Agreement establishing the World Trade Organization:bijlage 4

Agreement establishing the World Trade Organization

Annex 4 Plurilateral Trade Agreements

Geldend

Documentgegevens:

Geldend vanaf 01-01-1995

Redactionele toelichting: De Internationale Overeenkomst inzake zuivelprodukten en de Internationale Overeenkomst inzake rundvlees zijn niet gepubliceerd in het Tractatenblad. Deze bijlage is gecorrigeerd via een rectificatie (Trb. 1995, 130).
Bronpublicatie:: 15-04-1994, Trb. 1994, 235 (uitgifte: 11-11-1994, kamerstukken/regelingnummer: -)
Inwerkingtreding: 01-01-1995
Bronpublicatie inwerkingtreding:: 19-07-1995, Trb. 1995, 130 (uitgifte: 19-07-1995, kamerstukken/regelingnummer: -)
Vakgebied(en): Ondernemingsrecht / Economische ordening
Internationaal publiekrecht / Bijzondere onderwerpen

Agreement on Trade in Civil Aircraft

This Agreement has been included as Agreement on Trade in Civil Aircraft.

Agreement on Government Procurement

This Agreement has been included as Agreement on Government Procurement.

International Dairy Agreement

The Parties to this Agreement,

Recognizing the importance of milk and dairy products to the economy of many countries 1.in terms of production, trade and consumption;

Recognizing the need, in the mutual interests of producers and consumers, and of exporters and importers, to avoid surpluses and shortages, and to maintain prices at an equitable level;

Noting the diversity and interdependence of dairy products;

Noting the situation in the dairy products market, which is characterized by very wide fluctuations and the proliferation of export and import measures;

Considering that improved cooperation in the dairy products sector contributes to the attainment of the objectives of expansion and liberalization of world trade, and the implementation of the principles and objectives concerning developing countries agreed upon in the Tokyo Declaration of Ministers dated 14 September 1973;

Determined to respect the principles and objectives of the General Agreement on Tariffs and Trade 1994 2.and, in carrying out the aims of this Agreement, effectively to implement the principles and objectives agreed upon in the said Tokyo Declaration;

Hereby agree as follows:

Article I. Objectives

The objectives of this Agreement shall be, in accordance with the principles and objectives agreed upon in the Tokyo Declaration of Ministers dated 14 September 1973,

—: to achieve the expansion and ever greater liberalization of world trade in dairy products under market conditions as stable as possible, on the basis of mutual benefit to exporting and importing countries;
—: to further the economic and social development of developing countries.

Article II. Product Coverage

1

This Agreement applies to the dairy products sector. For the purpose of this Agreement, the term ‘dairy products’ is deemed to include the following products, as defined in the Harmonized Commodity Description and Coding System (‘Harmonized System’) established by the Customs Cooperation Council 3.:

HS Code
04.01.10-30	Milk and cream, not concentrated nor containing added sugar or other sweetening matter
04.02.10-99	Milk and cream, concentrated or containing added sugar or other sweetening matter
04.03.10-90	Buttermilk, curdled milk and cream, yogurt, kephir and other fermented or acidified milk and cream, whether or not concentrated or containing added sugar or other sweetening matter or flavoured or containing added fruit or cocoa
04.04.10-90	Whey, whether or not concentrated or containing added sugar or other sweetening matter; products consisting of natural milk constituents, whether or not containing added sugar or other sweetening matter, not elsewhere specified or included
04.05.00	Butter and other fats and oils derived from milk
04.06.10-90	Cheese and curd
35.01.10	Casein

2

The International Dairy Council, established under paragraph 1 a) of Article VII (hereinafter referred to as ‘the Council’), may decide that the Agreement is to apply to other products in which dairy products referred to in paragraph 1 have been incorporated, if it deems their inclusion necessary for the implementation of the objectives and provisions of this Agreement.

Article III. Information and Market Monitoring

1

Each Party shall provide regularly and promptly to the Council the information required to permit the Council to monitor and assess the overall situation of the world market for dairy products and the world market situation for each individual dairy product.

2

Developing country Parties shall furnish the information available to them. In order that these Parties may improve their data collection mechanisms, developed Parties, and any developing Parties able to do so, shall consider sympathetically any request to them for technical assistance.

3

The information that the Parties undertake to provide pursuant to paragraph 1, according to the modalities that the Council shall establish, shall include data on past performance, current situation and outlook regarding production, consumption, prices, stocks and trade, including transactions other than normal commercial transactions, in respect of the products referred to in Article II, and any other information deemed necessary by the Council. Parties shall also provide information on their domestic policies and trade measures, and on their bilateral, plurilateral or multilateral commitments, in the dairy sector and shall make known, as early as possible, any changes in such policies and measures that are likely to affect international trade in dairy products. The provisions of this paragraph shall not require any Party to disclose confidential information which would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular enterprises, public or private.

4

The Secretariat of the World Trade Organization hereinafter referred to as ‘the Secretariat’), shall draw up, and keep up to date, an inventory of all measures affecting trade in dairy products, including commitments resulting from bilateral, plurilateral and multilateral negotiations.

Article IV. Functions of the International Dairy Council and Cooperation between the Parties

1

The Council shall meet in order to:

a): make an evaluation of the situation in and outlook for the world market for dairy products, on the basis of a status report prepared by the Secretariat with the documentation furnished by Parties in accordance with Article III, information arising from the operation of the Annex to this Agreement on Certain Milk Products (hereinafter referred to as ‘the Annex’) and any other information available to the Secretariat;
b): review the functioning of this Agreement.

2

If after an evaluation of the world market situation and outlook, referred to in paragraph 1a), the Council finds that a serious market disequilibrium, or threat of such a disequilibrium, which affects or may affect international trade, is developing for dairy products in general or for one or more products, the Council will proceed to identify, taking particular account of the situation of developing countries, possible solutions for consideration by governments.

3

4

When considering measures that could be taken pursuant to paragraphs 2 and 3, due account shall be taken of the special and more favourable treatment to be provided for developing countries, where this is feasible and appropriate.

5

Any Party may raise before the Council any matter 4.affecting this Agreement, inter alia, for the same purposes provided for in paragraph 2. Each Party shall promptly afford adeuate[lees: adequate] opportunity for consultation regarding such matter affecting this Agreement.

6

If the matter affects the application of the specific provisions of the Annex, any Party which considers that its trade interests are being seriously threatened and which is unable to reach a mutually satisfactory solution with the other Party or Parties concerned may request the Chairman of the Committee established under paragraph 2a) of Article VII, to convene a special meeting of the Committee on an urgent basis so as to determine as rapidly as possible, and within four working days if requested, any measures which may be required to meet the situation. If a satisfactory solution cannot be reached, the Council shall, at the request of the Chairman of the Committee, meet within a period of not more than fifteen days to consider the matter with a view to facilitating a satisfactory solution.

Article V. Food Aid and Transactions other than Normal Commercial Transactions

1

The Parties agree:

a): In cooperation with FAO and other interested organizations, to foster recognition of the value of dairy products in improving nutritional levels and of ways and means through which they may be made available for the benefit of developing countries.
b): In accordance with the objectives of this Agreement, to furnish, within the limits of their possibilities, dairy products by way of food aid. Parties should notify the Council in advance each year, as far as practicable, of the scale, quantities and destinations of their proposed contributions of such food aid. Parties should also give, if possible, prior notification to the Council of any proposed amendments to the notified food-aid contributions. It is understood that contributions could be made bilaterally or through joint projects or through multilateral programmes, particularly the World Food Programme.
c): Recognizing the desirability of harmonizing their efforts in this field, as well as the need to avoid harmful interference with normal patterns of production, consumption and international trade, to exchange views in the Council on their arrangements for the supply and requirements of dairy products as food aid or on concessional terms.

