WORLD TRADE  
ORGANIZATION  G/AG/N/CRI/17 
8 March 2007 
 (07-0953) 
Committee on Agriculture Original:   Spanish 
  
 
NOTIFICATION 
  
 The following submission, dated 2 March 2007, is  being circulated at the request of the 
delegation of Costa Rica .  The notification concerns the administration of tariff quotas ( Table MA:1 ) 
for the calendar years 2003  and 2005 . 
 
_______________ 
  
 The attached notifications are submitted pur suant to the obligation to communicate any 
changes in the administration of tariff quotas, in accordance with the notification requirements and 
formats set out in document G/AG/2.   The notification corresponding to the calendar year 2003 sets out the changes made to document G/AG/N/CRI/1/Rev.1 of 26 February 2 001, which states that the administration and 
allocation of current access and minimum access tariff quotas was based on a procedure involving the 
granting of commodity exchange certificates.  This  system was governed by the Regulation on the 
Allocation of Tariff Quotas (Executive Decree No. 23914-COMEX-MAG of 22 December 1994).   In 2003, the system for allocating import quot as changed and the General Regulations on the 
Distribution and Allocation of Import Tariff Quotas came into force, pursuant to Executive Decree 
No. 30900-COMEX-MAG of 20 December 2002, published in Official Journal La Gaceta  No. 3 of 
6 January 2003.   The notification corresponding to the calendar year 2005 sets out the changes to the system 
for administering and allocating import tariff quot as established in the General Regulations on the 
Distribution and Allocation of Import Tariff Quotas (Executive Decree No. 30900-COMEX-MAG of 
20 December 2002, published in La Gaceta  No. 3 of 6 January 2003). These changes were made 
pursuant to Executive Decree No. 32237-COMEX-MAG of 8 February 2005, published in La Gaceta  
No. 41 of 28 February 2005.  
 The bound tariff quotas not shown in the attached tables are those that were not activated 
during the reporting period in question because the Most-Favoured-Nation (MFN) import tariff remained at a level equal to, or below, the tari ff established in Costa Rica's schedule for in-quota 
imports, that is, they enjoyed better access condi tions than those established by Costa Rica in 
Schedule LXXXV. 
 
The regulations and other re levant documentation on tariff quotas and import licensing are 
available on the Ministry of Foreign Trade (COMEX) website at http://www.comex.go.cr/acuerdos/contingentes/importacion/default.htm
. 
 
Questions may be addressed to the following government body: 
 G/AG/N/CRI/17 
Page 2  
 
  Dirección de Aplicación de Acuerdos Comerciales Internacionales 
Ministerio de Comercio Exterior de Costa Rica Tel.:  (506) 299-4939 / (506) 299-4700 Fax:  (506) 257-2189 Website:  www.comex.go.cr
 
E-mail:  lobando@comex.go.cr  
 pep@comex.go.cr  
  
   G/AG/N/CRI/17
 Page 3Table MA:1  MARKET ACCESS: Costa Rica  
 
 REPORTING PERIOD:  2003  
 
 Implementation of market access opport unities: tariff and ot her quota commitments  
 
Description of products Tariff item number(s) encompassed in 
product description Description of import arrangement applicable 
1 2 3 
Poultry and poultry products; cuts and offal 
of poultry: 
 
- Other - Of fowls of the species Gallus domesticus  
 
Milk and cream, not concentrated nor containing added suga r or other sweetening 
matter 
 Milk and cream, concen trated or containing 
added sugar or other sweetening matter 
(excluding condensed and evaporated milk) 
 Buttermilk, curdled milk and cream, 
yoghurt, kephir and ot her fermented or 
acidified milk and cream, whether or not concentrated or containing added sugar or 
other sweetening matter or flavoured or 
containing added fruit, nuts or cocoa  
Butter and other fats and oils derived from 
milk  
Cheese and curd (excluding headings for 
cheddar-type, dehydrated, green- or blue-veined and other cheese 
 
-Sausages and similar products, of meat, meat offal or blood; food preparations based 
on these products: 
 -- With meat or meat offal of poultry of heading 0105 
 
- Homogenized preparations:  
-- With meat or meat offal of poultry of 
heading 0105  
 
 
0207.39.00 0207.41.00 
 
0401  
 
 0402 (except 0402.91.10 and 0402.99.10)  
 
 0403 
 
  
 
  
0405 
  
0406 
  
 
1601.00.20   
 
  
 
