WORLD TRADE  
ORGANIZATION  WT/BOP/N/69 
30 June 2009 
 
 (09-3177) 
Committee on Balance-of-Payments Restrictions Original:   Spanish 
  
 
NOTIFICATION UNDER PARAGRAPH 9 OF THE UNDERSTANDING ON THE 
BALANCE-OF-PAYMENTS PROVISIONS OF THE GENERAL AGREEMENT 
ON TARIFFS AND TRADE 
 
Communication from Ecuador
 
 
  The following communication, dated 29 June 2009,  is being circulated at the request of the 
delegation of Ecuador.  
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 Page 3 
 
 
  OFFICIAL JOURNAL NO. 615 - THURSDAY 18 JUNE 2009 
 
ADMINISTRATION OF MR RAFAEL CORREA DELGADO, 
CONSTITUTIONAL PRESIDENT OF  THE REPUBLIC OF ECUADOR 
 
THURSDAY 18 JUNE 2009 - O.J. No. 615 
 
 
Resolution No. 485 
THE FOREIGN TRADE AND INVESTMENT COUNCIL 
Whereas: By virtue of Resolution No. 466, published in Of ficial Journal No. 512 of 22 January 2009, the 
Foreign Trade and Investment Council (COMEXI), in  plenary session, approved the application of a 
safeguard measure for balance-of-payments purposes,  under Article XVIII, Section B, of the General 
Agreement on Tariffs and Trade (GATT), on the groun ds that Ecuador is currently experiencing 
serious difficulties in respect of its balance of payments and the external sector of its economy; 
For the purposes of establishing this balance-of-pay ments safeguard, consideration was given to the 
provisions of the Understanding on the Balance-of-P ayments Provisions of the General Agreement on 
Tariffs and Trade 1994 of the World Trade Organiza tion (WTO) and the rules set forth in Andean 
Community Commission Decision No. 563, which contains the codified text of the Cartagena Agreement and which, in Article 95 of Chapter XI ("Safeguard Clauses"), provides that member 
countries may adopt measures to restore equilibrium in their overall balance of payments, including 
on an emergency basis; 
The Executive Commission of the Foreign Trade and Investment Council, on the basis of information 
from the import statistics database of the Ecuadoria n Customs Corporation (CAE), approved, at its 
meeting on 22 January 2009, Resolution No. 467, whereby the distribution of the respective quotas 
among importers was mathematically established for each of the subheadings listed in Annex III to 
Resolution No. 466; 
The Executive Commission of the Foreign Trade and Investment Council, at its meeting on 
28 May 2009, endorsed the recommendations in the technical report of the Ministry of Industry and Competitiveness (MIC) No. 137 SCI of 13 May 2009 a nd the request of the Minister of Agriculture, 
Livestock, Aquaculture and Fisheries, set fort h in Official Communication No. 090434 SDA/DCN of 
27 May 2009, in favour of the conversion of quotas into a specific tariff imposed on importers of 
grapes, pears and apples, as referred to in Annex 3 to Resolution No. 466; 
Given that the applied and the WTO-bound tariff rates are 15 per cent for grapes and 15 and 17 per 
cent for apples and pears, Ecuador proposes that an additional specific ad valorem  surcharge for the 
purposes of safeguarding the balance of payments, equivalent to US$0.10 per kilo, be applied to 
subheadings 0806.10.00.00, 0808.10.00.00 and 0808.20.10.00;  and, 
In exercise of the statutory powers conferred upon it by the Foreign Trade and Investment Law 
(LEX), WT/BOP/N/69 
Page 4  
 
  Hereby decides: 
Article 1.- To amend Annex III to COMEXI Resolu tion No. 466 by abolishing the quotas established 
for the following subheadings: 
MEASURE NANDINA subheading Description Maximum annual quota 
(US$) 
Quota of 70% of CIF  0806.10.00.00  -  Grapes, fresh 9,145,733.04 
Quota of 70% of CIF  0808.10.00.00  - Apples 24,017,702.12 
Quota of 70% of CIF  0808.20.10.00  - Pears 4,346,147.25 
Article 2.- To incorporate into Annex II to CO MEXI Resolution No. 466 the following subheadings 
subject to an additional specific tariff surcharg e for the purposes of safeguarding the balance of 
payments: 
MEASURE NANDINA 
subheading Description Tariff surcharge 
(US$/kg.) 
Specific tariff of US$0.10/kg. net   0806.10.00.00 -  Grapes, fresh 0.10 
Specific tariff of US$0.10/kg. net  0808.10.00.00 - Apples 0.10 
Specific tariff of US$0.10/kg. net  0808.20.10.00 - Pears 0.10 
This Resolution was adopted by the Foreign Trad e and Investment Council (COMEXI), meeting in 
plenary session on 28 May 2009, and shall enter into force upon adoption, without prejudice to its 
publication in the Official Journal. 
[signed] Susana Cabeza de Vaca, Chairperson. [signed] Rubén Morán Castro, Secretary. 
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