2

Donated exports, exports destined for relief purposes or welfare purposes, and other transactions which are not normal commercial transactions shall be effected in accordance with Article 10 of the Agreement on Agriculture. The Council shall cooperate closely with the FAO Consultative Sub-Committee on Surplus Disposal.

3

The Council shall, in accordance with conditions and modalities that it will establish, upon request, discuss and consult on all transactions other than normal commercial transactions and other than those covered by the Agreement on Subsidies and Countervailing Measures.

Article VI. Annex

Without prejudice to the provisions of Articles I to V, the products listed below shall be subject to the provisions of the Annex:

Milk powder and cream powder, excluding whey powder

Milk fat

Certain cheeses

Article VII. Administration

1. International Dairy Council

a)

An International Dairy Council shall be established within the framework of the World Trade Organization (hereinafter referred to as the ‘WTO’). The Council shall comprise representatives of all Parties to the Agreement and shall carry out all the functions which are necessary to implement the provisions of the Agreement. The Council shall be serviced by the Secretariat. The Council shall establish its own rules of procedure. The Council may, as appropriate, establish subsidiary working groups or other bodies.

b) Regular and special meetings

The Council shall normally meet as appropriate, but not less than twice each year. The Chairman may call a special meeting of the Council either on his own initiative, at the request of the Committee established under paragraph 2a), or at the request of a Party to this Agreement.

c) Decisions

The Council shall reach its decisions by consensus. The Council shall be deemed to have decided on a matter submitted for its consideration if no member of the Council formally objects to the acceptance of a proposal.

d) Cooperation with other organizations

The Council shall make whatever arrangements are appropriate for consultation or cooperation with intergovernmental and non-governmental organizations.

e) Admission of observers

i): The Council may invite any non-Party government to be represented at any, meeting as an observer and may determine rules on the rights and obligations of observers, in particular with respect to the provision of information.
ii): The Council may also invite any of the organizations referred to in paragraph 1d) to attend any meeting as an observer.

2. Committee on Certain Milk Products

a)

The Council shall establish a Committee on Certain Milk Products (hereinafter referred to as ‘the Committee’) to carry out all the functions which are necessary to implement the provisions of the Annex. This Committee shall comprise representatives of all Parties. The Committee shall be serviced by the Secretariat. It shall report to the Council on the exercise of its functions.

b) Examination of the market situation

The Council shall make the necessary arrangements, determining the modalities for the information to be furnished under Article III, so that the Committee may keep under constant review the situation in and the evolution of the international market for the products covered by the Annex, and the conditions under which the provisions of the Annex are applied by Parties, taking into account the evolution of prices in international trade in each of the other dairy products having implications for the trade in products covered by the Annex.

c) Regular and special meetings

The Committee shall normally meet once each quarter. However, the Chairman of the Committee may call a special meeting of the Committee on his own initiative or at the request of any Party.

d) Decisions

The Committee shall reach its decisions by consensus. The Committee shall be deemed to have decided on a matter submitted for its consideration if no member of the Committee formally objects to the acceptance of a proposal.

Article VIII. Final Provisions

1. Acceptance

a)

This Agreement is open for acceptance, by signature or otherwise, by any State or separate customs territory possessing full autonomy in the conduct of its external commercial relations and of the other matters provided for in the Agreement Establishing the WTO (hereinafter referred to as the ‘WTO Agreement’), and by the European Communities.

b)

Any government 5.accepting this Agreement may at the time of its acceptance make a reservation with regard to the application of the Annex with respect to any product(s) specified therein. Reservations may not be entered in respect of any of the provisions of the Annex without the consent of the other Parties.

c)

Acceptance of this Agreement shall carry denunciation of the International Dairy Arrangement done at Geneva on 12 April 1979, which entered into force on 1 January 1980, for Parties having accepted that Arrangement. Such denunciation shall take effect on the date of entry into force of this Agreement for that Party.

2. Entry into force

a)

This Agreement shall enter into force, for those Parties having accepted it, on the date of entry into force of the WTO Agreement. For Parties accepting this Agreement after that date, it shall be effective from the date of their acceptance.

b)

The validity of contracts entered into before the date of entry into force of this Agreement shall not be affected by this Agreement.

3. Validity

This Agreement shall remain in force for three years. The duration of this Agreement shall be extended for further periods of three years at a time, unless the Council, at least eighty days prior to each date of expiry, decides otherwise.

4. Amendment

Except where provision for modification is made elsewhere in this Agreement, the Council may recommend an amendment to the provisions of this Agreement. The proposed amendment shall enter into force upon acceptance by all Parties.

5. Relationship between the Agreement and the Annex and Attachments

The following shall be deemed to be an integral part of this Agreement, subject to the provisions of paragraph 1b):

—: the Annex mentioned in Article VI;
—: the lists of reference points mentioned in Article 2 of the Annex and contained in Attachment A;
—: the schedules of price differentials according to milk fat content mentioned in paragraph 4 of Article 3 of the Annex and contained in Attachment B;
—: the register of processes and control measures referred to in paragraph 5 of Article 3 of the Annex and contained in Attachment C.

6. Relationship between the Agreement and Other Agreements

Nothing in this Agreement shall affect the rights and obligations of Parties under the General Agreement on Tariffs and Trade and the WTO Agreement. 6.

7. Withdrawal

a)

Any Party may withdraw from this Agreement. Such withdrawal shall take effect upon the expiration of 60 days from the date on which written notice of withdrawal is received by the Director-General of the WTO.

b)

Subject to such conditions as may be agreed upon by the Parties, any Party may withdraw its acceptance of the application of the provisions of the Annex with respect to any product(s) specified therein. Such withdrawal shall take effect upon the expiration of 60 days from the date on which written notice of withdrawal is received by the Director-General of the WTO.

8. Deposit

Until the entry into force of the WTO Agreement, the text of this Agreement shall be deposited with the Director-General to the CONTRACTING PARTIES to GATT who shall promptly furnish a certified copy thereof and a notification of each acceptance thereof to each Party. The texts of this Agreement in the English, French and Spanish languages shall all be equally authentic. This Agreement, and any amendments thereto, shall, upon the entry into force of the WTO Agreement, be deposited with the Director-General of the WTO.

9. Registration

This Agreement shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.

DONE at Marrakesh this fifteenth day of April nineteen hundred and ninety-four.

Annex on Certain Milk Products

Article 1. Product Coverage

1

This Annex applies to:

a): milk powder and cream powder falling under HS heading Nos. 04.02.10-99 and 04.03.10-90;
b): milk fat falling under HS heading No. 04.05.00, having a milk fat content equal to or greater than 50 per cent by weight; and
c): cheeses falling under HS heading No. 04.06.10-90, having a fat content in dry matter, by weight, equal to or more than 45 per cent and a dry matter content, by weight, equal to or more than 50 per cent.

2. Field of application

For each Party, this Annex is applicable to exports of the products specified in paragraph 1 manufactured or repacked inside its own customs territory.

Article 2. Pilot Products

The minimum export prices established under Article 3 shall be established with respect to the pilot products of the following specifications:

a): Designation: Skimmed milkpowder
Milk fat content: less than or equal to 1.5 per cent by weight
Water content: less than or equal to 5 per cent by weight
b): Designation: Whole milk powder
Milk fat content: 26 per cent by weight
Water content: less than or equal to 5 per cent by weight
c): Designation: Buttermilk powder7.
Milk fat content: less than or equal to 11 per cent by weight
Water content: less than or equal to 5 per cent by weight
d): Designation: Anhydrous milk fat
Milk fat content: 99.5 per cent by weight
e): Designation: Butter
Milk fat content: 80 per cent by weight
f): Designation: Cheese

Packaging

In packages normally used in the trade, of a net content by weight of not less than 25 kgs. or 50 lbs., except for cheese, of 20 kgs. or 40 lIbs., respectively, as appropriate.

