Proposal for a COUNCIL DECISION establishing the position to be taken by the European Union within the Ministerial Conference of the World Trade Organization on the accession of the Republic of Liberia to the WTO
Date: 2015-10-01
Institutions: Directorate-General for Trade and Economic Security, European Commission
Subjects: Liberia, World Trade Organisation, accession to an agreement, enlargement of an international organisation, international negotiations

EUROPEAN 
COMMISSION 

Brussels, 1.10.2015  
COM(2015) 469 final 

2015/0230 (NLE) 

Proposal for a 

COUNCIL DECISION 

establishing the position to be taken by the European Union within the Ministerial 
Conference of the World Trade Organization on the accession of the Republic of Liberia 
to the WTO 

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EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

Members of the World Trade Organization (WTO) and the Republic of Liberia have reached 
the concluding stage of an agreement on the terms for the accession of the Republic of Liberia 
to the organization. This comes after 8 years of negotiations, which began when the Republic 
of Liberia submitted its application to join the WTO in 2007. A summary of the terms of the 
accession is set out below under point 5. 

In submitting the terms of Accession of the Republic of Liberia to the WTO for approval by 
the Council, the Commission considers these terms as representing a balanced and ambitious 
package  of  market  opening  commitments,  which  will  bring  substantial  benefits  to  the 
Republic  of  Liberia  and  its  WTO  trading  partners  alike.  Liberia’s  request  for  accession  has 
been examined in accordance with the guidelines set out by the WTO General Council on the 
accession  of  least-developed  countries  (LDC)  and  taking  into  account  the  overall  bilateral 
trade relations with Liberia in the context of the EU-ACP partnership. 

• 

Consistency with existing policy provisions in the policy area 

Multilateralism is at the heart of EU's trade policy and the EU supports the WTO accession of 
third countries on right terms.  

• 

Consistency with other Union policies 

Consistent  with  the  EU  external  action  and  development  policy,  the  proposal  will  anchor 
Liberia  in  the  multilateral  trading  system  in  accordance  with  the  guidelines  set  out  by  the 
WTO  General  Council  on  the  accession  of  least-developed  countries (LDC) and taking into 
account  the  overall  bilateral  trade  relations  with  Liberia  in  the  context  of  the  EU-ACP 
partnership.  

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

A Council Decision approving the terms of the Republic of Liberia's accession to the WTO is 
required by Article 218(9) of the Treaty of the Functioning of the European Union before the 
EU can formally support that approval in the WTO. 

• 

Subsidiarity (for non-exclusive competence)  

Not applicable. EU exclusive competence for trade. 

• 

Proportionality 

Not applicable. An Article 218(9) Council Decision is required. 

• 

Choice of the instrument 

Not applicable. An Article 218(9) Council Decision is required. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not applicable 

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• 

Stakeholder consultations 

Not applicable 

• 

Collection and use of expertise 

Not applicable 

• 

Impact assessment 

Unnecesary. An Article 218(9) Council Decision is required. 

• 

Regulatory fitness and simplification 

The proposal is not linked to REFIT 

• 

Fundamental rights 

The proposal has no consequences for the protection of fundamental rights. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no budgetary implications. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable 

• 

Detailed explanation of the specific provisions of the proposal 

Summary of terms of accession 

Schedules of commitments 

Goods (overall) 

The average final bound rate (FBR) in the accession schedule of Liberia is 26.6 %. 

The  average  FBR  for  agricultural  products  at  23.6%  is  lower  than  the  27.2%  observed  for 
industrial goods.  

Liberia will implement most of the FBRs as from the date of accession. For 249 tariff lines 
(TLs), i.e. 4% of its schedule, Liberia FBR will be implemented only by 2019. 

These average levels for tariffs are of a very high standard for a LDC, especially taking into 
consideration the small size and vulnerability of the economy of Liberia.  

Industrial Goods  

The average FBR for non-agricultural products is 27.2%. 

• 

• 

Liberia  is  binding  100%  of  its  schedule,  taking  bound  tariff  commitments  for  all 
industrial goods. 

The highest tariff peaks are at 50% for paints, household plastics, sanitary paper, and 
wooden furniture. 

