CELEX: 22005A0701(01)
Language: en
Date: 2005-07-01 00:00:00
Title: Agreement in the form of an Exchange of Letters between the European Community and the United States of America relating to the method of calculation of applied duties for husked rice

1.7.2005         EN                             Official Journal of the European Union                                L 170/69
                              AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS
         between the European Community and the United States of America relating to the method of
                                          calculation of applied duties for husked rice
                                                A. Letter from the European Community
         Sir,
         Following negotiations between the European Community (EC) and the United States of America, the EC
         agrees to the conclusions as outlined below.
              Applied rate of duty for certain husked rice (CN code 1006 20)
          1. The EC shall apply a rate of duty for certain husked rice in accordance with paragraphs 2 to 7.
          2. Annual reference import level
              (a) First marketing year: in the first marketing year within the scope of this agreement (1 September
                  2004 to 31 August 2005), the annual reference import level shall be calculated as the average
                  volume of total husked rice imports entering the EC-25 from all origins in the marketing years
                  1 September 1999-31 August 2000, 1 September 2000-31 August 2001, and 1 September 2001-
                  31 August 2002, less imports of Basmati husked rice into the EC-25, plus 10 % (i.e. 431 678 MT).
              (b) Increase in subsequent marketing years: for each marketing year 2005/06, 2006/07 and 2007/08,
                  the annual reference import level shall be increased by 6 000 MT/year from the level of the
                  previous marketing year. No later than 90 days before the end of the marketing year
                  1 September 2007, to 31 August 2008, both parties shall enter into consultations on the
                  annual increase for subsequent marketing years, taking into account the developments in the
                  EC’s rice market notably as regards the evolution of consumption, and shall agree on the annual
                  increase no later than 31 August 2008.
          3. Six-month reference import level: in each marketing year, a six-month reference import level shall be
              calculated as 50 percent of the annual reference import level calculated in paragraph 2 above, which in
              the first marketing year would be 215 839 MT.
          4. Mid-year adjustment to applied tariff rate: within 10 days after the end of the first six months of each
              marketing year, the EC shall review and, if necessary, adjust the applied tariff rate as follows:
              (a) if actual husked rice imports for the just-completed six-month period are more than 15 percent
                  below the six-month reference import level for that period, as calculated under paragraph 3 above
                  (i.e., for the first marketing year less than 183 463 MT), the EC shall apply a tariff rate of
                  EUR 30/MT;
              (b) if actual husked rice imports for the just-completed six-month period are more than 15 percent
                  above the six-month reference import level for that period, as calculated under paragraph 3 above
                  (i.e., for the first marketing year more than 248 215 MT), the EC shall apply a tariff rate of
                  EUR 65/MT;
              (c) if actual husked rice imports for the just-completed six-month period are within 15 percent
                  (inclusive) of the six-month reference import level for that period, as calculated under paragraph
                  3 above (i.e., for the first marketing year between 183 463 and 248 215 MT), the applied rate shall
                  be EUR 42,5/MT.
 ---pagebreak--- L 170/70         EN                            Official Journal of the European Union                                    1.7.2005
             For purposes of (a) through (c) above, actual husked rice imports are all imports entering the EC-25
             from all origins under the CN codes 1006 20 less imports of Basmati husked rice into the EC-25.
          5. End-of-year adjustment to applied tariff rate: within 10 days after the end of the marketing year, the EC
             shall review and, if necessary, adjust the applied tariff rate as follows:
             (a) if actual husked rice imports for the just-completed marketing year are more than 15 percent below
                  the annual reference import level for that twelve-month period, as calculated under paragraph 2
                  above (i.e., for the first marketing year less than 366 926 MT), the EC shall apply a tariff rate of
                  EUR 30/MT;
             (b) if actual husked rice imports for the just-completed marketing year are more than 15 percent above
                  the annual reference import level for that twelve-month period, as calculated under paragraph 2
                  above (i.e., for the first marketing year more than 496 430 MT), the EC shall apply a tariff rate of
                  EUR 65/MT;
             (c) if actual husked rice imports for the just-completed marketing year are within 15 percent (inclusive)
                  of the annual reference import level for that twelve-month period, as calculated under paragraph 2
                  above (i.e., for the first marketing year between 366 926 and 496 430 MT), the EC shall apply a
                  tariff rate of EUR 42,5/MT.
