CELEX: 51995PC0736
Language: en
Date: 1995-12-15
Title: Proposal for a COUNCIL DECISION Concerning the conclusion of the results of negotiations with certain third countries under GATT Article XXIV: 6 and other related matters

COMMISSION OF THE EUROPEAN COMMUNITIES
                                                   Brussels, 15.12.1995
                                                   COM(95) 736 final
                                                   95/ 0354 (ACC)
                                    Proposal for a
                               COUNCIL DECISION
Concerning the con elusion of the results of negotiations with certain third countries
             under GATT Article XXIV:6 and other related matters
                          (presented by the Commission)
 ---pagebreak---  ---pagebreak---                     PROPOSAL FOR A COUNCIL DECISION
The Commission has now concluded negotiations with Australia, Chile, Japan, New
Zealand and Thailand. The results of the negotiations are contained in the Proposal
lor a Council Decision concerning the conclusion ol the rcsulls of negotiations with
certain third countries under (ïA'IT Article XXIV:6 and other related matters
 The agreements essentially cover agricultural issues and include commitments on
tariffs, tariffs quotas, export cornmitments and domestic support
                                                                                     1
 ---pagebreak---                                      ial for a Councji
Concerning the conclusion of the results of negotiations with certain tliiMçmjJlloes
                 under G A I T Article XX1V:6 and other related matters
The Council of the European Union,
having regard to the Treaty establishing the European. Community, and in particular
Article 113 thereof,
having regard to the proposal from the Commission,
whereas the Community has entered into negotiations under GAIT Article XXIV:6;
whereas these negotiations have resulted in agreements with Australia, Chile, Japan, New
Zealand and Thailand,
whereas it was also in the interest of the Community to resolve certain other outstanding
issues in the agricultural sector with the parties concerned,
whereas it is in the interest of the Community to approve these agreements,
has decided as follows :
                                            Article \
 1. Agreements for the conclusion of negotiations between Australia, Chile, Japan, New
    Zealand and Thailand and the European Community under Article XXIV:6 of the
    GATT 1994, as well as Exchanges of Letters where relevant, are hereby approved on
     behalf of the Community,
 2.   The texts of the agreements referred to in this Article are 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.
                                                                 Done at Brussels,
                                                                 For the Council
                                                                 The President
                                                                                             i
 ---pagebreak---                                           AGREEMENT
                •OR TUT; CONCLUSION OI ; NEGOTIATIONS BETWEEN
                    AUSTRALIA AND THE EUROPEAN COMMUNITY
                                  UNDER ARTICLE XXIV.6
Australia and the European Community,
   desiring to bring their'GATT Article XXI V:6 negotiations to conclusion on the basis
   of a reasonable and mutually satisfactory compromise, and
    further desiring to strengthen the close partnership in commercial and economic
    matters between the European Community and Australia,
agree to the following provisions :
A. The European Community shall incorporate in its new Schedule CLX, for the
    customs territory of the EC-15, the concessions that were included in the previous
    Schedule LXXX as modified by the European Community Schedule annexed to the
    Marrakech Protocol to the General Agreement, 1994 (dated 15 April 1994).
B. To settle the current GATT Article XXIV.6 negotiations on agriculture the following
     has been agreed and as regards the tariff rate quotas will apply with effect from 1
     January 1996 :
     -   Add 2.000 tons to the allocation for Australia under the EC tariff rate quota for
         "high quality" beef.
     - Add 1.150 tons to the allocation for Australia under the EC tariff rate quota for
         sheepmeat.
     -   Add 750 tons to the allocation for Australia under the EC tariff rate quota for
         cheddar.
      -   Tariff rate quota 63.000 tons of "semi-milled and wholly milled rice"
                   10 06 3000 at 0 Ecu/t (erga omnes).">
      - Tariff rate quota 20.000 tons of "husked (brown) rice"
          10 06 2055 at 88 Ecu/t (erga omnes). ID
      -   Tari ÇÇ rate quota 21.000 tons of oats
          10 04 0050 at 89 Ecu/t (erga omnes).
          11 ) The management of this quota will include allocation to traditional suppliers.
