goods originating in the EU between their territories and to avoid duplication of procedures and controls. On SPS 
matters, Colombia and Peru will allow goods originating in the EU to benefit from the harmonized 
procedures and requirements applied to trade. Colombia and Peru will also make their best efforts to foster harmonization of their legislation and procedures on SPS measures, and to promote the 
harmonisation or mutual recognition of their controls and inspections. The SPS Sub-committee will 
examine the application of this provision (Article 105). 
3.45.  In case the legality of a SPS measure taken by a Party is challenged by another Party, 
technical consultations may be requested and shall take place in the SPS Sub-committee 
established under the Agreement.
35 
3.4.1.2  Technical barriers to trade (TBT) 3.46.  Chapter 4 of Title III (trade in goods) co vers TBT. The Parties reaffirm their rights and 
obligations under the WTO Agreement on TBT, which is incorporated into and made part of the 
Agreement, mutatis mutandis  (Article 73). The provisions on technical regulations (Article 76), 
standards
36 (Article 77), conformity assessment and accreditation (Article 78), as well as on 
transparency and notification procedures (Article 79) essentially build on the WTO provisions 
related to TBT. Commitments are also exchanged be tween the Parties in relation to border control 
and market surveillance (Article 80).  
3.47.  Joint disciplines are established for mandatory marking requirements and labelling of 
products. When the legitimate objectives established in the WTO Agreement on TBT are 
compromised, a Party shall endeavour to accept non-permanent or removable labels, or having the information provided by means of the product manual, packing or packaging instead of it being 
printed on or physically adhered to the product. Specific rules are also established for when a 
Party requires marking or labelling of textiles, clothing or footwear (paragraph 2 of Article 81). 
3.48.  The Parties also agree to cooperate on TBT related matters with a view to contribute to the 
overall objective of trade facilitation (Article 75) . Moreover, they recognize the importance of trade 
related technical assistance and capacity building in facilitating the implementation of Chapter 4 of 
Title III and identify areas on which to focus (Article 82). 
3.49.  In connection with the different levels reached by regional integration processes within the 
EU and within the Andean Community, and in relati on to the implementation of the TBT provisions 
of the Agreement, Colombia and Peru will allow goods originating in the EU to benefit from the harmonized standards, technical regulations and conformity assessment procedures applicable to 
trade between them, as members of the Andean Community. Colombia and Peru will also make 
                                               
35 Such technical consultations would thus replace the consultations foreseen in Article 301 (dispute 
settlement). 
36 Inter alia , the Parties commit to apply the Decision of the Committee on Principles for the 
Development of International Standards, Guides and Recommendations with Relation to Articles 2, 5 and 
Annex 3 of the Agreement adopted by the WTO Commi ttee on Technical Barrier to Trade on 13 November 
2000. WT/REG333/1 
 
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  their best efforts to foster harmonization of standards, technical regulations and conformity 
assessment procedures, and to promote the harmonisation or mutual recognition of their controls and inspections (Article 105).  
3.4.2  Safeguard mechanisms 
3.50.  Section 2 of the Chapter on trade remedies  in Title III of the Agreement (trade in goods) 
contains disciplines on multilateral safeguard measures the Parties may use. Section 3 of the same Chapter establishes rules applicable to bilateral safeguard measures while Article 29 contains rules 
on agricultural safeguard. In relation to trade in agricultural goods, Section 4 of Title III 
establishes an agricultural safeguard (Article 29). These mechanisms are summarized below. 
3.4.2.1  Global safeguards 3.51.  Each Party retains its rights and obligations under Article XIX of GATT 1994, the WTO 
Safeguards Agreement and the WTO Rules of Orig in Agreement (Article 43). The Agreement also 
contains some provisions on transparency, non-simultaneous application of safeguard measures and clarification on investigating authority (Articles 44 to 46). Excepts for non-simultaneous 
application of safeguard measures, the Agreemen t  excludes the disciplines on multilateral 
safeguard measures in the Agreement from co verage by the dispute settlement mechanism 
established in title XII of the Agreement (Article 47). 
3.4.2.2  Bilateral safeguards 
3.52.  Disciplines on bilateral safeguard measures are contained in Articles 48 to 57. During the 
transition period
37, a Party may apply a bilateral safeguard measure. Such a measure may consist 
of either (i) a suspension of the further reduct ion of the customs duty on the product concerned 
provided for in the Party's tariff elimination schedule,  or (ii) an increase in the customs duty on the 
product concerned to a level not exceeding the MFN applied customs duty on the product in effect at the time the measure is taken or the base rate as specified in the Party's schedule.  
3.53.  A bilateral safeguard measure may be applied for such period of time as may be necessary 
to prevent or remedy serious injury pursuant to Article 48 of the Agreement. The total period of 
application of a bilateral safeguard measure, including the period of initial application and any 
extension thereof, shall not exceed four years. Re-application of a measure is only possible for one 
time and for a period of time equal to half of that during which such measure had been previously applied, provided that the period of non-application is at least one year. 
3.54.  A Party seeking to extend a bilateral safe guard measure shall consult with the Party whose 
products are subject to the measure in order to mutually agree on appropriate compensation in 
the form of concessions having substantially equiva lent trade effect. Should this not lead to an 
agreement, the Party whose products are subj ect to the safeguard measure may suspend the 
application of substantially equivalent concessions to the trade of the Party extending the 
measure.  
3.55.  The Agreement also contains provisions on  notification and consultations; investigation 
procedure, including provisions identifying the Parties' investigating authorities; and provisional 
measures, which essentially mirror similar disciplines contained in the WTO Agreement on Safeguard.  
3.56.  The Agreement contains specific disciplines applicable to the outermost regions of the EU
38, 
which allow, exceptionally, the EU to take safeguard measures limited to the territory of the 
region(s) concerned (Article 56). 
                                               
37 "Transition period" means 10 years from the date of entry into force of the Agreement. For any good 
for which the tariff elimination schedule of the Party a pplying the measure provides  for a tariff elimination 
period of 10 or more years, "transitio nal period" means the tariff elimination period set out in that schedule for 
such good, plus three years. 
38 At the date of signature of the Agreement: Guadeloupe, French Guiana, Martinique, Réunion, 
Saint-Martin, the Azores, Madeira and the Canary Islands. WT/REG333/1 
 
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  3.4.2.3  Special safeguards on agricultural products 
3.57.  Under Article 29, a Party may apply an agricultural safeguard measure in the form of 
additional import duties on originating agricultural goods in Annex IV to the Agreement (agricultural safeguard measures). The amount of any additional import duty and any other 
customs duty on such goods may not exceed the lesser of: (i) the MFN rate applied; or (ii) the 
base tariff rate as specified in Annex I (tariff elimination schedules). A Party may apply a quantity-based safeguard measure if trigger levels for such goods are reached. The trigger levels 
are set out, for the specific products concerned, in Annex IV. These levels increase each year until 
the product is subject to duty-free treatment under  Annex I or after the expiry of the transition 
period set out in Annex IV (agricultural safeguard measures). The special safeguards on agricultural products established by the Agreemen t are a transitional mechanism. An agricultural 
safeguard measure may not be adopted or maintained if it increases the in-quota rate for products 
subject to TRQs. 
3.58.  The Parties may not apply an agricultural safeguard measures under Article 29 at the same 
time as, with respect to the same good, a safeguard measure under Chapter 2 of Title III (Trade 
remedies), or a measure under Article XIX of GATT 1994 and the WTO Safeguards Agreement. 
3.59.  Moreover, each party shall maintain its rights and obligations under Article 5 of the WTO 
Agreement on Agriculture except for agricultur al trade subject to preferential treatment. 
3.60.  In addition, and in the case of bananas (HS 08030019), the EU's concession on bananas to 
Peru and Colombia is represented by a phased in  reduction in duty (preferential custom duties 
agreed for each year) to 75 EUR a ton by 2020, coupled with a non-automatic stabilisation clause 
with established trigger volumes, valid until 2019
39. 
3.4.2.4  Safeguard measures related to  balance of payment (BOP) difficulties 
3.61.  While the Parties shall endeavour to avoid th e imposition of restrictive measures, if a Party 
experiences serious external financial or balance-of-payments difficulties or threat thereof, if and 
when they envisage putting in place such measures, it shall notify and consult with the other Parties and present, as soon as possible, a time schedule for their removal. When imposed, BOP 
measures shall be in accordance with the conditions established in the WTO Agreement and 
consistent with the Articles of the Agreement of the International Monetary Fund (Article 297). 
3.4.3  Anti-dumping and countervailing measures 3.62.  The Parties reaffirm their rights and obligations under the WTO Antidumping Agreement, the 
WTO Agreement on Subsidies and Countervailing Measures and the WTO Rules of Origin 
Agreement. In the case of the application of an  antidumping duty or countervailing measure, or 
the acceptance of a price undertaking, by the Andean Community authority on behalf of two or 
more member countries of the Andean Communi ty, the competent Andean  Community juridical 
body shall be the single forum for judicial re view. Moreover, the Parties shall ensure that 
antidumping measures are not applied simultaneously in relation to the same product by regional 
and national authorities. The same rule shall apply for countervailing measures (Article 37). In 
relation to the imposition of antidumping and/or countervailing measures, the Agreement 
underlines the importance of transparency and opportunities given to users, importers and 
consumers of products under investigation to provide relevant information in the context of the 
consideration of public interest (Articles 38 and 39). 
3.63.  Notwithstanding their WTO rights and obligations, the EU and Colombia consider it desirable 
that the duty applied be less than the corresponding margin of dumping or subsidy if the lesser 
duty would be adequate to remove the injury to the domestic industry (Article 40). 
3.64.  The Agreement-specific dispute settlemen t mechanism (described under Title XII of the 
Agreement) does not apply to disputes between the Parties on antidumping and/or countervailing 
measures (Article 42). 
                                               
39 See point 1 (n) in the Tariff elimination schedule of the EU for goods originating in Colombia and A 
(i) in the Tariff eliminatio n schedule of the EU for goods originating in Peru. WT/REG333/1 
 
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  3.4.4  Subsidies and State-aid 
3.65.  In relation to trade in agricultural products, under Article 32, the Parties share the objective 
of working jointly in the WTO to reach an agreement to eliminate export subsidies and other equivalent effect measures for agricultural goods. Moreover, upon entry into force of the 
Agreement, no Party shall maintain, introduce or reintroduce export subsidies or other measures 
with equivalent effect on agricultural goods whic h are fully and immediately liberalized, or which 
are fully but not immediately liberalized and benefit from a duty free quota at entry into force of 
the Agreement in accordance with their tariff elimination schedules, and are destined for the 
territory of another Party. Furthermore, no Party shall maintain, introduce or reintroduce export subsidies or other measures with equivalent effect on agricultural goods which are fully but not immediately liberalized and which do not benefit from a duty free quota at entry into force of the 
Agreement, from the date on which those goods are fully liberalized. In case a Party maintains, 
introduces or reintroduces such a subsidy, the Agreement authorizes the affected Party to apply an additional tariff with the view to countervail the export subsidy or the other equivalent effect 
measure. The additional tariff will increase customs duties for imports of such good up to the level 
of either the MFN applied duty or the base rate set out in Annex I to the Agreement (tariff elimination schedules), whichever is lower, for the period established for retaining the export 
subsidy. 
3.4.5  Customs-related procedures 3.66.  Chapter 3 of Title III (trade in goods) co vers customs and trade facilitation. The Parties 
commit to establish efficient, transparent and simplified procedures. They agree to base their trade 
and customs legislations and procedures, inter alia , upon international instruments and 
standards
40; the protection and facilitation of trade through effective enforcement of and 
compliance with the legal requirement, which shall be reasonable, non-discriminatory and fraud 
preventing; the use of a single administrative document or its electronic equivalent; the 
application of modern customs techniques, including risk assessment, simplified procedures for entry and release of goods, post release controls, and company audit methods; the progressive 
development of systems to facilitate the electron ic exchange of data; rules ensuring that only 
proportionate and non-discriminatory penalties be imposed and that the application of which shall not unduly delay the release of goods; the calculation of reasonable fees and charges; and the elimination of any requirement for the mandatory use of pre-shipment inspections or their 
equivalent (Article 59). The provisions on customs-related procedures also contain disciplines on 
advance rulings on tariff classification, origin, or any other related matters as the Parties may agree (Article 60). The provisions covering the deve lopment of systems to facilitate electronic data 
transmissions and the rules on advance rulings shall apply to Peru two years after the entry into 
force of the Agreement. 
3.67.  Each Party shall use risk management systems in order to enable its customs authorities to 
focus their inspection activities on high risk op erations and to speed up the release of low risk 
goods (Article 61).  
3.68.  Provisions on authorized economic operator  (Article 62), transit (Article 63), and relations 
with the business community (Article 64) are also contained in Chapter 3 of Title III.  
3.69.  The WTO Agreement on the Implementation of Article VII of the GATT 1994 shall govern 
customs valuation rules applied to reciprocal trade between the Parties (Article 65). 
3.70.  Articles 66 and 67 establish the basis for cooperation between the respective customs 
administrations of the Parties and for mutual administrative assistance in customs matters
41. 
Technical assistance on customs and trade facilitation is governed by Article 69 which, inter alia , 
identifies areas of future cooperation on these matters between the Parties. 
                                               
40 Such as the substantive elements of the Revised Kyoto Convention on the Simplification and 
Harmonization of Customs Procedur es, the International Convention on the Harmonized Commodity 
Description and Coding System, the Framework of Standard s to Secure and Facilitate Global Trade of the World 
Customs Organization (WCO) and the Customs Data Model of the WCO. 
41 Annex V to the Agreement contains specific disciplines applicable when mutual administrative 
assistance in customs matters is provided. WT/REG333/1 
 
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  3.4.6  Other regulations 
3.4.6.1  State Trading Enterprises 3.71.  The Parties reaffirm their existing rights and obligations under Article XVII of GATT 1994, its 
interpretative notes and supplementary provisions and the Understanding on the interpretation of 
Article XVII of the GATT 1994, which are incorpor ated into and made part of the Agreement, 
mutatis mutandis (Article 27). 
3.5  Sector-specific provisions on trade in goods 
3.5.1   Agricultural goods 
3.72.  Section 4 of Title III (trade in goods) contains disciplines specifically applying to measures 
adopted or maintained by the Parties in respect of trade in agricultural goods
42, which have been 
summarized in the above sections of this factual presentation. 
4  PROVISIONS ON TRADE IN SERVICES 
4.1  Scope and definitions 4.1.  Title IV of the Agreement establishes the necessary provisions for the liberalisation of 
establishment and trade in services and for cooperation on electronic commerce. It also reaffirms 
the Parties' commitments under the WTO Agreement (Article 107). Chapter 1 of Title IV contains general provisions; Chapter 2 refers to establishmen t; Chapter 3 to cross-border supply of services 
(covering the supply of services through modes 1 and 2)
43; Chapter 4 addresses temporary 
presence of natural persons for business purposes; and Chapter 5 contains provisions on the applicable regulatory framework. For the last topic, a number of Sections establish specific disciplines on computer services (Section 2) ; postal and courier services (Section 3); 
telecommunications services (Section 4), financial services (Section 5); and international maritime 
transport services (Section 6). Chapter 6 of Title IV addresses electronic commerce
44, while 
Chapter 7 contains exceptions to the disciplines of Title IV.  
4.2.  Chapter 2 of Title IV applies to measures adopted or maintained by the Parties affecting 
establishment in any economic activity, while Chapter 3 applies to measures of the Parties 
affecting cross-border supply in all services sectors. In both Chapters, there are a number of 
exceptions to the coverage of each set of rules. In particular  mining, manufacturing and 
processing of nuclear materials; production of or trade in arms, munitions and war material; audio-visual services; national maritime cabotage
45; processing, disposal and waste of toxic waste; 
and domestic and international air transport services, whether scheduled or non-scheduled, and 
services directly related to the exercise of traffic rights46 (other than the traditional: (i) aircraft 
repair and maintenance services; (ii) the selling and marketing or air transport services; (iii) computer reservation system services; and (iv) ground handling services and airport operation 
services) are excluded from the scope of a pplication of the section on establishment.
47 
4.3.  Nothing under Title IV shall be construed to require any Party to privatise public undertakings 
or to impose any obligation with respect to gove rnment procurement. Moreover, the provisions of 
                                               
42 As defined in Annex I of the WTO Agreement on ag riculture. However, in the case of Colombia, for 
purposes of the application of the section on agricultural goods, the term "agricultural goods" also includes the following HS subheadings: 2905.45.00; 3302.10.10; 3302.10.90; 3823.11.00; 3823.12.00; 3823.13.00; 3823.19.00; 3823.70.10; 3823.70.20; 3823.70.30; 3823.70.90; 3824.60.00. 
43 Measures by a Party affecting cros s-border supply includes  measures in respect of : (i) the purchase, 
payment or use of a services ; and (ii) the access to and use of, in connection with the cross-border supply of a 
service, services which are required by that Party to be offered to the public generally. 
44 See section 5.7.3 below. 
45 Covering in essence transportation of passenger s or goods between a port or point located in 
Colombia or Peru or the EU and another port or point located in the territory of the same Party. 
46 Exclusion of the scope for both establishm ent and cross-border supply of services. 
47 While mining, manufacturing and processing of nu clear materials, producti on and trade in arms, 
munitions and war materials, and proces sing and disposal of toxic waste ar e excluded from the scope only for 
establishment, the other sectors are excluded from the scope for both establishment and cross border supply 
of services.  WT/REG333/1 
 
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  Title IV shall not apply to subsidies granted by a Party and to services supplied in the exercise of 
governmental authority. Furthermore, subject to Ti tle IV, each Party retains the right to exercise 
its powers and to regulate and introduce regulati ons to meet legitimate public policy objectives. 
4.2  Denial of benefits 
4.4.  A Party may deny the benefits of Title IV to  juridical persons of a Party, otherwise covered by 
the Agreement, in case such juridical person has only its registered office or central administration in the territory of a Party and it has not a real and continuous link with the economy of that Party. 
Nevertheless, shipping companies established outside the EU or Colombia or Peru but controlled by 
nationals of an EU Member State or of Colombia or of Peru, respectively, shall also benefit from 
the provisions of Title IV, if their vessels are registered in accordance with the respective 
legislation of the EU member State or  Colombia or Peru and fly its flag. 
4.3  General provisions on trade in services 
4.3.1  National treatment and MFN 4.5.  Under Article 113 (in relation to establishment) and Article 120 (in relation to cross-border 
supply of services), national treatment is granted, by Colombia and Peru to the EU
48, and by the 
EU to Colombia and Peru, for the sectors for which market access commitments are listed in Annex VII and subject to the reservations and limitations that are listed in relation to national 
treatment. Articles 113 and 120 specify also that the specific commitments assumed under the 
provisions on national treatment shall not be construed to require any Party to compensate for inherent competitive disadvantages which result from the foreign character of the relevant investors. 
4.6.  The Agreement contains neither an MFN provision nor any specific rule granting automatic 
extension to third parties of benefits granted to a Party to the Agreement.  
4.3.2  Market access 
4.7.  Each Party shall accord services and serv ice suppliers of another Party treatment no less 
favourable than that provided for in the specific commitments listed in Annex VIII ( commitments on cross-border supply of services) or in Annex VII (List of commitments on establishment). In 
sectors where market access commitments are undertaken, the measures which a Party shall not 
maintain or adopt are defined as: (i) limitations on the number of services suppliers; (ii) limitations on the total value of services transactions or assets; and (iii) limitations on the total number of service operations or on the total quantity of service output
49 (Article 119). With 
respect to establishment only, measures which a Party shall not maintain or adopt include, , are: 
(i) limitations on the number of establishments; (ii) limitations on the total value of transaction or assets; (iii) limitations on the total number of operations or on total quantity of output
50; 
(iv) limitation on the total number of natural persons that may be employed in a particular 
economic activity or that an establishment may employ; (v) limitations up to a maximum percentage limit on foreign shareholding or the total value of individual or aggregate foreign 
investment; and (vi) measures which restrict or require specific types of establishment or joint 
ventures through which an investor of anot her Party may perform an economic activity 
(Article 112). 
4.3.3  Commercial presence 
4.8.  Following the traditional articulation of the EU internal structure, also applied in many of its 
RTAs, a section of Title IV of the Agreement is devoted to establishment, which reflects the provision of services through mode 3 under the GATS framework. Sectors committed by each 
Party pursuant to Chapter 2, as well as any reservation or limitation on market access and/or 
                                               
48 The rights which can be derived for the services and service suppliers of the EU from the obligations 
of Peru under the GATS remain fully enforceable within the framework of the WTO, pa rticularly as concerns the 
application of principles of "like services and servic e suppliers" as include in Article XVII of the GATS. 
49 Not applicable to measures taken to limit inputs for the supply of services. 
50 (i), (ii) and (iii) are not applic able to measures taken to limit th e production of an agricultural 
product. WT/REG333/1 
 
