WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  
 
 
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 Téléphone:  (+41 22) 739 51 11    Fax:  (+41 22) 731 42 06 
Internet:  http://www.wto.org 
  
 
 
 
 
Reference:     WLI/100                 30 October 2012  
   
 
  
 
  
 
  
MARRAKESH AGREEMENT ESTABLISHING 
THE WORLD TRADE ORGANIZATION 
DONE AT MARRAKESH ON 15 APRIL 1994 
 
GENERAL AGREEMENT ON TARIFFS AND TRADE 1994 
 
CERTIFICATION OF MODIFICATIONS AND RECTIFICATIONS TO  
SCHEDULE CXL - EUROPEAN COMMUNITIES 
 
 
TRANSMISSION OF CERTIFIED TRUE COPY 
 
 I have the honour to furnish herewith a certified tr ue copy of the Certification of Modifications 
and Rectifications to Schedule CXL - European Communities , effective 27 October 2012 . 
 
  
 
  
 
  
 
       P a s c a l  L a m y  
       D i r e c t o r - G e n e r a l  
 
  
 
 
 
  
 
  
 
 1 2 - 5 9 2 2           W T / L e t / 8 6 8   
  
  
 
 
  
SCHEDULES OF TARIFF CONCESSIONS TO THE 
GENERAL AGREEMENT ON TARIFFS AND TRADE 1994 
 
CERTIFICATION OF MODIFICATIONS AND RECTIFICATIONS 
 
SCHEDULE CXL - EUROPEAN COMMUNITIES  
 
 
 WHEREAS the CONTRACTING PARTIES to the General Agreement on Tariffs and Trade 
1947 adopted, on 26 March 1980, a Decision on Procedu res for Modification and Rectification of 
Schedules of Tariff Concessions (BISD 27S/25); 
 
 WHEREAS in accordance with the provisions of the above- mentioned Deci sion, a draft 
containing modifications and rectifications to Schedule CXL - European Communities was 
communicated to all Members of the World Tra de Organization in document G/MA/TAR/RS/297 on 
27 July 2012;  
 WHEREAS in its original communication dated 24 July 2012, and circ ulated in document 
G/MA/TAR/RS/297, the European Union
1 noted as follows: 
 
"Certification of these modifications shall be to Schedule CXL - European 
Communities (i.e. EC-15).  These modifica tions will be included  in all subsequent 
EU WTO Schedules.  
 
It should be noted that tariff item number 08030012 in Schedule 'CXL – European 
Communities' corresponds to tariff item number 08030019 in HS 2002 and HS 
2007 and to tariff item number 08039010 in HS 2012." 
 
 IT IS HEREBY CERTIFIED that the modi fications and rectifications to Schedule CXL - 
European Communities are established in conformity wi th the above-mentioned Decision. 
 
 The annexed modifications and rectifications are effective as of  27 October 2012 . 
  This Certification is deposited with the Dire ctor-General of the Worl d Trade Organization, who 
shall promptly furnish a certified true copy to each  Member of the World Trade Organization.  It shall 
be registered in accordance with the provisions of  Article 102 of the Charter of the United Nations. 
 
  
 DONE at Geneva this thirtieth day of October, two thousand and twelve. 
 
 
  
         P a s c a l  L a m y  
  
Certified true copy: 
 
 
  
 
  
Director-General 
                                                      
1 On 1 December 2009, the European Union succeeded the European Community (WT/Let/679).  
  
SCHEDULE CXL - EUROPEAN COMMUNITIES Page 5 WT/Let/868  
  
 
     
 
    
 
SCHEDULE CXL - EUROPEAN COMMUNITIES 
 
 
   
 
   
               27 October 2012 
SCHEDULE CXL - EUROPEAN COMMUNITIES Page 6 WT/Let/868  
Schedule CXL – European Communities 
This Schedule is authentic only in the English language 
PART I MOST-FAVOURED-NATION TARIFF 
SECTION 1 - Agricultural Products 
Section 1 – A Tariffs 
 
 
Tariff item 
number Description of 
products Base rate of 
duty Bound rate of duty Special 
safeguard Initial 
negotiating 
rights Comments 
1 2 3 4 5 6 7 
0803 00 12 Fresh bananas other 
than plantains € 680/mt Paragraph 3 of the Geneva Agreement on Trade in 
Bananas annexed hereto, states in part: 
 