Terms of sale:

F.o.b. from the exporting Party or free-at-frontier exporting Party.

By derogation from this provision, reference points for the Parties listed in Attachment A may be as provided therein.

Prompt payment against documents.

Article 3. Minimum Prices

1. Level and observance of minimum prices

Each Party shall take the steps necessary to ensure that the export prices of the products defined in Article 2 shall not be less than the minimum prices applicable under this Annex. If the products are exported in the form of goods in which they have been incorporated, Parties shall take the steps necessary to avoid circumvention of the price provisions of this Annex.

2

a)

The minimum price levels set out in this Article take account, in particular, of the current market situation, dairy prices in producing Parties, the need to ensure an appropriate relationship between the minimum prices established in the Annex, the need to ensure equitable prices to consumers, and the desirability of maintaining a minimum return to the most efficient producers in order to ensure stability of supply over the longer term.

b)

The minimum prices provided for in paragraph 1 applicable at the date of entry into force of this Agreement are fixed at:

i): US$ 1,200 per metric ton for the skimmed milk powder defined in Article 2a);
ii): US$ 1,250 per metric ton for the whole milk powder defined in Article 2b);
iii): US$ 1,200 per metric ton for the buttermilk powder defined in Article 2c);
iv): US$ 1,625 per metric ton for the anhydrous milk fat defined in Article 2d);
v): US$ 1,350 per metric ton for the butter defined in Article 2e);
vi): US$ 1,500 per metric ton for the cheese defined in Article 2f).

3

a)

The levels of the minimum prices specified in this Article may be modified by the Committee, taking into account, on the one hand, the results of the operation of the Almex and, on the other hand, the evolution of the situation of the international market.

b)

The levels of the minimum prices specified in this Article shall be subject to review at least once a year by the Committee. In undertaking this review the Committee shall take account in particular, to the extent relevant and necessary, of costs faced by producers, other relevant economic factors of the world market, the need to maintain a long-term minimum return to the most economic producers, the need to maintain stabil ity of supply and to ensure acceptable prices to consumers, and the current market situation and shall have regard to the desirability of improving the relationship between the levels of the minimum prices set out in paragraph 2b) and the dairy support levels in the major producing Parties.

4. Adjustment of minimum prices

If the products actually exported differ from the pilot products in respect of the fat content, packaging or terms of sale, the minimum prices shall be adjusted so as to protect the minimum prices established in this Annex for the products specified in Article 2 of this Annex, according to the following provisions:

Milk fat content:

Milk powders. If the milk fat content of the milk powders falling under Article 1a), excluding buttermilk powder 8.), differs from the milk fat content of the pilot products as specified in Article 2a) and Article 2b), then for each full percentage point of milk fat as from 2 per cent, the minimum price shall be adjusted in proportion to the difference between the minimum prices in force for the pilot products as specified in Article 2a) and Article 2b). 9.

Milkfats. If the milk fat content of the milk fat falling under Article 1b) differs from the milk fat content of the pilot products as specified in Article 2d) or Article 2e) then, if the milk fat content is equal to or greater than 82 per cent or less than 80 per cent, the minimum price of this product shall be, for each full percentage point by which the milk fat content is more than or less than 80 per cent, increased or reduced in proportion to the difference between the minimum prices in force for the pilot products as specified in Article 2d) or Article 2e), respectively.

Packaging:

If the products are offered otherwise than in packages normally used in the trade, of a net content by weight of not less than 25 kgs. or 50 Ibs., or for cheese, of not less than 20 kgs. or 40 Ibs., respectively, as appropriate, the minimum prices shall be adjusted so as to reflect the difference in the cost of packaging relative to the cost of the type of package specified above.

Terms of sale:

If sold on terms other than f.o.b. from the exporting Party or free-at-frontier exporting Party 10., the minimum prices shall be calculated on the basis of the minimum f.o.b. prices specified in paragraph 2b), plus the real and justified costs of the services provided; if the terms of the sale include credit, this shall be charged for at the prevailing commercial rates in the exporting Party concerned.

5. Exports and imports of skimmed milk powder and buttermilk powder for purposes of animal feed

By derogation from the provisions of paragraphs 1 to 4, a Party may, under the conditions defined below, export or import, as the case may be, skimmed milk powder and buttermilk powder for purposes of animal feed at prices below the minimum prices provided for in this Annex for these products. A Party may make use of this possibility only to the extent that it ensures that the products exported or imported are subjected to the processes and control measures which will be applied in the country of export or destination so as to ensure that the skimmed milk powder and buttermilk powder thus exported or imported are used exclusively for animal feed. These processes and control measures shall have been approved by the Committee and recorded in a register established by it. 11.A Party wishing to make use of the provisions of this paragraph shall give advance notification of its intention to do so to the Committee which shall meet, at the request of any Party, to examine the market situation. The Parties shall furnish the necessary information concerning their transactions in respect of skimmed milk powder and buttermilk powder for purposes of animal feed, so that the Committee may follow developments in this sector and periodically make forecasts concerning the evolution of this trade.

6. Special conditions of sales

Parties undertake, within the limit of their institutional possibilities, to ensure that practices such as those referred to in Article 4 do not have the effect of directly or indirectly bringing the export prices of the products subject to the minimum price provisions below the agreed minimum prices.

7. Transactions other than normal commercial transactions

The provisions of paragraphs 1 to 6 shall not be regarded as applying to donated exports or to exports destined for relief purposes or food-related development purposes or welfare purposes, provided these have been notified to the Council as provided for in Article V of the Agreement.

Article 4. Provision of Information

In cases where prices in international trade of the products covered by Article 1 are approaching the minimum prices mentioned in paragraph 2b) of Article 3, and without prejudice to the provisions of Article III of the Agreement, Parties shall notify to the Committee all the relevant elements for evaluating their own market situation and, in particular, credit or loan practices, twinning with other products, barter or three-sided transactions, refunds or rebates, exclusivity contracts, packaging costs and details of the packaging, so that the Committee can make a verification.

Article 5. Obligations of Exporting Parties

Exporting Parties agree to use their best endeavours, in accordance with their institutional possibilities, to supply on a priority basis the normal commercial requirements of developing importing Parties, especially those used for food-related development purposes and welfare purposes.

Article 6. Cooperation of Importing Parties

1

Parties which import products covered by Article 1 undertake in particular:

a): to cooperate in implementing the minimum price objective of this Annex and to ensure, as far as possible, that the products covered by Article 1 are not imported at less than the appropriate customs valuation equivalent to the prescribed minimum prices;
b): without prejudice to the provisions of Article III of the Agreement and Article 4 of this Annex, to supply information concerning imports of products covered by Article 1 from non-Parties;
c): to consider sympathetically proposals for appropriate remedial action if imports at prices inconsistent with the minimum prices threaten the operation of this Annex.

2

Paragraph 1 shall not apply to imports of skimmed milk powder and buttermilk powder for purposes of animal feed, provided that such imports are subject to the measures and procedures provided for in paragraph 5 of Article 3.

Article 7. Derogations

1

Upon request by a Party, the Committee shall have the authority to grant derogations from the provisions of paragraphs 1 to 5 of Article 3 in order to remedy difficulties which observance of minimum prices could cause certain Parties. The Committee shall take a decision on such a request within three months from the date of the request.

2

The provisions of paragraphs 1 to 4 of Article 3 shall not apply to exports, in exceptional circumstances, of small quantities of natural unprocessed cheese which would be below normal export quality as a result of deterioration or production faults. Parties exporting such cheese shall notify the Secretariat in advance of their intention to do so. Parties shall also notify the Committee quarterly of all sales of cheese effected under this provision, specifying in respect of each transaction the quantities, prices and destinations involved.