1602.10.20  
 
 (a) Allocation of quotas to supplying countries: 
 
None.  The tariff preference applied to WTO import quotas is granted to products originating in any 
WTO Member.  
(b) Allocation of licences or of access to quotas to importers 
  (i) Government agency, trading or administra tive body competent to grant licences or 
access to quotas, including those which have fo rmally, or in effect, exclusive or special 
privileges: 
 
The Ministry of Foreign Trade (COMEX) is the gove rnment agency competent to grant licences and 
access to quotas. COMEX allocates the import ta riff quotas by means of an administrative 
resolution issued within the first 10 working da ys of January of the corresponding year, and 
subsequently issues certificates for each import consignment, as requested by the 
beneficiaries. Quota allocation is carried out in accordance with the General Regulations on 
the Distribution and Allocatio n of Import Tariff Quotas (Executive Decree No. 30900-
COMEX-MAG of 20 December 2002, publ ished in the Official Journal La Gaceta  of 
6 January 2003). 
 
 (ii) Any limitations on eligibility of applicants: 
 
Both natural and legal persons can ta ke part in the allocation process.   Affiliated a pplicants for quota 
allocation in respect of the same product and the same  allocation process are, however, considered to be 
making a single application.  The fo llowing are understood to be  affiliated appl icants:  (a) In the case of 
natural persons, if the applicant is an employee, partner or blood relative or relative in law up to and 
including the third degree of another applicant; if the applicant or any of his blood relatives or 
relatives in law up to and including the third degree is  a partner, legal representative or member of the 
board of directors of another applicant; or if the a pplicant is an employee, partner or blood relative or 
relative in law up to the third degree of a natural person who cont rols, is a partner in or legal 
representative of or holds a managerial or represen tative position with another applicant.  (b) In the 
case of legal persons, two or more applicants are co nsidered to be affiliated if one of the partners, 
directors or legal representatives of an applicant company is also an applicant in a personal capacity; 
if one of the partners, directors or legal represen tatives of an applicant company also holds any of 
these positions in another applicant company; or  if one of the partners, directors or legal 
representatives of an applicant company is a blood relative or relative in law up to and including the 
third degree of a natural person who controls, is a partner in or legal representative of or holds a 
managerial or representative pos ition with another applicant.  
  
  G/AG/N/CRI/17 
Page 4 Description of products Tariff item number(s) encompassed in 
product description Description of import arrangement applicable 
1 2 3 
 
- Of poultry of heading 0105: 
 
-- Other  
Ice cream and other edible ice 
  
1602.39.00 
 
  
2105.00.00  
 (iii) How licences or access are to be allocated: 
 
If the sum of the amounts requested in the eligible applications received is less than the total amount 
available for the respective quota, e ach applicant is allocated the amount  specified in his application. 
Any remaining quota shares are distributed among all the interested parties who so request following 
publication of the resolution go verning the final allocation. 
 
If the sum of the amounts requested in the eligible applications r eceived is greater than the total 
annual amount available for the respective quota, ei ghty (80) per cent of the total quota volume is 
divided among applicants with a documented r ecord. If the overall total amount requested by 
applicants with a documented record is less than this 80 per cent, each app licant is allocated the 
amount requested.  Any remaining quota shares are added to the amount to be  distributed among new 
applicants for the corresponding product. If the total amount requested by applicants with a 
documented record is equal to or more than this 80 per cent, the percentage of the amount to be 
allocated to each such a pplicant is determined using the following formula: 
 
100*∑=
ji
ixxC  
 
where:  
 
• Ci is the percentage of the total quota volume allocated to applicant i; 
• xi is the total volume of imports of the product covered by the quota by applicant i during 
the previous calendar year, in accordance w ith the documented record established by 
COMEX; and   
• ∑ jxis the overall total volume of imports of the product covered by the quota by all 
applicants with a documented record during the previous calendar ye ar, in accordance with 
the documented record established by COMEX.    
 
In the event of there being no applicants with a documented record, the entire quota volume will be 
distributed among the new applicants.  
The remaining twenty (20) per cent of the total quot a volume is distributed among new applicants.  If 
the overall total amount requested by new applicants is less than this 20 pe r cent, each applicant is 
allocated the amount requested. The remaining quota sh ares are added to the amount to be distributed 
among applicants with a documented record for the corresponding product.     
  If the overall total amount requested by new applicants is equal to or more than this 20 per cent, the 
quota is distributed in accordance with the formula set out above, with the following changes:    
   
   G/AG/N/CRI/17
 Page 5Description of products Tariff item number(s) encompassed in 
product description Description of import arrangement applicable 
1 2 3 
• Ci is the percentage of the total quot a volume allocated to new applicant i;  
• xi is the total amount requested by new applicant i; and 
• ∑ jxis the total amount requested by all new applicants.  
 