             For purposes of (a) through (c) above, actual husked rice imports are all imports entering the EC-25
             from all origins under the CN codes 1006 20 less imports of Basmati husked rice into the EC-25.
          6. Data: The calculation of the annual and six-month actual import levels under paragraphs 4 and 5 above
             shall be determined using EC rice imports license data. The EC shall publish these data on the Internet
             on a weekly basis.
          7. Transparency: The EC shall promptly provide public notice of any adjustment in the applied tariff rate.
          8. Consultation: At the request of either party, the parties shall, within 30 days of the receipt of such a
             request, enter into consultations on matters covered by this agreement.
          9. If the parties are unable to resolve the issues subject to consultation within 30 days after receipt of the
             request, the United States may submit written notification to the EC that it intends to exercise any
             rights under Article XXVIII:3(a) of the GATT 1994 as provided in paragraph 10 below and the EC may
             submit written notification to the United States that it intends to withdraw from the present agreement
             as provided in paragraph 11 below.
         10. Extension of deadline for exercise of any rights under Article XXVIII of the GATT 1994:
             (a) The parties agree that the deadline for withdrawal of substantially equivalent concessions pursuant
                  to Article XXVIII:3(a) shall be considered to be extended. Accordingly, the United States may
                  exercise any right to withdraw substantially equivalent concessions under Article XXVIII:3(a) at
                  any time after the expiration of 30 days written notice to the EC of the U.S. intent to exercise
                  such rights, and the EC shall not assert that the United States is precluded from taking action
                  pursuant to Article XXVIII:3(a) on the ground that the action was untimely.
             (b) Notwithstanding (a) above, the United States shall not exercise any right to withdraw substantially
                  equivalent concessions unless it has requested consultations and provided notification pursuant to
                  paragraph 9 above. Should the EC withdraw from the agreement, the US shall be entitled to
                  exercise any applicable rights under Article XXVIII:3(a) with immediate effect.
 ---pagebreak--- 1.7.2005         EN                           Official Journal of the European Union                                   L 170/71
         11. The EC shall not withdraw from the present agreement unless it has requested consultations and
              provided notification pursuant to paragraph 9 above. The EC may withdraw from the agreement at
              any time after the expiration of 30 days from the notification referred to in paragraph 9. Should the
              United States withdraw concessions pursuant to paragraph 10 above, the EC shall be entitled to
              withdraw from the present agreement with immediate effect.
         12. Subject to the provisions of paragraph 10, this agreement is without prejudice to any right of the EC to
              challenge any withdrawal of concessions by the United States if it considers the withdrawal to be
              incompatible with Article XXVIII of the GATT 1994 or other relevant provisions of the WTO
              Agreement.
         13. The EC shall consult and cooperate with the United States to obtain the approval by the WTO General
              Council of the extension of the deadline for withdrawal of substantially equivalent concessions pursuant
              to Article XXVIII:3(a).
         14. This agreement shall be approved by the parties in accordance with their own procedures. The EC
              considers that this agreement shall not serve as a precedent for future Article XXVIII negotiations.
         15. The provisions of this agreement shall be applicable as from 1 March 2005. To this purpose, the EC
              shall put in place the necessary internal procedures in order to ensure the implementation of paragraph
              4 for husked rice imports entering in the period 1 March 2005 to 31 August 2005.
         I would be grateful if you could confirm the agreement of your Government to the above.
         Please accept, Sir, the assurance of my highest consideration.