(a)  Without prejudice to subparagraph (b) below, the EU shall apply tariffs for bananas not greater than 
the following:[]* 
-  From the 15 December 2009 until 31 December 2010 - 148 €/mt 
 
 -1 January 2011 - 143 €/mt 
 
 -1 January 2012 - 136 €/mt  
 -1 January 2013 - 132 €/mt 
  -1 January 2014 - 127 €/mt 
 
 -1 January 2015 - 122 €/mt  
 -1 January 2016 - 117 €/mt 
  -1 January 2017 - 114€/mt 
 
(b)  If Doha Modalities[]* are not established by the 31 December 2013, the ensuing tariff cuts in 
paragraph 3(a) above will be delayed until Doha   1) Subject to the 
terms and conditions 
set forth in the 
Geneva Agreement on Trade in Bananas 
annexed hereto, 
which is an integral part of this Schedule. 
2) SSG has been 
abolished 
  
SCHEDULE CXL - EUROPEAN COMMUNITIES Page 7 WT/Let/868 Tariff item 
number Description of 
products Base rate of 
duty Bound rate of duty Special 
safeguard Initial 
negotiating 
rights Comments 
1 2 3 4 5 6 7 
Modalities are established. Under no circumstances 
shall the delay extend be yond 31 December 2015. The 
applicable tariff rate during that period of delay shall be 132 €/mt. After the two year period expires, or 
immediately after Doha Modalities are established, 
whichever occurs first, the tariff rate shall be 127€/mt. The ensuing tariffs for the next three years, as from 1 
January of each year, shall be no greater than 
122€/mt, 117€/mt and 114€/mt, respectively.  
 
*For the purposes of presentation in this column the text of the footnotes has been omitted. Please see 
Comments, column 7, note 1 and the Geneva 
Agreement on Trade in Bananas annexed hereto for the full text of tariff reductions to be bound upon 
certification. 
 
 
 
Schedule CXL – European Communities 
PART I MOST-FAVOURED-NATION TARIFF 
Section 1 Agricultural Products 
Section 1 – B Tariff Quotas 
 
Description of 
product Tariff item number(s) Initial quota 
quantity and in-
quota tariff rate Final quota quantity 
and in-quota tariff 
rate Implementation 
period from/to Initial 
negotiating 
rights Other terms and conditions 
Fresh bananas, 
other than 
plantains 0803 00 12 
 2.200.000 t 
75 €/t  -    The quota in Section I B and 
the Banana Framework 
Agreement previously 
annexed to Schedule CXL have been deleted 
  
 
SCHEDULE CXL - EUROPEAN COMMUNITIES Page 8        WT/Let/868 ANNEX 
 
15 December 2009 
 
Geneva Agreement on Trade in Bananas 
 
 1. This Agreement is concluded between the Eur opean Union (hereinafter "the EU") and Brazil, 
Colombia, Costa Rica, Ecuador, Guatemala, H onduras, Mexico, Nicaragua, Panama, Peru and 
Venezuela (hereinafter "the Latin American MF N banana suppliers") regarding the structure 
and operation of the EU trading regime for fr esh bananas, excluding plantains, classified 
under HS tariff line 0803.00.19 (hereinafter "b ananas") and the terms and conditions that 
apply thereto.  
 
2. This Agreement is without prejudice to the WT O rights and obligations of all the signatories 
to this Agreement subject to the prov isions in paragraphs 3 to 8 below. 
 3. The EU agrees to the following: 
 
(a)  Without prejudice to subparagraph (b) belo w, the EU shall apply tariffs for bananas 
not greater than the following:
1 
  - From the 15 December 2009 until 31 December 2010 148 €/mt  
 - 1 January 2011 143 €/mt 
  - 1 January 2012  136 €/mt   - 1 January 2013 132 €/mt 
 
 - 1 January 2014 127 €/mt   - 1 January 2015 122 €/mt   - 1 January 2016 117 €/mt 
 
 - 1 January 2017 114 €/mt 
 
(b)  If Doha Modalities
2 are not established by the 31 December 2013, the ensuing tariff 
cuts in paragraph 3(a) above will be de layed until Doha Modalities are established. 
Under no circumstances shall the delay extend beyond 31 December 2015. The 
applicable tariff rate during that period of delay shall be 132 €/mt. After the two year 
period expires, or immediately after D oha Modalities are established, whichever 
occurs first, the tariff rate sh all be 127€/mt. The ensuing tariffs for the next three years, 
as from 1 January of each year, shall be no greater than 122€/mt, 117€/mt and 114€/mt, respectively.  
 
