CELEX: 51996PC0107
Language: en
Date: 1996-03-13
Title: Proposal for a COUNCIL DECISION Concerning the conclusion of the results of consultations with Thailand under GATT Article XXIII

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                  Brussels, 13.03.1996
                                                  COM(96) 107 final
                                                  96/ 0081 (ACC)
                                  Proposal for a
                              COUNCIL DECISION
Concerning the conclusion of the results of consultations with Thailand under- GATT
Article XXIII
                         (presented by the Commission)
 ---pagebreak---  ---pagebreak---                          EXPLANATORY MEMORANDUM
The Commission has now concluded the current consultations with Thailand, under GATT
Article XXIII, concerning the EC's import regime for rice. The results of the
consultations are contained in an agreement in the form of an exchange of letters between
the European Community and Thailand.
The agreement may be summarized as follows :
       -   The EC and Thailand agree to suspend the current consultations under Article
           XXIII of the GATT.
           The EC would open an additional autonomous annual TRQ of 10.500 t of
           manioc starch, of which 10.000 t would be allocated to Thailand. The in-
           quota rate would be the prevailing MFN rate reduced by 100 Ecu t. The same
           in-quota rate would apply to the existing TRQ's for manioc starch. The end-
           use requirements would be waived.
       -   The EC would open a TRQ of 80.000 t of broken rice, of which 41.600 t will
           be allocated to Thailand. The in-quota rate would be the prevailing MFN rate
           reduced by 28 Ecu t.
       -   In addition, the agreement also foresees the possibility for the partners to
           review jointly the functioning of the representative price system. However,
           both parties consider that such a review should not be necessary before 1998.
           Both parties would not exercise their WTO rights so long as the annual tariff
           quotas are open and remain effective for the year concerned. However, by a
           two-month notice prior to the end of the quota year each party may resume the
           consultations or revoke the tariff concessions.
                                                                                          i
 ---pagebreak---                             Proposal for a Council Decision
Concerning the conclusion of the results of consultations with Thailand under GATT
Article XXIII
The Council of the European Union,
having regard to the Treaty establishing the European Community, and in particular
Article 113, in conjunction with Article 228 (2), first sentence thereof,
having regard to the proposal from the Commission,
whereas the Community has entered into consultations under GATT Article XXIII with
Thailand on the Community's import regime for rice,
whereas the result of these consultations are contained in an agreement in the form of an
exchange of letters,
whereas it is in the interest of the Community to approve this agreement,
has decided as follows :
                                         Article 1
 1. The agreement in the form of an exchange of letters between Thailand and the
     European Community on rice and manioc starch is hereby approved on behalf of the
     Community:
2. The text of the agreement referred to in this Article is attached to this Decision.
 3. The President of the Council is hereby authorised to designate the person empowered
     to sign the agreement in order to bind the Community.
                                         Article 2
 The Commission shall adopt the detailed rules as regards the tariff rate quotas for broken
 rice and manioc starch in accordance with the procedure laid down in Article 23 of
 Council Regulation (EEC) No. 1766/92 of 30 June 1992 on the common organization of
 the market in cereals.
                                               Done at Brussels,
                                                For the Council
                                                The President
                                                                                            3
 ---pagebreak---           Exchange of letters on Consultation under Article XXIII on Rice
Excellency,
I have the honour to confirm the understanding reached between the Kingdom of Thailand
and the European Community on the European Community's tariff quotas on broken rice
and manioc starch to be effective from 1 April 1996 as appeared in the note annexed to
this Exchange of Letters.
In addition to the above understanding, the two parties further agree that they shall review
jointly, at the request of either party, the functioning of the "representative price" system
for rice. If it appears to either party that the functioning of the system is materially
impeding trade flows between the parties, the Commission of the European Communities
in consultation with the Government of the Kingdom of Thailand shall examine
significant problems identified with a view to implementing appropriate solutions. It is
the expectation of the two parties that such a review should not be necessary before the
year 1998.
 On the basis of the above understanding and agreement, the two parties agree to suspend
the current consultations under Article XXIII of the GATT 1994.
 The aforementioned suspension agreement and the annex appertaining thereto shall be
 without prejudice to the rights and obligations of either party under the World Trade
 Organization (WTO). However, both parties will not exercise their rights so long as the
 annual tariff quotas are opened and remain effective for the year concerned; the party
 exercising the right will give a two-month notice prior to the end of the relevant quota
 year.
 This letter and Your Excellency's identical letter shall constitute the agreement between
 the two parties on the suspension of the current consultations under Article XXIII of the
 GATT 1994.
 Accept, Excellency, the assurances of my highest consideration.
 ---pagebreak---                                     Note on Tariff Quotas
Excellency,
Following the discussions to further the common interest of the European Community and
the Kingdom of Thailand, the following understanding between the European Community
and the Kingdom of Thailand has been reached, effective from 1 April 1996 :
          1. Manioc Starch
             (a) An additional autonomous annual TRQ of 10,500 t. will be opened by
                   the European Community of which 10,000 t. will be allocated to
                   Thailand.
             (b) The in-quota rate for this additional autonomous annual TRQ will be the
                   prevailing MFN rate reduced by 100 Ecu/t.
             (c) The in-quota rate for the two TRQs for manioc starch included in the
                   schedule of the European Community, to be applied on an autonomous
                   basis, will be the prevailing MFN rate reduced by 100 Ecu/t.
             (d) The European Community will, on an autonomous basis, waive the end-
                   use requirements for these three TRQs.
         2. Broken Rice
             (a) A new annual TRQ of 80,000 t. will be opened by the European
                   Community of which 41,600t. will be allocated to Thailand.
             (b) The in-quota rate will be the prevailing MFN rate reduced by 28 ECU/t.
 To the extent that the TRQs are allocated to Thailand, the European Community import
 licenses will be issued automatically within the agreed limits on the basis of export
 certificates issued by the Government of Thailand.
                                                                                         ç
 ---pagebreak---                             FINANCIAL STATEMENT
Section 1.    Financial Implications
1.     Proposal for a Council Decision concerning the conclusion of the results of
       consultations with Thailand under GATT Article XXIII.
2.     Budget heading:       (loss of revenue: not known)
3.     Legal basis:          Article 113
4.     Description: Opening of tariff rate quotas for manioc starch and broken rice.
5.     Type of revenue:      Loss of revenue for duties paid on third country imports.
6.     Change in level of revenue:
       The maximum loss of revenue will be in the order of 3,5 MECU per year.
                                                                                       Q
 ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 107 final
                                              DOCUMENTS
EN                                                                           11
                                     Catalogue number : CB-C0-96-115-EN-C
                                                             ISBN 92-78-01633-0
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