                                                                         On behalf of the European Community
 ---pagebreak--- L 170/72         EN                           Official Journal of the European Union                                      1.7.2005
                                            B. Letter from the United States of America
         Sir,
         I have the honour to acknowledge receipt of your letter of today’s date, worded as follows:
              ‘Following negotiations between the European Community (EC) and the United States of America, the
              EC agrees to the conclusions as outlined below.
                   Applied rate of duty for certain husked rice (CN code 1006 20)
                1. The EC shall apply a rate of duty for certain husked rice in accordance with paragraphs 2 to 7.
                2. Annual reference import level
                   (a) First marketing year: in the first marketing year within the scope of this agreement
                       (1 September 2004 to 31 August 2005), the annual reference import level shall be calculated
                       as the average volume of total husked rice imports entering the EC-25 from all origins in the
                       marketing years 1 September 1999-31 August 2000, 1 September 2000-31 August 2001, and
                       1 September 2001-31 August 2002, less imports of Basmati husked rice into the EC-25, plus
                       10 % (i.e. 431 678 MT).
                   (b) Increase in subsequent marketing years: for each marketing year 2005/06, 2006/07 and
                       2007/08, the annual reference import level shall be increased by 6 000 MT/year from the
                       level of the previous marketing year. No later than 90 days before the end of the marketing
                       year 1 September 2007, to 31 August 2008, both parties shall enter into consultations on the
                       annual increase for subsequent marketing years, taking into account the developments in the
                       EC’s rice market notably as regards the evolution of consumption, and shall agree on the
                       annual increase no later than 31 August 2008.
                3. Six-month reference import level: in each marketing year, a six-month reference import level shall
                   be calculated as 50 percent of the annual reference import level calculated in paragraph 2 above,
                   which in the first marketing year would be 215 839 MT.
                4. Mid-year adjustment to applied tariff rate: within 10 days after the end of the first six months of
                   each marketing year, the EC shall review and, if necessary, adjust the applied tariff rate as follows:
                   (a) if actual husked rice imports for the just-completed six-month period are more than
                       15 percent below the six-month reference import level for that period, as calculated under
                       paragraph 3 above (i.e., for the first marketing year less than 183 463 MT), the EC shall apply
                       a tariff rate of EUR 30/MT;
                   (b) if actual husked rice imports for the just-completed six-month period are more than
                       15 percent above the six-month reference import level for that period, as calculated under
                       paragraph 3 above (i.e., for the first marketing year more than 248 215 MT), the EC shall
                       apply a tariff rate of EUR 65/MT;
                   (c) if actual husked rice imports for the just-completed six-month period are within 15 percent
                       (inclusive) of the six-month reference import level for that period, as calculated under
                       paragraph 3 above (i.e., for the first marketing year between 183 463 and 248 215 MT),
                       the applied rate shall be EUR 42,5/MT.
 ---pagebreak--- 1.7.2005   EN                            Official Journal of the European Union                                      L 170/73
             For purposes of (a) through (c) above, actual husked rice imports are all imports entering the
             EC-25 from all origins under the CN codes 1006 20 less imports of Basmati husked rice into the
             EC-25.
          5. End-of-year adjustment to applied tariff rate: within 10 days after the end of the marketing year,
             the EC shall review and, if necessary, adjust the applied tariff rate as follows:
             (a) if actual husked rice imports for the just-completed marketing year are more than 15 percent
                  below the annual reference import level for that twelve-month period, as calculated under
                  paragraph 2 above (i.e., for the first marketing year less than 366 926 MT), the EC shall apply
                  a tariff rate of EUR 30/MT;
             (b) if actual husked rice imports for the just-completed marketing year are more than 15 percent
                  above the annual reference import level for that twelve-month period, as calculated under
                  paragraph 2 above (i.e., for the first marketing year more than 496 430 MT), the EC shall
                  apply a tariff rate of EUR 65/MT;
             (c) if actual husked rice imports for the just-completed marketing year are within 15 percent
                  (inclusive) of the annual reference import level for that twelve-month period, as calculated
                  under paragraph 2 above (i.e., for the first marketing year between 366 926 and
                  496 430 MT), the EC shall apply a tariff rate of EUR 42,5/MT.
