WORLD TRADE  
ORGANIZATION  G/C/W/597 
9 April 2008 
 (08-1585) 
Council for Trade in Goods  
  
 
EUROPEAN COMMUNITIES - REQUEST FOR A WAIVER FOR THE APPLICATION OF 
AUTONOMOUS PREFERENTIAL TREATMENT  
TO MOLDOVA 
 
Draft Waiver Decision of […] 2008
1 
 
 
 The General Council,  
Conducting  the function of the Ministerial Conference in the interval between meetings 
pursuant to paragraph 2 of Article IV of the Marrakesh Agreement Establishing the World Trade 
Organization (the "WTO Agreement"); 
 Having regard  to paragraphs 1 and 3 of Article IX of the WTO Agreement, the Guiding 
Principles to Be Followed in Considering Appli cations for Waivers adopted on 1 November 1956
2, 
and the Understanding in Respect of Waivers of Ob ligations under the General Agreement on Tariffs 
and Trade 1994; 
  Taking note  of the request
3 of the European Communities, pursuant to paragraph 3 of 
Article IX of the WTO Agreement, for a waiver of  its obligations under paragraph 1 of Article I and 
under Article XIII of the GATT 1994 to the extent necessary to permit the Eu ropean Communities to 
afford duty-free or preferential treatment to pr oducts originating in Moldova, including certain 
agricultural products for which limited concessions are given as defined in the Annex to this Decision, 
without being required to extend the same duty-free or  preferential treatment to like products of any 
other Member;   Considering  the difficult economic situation in Moldova and its inclusion in the European 
Neighbourhood Policy initiative of the European Co mmunities, as well as the efforts made by the 
Members to foster economic transition and development in Moldova;   Considering  that the duty-free and preferential treat ment the European Communities affords 
to Moldova is intended to promot e economic expansion in a manner consistent with the objectives of 
the GATT 1994 and not to raise new barriers to the trade of other Members; 
  Noting  that, in light of the foregoing, the excepti onal circumstances justifying the waiver from 
paragraph 1 of Article I and from Article XIII of the GATT 1994 exist; 
 
                                                     
 
1 Adopted in accordance with th e Decision-Making Procedures und er Articles IX and XII of the 
WTO Agreement agreed by the General Council on 15 November 1995 (WT/L/93) 
2 BISD 5S/25. 
3 Document G/C/W/592. G/C/W/597 
Page 2  
 
  Decides as follows:  
 1. Subject to the conditions set out in this Deci sion, the provisions of paragraph 1 of Article I 
and the provisions of Article XIII of the GATT 1994 shall be waived from 1 March 2008 until 
31 December 2013 to the extent necessary to permit the European Communities to afford duty-free or 
preferential treatment to products originating in Moldova, including certain agricultural products for 
which limited concessions are given as defined in the Annex to this Decision, without being required 
to extend the same duty-free or preferential treat ment to like products of any other Member. 
 2. 
Such duty-free or preferential treatment shall not raise new barriers, including non-tariff 
barriers, or create undue difficulties to the trade of other Members. 
 3. The European Communities shall consult promptly with any Member on the operation of its preferential or duty-free concessions in respect of Mo ldova, or on any other matter arising in respect 
of this Decision.  Where a Memb er considers that its benefits under the GATT 1994 are or may be 
impaired unduly as a result of measures put in place by the European Communities and covered by 
this Decision, the European Comm unities shall examine the possibility of a satisfactory adjustment of 
the matter.  4. This Decision does not affect Members' right s as set out in the Understanding in Respect of 
Waivers of Obligations under the Genera l Agreement on Tariffs and Trade 1994. 
 
5. The European Communities shall report annuall y to the General Council on the preferences 
and duty-free treatment afforded to products from Mo ldova, including certain agricultural products for 
which limited concessions are given as defined in the Annex to this Decision, including the extent to 
which such preferences and duty-free treatment is  different from the European Communities' MFN 
and GSP concessions, with a view to facilitating th e annual review provided for in paragraph 4 of 
Article IX of the WTO Agreement.   
   G/C/W/597
 Page 3ANNEX I  
 
PRODUCTS SUBMITTED TO QUANTITATIVE LIMITS OR PRICE THRESHOLDS 
 1.  Products subject to annual duty free tariff quotas
 
 
Order 
No CN Code Description 2008  (1) 2009  (1) 2010  (1) 2011  (1) 2012  (1) 
09.0504 0201 to 
0204 Fresh, chilled and frozen meat of bovine animals, dom estic swine and 
sheep and goats 3 000 (2) 3 000 (2) 4 000 (2) 4 000 (2) 4 000 (2) 
09.0505 ex 0207 Meat and edible offal of the poultry of heading 0105, fresh, chilled or 
frozen, other than fatty livers of subheading 0207.34 400 (2) 400 (2) 500 (2) 500 (2) 500 (2) 
09.0506 ex 0210 Meat and edible meat offal of swine and bovine animals, salted, in brine, 
dried or smoked; edible flours and m eals of meat or meat offals of 
domestic swine and bovine animals 400 (2) 400 (2) 500 (2) 500 (2) 500 (2) 
09.4210 0401 to 0406 Dairy products 1 000 (2) 1 000 (2) 1 500 (2) 1 500 (2) 1 500 (2) 
09.0507 0407.00 Birds' eggs, in shell 90 (3) 95 (3) 100 (3) 110 (3) 120 (3) 
09.0508 ex 0408 Bird's eggs, not in shell and egg yolks, other than unfit for human 
consumption 200 (2) 200 (2) 300 (2) 300 (2) 300 (2) 
09.0509 1001.90.91 Common Wheat 25 000 (2) 30 000 (2) 35 000 (2) 40 000 (2) 50 000 (2) 
09.0510 1003.00.90 Barley 20 000 (2) 25 000 (2) 30 000 (2) 35 000 (2) 45 000 (2) 
09.0511 1005.90 Maize 15 000 (2) 20 000 (2) 25 000 (2) 30 000 (2) 40 000 (2) 
1601 00 91 and 
1601 00 99 Sausages and similar pr oducts, of meat, meat offal or blood; food 
preparations based on these products 
09.0512 
ex 1602 Other prepared or preserved meat, meat offal or blood: 
- of fowls of the species Gallus domesticus, uncooked, 
- of domestic swine, 
- of bovine animals, uncooked 500 (2) 500 (2) 600 (2) 600 (2) 600 (2) 
09.0513 1701.99.10 White Sugar  15 000(2)  18 000(2)  22 000(2)  26 000(2)  34 000(2) 
09.0514 2204 21 and 
2204 29 Wine of fresh grapes, of an actual  alcoholic strength by volume not 
exceeding 15% vol, other than sparkling wine 60 000 (4) 70 000 (4) 80 000 (4) 100 000 (4) 120 000 (4) 
  (1) From 1 January until 31 December, except for 2008 from the first day of application of the Regulation until 31 December ( 2) tonnes (net weight). (3) million units, (4) hectolitres.  
 G/C/W/597 
Page 4  
 
  2. Products for which the ad valorem  component of the import duty is exempted
 
 
CN Code Description 
0702 Tomatoes, fresh or chilled 
0703 20 Garlic, fresh or chilled 
0707 Cucumbers and gherkins, fresh or chilled 
0709 90 70 Courgettes, fresh or chilled 
0709 90 80 Globe artichokes 
0806  Grapes, fresh or dried 
0808 10 Apples, fresh 
0808 20 Pears and quinces 
0809 10 Apricots 
0809 20 Cherries 
0809 30 Peaches, including nectarines 
0809 40 Plums and sloes 
 
__________