COMMISSION OF THE EUROPEAN COMMUNITIES 
COM(90) 60 final 
Brussels, 14 February 1990 
Proposal for a 
COUNCIL DECISION 
concerning the Conclusion of the Protocol of Accession 
of Costa Rica 
to the General Agreement on Tariffs and Trade 
(presented by the Commission) 

(U-^ lûO \ %Q 
EXPLANATORY MEMORANDUM 
1. On 2 June 1987 Costa Rica declared Its Intention to accede to the 
GATT. The Working Party, established to examine the request, 
submitted to the GATT Council of 7 November 1989 a recommendation 
to accept the request and a Protocol of Accession, setting out the 
conditions under which Costa Rica accedes to the GATT. The council 
adopted both texts and consequently opened the voting procedure for 
Costa Rica's accession according to Article XXXIII. 
2. During bilateral negotiations with the Community Costa Rica agreed 
to bind its tariff across the board at a ceiling of 60% ad valorem 
within 1 year of Its accession to GATT. This level compares 
favourably with celling bindings made by other developing countries 
such as Mexico and Colombia. Costa Rica agreed to tariff bindings 
below the 60% ceiling bindings for a number of products that are of 
export Interest to the Community. These bindings will apply In some 
cases Immediately or after a three year transitional period. Costa 
Rica also pledged to eliminate Import surcharges, import licensing 
restrictions and quantitative restrictions within four years after 
Its accession. Finally Costa Rica agreed to grant the Community 
Initial Negotiating Rights for an Important list of products. 
3. After obtaining a favourable opinion from the Article 113 
Committee, the Commission has agreed to the results of the 
bilateral trade negotiations with Costa Rica In the context of the 
latter's accession to the GATT. 
4. On the 20 November 1989 the necessary two thirds majority of 
contracting parties was reached in the GATT, all the Member States 
of the Community having voted In favour. The Protocol Is now open 
for signature by Costa Rica, the Contracting Parties and the 
European Economic Community. 
The Protocol should thus be signed on behalf of the Community. 
i 
Draft 
COUNCIL DECISION 
of 
concerning the Conclusion of the Protocol of Accession 
of Costa Rica 
to the General Agreement on Tariffs and Trade 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic 
Community, and in particular Article 113 thereof, 
Whereas Costa Rica entered into negotiations with the European Economic 
Community and the other Contracting Parties to the General Agreement on 
Tariffs and Trade with a view to its accession to the General 
Agreement ; 
Whereas the results of these negotiations are acceptable to the 
Community, 
HAS DECIDED AS FOLLOWS: 
Article 1 
The Protocol of Accession of Costa Rica to the General Agreement on 
Tariffs and Trade is hereby approved on behalf of the European Economic 
Community. The text of the Protocol Is attached to this Decision. 
Article 2 
The President of the Council is hereby authorized to designate the 
person empowered to sign the Protocol in order to bind the Community 
Done at Brussels, For the Council 
The President 
PROTOCOL FOR THE ACCESSION OF COSTA RICA 
TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE 
The governments which are contracting parties to the General Agreement 
on Tariffs and Trade (hereinafter referred to as "contracting parties" and 
"the General Agreement", respectively), the European Economic Community and 
the Government of Costa Rica (hereinafter referred to as "Costa Rica"), 
Having regard to the results of the negotiations directed towards the 
accession of Costa Rica to the General Agreement, 
Have through their representatives agreed as follows: 
Part I - General 
1. Costa Rica shall, upon entry into force of this Protocol pursuant to 
paragraph 8, become a contracting party to the General Agreement, as 
defined in Article XXXII thereof, and shall apply to contracting parties 
provisionally and subject to this Protocol: 
(a) Parts I, III and IV of the General Agreement, and 
(b) Part II of the General Agreement to the fullest extent not 
inconsistent with its legislation existing on the date of this 
Protocol. 
The obligations incorporated in paragraph 1 of Article I by reference to 
Article III and those incorporated in paragraph 2(b) of Article II by 
reference to Article VI of the General Agreement shall be considered as 
falling within Part II for the purpose of this paragraph. 
2. (a) The provisions of the General Agreement to be applied to 
contracting parties by Costa Rica shall, except as otherwise provided in 
this Pro.tocol, be the provisions contained in the text annexed to the Final 
Act of the second session of the Preparatory Committee of the United 
Nations Conference on Trade and Employment, as rectified, amended and 
otherwise modified by such instruments as may have become effective on the 
day on which Costa Rica becomes a contracting party. 