Article 8. Emergency Action

Any Party which considers that its interests are seriously endangered by a country not bound by this Annex can request the Chairman of the Committee to convene an emergency meeting of the Committee within two working days to determine and decide whether measures would be required to meet the situation. If such a meeting cannot be arranged within the two working days and the commercial interests of the Party concerned are likely to be materially prejudiced, that Party may take unilateral action to safeguard its position, on the condition that any other Parties likely to be affected are immediately notified. The Chairman of the Committee shall also be formally advised immediately of the full circumstances of the case and shall call a special meeting of the Committee at the earliest possible moment.

Attachment A. List of Reference Points

In accordance with the provisions of Article 2 of this Annex, the following reference points are designated for the countries listed below. The Committee established in paragraph 2a) of Article VII of this Agreement may modify the contents of this Attachment as appropriate.

Finland:	Antwerp, Hamburg, Rotterdam
	Basle: for butter exports to Switzerland
Norway:	Antwerp, Hamburg, Rotterdam
Sweden:	Antwerp, Hamburg, Rotterdam
	Basle: for butter exports to Switzerland
Poland:	Antwerp, Hamburg, Rotterdam

Attachment B. Schedule of Price Differentials According to Milk Fat Content

Milk Fat Content					Minimum Price
(per cent)					US$ per metric ton
Less than 2					1,200 Skimmed milk powder
Equal to or more than		2, less than 3			1,202
‘	‘	3	‘	4	1,204
‘	‘	4	‘	5	1,206
‘	‘	5	‘	6	1,208
‘	‘	6	‘	7	1,210
‘	‘	7	‘	8	1,212
‘	‘	8	‘	9	1,214
‘	‘	9	‘	10	1,216
‘	‘	10	‘	11	1,218
‘	‘	11	‘	12	1,220
‘	‘	12	‘	13	1,222
‘	‘	13	‘	14	1,224
‘	‘	14	‘	15	1,226
‘	‘	15	‘	16	1,228
‘	‘	16	‘	17	1,230
‘	‘	17	‘	18	1,232
‘	‘	18	‘	19	1,234
‘	‘	19	‘	20	1,236
‘	‘	20	‘	21	1,238
‘	‘	21	‘	22	1,240
‘	‘	22	‘	23	1,242
‘	‘	23	‘	24	1,244
‘	‘	24	‘	25	1,246
‘	‘	25	‘	26	1,248
‘	‘	26	‘	27	1,250 Whole milk powder
‘	‘	27	‘	28	1,252
Equal to or more than …, less than …
‘	‘	79	‘	80	1,336.25
‘	‘	80	‘	82	1,350.00 Butter
‘	‘	82	‘	83	1,377.50
‘	‘	83	‘	84	1,391.25
‘	‘	84	‘	85	1,405.00
‘	‘	85	‘	86	1,418.75
‘	‘	86	‘	87	1,432.50
‘	‘	87	‘	88	1,446.25
‘	‘	88	‘	89	1,460.00
‘	‘	89	‘	90	1,473.75
‘	‘	90	‘	91	1,487.50
‘	‘	91	‘	92	1,501.25
‘	‘	92	‘	93	1,515.00
‘	‘	93	‘	94	1,528.75
‘	‘	94	‘	95	1,542.50
‘	‘	95	‘	96	1,556.25
‘	‘	96	‘	97	1,570.00
‘	‘	97	‘	98	1,583.75
‘	‘	98	‘	99	1,597.50
‘	‘	99	‘	99,5	1,611.25
‘	‘	99,5			1,625.00 Anhydrous milk fat

Attachment C. Register of Processes and Control Measures — Milk Powders

In accordance with the provisions of paragraph 5 Article 3 of this Annex, the following processes and control measures are approved for the Parties listed below. The Committee established in paragraph 2a) of Article VII of the Agreement may modify the contents of this Attachment as appropriate.

Page
Australia	19
Canada	21
European Communities	23
Finland	25
Hungary	27
Japan	33
New Zealand	34
Norway	36
Poland	38
Switzerland	40

Australia

Skimmed milk powder 12.) may be exported from the customs territory of Australia to third countries:

A.

Either, after the competent Australian authorities have ensured that the skimmed milk powder has been denatured according to any one of the following processes:

1.

By the addition, per 100 kgs. of skimmed milk powder, of 2.5 kgs. of lucerne meal or grass meal, containing not less than 70 per cent of particles not exceeding 300 microns, uniformly distributed throughout the mixture.

2.

By the addition of finely milled alfalfa flour (98 per cent to pass mesh 60, equivalent to 50 United States standard), in a proportion of 2 to 4 parts per 100 and of phenolphthalein in a proportion of 1:20,000 (1 gr. per 20 kgs. of milk).

3.

By the addition, in the proportion of 20 per 100 by weight of the product treated (80 per 100 by weight of milk powder and 20 per cent of the denaturing agent) of a mixture composed of 80 per cent bran and 20 per cent potato flour, rice flour or other common starch (at least 10 per cent to pass mesh 60, equivalent to 50 United States standard), with phenolphthalein in the proportion of 1:20,000.

4.

By the addition of, for each 100 kgs. of skimmed milk powder, a minimum of 35 kgs. of undeodorized fish meal and 200 grs. of carbonate of iron or sulphate of iron and

a): 1.5 kgs. of activated carbon;
b): or 100 grs. of mixture composed of four fifths of yellow tartrazine (E 102) and one fifth of patent blue V (E 131);
c): or 20 grs. of cochineal red A (E 124);
d): or 40 grs. of patent blue V (E 131).

5.

By the addition of, for each 100 kgs. of skimmed milk powder, a minimum of 40 kgs. of undeodorized fish meal and 300 grs. of carbonate of iron or sulphate of iron.

6.

By the addition of, for each 100 kgs. of skimmed milk powder, a minimum of 4.5 kgs. of fish oil or fish liver oil and 300 grs. of carbonate of iron or sulphate of iron.

The fish meal noted in processes 4 and 5 must contain at least 25 per cent of particles with dimension below 80 microns. In processes 4, 5 and 6, the iron salts have to contain at least 30 per cent of particles of a size lower than 80 microns. The colouring matters have to contain the following percentages of the pure product:

—: at least 30 per cent for cochineal red A (E 124);
—: at least 25 per cent for the other colouring matters: colouring matters have to contain at least 30 per cent of particles having a size lower than 80 microns: the acidity of fish oil calculated in oleic acid has to be equal to at least 10 per cent.

The products added to skimmed milk powder, according to processes 4, 5 and 6 have to be uniformly distributed as regards in particular the activated carbon, the iron salts and the colouring matters: two samples of 50 grs. each, taken at random in a lot of 25 kgs ., must give by chemical determination the same results within the limits of errors admitted by the analysis method used.

7.

Dye to be added to liquid skimmed milk before drying at the rate of 2 to 3 ozs. per 100 gallons of milk (12.5 to 18.7 grs. per hectolitre). The dye to be one of the following colours:

English Standard Index Nos.
Lissamine Green			44.090, 42.095, 44.025
Tartrazine			19.140
	Combined with
	a)	Brilliant blue F.C.F.
		or	42.090
	b)	Green B.S.	44.090
Cochineal			77.289
Brilliant blue/F.C.F.			42.090

8.

By the addition of meat and bone meal in a proportion of 2 to 4 parts of skimmed milk powder.

The bags or containers in which the denatured powder is packed will be labelled ‘For Animal Feed Only’.

B.

Or, after its incorporation in compound or mixed stockfoods of a kind falling within item 23.09 of the Harmonized System.

