AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF INDONESIA PURSUANT TO ARTICLE XXVIII OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT) 1994 RELATING TO THE MODIFICATION OF CONCESSIONS ON ALL THE TARIFF-RATE QUOTAS INCLUDED IN THE EU SCHEDULE CLXXV AS A CONSEQUENCE OF THE UNITED KINGDOM’S WITHDRAWAL FROM THE EUROPEAN UNION

A. Letter from the European Union

Sir/Madam,

Following negotiations under Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff-rate quotas included in the European Union Tariff Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union (‘EU’) as communicated to WTO Members in document G/SECRET/42/Add.2), Indonesia and the EU agree to conclude the negotiations on the following basis:

Indonesia agrees with the principle and methodology of apportioning the scheduled quantitative commitments in the form of the tariff-rate quotas of the EU that included the United Kingdom, whereby an apportioned quantity of those quotas is taken on by the EU without the United Kingdom and the remainder taken on by the United Kingdom.

In respect of tariff-rate quota 053 (manioc/cassava comprised of the following tariff lines: ex 0714 10 00; 0714 30 00; 0714 40 00; 0714 50 00; 0714 90 20) as set out in document G/SECRET/42/Add.2 where Indonesia holds negotiating rights, the EU and Indonesia agree that the scheduled quantitative commitment for this product for the EU without the United Kingdom will be 165 000 tonnes. The conditions for this tariff-rate quota as set out previously in the EU schedule CLXXV (in-quota preferential tariff of 6 % ad valorem) and administration in accordance to EU rules will remain unchanged as a result of this apportionment.

The EU and Indonesia shall notify each other of the completion of their internal procedures for the entry into force of this Agreement. This Agreement shall enter into force on the date of the last notification.

I should be obliged if you would confirm that your Government is in agreement with the above. I have the honour to propose that this letter (in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Bahasa Indonesia languages, each text being equally authentic) and your Government’s confirmation in reply shall together constitute an Agreement in the form of an Exchange of Letters between the European Union and the Republic of Indonesia, for the purposes of Article XXVIII:3(a) and (b) of the GATT 1994.

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

B. Letter from Indonesia

Sir/Madam,

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

‘Following negotiations under Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the European Union Tariff Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union (“EU”) as communicated to WTO Members in document G/SECRET/42/Add.2), Indonesia and the EU agree to conclude the negotiations on the following basis: Indonesia agrees with the principle and methodology of apportioning the scheduled quantitative commitments in the form of the tariff-rate quotas of the EU that included the United Kingdom, whereby an apportioned quantity of those quotas is taken on by the EU without the United Kingdom and the remainder taken on by the United Kingdom. In respect of tariff-rate quota 053 (manioc/cassava comprised of the following tariff lines: ex 0714 10 00; 0714 30 00; 0714 40 00; 0714 50 00; 0714 90 20) as set out in document G/SECRET/42/Add.2 where Indonesia holds negotiating rights, the EU and Indonesia agree that the scheduled quantitative commitment for this product for the EU without the United Kingdom will be 165 000 tonnes. The conditions for this tariff-rate quota as set out previously in the EU schedule CLXXV (in-quota preferential tariff of 6 % ad valorem) and administration in accordance to EU rules will remain unchanged as a result of this apportionment. The EU and Indonesia shall notify each other of the completion of their internal procedures for the entry into force of this Agreement. This Agreement shall enter into force on the date of the last notification. I should be obliged if you would confirm that your Government is in agreement with the above. I have the honour to propose that this letter (in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Bahasa Indonesia languages, each text being equally authentic) and your Government’s confirmation in reply shall together constitute an Agreement in the form of an Exchange of Letters between the European Union and the Republic of Indonesia, for the purposes of Article XXVIII:3(a) and (b) of the GATT 1994.’.

I hereby have the honour to express my Government’s agreement with the above letter.