CELEX: 51990PC0060
Language: en
Date: 1990-02-14
Title: PROPOSAL FOR A COUNCIL DECISION CONCERNING THE CONCLUSION OF THE PROTOCOL OF ACCESSION OF COSTA RICA TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE

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)
 ---pagebreak---  ---pagebreak---                                                                  (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
 ---pagebreak---                                    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.
                                Article 2
The President of the Council is hereby authorized to designate the
person empowered to sign the Protocol in order to bind the Community
Done at Brussels,                        For the Council
                                         The President
 ---pagebreak---                     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
 referred   to in paragraph 31 of document L/6589 when in excess of levels
 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.
 ---pagebreak--- 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.
6.    (a) In each case in which paragraph 1 of Article II of the General
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
 ---pagebreak--- 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)
                                                     /
 ---pagebreak---                           IMPACT SUR LES P.M.E
Cette proposition n'a aucun Impact direct sur les P.M.E
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                               COM (90) 60 final
                                                      DOCUMENTS
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                                 Catalogue number : CB-CO-90-077-EN-C
                                                             ISBN 92-77-57505-0
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