AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF CUBA 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

Dear 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 as communicated to WTO Members in document G/SECRET/42/Add.2, Cuba and the European Union agree to conclude the negotiations on the following basis:

Cuba agrees with the principle and methodology of apportioning the scheduled quantitative commitments in the form of tariff-rate quotas of the European Union that included the United Kingdom whereby there is an apportioned quantity taken on by the European Union that no longer includes the United Kingdom, with the remainder of the quantity taken on by the United Kingdom.

In respect of the tariff-rate quotas where Cuba has negotiation or consultation rights under Article XXVIII of the GATT, Cuba expresses that it agrees and is satisfied with the proposed apportionment as set out in document G/SECRET/42/Add.2 and the resulting quantitative commitments taken on by the European Union that no longer includes the United Kingdom.

The European Union and Cuba 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. It shall apply from that date or from the date when the United Kingdom ceases to be covered by the schedule of concessions and commitments of the European Union CLXXV, whichever the latest.

I should be obliged if you would confirm that your Government is in agreement with the above. I have the honour to propose that, if the above is acceptable to your Government, this letter and your confirmation shall together constitute an Agreement in the form of an Exchange of Letters between the European Union and Cuba, including for the purposes of Article XXVIII:3(a) and (b) of the GATT 1994.

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

B. Letter from Cuba

Sir,

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 as communicated to WTO Members in document G/SECRET/42/Add.2, Cuba and the European Union agree to conclude the negotiations on the following basis:

Cuba agrees with the principle and methodology of apportioning the scheduled quantitative commitments in the form of tariff-rate quotas of the European Union that included the United Kingdom whereby there is an apportioned quantity taken on by the European Union that no longer includes the United Kingdom, with the remainder of the quantity taken on by the United Kingdom.

In respect of the tariff-rate quotas where Cuba has negotiation or consultation rights under Article XXVIII of the GATT, Cuba expresses that it agrees and is satisfied with the proposed apportionment as set out in document G/SECRET/42/Add.2 and the resulting quantitative commitments taken on by the European Union that no longer includes the United Kingdom.

The European Union and Cuba 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. It shall apply from that date or from the date when the United Kingdom ceases to be covered by the schedule of concessions and commitments of the European Union CLXXV, whichever the latest.

I should be obliged if you would confirm that your Government is in agreement with the above. I have the honour to propose that, if the above is acceptable to your Government, this letter and your confirmation shall together constitute an Agreement in the form of an Exchange of Letters between the European Union and Cuba, including 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.