                                                                                              A
 ---pagebreak--- The Australian Government accepts the basic components ol the European Community's
approach lo adjusting the (JATT obligations of EC 12 and those of Austria, Sweden and
T inland, following the recent enlargement of Ihc Community
     - netting out ol export commitments
     - netting out of tariff quotas
     - aggregation of domestic support commitments.
      The appropriate legal modalities of implementation remain to be agreed.
C. final provisions:
     This Agreement shall enter into force on the date of signature.
    Consultations will be held with regard to the matters in this Agreement at any time at
    the request of either party.
 Signed at                 this           day of December in the year one thousand nine
 hundred and ninety-five.
 For Australia
 Tor the Council of the European Union
                                                                                           ^
 ---pagebreak--- Exchange of letter;
format : I wo duplicate letters
Dear
I have the honour lo confirm the following understanding reached between the
delegations of Australia and the European Community.
        To settle the current WTC) Article XXIV.6 negotiations on agriculture the
        following has been agreed and as regards the tariff rate quotas will apply with
        effect from I January 1996 :
                 Add 2.000 tons to the allocation for Australia under the EC tariff rate
                 quota for "high quality" beef.
                 Add 1.150 tons to the allocation for Australia under the EC tariff rate
                 quota for shcepmeat.
                 Add 750 tons to the allocation for Australia under the EC tariff rate quota
                 for cheddar.
                 Tariff rate quota 63.000 tons of "semi-milled and wholly milled rice"
                  10 06 3000 at 0 Ecu/t (erga omnes).')
                 Tariff rate quota 20.000 tons of "husked (brown) rice"
                  10 06 2055 at 88 Ecu/t (erga omnes).1»
                  Tariff rate quota 21.000 tons of oats
                  10 04 0050 at 89 Ecu/t (erga omnes).
         The Australian Government accepts the basic components of the European
        Community's approach to adjusting the GATT obligations of EC 12 and those of
         Austria, Sweden and Tinland, following the recent enlargement of the
         Community.
                  netting out of export commitments
                  netting out of tariff quotas
                  aggregation of domestic support commitments.
         The appropriate legal modalities of implementation remain to be agreed.
         Australia and the European Community agree to review in the first quarter of
         1996 the particular functioning of the "representative price" system for cereals as
         it affects Australian exports of high quality wheat to the EC.
 '» The management of this quota will include allocation to traditional suppliers.
                                                                                             G>
 ---pagebreak--- 3. Wine.
   A i j s t ra. lianj J.api taUIiiy S1 IP w A wax\b
   Both sides agreed that:
               the EC recognizes, in accordance with Article 15 of Regulation (EEC) No
                3201/90, the Australian Wine Show Awards by publishing the
               organisations in question in the "C" series of the Official Journal of the
                EC. This recognition excludes any use of Community names, protected
                by virtue of the EC/Australia Wine Agreement, as class descriptors of the
                awards;
                Australia shall ensure that the show organisers will amend their rules so
                that where a class description consisting of or containing a name listed in
                Article 8 of the Wine Agreement, i.e. "Sherry class", "Port class", is used
                to describe and/or present wines, including advertising, no reference shall
                be made to the fact that the award concerned has been recognised by the
                European Community.
   Other pending issues should be addressed and resolved in the framework of the
   Wine Agreement without delay.
   I have the honour to propose that this letter and your letter in reply will constitute
   an agreement between our two authorities.
                                                                                            7
 ---pagebreak--- Side letter : EC, Australia
 The European Community confirms that it does not intend to include in its new schedule
live horses or shccpmcat as products that can benefit from export subsidies listed in the
Agreement on Agriculture.
 The European Community and Australia will resume, in the first quarter of 1996,
discussions on outstanding issues under the Wine Agreement, and will work to resolve
these issues as quickly as possible.
 The management of the IRQ for 63.000 tons of milled rice and the TRO lor 20.000 tons
of husked (brown) rice will include allocation lo traditional suppliers based on their
exports to Austria, Sweden and Tinland.
 The specifications for the TRQ for 21.000 tons of milling oats are as follows :
        a minimum test weight of 55 kg per hectolitre
        a maximum moisture level of 12 percent
         a maximum admixture (EG foreign seeds) of 2 percent.