Canada

1

2

By the addition, in the proportion of 20 per 100 by weight of the product treated (80 per 100 by weight of milk powder and 20 per 100 of the denaturing agent) of a mixture composed of 80 per cent bran and 20 per cent potato flour, rice flour or other common starch (at least 10 per cent to pass mesh 60, equivalent to 50 United States standard) with phenolphthalein in the proportion of 1:20,000.

3

By the addition of, for each 100 kgs. of skimmed milk powder, a minimum of 35 kgs. of undeodorized fish meal and 200 grs. of carbonate of iron or sulphate of iron and

a): 1.5 kgs. of activated carbon;
b): or 100 grs. of mixture composed of four fifths of yellow tartrazine (E 102) and one fifth of patent blue V (E 131);
c): or 20 grs. of cochineal red A (E 124);
d): or 40 grs. of patent blue V (E 131).

4

By the addition of, for each 100 kgs. of skimmed milk powder a minimum of 40 kgs. of undeodorized fish meal and 300 grs. of carbonate of iron or sulphate of iron.

5

By the addition of, for each 100 kgs. of skimmed milk powder, a minimum of 4.5 kgs. of fish oil or fish liver oil and 300 grs. of carbonate of iron or sulphate of iron.

The fish meal noted in processes 3 and 4 must contain at least 25 per cent of particles with dimension below 80 microns. In processes 3, 4 and 5, the iron salts have to contain at least 30 per cent of particles of a size lower than 80 microns. The colouring matters have to contain the following percentages of the pure product:

—: at least 30 per cent for cochineal red A (E 124);
—: at least 25 per cent for the other colouring matters: colouring matters have to contain at least 30 per cent of particles having a size lower than 80 microns; the acidity of fish oil calculated in oleic acid has to be equal to at least 10 per cent.

The products added to skimmed milk powder, according to processes 3, 4 and 5, have to be uniformly distributed as regards in particular the activated carbon, the iron salts and the colouring matters; two samples of 50 grs. each, taken at random in a lot of 25 kgs., must give by chemical determination the same results within the limits of errors admitted by the analysis method used.

6

By the addition of dye to liquid skimmed milk before drying at the rate of 2 to 3 ounces per 100 gallons of milk (12.5 to 18.7 grs. per hectolitre).

Dye to be one of the following colours:

English Standard Index Nos.
Lissamine green			44.090, 42.095, 44.025
Tartrazine			19.140
	combined with:
	i)	Brilliant blue F.C.F.
		or	42.090
	ii)	Green B.S.	44.090
Cochineal			77.289
Brilliant blue/F.C.F.			42.090

7

By the addition of meat and bone meal in a proportion of 2:4 parts of skimmed milk powder.

8

The bags or containers in which the denatured powder is packed will be labelled ‘For Animal Feed Only’.

9

Incorporation of skimmed milk powder in compound or mixed stockfoods of a kind falling within item 23.09 of the Harmonized System.

European Communities

Skimmed milk powder 13.for use as animal feed may be exported to third countries:

a)

either after being denatured in the customs territory of the Community in accordance with Article 2:1 of Regulation (EEC) No. 1725/ 79 14., as last amended by Regulation (EEC) No. 3411 /93 15.:

‘Skimmed milk powder shall be denatured by the addition, per 100 kgs. of skimmed milk powder, of either:

method A:

i): 9 kgs. of lucerne meal or grass meal containing at least 50 per cent (m/m) of particles not exceeding 300 microns: and
ii): 2 kgs. of starch or puffed starch.

uniformly distributed in the mixture;

or:

method B:

i): 5 kgs. of lucerne meal or grass meal containing at least 50 per cent (m/m) of particles not exceeding 300 microns; and
ii): 12 kgs. of fish meal, non-deodorized or with a strong smell, containing at least 30 per cent (m/m) of particles not exceeding 300 microns; and
iii): 2 kgs. of starch or puffed starch,

uniformly distributed in the mixture;

b)

or after being incorporated in ‘preparations of a kind used for animal feeding’, falling within sub-heading ex 23.09.10 and ex 23.09.90 of the common customs tariff, containing skimmed milk powder;

c)

or after being dyed by the following dyeing process:

The dyeing is to be by means of the colouring matters identified by the Colour Index numbers — most recent edition — and the designations indicated hereunder.

These colouring matters:

—: are to be used alone or in combination, in the form or very fine impalpable powder and
—: are to be uniformly distributed in the skimmed milk powder
—: in minimum quantities of 200 grs./100 kgs.

Designation of colouring matters
C.l. No.	Designation
19140		Tartrazine 16.
42090		Brilliant blue F.C.F.
42095		Lissarnine[lees: Lissamine] green
44090	E 142	Green B.S., Lissamine green
74260		Pigment green 7
77289		Cochineal

Finland

Skimmed milk powder 12.may be exported from the customs territory of Finland to third countries:

A.

Either, after the competent Finnish authorities have ensured that the skimmed milk powder has been denatured according to any one of the following processes:

1.

2.

By the addition of finely milled alfalfa flour (98 per cent to pass mesh 60, equivalent to 50 United States standard), in a proportion of 2 to 4 parts per 100 and of phenolphthalein in proportion of 1:20,000 (1 gr. per 20 kgs. of milk).

3.

4.

By the addition of, for each 100 kgs. of skimmed milk powder, a minimum of 35 kgs. of undeodorized fish meal and 200 grs. of carbonate of iron or sulphate of iron and:

a): 1.5 kgs. of activated carbon;
b): or 100 grs. of mixture composed of four fifths of yellow tartrazine (E 102) and one fifth of patent blue V (E 131);
c): or 20 grs. of cochineal red A (E 124);
d): or 40 grs. of patent blue V (E 131).

5.

By the addition of, for each 100 kgs. of skimmed milk powder, a minimum of 40 kgs. of undeodorized fish meal and 300 grs. of carbonate of iron or sulphate of iron.

6.

By the addition of, for each 100 kgs. of skimmed milk powder, a minimum of 4.5 kgs. of fish oil or fish liver oil and 300 grs. of carbonate of iron or sulphate of iron.

—: at least 30 per cent for cochineal red A (E 124);
—: at least 25 per cent for the other colouring matters: colouring matters have to contain at least 30 per cent of particles having a size lower than 80 microns; the acidity of fish oil calculated in oleic acid has to be equal to at least 10 per cent.

The products added to skimmed milk powder, according to processes 4, 5 and 6 have to be uniformly distributed as regards in particular the activated carbon, the iron salts and the colouring matters; two samples of 50 grs. each, taken at random in a lot of 25 kgs., must give by chemical determination the same results within the limits of errors admitted by the analysis method used.

7.

Dye to be added to liquid skimmed milk before drying at the rate of 2 to 3 ozs. per 100 gallons of milk (12.5 to 18.7 grs. per hectolitre). The dye to be one of the following colours:

English Standard Index Nos.
Lissamine green			44.090, 42.095, 44.025
Tartrazine			19.140
	Combined with:
	a)	Brilliant blue F.C.F.
		or	42.090
	b)	Green B.S.	44.090
Cochineal			77.289
Brilliant blue/F.C.F.			42.090

8.

By the addition of meat and bone meal in a proportion of 2 to 4 parts of skimmed milk powder.

The bags or containers in which the denatured powder is packed will be labelled ‘For Animal Feed Only’.

B.

Or, after its incorporation in compound or mixed stockfoods of a kind falling within item 23.09 of the Harmonized System.

Hungary

Directive No. 14/1981/KkE 14/KKM of the Minister of Foreign Trade

On the implementation of Decree No. 36/1980./3.IX./MT on the promulgation of the International Dairy Arrangement, done at Geneva on 12 April 1979.

By virtue of powers conferred by the provisions of Section 3 of Decree No. 36/1980.13 .IX/MT on the promulgation of the International Dairy Arrangement (hereinafter: the Arrangement) — the following are decreed:

Section 1

When importing or exporting products enumerated in Annexes I–III of the Arrangement, the provisions for minimum prices contained in the Annexes should be applied by the company authorized to carry on foreign trade activity, in determining the contents of the foreign trade contract.