             For purposes of (a) through (c) above, actual husked rice imports are all imports entering the
             EC-25 from all origins under the CN codes 1006 20 less imports of Basmati husked rice into the
             EC-25.
          6. Data: The calculation of the annual and six-month actual import levels under paragraphs 4 and 5
             above shall be determined using EC rice imports license data. The EC shall publish these data on
             the Internet on a weekly basis.
          7. Transparency: The EC shall promptly provide public notice of any adjustment in the applied tariff
             rate.
          8. Consultation: At the request of either party, the parties shall, within 30 days of the receipt of such
             a request, enter into consultations on matters covered by this agreement.
          9. If the parties are unable to resolve the issues subject to consultation within 30 days after receipt of
             the request, the United States may submit written notification to the EC that it intends to exercise
             any rights under Article XXVIII:3(a) of the GATT 1994 as provided in paragraph 10 below and the
             EC may submit written notification to the United States that it intends to withdraw from the
             present agreement as provided in paragraph 11 below.
         10. Extension of deadline for exercise of any rights under Article XXVIII of the GATT 1994:
             (a) The parties agree that the deadline for withdrawal of substantially equivalent concessions
                  pursuant to Article XXVIII:3(a) shall be considered to be extended. Accordingly, the United
                  States may exercise any right to withdraw substantially equivalent concessions under Article
                  XXVIII:3(a) at any time after the expiration of 30 days written notice to the EC of the U.S.
                  intent to exercise such rights, and the EC shall not assert that the United States is precluded
                  from taking action pursuant to Article XXVIII:3(a) on the ground that the action was untimely.
             (b) Notwithstanding (a) above, the United States shall not exercise any right to withdraw substan-
                  tially equivalent concessions unless it has requested consultations and provided notification
                  pursuant to paragraph 9 above. Should the EC withdraw from the agreement, the US shall be
                  entitled to exercise any applicable rights under Article XXVIII:3(a) with immediate effect.
 ---pagebreak--- L 170/74        EN                           Official Journal of the European Union                                     1.7.2005
              11. The EC shall not withdraw from the present agreement unless it has requested consultations and
                   provided notification pursuant to paragraph 9 above. The EC may withdraw from the agreement at
                   any time after the expiration of 30 days from the notification referred to in paragraph 9. Should
                   the United States withdraw concessions pursuant to paragraph 10 above, the EC shall be entitled
                   to withdraw from the present agreement with immediate effect.
              12. Subject to the provisions of paragraph 10, this agreement is without prejudice to any right of the
                   EC to challenge any withdrawal of concessions by the United States if it considers the withdrawal
                   to be incompatible with Article XXVIII of the GATT 1994 or other relevant provisions of the
                   WTO Agreement.
              13. The EC shall consult and cooperate with the United States to obtain the approval by the WTO
                   General Council of the extension of the deadline for withdrawal of substantially equivalent
                   concessions pursuant to Article XXVIII:3(a).
              14. This agreement shall be approved by the parties in accordance with their own procedures. The EC
                   considers that this agreement shall not serve as a precedent for future Article XXVIII negotiations.
              15. The provisions of this agreement shall be applicable as from 1 March 2005. To this purpose, the
                   EC shall put in place the necessary internal procedures in order to ensure the implementation of
                   paragraph 4 for husked rice imports entering in the period 1 March 2005 to 31 August 2005’.
         The United States of America has the honour of confirming its agreement with the content of this letter.
         Please accept, Sir, the assurance of my highest consideration.
                                                                      On behalf of the United States of America