PROPOSAL FOR A COUNCIL DECISION CONCERNING THE CONCLUSION OF THE PROTOCOL OF ACCESSION OF COSTA RICA TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE
Date: 1990-02-14
Institutions: European Commission
Subjects: Costa Rica, GATT, protocol to an agreement

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. 

The President  of  the Council  is hereby authorized  to designate the 
person empowered  to sign the Protocol  in order  to bind  the Community 

Article 2 

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 
M d)  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 
to in  paragraph  31 of  document L/6589 when  in excess of  levels 
referred 
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. 

(a)  In each case  in  which paragraph  1 of  Article  II of the  General 
6. 
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 

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