Section 2

The company authorized to carry on foreign trade activity will be directly informed of modifications effected in the minimum prices according to paragraph 3 a) of Article 3 of Annex I of the Arrangement.

Section 3

Skimmed milk powder and buttermilk powder, denatured or otherwise made unfit for human consumption, for purposes of animal feed, may be imported also at prices below the minimum price.

Section 4

1.: Skimmed milk powder and buttermilk powder, not denatured or otherwise made unfit for human consumption, can be imported at prices below the minimum price for purposes of animal feed only. Skimmed milk powder imported at prices below the minimum price must be denatured or otherwise made unfit for human consumption after customs clearance, before consumption.
2.: Denaturing or otherwise making unfit for human consumption can be effected by adding meat, bone, blood, fish, lucerne (alfalfa), soya or other fodder meals, or fats of animal and vegetable origin, or any other procedure which results in the forage falling under Tariff No. 23.09 of the Trade Customs Tariff.
3.: Customs clearance for home use of the dutiable goods specified in paragraph 1 above can be initiated only at the customs office regionally competent according to the premises of the company which carries out denaturing, mixing, or preparation for purposes of animal feed. The person presenting the customs declaration should indicate that the purchase was effected below the minimum price, and should declare that the dutiable goods will be used for purposes of animal feed only.
4.: In the case of a declaration according to paragraph 3 above, the dutiable goods will be classified by the customs office in heading No. 04.02-03 of the Trade Customs Tariff (‘Powdered milk and cream, unfit for human consumption, whether or not denatured, not containing added sugar’); and in a clause inserted on the declaration form, the customs office stipulates that in accordance with the provisions of the present Directive, it is prohibited to use the goods before carrying out denaturing or otherwise making the goods unfit for human consumption.
5.: Denaturing or otherwise making the dairy products specified in paragraph 1 unfit for human consumption must be reported to the regionally competent customs office not alter than 10 days before starting the procedure, indicating at the same time the proportion of materials to be used, the way, place and time of the procedure. On the basis of this notification, denaturing is checked by the customs office on the premises of the company.
6.: If milk powder cleared at the customs with the obligation of denaturing or otherwise making it unfit for human consumption is used without fulfilling this obligation, the person concerned will be held responsible under the law on minor offences, or the criminal law, according to the specific case.

Section 5

This Directive comes into force on the day of its promulgation.

Appendix to the Hungarian Notification

In Hungary, skimmed milk powder used for animal feeding is denatured or made unfit for human consumption not in two, but only in one step because of practical reasons. The denaturing takes place right when mixing or preparing the animal feedstuff, according to the standards and methods here attached.

In Hungary the following methods should be applied to prepare animal feedstuff with the use of skimmed milk powder.

Methods to prepare feedstuff for pigs with skimmed milk powder:

1.No.21 - I - 101 - 24

Maize	21%
Barley	15%
Wheat	10%
Soya (48%)	20%
Fish meal	5.3%
Wheat bud	4%
Skimmed milk powder	12.2%
Mixture with 50% of industrial fat content	8%
MCP17.	1.1 %
CaCO₃	1.3%
Salt	0.4%
Fermin-6	1.2%
Premix	0.5 %

2.No. 21 — II — 106-24

Maize	21%
Barley	15%
Wheat	10%
Soya (40%)	20%
Fish meal (70%)	5.3%
Wheat bud	4%
Skimmed milk powder	12.2%
Mixture with 50% of industrial fat content	8%
MCP	1.1%
CaC0₃	1.3%
Salt	0.4%
Fermin-6	1.2%
Premix	0.5%

3.No. 28 — I — 105 — 24

Maize	28%
Barley	15%
Wheat	10%
Linseed	2%
Soya (40%)	20.3%
Fish meal (70%)	5%
Wheat bud	2%
Skimmed milk powder	6.7%
Mixture with 50% of industrial fat content	8%
MCP	0.9%
CaCO₃	1.2%
Salt	0.4%
Premix	0.5%

4.No. 28-II- 107-24

Maize	28%
Barley	15%
Wheat	10%
Linseed	2%
Soya (40%)	20.3%
Fish meal (70%)	5%
Wheat bud	2%
Skimmed milk powder	6.7%
Mixture with 50% of industrial fat content	8%
MCP	0.9%
CaCO₃	1.2%
Salt	0.4%
Premix	0.5%

5.No. 21 -I- 103-26

Maize	29%
Wheat	15%
Barley	25%
Linseed	4.7%
Soya (48%)	18%
Meat-meal (54%)	2.4%
Skimmed milk powder	3%
MCP	1%
CaCO₃	1.1%
Salt	0.3%
Premix	0.5%

6.No. 21 - II - 109 - 26

Maize	29%
Wheat	15%
Barley	25%
Linseed	4.7%
Soya	18%
Meat-meal (54%)	2.4%
Skimmed milk powder	3%
MCP	1%
CaCO₃	1.1%
Salt	0.3%
Premix	0.5%

7.No. I - 102 - 22

Soya (47%)	60.4%
Meat-meal (62%)	18%
Skimmed milk powder	16%
MCP	1%
CaCO₃	0.6%
Salt	1.6%
Premix	1.6%
Premixture with methonian content	0.8%

8.No. II - 104 - 22

Soya (47%)	60.4%
Meat-meal (62%)	18%
Skimmed milk powder	16%
MCP	1%
CaC0₃	0.6%
Salt	1.6%
Premix	1.6%
Premixture with methonian content	0.8%

Methods to prepare feedstuff for calves with skimmed milk powder:

9.No. 11-102-22

Maize	57%
Soya (48%)	14.5%
Sunflower-groats	5%
Alfalfa-meal	6%
Skimmed milk powder	7%
Yeast	2%
Linseed	4.4%
MCP	1.2%
CaCO₃	1.3%
Salt	0.5%
Premix	0.5%

10.No 11 - 502 - 22

Soya (48%)	33.7%
Linseed	10.7%
Skimmed milk powder	12.5%
Alfalfa-meal	15.3%
MCP	2.8%
CaCO₃	3%
Salt	1.2%
Premix	1.2%

Methods to prepare feedstuff for sheep with skimmed milk powder

11.No. 102-22

Maize	20%
Barley	20%
Wheat	32%
Soya (47%)	9%
Alfalfa-meal	9.9%
Skimmed milk powder	3.5%
Linseed	3%
MCP	0.8%
CaCO₃	0.8%
Salt	0.5%
Premix	0.5%

12.No. 41 - 502 - 22

Soya (47%)	32.1%
Linseed	10.7%
Skimmed milk powder	12.5%
Alfalfa-meal	35.3%
MCP	2.9%
CaCO₃	2.9%
Salt	1.8%
Premix	1.8%

Japan

Importation of skimmed milk powder at prices below the minimum prices provided for in this Agreement may be made if the following measures are taken in accordance with Article 8 of the Temporary Tariff Measures Law.

1.: Where skimmed milk powder is imported for use as material for feed or for sale as material for feed, the importer shall follow the required importation procedure and keep a record of the quantity of imports and other necessary information.
2.: The manufacturer shall mix the skimmed milk powder with fish meal, chrysalis meal, fish soluble or other materials.
3.: The manufacturer shall keep a record of the quantity of the skimmed milk powder imported, the quantity of the skimmed milk powder for the production of mixed feed, the quantities of other materials mixed therewith, the quantity of mixed feed produced and other necessary information.
4.: Customs officers may, as necessary, inspect the records kept by the importer or the manufacturer, and require the importer or the manufacturer to submit reports concerning business matters related to the imported skimmed milk powder. Where the importer or the manufacturer uses or transfers for use the skimmed milk powder for purposes other than material for feed, the exempted customs duties shall be collected in accordance with the provisions of the Temporary Tariff Measures Law. In addition, the importer or the manufacturer shall be fined or imprisoned on the charge of evasion of customs duties as provided for in the Temporary Tariff Measures Law or the Customs Law.