- 31 - 
 
  national treatment applicable to establishments and investors of another Party in those sectors are 
listed in Annex VII (commitments on establishment). 
4.9.  Chapter 2 of Title IV does not cover provisio ns on investment protection, such as provisions 
relating to expropriation and fair and equitable treatment, nor does it cover investor-State dispute 
settlement procedures (footnote 22, Article 111). Mo reover, nothing in title IV shall be construed 
as limiting the rights and obligations of the Parties and of their investors established in any existing or future international agreement relati ng to investment to which an EU member State 
and Colombia and/or Peru are parties. Notwit hstanding this, any dispute settlement mechanism 
established under any existing or future international agreement relating to investment to which one of the Parties adheres or will adhere shall not be applicable to alleged breaches of the Agreement. Still in connection with investment, the Agreement establishes that with a view to a 
progressive liberalisation of investments, the EU , Colombia and Peru shall seek to promote an 
environment attractive for reciprocal investment within their respective spheres of competence 
(Article 116). Such promotion shall lead to cooperation that shall include, among others, the 
review of the investment legal framework, the investment environment and the flow of 
investments between the Parties. This review shall take place no later than five years following the entry into force of the Agreement and subsequently at regular intervals.  
4.3.4  Performance requirements 
4.10.  The Agreement itself does not contain any specific provision related to performance 
requirements. The Parties' respective lists of specific commitments however contain reservations made in that regard.   
4.3.5  Movement of natural persons 
4.11.  Chapter 4 of Title IV of the Agreement applies to any measure of a Party concerning the 
entry and temporary stay in its territory of key personnel and graduate trainees (Article 124); 
business services sellers (Article 125); contract ual service suppliers (Article 126); independent 
professionals (Article 127); and short term visitors for business purposes (Article 128). 
4.12.  In relation to "key personnel" (intra-c orporate transferees and business visitors) and 
"graduate trainees", each Party shall allow investors of another Party to employ in their 
establishment natural persons of that other Party for every sector in which they have commitments in accordance with Chapter 2 of Titl e IV (establishment) and subject to reservations 
in Annex VII (commitments on establishment) or in Appendix I of Annex IX (reservations 
regarding temporary presence of natural persons for business purposes).
51  
4.13.  With regard to "business services sellers", each Party shall allow the entry and temporary 
stay of business services sellers, for every sector in which it has commitments in accordance with 
Chapter 2 of Title IV (establishment) of Chapter 3 (cross-Border supply of services) and subject to 
reservations listed in Annex VII (commitments  on establishment) and VIII (commitments on 
cross-border supply of services).  
4.14.  The Parties also reaffirm their respective rights and obligations under the GATS as regards 
the entry and temporary stay of "contractual serv ices suppliers" and "independent professionals". 
For contractual service suppliers, the supply of services in the territories of the respective Parties is permitted for the sectors identified in Article 126 (paragraphs 2 and 3 respectively for trade 
between Colombia and the EU and between Peru and the EU) subject to the conditions specified in 
paragraph 4 of Article 126 and Appendix 2 of Annex IX (reservations regarding temporary presence of natural persons for business purposes ). For independent professionals, the supply of 
services in the territories of the respective Parties is permitted for the sectors identified in 
Article 127 (paragraphs 2 and 3, respectively, for trade between Colombia and the EU and between Peru and the EU) subject to the conditions in paragraph 4 of Article 127 and Appendix 2 
of Annex IX (reservations regarding temporary presence of natural persons for business 
purposes).  
                                               
51 The measures which a Party shall not maintain or adopt are defined as discri minatory limitations and 
as limitations on the total number of natural person s that an investor may employ as key personnel and 
graduate trainees in a specific sector in the form of numerical quotas or a requir ement of an economic needs 
test. WT/REG333/1 
 
- 32 - 
 
  4.15.  In addition, the Agreement records the Partie s' best endeavour to facilitate, in conformity 
with their respective legislation, the entry and temporary stay in their territories of short terms visitors for business purposes with a view to carrying out the activities in Article 128.  
4.16.  While Chapter 4 of Title IV contains the Parties' commitments on temporary presence of 
natural persons for business purposes, it shall not apply to measures affecting natural persons 
seeking access to the employment market of a Party, nor shall it apply to measures regarding citizenship, residence or employment on a permanent basis. Moreover, the Agreement does not 
prevent a Party from applying measures to regulate the entry of natural persons into, or their 
temporary stay in, its territory provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to any Party under the terms of a specific commitment under the Agreement.
52 
4.4  Liberalization commitments 
4.17.  The Parties' commitments in the Agreement are largely modelled on their GATS schedules 
with respect to the sectoral classification and the separation of sector specific horizontal 
limitations, following a "positive list" approach. In the Agreement the Parties also generally build 
their commitments on those in their GATS sched ules, although in certain cases some GATS 
commitments are not incorporated into the Agreement. As described below, for certain sectors 
(and sub-sectors) coverage is nevertheless enlarg ed, while, for a number of sectors (sub-sectors) 
already covered, new commitments are made and/ or certain GATS-limitations are withdrawn. 
4.18.  The schedules of specific commitments for each Party attached to the Agreement are 
contained in Annexes VII (commitments on es tablishment) and VIII (cross-border supply of 
services); while Annex IX lists the mode 4 related reservations for each Party liberalised economic 
activities.  
4.19.  The sections below compare the Parties' liberalization commitments under the Agreement 
and their GATS commitments. Each Party's GATS sched ule is compared to Annex VIII in relation to 
modes 1 and 2, to Annex VII in relation to mode 3,  and to Annex IX in relation to mode 4. After 
recalling GATS MFN exemptions and identifying horizontal limitations in the GATS and in the 
Agreement, Tables 4.1 4.2 and 4.3 summarize specific commitments under the Agreement, by 
main sectors and sub-sectors and compare them  with GATS commitments. Improvements over 
existing GATS commitments are either a reductio n of the limitations to market access and/or 
national treatment, a relaxation of the form of  establishment under mode 3, and/or additional 
commitments. However, horizontal limitations in the GATS Schedule of Specific Commitments and 
reservations covering all sectors in Annexes VII, VIII and IX of the Agreement are not included in 
the Tables. Moreover, mode 4 commitments and limitations are, to a large extent, excluded from 
these Tables. 
4.4.1   The European Union 4.4.1.1  Sector specific commitments 
4.20.  In its GATS schedule, the EU took co mmitments in 115 out of 155 services sectors
53.The EU 
has scheduled extensive commitments in a number of sectors, subject, in certain cases, to 
limitations by all or some individual EU Me mber States. The EU did not make commitments, 
inter alia , for certain professional services related to medical and paramedical sub-sectors, postal 
and audio-visual services, some recreational and cultural and sporting services and some activities 
in transport services.  
                                               
52 V i s a  r e q u i r e m e n t s  s h a l l  n o t  b e  r e g a r d e d  a s  n u llifying or impairing benefits under a specific 
commitment. 
53 The GATS schedule for EU-25 was certified on 18 December 2006 (S/L/286) and is contained in 
document S/C/W/273, and Add.1 and Suppl.1. For ease of reference, comparisons made between the EU's 
commitments under the Agreement and its GATS schedule are based on the EU(25) GATS schedule. This 
consolidated schedule has not yet entered into force beca use the ratification process has not been completed in 
a number of EU Member States. The GATS EU(27) and/or  EU(28) schedules have not yet been certified.  WT/REG333/1 
 
- 33 - 
 
  4.21.  It also has a number of MFN exemptions under the GATS.54 However, as no MFN clause, 
amounting to a "most-favourable-preferential-partner exemption", is contained in the Agreement, this is only mentioned pro memoria . 
4.22.  While the EU made separate, and slightly different, commitments for related to market 
access in goods with regard to each Party, in the case of trade in services, the EU's specific 
commitments are identical for Colombia and Peru an d are therefore contained in one single set of 
schedules. The EU specific commitments are in Sections B of Annexes VII (commitments on 
establishment), VIII (commitments on cross-border  supply of services), and IX (reservations on 
temporary presence of natural persons for business purposes, in connection to Article 124 of the Agreement).   
4.23.  Under the Agreement, as under the GATS, the EU registers, inter alia , a horizontal "public 
utilities carve-out"
55, on the form of certain legal entities, and a carve-out for subsidies and grants. 
Moreover the Agreement lists horizontal reservat ions registered under the GATS by individual 
EU Member States concerning other conditions for commercial presence (mode 3), certain real 
estate purchases, some exchange regimes, as well as limitations on certain industrial, commercial 
or artisanal activities. The EU has listed in the GATS some reservations concerning certain 
measures relating to qualification requirements and procedures, technical standards and licensing 
requirements and procedures. Those measures (e.g. need to obtain a licence, universal service 
obligations, need to obtain recognition of qualifications in regulated sectors and need to pass specific, including language, examinations) are also reserved in the Agreement, in relation to services and service suppliers of Colombia and/or Peru. The rights and obligations arising from the 
lists have no self-executing effect and thus confer no rights directly to natural or juridical persons. 
As far as the temporary presence of key personnel, graduate trainee, contractual service suppliers 
and independent professionals is concerned, the EU commitments, similar to those in the GATS, 
are subject to the limitations in Annex IX to the Agreement. The following section identifies some 
of the main differences, by sector, between th e EU's GATS schedule and its sector-specific 
commitments under the Agreement. It should also be read in conjunction with Annexes VII and 
VIII (and, when appropriate Annex IX) of the Agreem ent. There is, as yet, no certified EU(27) or 
EU(28) List of Specific Commitments, consolidated to take into account the latest EU enlargements. These specificities and limitations should be kept in mind.  
Table 4.1 European Union: comparison between the GATS and Agreement specific 
commitments in trade in services
 
Sectors (CPC Classification) GATS FTA 
Compared to the GATS, sectoral 
commitments, except as indicated in 
Annex IX (FTA horizontal 
reservations) 
Establishment 
(Annex VII) Cross-border 
supply in services 
(Annex VIII) 
1. Business services    
A. Professional Services Partial Improved Improved  
B. Computer and Related Services  Partial Improved Improved  
C. Research and Development Services  Partial Improved Improved  
D. Real Estate Services  Partial Improved  Improved  
E. Rental/Leasing Services without Operators  Partial Improved  Improved  
F. Other Business Services Partial Improved  Improved  
2. Communication services     
A. Postal services --- New New 
B. Courier services Partial Improved  Improved  
C. Telecommunication services  Partial Improved  Improved  
D. Audiovisual services --- Similar Similar 
3. Construction and related engineering services     
A. General construction work for buildings Partial Improved  Improved  
B. General construction work for civil Engineering Partial Improved  Improved  
C. Installation and assembly work  Partial Improved  Improved  
D. Building completion and finishing work  Partial Improved  Improved  
E. Other --- New New 
                                               
54 Based on the EU(12) list of MFN exemptions. MF N exemptions have also been scheduled by the 
17 countries which acceded to the EU since 1995. 
55 The EU commitments are without prejudice to the ex istence of public  monopolies and exclusive rights 
as described in the list of commit ments on establishment (Annex VII). WT/REG333/1 
 
- 34 - 
 
  Sectors (CPC Classification) GATS FTA 
Compared to the GATS, sectoral 
commitments, except as indicated in 
Annex IX (FTA horizontal 
reservations) 
Establishment 
(Annex VII) Cross-border 
supply in services 
(Annex VIII) 
4. Distribution services    
A. Commission agents' services Partial Improved  Improved  
B. Wholesale trade services Partial Improved  Improved  
C. Retailing services Partial Improved Improved  
D. Franchising Partial Improved  Improved  
5. Education services    
A. Primary education services Partial Similar Similar 
B. Secondary education services  Partial Similar Similar 
C. Higher education services  Partial Similar Similar 
D. Adult education Partial Similar Similar 
E. Other education services  --- New New 
6. Environmental services    
A. Sewage services Partial Improved  Improved 
B. Refuse disposal services Partial Improved  Improved 
C. Sanitation and similar services  Partial Improved  Improved 
D. Other Partial Improved  Improved 
7. Financial services    
A. All insurance and insurance-related services  Partial Improved  Improved  
B. Banking and other financial services Partial Improved  Improved  
8. Health related and social services    
A. Hospital services Partial Improved Improved  
B. Other Human Health Services Partial  Improved Improved 
C. Social Services Partial  Improved  Improved  
D. Other Partial  Similar Similar 
9. Tourism and travel related services     
A. Hotels and restaurants (including catering) Partial Improved  Similar 
B. Travel agencies and tour operators services Partial Improved  Improved  
C. Tourist guides services Partial Similar Improved  
10. Recreational and cultural and sporting services     
A. Entertainment services Partial Similar Similar 
B. News agency services Partial Improved  Improved  
C. Libraries, archives, museums and other cultural 
services Partial Similar Similar 
D. Sporting and other recreational services  Partial Improved Improved  
11. Transport services     
A. Maritime Transport Services Partial Improved  Improved  
B. Internal Waterways Transport Partial Improved Improved 
C. Air Transport Services Partial Similar Similar 
D. Space Transport  --- Similar Similar 
E. Rail Transport Services Partial Improved  Improved  
F. Road Transport Services Partial Improved  Improved  
G. Pipeline Transport  Partial Improved  Improved  
H. Services auxiliary to all modes of transport  Partial Improved Improved 
I. Other Transport Services  Partial Similar Similar 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments / limitations not considered in 
 the Table. Partial:  GATS commitments subject to some limitation (s) under market access or national treatment, under 
any of the three modes. 
Full: GATS commitments not subject to limitation(s) under market access or national treatment, under 
any of the three modes. 
---: No commitments under GATS. New: New commitments made under the Agreement (Full or partial, with or without limitations). "New" 
can, in most but not all cases, be seen as "improved". 
Improved: Overall improved commitments made under th e Agreement as compared to those under the GATS. 
Similar: Similar commitments (Agreement vs GATS); though possibly, in specific individual cases, with 
limited improvements and/or li mited additional reservations. 
Limited: Some additional limitations (as compared to GATS commitments) 
Source:  Draft Consolidated GATS Schedule of Specific Commitments (S/C/W/273/Suppl.1), communicated by 
the EU (in 2006), which does not cover the result of the 2007 and further EU enlargements, and Annex 7 under the Agreement. The comparison only concerns modes 1-3, market access and national treatment, and additional commitments; it does not concern the issues of mode 4. WT/REG333/1 
 
- 35 - 
 
  4.4.1.1.1  Business services 
4.24.  The EU builds on its GATS commitments and enlarges the scope to cover also, inter alia, 
home country law for some legal services (as long as the lawyer is qualified to practice). A number of individual EU Member States' limitations are withdrawn in accounting services, integrated 
engineering services, urban planning and landscape architecture as well as for medical services, 
pharmaceutical retail sales of drugs, scientific consulting, computer services, real estate services, rental of certain transport equipment, market re search, management consulting, technical testing 
and analysis, advisory and consulting services for agriculture, fishing and manufacturing. 
Nevertheless certain horizontal limitations remain, for instance for real estate. 
4.4.1.1.2  Communication services 4.25.  The EU opens, partly and subject to some  limitations, postal services and enlarges its 
coverage for courier services (unbound for postal services and only partially covered for courier 
services under the GATS). It also improves ma rket access for telecommunication sub-sectors, 
while dropping the remaining national treatment lim itations of some EU member States. As under 
the GATS, these services do not cover the econom ic activity of the provision of content which 
requires telecommunications services for its transport. Moreover, in the case of satellite broadcast transmission services, the service providers may be subject to the obligation to safeguard general 
interest objectives related to the conveyance of co ntent through their network in line with the EU's 
regulatory framework for electronic communica tions. The EU undertakes no commitments in 
audiovisual services, as under the GATS. 
4.4.1.1.3  Construction and related engineering services 
4.26.  The EU improves its GATS commitments by  enlarging the coverage of its commitments and 
withdrawing some limitations on market access and national treatment for modes 1 and 2 and by facilitating establishment for the other Party's service providers. It also drops a number of 
limitations by individual EU Member States, including for the provision of services through mode 3 
4.4.1.1.4  Distribution services 4.27.  Some improvements are made in particular in relation to the establishment of the other 
Party's service providers. While a number of individual EU Member States' limitations are dropped, 
restrictions in some Member States, relating to the establishment of department stores and the distribution of tobacco and tobacco products, alcoholic beverages, and pharmaceuticals are maintained under the Agreement. 
4.4.1.1.5  Educational services 
4.28.  Commitments in educational services, as under the GATS, are limited to privately funded 
services and are largely built on the GATS Schedule. A number of EU Member States maintain 
most education services sub-sectors as unbound and the participation of private operators in the 
education network is subject to concessions.  
4.4.1.1.6  Environmental services 
4.29.  EU commitments are, to a large extent, based upon its GATS commitments. Commitments 
on establishment and on cross-border supply of some services (such as in consulting services) are improved from those under the GATS. 
4.4.1.1.7  Financial services 
4.30.  Largely based upon its GATS commitm ents, the EU's commitments constitute an 
improvement for the Parties' services providers, essentially through the removal of some of the 
individual EU Member States' restrictions for insurance and banking services.  WT/REG333/1 
 
- 36 - 
 
  4.4.1.1.8  Health relate d and social services 
4.31.  Some limitations under the GATS are removed,  in the context of the ov erall simplification of 
EU commitments, while most EU Member States ma intain mode 1 unbound for hospital services, 
residential health facilities other than hospital services and social services. Other health related 
services (covered under the GATS) are not covered by the Agreement. However, it should be 
noted that the classification in the agreement fo r the Health sector does not mirror the one in 
GATS, and direct comparison is therefore difficult.  
4.4.1.1.9  Tourism and travel related services 
4.32.  The EU reduces the number of some of its Member State limitations, resulting in a partial 
improvement for establishment (for hotels and restaurants as well as travel agencies and tour operator services) and for cross-border supply of services (for travel agencies, tour operator 
services and tourist guides services).  
4.4.1.1.10  Recreational, cult ural and sporting services 
4.33.  The EU builds on its GATS commitments particularly in relation to new agency services and 
sporting and recreational services. 
4.4.1.1.11  Transport services 4.34.  The EU undertakes a number of commitments in some transport services subsectors or for 
certain activities, for which it has no GATS commitments. This is the case, with limitations by a 
number of EU Member States, in sub-sectors such as certain maritime transport, internal waterways transport, rail transport services, supporting services for road transport, pipeline transport as well as some services auxiliary to all modes of transport. 
4.4.1.1.12  Other services not included elsewhere 
4.35.  As under the GATS, the EU replicates under the Agreement specific commitments in certain 
sub-sectors in distribution, telecommunications or transport services (such as some energy-related 
services or some telecommunications connection services) or not included elsewhere (such as 
some beauty-related services) 
4.4.2  Colombia 
4.4.2.1  Sector specific commitments 
4.36.  In its GATS schedule, Colombia took commitments in 57 out of 155 services sectors. It has 
GATS commitments in some business services, communication services, construction, some environmental services, financial services and some tourism and related services. No commitments 
were made in other sectors. Colombia also has MFN exemptions in the GATS in relation to certain 
measures related to telecommunications, audiovisual and security services; financial services and road transport. The Agreement does not contain an MFN provision. 
4.37.  Under the GATS, Colombia has horizontal restrictions only in mode 3. It also has 
GATS reservations prohibiting foreign investment in waste disposal services and the acquisition by foreigners of land and real estate in border and insular areas. Nationality restrictions for staff and 
specialized staff of a company with more than 10 employees are also contained in Colombia's 
GATS schedule. Under the Agreement, and in relation to mode 3 commitments, Colombia lists tax on remittances of profits by foreign corporations; limitations on ownership of real estate by foreigners in certain geographical areas; and restrictions on investment in activities related to 
national defence and the processing and disposal of certain toxic, hazardous or radioactive waste. 
In relation to Colombian commitments on cross-border supply of services, foreign companies with a concession from the government must establish a branch in Colombia; and foreign investors can 
make portfolio investments in securities in Colombia only through a foreign investment fund. The 
acquisition of shares and assets of an existing State enterprise or governmental entity is also restricted. Individuals willing to provide services in the free port of San Andres , Providencia  and 
Santa Catalina , must have their main office in that region. Moreover, Colombia reserves the right WT/REG333/1 
 
- 37 - 
 
  to grant any measure that benefits socially or economically disadvantaged minorities and ethnic 
groups. Some of these particular reservations have a quasi-horizontal character as they are applicable to most, but not all, specific commitments. Furthermore, Colombia's commitments are without prejudice to the existence of pu blic monopolies and exclusive rights.  
4.38.  The following section identifies some of th e main differences, by sector, between Colombia's 
GATS schedule and its sector-specific commitments und er the Agreement. It should also be read in 
conjunction with Annexes VII and VIII (and, wh en appropriate Annex IX) of the Agreement. 
Table 4.2 Colombia: comparison between  the GATS and Agreement specific 
commitments in trade in services 
Sectors (CPC Classification) GATS FTA 
Compared to the GATS, sectoral 
commitments, except as indicated 
in Annex IX (FTA horizontal 
reservations) 
Establishment 
(Annex VII) Cross-border 
supply in 
services (Annex 
VIII) 
1. Business services    
A. Professional Services Partial Improved Improved 
B. Computer and Related Services  Partial Improved Improved 
C. Research and Development Services  --- New New 
D. Real Estate Services  --- New New 
E. Rental/Leasing Services without Operators  Partial Improved Improved 
F. Other Business Services Partial Improved Improved 
2. Communication services     
A. Postal services --- New New 
B. Courier services --- New New 
C. Telecommunication services  Partial Improved Improved 
D. Audiovisual services --- Similar Similar 
3. Construction and related engineering services     
A. General construction work for buildings Partial Improved Improved 
B. General construction work for civil Engineering Partial Improved Improved 
C. Installation and assembly work  Partial Improved Improved 
D. Building completion and finishing work  --- New Improved 
E. Other Partial Improved Improved 
4. Distribution services    
A. Commission agents' services --- New New 
B. Wholesale trade services --- New New 
C. Retailing services --- New New 
D. Franchising --- New New 
5. Education services    
A. Primary education services --- Similar Similar 
B. Secondary education services  --- Similar Similar 
C. Higher education services  --- Similar Similar 
D. Adult education --- New New 
E. Other education services  --- Similar Similar 
6. Environmental services    
A. Sewage services --- New New 
B. Refuse disposal services --- New New 
C. Sanitation and similar services  --- New New 
D. Other Partial Improved Improved 
7. Financial services    
A. All insurance and insurance-related services  Partial Improved Improved 
B. Banking and other financial services Partial Improved Improved 
8. Health related and social services    
A. Hospital services --- Similar Similar 
B. Other Human Health Services --- Similar Similar 
C. Social Services --- Similar Similar 
D. Other --- Similar Similar WT/REG333/1 
 