(c) The EU shall maintain a MFN tariff-onl y regime for the importation of bananas.
3  
                                                      
1 Upon signature of this Agreement,  the EU shall apply retroactively th e applicable tariff(s) specified in 
paragraph 3(a) for the period from the 15 December 2009 to the date of signature. Duties paid in excess of the 
amount stipulated in this provision shall be reimbursed by the competent customs authorities upon request. 
2 Doha Modalities for the purpose of  this Agreement means that cons ensus has been reached in the 
Trade Negotiations Committee to pro ceed to scheduling in Agriculture and Non-Agricultural Market Access 
negotiations. 
3 This provision shall not be read to authorise non-ta riff measures on bananas that are inconsistent with 
the EU's obligations under the WTO Agreements.  
 
SCHEDULE CXL - EUROPEAN COMMUNITIES Page 9        WT/Let/868  
4. (a)  The EU shall bind the tariff cuts provi ded in paragraph 3. To this effect this 
Agreement shall be incorporated into the EU's WTO Schedule by means of 
Certification4 in accordance with the Decision of  26 March 1980 on Procedures for 
the Modification and Rectification of Sc hedules of Tariff Concessions (L/4962).   
 
(b)  Upon entry into force of this Agreemen t the EU shall communicate a draft Schedule 
on bananas incorporating the text of this  Agreement to the Director-General for 
Certification. 
 
(c)  Parties to this Agreement agree not to raise objections to the Certification of the 
modified Schedule, provided that this Agreement is correctly reflected in the 
notification.  
 
5. Upon Certification, the pending disputes WT/DS27; WT/DS361; WT/DS364; WT/DS16; 
WT/DS105; WT/DS158; WT/L/616; WT/L/625 and a ll claims filed to date by any and all 
Latin American MFN banana suppliers under th e procedures of Articles XXIV and XXVIII of 
the GATT 1994 with respect to the EU trading regime for bananas (including G/SECRET/22 
item 0803.00.19 and G/SECRET/22/Add.1; G/ SECRET/20 and G/SECRET/20/Add.1; and 
G/SECRET/26) shall be settled5. Within two weeks after Certification, the relevant parties to 
this Agreement shall jointly notif y the DSB that they have reach ed a mutually agreed solution 
through which they have agreed to end these disputes.6 
 6. Without prejudice to their rights under the WTO Agreement including those derived from the 
disputes and claims identified in paragraph 5,  the Latin American MFN banana suppliers 
further undertake not to take any further acti on with respect to those disputes and claims 
referred to in para. 5 between the 15 December  2009 and Certification provided that the EU 
complies with paragraphs 3 and 4 (b) and (c).  
 
7. The Latin American MFN banana suppliers ag ree that this Agreement shall constitute the 
EU's final market access commitments for bananas fo r inclusion in the final results of the next 
multilateral market access negotiation for agricu lture products successfully concluded in the 
WTO (including the Doha Round).
7 
 8. (a)  This Agreement enters into force the first day of the month following that in which 
the last of the signatories has notified the Director-General of the completion of the 
procedures necessary for that purpose. Each signatory shall furnish a copy of the 
notification to the other signatories. 
 
(b)  Notwithstanding subparagraph (a), the signatories agree to provisionally apply 
paragraphs 3, 6 and 7 from the day of  signature of this Agreement.  
 
__________  
                                                      
4 The date of Certification shall be the date at which the Director-Gen eral certifies that the 
modifications to the EU Schedule have become a Certification in accordance with the Decision of 26 March 
1980 on Procedures for the Modification and Rectification of Schedules of tariff concessions (document 
reference WT/LET). 
5 The date of the settlement shall be the date of Certification (document reference WT/LET).  
6 The settlement of these disputes does not affect any party's right to initiate a new dispute under the 
DSU, or future rights under the procedures of Articles XXIV and XXVIII of the GATT 1994. 
7 If Certification has not been completed by the date of the conclusion of the next multilateral market 
access negotiation for agriculture produc ts in the WTO (including the Doha  Round), this Ag reement shall be 
incorporated into the EU's WTO Schedule on the date that the Schedule enters into force as part of the results of 
that negotiation.