New Zealand 12.

1

2

By the addition, in the proportion of 20 per 100 by weight of the product treated (80 per 100 by weight of milk powder and 20 per 100 of the denaturing agent) of a mixture composed of 80 per cent bran and 20 per cent potato flour, rice flour or other common starch (at least 10 per cent to pass mesh 60, equivalent to 50 United States standard), with phenolphthalein in the proportion of 1:20,000.

3

By the addition of, for each 100 kgs. of skimmed milk powder, a minimum of 35 kgs. of undeodorized fish meal and 200 grs. of carbonate of iron or sulphate of iron and

a): 1.5 kgs. of activated carbon;
b): or 100 grs. of mixture composed of four fifths of yellow tartrazine (E 102) and one fifth of patent blue V (E 131);
c): or 20 grs. of cochineal red A (E 124);
d): or 40 grs. of patent blue V (E 131);
(e): or 20 grs. of edicol lime.

4

By the addition of, for each 100 kgs. of skimmed milk powder, a minimum of 40 kgs. of undeodorized fish meal and 300 grs. of carbonate of iron or sulphate of iron.

5

By the addition of, for each 100 kgs. of skimmed milk powder, a minimum of 4.5 kgs. of fish oil or fish liver oil and 300 grs. of carbonate of iron or sulphate of iron.

—: at least 30 per cent for cochineal red A (E 124);
—: at least 25 per cent for the other colouring matters: colouring matters have to contain at least 30 per cent of particles having a size lower than 80 microns; the acidity of fish oil calculated in oleic acid has to be equal to at least 10 per cent.

6

By the addition of dye to liquid skimmed milk before drying at the rate of 2 to 3 ounces per 100 gallons of milk (12.5 to 18.7 grs. per hectolitre).

Dye to be one of the following colours:

English Standard Index Nos.
Lissamine green			44.090, 42.095, 44.025
Tartrazine			19.140
	Combined with:
	i)	Brilliant blue F.C.F.
		or	42.090
	ii)	Green B.S.	44.090
Cochineal			77.289
Brilliant blue/F.C.F.			42.090

7

By the addition of meat and bone meal in a proportion of 2:4 parts of skimmed milk powder.

8

The bags or containers in which the denatured powder is packed will be labelled ‘For Animal Feed only’.

9

Incorporation of skimmed milk powder in compound or mixed stockfoods of a kind falling within item 23.09 of the Harmonized System.

Norway

Skimmed milk powder 12.may be exported from the customs territory of Norway to third eountries:

A.

Either, after the competent Norwegian authorities have ensured that the skimmed milk powder has been denatured according to any one of the following processes:

1.

2.

3.

4.

By the addition of, for each 100 kgs. of skimmed milk powder, a minimum of 35 kgs. of undeodorized fish meal and 200 grs. of carbonate of iron or sulphate of iron and:

a): 1.5 kgs. of activated carbon;
b): or 100 grs. of mixture composed of four fifths of yellow tartrazine (E 102) and one fifth of patent blue V (E 131);
c): or 20 grs. of cochineal red A (E 124);
d): or 40 grs. of patent blue V (E 131).

5.

By the addition of, for each 100 kgs. of skimmed milk powder, a minimum of 40 kgs. of undeodorized fish meal and 300 grs. of carbonate of iron or sulphate of iron.

6.

By the addition of, for each 100 kgs. of skimmed milk powder, a minimum of 4.5 kgs. of fish oil or fish liver oil and 300 grs. of carbonate of iron or sulphate of iron.

—: at least 30 per cent for cochineal red A (E 124);
—: at least 25 per cent for the other colouring matters: colouring matters have to contain at least 30 per cent of particles having a size lower than 80 microns; the acidity of fish oil calculated in oleic acid has to be equal to at least 10 per cent.

The products added to skimmed milk powder, according to processes 4, 5 and 6 have to be uniformly distributed as regards in particular the activated carbon, the iron salts and the colouring matters; two samples of 50 grs. each, taken at random in a lot of 25 kgs., must give by chemical determination the same results within the limits of errors admitted by the analysis method used.

7.

Dye to be added to liquid skimmed milk before drying at the rate of 2 to 3 ozs. per 100 gallons of milk (12.5 to 18.7 grs. per hectolitre). The dye to be one of the following colours:

English Standard Index Nos.
Lissamine green			44.090, 42.095, 44.025
Tartrazine			19.140
	Combined with:
	i)	Brilliant blue F.C.F.
		or	42.090
	ii)	Green B.S.	44.090
Cochineal			77.289
Brilliant blue/F.C.F.			42.090

8.

By the addition of meat and bone meal in a proportion of 2 to 4 parts of skimmed milk powder.

The bags or containers in which the denatured powder is packed will be labelled ‘For Animal Feed Only’.

B.

Or, after its incorporation in compound or mixed stockfoods of a kind falling within item 23.09 of the Harmonized System.

Poland

Skimmed milk powder may be exported from the customs territory of Poland to third countries:

A.

Either, after the competent Polish authorities have ensured that the skimmed milk powder has been denatured according to any one of the following processes:

1.

2.

By the addition of finely milled alfalfa flour (98 per cent to pass mesh 60, equivalent to 50 United States standard), in a proposition of 2 to 4 parts per 100 and of phenolophtalein in a proportion of 1:20,000 (1 gr. per 20 kgs. of milk).

3.

4.

By the production of feed milk surrogate MS-93:

INFORMATION ON THE PRODUCTION OF FEED MILK SURROGATE MS-93

a)Product description

Feed milk surrogate MS-93 is produced from skimmed milk and whey in the proportion 1 + 1, buttermilk powder, animal fat or fat used for feed milk surrogates, rape-seed or soybean lecithin, vitamins, mineral salts and antibiotics in the form of Polfamix 1C. Skimmed milk can be substituted by buttermilk up to 20 per cent.

b)Quantity composition of ready product

—	dry fatless matter	—	82.0%
—	water not more than	—	5.0%
—	fat not less than	—	12.0%
—	Polfamix 1C	—	1.0%
—	rape-seed or soybean lecithin	— ca	0.5%

c)Quality composition or ready product:

—: acidity not more than 9° SH
—: Coli group bacteria absent in 0.01 gr.
—: total number of microorganisms in 1 gr. not more than 250,000

d)Technological operations:

Production of ‘MS-93’ preparation includes following operations:

—: consolidation of skimmed milk, whey and buttermilk up to 45–48 per cent of dry matter,
—: dissolution of lecithin and Polfamix at the temperature of ca 40° C,
—: binding of the mixture with fat components and Polfamix at the temperature of 70–75° C by intensive mixing in flow,
—: drying and packaging.

B.

Or, after its incorporation in compound or mixed stockfoods of a kind falling within item 23.09 of the Harmonized System.

Switzerland

Skimmed milk powder may be exported from the customs territory of Switzerland to third countries:

A.

Either, after the competent Swiss authorities have ensured that the skimmed milk powder has been denatured according to any one of the following processes:

1.

2.

3.

4.

By the addition of, for each 100 kgs. of skimmed milk powder, a minimum of 35 kgs. of undeodorized fish meal and 200 grs. of carbonate of iron or sulphate of iron and:

a): 1.5 kgs. of activated carbon;
b): or 100 grs. of mixture composed of four fifths of yellow tartrazine (E 102) and one fifth of patent blue V (E 131);
c): or 20 grs. of cochineal red A (E 124);
d): or 40 grs. of patent blue V (E 131).