- 38 - 
 
  Sectors (CPC Classification) GATS FTA 
Compared to the GATS, sectoral 
commitments, except as indicated 
in Annex IX (FTA horizontal 
reservations) 
Establishment 
(Annex VII) Cross-border 
supply in 
services (Annex 
VIII) 
9. Tourism and travel related services     
A. Hotels and restaurants (including catering) Partial Improved Improved 
B. Travel agencies and tour operators services Partial Improved Improved 
C. Tourist guides services --- New New 
10. Recreational and cultural and sporting services     
A. Entertainment services --- New New 
B. News agency services --- New New 
C. Libraries, archives, museums and other cultural 
services --- New New 
D. Sporting and other recreational services  --- New New 
11. Transport services     
A. Maritime Transport Services --- New New 
B. Internal Waterways Transport --- New New 
C. Air Transport Services --- New New 
D. Space Transport  --- Similar Similar 
E. Rail Transport Services --- New New 
F. Road Transport Services --- New New 
G. Pipeline Transport  --- New Similar 
H. Services auxiliary to all modes of transport  --- New New 
I. Other Transport Services  --- Similar Similar 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments / limitations not considered in 
the Table. 
Partial:  GATS commitments subject to some limitation (s) under market access or national treatment, under 
any of the three modes. 
Full: GATS commitments not subject to limitation(s) under market access or national treatment, under 
any of the three modes. 
---: No commitments under GATS. New: New commitments made under the Agreement (Full or partial, with or without limitations). "New" 
can, in most cases, be seen as "improved". 
Improved: Overall improved commitments made under th e Agreement as compared to those under the GATS. 
Similar: Similar commitments (Agreement vs GATS); though possibly, in specific individual cases, with 
limited improvements and/or li mited additional reservations. 
Limited: Some additional limitations (as compared to GATS commitments) 
Source:  Draft Consolidated GATS Schedule of Specific Commitments (S/DCS/W/COL), prepared by the 
Secretariat (in 2003) and Colombia's Schedules annexed to the Agreement.  
4.4.2.1.1  Business services 
4.39.  As compared to its GATS commitments, Colombia enlarges the covered scope for this sector 
in terms of sub-sectors covered. This is particul arly the case, under mode 3, for legal services, 
engineering, veterinary services, research and development, real estate services as well as in a 
number of services under other business services. The coverage for modes 1 and 2 is also improved, for instance, to include accounting services, architecture, engineering, veterinary, 
research and development, real estate, rental an d some other business services. The scope is also 
enlarged in the cases where Colombia registers fewer, or no, limitations than under the GATS. In some cases, those limitations are formulated differently than under the GATS. Some of the above-mentioned "horizontal limitations", which are not included under the GATS (such as 
limitations related to the protection of minorities or local culture) apply however to some of the 
sectors included in Colombia's schedule. 
4.4.2.1.2  Communication services 
4.40.  In relation to postal and courier servic es, not covered under the GATS, some commitments 
are made for all modes, though with a number of  limitations which an improvement as compared 
to Colombia's GATS commitments. WT/REG333/1 
 
- 39 - 
 
  4.41.  While the telecommunication sector is pa rtly covered under the GATS, Colombia increases 
the coverage of its commitments, particularly for mode 3, while the registered limitations are drafting differently than under the GA TS (in particular for modes 1 and 2). 
4.42.  Audiovisual services, not covered under the GATS, remain unbound under the Agreement. 
Similarly, broadcasting aspects of the telecommunication subsector are, as under GATS, unbound.  
4.4.2.1.3  Construction and related engineering services 4.43.  Under the Agreement, Colombia improves the overall coverage of the sub-sectors, as 
compared to its GATS commitments. While it does not register specific limitations for the entire 
sector, it however cross-references a number of the above-mentioned "horizontal limitations", though some of them are not specifically referenced in its GATS commitments. 
4.4.2.1.4  Distribution services 
4.44.  Colombia has no commitments under the GATS. It is covered under the Agreement, though 
with some specific and horizontal limitations. 
4.4.2.1.5  Educational services 
4.45.  There are no commitments under the GATS. Adult educations services (only with regard to 
privately funded services) are now covered under the Agreement, with some limitations. 
4.4.2.1.6  Environmental services 
4.46.  While the whole sector is unbound under the GATS, under the Agreement some 
commitments are made. For modes 1 and 3, a market access limitation is however registered for services established or maintained for a public purpose. Moreover, national treatment remains unbound for mode 1 in relation to waste wa ter services and refuse disposal services. 
4.4.2.1.7  Financial services 
4.47.  The sector is only partly covered under the GATS, with a number of limitations. Under the 
Agreement, Colombia, as under the GATS, bases its commitments on the Annex on Financial 
Services. It improves its commitment by allowing the establishment of branches, after a four year 
transition period, for banks and insurance companies. While the limitations applicable horizontally to the sector are drafted differently than under the GATS, Colombia registers a new economic 
needs test. As compared to its GATS commitments, the coverage is essentially similar for mode 3 
with regard to insurance, while it is improved for some banking sub-sectors. For mode 1 life and non-life insurance remains unbound.  Coverage is  however improved for mode 2, though with 
some limitations. 
4.4.2.1.8  Health relate d and social services 
4.48.  The whole sector, not covered under the GATS, remains unbound. 4.4.2.1.9  Tourism and travel related services 
4.49.  All sub-sectors are covered under the Agreement, while tourist guides services are unbound 
under the GATS. While there are no specific restri ctions, some of the above-mentioned "horizontal 
limitations", not all under the GATS, are applicable.  
4.4.2.1.10  Recreational, cult ural and sporting services 
4.50.  While the whole sector is unbound under the GATS, Colombia makes commitments for all 
sub-sectors, with some restrictions, while certain activities remain unbound. WT/REG333/1 
 
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  4.4.2.1.11  Transport services 
4.51.  No commitments are made under the GATS. Under the Agreement, all sub-sectors, except 
space transport are, sometimes only partially, covered. Transport services (as well as some 
distribution services) related to energy are handled specifically. In particular a number of activities 
related to exploration and exploitation of minerals  and hydrocarbons, and associated services such 
as transport, are specifically restricted.  
4.4.3  Peru 
4.4.3.1  Sector specific commitments 
4.52.  In its GATS schedule, Peru took commitments in 49 out of 155 services sectors. Peru made 
commitments in some subsectors classified under business services, communication services, distribution, financial services, tourism and travel related services as well as some recreational and 
cultural and sporting services and certain transport sub-sectors. It did not make commitments for 
some entire sectors such as construction, education, environmental and health related and social services.  
4.53.  Peru's horizontal limitations cover mainly modes 3 and 4 (the other modes not being 
covered in most cases) with limitations on the form and modalities applicable to commercial presence and foreign investment, including on the repatriation of capital by foreign companies 
established in Peru, as well as, inter alia , limitations of up to 20% on foreigners employed in 
enterprises established through foreign invest ment. Under the Agreement, Peru registers 
horizontal limitations covering national treatment with regard to rights or preferences granted to socially or economically disadvantaged minorities  and ethnic groups, as well as the provision of 
social services for a public purpose. It is also recalled that subsidies are excluded from the 
coverage of the Agreement and that specific conditions apply to the form of legal entities which may benefit from the Peru's commitments. Peru moreover reserves the right to adopt or maintain 
any measures at a local level of government, a reservation which is not under its GATS 
commitments. Other general limitations, applicable for all sectors, reserve investment for nationals in a frontier area of 50 kms and require that all em ployers in Peru, independently of their activities 
or nationality, shall give preferential treatment to nationals when hiring, and that at least 80% of 
the staff of a company established in Peru be Peruvian, representing at least 70% of the total payroll of the company. That limitation is al so reflected in the Agreement's market access 
limitations, which are generally unbound with respect to mode 4 but which in any case remain 
subject to that requirement, as indicated in Annex IX. 
4.54.  The following section identifies some of the main differences, by sector, between Peru's 
GATS schedule and its sector-specific commitments und er the Agreement. It should also be read in 
conjunction with Annexes VII and VIII (and, wh en appropriate Annex IX) of the Agreement. 
Table 4.3 Peru: comparison between the GATS and Agreement specific commitments in 
trade in services 
Sectors (CPC Classification) GATS FTA 
Compared to the GATS, sectoral 
commitments, except as indicated in 
Annex IX (FTA horizontal 
reservations) 
Establishment 
(Annex VII) Cross-border 
supply in services 
(Annex VIII) 
1. Business services    
A. Professional Services Partial Improved Improved 
B. Computer and Related Services  --- New New 
C. Research and Development Services  --- New New 
D. Real Estate Services  --- New New 
E. Rental/Leasing Services without Operators  Partial Improved Improved 
F. Other Business Services Partial Improved Improved 
2. Communication services     
A. Postal services --- New New 
B. Courier services --- New New 
C. Telecommunication services  Partial Similar Improved 
D. Audiovisual services --- Similar Similar WT/REG333/1 
 
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  Sectors (CPC Classification) GATS FTA 
Compared to the GATS, sectoral 
commitments, except as indicated in 
Annex IX (FTA horizontal 
reservations) 
Establishment 
(Annex VII) Cross-border 
supply in services 
(Annex VIII) 
3. Construction and related engineering services     
A. General construction work for buildings --- New New 
B. General construction work for civil Engineering --- New New 
C. Installation and assembly work  --- New New 
D. Building completion and finishing work  --- New New 
E. Other --- New New 
4. Distribution services    
A. Commission agents' services --- New New 
B. Wholesale trade services Partial Similar Improved 
C. Retailing services Partial Similar Improved 
D. Franchising --- New New 
5. Education services    
A. Primary education services --- New Similar 
B. Secondary education services  --- New Similar 
C. Higher education services  --- New Similar 
D. Adult education --- New Similar 
E. Other education services  --- New Similar 
6. Environmental services    
A. Sewage services --- New New 
B. Refuse disposal services --- New New 
C. Sanitation and similar services  --- New New 
D. Other --- New New 
7. Financial services    
A. All insurance and insurance-related services  Partial Improved Improved 
B. Banking and other financial services Partial Improved Improved 
8. Health related and social services    
A. Hospital services --- Similar Similar 
B. Other Human Health Services --- Similar Similar 
C. Social Services --- Similar Similar 
D. Other --- Similar Similar 
9. Tourism and travel related services     
A. Hotels and restaurants (including catering) Partial Improved Improved 
B. Travel agencies and tour operators services Partial Improved Improved 
C. Tourist guides services --- New New 
10. Recreational and cultural and sporting services    
A. Entertainment services Partial Similar Similar 
B. News agency services --- New New 
C. Libraries, archives, museums and other cultural 
services --- New New 
D. Sporting and other recreational se rvices  Partial Improved Improved 
11. Transport services     
A. Maritime Transport Services Partial Improved Improved 
B. Internal Waterways Transport Partial Improved Improved 
C. Air Transport Services --- New New 
D. Space Transport  --- New New 
E. Rail Transport Services --- New New 
F. Road Transport Services --- New Similar 
G. Pipeline Transport  --- New New 
H. Services auxiliary to all modes of transport  --- New New 
I. Other Transport Services  --- New New 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments / limitations not considered in 
 the Table. Partial:  GATS commitments subject to some limitation (s) under market access or national treatment, under 
any of the three modes. 
Full: GATS commitments not subject to limitation(s) under market access or national treatment, under 
any of the three modes. 
---: No commitments under GATS. 
New: New commitments made under the Agreement (Full or partial, with or without limitations). "New" 
can, in most cases, be seen as "improved". 
Improved: Overall improved commitments made under th e Agreement as compared to those under the GATS. 
Similar: Similar commitments (Agreement vs GATS); though possibly, in specific individual cases, with 
limited improvements and/or li mited additional reservations. 
Limited: Some additional limitations (as compared to GATS commitments) Source:  Draft Consolidated GATS Schedule of Spec ific Commitments (S/DCS/W /PER), prepared by the 
Secretariat (in 2003) and Peru's Schedules annexed to the Agreement.  WT/REG333/1 
 
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  4.4.3.1.1  Business services 
4.55.  While under the GATS Peru has made partial commitments in professional services, rental 
and leasing, and other business services, under the Agreement, it covers the whole business 
services sector, though with a number of limitations. For mode 3, despite the difference in 
presentation of market access and national treatment restrictions (including the introduction of 
some residency limitations for some business activities), the coverage is overall enlarged in the Agreement. Improvements are also notabl e for modes 1 and 2 in all sub-sectors. 
4.4.3.1.2  Communication services 
4.56.  With regard to postal and courier services, unbound under the GATS, Peru makes some 
commitments, with limitations. 
4.57.  In relation to telecommunication services, coverage is improved compared to the GATS, for 
all modes but particularly for mode 3. The specific telecommunications section in Title IV contains 
Parties' commitments that go beyond the GATS Reference Paper  
4.58.  Audiovisual services, not covered under th e GATS, remain unbound under the Agreement.  
4.4.3.1.3  Construction and related engineering services 
4.59.  No commitments are made in the GATS for the sector but the Agreement covers the sector 
without any reservation for modes 1, 2 and 3. 
4.4.3.1.4  Distribution services 
4.60.  Under the GATS, Peru has partial commitmen ts for wholesale trade services and retailing 
services. Under the Agreement, it goes beyond by making commitments also in commission agents' services and franchising. Peru fully commits in mode 1, 2 and 3, however, with a market 
access reservation for commercial presence for some activities related to hydrocarbons 
(commission agents' services and wholesale trade services). 
4.4.3.1.5  Educational services 
4.61.  The entire sector is unbound under the GATS. Under the Agreement, Peru maintains the 
status quo for modes 1 and 2 (unbound), but make a full commitment without limitation on national treatment for mode 3 while market  access also remains unbound for mode 3. 
4.4.3.1.6  Environmental services 
4.62.  This sector, fully unbound under the GATS, is partially covered under the Agreement. While, 
for mode 1, the entire sector except consulti ng services, remains unbound, for mode 2, Peru 
commits to full coverage without reservation. For mode 3, only sewage services remain unbound 
while the rest is fully covered without reservation.  
4.4.3.1.7  Financial services 4.63.  The commitments made by Peru under the Agreement are presented differently than under 
the GATS. Peru retains most limitations as contained in its GATS' Schedule. It nevertheless 
improves partly its coverage, like for instance for some advisory and other auxiliary financial services, while retaining some restrictions. 
4.4.3.1.8  Health relate d and social services 
4.64.  The whole sector, not covered under the GATS, remains unbound. WT/REG333/1 
 
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  4.4.3.1.9  Tourism and travel related services 
4.65.  For hotels and restaurant services, while catering remains unbound under mode 1, all other 
activities are covered without limitations for mode s 2 and 3. National treatment and market access 
commitments are also improved for travel agencies and tour operators services, compared to the 
GATS, and tourist guide services, unbound under  the GATS, are now fully covered without any 
restriction.  
4.4.3.1.10  Recreational, cult ural and sporting services 
4.66.  Only entertainment services are partially covered under the GATS. Peru builds on these 
commitments to also cover news agency services, libraries, archives, museums and other cultural services, as well as sporting and other recreation al services, with some restrictions on commercial 
presence for gambling-related activities. 
4.4.3.1.11  Transport services 
4.67.  Under the Agreement, Peru expands the overall coverage of its GATS commitments for 
maritime transport and internal waterways, though with some limitations. In one instance (internal 
waterways: market access commitment for mode 3), Peru reduces its level of commitments, 
though overall the Agreement makes improvemen ts. While Air Transport remains unbound, as 
under the GATS, Peru makes commitments in relation to a number of auxiliary air services such 
as: selling and marketing of air transport services ; computer reservation system ("CRS") services: 
maintenance and repair of aircraft; cargo handling services; airport management services and specialized airport services (fuel supply servic es, water, beverages and foods supply services 
(catering); cargo storage services; ground equi pment support services at platform; and cargo 
terminal  services of the air operator of the ca rrier. Though there are a number of limitations for 
services auxiliary to certain modes of transport, Pe ru grants unlimited coverage for space, railway, 
road, and pipeline transport services. Those sub-sectors are unbound under the GATS. 
4.5  Regulatory provisions  
4.68.  Under Chapter 5 of Title IV, establishing a regulatory framework applicable to trade in 
services between the Parties, the Agreement contains provisions of general application on mutual 
recognition, transparency and disclosure of confid ential information, as well as on domestic 
regulation. It also sets out the principles of the specific regulatory frameworks applicable to computer services; postal and courier services; telecommunications services; financial services; and international maritime services. 
4.5.1  Domestic regulation 
4.69.  In sectors where specific commitments are undertaken, each Party shall ensure that all 
measures of general application covered by Title IV are administered in a reasonable, objective 
and impartial manner. Article 131 also sets standa rds that are applicable when authorisation is 
required for the supply of a service or establishment for which a specific commitment has been made by a Party. It also states that the Party shall maintain or institute judicial, arbitral or 
administrative tribunals or procedures to provide for review of administrative decisions affecting 
establishment, cross-border supply of services or temporary presence of natural persons for business purposes. Pending the completion of negotiations pursuant to Article VI:4 of the GATS, which shall eventually be incorporated into the Agreement, no Party shall apply licensing and 
qualification requirements, procedures and technical standards, that nullify or impair their specific 
commitments in a manner which is not compatible with the criteria outlined in the GATS and could not reasonably have been expected of that Part y at the time specific commitments were made. WT/REG333/1 
 
- 44 - 
 
  4.5.2  Recognition 
4.70.  Nothing in Title IV shall prevent a Part y from requiring natural persons to have the 
necessary qualifications and/or professional experi ence required in the territory where the service 
is supplied, for the sector of activity concerned (Article 129).  
4.71.  The Parties shall encourage professional bodies to jointly develop recommendations on 
mutual recognition. The Trade Committee establ ished by the Agreement shall review such 
recommendations. The Parties shall, when appr opriate, negotiate an agreement on mutual 
recognition of requirements, qualifications, licences and other regulations which will be consistent 
with the relevant provisions of the WTO Agreement, in particular Article VII of the GATS. 
4.5.3  Subsidies 4.72.  The provisions of Title IV shall not apply to subsidies
56 granted by a Party. 
4.5.4  Safeguards 
4.73.  While the Parties shall endeavour to avoi d the imposition of restrictive measures, with 
regard to trade in services and establishment, in cluding on payments or transfers related to such 
transactions, if a Party experiences serious external financial or balance-of-payments (BOP) 
difficulties or threat thereof, if and when they envisage to put in place such measures, it shall 
notify and consult with the other Parties and present, as soon as possible, a time schedule for their 
removal. When imposed, BOP measures shall be in accordance with the conditions established in 
the WTO Agreement and consistent with the Arti cles of the Agreement of the International 
Monetary Fund (Article 297). 
4.5.5  Other 
4.5.5.1  Investment 
4.74.  While investment is not specifically addr essed in a dedicated section of the Agreement, 
there are some provisions in Chapter 2 of Title IV, summarized in section 4.3.3 above. 
4.5.5.2  Monopolies and ex clusive service suppliers 
4.75.  The Agreement does not contain any specific provision related to monopolies and exclusive 
service suppliers. The Parties' respective list s of specific commitments however contain some 
reservations made in that regard. 
4.5.5.3  Transfers and payments 4.76.  Title V of the Agreement (current payments  and movement of capital), which covers both 
trade in goods and trade in services, addresses, inter alia , the free movement of capital relating to 
direct investments, as well as investments and other transactions made in accordance with the 
provision of Title IV (trade in services , establishment and electronic commerce).
57 
4.5.5.4  Transparency 
4.77.  Article 130 contains provisions on transparen cy and disclosure of confidential information. It 
establishes, in each Party, enquiry points to provide specific information to investors and services suppliers of another Party on all requests by anot her Party for specific information regarding any of 
its measures of general application or international agreements which related to or affect Title IV. 
                                               
56 The term "subsidies" includes  government-supported loans,  guarantees, and insurance. 
57 See below section 5.2. WT/REG333/1 
 
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  4.6  Sector specific provisions on trade in services 
4.6.1   Computer services 4.78.  Article 132 contains the Parties' understanding on computer services to the extent that 
trade in computer services is liberalized in accordance with Chapters 2 (Establishment), 
3 (Cross-border supply of services) and 4 (Tempo rary presence of natural persons for business 
purposes) of Title IV. The Parties' understanding clarifies what is covered by the CPC 84 code, used for describing computer and related services. Core-services that are being delivered 
electronically (e.g. banking) are not covered by the CPC 84 code, while enabling services (e.g. 
web-hosting or application hosting) are. Article 132 also clarifies what is to be covered by the terms "computer and related services", regardless of whether these services are delivered via a network, including the Internet.  
4.6.2  Postal and courier services 
4.79.  Articles 133 through 138 sets out the principl es of the regulatory framework for all postal 
and courier services in which the Parties have commitments in accordance with Chapters 2, 3 and 
4 of Title IV. The section of the Agreement on post al and courier services contains provisions on 
the prevention of anti-competitive practices in the postal and courier services sector, universal service, individual licences, and in dependence of regulatory bodies. 
4.6.3  Telecommunications services 
4.80.  Articles 139 through 150 sets out the pr inciples of the regulatory framework for 
telecommunication services, other than broadcasting, in which the Parties have commitments pursuant to Chapters 2, 3 and 4 of Title IV. The section on telecommunications services builds on 
the 1996 Reference paper of the WTO Negotiating Group on Basic Telecommunications and 
contains, besides definitions, provisions on compet itive safeguards on major suppliers ; additional 
obligations of major suppliers
58; regulatory authorities; authorization to provide 
telecommunications services, interconnection; sca rce resources, universal service; telephone 
directories; confidentiality of information; and disputes between suppliers of telecommunications networks or connected services.  
4.6.4  Financial services 
4.81.  Articles 151 through 159 establish the principl es of the regulatory framework for all financial 
services in which the Parties have commitments pursuant to Chapters 2, 3 and 4 of Title IV. These articles apply to measures affecting the supply of financial services
59, which includes the 
production, distribution, marketing, sale and delivery of such services. The section of the 
Agreement on financial services contains provisio ns on clearing and payment systems; prudential 
carve-out; effective and transparent regulation; new financial services60; data processing; 
recognition of prudential measures; and specific exceptions. 
4.6.5  International maritime transport services 4.82.  Articles 160 and 161 set out the principles for international maritime transport services in 
which the Parties have commitments pursuant to Ch apters 2, 3 and 4 of Title IV. In view of the 
existing levels of liberalization between the Parties in international maritime transport, each Party shall (i) effectively apply the principle of unrestricted access to  international maritime markets and trade on a commercial and non-discriminatory basis; and (ii) grant national treatment to ships 
flying the flag of another Party with regard to, inter alia , access to ports, use of infrastructure and 
auxiliary maritime services of the ports, as well as related fees and charges, customs facilities and 
                                               