In the event of there being no new applicants, the entire quota volume will be distributed among 
applicants with a documented record. 
 No applicant will, under any circumstances, be allo cated a quota volume greater than that requested. 
 
Quota shares remaining after the initial allocation are made available to interested parties and 
distributed on a first-come first-serve basis. Furthe rmore, a special notice is published in July, making 
quota portions returned as at 30 June, plus all as ye t unused volumes, available to interested parties. 
This reallocation is carried out on a first-come first-serve basis.  
 
 (iv) Any limitations on the period of validity or use of the licences granted: 
 
The import period begins on the date on which the re solution governing the quota al location is issued and 
runs until 31 December of the corresponding year. 
 
(c) Details of other arrangements (not involving  import licences) under which access to quotas is 
to be administered:  
 
Not applicable  
(d) Any other information relevant to the implementation of market access opportunities under 
such arrangements. 
 
Not applicable 
 
  
  G/AG/N/CRI/17 
Page 6 Table MA:1  MARKET ACCESS: Costa Rica  
 
 REPORTING PERIOD: 2005  
 
 Implementation of market access opport unities: tariff and ot her quota commitments  
 
Description of products Tariff item number(s) encompassed in 
product description Description of import arrangement applicable 
1 2 3 
Poultry and poultry products; cuts and offal 
of poultry: 
 
- Other - Of fowls of the species Gallus domesticus  
 
Milk and cream, not concentrated nor containing added suga r or other sweetening 
matter 
 Milk and cream, concen trated or containing 
added sugar or other sweetening matter 
(excluding condensed and evaporated milk) 
 Buttermilk, curdled milk and cream, 
yoghurt, kephir and ot her fermented or 
acidified milk and cream, whether or not concentrated or containing added sugar or 
other sweetening matter or flavoured or 
containing added fruit, nuts or cocoa  
Butter and other fats and oils derived from 
milk  
Cheese and curd (excluding headings for 
cheddar-type, dehydrated, green- or blue-veined and other cheese 
 
-Sausages and similar products, of meat, meat offal or blood; food preparations based 
on these products: 
 -- With meat or meat offal of poultry of heading 0105 
 
  
  
 
 
0207.39.00 0207.41.00 
 
0401  
 
 0402 (except 0402.91.10 and 0402.99.10)  
 
 0403 
 
  
 
  
0405 
  
0406 
  
 
1601.00.20  
 
   
 
  
 (a) Allocation of quotas to supplying countries: 
 
None.  The tariff preference applied to WTO import quotas is  granted to products originating in any WTO Member. 
 
(b) Allocation of licences or of access to quotas to importers 
 
 (i) Government agency, trading or administrative  body competent to grant licences or access to 
quotas, including those which have formally, or  in effect, exclusive or special privileges: 
 
The Ministry of Foreign Trade (COMEX) is the government ag ency competent to grant licences and access to quotas. 
COMEX allocates the import tariff quotas by means of an ad ministrative resolution issued within the first 30 working 
days of the corresponding year, and subsequently issues cer tificates for each import consignment, as requested by the 
beneficiaries. Quota allocation is carried out in accord ance with the General Regulations on the Distribution and 
Allocation of Import Tariff Quotas  (Executive Decree No. 30900-COMEX-MAG of 20 December 2002, published in 
the Official Journal La Gaceta  of 6 January 2003, and amended by Ex ecutive Decree No. 32237-COMEX-MAG of 8 
February 2005, published in La Gaceta  No. 41 of 28 February 2005). 
 