(b) In each case in which paragraph 6 of Article V, sub-paragraph 
Md) of Article VII, and sub-paragraph 3(c) of Article X of the General 
Agreement refer to the date of that Agreement, the applicable date in 
respect of Costa Rica shall be the date of this Protocol. 
3. Costa Rica intends to eliminate the import surtaxes and surcharges, as 
referred to in paragraph 31 of document L/6589 when in excess of levels 
bound in the attached Schedule. If four years after the day of Costa 
Rica's accession to the General Agreement, these ta.xes are still in effect 
without the above-mentioned actions having been taken, the matter will be 
reviewed by the CONTRACTING PARTIES. 
4. As indicated in paragraph 50 of document L/6589, Costa Rica will 
continue to gradually eliminate current import licensing restrictions, and 
quantitative restrictions, and will complete their elimination four years 
after the day of Costa Rica's accession to the General Agreement. From the 
date of accession, additional such measures will only be applied as 
provided for in the Articles of the General Agreement, and such 
restrictions remaining after that time, will be notified and justified in 
conformity with GATT obligations. If this is not accomplished, the issue 
will be reviewed by the CONTRACTING PARTIES. 
. Part. II - Schedule 
5. The schedule in the Annex shall, upon the entry into force of this 
Protocol, become a Schedule to the General Agreement relating to Costa 
Rica. 
6. (a) In each case in which paragraph 1 of Article II of the General 
Agreement refers to the date of that Agreement, the applicable date in 
respect of each product which is the subject of a concession provided for 
in the Schedule annexed to this Protocol shall be the date of this 
Protoco 1 . 
(b) For the purpose of the reference in paragraph 6(a) of Article II 
of the General Agreement to the date of that Agreement, the applicable date 
in respect of the Schedule annexed to this Protocol shall be the date of 
this Protocol. 
Part III - Final Provisions 
7. This Protocol shall be deposited with the Director-General to the 
CONTRACTING PARTIES. It shall be open for acceptance by signature or 
otherwise, by Costa Rica until 30 June 1990. It shall also be open for 
acceptance by contracting parties and by the European Economic Community. 
8. This Protocol shall enter into force on the thirtieth day following 
the day upon which it shall have been accepted by Costa Rica. 
9. Costa Rica, having become a contracting party to the General Agreement 
according to paragraph 1 of this Protocol, may accede to the General 
Agreement upon the applicable terms of this Protocol by deposit of an 
instrument of accession with the Director-General. Such accession shall 
take effect on the day on which the General Agreement enters into force 
pursuant to Article XXVI or on the thirtieth day fojlowing the day of the 
deposit of the instrument of accession, whichever is the later. Accession 
to the General Agreement pursuant to this paragraph shall, for the purposes 
of paragraph 2 of Article XXXII of that Agreement, be regarded as 
acceptance of the Agreement pursuant to paragraph ^ of Article XXVI 
thereof. 
10. Costa Rica may withdraw its provisional application of the General 
Agreement prior to its accession thereto pursuant to paragraph 9 and such 
withdrawal shall take effect on the sixtieth day following the day on which 
written notice thereof is received by the Director-General. 
11. The Director-General shall promptly furnish a certified copy of this 
Protocol and a notification of each signature thereto, pursuant to 
paragraph 7, to each contracting party, to the European Economic Community, 
to Costa Rica and to each government which shall have acceded provisionally 
to the General Agreement. 
12. This Protocol shall be registered in accordance with the provisions of 
Article 102 of the Charter of the United Nations. 
Done at Geneva this twentieth day of November one thousand nine 
hundred and eighty-nine, in a single copy, in the English, French and 
Spanish languages, except as otherwise specified with respect to the 
Schedule annexed hereto, each text being authentic. 
ANNEX 
Schedule LXXXV - Costa Rica 
(The schedule may be consulted in the GATT Secretariat in Geneva) 
/ 
IMPACT SUR LES P.M.E 
Cette proposition n'a aucun Impact direct sur les P.M.E 

ISSN 0254-1475 
COM (90) 60 final 
DOCUMENTS 
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Catalogue number : CB-CO-90-077-EN-C 
ISBN 92-77-57505-0 
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