58 The article: "Additional obligations of major supp liers" does not apply between Peru and the EU but 
applies between Colombia and the EU with some limitations. (Footnote 49) 
59 The terms "financial services" cover any service of  a financial nature offered by a financial service 
supplier of a Party. Financial services include all insu rance and insurance-related se rvices, and all banking and 
other financial services (excluding insurance). An indicative list of financial services is provided under 
Article 152. 
60 A Party may determine the institutional and juridical from through which the new financial service 
may be supplied and may require authorisat ion for the supply of such service.  WT/REG333/1 
 
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  the assignment of berths and facilities for load ing and unloading. Each Party shall not introduce 
cargo-sharing arrangements in future bilatera l agreements with third countries concerning 
maritime transport services and terminate, within a reasonable period of time, such cargo-sharing 
arrangements in case they exist in previous bilateral agreements. Each Party shall also abolish and 
abstain from introducing any unilateral measures and administrative, technical and other obstacles 
which may constitute a disguised restriction or have discriminatory effects on the free supply of services in international maritime transport. Each Party commits to make available to international 
maritime transport suppliers of another Party a number of services at the port. The establishment 
of international maritime service suppliers of anot her Party in a Party's territory shall be permitted 
under conditions respecting the national treatment principle.  
4.6.6  Electronic commerce 
4.83.  Provisions on electronic commerce are contained in Chapter 6 of Title IV (also covering 
establishment and trade in services). The Parties agree that a delivery by electronic means shall 
be considered as a provision of services, within the meaning of Chapter 3 (Cross-border supply of 
services), and shall not be subject to customs duties. 
4.84.  In Article 163, the Parties agree to maintain a dialogue and cooperate on regulatory issues 
arising from electronic commerce. They shall endeavour to develop or maintain regulations for the 
protection of personal data (Article 164), to make trade management documents available to the 
public in electronic form, and to accept trade ad ministration documents (for examples forms that 
must be completed by or for importers or exporters) submitted electronically as the legal equivalent of their paper version (Article 165). The Parties also recognize the importance of 
maintain and adopting transparent and effective measures to protect consumers from fraudulent 
and misleading commercial practices, and reinforcing consumer protection in activities relating to electronic commerce (Article 166). 
5  GENERAL PROVISIONS OF THE AGREEMENT 
5.1  Transparency 5.1.  In addition to the provisions on transparen cy in specific parts of the Agreement, and without 
prejudice to any of them, Title X covers general transparency disciplines. Articles 287-290 contain 
requirements on cooperation to promote transparency; publication of measures of general application, including laws, regulations, judicial decisions, procedures and administrative rulings, 
relating to any matter covered by the Agreement; the treatment of confidential information; and 
exchange of information through the Parties' Coordinators, upon request by another Party. 
5.2.  Title X also contains disciplines on consistent, impartial and reasonable application of all 
measures of general application (Article 291). Moreover, the review and appeal o final 
administrative action related to trade-related matters covered by the Agreement is in Article 292.  
5.3.  Article 293 contains disciplines on transparency in subsidies related to trade in goods. 
Starting two years after the entry into force of th e Agreement, each Party shall submit to the other 
Parties biennial reports regarding the legal basis,  form, amount or budget and where possible, the 
recipient of subsidies granted by its government or any public body
61. The Trade Committee shall 
periodically review the implementation of the prov isions of Article 293, which are without prejudice 
to the rights of the Parties to apply trade remedies  or to resort to dispute settlement or to other 
action against a subsidy in accordance with the relevant WTO provisions. Article 293 is not subject 
to the Agreement-specific dispute settlement provisions (Title XII). 
5.2  Current payments and capital movements 
5.4.  The Parties authorize, in freely convertible currency and in IMF regulations, any payments 
and transfers on the current account of the balanc e of payments between the Parties (Article 168). 
The Parties shall also ensure the free movement of capital relating to direct investments made in 
juridical persons constituted in accordance with the laws of the host country and investments and 
                                               
61 Such reports are deemed to have been provided if the relevant information is made available on a 
publicly accessible website. WT/REG333/1 
 
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  other transactions made in accordance with the provisions of Title IV (trade in services, 
establishment and electronic commerce), as well as the liquidation and repatriation of these investments and of any profit stemming therefrom (Article 169).  
5.5.  Where, in exceptional circumstances, payments and capital movements cause, or threaten to 
cause, serious difficulties for the operation of exchange rate or monetary policy in any of the 
Parties, that Party may adopt safeguard measures with regard to capital movements for a period 
not exceeding one year
62 (Article 170). Under no circumstance may the safeguard measures be 
used as a means for commercial protection or for the purpose of protecting a particular industry. A 
Party adopting a safeguard measure shall promptly inform the other Parties of their relevance and scope, and present, as soon as possible, a schedule for its removal.  
5.6.  With the aim of supporting a stable and secure framework for long term investment, the 
Parties shall consult with a view to facilitating the movement of capital between them, in particular 
the progressive liberalization of the capital and financial accounts (Article 171). 
5.3  Exceptions 
5.7.  Exceptions to the Title on trade in goods are contained in Article 106. Exceptions applicable 
to establishment, cross-border supply of services, electronic commerce (Title IV) and current payments and movement of capital (Title V) are contained in Article 167. In addition, Title XI 
(General exceptions), applicable horizontally to  the whole Agreement, covers security exception 
(Article 295) , taxation (Article 296)  and balance of payments (Article 297)  (see section on safeguards above). 
5.3.1  General exceptions 
5.8.  Article 106 replicates the provisions contained in Article XX of GATT 1994. Article 167 builds 
on the provisions in Article XIV of the GATS and adds to the list of GATS categories of general exceptions the measures relating to the conservation of living and non-living exhaustible natural 
resources, and those necessary for the protection of national treasures of artistic, historic or 
archaeological value. Moreover, the provisions of Title IV (trade in services, establishment and electronic commerce), the lists of commitments on establishment and on cross-border supply of 
services (Annexes VII and VIII of the Agreement), the provisions of Title V (current payments and 
movement of capital) and (Title V) current payments and movement of capital shall not apply to the respective social security systems of the Parties or to activities in the territory of each Party, 
which are connected, even occasionally, with the exercise of official authority. 
5.3.2  Security exceptions 
5.9.  Article 295 replicates and builds on
63 Article XX of GATT 1994 and Article XIV bis of GATS. 
5.3.3  Taxation 
5.10.  Article 296 establishes that the Agreement shall only apply to taxation measures to the 
extent necessary to give effect to the provisions  of the Agreement. Nothing in the Agreement shall 
affect the rights and obligations of any Party under any tax convention between an EU Member 
State and Colombia or Peru. In the event of any inconsistency between the Agreement and any 
such convention, that convention prevails.  
                                               
62 In the case of Colombia only, such safeguard me asures may be maintained beyond such period of 
time for justified reasons wh en it is necessary to overcome the exce ptional circumstances that led to their 
application. In such event, Colombia shall present in ad vance to the other Parties the reasons that justify their 
maintenance. In the case of Peru and the EU, the appl ication of safeguard measures may be extended through 
their formal reintroduction in case of extremely exce ptional circumstances and after having coordinated in 
advance between the Parties concerned regarding the implementation of any proposed formal reintroduction. 
63 A Party may take any measure which it considers necessary for the protection of its essential security 
interests relating to gove rnment procurement indispensable for nati onal security or for national defence 
purposes. WT/REG333/1 
 
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  5.4  Accession and Withdrawal 
5.11.   Article 328 provides that the EU shall notify to Colombia and Peru of any request for 
accession of a third country to the EU64. Moreover, in the framework of the Trade Committee, the 
Parties shall examine any effects of accession by a third country to the EU on the Agreement. The 
Trade Committee shall decide on any necessary adjustment or transition measures. In relation to 
the accession of Croatia to the EU, the relevant Protocol has been agreed between the Parties and is undergoing the respective internal procedures for its approval. The Protocol integrates the 
relevant new language versions of administrati ve remarks contained in Annex II to the Trade 
Agreement (Annex on the Rules of Origin) and adds the commitments of Croatia for trade in services, establishments and electronic commerce, as well as for government procurement.  
5.12.  Article 329 addresses the eventuality of th e accession to the Agreement by other member 
countries of the Andean Community. Any member country of the Andean Community which was 
not a Party to the Agreement on its entry into force between the EU and Peru
65 may accede to the 
Agreement pursuant to the conditions and procedures established in Article 330 and involving a 
negotiation between the applicant county and the EU. 
5.13.  Having regard to the aspiration of the Pa rties of achieving an association between the EU 
and the Andean Community, when all the Andean Community Member Countries become Parties to 
the Agreement, the Trade Committee (see Section 5.9 below) will re-examine the relevant 
provisions, particularly Articles 10 (Regional Integration) and 105 (Movement of goods), with a view to adapting them to the new situation and supporting regional integration processes. 
5.14.  Article 331 indicates that the Agreement shall be valid for an indefinite period. Any Party 
may withdraw from the Agreement. The Agreement shall automatically be terminated in case of 
withdrawal by the EU. 
5.5  Government procurement
66 
5.15.  Title VI of the Agreement (Articles 172 through 194) contains rules applicable to 
government procurement. The Parties' commitments are in Annex XII to the Agreement. In Sections A, B, and C of Appendix 1 of Annex X II the Parties list the covered central government 
entities, respectively sub-central government entities and other entities.
67 In each Party's list, 
subsection 7 identifies exceptions to the coverage of certain procurement programmes, types of activities or benefits not granted under Title VI. 
5.16.  The EU is a Party to the plurilateral government procurement agreement (GPA), concluded 
under the auspices of the WTO, while Colombia is an observer to it. Peru is neither a member nor 
an observer to the GPA. As a result, the Agr eement's provisions on government procurement 
improve legal certainty in relation to market access for all Parties for procurement of goods and 
services covered by Appendix 1 to Title VI.  
5.17.  As a general principle applicable with respect to any measure related to the covered 
procurements, national treatment is granted by each  Party and its procuring entities to the goods, 
services and services suppliers of the other Part ies (Article 175). Moreover, procurement shall be 
conducted in a transparent and impartial manner th at avoids conflicts of interest and prevents 
corrupt practices. General principles apply to tendering procedures, use of electronic means, rules of origin, prohibition of offsets as well as measures not specific to procurement. Provided that such 
measures are not applied in a manner that would constitute a mean of arbitrary or unjustifiable 
discrimination between the Parties or a disguised restriction on international tread, nothing in Title VI of the Agreement shall be construed to prevent a Party from adopting or maintaining 
measures: (i) necessary to protect public morals, order or safety; (ii) necessary to protect human, 
animal or plant life or health, including the respective environmental measures; (iii) necessary to 
                                               
64 Between the start of the negotiations between the EU and Colombia and Peru and the start of the 
application of the Agreement with Colombia, Croatia formally joined the EU. 
65 Peru was the first Andean Country with which the Agreement en tered into force. 
66 "Covered procurement" means procurement for gove rnmental purposes of goods, services, or any 
combination thereof as specified, with respect to each  Party, in Appendix 1 of Annex XII to the Agreement 
(Government Procurement). 
67 General notes are contained in subsection 7. WT/REG333/1 
 
- 49 - 
 
  protect intellectual property; or (iv) relating to goods or services of persons with disabilities, 
philanthropic institutions, or prison labour (Article 174). 
5.18.  Title VI contains disciplines on the pu blication of procurement information and notices68 
(Articles 176 and 177); the conditions for participation in procurement (Article 178); the use of 
selective tendering (Article 179); the establishment of multi-se list of suppliers69 (Article 180); 
technical specifications (Article 181); tender documentation (Article 182); time periods for suppliers to prepare and submit requests for participation in a procurement
70 (Article 183); 
negotiations conducted by procuring entities (Article 184); limited tendering (Article 185); 
electronic auctions (Article 186); treatment of  tenders and award of contracts (Article 187); 
transparency of procurement information and di sclosure of information (Article 188 and 189); 
domestic review procedures (Article 190); modifications and rectifications of coverage 
(Article 191); micro, small and medium enterprises participation (Article 192); and cooperation 
between the Parties to achieving a better understanding of their respective government procurement systems (Article 193). 
5.6  Intellectual property rights 
5.19.  Title VII of the Agreement covers intellectu al property. The Parties reaffirm the rights and 
obligations under the WTO Agreement on Trade Related Aspects of Intellectual Property Rights 
(TRIPS) and any other multilateral agreement re lated to intellectual property and agreement 
administered under the auspices of the World Intellectual Property Organization (WIPO). Title VII complement and specify the rights and obligations of the Parties under the TRIPS Agreement and other IPR multilateral agreements. Nevertheless, none of its provisions contradicts or is 
detrimental to the provisions of such multilateral agreements (Article 196). 
5.20.  As a general principle, each Party may, in formulating or amending its laws and regulations, 
make use of the exceptions and flexibilities perm itted by the multilateral intellectual property 
agreements, particularly when adopting measures necessary to protect public health and nutrition, 
and to guarantee access to medicines. In accordance with the TRIPS Agreement, Title VI allows a Party from adopting any measures necessary to pr event the abuse of intellectual property rights 
by right holders or the resort to practices which unreasonably restrain trade or adversely affect the 
international transfer of technology.  
5.21.  In Article 198 and 199 the Parties commit to grant each other's nationals national and MFN 
treatment with regard to the protection of intell ectual property. In addition, each Party shall be 
free to establish its own regime on the exhaustion of intellectual property rights, subject to the 
provisions of the TRIPS Agreement (Article 200).  
5.22.  The Parties recognize and reaffirm the ri ghts and obligations under the Convention on 
Biological Diversity (CBD) and support and encourage efforts to establish a mutually supportive 
relationship between it and the TRIPS Agreemen t. In Chapter 2 of Title VII (protection of 
biodiversity and traditional knowledge), subject to their domestic legislation
71, the Parties shall 
respect, preserve and maintain knowledge, inno vations and practices of indigenous and local 
communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity;  and promote their wider application conditioned on the prior informed consent of the holders of such knowledge, innovations an d practices, and encourage the equitable sharing 
of the benefits arising from their utilization (Art icle 201). The Parties reaffirm their obligation to 
take measures with the aim of sharing in a fair and equitable way the benefits arising from the utilization of genetic resources.
72 
                                               
68 Appendixes 2 and 3 to Annex XII contain a list of  media for publication of  procurement information 
and for publication of notices. Appendix 4 to Annex XII id entifies the type of information that shall be included 
in each notice of intended procurement. 
69 Appendix 5 to Annex XII specifies the information that shall be included in multi-use list of suppliers. 
70 Appendix 6 specifies the applicab le time periods that shall be provided by procuring entities, 
described in Article 183. 
71 In accordance with Article 8(j) of the CBD. 
72 In accordance with paragraph 7 of Article 15 of the CBD. WT/REG333/1 
 
- 50 - 
 
  5.23.  On trademarks (Articles 202 through 206), The EU and Colombia commit to accede to the 
Madrid Protocol73. Peru shall make all reasonable efforts to  adhere to it. Moreover, the EU and Peru 
shall make all reasonable efforts to comply with the Trademark Law Treaty (1994). Colombia shall make all reasonable efforts to adhere to it. The Parties shall also use the classification established 
in the Nice Agreement Concerning the Internationa l Classification of Goods and Services for the 
Purposes of the Registration of Marks (1957) an d shall cooperate on the protection of well-known 
trademarks. Limited exceptions to the rights  conferred by a trademark are governed by 
Article 206. 
5.24.  On geographical indications - GIs (Articles 207-214), having completed an objection 
procedure and having examined the GIs of the EU or  of a signatory Andean Country in Appendix 1, 
each Party shall protect GIs for agricultural products and foodstuffs, wines, spirit drinks and 
aromatised wines listed in Appendix1 of Annex XIII of the Agreement (Lists of GIs
74). The EU, 
Colombia and Peru will protect such GIs according to the level of protection laid down in Articles 207 and 210. For its part, having completed a similar objection procedure and examination 
of registered Colombian and Peruvian GIs, the EU will protect the same. GIs for products other 
than agricultural foodstuffs, wines, spirit drinks or aromatised wines listed in Appendix 2 may be protected according to the laws and regulations applicable in each Party. The Parties agree to the 
possibility to add new GIs to Appendix I (Parties GIs) after the completion of the objection 
procedure and the examination of the GIs. The Parties shall refuse to register or shall provide for invalidation of a trademark that corresponds to GIs whose scope of protection is defined in Article 210. Moreover, no Party is obliged to protect a GI where, in the light of a reputed or 
well-known trademark, protection is liable to mi slead consumers as to the true identity of the 
product. Articles 212 and 213 additionally establish, inter alia , rules on the exchange of 
information regarding the technical specifications of GI protected products as well as on 
cooperation and transparency. 
5.25.  On copyright and related rights (Articles 215 through 223), the Parties shall comply with 
existing rights and obligations by virtue of the Berne Convention for the Protection of Literary and 
Artistic Works (the Bern Convention), the Rome Convention for the Protection of Performers, 
Producers of Phonograms and Broadcasting Organizations (1961), the WIPO Copyright Treaty - WCT (1996), and the WIPO Performanc e and Phonograms Treaty - WPPT (1996). The 
Agreement also commits the Parties to granting moral rights to authors independently of their 
economic rights (Article 216) and the Parties' recognition of the importance of collective 
management societies for copyright and related rights (Article 217). Under Articles 218 and 219 the rights of authors shall run for the life of the author and 70 years after his death, while the 
term of protection for performers shall last at least until the end of 50 years from the end of the 
year in which the performance was fixed. The same duration applies to producers of phonograms and to broadcasting organisations. The Agreement also contains disciplines on broadcasting and 
communication to the public (Article 220); the protection of technological measures (Article 221); 
the protection of rights management information (Article 222); and the resale right of artists in works of arts (Article 223). 
5.26.  On designs (Articles 224 through 229), the Parties shall make all reasonable efforts to 
accede to the Geneva Act to the Hague Agreement Concerning the International Registration of 
Industrial Designs (1999). The Agreement identifies  the requirements for protection of designs; 
the rights conferred by registration, the terms of protection
75; and the Parties' possibility to 
establish limited and conditional exceptions to th e protection of designs. The subject matter of 
protection of a design right may be protected under copyright legislation if the conditions for such protection are met.
76 
5.27.  On patents (Article 230), the Parties shall comply with Articles 2-9 of the Budapest Treaty 
on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent 
                                               
73 Protocol Relating to the Madrid Agreement Concerni ng the International Registration of Marks adopted 
on 28 June 1989. 
74 Without prejudice to Article 208 of the Agreement, upon entering into force of the Agreement, the list 
will be updated by the Sub-committee of Intellectual Property in case that the registration of a GI is rejected following an objection and a reasoned and just ified decision under th e domestic procedures. 
75 The duration of protection shall amount to, at le ast, 10 years from the date of the submission of the 
application for registration. 
76 The extent to which, and the conditions under which,  such protection is conf erred shall be determined 
by each Party.  WT/REG333/1 
 
- 51 - 
 
  Procedure (1977 and amended in 1980). The EU shall make all reasonable efforts to comply with 
the Patent Law Treaty - PLT (2000), while Colombia and Peru shall make all reasonable efforts to accede to it. When the marketing of a pharmaceutical or agricultural chemical product in a Party requires authorization by its authorities, the Party shall make its best efforts to process the 
application expeditiously. For pharmaceutical products covered by a patent, each Party may make 
available a mechanism to compensate the pate nt owner for unreasonable curtailment of the 
effective patent term resulting from the first mark eting approval of that product in that Party. 
5.28.  On protection of data of certain regulated products (Article 231), each party shall protect 
undisclosed test or other data related to safety and efficacy of pharmaceutical products and agricultural chemical products, in accordance with Article 39 of the TRIPS Agreement and its 
domestic legislation. Conditional exceptions an d/or abbreviated marketing approval procedures 
may be regulated by the Parties. 
5.29.  On plant varieties (Article 232), the Parties shall cooperate to promote and ensure 
protection based on the International Convention for the Protection of New Varieties of 
Plants - UPOV Convention (revised in 1991). 
5.30.  The Parties also commit to grant effective protection against unfair competition in 
accordance with Article 10 bis of the Paris Convention (Article 233). 
5.31.  Chapter 4 of Title VII disciplines enforcement of intellectual property. It establishes the 
modalities for civil and administrative remedies and procedures (Articles 235 through 249); for the liability of intermediary service providers (Articles 250 through 254).  
5.32.  The Parties agree to exchange experi ences and information on their domestic and 
international practices and policies affecting transf er of technology (Article 255). They also agree 
to cooperate with a view to supporting implementation of the commitments and obligations undertaken under the Agreement and identify areas for such cooperation (Article 256). 
5.7  Others 
5.7.1  Environment and labour 5.33.  Title IX of the Agreement addresses trade and sustainable development. It recognizes the 
sovereign right of each Party to establish its domestic policies and priorities on sustainable 
development, and its own levels of environmental and labour protection, consistent with internationally recognized agreements on standards
77, and to adopt or modify accordingly its 
relevant laws, regulations and policies. The Agreement contains provisions on upholding levels of 
environmental and labour protection (Article 277), the need to take into account scientific 
information to establish appropriate measures of protection (Article 278), and the importance of 
reviews of sustainable impacts (Article 279). It also encourages the Parties to develop domestic 
mechanisms to submit opinions and make recommendations on trade and sustainable 
development issues (Article 281), and creates the basis for an institutional dialogue with civil society (Article 282) and inter-governmental consultations (Article 283). 
5.34.  The Parties reaffirm that trade should promote sustainable development and recognize the 
beneficial role that core labour standards and decent work can have on economic efficiency, innovation and productivity, as well as the valu e of greater coherence between trade policies, on 
the one hand, and labour policies on the other (Article 271). They shall strive to facilitate and 
                                               