 (ii) Any limitations on eligibility of applicants: 
 
Both natural and legal persons can take part in the allocat ion process.  Affiliated applicants for quota allocation in 
respect of the same product and the sa me allocation process are, however, considered to be making a single 
application.  The following are understood to be affiliated applicants:  (a) In  the case of natural persons, if the 
applicant is an employee, partner or blood relative or rela tive in law up to and including the third degree of another 
applicant; if the applicant or any of hi s blood relatives or relatives in law up to and including the third degree is a 
partner, legal representative or member of the board of di rectors of another applicant; or if the applicant is an 
employee, partner or blood relative or relative in law up to  the third degree of a natural person who controls, is a 
partner in or legal representative of or holds a managerial  or representative position with another applicant.  (b) In 
the case of legal persons, two or more applicants are consid ered to be affiliated if one of the partners, directors or 
legal representatives of an applicant company is also an  applicant in a personal capac ity; if one of the partners, 
directors or legal representatives of an applicant company also holds any of  these positions in another applicant 
company; or if one of the partners, directors or legal repr esentatives of an applicant company is a blood relative or 
relative in law up to and including the third degree of a na tural person who controls, is a partner in or legal 
representative of or holds a managerial or representative position with another applicant.  
 
 
  
  
   G/AG/N/CRI/17
 Page 7Description of products Tariff item number(s) encompassed in 
product description Description of import arrangement applicable 
1 2 3 
 
- Homogenized preparations: 
 -- With meat or meat offal of poultry of 
heading 0105 
  
 
 - Of poultry of heading 0105: 
 
-- Other  
Ice cream and other edible ice 
  
1602.10.20 
  
 
  
 
 1602.39.00 
 
  
2105.00.00  (iii) How licences or access are to be allocated: 
 
If the sum of the amounts requested in the eligible applications received is less than the total amount available for 
the respective quota, each applicant is  allocated the amount specified in his application. Any remaining quota 
shares are distributed among all the interested parties who so request following publication of the resolution 
governing the final allocation.  
If the sum of the amounts requested in the eligible applications received is  greater than the total annual amount 
available for the respective quota, eighty (80) per cent of the total quota volume is divided among applicants with a 
documented record. If the overall total amount requested by a pplicants with a documented record is less than this 
80 per cent, each applicant is allocated the amount requested .  Any remaining quota shares are added to the amount 
to be distributed among new applicants for the corresponding  product. If the total amount requested by applicants 
with a documented record is equal to or more than this 80 per cent,  the percentage of the amount to be allocated to 
each such applicant is determined  using the following formula: 
 
100*∑=
ji
ixxC  
 
where:  
 
• Ci is the percentage of the total quota volume allocated to applicant i; 
• xi is the total volume of imports of the product covered by the quota by applicant i during the previous 
calendar year, in accordance w ith the documented record established by COMEX; and   
• ∑ jxis the overall total volume of imports of the product covered by the quota by all applicants 
with a documented record during th e previous calendar year, in accord ance with the documented record 
established by COMEX.    
 In the event of there being no applicants with a docum ented record, the entire quota volume will be distributed 
among the new applicants. 
 The remaining twenty (20) per cent of the total quota vol ume is distributed among new applicants.  If the overall 
total amount requested by new applicants is less than th is 20 per cent, each applicant is allocated the amount 
requested. The remaining quota shares are added to the amount to be distributed among applicants with a 
documented record for the corresponding product.       
If the overall total amount requested by new applicants is  equal to or more than this 20 per cent, the quota is 
distributed in accordance with the formula set out above, with the following changes:    
 
 
   
  G/AG/N/CRI/17 
Page 8 Description of products Tariff item number(s) encompassed in 
product description Description of import arrangement applicable 
1 2 3 
• Ci is the percentage of the total quot a volume allocated to new applicant i;  
• xi is the total amount requested by new applicant i; and 
• ∑ jxis the total amount requested by all new applicants.  
 
In the event of there being no new a pplicants, the entire quota volume will be distributed among applicants with a 
documented record.  No applicant will, under any circumstan ces, be allocated a quota volume greater  than that requested. Neither will 
any natural or legal person who has been allocated a quot a share be able to import under the respective quota an 
amount greater than that actually allocated in the corresponding period.   
Quota shares remaining after the initial allocation are made available to interested par ties and distributed on a daily 
first-come first-serve basis. Furthermore, a special no tice is published on the last working day of July, making 
quota portions returned as of 30 June of the year in question, plus all as yet unused volumes, available to interested 
parties. This reallocation is carried out on a daily first-come first-serve basis. 
 
 (iv) Any limitations on the period of validity or use of the licences granted: 
 
The import period begins on the date on which the resoluti on governing the quota allocation is  issued and runs until 31 
December of the corresponding year. 
 
(c) Details of other arrangements (not involving impo rt licences) under which access to quotas is to be 
administered:  
 
Not applicable 
 
(d) Any other information relevant to the implementation of market access opportunities under such 
arrangements: 
 
Not applicable  
 
__________