                                                                                          5
 ---pagebreak---                                        AGREEMENT
                TOR  mi;   CONCLUSION     Ol- NT:GO H A    TioNs    BT:TWT:I.N
                      CHILE AND TUT; EUROPEAN COMMUNITY
                                  UNDER ARTICLE XXIV:6
Chile and the European Community,
   desiring to bring their Ci ATT Article XXI V:6 negotiations to conclusion on the basis
    of a reasonable and mutually satisfactory compromise, and
    further desiring to strengthen the close partnership in commercial and economic
    matters between the European Community and Chile,
agree to the lollowing provisions:
A. The European Community shall incorporate in its new Schedule CLX, for the
    customs territory of the EC-15, the concessions that were included in the previous
    Schedule LXXX as modified by the European Community Schedule annexed to the
    Marrakech Protocol to the General Agreement, 1994 (dated 15 April 1994).
B. To settle the current GATT Article XXIV:6 negotiations on agriculture the following
    has been agreed and will apply with effect from 1 January 1996:
    -     08081099 Fresh apples (1/4-31/7): reduction of the final tariff rate by 50% (from
          3% to 1.5%).
     -    08082033 Fresh pears (1/4-30/4 and 1-15/7): reduction of the final tariff rate by
          50% (from 2.5% to 1.3%).
     -    08133000 Dried apples: reduction of the final tariff rate by 50% (from 6.4% to
          3.2%).
     -    08134092 Other dried fruit: reduction of the final tariff rate by 50% ( from 4.8% to
          2.4%).
     -    Add 1.510 tons to the allocation for Chile under the EC tariff rate quota for
          sheepmeat.
      Chile accepts the basic components of the European Community's approach to
      adjusting the obligations of the EC of 12 and those of Austria, Finland and Sweden
      following the recent enlargement of the Community:
          netting out of export commitments
      -   netting out of tariff quotas
      -   aggregation of domestic support commitments.
 'The appropriate legal modalities of implementation remain to be agreed.
                                                                                               °f
 ---pagebreak--- ( '. The following has also been agreed :
      2 Ml 20 00 Tishmeal : reduction in the tariff rale to zero
D. final provisions:
      This Agreement shall enter into force on the date of signature
     Consultations will be held with regard to the matters in this Agreement al any time at
     the request ol either party.
 Signed at                  this           day of December in the year one thousand nine
 hundred and ninety-five.
  r
   or Chile
 For the Council of the European Union
                                                                                            ^>
 ---pagebreak---                                  NEGOTIATIONS BETWEEN
                      JAPAN AND THE EUROPEAN COMMUNITY
                                  UNDER ARTICLE XXIV:6
The delegations of Japan and the European Community,
    desiring to bring their GA I " r a d i c l e XXIV:6 negotiations to conclusion on the basis
     of a reasonable and mutually satisfactory compromise, and
     further desiring to strengthen the close partnership in commercial and economic
     matters between the European Community and Japan,
have achieved a solution as described below :
I.   Market access concessions:
A. The European Community shall incorporate in its new Schedule CLX, for the
     customs territory of the EC-15, the concessions that were included in the previous
     Schedule LXXX as modified by the European Community Schedule annexed to the
      Marrakech Protocol to the General Agreement, 1994 (dated 15 April 1994).
B. As provided in Annex A to this Agreement, the European Community shall reduce
     and bind tariffs effective I January 1996 except as noted, shall open tariff quotas as
      indicated, and shall accelerate the staging of Uruguay Round tariff concessions.
C. Improvements granted to third countries in European Community Article XXIV.6
      negotiations shall also be applied to Japan.
 II. Agriculture:
 A. The basic components of the European Community's approach to adjusting the
      obligations of the EC of 12 and those of Austria, Finland and Sweden following the
      recent enlargement of the Community will be as follows :
       - netting out of export commitments
       - netting out of tariff quotas
       - aggregation of domestic support commitments.
  The appropriate legal modalities of implementation remain to be agreed.
                                                                                                ^
 ---pagebreak--- B. The following tariff reduction will lake effect from I January 1996
    1209 91 90 : Other vegetable seeds (other than Kohlrabi).