Agricultural goods  

• 

The average FBR for agricultural products is 23.6%. 

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• 

The  highest  tariff  peaks  in  agriculture  are  at  50%  for  cocoa  beans,  tomato  ketchup 
and mineral waters. 

Services  

Liberia's schedule of specific commitments in services is very comprehensive and ambitious 
considering  its  LDC  status.  Liberia  will  undertake  market  access  and  national  treatment 
commitments in a broad range of services sectors, including professional, computer and other 
business  services,  communication  services,  construction  services,  distribution  services, 
private  educational  services,  environmental  services,  financial  (insurance  and  banking) 
services,  privately  funded  health  and  social  services,  tourism  services,  recreational,  cultural 
and sporting  services and transport services (maritime, internal waterways and road trasport 
services and services auxiliary to all modes of trasport). 

Protocol commitments 

In the final, multilateral stage of the accession process, WTO Members collectively sought to 
ensure  the  basic  compatibility  of  Liberia’s  trade  laws  and  institutions  with  WTO  rules  and 
agreements, setting these out in the Working Party Report.  

Technical  assistance  and/or  transition  periods  were  requested  to  implement  some  WTO 
commitments.  As  regards  transitional  periods,  Liberia  will  have  until  1st  August  2017  to 
ensure  full  compliance  with  WTO  obligations  on  fees  and  charges  in  connection  with 
importation  and  exportation,  on  Technical  Barriers  to  Trade  and  on  Sanitary  and 
Phytosanitary  measures.  Liberia  will  also  be  able  to  maintain  some  TRIMS-incompatible 
investment incentives until 1st August 2019. 

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2015/0230 (NLE) 

Proposal for a 

COUNCIL DECISION 

establishing the position to be taken by the European Union within the Ministerial 
Conference of the World Trade Organization on the accession of the Republic of Liberia 
to the WTO 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 91, 100(2) and the first subparagraph of Article 207(4), in conjunction with Article 
218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

On 13 June 2007 the Government of the Republic of Liberia applied for accession to 
the  Marrakesh  Agreement  establishing  the  World  Trade  Organization  (WTO), 
pursuant to Article XII of that Agreement. 

A  Working  Party  on  the  accession  of  the  Republic  of  Liberia  was  established  on  18 
December  2007  in  order  to  reach  agreement  on  terms  of  accession  acceptable  to  the 
Republic of Liberia and all WTO Members. 

The  Commission,  on  behalf  of  the  Union,  has  negotiated  a  comprehensive  series  of 
market opening commitments on the part of the Republic of Liberia which are in line 
with  the  guidelines  set  out  by  the  WTO  General  Council  on  the  accession  of  least-
developed countries (LDC) and which satisfy the Union's requests taking into account 
the bilateral trade relations with the Republic of Liberia in the context of the EU-ACP 
partnership. 

These commitments are now embodied in the Protocol of Accession of the Republic of 
Liberia to the WTO. 

Accession to the WTO is expected to make a positive and lasting contribution to the 
process of economic reform and sustainable development in the Republic of Liberia. 

The Protocol of Accession should therefore be approved. 

Article  XII  of  the  Agreement  establishing  the  WTO  provides  that  the  terms  of 
accession are to be agreed between the acceding Member and the WTO, and that the 
Ministerial Conference of the WTO approves the terms of accession on the WTO side. 
Article  IV.2  of  the  Agreement  establishing  the  WTO  provides  that  in  the  intervals 
between  meetings  of  the  Ministerial  Conference,  its  functions  shall  be  conducted  by 
the General Council. 

(8) 

Accordingly, it is necessary to establish the position to be taken by the Union within 
the Ministerial Conference of the WTO on the accession of the Republic of Liberia to 
the WTO, 

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HAS ADOPTED THIS DECISION:  

Article 1 

The  position  to  be  taken  by  the  European  Union  within  the  Ministerial  Conference  of  the 
World  Trade  Organization  on  the  accession  of  the  Republic  of  Liberia  to  the  WTO  is  to 
approve the accession. 

This Decision shall enter into force on the day of its adoption. 

Done at Brussels, 

Article 2 

For the Council 
The President 

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