77 In relation to multilateral labour standards and ag reements (Article 269), the Agreement refers to the 
fundamental Conventions of the Intern ational Labour Organization (ILO), the ILO Conventions as well as other 
conventions that are classified as up-to-date by the ILO. In relation to multilateral environmental standards and agreements (Article 270), the Agreement refers to: the Montreal Protocol on Substances that Deplete the Ozone Layer (16 September 1987); the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (22 March 1989); the Stockholm Convention on Persistent Organic 
Pollutants (22 May 2001); the Convention on Internatio nal Trade in Endangered Species of Wild Fauna and 
Flora - CITES (3 March 1973); the Convention on Biological Diversity - CBD (22 May 1992); the Cartagena Protocol on biosafety to the CBD (29 January 2000); the Kyoto Protocol to the United Nations Framework 
Convention on Climate Change - the Kyoto Protocol (11 December 1997); and the Rotterdam Convention on 
the Prior Informed Consent Procedure for Certain Hazardo us Chemicals and Pesticides in International Trade 
(10 September 1998). WT/REG333/1 
 
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  promote trade and foreign direct investment in environmental goods and services. They also agree 
to promote best business practices related to corp orate social responsibility. The Parties recognize 
the importance of promoting equality of treatment in  respect of working conditions, with a view to 
eliminating any discrimination in respect thereof to any worker, including migrant workers legally 
employed in their territories (Article 276). 
5.35.  The Parties confirm their commitment to conserve and sustainably use biological diversity in 
accordance with the CBD and other relevant international agreements to which the Parties are 
party (Article 272). Nevertheless as under Article 15 of the CBD the Parties recognize the rights of 
States over their natural resources, and that the authority to determine access to genetic resources rests with national Governments and is subject to their domestic legislation. Furthermore, the Parties shall endeavour to create conditions to facilitate access to genetic 
resources for environmentally sound uses and not to impose restrictions that run counter to the 
objectives of the CBD, and that access to genetic resources shall be subject to the prior informed 
consent of any Party providing such resources, unless otherwise determined by that Party. The 
Agreement also contains provisions on trade in forest products (Article 273), recognizing the 
importance of practices that improve forest la w and enforcement and governance and promotion 
of trade in legal and sustainable forest products; and trade in fish products (Article 274), 
recognizing the need to cooperate in the context of regional fisheries management organisations. 
Moreover, the Parties agree to consider actions to contribute to mitigating and adapting to climate change through their trade and investment policies (Article 275). 
5.36.  Article 284 defines the role and procedures applicable to a Group of Experts and Article 285 
contains rules governing the issuance of report s prepared by the Group, which may assist the 
Parties in consultations on trade and sustainable development matters. 
5.37.  The general cooperative approach of th e Agreement (Title XIII) is complemented by 
Article 286 which establishes cooperation on trade and sustainable development, in particular in 
relation to the improvement of policies and pr actices related to labour and environmental 
protection and identifies areas of mutual interest. 
5.7.2  Competition policy 
5.38.  Title VIII of the Agreement addresses compet ition. The Agreement identifies three types of 
practices which are inconsistent with the Agreement to the extent that they may affect trade and investment between the Parties. These are: (i) any agreement, decision, recommendation or 
concerted practice, which has the purpose or effect of impeding, restricting, or distorting 
competition in accordance with their respective competition laws; (ii) the abuse of a dominant position in accordance with their respective competition laws; (iii) and concentrations of companies 
which significantly impedes effective competition, particularly as a result of the creation or 
strengthening of a dominant position in accordance with their respective competition laws (Article 259). 
5.39.  The Parties shall support and promote measures to strengthen competition in their 
respective jurisdictions in accordance with the objectives of the Agreement. They shall also maintain competition laws that address the practices mentioned in the preceding paragraph. Nevertheless, each Party shall maintain autonomy in establishing, developing and implementing its 
competition policies. Moreover, nothing in the Ag reement shall prevent a Party from establishing 
or maintain public or private monopolies and state enterprises according to its legislation. 
5.40.  The Agreement engages the Parties to make their best efforts to cooperate through their 
competition authorities in matters related to the implementation of competition laws 
(Article 261).Also, administrative resources allowing , a Party shall notify the enforcement activities 
of competition laws that may affect important interests of the other Party (Article 262). Moreover, 
to achieve the objectives in Title VIII, the Parties agree to promote initiatives with a view to 
developing a competition culture, focusing on strengthening their technical and institutional capacities (Article 264). Furthermore, a Party, upon request by another Party, shall accept the initiation of consultations, without prejudice to pursuing any action in accordance with its 
competition laws and while maintaining full autonomy over the final decision on the issues subject 
to consultations (Article 265). WT/REG333/1 
 
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  5.7.3  Technical assistance and trade-capacity building 
5.41.  Under Title XIII, the Parties agree to st rengthen cooperation that contributes to the 
implementation of the Agreement. Cooperation shal l be developed within the legal and institutional 
framework governing relations between them. They identify the area to which they attach 
particular importance (Article 324), the scope and means (Article 325), as well as the Trade 
Committee's functions regarding cooperation (Article 326). 
5.8  Dispute settlement 
5.42.   According to Article 8.2 if a Party considers that another party has failed to fulfil its 
obligations under the Agreement, it shall have recourse to, and abide by, the dispute settlement mechanism established under Title XII (Dispute Settlement). This mechanism shall not apply to disputes between Colombia and Peru as the Agreement covers bilateral relations, on one side, 
between the EU and Peru, and, on the other side, the EU and Colombia.  
5.43.  The provisions in Title XII are without prej udice to the rights and obligations of the Parties 
pursuant to the WTO Agreement, including dispute settlement actions (Article 319). The 
Agreement provides for forum shopping, at the discretion of the complaining Party. Nevertheless, 
when a Party has requested the establishment of a panel under Article 6 of the WTO Dispute Settlement Understanding or an arbitration panel pursuant to Article 303 of the Agreement, that 
Party may not initiate another proceeding on the same matter in the other forum, except when the 
competent body in the forum chosen has not taken a decision on the substance of the matter due to procedural or jurisdictional reasons. No provision in Title XII shall prevent a Party from suspending benefits authorized by the Dispute Settlement Body of the WTO. The WTO Agreement 
shall not be invoked to prevent a Party from susp ending benefits in acco rdance with Title XII. 
5.44.  The Parties shall endeavour to settle any dispute through consultations (Article 301). Should 
such consultations fail to enable them to reach a satisfactory mutual resolution of the matter, an 
arbitration procedure may be initiated through a request by the complaining Party for the 
establishment of an arbitration panel, (Articles 302 and 303). A Party which is not a Party to the dispute and that has a substantial interest in it may request in writing the Parties to the dispute, 
its participation in the arbitration procedure. The Agreement contains provisions related to a list of 
arbitrators (Article 304) and objection, removal and substitution of an arbitrator (Article 305). When more than one Party requests the establishment of arbitration panel on the same measures and on the same legal grounds, whenever possible,  a single arbitration panel shall be established 
to examine such requests (Article 306). 
5.45.  Arbitration panels shall notify their ruling to the Parties to the dispute and to the Trade 
Committee within 120 days from the date of their establishment
78 (Article 307). The Party 
complained against shall then take all necessary measures to comply with the ruling without delay 
(Article 308). The specific measures to comply with the ruling, the reasonable period to implement them, as well as a concrete offer for temporary compensation pending full implementation that the 
Party complained against considers necessary to comply with the ruling shall be notified to the 
complaining Party within 30 days from the date of receipt of the ruling. In case these elements are challenged, the arbitration panel shall rule within 45 days following the submission of the request. In case of alleged non-compliance, the complaining Party may request the original arbitration 
panel to decide on the matter (Article 309). In case of non-compliance, the complaining Party may 
request the Party complained against for compensation for non-compliance; or notify the Party complained against and the Trade Committee its intention to suspend concessions to a level 
equivalent to the nullification or impairment caused by the violation (Article 310). A suspension of 
benefits may be applied at the soonest 10 days af ter its notification. The level of suspension may 
be challenged by the Parties complained against and be examined by the arbitration panel. The 
compensation or the suspension of benefits shall be temporary and shall not waive the obligations 
of the Party complained against to comply with the ruling. The Party complained against may notify at any time its adoption of a measure to comply with the panel ruling and request the complaining Party to terminate the suspension of benefits. The suspension of benefits shall then 
                                               
78 In case of urgency, the arbitration panel shall issue a ruling on whether it deems the case to be 
urgent. In such a case, the ruling shall be pronounced within 60 days from the date of establishment of the 
arbitration panel. In other situations where the arbitr ation panel requests a delay, under no circumstances 
should the ruling be notified later than 150 days from th e date of the establishment of the arbitration panel. WT/REG333/1 
 
- 54 - 
 
  terminate 30 days following such notification unle ss there is no agreement on the compatibility of 
the notified measure with the provisions of the Agreement. In such a case, the arbitration panel 
may be asked to rule on the matter. The Party complained against may suspend benefits at a level equivalent to that applied by the complaining Party, while such Party continues to suspend benefits 
(Article 311). 
5.46.  Within 10 days following the notification of a ruling by the arbitration panel, a Party to the 
dispute may request clarification of certain specific aspects of any determination or 
recommendation in the ruling that such Party considers ambiguous, including those related to 
compliance (Article 312). 
5.47.  Chapter 4 of Title XII contains rules and disciplines covering rules of procedures and code of 
conduct for arbitrators (Articles 315 and 321); information and technical advice that may be 
obtained by the arbitration panel (Article 316); rules of interpretation by the arbitration panel what 
shall be in accordance with the customary rules of interpretation of public international law included in the Vienna Convention on the Law of Treaties (Article 317); and decision making 
applicable to the arbitration panel (Article 318). Chart 5.1 below summarizes the main steps of the 
dispute settlement mechanism. 
5.48.  Title XII also establishes a mediation mechanism for any non-tariff measures falling under 
Title III (trade in goods), which the requesting Party considers adversely affecting trade 
(Article 322). The mediation mechanism is described in Annex XIV to the Agreement. Notwithstanding the mediation mechanism, under Article 323, the Parties may at any time agree to undertake good offices, conciliation or mediat ion. These alternative methods shall be conducted 
according to procedures agreed to by the Partie s involved and their proceedings are confidential 
and without prejudice to the rights of the Pa rties involved in any other proceedings.  WT/REG333/1 
 
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  Chart 5.1 Specific Dispute Settlement Me chanism established by the Agreement 
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
  
 
   
5.9  Institutional framework 
5.49.  The Agreement establishes a Trade Committee (Article 12). Among its functions are the 
supervision and facilitation of the operation of th e Agreement; the supervision of the work of all 
specialized bodies established under the Agreement; the supervision of the further development of 
the Agreement; and the exploration of the most  appropriate way to prevent or resolve any 
difficulty that may arise in relation to issues it covers (Article 13). The Trade Committee, may 
consider any amendment or modification to the Ag reement, adopt interpretations of the provisions 
of this Agreement , and advance in the achievement of the objectives of the Agreement. 
Source: WTO Secretariat based on the Agreement. 
 Consultations (Art. 301)  
Establishment of an 
Arbitration Panel  
(Art. 303) 
Proceedings (Art. 306-307)  
Ruling by the  
Arbitration Panel  
Implementation 
(Temporary) suspension of 
benefits by complaining 
Party (Art. 310) Review of compliance  
(Art. 309) Non-Implementation Notification by the Party 
complained against of the 
measures and reasonable 
period to comply. 
Temporary 
compensation 
Compliance  Non-Compliance  Notification of the 
complaining Party's 
intention to temporarily 
suspend benefits 
Notification by the Party 
complained against of the 
measure to comply 
 
Termination of the 
suspension Disagreement between 
the Parties on 
compliance (Temporary) suspension of 
benefits by Party 
complained against 
(Art. 311) WT/REG333/1 
 
- 56 - 
 
  5.50.  The Trade Committee may meet in sessions where the EU Party and one signatory Andean 
Country (Colombia or Peru) participate, regarding matters which relate exclusively to the bilateral relationship between the EU and either Colombia or Peru. If the other Andean Country expresses 
interest in the matter to be discussed in such session, it may participate subject to prior 
agreement of the EU and the other signatory Ande an Country concerned. Its decisions shall be 
adopted by consensus. 
5.51.  The Trade Committee and Sub-Committees established by the Agreement are summarized 
by Chart 5.2 below. The Trade Committee may establish other sub-committees, working groups, 
or any other specialized bodies in order to assist  it. Until now, no other such groups have been 
established. Each Party shall designate a Coordinator of the Agreement to, inter alia , facilitate 
communication between the parties and receive an y notifications and information submitted under 
the Agreement (Article 16). In the case of the EU, the Coordinator is the person responsible for 
managing trade relations with the two Andean countries in Directorate General for Trade in the European Commission. In the case of Peru, the Co ordinator is the person responsible for managing 
trade relations with the European Union in the Vice Ministry of Foreign Trade in the Ministry of 
Foreign Trade and Tourism.  In the case of Colombia, the Coordinator is the person responsible for managing trade relations with the European Union in the Vice Ministry of Foreign Trade in the 
Ministry of Trade, Industry and Tourism. 
Chart 5.2 Institutional Framework  established by the Agreement 
 
 
 
  
 
  
 
   
 
  
 
  
 
   
 
  
 
  Trade Committee (Art. 12, 13, and 14) 
Sub-committee on Market Access (Art. 35) 
Sub-committee on Agriculture (Art. 36) 
Sub-committee on Customs, Trade Facilitation and Rules 
of Origin (Art. 68) 
Sub-committee on Technical Obstacles to Trade        
(Art. 83) 
Sub-committee on Sanitary and Phytosanitary Measures 
(Art. 103) 
Sub-committee on Government Procurement (Art. 194) Coordinators (Art. 16) 
Working groups  
(Art. 109) 
Source: WTO Secretariat based on the Agreement. 
 Sub-committee on Trade and Sustainable Development 
(Art. 280) Sub-committee on Intellectual Property (Art. 257) WT/REG333/1 
 
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  5.10  Relationship with other agreements concluded by the Parties 
5.52.  The Parties reaffirm the existing righ ts and obligations between them under the WTO 
Agreement (Article 5). They also recognize the im portance of the respective regional integration 
processes of the European Union, and of the sign atory Andean Countries within the framework of 
the Andean Community (Preamble of the Agreement). 
5.53.  In connection with the development of each regional integration process' relations with third 
parties, the Parties shall, to the extent possibl e, exchange information within the Trade Committee 
concerning agreements establishing or modifying customs unions or free trade areas and, where 
requested, on other major issues related to the trade policy of each Party regarding third countries (Paragraph 4 of Article 13). 
5.54.  Table 5.1 below shows the Parties' RTAs, notified and non-notified, other than the 
Agreement. 
Table 5.1 European Union, Colombia and Peru : Participation in other RTAs (notified and 
non-notified in force), as of 7 November 2014
* 
RTA Name Date of 
entry into 
force Coverage GATT/WTO Notification 
Year WTO Provision 
EUROPEAN UNION 
EU - Ukraine a Goods & Services 2014 GATT Art. XXIV & GATS Art. V 
EU – Georgia 1-Sept-14 Goods & Servic es 2014 GATT Art. XXIV & GATS Art. V 
EU- Republic of Moldova 1-Sept-14 Goods & Services 2014 GATT Art. XXIV & GATS Art. V 
EU - Cameroon 04-Aug-14 Goods 2009 GATT Art. XXIV 
EU - Central America b Goods & Services 2013 GATT Art. XXIV & GATS Art. V 
EU - Eastern and Southern 
Africa States Interim EPA 14-May-12 Goods 2012 GATT Art. XXIV 
EU - Republic of Korea 01-Jul-11 Goods & Services 2011 GATT Art. XXIV & GATS Art. V 
EU - Serbia 01-Feb-10 
01-Sep-13 Goods 
Services 2010 
2013 GATT Art. XXIV  
GATS Art. V 
EU - Papua New Guinea / Fiji 20-Dec-09 Goods 2011 GATT Art. XXIV 
EU - Côte d'Ivoire 01-Jan-09 Goods 2008 GATT Art. XXIV 
EU - CARIFORUM States EPA 01-Nov-08 Goods & Services 2008 GATT Art. XXIV & GATS Art. V 
EU - Bosnia and Herzegovina 01-Jul-08 Goods 2008 GATT Art. XXIV 
EU - Montenegro 01-Jan-08 
01-May-10 Goods 
Services 2008 
2010 GATT Art. XXIV  
GATS Art. V 
EU - Albania 01-Dec-06 
01-Apr-09 Goods  
Services 2007 
2009 GATT Art. XXIV 
GATS Art. V 
EU - Algeria 01-Sep-05 Goods 2006 GATT Art. XXIV 
EU - Egypt 01-Jun-04 Goods 2004 GATT Art. XXIV 
EU - Lebanon 01-Mar-03 Goods 2003 GATT Art. XXIV 
EU - Chile 01-Feb-03 
01-Mar-05 Goods 
Services 2004 
2005 GATT Art. XXIV 
GATS Art. V 
EU - Jordan 01-May-02 Goods 2002 GATT Art. XXIV 
EU - San Marino 01-Apr-02 Goods 2010 GATT Art. XXIV 
EU - Former Yugoslav Republic 
of Macedonia 01-Jun-01 
01-Apr-04 Goods 
Services 2001 
2009 GATT Art. XXIV  
GATS Art. V 
EU - Mexico 01-Jul-00 
01-Oct-00 Goods 
Services 2000 
2002 GATT Art. XXIV  
GATS Art. V 
EU - Israel 01-Jun-00 Goods 2000 GATT Art. XXIV 
EU - Morocco 01-Mar-00 Goods 2000 GATT Art. XXIV 
EU - South Africa 01-Jan-00 Goods 2000 GATT Art. XXIV 
EU - Tunisia 01-Mar-98 Goods 1999 GATT Art. XXIV 
EU - Palestinian Authority 01-Jul-97 Goods 1997 GATT Art. XXIV 
EU - Faroe Islands 01-Jan-97 Goods 1997 GATT Art. XXIV 
EU - Turkey 01-Jan-96 Goods 1995 GATT Art. XXIV WT/REG333/1 
 
- 58 - 
 
  RTA Name Date of 
entry into 
force Coverage GATT/WTO Notification 
Year WTO Provision 
  Economic Area (EEA) 01-Jan-94 Services 1996 GATS Art. V 
EU - Andorra 01-Jul-91 Goods 1998 GATT Art. XXIV 
EU - Syria 01-Jul-77 Goods 1977 GATT Art. XXIV 
EU - Norway 01-Jul-73 Goods 1973 GATT Art. XXIV 
EU - Iceland 01-Apr-73 Goods 1972 GATT Art. XXIV 
EU - Switzerland - Liechtenstein 01-Jan-73 Goods 1972 GATT Art. XXIV 
EU – Overseas Countries and 
Territories (OCT) 01-Jan-71 Goods 1970 GATT Art. XXIV 
COLOMBIA 
US - Colombia 15-May-12 Goods & Services 2012 GATT Art. XXIV & GATS Art. V 
Canada - Colombia 15-Aug-11  Goods & Services 2011 GATT Art. XXIV & GATS Art. V 
EFTA - Colombia 01-Jul-11c Goods & Services 2011 GATT Art. XXIV & GATS Art. V 
Colombia - Northern Triangle 
(El Salvador, Guatemala, 
Honduras) 12-Nov-09d Goods & Services 2012 GATT Art. XXIV & GATS Art. V 
Chile - Colombia 08-May-09 Goods & Services 2009 GATT Art. XXIV & GATS Art. V 
Colombia - Mexico 01-Jan-95 Goods & Services 2010 GATT Art. XXIV & GATS Art. V 
Global System of Trade 
Preferences among Developing Countries (GSTP) 19-Apr-89 Goods 1989 Enabling Clause 
Andean Community (CAN) 25-May-88 Goods 1990 Enabling Clause 
Latin American Integration 
Association (LAIA) 18-Mar-81 Goods 1982 Enabling Clause 
LAIA - Accession of Panama 03-May-12 Goods Not notified 
Andean Community 14-Dec-06 Services Not notified under GATS Art. V 
MERCOSUR - Andean 
Community (except Peru)  
[LAIA,AAP.CE N°59] 05-Jan-05 Goods & Services Not notified 
Cuba - Colombia  
[LAIA,AAP.CE N°49] 10-Jul-01 Goods Not notified 
CARICOM - Colombia  
[LAIA, AAP.A25TM N°31] 01-Jan-95 Goods Not notified 
Colombia - Panama  
[LAIA, AAP.A25TM N°29] 01-Jan-95 Goods Not notified 
LAIA - Preferences in favour of 
Bolivia [LAIA, AR.AM N°1]  19-Oct-93 Goods Not notified 
LAIA - Cultural Goods  
[LAIA AR.CEYC N°7]  01-Jan-89  Goods Not notified 
LAIA- Preferences in favour of 
Paraguay [LAIA, AR.AM N°3]  03-Sept-85 Goods Not notified 
PERU 
Costa Rica - Peru 01-Jun-13 Goods & Services 2013 GATT Art. XXIV & GATS Art. V 
Panama - Peru 01-May-12 Goods & Services 2012 GATT Art. XXIV & GATS Art. V 
Japan - Peru 01-Mar-12 Goods & Services 2012 GATT Art. XXIV & GATS Art. V 
Peru - Mexico 01-Feb-12 Goods & Services 2012 GATT Art. XXIV & GATS Art. V 
Peru - Republic of Korea 01-Aug-11 Goods & Services 2011 GATT Art. XXIV & GATS Art. V 
EFTA - Peru 01-Jul-11e Goods 2011 GATT Art. XXIV 
Peru - China 01-Mar-10 Goods & Services 2010 GATT Art. XXIV & GATS Art. V 
Peru - Singapore 01-Aug-09 Goods & Services 2009 GATT Art. XXIV & GATS Art. V 
Canada - Peru 01-Aug-09 Goods & Services 2009 GATT Art. XXIV & GATS Art. V 
Peru - Chile 01-Mar-09 Goods & Services 2011 GATT Art. XXIV & GATS Art. V 
US - Peru 01-Feb-09 Goods & Services 2009 GATT Art. XXIV & GATS Art. V 
Global System of Trade 
Preferences among Developing Countries (GSTP) 19-Apr-89 Goods 1989 Enabling Clause 
Andean Community (CAN) 25-May-88 Goods 1990 Enabling Clause 
Latin American Integration 
Association (LAIA) 18-Mar-81 Goods 1982 Enabling Clause 
Protocol on Trade Negotiations 
(PTN) 11-Feb-73 Goods 1971 Enabling Clause WT/REG333/1 
 