                 Reduction in the duly rate from 4% to 3%.
Signed at                this    "y,,    day ol December in the year one thousand nine
hundred and ninety-five.
For the Delegation ol Japan
Tor the Delegation ol the European Community
                                                                                       ^2
 ---pagebreak--- ANMLXA
1.  "Ihe European Community will accelerate the Uruguay Round reductions due to take
    place in 1997 10 I si January 1996 for all non-agricultural products (fish and industrial)
    except lor those which are separately listed in Annex I lo 111 to the Council
    Regulation providing!^ the implementation of tariff reductions resulting from Article
    XXI V:6 negotiations following the accession of Austria, Finland and Sweden.
2.   Ihe reductions listed in Annex I to HI will be implemented in the following manner:
a)  From 1 January 1996 the conventional rales of duty for the products listed in Annex
     1 shall he those indicated in column 3 of that Annex
b)  From 1 January 1996 the autonomous and conventional rates of duty for the products
     listed in Annex II shall he those indicated in column 3 and column 4 respectively of
    dial Annex.
c)  For the products listed in Section 1 of Annex HI the conventional rates of duty
     applicable on 1 January 1996 shall be those indicated in column 3.
     For the products listed in Section 2 of Annex III the conventional rates of duty shall
     he progressively reduced in accordance with the timetable contained in column 3.
     For the products listed in Section 3 of Annex III and within the limit of the quantities
     indicated in column 3, the conventional rates of duty applicable on 1 January 1996
     shall be those indicated in column 4.
                                                                                               <<n
 ---pagebreak---                                        AGREEMENT
              FOR THE CONCLUSION OF NEGOTIATIONS BETWEEN
               NEW ZEALAND AND THE EUROPEAN COMMUNITY
                               UNDER ARTICLE XXIV6
New Zealand and the European Community,
   desiring to bring their GATT Article XXIV:6 negotiations to conclusion on the basis
   of a reasonable and mutually satisfactory compromise, and
   further desiring to strengthen the close partnership in commercial and economic
   matters between the European Community and New Zealand,
agree to the following provisions:
A. The European Community shall incorporate in its new Schedule CLX, for the customs
   territory of the EC-15, the concessions that were included in the previous Schedule
   LXXX as modified by the European Community Schedule annexed to the Marrakech
    Protocol to the General Agreement, 1994 (dated 15 April 1994).
B. To settle the current GATT Article XXIV.6 negotiations on agriculture the following
     has been agreed and as regards the tariff rate quotas will apply with effect from 1
    January 1996 :
     - Add 1.700 tons to the allocation for New Zealand under the EC tariff rate quota
        for sheepmeat
     - Add 1.000 tons to the allocation for New Zealand under the EC tariff rate quota
           for cheese for processing.
     - Add 500 tons to the allocation for Mew Zealand under the EC tariff rate quota for
        cheddar.
     - Tariff rate quota 300 tons of high quality beef at 20% (to be defined).
     - ex 0810 90 10 Kiwifruit, 15 May - 15 November :
           reduction of the final tariff rate from 8 8% to 8.0%.
        - reduction by 0.8 percentage points of the tariff rate at each stage prior to the
          final tariff rate. The first such reduction shall apply from 15 May 1996.
     - New Zealand accepts the basic components of the European Community's
        approach to adjusting the GATT obligations of EC 12 and those of Austria,
         Sweden and Finland, following the recent enlargement of the Community:
      - netting out of export commitments
      - netting out of tariff quotas
      - aggregation of domestic support commitments.
      The appropriate legal modalities of implementation remain to be agreed.
                                                                                           ^4
 ---pagebreak--- ( '. The lollowing has also been agreed :
        ex 03 04 20 W> fro/en fillets of fish of the species smooth oreo dory and black
            oreodory (( )reosomatidae)
         Tariff quota of 200 tonnes at zero duty.
I) final provisions:
      I his Agreement shall enter into force on the date of signature.
     Consultations will be held with regard to the matters in this Agreement at any time at
     the request of either party.
 Signed at                   this           day of December in the year one thousand nine
 hundred and ninety-live.
