Correction to the Agreement in the form of agreed minutes relating to certain agricultural products negotiated between the European Economic Community and the Republic of Austria under Article XXVIII of the GATT

(Official Journal of the European Communities N° L 224 of 13 August 1988, page 2)

Given that certain errors appear in the Agreement mentioned below, the entire text shall be published as below in the form of a corrected version, replacing the version of the Agreement published in Official Journal of the European Communities N° L 224 of 13 August 1988, page 2.

AGREEMENT

in the form of agreed minutes relating to certain agricultural products negotiated between the European Economic Community and the Republic of Austria under Article XXVIII of the GATT

AGREED MINUTES

1. The Austrian delegation and the delegation of the Commission of the European Communities have concluded their negotiations under Article XXVIII of the GATT concerning the modification or withdrawal of tariff concessions in Schedule XXXII - Austria with agreements on the following:

(a) negotiations concerning Schedule XXXII - Austria (Annex I);

(b)

Agreement in the form of an Exchange of Letters amending and supplementing the Exchange of Letters of 21 July 1972, as last amended by the Exchange of Letters of 14 July 1986 (Annex II);

(c)

an Exchange of Letters providing for an Agreement on the withdrawal of the GATT conventional duty on chocolate (Annex III).

2. They agreed to submit these agreements for the approval of their respective authorities.

Done at Vienna, on the fourth day of July in the year one thousand nine hundred and eighty-eight.

On behalf of the

Council of the European

Communities

For the Government

of the Republic of Austria

JOINT COMMUNICATION

to the Director-General of GATT

To the Director-General GATT

Geneva

NEGOTIATIONS RELATING TO SCHEDULE XXXII - AUSTRIA

The Delegations of the European Economic Community and the Republic of Austria have concluded their negotiations under Article XXVIII for the modification or withdrawal of concessions provided for in Schedule XXXII - Austria as set out in the report attached.

Done at Vienna, on the fourth day of July in the year one thousand nine hundred and eighty-eight.

For the Delegation

of the European Economic

Community

For the Delegation

of the Republic of Austria

(subject to ratification)

ANNEX

RESULTS OF NEGOTIATIONS UNDER ARTICLE XXVIII FOR THE MODIFICATION OR

WITHDRAWAL OF CONCESSIONS IN SCHEDULE XXXII - AUSTRIA

CHANGES IN SCHEDULE XXXII - AUSTRIA

A. CONCESSIONS TO BE WITHDRAWN

(a) In the CCC nomenclature

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EXCHANGE OF LETTERS

amending and supplementing the Exchange of Letters of 21 July 1972, as last amended by the Exchange of Letters of 14 July 1986

Vienna, 4 July 1988

Sir,

I refer to the Exchanges of Letters of 21 July 1972, 21 October 1981, 12 January 1983 and 14 July 1986 between the European Economic Community and Austria and to negotiations which, further to the removal of certain conventional duties from GATT Schedule XXXII - Austria, have taken place between the two Contracting Parties with a view to adjusting the said agreements and determining the trading arrangements applicable to certain agricultural products within the meaning of Article 15 of the Free Trade Agreement between the European Economic Community and Austria.

I hereby confirm that the following results were obtained in these negotiations:

From the date on which the withdrawal of the GATT conventional duties which were the subject of the abovementioned negotiations becomes effective, the Republic of Austria will grant to the Community, on a unilateral basis, the tariff concessions indicated in the Annex to this letter.

This Exchange of Letters is subject to approval by the Contracting Parties in accordance with their respective procedures.

I should be grateful if you would confirm your agreement with the content of this letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Republic of Austria

(subject to ratification)

ANNEX

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Vienna, 4 July 1988

Sir,

I have the honour to acknowledge receipt of your letter of today's date which reads as follows:

'I refer to the Exchanges of Letters of 21 July 1972, 21 October 1981, 12 January 1983 and 14 July 1986 between the European Economic Community and Austria and to negotiations which, further to the removal of certain conventional duties from GATT Schedule XXXII - Austria, have taken place between the two Contracting Parties with a view to adjusting the said agreements and determining the trading arrangements applicable to certain agricultural products within the meaning of Article 15 of the Free Trade Agreement between the European Economic Community and Austria.