- 59 - 
 
  RTA Name Date of 
entry into 
force Coverage GATT/WTO Notification 
Year WTO Provision 
LAIA - Accession of Panama 03-May-12 Goods Not notified 
Thailand - Peru 31-Dec-11  Goods Not notified 
Andean Community 14-Dec-06 Services Not notified under GATS Art. V 
MERCOSUR - Peru  
[LAIA, AAP,CE N°58] 02-Jan-06f Goods & Services Not notified 
Cuba - Peru  
[LAIA, AAP.CE N°50] 09-Mar-01 Goods Not notified 
LAIA - Seeds [AAP.AG N°2]  21-Aug-95 Goods Not notified 
* For those agreements negotiated under the LAIA  framework, the LAIA reference is included in 
brackets. Details of these agreements can be found at: http://www.aladi.org  
 "Partial scope" agreements are those RTAs not providing for the establishment of a free-trade area 
and/or providing for a limited coverage. 
a The notifications made in July 2014 (see WT/REG353/N/1 and S/C/N/744) stated that the dates of 
entry into force will be: "In acco rdance with the Parties' resp ective internal procedures." 
b The trade pillar of the Association Agreement has been provisionally applied since 1 August 2013 with Honduras, Nicaragua and Panama, since 1 Octo ber 2013 with Costa Rica and El Salvador, and 
since 1 December 2013 with Guatemala. 
 The notifications made in February 2013 (s ee WT/REG332/N/1 and S/C/N/680) stated that: 
"Provisional application of the Agreement by all si gnatory parties is expected in the course of the 
second quarter 2013"; Further notifications to confirm the dates of entry into force between the EU and Central American countries are awaited. 
c The notifications made in September 2011 (see WT/REG299/N/1 and S/C/N/600) stated that: " For 
Norway and Iceland, it will become effective afte r completion of their ratification procedures."; 
Further notifications to confirm the dates of entry into force between Colombia and Norway (01-Sept-14) and between Colombia an d Iceland (01-Oct-14) are awaited. 
d For Colombia-Guatemala: 12-Nov-09; Colombia-El Salvador: 1-Feb-10; Colombia-Honduras: 
27-Mar-10.
 
e For Peru–Switzerland/Liechtenstein: 01-Jul-11; Peru–Iceland:01-Oct-11; Peru–Norway: 01-Jul-12. f For Peru–Argentina/Brazil/Uruguay: 02-Jan-06; Peru-Paraguay: 06-Feb-06. 
Source: WTO Secretariat. 
 
 
 
 WT/REG333/1 
 
- 60 - 
 
  ANNEX 1 
INDICATORS OF TRADE LIBERALIZATION UNDER THE AGREEMENT 
Colombia 
1. Tables A1.1 shows tariff liberalization by Colomb ia by total, agricultural and non-agricultural 
products.  
2. In 2013, Colombia's average applied MFN rate was 8.4% overall (7.3% for non-agricultural 
products and 15.5% for agricultural products). 3.5%  of its tariff was duty free on an MFN basis; 
4.1% of non-agricultural products were duty free wh ile no agricultural products were duty free. As 
a result of the Agreement entering into force (201 3), EU exporters enjoyed an absolute margin of 
preference of 4.1% vis-à-vis the prevailing MFN tariff; 4% for non-agricultural goods and 4.7% for agricultural products. The share of duty free lines for imports from the EU was 61.1%. Ten years 
after the entry into force of the Agreement, in 2023, EU exporters will face zero duties on 95.8% 
of their exports to Colombia (70.4% for agricultural products and 100% for non-agricultural products). At the end of the implementation period, in 2028, they will face zero duties on 96.1% of 
their exports to Colombia (72% for agricultural products and 100% for non-agricultural products). 
Table A1.1 Colombia: Indicators of MFN tari ff rates and preferential rates for imports 
from the EU  
Origin of 
goods Year ALL PRODUCTS Agricultural products a Non-agricultural products 
Average applied 
tariff Share 
of duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share 
of duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share 
of duty-
free 
tariff 
lines 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
MFN 2013 8.4 8.8 3.5 15.5 15.5 0.0 7.3 7.6 4.1 
European 
Union 2013 4.3 11.1 61.1 10.8 18.0 40.1 3.3 9.2 64.5 
  2014 4.1 10.5 61.1 9.9 16.5 40.1 3.1 8.9 64.5 
  2015 3.7 9.5 61.1 8.8 14.7 40.1 2.9 8.1 64.5 
  2016 3.1 8.4 63.2 7.6 16.9 55.0 2.4 6.6 64.5 
  2017 2.5 6.7 63.2 6.9 15.4 55.0 1.8 4.9 64.5 
  2018 1.8 8.8 79.4 6.3 18.1 65.4 1.1 6.0 81.6 
  2019 1.5 7.4 79.4 6.0 17.4 65.4 0.8 4.4 81.6 
  2020 1.2 9.1 86.7 5.7 17.5 67.1 0.5 4.8 89.9 
  2021 1.0 7.9 86.7 5.5 16.9 67.1 0.3 3.1 89.9 
  2022 0.9 6.6 86.7 5.3 16.2 67.1 0.2 1.6 89.9 
  2023 0.7 20.5 95.8 5.4 20.6 70.4 0.0 2.5 100.0 
  2024 0.7 20.3 95.8 5.3 20.4 70.4 0.0 2.5 100.0 
  2025 0.7 20.1 95.8 5.2 20.2 70.5 0.0 2.5 100.0 
  2026 0.7 19.9 95.8 5.2 20.0 70.5 0.0 2.5 100.0 
  2027 0.7 19.7 95.8 5.1 19.7 70.5 0.0 2.5 100.0 
  2028 0.7 20.7 96.1 5.1 20.8 72.0 0.0 2.5 100.0 
a WTO Definition. 
Note:  For tariff lines subject to TRQs, only the ou t-of-quota duty is included in the tariff-related 
calculations; for tariff lines under Colombia's price band system, only the ad valorem  part is included 
in the calculation of averages. 
 Based on the HS 2012 nomenclature. 
Source: WTO Secretariat estimates based on data provided by Colombia and WTO-IDB. 
3. Table A1.2 gives an indication of additional market access in Colombia resulting from the 
entry into force of the Agreement for the EU's top 25 global exports, which accounted for 17.3% of WT/REG333/1 
 
- 61 - 
 
  its global exports in 2010-2012; these corresponded to 81 lines of the Colombian tariff at the HS 
six-digit level (using the HS 2007). In 2013, prior to the entry into force of the Agreement, 2 of these tariff lines already had (MFN) duty free access to the Colombian market. From the date of entry into force of the Agreement, in August 2 013, until the end of implementation, in January 
2023, 77 of the 79 tariff lines, which were (MFN) dutiable, will progressively become duty free for 
exports from the EU while 2 tariff lines will remain dutiable (meat products at MFN rates of 15% and 20% respectively. 
Table A1.2 Colombia: Market access opportunities under the agreement for the EU's top 
25 exports to the world   
European Union's top export products in 2010-2012 Access Conditions to Colombia's import 
markets 
MFN (2013) 
Duty-free in 
Remain Dutiable HS number and description of the product Share in 
global 
exports 
(%) Average 
MFN 
applied 
rate (%)  No. of 
tariff 
lines Duty-free 
Dutiable 
2013 
2018 
2020 
2023 
300490 - other 1.3 7.9   7 5 2       
271019 -- other 1.2 5.0   17 5 12       
290312 -- dichloromethane (methylene chloride)  1.2 5.0   1 1         
291816 -- gluconic acid, its salts and esters 1.2 5.0   4 4         
870323 -- of a cylinder capacity exceeding 1,500 
cc but not exceeding 3,000 cc 1.1 35.0   4     4     
160210 - homogenised preparations 1.0 15.0   1         1 
848190 - parts 1.0 5.0   2   2       
160100 Sausages and similar products, of meat, 
meat offal or blood; food preparations 
based on these products. 0.9 20.0   1         1 
220190 - other 0.8 15.0   1 1         
880240 - aeroplanes and other aircraft, of an 
unladen weight exceeding 15,000 kg 0.8 0.0 1             
852349 -- other 0.8 11.7   3 1 1 1     
220110 - mineral waters and aerated waters 0.6 15.0   1 1         
870324 -- of a cylinder capacity exceeding 3,000 
cc 0.6 35.0   4     4     
850720 - other lead-acid accumulators 0.6 5.0   1       1   
853720 - for a voltage exceeding 1,000 v 0.6 10.0   1 1         
848210 - ball bearings 0.6 5.0   1 1         
620453 -- of synthetic fibres 0.6 10.0   1 1         
852351 -- solid-state non-volatile storage 
devices 0.5 0.0 1             
848180 - other appliances 0.4 6.8   11 1 5 4 1   
870332 -- of a cylinder capacity exceeding 1,500 
cc but not exceeding 2,500 cc 0.3 35.0   2     2     
848230 - spherical roller bearings 0.3 5.0   1 1         
853120 - indicator panels incorporating liquid 
crystal devices (lcd) or light emitting 
diodes (led) 0.3 10.0   1   1       
710231 -- unworked or simply sawn, cleaved or 
bruted 0.3 5.0   1 1         
870899 -- other 0.3 7.1   12 5 2   5   
620419 -- of other textile materials 0.3 10.0   1 1         
Total of above 17.3  2 79 30 25 15 7 2 
Note: Based on HS 2012 nomenclature. 
Source: WTO estimates based on data provided by  Colombia, WTO-IDB and UNSD, Comtrade database. WT/REG333/1 
 
- 62 - 
 
  Peru 
4. Tables A1.3 shows tariff liberalization by Peru by total, agricultural and non-agricultural 
products.  
5. In 2013, Peru's average applied MFN rate was 3.2% overall (3.1% for non-agricultural 
products and 4.1% for agricultural products). 55 % of its tariff was duty free on an MFN basis; 
58.1% of non-agricultural products were duty free  while 34.8% of agricultural products were duty 
free. As a result of the entry into force of the Agreement (2013), EU exporters enjoyed an absolute 
margin of preference of 1.8% vis-à-vis the MFN tariff; 1.9% for non-agricultural goods and 1.3% 
for agricultural products. The share of duty fr ee lines applicable to imports from the EU was 
77.9%. Ten years after the entry into force of the Agreement, in 2023, EU exporters will face zero 
duties on 98% of their exports to Peru (84. 5% for agricultural products and 100% for 
non-agricultural products). At the end of the impl ementation period, in 2030, they will face zero 
duties on 98% of their exports to Peru (84.3% for agricultural products and 100% for non-agricultural products). 
Table A1.3 Peru: Indicators of MFN tariff rates and preferential rates for imports from 
the European Union 
Origin of 
goods Year ALL PRODUCTS Agricultural productsa Non-agricultural products 
Average applied 
tariff Share 
of duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share 
of duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share 
of duty-
free 
tariff 
lines 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
MFN 2013 3.2 7.2 55.0 4.1 6.4 34.8 3.1 7.4 58.1 
European 
Union 2013 1.4 6.3 77.9 2.8 6.5 55.7 1.2 6.2 81.3 
  2014 1.4 6.2 77.9 2.7 6.4 55.7 1.2 6.2 81.3 
  2015 1.3 5.7 77.9 2.5 5.9 55.7 1.1 5.7 81.3 
  2016 1.1 5.2 78.3 2.2 5.7 58.9 0.9 5.0 81.3 
  2017 0.9 4.1 78.3 1.8 4.5 58.9 0.7 4.0 81.3 
  2018 0.6 4.5 85.4 1.3 5.9 74.9 0.5 4.2 87.0 
  2019 0.5 3.8 85.4 1.3 5.6 74.9 0.4 3.3 87.0 
  2020 0.4 3.1 85.9 1.1 5.2 75.6 0.3 2.5 87.4 
  2021 0.3 2.3 85.9 1.0 4.6 75.6 0.2 1.7 87.4 
  2022 0.2 1.5 85.9 0.9 4.0 75.6 0.1 0.9 87.4 
  2023 0.1 5.7 98.0 0.7 5.7 84.5 0.0 3.0 100.0 
  2024 0.1 5.6 98.0 0.7 5.6 84.5 0.0 3.0 100.0 
 2025 0.1 5.4 98.0 0.7 5.5 84.5 0.0 3.0 100.0 
 2026 0.1 5.3 98.0 0.7 5.3 84.5 0.0 3.0 100.0 
 2027 0.1 5.2 98.0 0.7 5.2 84.5 0.0 3.0 100.0 
 2028 0.1 5.0 98.0 0.6 5.0 84.5 0.0 3.0 100.0 
 2029 0.1 4.9 98.0 0.6 4.9 84.5 0.0 3.0 100.0 
 2030 0.1 5.4 98.0 0.6 5.4 84.5 0.0 3.0 100.0 
a WTO Definition. 
Note:  For tariff lines subject to TRQs, only the ou t-of-quota duty is included in the tariff-related 
calculations; for tariff lines under Pe ru's price band system, only the ad valorem  part is included in 
the calculation of averages. 
 Based on the HS 2007 nomenclature. 
Source: WTO Secretariat estimates based on data provided by Peru.  
6. Table A1.4 gives an indication of additional market access in Peru resulting from the entry 
into force of the Agreement for the EU's top 25 gl obal exports, which accounted for 17.6% of its 
global exports in 2010-2012; these corresponded to 113 lines of the Peruvian tariff at the six-digit level (using the HS 2007). In 2013, prior to the en try into force of the Agreement, 80 of these 
tariff lines already had (MFN) duty free access to the Peruvian market. With the entry into force of 
the Agreement, the 33 tariff lines, which were (M FN) dutiable, become progressively duty free for 
exports from the EU (7 in 2013, 6 in 2016, 9 in 2018, 2 in 2010, and 9 in 2023).  WT/REG333/1 
 
- 63 - 
 
  Table A1.4 Peru: Market access opportunities  under the agreement for the EU's top 25 
exports 
European Union's top export products in 2010-2012 Access Conditions to Peru's import 
markets 
MFN (2013) 
Duty-free in 
HS number and description of the product Share in 
global 
exports 
(%) Average 
MFN 
applied 
rate (%) No. of 
tariff 
lines Duty-free 
Dutiable 
2013 
2016 
2018 
2020 
2023 
300490 - other (medicaments) 1.3 6.0  7   7   
271019 -- other (petroleum oils) 1.2 0.0 28       
290312 -- dichloromethane (methylene chloride) 1.2 0.0 1       
291816 -- gluconic acid, its salts and esters 1.2 0.0 4       
870323 -- of a cylinder capacity exceeding 1,500 cc but 
not exceeding 3,000 cc 1.1 6.0  4     4 
271011 -- light oils and preparations 1.0 0.0 18       
160210 - homogenised preparations 1.0 6.0  1    1  
848190 - parts (valves for transmissions) 1.0 0.0 2       
160100 Sausages and similar products, of meat, meat offal 
or blood; food preparations based on these products. 0.9 6.0  1   1   
220190 - other (coffee, tea or mate) 0.8 6.0  3  3    
880240 - aeroplanes and other aircraft, of an unladen 
weight exceeding 15,000 kg 0.8 0.0 1       
220110 - mineral waters and aerated waters 0.6 6.0  3  3    
870324 -- of a cylinder capacity exceeding 3,000 cc 0.6 6.0  4 4     
850720 - other lead-acid accumulators 0.6 6.0  1     1 
853720 - for a voltage exceeding 1,000 v 0.6 0.0 1       
848210 - ball bearings 0.6 0.0 1       
620453 -- of synthetic fibres 0.6 11.0  1 1     
852351 -- solid-state non-volatile storage devices 0.5 0.0 1       
848180 - other appliances 0.4 1.1 9 2   1 1  
870332 -- of a cylinder capacity exceeding 1,500 cc but 
not exceeding 2,500 cc 0.3 6.0  4     4 
848230 - spherical roller bearings 0.3 0.0 1       
853120 - indicator panels incorporating liquid crystal 
devices (lcd) or light emitting diodes (led) 0.3 0.0 1       
710231 -- unworked or simply sawn, cleaved or bruted 0.3 6.0  1 1     
870899 -- other (parts of motor vehicle) 0.3 0.0 12       
620419 -- of other textile materials 0.3 11.0  1 1     
Total of above 17.6  80 33 7 6 9 2 9 
Note: Based on HS 2007 nomenclature. 
Source: WTO estimates based on data provid ed by Peru and UNSD, Comtrade database. 
EU 
7. Tables A1.5 and A1.7 show tariff liberalization by the EU in relation to Colombian and 
Peruvian imports (by total, agricultural and non-agricultural products). Tables A1.6 and A1.8 show 
market access opportunities for the top 25 global exports of Colombia and Peru in the EU.  
a) Market access for Colombia 
8. In 2013, the EU's average applied MFN rate was 4.8% overall (4.1% for non-agricultural 
products and 8.8% for agricultural products). 25 .2% of the EU's tariff was duty free on an MFN 
basis; 27.2% of non-agricultural products were duty free while 18.1% of agricultural products 
were duty free. At the time of entry into force of the Agreement (2013), Colombian exporters WT/REG333/1 
 
- 64 - 
 
  enjoyed an absolute margin of preference of 4.7% vis-à-vis the prevailing MFN tariff; 4.1% for 
non-agricultural goods and 8.2% for agricultural products. The share of duty free lines applicable 
to imports from Colombia was 94.8%. Ten years after the entry into force of the Agreement, in 2023, which also marks the end of the implementation period, Colombian exporters will face zero 
duties on 97% of their exports to the EU (85.5% for agricultural products and 100% for 
non-agricultural products).  
Table A1.5 European Union: Indicators of MFN tariff rates and preferential rates for 
imports from Colombia 
Origin 
of 
goods Year All products Agricultural products a Non-agricultural products  
Average applied 
tariff Share 
of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share 
of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share 
of 
duty-
free 
tariff 
lines 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
MFN 2013 4.8 6.6 25.2 8.8 12.1 18.1 4.1 5.6 27.2 
Colombia 2013 0.1 10.2 94.8 0.6 10.5 75.6 0.0 4.7 99.9 
  2014 0.1 9.9 94.8 0.6 10.3 75.6 0.0 3.7 99.9 
  2015 0.1 8.6 94.8 0.5 8.9 75.6 0.0 2.8 99.9 
  2016 0.1 8.3 95.0 0.5 8.5 76.5 0.0 2.0 99.9 
  2017 0.1 7.5 95.0 0.4 7.8 76.5 0.0 1.0 99.9 
  2018 0.1 8.1 95.2 0.4 8.1 77.3 0.0 0.0 100.0 
  2019 0.1 7.7 95.2 0.4 7.7 77.3 0.0 0.0 100.0 
  2020 0.1 9.2 96.7 0.3 9.2 84.4 0.0 0.0 100.0 
  2021 0.1 8.9 96.7 0.3 8.9 84.4 0.0 0.0 100.0 
  2022 0.1 8.6 96.7 0.3 8.6 84.4 0.0 0.0 100.0 
  2023 0.1 11.0 97.0 0.3 11.0 85.5 0.0 0.0 100.0 
a WTO Definition. 
Note:  For tariff lines subject to TRQs, only the ou t-of-quota duty is included in the tariff-related 
calculations; for the calculation of averag es, specific rates are excluded and the ad valorem  parts of 
alternate rates are included.   Based on HS 2007 nomenclature.  
Source: WTO estimates based on data provided by the European Union and WTO-IDB database.  
9. Table A1.6 gives an indication of additional market access in the EU resulting from the entry 
into force of the Agreement for Colombia's top 25 global exports, which accounted for 82.4% of its 
global exports in 2009-2011; these corresponded to 94 lines of the EU's tariff at the six-digit level 
(using the HS 2007). In 2013, prior to the entry into force of the Agreement, 35 of these tariff lines already had (MFN) duty free access to the EU's market. With the entry into force of the 
Agreement, in August 2013, 55 of the 59 tariff lines, which were (MFN) dutiable, became duty free 
for exports from Colombia while 4 tariff line s will remain dutiable once the Agreement is 
implemented (bananas whose MFN rate in 2013 was 16%, refined sugar with a specific duty of 
41.9 €/100 kg/net, and other sugars whose MFN rate was 9.5%).  WT/REG333/1 
 