 For New Zealand
 For the Council of the European Union
                                                                                            -7f
 ---pagebreak---                                       AGREEMENT
              FOR I Hi; CONCLUSION Ol- NEGOTIATIONS HI I WEI N
        1 HI- KINGDOM Ol ; THAILAND AND T i l l ; EUROPEAN COMMUNII Y
                                UNDER ARTICLE XXIV.6
The Kingdom of Thailand and the European Community,
    desiring to bring their GATT Article XXI V:6 negotiations to conclusion on the basis
    of a reasonable and mutually satisfactory compromise, and
    further desiring lo strengthen the close partnership in commercial and economic
    matters between the European Community and Thailand,
agree lo the following provisions:
A. The European Community shall incorporate in its new Schedule CLX, lor the
    customs territory of the EC-15, the concessions that were included in the previous
    Schedule LXXX as modified by the European Community Schedule annexed to the
    Marrakech Protocol to the General Agreement, 1994 (dated 15 April 1994).
IL To settle the current G A I T Article XXIV:6 negotiations on agriculture the following
     has been agreed :
  - Bound tariff rate quota 63.000 t. of semi milled and wholly milled rice
     10 06 30 00 at zero duty (erga omnes) with effect form 1 Janaury 1996.
  - Bound tariff rale quota 20.000 t. of "husked (brown) rice"
     10 06 20 55 at 88 Ecu/t. (erga omnes) with effect from 1 January 1996.
    The Kingdom of Thailand accepts the basic components of the European
    Community's approach to adjusting the obligations of the EC of 12 and those of
    Austria, Finland and Sweden following the recent enlargement ol the Community:
    - netting out of export commitments
    - netting out of tariff quotas
    - aggregation of domestic support commitments.
The appropriate legal modalities of implementation remain to be agreed.
                                                                                          /)(s
 ---pagebreak--- t . Final provisions :
     I his Agreement shall enter into force on the date of signature.
    Consultations will be held with regard to the matters in this Agreement at any time at
    the request of either party.
Signed at                  this     o-    day of December in the year one thousand nine
hundred and ninety-live.
 For the Kingdom of Thailand
 For the Council of the European Union
                                                                                           J
 ---pagebreak--- Technical Annex
The basis of the understandings arrived al are listed below:
•   Milled or semi-milled rice (1006 30 00)
      IRQ 63,000 I. (Thailand 19,505 l. » 10%)
•   Husked rice (1006 20 55)
      IRQ 20,000 t. (Thailand 1,647 t. < 10%)
To the extent that the Kingdom of Thailand is a beneficiary under each of the TRQ's
above, the European Community import licences will be issued automatically within the
agreed limits on the basis of export certilicates issued by the Government of Thailand.
                                                                                        /
 ---pagebreak---                                    FINANCIAL STATEMENT
Section I.     Financial Implications
1.     Proposal for a Council Regulation providing for offers of compensation made in
       the Article XXI V:6 Negotiations to be implemented from 1 January 1996.
2.     Budget heading:          (loss of revenue: not known).
3.     Legal basis:             Article 113 and 28
4.     Description: The application of the Common External Tariff duty rates by the
       three new Member States from I January 1995 has resulted in increases in duty
       payments on imports from third countries beyond levels previously in force.
       The proposed regulation is intended to implement Ihc compensation offered for
       the adverse effects experienced by third countries as a result of changed duty rates
       in the three new Member States.
5.     Type of re venue:         Loss of revenue for duties paid on third country imports.
6.     Change in level of revenue:
       It is estimated that the maximum loss of revenue will be in the order of 20 MECU
       in the period 1996 until final UR rates are reached. This figure is adjusted in
       order to take into account the fact that no revenue loss occurs 1 ) where imports
       enter al lower duty rales applied under GSP; and, 2) where imports enter duty-free
       under already established temporary suspensions.
PM. Sections 2 and 3 do not seem applicable.
                                                                                            h
 ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(95) 736 final
                                              DOCUMENTS
EN                                                                            11
                                    Catalogue number : CB-C0-95-766-EN-C
                                                             ISBN 92-77-98735-9
Office for Official Publications of the European Communities
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