CELEX: 51989PC0535
Language: en
Date: 1989-10-31
Title: PROPOSAL FOR A COUNCIL DECISION CONCERNING THE CONCLUSION OF THE PROTOCOL OF ACCESSION OF BOLIVIA TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE

COMMISSION OF THE EUROPEAN COMMUNITIES
                                               COMC89) 535 final
                                               Brussels, 31 October 1989
                         Proposal for a
                        COUNCIL DECISION
      concerning the Conclusion of the Protocol of Accession
                             of Bolivia
           to the Genera» Agreeaent on Tariffs and Trade
                  (prtttnttd by the Commission)
 ---pagebreak---                                    EXPLANATORY MEMORANDUM
1. On 10 July 1987 Bolivia declared its intention to accede to the
   GATT. The Working Party, established to examine the request,
   submitted to the GATT Council of 21 July 1989 a recommendation to
   accept the request and a Protocol of Accession, setting out the
   conditions under which Bolivia accedes to the GATT. The council
   adopted both texts and consequently opened the voting procedure for
   Bolivia's accession according to Article XXXIII.
2. During bilateral negotiations with the Community Bolivia agreed to
   bind its tariff across the board at a ceiling of 40%. This level
   compares favourably with ceiling bindings in other developing
   countries such as Mexico and Colombia. In view of Bolivia's
   commitments under the Cartagena Agreement, Bolivia has the
   possibility of suspending the 40% ceiling bindings on a limited
   number of products if it has to implement the Common External
   Tariff under this Agreement. However, this suspension would be only
   for three years and if the 40% ceiling binding was not restored
   Bolivia could be required to undertake negotiations under Article
   XXVIII:3(a). Bolivia also agreed to grant the Community Initial
   negotiating rights for a number of products that are of export
   interest to the Community.
3. After obtaining a favourable opinion from the Article 113
   Committee, the Commission has agreed to the results of the
   bilateral trade negotiations with Bolivia in the context of the
    letter's accession to the GATT.
4. On the 3 August 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 Bolivia, the Contracting Parties and the European
   Economic Community.
   The Protocol should thus be signed on behalf of the Community.
                                                                             %
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 ---pagebreak---                              COUNCIL DECISION
         concerning the Conclusion of the Protocol of Accession
                                of Bol(via
              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 Bolivia 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 Bolivia 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 BOLIVIA
                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 Bolivia (hereinafter
referred to as "Bolivia"),
     Having regard to the results of the negotiations         directed   towards
the accession of Bolivia to the General Agreement,
     Have through their representatives agreed as follows:
                               PART I - GENERAL
1.   Bolivia shall, upon entry into force of this Protocol pursuant to
paragraph 6, 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 Bolivia shall, except as otherwise provided in
this Protocol, 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 or otherwise modified by such instruments as may have become
effective on the day on which Bolivia becomes a contracting party.
      (b)    In   each   case    in   which  paragraph    6   of    Article   V,
sub-paragraph 4(d) of Article VII. and sub-paragraph 3(c) of Article X
of the General Agreement refer to that Agreement, the applicable date
in respect of Bolivia shall be the date of this Protocol.
                              PART II - SCHEDULE
3.   The schedule in the Annex shall, upon the entry into force               of
this Protocol, become a schedule to the General Agreement relating            to
Bolivia.
                                                                                 k
 ---pagebreak---                                           - 2-
4.   (a)    In each case in which paragraph 1 of Article II of the
General Agreement refers to the date of the 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 Protocol.
     (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 - FIKAL PROVISIONS
5.   This Protocol shall be deposited with the Director-General to the
CONTRACTING PARTIES.      It shall be open for signature by Bolivia until
31 January 1990.     It shall also be open for signature by contracting
parties and by the European Economic Community.
6.   This Protocol      shall    enter    into   force on      the thirtieth    day
following the day upon which it shall have been signed by Bolivia.
7.   Bolivia,    having     become    a   contracting    party    to  the   General
Agreement pursuant 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
following 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 4 of Article XXVI thereof.
8.   Bolivia may withdraw its provisional application of the General
Agreement prior to its accession thereto pursuant to paragraph 7 and
such withdrawal shall take effect on the sixtieth day following the
day    on    which    written      notice    thereof     is    received    by   the
Director-General.
9.   The Director-General shall promptly furnish a certified copy of
this Protocol and a notification of each signature thereto, pursuant
to paragraph 5 to each contracting party, to the European Economic
Community, to Bolivia and to each government which shall have acceded
provisionally to the General Agreement.
10. This     Protocol     shall    be   registered    in    accordance   with   the
provisions of Article 102 of the Charter of the United Nations.
     Done at Geneva this third day of August one thousnd 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 LXXXIV    -   Bolivia
           (The Schedule may be consulted in the GATT Secretariat in Geneva)
                                                                                    *>
 ---pagebreak---  ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(89) 535 final
                                                      DOCUMENTS
EN                                                                         11 02
                                Catalogue number : CB-CO-89-490-EN-C
                                                             ISBN 92-77-54202-0
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