- 65 - 
 
  Table A1.6 EU: Market access opportunities under the agreement for Colombia's top 25 
exports to the world 
Colombia: 2010-2012 
HS number and description of the product Share 
in 
global 
exports 
(%) Access conditions to the EU's 
import markets 
MFN (2013) Duty-
free 
in 
Remain Dutiable Average 
MFN 
applied 
rate No. of tariff 
lines 
2013 Duty-
free 
Dutiable  
270900 Petroleum oils and oils obtained from bituminous 
minerals, crude. 40.1 0.0 2       
270112 -- bituminous coal 13.1 0.0 2       
271019 -- other (petroleum oils) 5.7 2.6 8 17 17   
710812 -- other unwrought forms (non-monetary gold) 5.0 0.0 1       
090111 -- not decaffeinated 4.1 0.0 1       
271011 -- light oils and preparations 2.1 3.8 2 10 10   
720260 - ferro-nickel 1.7 0.0 1       
080300 Bananas, including plantains, fresh or dried. 1.5 16.0   3 2 1 
060319 -- other (fresh cut flowers) 1.0 9.7   2 2   
270400 Coke and semi-coke of coal , of lignite or of peat, 
whether or not agglomerated; retort carbon. 1.0 0.0 4       
170199 -- other (cane of beet sugar) 0.8 41.9 
€/100 
kg/net    2   2 
060311 -- roses 0.7 9.7   1 1   
740400 Copper waste and scrap. 0.6 0.0 3       
271121 -- natural gas 0.6 0.0 1       
390410 - poly(vinyl chloride), not mixed with any other 
substances 0.6 6.5   1 1   
390210 - polypropylene 0.5 6.5   1 1   
300490 - other (medicaments) 0.5 0.0 4       
210111 -- extracts, essences and concentrates 0.5 9.0   2 2   
060312 -- carnations 0.5 9.7   1 1   
880240 - aeroplanes and other aircraft, of an unladen 
weight exceeding 15,000 kg 0.4 2.7   1 1   
170490 - other (sugar confectionary) 0.4 9.5   10 9 1 
481840 - sanitary towels and tampons, napkins and napkin 
liners for babies and similar sanitary articles 0.3 0.0 4       
710813 -- other semi-manufactured forms (non-monetary 
gold) 0.3 0.0 2       
380892 -- fungicides 0.3 5.9   7 7   
390230 - propylene copolymers 0.3 6.5   1 1   
Total of above 82.4  35 59 55 4 
Note:  For tariff lines subject to TRQs, only the ou t-of-quota duty is included in the tariff-related 
calculations; for the calculation of averag es, specific rates are excluded and the ad valorem  parts of 
alternate rates are included.   Based on HS 2007 nomenclature.  
Source: WTO estimates based on data provided by the European Union, WTO-IDB and UNSD, Comtrade 
database. 
b) Market access for Peru 
10. In 2013, the EU's average applied MFN rate was 4.8% overall (4.1% for non-agricultural 
products and 8.8% for agricultural products). 25 .2% of the EU's tariff was duty free on an MFN 
basis; 27.2% of non-agricultural products were duty free while 18.1% of agricultural products 
were duty free. At the time of entry into fo rce of the Agreement (2013), Peruvian exporters WT/REG333/1 
 
- 66 - 
 
  enjoyed an absolute margin of preference of 4.7% vis-à-vis the prevailing MFN tariff; 4.1% for 
non-agricultural goods and 8.2% for agricultural products. The share of duty free lines applicable 
to imports from Peru was 94.8%. At the end of the implementation period and ten years after the entry into force of the Agreement, in 2023, Peruvi an exporters will face zero duties on 97% of 
their exports to Peru (85.5% for agricultural pr oducts and 100% for non-agricultural products).  
Table A1.7 European Union: Indicators of MFN tariff rates and preferential rates for 
imports from Peru 
Origin 
of 
goods Year All products Agricultural products a Non-agricultural products 
Average applied 
tariff Share 
of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share 
of 
duty-
free 
tariff 
lines 
(%) Average applied 
tariff Share 
of 
duty-
free 
tariff 
lines 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) Overall 
(%) On 
dutiable 
(%) 
MFN 2013 4.8 6.6 25.2 8.8 12.1 18.1 4.1 5.6 27.2 
Peru 2013 0.1 10.4 94.8 0.6 10.7 75.6 0.0 4.7 99.9 
  2014 0.1 9.6 94.8 0.6 9.9 75.6 0.0 3.7 99.9 
  2015 0.1 8.8 94.8 0.5 9.1 75.6 0.0 2.8 99.9 
  2016 0.1 8.5 95.0 0.5 8.8 76.5 0.0 2.0 99.9 
  2017 0.1 7.8 95.0 0.4 8.1 76.5 0.0 1.0 99.9 
  2018 0.1 8.6 95.2 0.4 8.6 77.3 0.0 0.0 100.0 
  2019 0.1 8.2 95.2 0.4 8.2 77.3 0.0 0.0 100.0 
  2020 0.1 9.2 96.7 0.3 9.2 84.4 0.0 0.0 100.0 
  2021 0.1 8.9 96.7 0.3 8.9 84.4 0.0 0.0 100.0 
  2022 0.1 8.6 96.7 0.3 8.6 84.4 0.0 0.0 100.0 
  2023 0.0 11.5 97.0 0.3 11.5 85.5 0.0 0.0 100.0 
a WTO Definition. 
Note:  For tariff lines subject to TRQs, only the ou t-of-quota duty is included in the tariff-related 
calculations; for the calculation of averag es, specific rates are excluded and the ad valorem  parts of 
alternate rates  are included.   Based on HS 2007 nomenclature.  
Source: WTO estimates based on data provided by the European Union and WTO-IDB database.  
11. Table A1.8 gives an indication of additional market access in the EU resulting from the entry 
into force of the Agreement for Peru's top 25 gl obal exports, which accounted for 80.6% of its 
global exports in 2010-2012; these corresponded to 75 lines of the EU's tariff at the six-digit level 
(using the HS 2007). In 2012, prior to the entry into force of the Agreement, 28 of these tariff lines already had (MFN) duty free access to the EU's market. With the entry into force of the Agreement, in 2013, only one tariff line which was not (MFN) duty free
1 remained dutiable for 
exports from Peru. 
                                               
1 HS 080610: fresh grapes with a MFN duty in 2013 of 15.5%. WT/REG333/1 
 
- 67 - 
 
  Table A1.8 European Union: Market access op portunities under the agreement for Peru's 
top 25 exports. 
Peru: 2010-2012 
HS number and description of the product Share in 
global 
exports 
(%) Access conditions to the EU's 
import markets 
MFN (2013) Duty-
free 
in 
Remain Dutiable Average 
MFN 
applied 
rate (%) No. of tariff 
lines 
2013 Duty-free  
Dutiable 
710812 -- other unwrought forms 21.5 0.0 1       
260300 Copper ores and concentrates. 17.7 0.0 1       
740311 -- cathodes and sections of cathodes 5.7 0.0 1       
230120 - flours, meals and pellets, of fish or of crustaceans, 
molluscs or other aquatic invertebrates 4.1 0.0 1       
260700 Lead ores and concentrates. 4.0 0.0 1       
271011 -- light oils and preparations 3.4 3.8 2 10 10   
271019 -- other (petroleum oils) 3.4 2.6 8 17 17   
260800 Zinc ores and concentrates. 2.9 0.0 1       
090111 -- not decaffeinated 2.8 0.0 1       
271111 -- natural gas 2.3 0.0 1       
260111 -- non-agglomerated 1.8 0.0 1       
270900 Petroleum oils and oils obtained from bituminous 
minerals, crude. 1.3 0.0 2       
261390 - other (molybdenum ores and concentrates) 1.2 0.0 1       
261610 - silver ores and concentrates 1.2 0.0 1       
610910 - of cotton (T-shirts) 1.1 12.0   1 1   
150420 - fats and oils and their fractions, of fish, other than 
liver oils 0.9 5.5 1 1 1   
070920 - asparagus 0.7 10.2   1 1   
790111 -- containing by weight 99.99% or more of zinc 0.7 2.5   1 1   
740811 -- of which the maximum cross-sectional dimension 
exceeds 6 mm 0.7 4.8   1 1   
080610 - fresh (grapes) 0.7 15.5   2 1 1 
710691 -- unwrought (silver)  0.7 0.0 2       
251010 - unground (natural calcium phosphates, aluminium 
and phosphatic chalk) 0.6 0.0 1       
610510 - of cotton (shirts) 0.6 12.0   1 1   
800110 - tin, not alloyed 0.5 0.0 1       
030749 -- other (cuttle fish) 0.5 6.8   12 12   
Total of above 80.6 3.5 28 47 46 1 
Note:  For tariff lines subject to TRQs, only the out-of-quota duty is included in the tariff-related 
calculations; for the calculation of averag es, specific rates are excluded and the ad valorem  parts of 
alternate rates are included.   Based on HS 2007 nomenclature.  
Source:  WTO estimates based on da ta provided by the European Un ion, WTO-IDB and UNSD, Comtrade 
database. WT/REG333/1 
 
- 68 - 
 
  ANNEX 2 
Table A2.1 Peru: Products subject to the price band system 
HS 2007 Nomenclature Summarized Description MFN 2014 a Category 
0401100000, 0401200000 Milk and cream SPFP + 0% Excluded 
0402101000, 0402109000, 
0402211100, 0402211900, 
0402219100, 0402219900 
0402291100, 0402291900 
0402299100, 0402299900, 
0402991000 Powder milk 
 
 
 
 
Condensed milk SPFP + 0% TRQ: Aggregate quota of 3000 
mt with an annual increase of 
300 mt. Out of quota: MFN 
and duty free in 2030. 
Category “0”: Duty free Other whey SPFP + 0%  
0405100000 
0405902000 
0405909000 Butter 
Other fats ("butteroil") 
Other fats SPFP + 0% TRQ: Aggregate quota of 250 
mt with an annual increase of 
25 mt. Out of Quota: MFN 
0406300000 
0406904000, 0406905000 0406906000, 0406909000 Processed cheese 
Other cheese  SPFP + 0% TRQ: Aggregate quota of 2500 
mt with an annual increase of 250 mt. Out of Quota: MFN 
and duty free in 2030. 
1005901100 
1005901200 
1005909000 Yellow corn 
White corn 
Other corn SPFP + 0% TRQ: Aggregate quota of 
10000 mt with an annual 
increase of 1000 mt. Out of 
Quota: MFN 
1006109000 
1006200000 1006300000 1006400000 Other rice 
Husked rice Semi-milled or wholly milled rice Broken rice SPFP + 0% TRQ: Aggregate quota of 
17000 mt with an annual increase of 1700 mt. Out of Quota: MFN 
1007009000 
1103130000 
1108120000 
1108130000 Other grain sorghum 
Groats and meals of corn 
Corn starch 
Potato starch SPFP + 0% 
SPFP + 0% 
SPFP + 6% 
SPFP + 6% Excluded 
1701119000 1701120000 1701999000 1702302000 1702600000 1702902000 1702903000 1702904000 Other starch 
Cane sugar Beet sugar Other cane and beet sugar Glucose syrup sugar caramel  sugar with flavouring/colouring  other syrups SPFP + 0% TRQ: Aggregate quota of 
11000 mt with an annual increase of 330 mt. Out of Quota: MFN 
1901902000 ex "Manjar blanco" and "dulce de 
leche" (sugar content>70%) SPFP + 0% TRQ: Aggregate quota of 5000 
mt with an annual increase of 
150 mt. Out of quota: MFN 
1901902000 ex "Manjar blanco" and "dulce de 
leche" (sugar content<70%) SPFP + 0% Excluded 
1901909000 ex Other food preparations of flour, 
meal, starch or malt extract (sugar 
content>70%) SPFP + 0% TRQ: Aggregate quota of 5000 
mt with an annual increase of 
150 mt. Out of quota: MFN 
1901909000 ex Other food preparations of flour, 
meal, starch or malt extract (sugar content<70%) SPFP + 0% Excluded 
2106907900 ex Other food supplement (sugar 
content>70%) SPFP + 0% TRQ: Aggregate quota of 5000 
mt with an annual increase of 
150 mt. Out of quota: MFN 
2106907900 ex Other food supplement (sugar 
content<70%) SPFP + 0% Excluded 
2106909000 ex Other food preparations (sugar 
content>70%) SPFP + 0% TRQ: Aggregate quota of 5000 
mt with an annual increase of 
150 mt. Out of quota: MFN 
2106909000 ex Other food preparations (sugar 
content<70%) SPFP + 0% Excluded 
2309909000 Other preparations of a kind used 
in animal feeding SPFP + 0% Excluded 
3505100000 Dextrins and other modified 
starches SPFP + 6% Excluded 
a SPFP: Peruvian Band System (Fixed component = specific duty). 
Source: Data provided by Peru. WT/REG333/1 
 
- 69 - 
 
  Table A2.2 Colombia: Products subject to the price band system 
HS 2012 Nomenclature Summarized Description MFN 2014 a Base Rate Category 
0203110000, 0203120000 
0203191000, 0203192000 0203193000, 0203199000 0203210000, 0203220000 0203291000, 0203292000 0203293000, 0203299000 Meat of bovine animals, fresh or 
chilled (extracts) MEP + 20%   E 
0207110000, 0207120000 
0207130000, 0207140000 
0207240000, 0207250000 
0207260000, 0207270000 
0207410000, 0207420000 
0207430000, 0207440000 
0207450000, 0207510000 
0207520000, 0207530000 
0207540000, 0207550000 
0207600000 Meat of sheep or goats, fresh, 
chilled or frozen (extracts) MEP + 20%   E 
0210120000, 0210190000 (meat of swine) Bellies (streaky) 
and cuts thereof and other MEP + 20% 44% G 
0401100000, 0401200000 
0401400000, 0401500000 Milk and cream, not concentrated 
nor containing added sugar or 
sweetening matter  MEP + 15%   E 
0405100000, 0405200000 
0405902000, 0405909000 
 Butter and other fats and oils 
derived from milk ("butteroil") 
(extracts) MEP + 20%   E 
0406300000, 0406904000, 
0406905000, 0406906000 
0406909000 Cheese and curd MEP + 20% 52% Q 
1001190000, 1001991010 
1001991090, 1001992000 Wheat and meslin MEP + 10% MEP (1) A 
1003900010, 1003900090 Barley MEP + 15% MEP (1) A 
1005901100, 1005903000 
1005904000, 1005909000 Maize (corn) MEP + 15%   E 
1007900000 Grain sorghum MEP + 15%   E 
1101000000 Wheat and meslin flour MEP + 10% MEP (1) A 
1102200000 Cereal flours other than of wheat 
and meslin MEP + 20%   E 
1103110000 Cereal goats, meal and pellets MEP + 10% MEP (1) A 
1107100000, 1107200000 Malt MEP + 15% MEP (1) A 
1108110000 
1108120000, 1108190000 Starches  MEP + 10% 
MEP + 20%   E 
1201900000 Soya beans MEP + 15%   E 
1202410000, 1202420000 Ground-nuts, not roasted or 
otherwise cooked MEP + 15%   E 
1205109000, 1205909000 Rape or colza seeds MEP + 15%   E 
1206009000 Sunflower seeds MEP + 15%   E 
1207409000 Sesamum seeds MEP + 15%   E 
1207999100, 1207999900 Other oil seeds and oleaginous 
fruits (extract) MEP + 15%   E 
1208100000, 1208900000 Flours and meals of oil seeds or 
oleaginous fruits, other than 
mustard MEP + 15%   E 
1501100000 Lard MEP + 15% MEP (2) IB 
1501200000 Other pig fats MEP + 15% MEP (2) IB 
1501900000 Poultry fats (extracts) MEP + 15% MEP (2) IB 
1502101000, 1502109000 
1502901000, 1502909000 F a t s  o f  b o v i n e  a n i m a l s ,  s h e e p  o r  
goats MEP + 15% MEP (2) IB 
1503000000 Lard stearin, lard oil, oleosterin, 
oleo-oil and tallow oil,  MEP + 15% MEP (2) IB 
1506001000, 1506009000 Other animal fats and oils and their 
fractions MEP + 15% MEP (2) IB 
1507100000, 1507901000 
1507909000 Soya-bean oil and its fractions MEP + 20% MEP (2) IA 
1508100000, 1508900000 Ground-nut oil and its fractions MEP + 20% MEP (2) IA 
1511100000, 1511900000 Palm oil and its fractions MEP + 20% MEP (2) IA 
1512111000, 1512112000 
1512191000, 1512192000 
1512210000, 1512290000 Sunflower-seed, safflower or 
cotton-seed oil and fractions  MEP + 20% MEP (2) IA 
1513110000, 1513190000 
1513211000, 1513291000 Coconut (copra), palm kernel or 
babassu oil and fractions MEP + 20% MEP (2) IA WT/REG333/1 
 
- 70 - 
 
  HS 2012 Nomenclature Summarized Description MFN 2014 a Base Rate Category 
1514110000, 1514190000 Low erucic acid rape or colza oil 
and fractions (extract) MEP + 20% MEP (2) IA 
1514910000, 1514990000 Low erucic acid rape or colza oil 
and fractions (extracts)    
1515210000, 1515290000 
1515300000, 1515500000 Maize oil and fractions (extracts) MEP + 20% MEP (2) IA 
1515900010 Other fixed vegetable fats and oils 
and fractions (extracts) MEP + 10% MEP (2) IA 
1515900090 Other fixed vegetable fats and oils 
and fractions (extracts) MEP + 20% MEP (2) IA 
1516200000 Vegetable fats and oils and their 
fractions (extract) MEP + 20% MEP (2) IA 
1517100000, 1517900000 Margarine; and other edible 
mixtures or preparations of animal 
or vegetable fats or oils MEP + 20% MEP (2) IA 
1518001000, 1518009000 Animal or vegetable  fats and oils 
and their fractions  MEP + 20% MEP (2) IA 
1601000000 Sausages and similar products of 
meat, meat offal or blood MEP + 20% MEP (2) H 
1602311000, 1602321000 
1602391000 Other prepared or preserved meat 
of poultry (extracts) MEP + 20%   E 
1602410000, 1602420000 Other prepared or preserved meat 
of swine (extracts) MEP + 20% 44% G 
1701120000 Beet sugar  MEP + 15%   E 
1701140000, 1701910000 
1701991000, 1701999000 Other cane sugar MEP + 15% MEP (1) AZ 
1702302000, 1702309000 
1702401000, 1702402000 Other sugars including glucose and 
glucose syrup (extracts) MEP + 20%   E 
1702600000, 1702902000 
1702903000, 1702904000 Other sugars including fructose 
and fructose syrup (extracts) MEP + 15%   E 
1702909000 Other sugars including invert sugar 
and other sugar and sugar syrup blends containing in the dry state 50% by weight of fructose MEP + 10%   E 
1703100000, 1703900000 Molasses resulting from the 
extracting or refining of sugar MEP + 15% MEP (2) K 
1902190000 Pasta MEP + 15% 20% B 
2301201100, 2301201900 Flours, meals and pellets, of fish or 
of crustaceans, molluscs or other 
aquatic invertebrates MEP + 15% MEP (2) IB 
2302100000 Bran, sharps and other residues 
from  maize (corn) MEP + 15%   E 
2302300000 Bran, sharps and other residues 
from wheat MEP + 15% MEP (1) A 
2302400000 Bran, sharps and other residues 
from other cereals MEP + 15% MEP (2) FA 
2304000000 Oil-cake and other solid residues, 
from the extraction of soybean oil MEP + 15% MEP (2) IB 
2306100000, 2306300000 
2306900000 Oil-cake and other solid residues 
from the extraction of vegetable fats or oils MEP + 15% MEP (2) IB 
2308009000 Vegetable materials and vegetable 
waste MEP + 15% MEP (2) IB 
2309109000 Dog or cat food for retail sale MEP + 20%   E 
2309901000 Other preparations used in animal 
feed (extracts) MEP + 15%   E 
2309909000 Other preparations used in animal 
feed (extracts) MEP + 15% 15% J 
3505100000, 3505200000 Casein, caseinates and other 
casein derivatives, casein glues MEP + 20%   E 
3823110000, 3823120000 
3823190000 Industrial monocarboxylic fatty 
acids;acid oils from refining; industrial fatty alcohols MEP + 15% MEP (1) IB 
a  MEP (Price stabilization mechanism (Fixed component = ad valorem duty). 
Notes:  For a description of th e Categories, please refer to An nex I, Appendix 1, Section A 
Category  A: Complete elimination up on entry into force of the Agreement 
Category  E: Exempt fro m elimination commitments 
Category FA: Elimination of the fixed component of the ME P (15%) in 11 equal yearly cuts (starting upon entry  
  into force) Category G: Elimination in 3 equal yearly cuts (starting on year 3) WT/REG333/1 
 
- 71 - 
 
  Category H: Elimination of the fix component of the ME P (20%) in 5 equal yearly cuts (starting on year 2) 
Category IA: Elimination of the fix component of the ME P (20%) in 8 equal yearly cuts (starting on year 3) 
Category IB: Elimination of the fix component of the ME P (15%) in 8 equal yearly cuts (starting on year 3) 
Category J: Elimination in 10 equal yearly cuts (starting on year 3)  Category K: Elimination of the fix component of the ME P (15%) in 5 equal yearly cuts (starting on year 6) 
Category AZ: TRQ commitment  (see details in Annex I, Appendix 1, Section A) 
Category Q: TRQ commitment  (see details in Annex I, Appendix 1, Section A) 
MEP (1)  Preferences apply to the full du ty (fix component + variable component) 
MEP (2)  Preferential treatment apply only to the fix component xx%  Preferential rates were negotiated taking into account the full duty as the base rate.  
Source:  Secretariat, based on data provided by Colombia and IDB (for MFN rates) and Annex I,  
  Appendix I, Section A to the Agreement. 
   
