WORLD TRADE  
ORGANIZATION  TN/AG/W/6 
6 December 2008 
 (08-6015) 
Committee on Agriculture 
Special Session  
 
 
 
REVISED DRAFT MODALITIES FOR AGRICULTURE 
SENSITIVE PRODUCTS:  TARIFF QUOTA CREATION 
 
1. Based on consultations to this point, it is my sen se that neither one nor the other of the options 
presented in paragraph 83 of the text will prevail.   If that judgement is correct, the only realistic 
landing zone will be on the basis of a fully transpar ent, strictly conditioned and limited allowance for 
some tariff lines not currently subject to tariff rate q uotas to be declared sensitive and newly subject to 
tariff rate quotas.  Based on constructive consultati ons that have taken place to this point, the 
following represent the elements of convergence that have emerged.  They are not in final legal 
drafting form but could, hopefully, operate as a platform to get to closure.  
2. Paragraph 83, second optio n would be deleted. 
3. As regards paragraph 83 first option, someth ing along the following lines would be added to 
the sentence:  “…..or meets th e conditions outlined below.” 
4. It would need to be followed by something along the following lines:  
5. Tariff lines not currently subject to tariff rate  quotas can be declared sensitive and be newly 
subject to a tariff quota provided that the number of these lines does not exceed 1 per cent of tariff 
lines for any Member1; that the 1 per cent is taken out of the maximum entitlement of sensitive tariff 
lines for the Member concerned; that the lines concer ned are subject to provision of an additional 2 
per cent of domestic consumption beyond what woul d be otherwise required un der paragraph 74; that 
the in-quota tariff rate is zero; and, as for a ll other sensitive product tariff lines, that they are 
scheduled and applied erga omnes  on a most-favoured-nation basis.  The lines concerned shall be 
transparently specified in full tariff line detail a nd with the access amounts provided in the attachment 
as an integral part of these modalities. 
6. Where there has been significant historical trade such that the above formulation would have 
the effect of manifestly and artificially restraining trade in a manner contrary to the object and purpose of these modalities, the domestic consump tion requirement above shall be added to the 
historical trade figure for the tariff lines concerned.   The product(s) concerned and the resultant access 
amounts shall be specified in full detail at tariff line level for the Member concerned in the attachment 
and constitute an integral part of these modalities (situation B in the attachment). 
7. In a particular case where use of historical tr ade and the above consumption factor would still 
manifestly and artificially restrain trade in a ma nner contrary to the object and purpose of these 
modalities due to the very recent and dynamic trade in  the product concerned, there shall be a specific 
provision for this product.  The access amounts shall be specified in full detail at tariff line level for 
the Member(s) concerned in the attachment and constitute an integral part of these modalities 
(situation C in the attachment). 
                                                     
 
1 Except Norway which shall meet the terms of the last paragraph. TN/AG/W/6 
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  8. In the case of Norway, it shall abide by the provisions regarding 2 per cent additionality 
above except where, according to Attachment Ai(G) it has designated sensitive products at a seven 
digit level and allocated the entire aggregate domes tic consumption to these three product categories.  
In this case it shall, as its contribution, provide an  additional 0.5 per cent of domestic consumption for 
the whole TRQ for these three product categories.  Th e access amounts shall be specified in full detail 
at tariff line level in the attachment and c onstitute an integral part of these modalities.  TN/AG/W/6 
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  ANNEX 
 
Developed Country 
Member Default situation: 
Product and amount of TRQ access 
concerned at  tariff 
line level  Situation B: Product 
and amount of TRQ access concerned at 
tariff line level Situation C: Product 
and amount of TRQ access concerned at 
tariff line level 
European 
Communities    
 
       
United States    
 
 
 
 
    
Japan    
 
       
Norway    
 
  
 
    
Switzerland    
 
 
      
 
 
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