I hereby confirm that the following results were obtained in these negotiations:

From the date on which the withdrawal of the GATT conventional duties which were the subject of the abovementioned negotiations becomes effective, the Republic of Austria will grant to the Community, on a unilateral basis, the tariff concessions indicated in the Annex to this letter.

This Exchange of Letters is subject to approval by the Contracting Parties in accordance with their respective procedures.

I should be grateful if you would confirm your agreement with the content of this letter.`

I have the honour to inform you that the European Economic Community agrees with the contents of the above letter.

Pleace accept, Sir, the assurance of my highest consideration.

On behalf of the Council of the European Communities

ANNEX

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EXCHANGE OF LETTERS

providing for an agreement on the withdrawal of GATT conventional duty on chocolate

Vienna, 4 July 1988

Sir,

I have the honour to refer to the Austrian notification in GATT-Document SECRET/323 of 23 December 1986.

May I recall that by the document mentioned, Austria informed the Contracting Parties of its intention to withdraw, in accordance with the provisions of Article XXVIII:5 of the General Agreement on Tariffs and Trade the concession bound in Schedule XXXII - Austria with regard to Tariff Item No ex 1806 Chocolate. The duty was bound at the following rate: 32 % but not less than 460 Austrian schillings per 100 kilograms.

I would like to confirm that the principal supplier of this product is the European Economic Community; the European Economic Community has therefore the negotiating rights in accordance with Article XXVIII of the General Agreement with respect to this Austrian binding.

Following the consultations held between our delegations, I wish to confirm on behalf of the Austrian authorities that agreement has been reached as follows:

1. The Community accepts to waive at this stage its negotiating rights in order that Austria can complete the GATT procedure for the withdrawal of the concession on the tariff position mentioned above.

2. If, however, Austria levies in the future a duty or levy in excess of the formerly bound duty rate of 32 %, but not less than 460 Austrian schillings per 100 kilograms for products originating in the EEC, the Austrian authorities will, upon request, promptly enter into consultations with the Community with a view to taking appropriate measures to compensate the Community to an extent equivalent to its right under Article XXVIII of GATT.

I wish to take this occasion, Sir, to renew the assurance of my highest consideration.

For the Government of the Republic of Austria

(subject to ratification)

Vienna, . . . . . .

Sir,

I have the honour to confirm the receipt of your letter which reads as follows:

'I have the honour to refer to the Austrian notification in GATT-Document SECRET/323 of 23 December 1986.

May I recall that by the document mentioned, Austria informed the Contracting Parties of its intention to withdraw, in accordance with the provisions of Article XXVIII:5 of the General Agreement on Tariffs and Trade the concession bound in Schedule XXXII - Austria with regard to Tariff Item N° ex 1806 Chocolate. The duty was bound at the following rate: 32 % but not less than 460 Austrian schillings per 100 kilograms.

I would like to confirm that the principal supplier of this product is the European Economic Community; the European Economic Community has therefore the negotiating rights in accordance with Article XXVIII of the General Agreement with respect to this Austrian binding.

Following the consultations held between our delegations, I wish to confirm on behalf of the Austrian authorities that agreement has been reached as follows:

1. The Community accepts to waive at this stage its negotiating rights in order that Austria can complete the GATT procedure for the withdrawal of the concession on the tariff position mentioned above.

2. If, however, Austria levies in the future a duty or levy in excess of the formerly bound duty rate of 32 %, but not less than 460 Austrian schillings per 100 kilograms for products originating in the EEC, the Austrian authorities will, upon request, promptly enter into consultations with the Community with a view to taking appropriate measures to compensate the Community to an extent equivalent to its right under Article XXVIII of GATT.

I wish to take this occasion, Sir, to renew the assurance of my highest consideration.`

I wish to confirm the agreement of the European Economic Community to the foregoing.

I would like to add the following point which you have already noted during our consultations and which is of interest to the Community. On the basis of the Free Trade Agreement between the Community and Austria, the Community benefits from a preference margin of 12 percentage points due to the elimination of the 12 % duty rate (the fixed element) on 1 July 1972 for this product. The Community has an interest that this margin should be maintained in the future.

Please accept, Sir, the assurances of my highest consideration.

On behalf of the Council of the European Communities