  WT/REG333/1  
 
- 72 - ANNEX 3 
TARIFF-RATE QUOTAS WITHIN THE AGREEMENT 
1. Tables A3.1 through A3.4 below identify the tariff lines covered by each Party's TRQ commitments, as well as the applicable in and out of quota 
tariff rates. It also depicts the quota quantity, the quota year ly increase, and makes reference to the category of the tariff elimination programme 
applied to each product.   
Table A3.1 Applied preferential ta riff rate quotas to Colombian imports, by the European Union. 
Product 
Group Tariff Lines In 
Quota  
Rates Out of Quota Rates Quantity Aggregate 
amount 
Yearly 
increase 2014 Duty-
free 
 in Phase-
Out 
Category 
Mushrooms 20031020 0% 191 €/100 kg/net eda - AV0 100 
mt 5 mt 
20031030 222 €/100 kg/net eda 
07115100 191 €/100 kg/net eda 
Sweetcorn 07104000; 07119030; 20019030; 20049010; 20058000; 20089985 0% 9.4 €/100 kg/net - AV0 200 
mt 10 mt 
Food 
products 
exceeding 
30% (for HS 
heading 
20.04) or 
70% of 
sugar 
content ex.20096911 0% 121 €/hl + 20.6 €/100 kg/n
et - AV0 20000 
mt 600 mt 
20096971 131 €/hl + 20.6 €/100 kg/n
et 
ex.20097911 18.4 €/100 kg/net 
ex.20079920 19.7 €/100 kg/net 
ex.20091111;20091191;ex.20091911;20091991;ex.20092911; 
20092991; ex.20093911;20093951;20093991;ex.20094911; 20094991; ex.20098011; ex.20098035; 20098061;20098086; ex.20099011;20099031; 20099071; 20099094 20.6 €/100 kg/net 
ex.20079931;ex.20079933; ex.20079935; ex.20079939; 
ex.20060031; ex.20060038; ex.20079110 23 €/100 kg/net 
20096979 27 €/hl + 20.6 €/100 kg/net 
18061030 31.4 €/100 kg/net 
18061090 41.9 €/100 kg/net 
ex.19019099; ex.21012098; ex.21069098; ex.33021029 EAa 
ex.17049099; ex.18062095 EA MAX 18.7 + AD S/Z 
Bovine meat 02023010; 02023050; 02013000; 02023090 0% MFN - - 5600 
mtd 560 mtd 
Milk and 
Cream 04029939; 04029931; 04029999; 04029991; 04029911; 04029919 0% MFN - - 100 
mt 5 mt  
  WT/REG333/1  
 
- 73 - Product 
Group Tariff Lines In 
Quota  
Rates Out of Quota Rates Quantity Aggregate 
amount 
Yearly 
increase 2014 Duty-
free 
 in Phase-
Out 
Category 
Rum and 
Other spirits 
(Sugar-cane 
based) 22084051; 22084099 0% MFN - - 1500 
hle 100 hle 
Sugar 17011110; 17011190; 17019100; 17019910; 17019990 0% MFN - - 62000 
mtf 1860 mtf 
Yogurt 04031031; 04031033; 04031039; 04031011; 04031013; 04031019; 
04031091; 04031053; 04031059; 04031093; 04031099; 04031051 0% MFN - - 100 
mt 5 mt 
a Agriculture additional duty.  
b From 2020 onwards, the preferential in quota rate will be equal to 75€/1000 kg/net. c Unlimited quantity from 2020.  d Express in product weight. e Express in equivalent of pure alcohol.  f Express in raw sugar equivalent.  
Note:  Details regarding phase-out cate gories are found in Annex I, Append ix 1, Section B, Subsection 1.  
Source: EU authorities and WTO-IDB database.   
  WT/REG333/1  
 
- 74 - Table A3.2 Applied preferential ta riff rate quotas to Peruvian impo rts, by the European Union.  
Product Group Tariff Lines In 
Quota 
Rates  Out of Quota Rates Quantity Aggregate 
amount 
Yearly 
increase 2014 Duty-
free 
in Phase-
Out 
Category  
Ice Cream 21050010 
0% 7.6€/Kg 
2023 10 150 mt 15 mt 21050091 5.7€/Kg 
21050099 5.6€/Kg 
Buttermilk, 
curdled milk 
and cream 04039061;04039063;04039069 
0% 0.1€/Kg+15.9€/100kg/net 
2020 7 1900 mt 190 mt 04039031 0.75€/Kg+16.6€/100kg/net 
04039033 1.11€/Kg+16.6€/100kg/net 
04039039 1.22€/Kg+16.6€/100kg/net 
04039011 75.4€/100kg/net 
04039013 101.9€/100kg/net 
04039019 125.4€/100kg/net 
04039051 1.22€/100kg/net 
04039053 15.5€/100kg/net 
04039059 18.4€/100kg/net 
6.2€/Kg+9.4€/100kg/net 04039091 
04039073 6.2€/Kg+97.8€/100kg/net 
04039079 6.2€/Kg+126.6€/100kg/net 
04039093 6.2€/Kg+12.9€/100kg/net 
04039099 6.2€/Kg+20€/100kg/net 
04039071 6.2€/Kg+71.4€/100kg/net 
Butter and dairy 
spreads 04051011; 04051019; 04051030; 04051050; 04052090 
0% 142.2€/100Kg/net 
2020 7 500 mt 50 mt 04051090; 04059010; 04059090 173.4€/100Kg/net 
04051030; 04051050 6.7+ EAa 
 
 
 
 
Cheese and 
curd 
 
 
 
 04062010; 04069019 
0% 5.7% 
2020 7 2500 mt 250 mt 04063031 104.3€/100Kg/net 
04064010; 04064050; 04064090 105.6€/100Kg/net 
04063010; 04063039 108.6€/100Kg/net 
04069023; 04069025; 04069027; 04069029; 04069032; 04069035;  
113.2€/100Kg/net 04069037; 04069039; 04069050; 04069073; 04069075; 04069076;  
04069078; 04069079; 04069081; 04069082; 04069084; 04069085;  
04069086; 04069087; 04069088 
04069001; 04069021 125.3€/100Kg/net 
04069013; 04069015; 04069017; 04069018 128.7€/100Kg/net 
04061020; 04069093 138.9€/100Kg/net 
04062090; 04069061; 04069063; 04069069 141.1€/100Kg/net 
04063090 161.2€/100Kg/net 
04061080; 04069099 165.9€/100Kg/net  
  WT/REG333/1  
 
- 75 - Product Group Tariff Lines In 
Quota 
Rates  Out of Quota Rates Quantity Aggregate 
amount 
Yearly 
increase 2014 Duty-
free 
in Phase-
Out 
Category  
Powder Milk 04021011 0% 94€/100Kg/net 2020 7 3000 mt 300 mt 
04021019 89.1€/100Kg/net 
04021091 0.8€/Kg+20.6€/100Kg/net 
04021099 0.8€/Kg+15.7€/100Kg/net 
04022111 101.7€/100Kg/net 
04022117; 04022119 97.8€/100Kg/net 
04022191 125.4€/100Kg/net 
04022199 121.4€/100Kg/net 
04022911; 04022915 0.9€/Kg+16.5€/100Kg/net 
04022919 0.9€/Kg+12.6€/100Kg/net 
04022991 1.2€/Kg+16.5€/100Kg/net 
04022999 1.2€/Kg+12.6€/100Kg/net 
04029911; 04029919 42.9€/100Kg/net 
04029931 0.8€/Kg+14.5€/100Kg/net 
04029939 0.8€/Kg+13.8€/100Kg/net 
04029991 1.3€/Kg+14.5€/100Kg/net 
04029999 1.3€/Kg+13.8€/100Kg/net 
04029111; 04029119 0% 26€/100Kg/net 2020 7 6000 mt 600 mt 
04029131; 04029139 
 32.5€/100Kg/net 
    04029151 82.5€/100Kg/net 
04029159 81.8€/100Kg/net 
04029191; 04029199 137.7€/100Kg/net 
Swine Meat 02031915; 02032915 
0% 35€/100Kg/net 
2020 7 4000 mt 400 mt 02031110; 02032110 40.2€/100Kg/net 
02031219; 02031911; 02032219; 02032911 45€/100Kg/net 
02031211; 02032211 58.3€/100Kg/net 
02031913; 02031955; 02031959; 02032913; 02032955; 02032959 65.1€/100Kg/net 
Garlic 07032000 0% 120 €/100 kg/net - AV0 750 mt 75 mt 
Mushrooms 07115100 
0% 191 €/100 kg/net eda 
- AV0 100 mt 10 mt 20031020 191 €/100 kg/net eda 
20031030 222 €/100 kg/net eda 
Sweet Corn 07104000; 07119030; 20019030; 20049010; 20058000; 20089985 0% 5.1 + 9.4 €/100 kg/net - AV0 700 mt 70 mt  
  WT/REG333/1  
 
- 76 - Product Group Tariff Lines In 
Quota 
Rates  Out of Quota Rates Quantity Aggregate 
amount 
Yearly 
increase 2014 Duty-
free 
in Phase-
Out 
Category  
Food products 
exceeding 30% 
(for HS heading 
20.04) or 70% 
of sugar 
content  ex.17049099; ex.18062095 
0% EAa MAX 18.7 + AD S/Z 
- AV0 10000 mt 300 mt 18061030 31.4 €/100 kg/net 
18061090 41.9 €/100 kg/net 
ex.19019099; ex.21069098; ex.21011298; ex.21012098; ex.33021029 EAa 
ex.20060031; ex.20060038 23.9 €/100 kg/net 
ex. 20079920 19.7 €/100 kg/net 
ex.20079110; ex.20079935; ex.20079931; ex.20079933; ex.20079939 23 €/100 kg/net 
ex.20091111; ex.20091991; ex.20091191; ex.20091911; ex.20092911; 
ex.20092991; ex.20093911; ex.20093951; ex.20093991; ex.20094911; 
ex.20094991; ex.20098011; ex.20098035; 20098061; 20098086; 
ex.20099011; ex.20099021; 20099031; 20099071; 20099094 20.6 €/100 kg/net 
Fructose 17025000 0% 50.7 €/100 kg/net - AV0 22000 mt 660 mt 
Bananas 08030019; 08030019 117€ 
1000kg/n
etb MFN - - 78750 mt 3750 
mt up 
to 
101250 
mt in 
2019c 
Bovine Meat 02012030; 02022030; 02011000; 02012020; 02021000; 02022010;  
0% MFN - - 2150 mtd 215 
mtd 02012050; 02022050; 02023010; 02023050; 02012090; 02022090;  
02013000; 02061095; 02023090; 02062991; 02102010; 02102090;  
02109951; 02109990; 16025010; 16029061 
Maize 10059000 0% MFN - - 10000 mt 1000 
mt 
Poultry 02071110; 02071130; 02071190; 02071210; 02071290; 02071310;  
02071320; 02071330; 02071340; 02071350; 02071360; 02071370; 
02071399; 02071410; 02071420; 02071430; 02071440; 02071450; 
02071460; 02071470; 02071499; 02072410; 02072490; 02072510; 
02072590; 02072610; 02072620; 02072630; 02072640; 02072650; 
02072660; 02072670; 02072680; 02072699; 02072710; 02072720; 
02072730; 02072740; 02072750; 02072760; 02072770; 02072780; 
02072799; 02073211; 02073215; 02073219; 02073251; 02073259; 
02073290; 02073311; 02073319; 02073351; 02073359; 02073390; 
02073511; 02073515; 02073521; 02073523; 02073525; 02073531; 
02073541; 02073551; 02073553; 02073561; 02073563; 02073571; 0% MFN - - 7500 mt 750 mt  
  WT/REG333/1  
 
- 77 - Product Group Tariff Lines In 
Quota 
Rates  Out of Quota Rates Quantity Aggregate 
amount 
Yearly 
increase 2014 Duty-
free 
in Phase-
Out 
Category  
 
 
 
 02073579; 02073599; 02073611; 02073615; 02073621; 02073623; 
02073625; 02073631; 02073641; 02073651; 02073653; 02073661; 
02073663; 02073671; 02073679; 02073690; 02109939; 16022011; 
16022019; 16022090; 16023111; 16023119; 16023130; 16023190; 
16023211; 16023219; 16023230; 16023290; 16023921; 16023929; 
16023940; 16023980       
Rice 10061021; 10061023; 10061025; 10061027; 10061092; 10061094; 
10061096; 10061098; 10062011; 10062013; 10062015; 10062017; 
10062092; 10062094; 10062096; 10062098; 10063021; 10063023; 
10063025; 10063027; 10063042; 10063044; 10063046; 10063048; 
10063061; 10063063; 10063065; 10063067; 10063092; 10063094; 
10063096; 10063098; 10064000 0% MFN - - 34000 mt 3400 
mt 
Rum and Other 
spirits (Sugar-
cane based) 22084051; 22084099 0% MFN - - 1000 hle 100 hle 
Syrups 21069030; 21069059 0% MFN - - 10000 mt 300 mt 
Sugar 17011110; 17011190; 17019100; 17019910; 17019990; 17023010; 
17023051; 17023059; 17023091; 17023099; 17024090; 17029030; 
17029050; 17029060; 17029071; 17029075; 17029079; 17029080; 
17029099 0% MFN - - 22000 mtf 300 mtf 
Yogurt 04031011; 04031013 
0% 0.1€/Kg+15.8€/100Kg/net 
2020 7 30 mt 3 mt 04031019 0.4€/Kg+15.8€/100Kg/net 
04031093 15.3€/100Kg/net 
04031059 18.3€/100Kg/net 
04031099 44.4€/100Kg/net 
04031051 6.2% +12.8€/100Kg/net 
04031091 6.2% +126.6€/100Kg/net 
04031053 6.2% +19.9€/100Kg/net 
a Agriculture additional duty.  
b From 2020 onwards, the preferential in quota rate will be equal to 75€/1000 kg/net. c Unlimited quantity from 2020.  d Expressed in carcase weight equivalent (100 Kg of bone-in meat = 70 Kg of boneless meat). e Expressed in equivalent of pure alcohol.  f Expressed in raw sugar equivalent.  
Note: Details regarding phase-out categories are found in  Annex I, Appendix 1, Se ction B, Subsection 2.  
Source: EU authorities and WTO-IDB database.   
  WT/REG333/1  
 
- 78 - Table A3.3 Applied preferential tariff rate quot as to European Union's imports, by Colombia 
Product Tariff Lines In Quota Rate Out of Quota 
Rate Quantity Aggregate 
amount 
Yearly 
increase 2014 Duty-
free in  2014 Duty
-free 
in 
Bovine Offal 0206210000; 0206220000 65.5% 2023 MFN - 1867 mt 93.3 mt 0504001000; 0504002000; 0504003000 57.3% 
Condensed milk 0402991000 50% - MFN - 100 mt 5 mt 
Yogurt 0403100000 0% - MFN - 100 mt 5 mt 
Maize 0710400000; 2005800000; 0711900000A; 2001909000A; 2008930000A; 2008999000A; 
2004900000A 0% - MFN - 140 mt 7 mt 
Mushrooms 0711510000; 2003100000 0% - MFN - 33 mt 1.7 mt 
Sugara 1701130000  
1701140000; 1701910000; 1701991000; 1701999000 17.5%  
47.0% 2028 
2028 MFN - 20667 mt 620 mt 
Ice Cream 2105001000; 2105009000 0% - MFN - 300 mt 15 mt 
Food products 
exceeding 30% 
(for HS heading 
20.04) or 70% of 
sugar content  1704909000B; 1901902000B; 2006000000B; 2007911000B ; 2007912000B; 2007999100B; 
2007999200B; 2009110000B; 2009190000B; 2009290000B; 2009391000B; 2009399000B; 
2009490000B; 2009690000B; 2009790000B; 2009810000B; 2009899000B; 2009900000B; 
2106903000B; 2106904000B; 2106905000B; 2106906000B; 2106907100B; 2106907200B; 
2106907300B; 2106907400B; 2106907900B; 2106908000B; 2106909100B; 2106909900B; 
3302109000B 0% - 
MFN - 6667 mt 200 mt 
2106902900B 7.5% 2020 
1901909000B 13.3% 2018 
2101200000B 20% 2023 
2106901000B 11.3% 2020 
1806100000B; 1806209000B; 2101120000B 15% 2020 
Fructose and 
other sweeteners 
(Stevia) 2106909100D; 2106909900D 0% - 16.4% 2023 3000 mt 300 mt 
Wheyb 0404101000;  0% - 10.0% 2016 2500 mt 250 mt 0404109000; 0404900000 47.0% 
0402101000; 0402109000; 0402211100; 0402211900; 0402219100; 0402219900 0% - 85.8% 2028  4000 mt 400 mt 
Powder Milkb 0402291100; 0402291900; 0402299100; 0402299900; 0402911000; 0402919000; 0402999000  0% - 65.3% 2018 500 mt 50 mt 
Cheese and Curd  0406200000; 0406400000 0% - 17.5% 2028 2310 mt 231 mt 0406300000; 0406904000; 0406905000; 0406906000; 0406909000 45.5% 
Preparations for 
infant use b 1901101000; 1901109100; 1901109900  0% - 17.5% 2028 1100 mt 110 mt 
a Express in sugar raw equivalent.  
b Agriculture Safeguard applies for 12 years: (Note that the agri cultural safeguard applies f or 17 years for the following sub headings: 0402101000; 
0402109000; 0402211100; 0402211900; 0402219100; 0402219900; 1901101000; 1901109100; 1901109900.  
Note: Details regarding phase-out categories are found in Annex I, Appendix 1, Section A.  
Source: EU authorities and WTO-IDB database.   
  WT/REG333/1  
 
- 79 - Table A3.4 Applied preferential tariff rate qu otas to European Union's imports, by Peru 
Product Tariff Lines In 
Quota 
Rate Out of Quota Quantity 
Aggregate 
amount Yearly 
increase 2014  Duty-
free in  
Bovine meat  0201100000; 0201200000; 0201300010; 0201300090; 0202100000; 0202200000; 0202300010; 
0202300090; 0206100000; 0206290000; 0210200000; 1602500000; ex.1602900000 0% MFN - 1075 mta 107 mta 
Sweetcorn  0710400000; ex.0711900000; ex.2001909000; ex.2004900000; 2005800000; ex.2008999000  0% MFN - 350 mt 35 mt 
Maize 1005901100; 1005901200; 1005902000; 1005903000; 1005904000; 1005909000 0% MFN - 10000 mt 1000 mt 
Sugar 1701111000; 1701119000; 1701120000; 1701910000; 1701991000; 1701999000; 1702110000; 
1702191000; 1702192000; 1702200000; 1702301000; 1702302000; 1702309000; 1702401000; 
1702402000; 1702500000; 1702600000; 1702901000; 1702902000; 1702903000; 1702904000; 1702909000 0% MFN - 11000 mt 330 mt 
Rice 1006101000; 1006109000; 1006200000; 1006300000; 1006400000  0% MFN - 17000 mt 1700 mt 
Cheese 0406100000; 0406200000; 0406400000; 0406300000; 0406904000; 0406905000; 0406906000; 0406909000  0% MFN - 2500 mt 250 mt 
Butter 0405100000; 0405200000; 0405902000; 0405909000  0% MFN - 250 mt 25 mt 
Powder milk 0402101000; 0402109000; 0402211100; 0402211900; 0402219100; 0402219900; 0402291100; 
0402291900; 0402299100; 0402299900; 0402911000; 0402919000; 0402991000; 0402999000 0% MFN - 3000 mt 300 mt 
Poultry 0207110000; 0207120000; 0207130011; 0207130012; 0207130090; 0207140010; 0207140021; 
0207140022; 0207140090; 0207240000; 0207250000; 0207260000; 0207270000; 0207320000; 
0207330000; 0207340000; 0207350000; 0207360000;  
0210991000; 0210999000; 1602200000; 1602311000; 1602319000; 1602321011; 1602321012; 1602321090; 1602329011; 1602329012; 1602329090; 1602391000; 1602399000 0% MFN - 3750 mt 375 mt 
Garlic 0703201000, 0703209000  0% MFN - 375 mt 37 mt 
Swine meat 0203110000; 0203120000; 0203190000; 0203210000; 0203220000; 0203290000 0% MFN - 4000 mt 400 mt 
Mushrooms 0711510000; 2003100000  0% MFN - 50 mt 5 mt 
Rum and Other spirits 
(Sugar-cane based) 2208400000 0% MFN - 500 hlb 50 hlb 
Preparations for 
infant use 1901101000; 1901109100; 1901109900  0% MFN - 500 mt 50 mt 
Ice cream 2105001000; 2105009000  0% MFN - 70 mt 7 mt 
Food products 
exceeding 30% (for 
HS heading 20.04) or 
70% of sugar content  
 1704901000; 1704909000; 1806100000; 1806201000; 1806209000; 1806311000; 1806319000; 
1806320000; 1806900000; 1901901000; 1901902000; 1901909000; 2006000000; 2007100000; 
2007911000; 2007912000; 2007991100; 2007991200; 2007999100; 2007999200; 2009110000; 
2009120000; 2009190000; 2009210000; 2009290000; 2009310000; 2009391000; 2009399000; 
2009410000; 2009490000; 2009500000; 2009610000; 2009690000; 2009710000; 2009790000; 
2009801100; 2009801200; 2009801300; 2009801400; 2009801500; 2009801900; 2009802000; 
2009900000; 2101120000; 2101200000; 2106901000; 2106902100; 2106902900; 2106903000; 
2106904000; 2106905000; 2106906000; 2106907100; 2106907200; 2106907300; 2106907400; 
2106907900; 2106908000; 2106909000; 3302101000; 3302109000 0% MFN - 5000 mt 150 mt 
a Weight is expressed in carcase weight equivalent (100 Kg of bone-in meat = 70 Kg of boneless meat).  
b Weight is expressed in equi valent of pure alcohol.  
Note:  Details regarding phase-out categories ar e found in Annex I, Appendix 1, Section C.  
Source: EU authorities and WTO-IDB database.  
__________