WORLD TRADE ORGANIZATION
MINISTERIAL CONFERENCE
Fourth Session
Doha, 9 - 14 November 2001 |
WT/MIN(01)/15
14 November 2001
(01-5786) |
EUROPEAN COMMUNITIES – THE ACP-EC PARTNERSHIP AGREEMENT
Decision of
14 November 2001
The Ministerial Conference,
Having regard to paragraphs 1 and 3 of Article IX of the Marrakech
Agreement Establishing the World Trade Organisation (the "WTO
Agreement"), the Guiding Principles to be followed in considering
applications for waivers adopted on 1 November 1956 (BISD 5S/25), the
Understanding in Respect to Waivers of Obligations under the General
Agreement on Tariffs and Trade 1994, paragraph 3 of Article IX of the
WTO Agreement, and Decision-Making Procedures under Articles IX and XII
of the WTO Agreement agreed by the General Council (WT/L/93);
Taking note of the request of the European Communities (EC) and of the
Governments of the ACP States which are also WTO members (hereinafter
also the “Parties to the Agreement”) for a waiver from the obligations
of the European Communities under paragraph 1 of Article I of the
General Agreement with respect to the granting of preferential tariff
treatment for products originating in ACP States as required by Article
36.3, Annex V and its Protocols of the ACP-EC Partnership Agreement
(hereinafter also referred to as “the Agreement”)1;
Considering that, in the field of trade, the provisions of the ACP-EC
Partnership Agreement requires preferential tariff treatment by the EC
of exports of products originating in the ACP States;
Considering that the Agreement is aimed at improving the standard of
living and economic development of the ACP States, including the least
developed among them;
Considering also that the preferential tariff treatment for products
originating in ACP States as required by Article 36.3, Annex V and its
Protocols of the Agreement is designed to promote the expansion of trade
and economic development of beneficiaries in a manner consistent with
the objectives of the WTO and with the trade, financial and development
needs of the beneficiaries and not to raise undue barriers or to create
undue difficulties for the trade of other members;
Considering that the Agreement establishes a preparatory period
extending until 31 December 2007, by the end of which new trading
arrangements shall be concluded between the Parties to the Agreement;
Considering that the trade provisions of the Agreement have been applied
since 1 March 2000 on the basis of transitional measures adopted by the ACP-EC joint institutions;
Noting the assurances given by the Parties to the Agreement that they
will, upon request, promptly enter into consultations with any
interested member with respect to any difficulty or matter that may
arise as a result of the implementation of the preferential tariff
treatment for products originating in ACP States as required by Article
36.3, Annex V and its Protocols of the Agreement;
Noting that the tariff applied to bananas imported in the "A" and "B"
quotas shall not exceed 75 €/tonne until the entry into force of the new
EC tariff-only regime.
Noting that the implementation of the preferential tariff treatment for
bananas may be affected as a result of GATT Article XXVIII negotiations;
Noting the assurances from the Parties to the Agreement that any
re-binding of the EC tariff on bananas under the relevant GATT Article
XXVIII procedures should result in at least maintaining total market
access for MFN banana suppliers and their willingness to accept a
multilateral control on the implementation of this commitment.
Considering that, in light of the foregoing, the exceptional
circumstances justifying a waiver from paragraph 1 of Article I of the
General Agreement exist;
Decides as follows:
1. Subject to the terms and conditions set out hereunder, Article I,
paragraph 1 of the General Agreement shall be waived, until 31 December
2007, to the extent necessary to permit the European Communities to
provide preferential tariff treatment for products originating in ACP
States as required by Article 36.3, Annex V and its Protocols of the ACP-EC
Partnership Agreement2, without being required to extend the same
preferential treatment to like products of any other member.
2. The Parties to the Agreement shall promptly notify the General
Council of any changes in the preferential tariff treatment to products
originating in ACP States as required by the relevant provisions of the
Agreement covered by this waiver.
3. The Parties to the Agreement will, upon request, promptly enter into
consultations with any interested member with respect to any difficulty
or matter that may arise as a result of the implementation of the
preferential tariff treatment for products originating in ACP States as
required by Article 36.3, Annex V and its Protocols of the Agreement;
where a member considers that any benefit accruing to it under the
General Agreement may be or is being impaired unduly as a result of such
implementation, such consultations shall examine the possibility of
action for a satisfactory adjustment of the matter.
3bis With respect to bananas, the additional provisions in the Annex
shall apply.
4. Any member which considers that the preferential tariff treatment for
products originating in ACP States as required by Article 36.3, Annex V
and its Protocols of the Agreement is being applied inconsistently with
this waiver or that any benefit accruing to it under the General
Agreement may be or is being impaired unduly as a result of the
implementation of the preferential tariff treatment for products
originating in ACP States as required by Article 36.3, Annex V and its
Protocols of the Agreement and that consultations have proved
unsatisfactory, may bring the matter before the General Council, which
will examine it promptly and will formulate any recommendations that
they judge appropriate.
5. The Parties to the Agreement will submit to the General Council an
annual report on the implementation of the preferential tariff treatment
for products originating in ACP States as required by Article 36.3,
Annex V and its Protocols of the Agreement.
6. This waiver shall not preclude the right of affected members to have
recourse to Articles XXII and XXIII of the General Agreement.
ANNEX
The waiver would apply for ACP products under the Cotonou Agreement
until 31 December 2007. In the case of bananas, the waiver will also
apply until 31 December 2007, subject to the following, which is without
prejudice to rights and obligations under Article XXVIII.
- The parties to the Cotonou Agreement will initiate consultations with
Members exporting to the EU on a MFN basis (interested parties) early
enough to finalize the process of consultations under the procedures
hereby established at least three months before the entry into force of
the new EC tariff only regime.
- No later than 10 days after the conclusion of Article XXVIII
negotiations, interested parties will be informed of the EC intentions
concerning the rebinding of the EC tariff on bananas. In the course of
such consultations, the EC will provide information on the methodology
used for such rebinding. In this regard, all EC WTO market-access
commitments relating to bananas should be taken into account.
- Within 60 days of such an announcement, any such interested party may
request arbitration.
- The arbitrator shall be appointed within 10 days, following the
request subject to agreement between the two parties, failing which the
arbitrator shall be appointed by the Director-General of the WTO,
following consultations with the parties, within 30 days of the
arbitration request. The mandate of the arbitrator shall be to
determine, within 90 days of his appointment, whether the envisaged
rebinding of the EC tariff on bananas would result in at least
maintaining total market access for MFN banana suppliers, taking into
account the above-mentioned EC commitments.
- If the arbitrator determines that the rebinding would not result in at
least maintaining total market access for MFN suppliers, the EC shall
rectify the matter. Within 10 days of the notification of the
arbitration award to the General Council, the EC will enter into
consultations with those interested parties that requested the
arbitration. In the absence of a mutually satisfactory solution, the
same arbitrator will be asked to determine, within 30 days of the new
arbitration request, whether the EC has rectified the matter. The second
arbitration award will be notified to the General Council. If the EC has
failed to rectify the matter, this waiver shall cease to apply to
bananas upon entry into force of the new EC tariff regime. The Article
XXVIII negotiations and the arbitration procedures shall be concluded
before the entry into force of the new EC tariff only regime on 1
January 2006.
1 As contained in documents G/C/W/187,
G/C/W/204, G/C/W/254 and G/C/W/269).
2 Any reference to the Partnership
Agreement in this Decision shall also include the period during which
the trade provisions of this Agreement are applied on the basis of
transitional measures adopted by the ACP-EC joint institutions.
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