5.

By the addition of, for each 100 kgs. of skimmed milk powder, a minimum of 40 kgs. of undeodorized fish meal and 300 grs. of carbonate of iron or sulphate of iron.

6.

By the addition of, for each 100 kgs. of skimmed milk powder, a minimum of 4.5 kgs. of fish oil or fish liver oil and 300 grs. of carbonate of iron or sulphate of iron.

—: at least 30 per cent for cochineal red A (E 124);
—: at least 25 per cent for the other colouring matters: colouring matters have to contain at least 30 per cent of particles having a size lower than 80 microns; the acidity of fish oil calculated in oleic acid has to be equal to at least 10 per cent.

The products added to skimmed milk powder, according to processes 4, 5 and 6 have to be uniformly distributed as regards in particular the activated carbon, the iron salts and the colouring matters; two samples of 50 grs. each, taken at random in a lot of 25 kgs., must give by chemical determination the same results within the limits of errors admitted by the analysis method used.

7.

Dye to be added to liquid skimmed milk before drying at the rate of 2 to 3 ozs. per 100 gallons of milk (12.5 to 18.7 grs. per hectolitre). The dye to be one of the following colours:

English Standard Index Nos.
Lissamine green			44.090, 42.095, 44.025
Tartrazine			19.140
	Combined with:
	i)	Brilliant blue F.C.F.
		or	42.090
	ii)	Green B.S.	44.090
Cochineal			77.289
Brilliant blue/F.C.F.			42.090

8.

By the addition of meat and bone meal in a proportion of 2 to 4 parts of skimmed milk powder.

The bags or containers in which the denatured powder is packed will be labelled ‘For Animal Feed Only’.

B.

Or, after its incorporation in compound or mixed stockfoods of a kind falling within item 23.09 of the Harmonized System.

Appendix Interpretative Statements

Japan undertakes to implement the provisions of this Agreement fully within the limit of its institutional possibilities.

Japan has accepted paragraph 5 of Article 3 of the Annex on the understanding that advance notification of its intention to make use of the provisions of that paragraph may be made globally for a given period and not separately for each transaction.

The Nordic countries have accepted paragraph 3 of Article V of the Agreement with the understanding that it does not in any way prejudge their position with regard to the definition of (other than) normal commercial transactions.

Switzerland has indicated that it is reserving the right to request at a later date the designation of two or three European ports as reference points under Article 2 of the Annex in the event that its exports made this necessary.

New Zealand has indicated that the annual quantities of its exports under paragraph 2 of Article 7 of the Annex should normally be of the order of 1 thousand metric tons and could, in exceptional circumstances, amount to some 2 thousand metric tons.

Final act embodying the results of the Uruguay Round of Multilateral Trade Negotiations

1

Having met in order to conclude the Uruguay Round of Multilateral Trade Negotiations, representatives of the governments and of the European Communities, members of the Trade Negotiations Committee, agree that the Agreement Establishing the World Trade Organization (referred to in this Final Act as the ‘WTO Agreement’), the Ministerial Declarations and Decisions, and the Understanding on Commitments in Financial Services, as annexed hereto, embody the results of their negotiations and form an integral part of this Final Act.

2

By signing the present Final Act, the representatives agree

a): to submit, as appropriate, the WTO Agreement for the consideration of their respective competent authorities with a view to seeking approval of the Agreement in accordance with their procedures; and
b): to adopt the Ministerial Declarations and Decisions.

3

The representatives agree on the desirability of acceptance of the WTO Agreement by all participants in the Uruguay Round of Multilateral Trade Negotiations (hereinafter referred to as ‘participants’) with a view to its entry into force by 1 January 1995, or as early as possible thereafter. Not later than late 1994, Ministers will meet, in accordance with the final paragraph of the Punta del Este Ministerial Declaration, to decide on the international implementation of the results, including the timing of their entry into force.

4

The representatives agree that the WTO Agreement shall be open for acceptance as a whole, by signature or otherwise, by all participants pursuant to Article XIV thereof. The acceptance and entry into force of a Plurilateral Trade Agreement included in Annex 4 of the WTO Agreement shall be governed by the provisions of that Plurilateral Trade Agreement.

5

Before accepting the WTO Agreement, participants which are not contracting parties to the General Agreement on Tariffs and Trade must first have concluded negotiations for their accession to the General Agreement and become contracting parties thereto. For participants which are not contracting parties to the General Agreement as of the date of the Final Act, the Schedules are not definitive and shall be subsequently completed for the purpose of their accession to the General Agreement and acceptance of the WTO Agreement.

6

This Final Act and the texts annexed hereto shall be deposited with the Director-General to the CONTRACTING PARTIES to the General Agreement on Tariffs and Trade who shall promptly furnish to each participant a certified copy thereof.

DONE at Marrakesh this fifteenth day of April one thousand nine hundred and ninety-four, in a single copy, in the English, French and Spanish languages, each text being authentic.

Decision on Measures in Favour of Least-Developed Countries

Ministers,

Recognizing the plight of the least-developed countries and the need to ensure their effective participation in the world trading system, and to take further measures to improve their trading opportunities;

Recognizing the specific needs of the least-developed countries in the area of market access where continued preferential access remains an essential means for improving their trading opportunities;

Reaffirming their commitment to implement fully the provisions concerning the least-developed countries contained in paragraphs 2 (d), 6 and 8 of the Decision of 28 November 1979 on Differential and More Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries;

Having regard to the commitment of the participants as set out in Section B (vii) of Part I of the Punta del Este Ministerial Declaration;

1

Decide that, if not already provided for in the instruments negotiated in the course of the Uruguay Round, notwithstanding their acceptance of these instruments, the least-developed countries, and for so long as they remain in that category, while complying with the general rules set out in the aforesaid instruments, will only be required to undertake commitments and concessions to the extent consistent with their individual development, financial and trade needs, or their administrative and institutional capabilities. The least-developed countries shall be given additional time of one year from 15 April 1994 to submit their schedules as required in Article XI of the Agreement Establishing the World Trade Organization.

2

Agree that:

(i): Expeditious implementation of all special and differential measures taken in favour of least-developed countries including those taken within the context of the Uruguay Round shall be ensured through, inter alia, regular reviews.
(ii): To the extent possible, MFN concessions on tariff and non-tariff measures agreed in the Uruguay Round on products of export interest to the least-developed countries may be implemented autonomously, in advance and without staging. Consideration shall be given to further improve GSP and other schemes for products of particular export interest to least-developed countries.
(iii): The rules set out in the various agreements and instruments and the transitional provisions in the Uruguay Round should be applied in a flexible and supportive manner for the least-developed countries. To this effect, sympathetic consideration shall be given to specific and motivated concerns raised by the least-developed countries in the appropriate Councils and Committees.
(iv): In the application of import relief measures and other measures referred to in paragraph 3 (c) of Article XXXVII of GATT 1947 and the corresponding provision of GATT 1994, special consideration shall be given to the export interests of least-developed countries.
(v): Least-developed countries shall be accorded substantially increased technical assistance in the development, strengthening and diversification of their production and export bases including those of services, as well as in trade promotion, to enable them to maximize the benefits from liberalized access to markets.

3

Agree to keep under review the specific needs of the least-developed countries and to continue to seek the adoption of positive measures which facilitate the expansion of trading opportunities in favour of these countries.

Declaration on the Contribution of the World Trade Organization to Achieving Greater Coherence in Global Economic Policymaking

1

Ministers recognize that the globalization of the world economy has led to ever-growing interactions between the economic policies pursued by individual countries, including interactions between the structural, macroeconomic, trade, financial and development aspects of economic policymaking. The task of achieving harmony between these policies falls primarily on governments at the national level, but their coherence internationally is an important and valuable element in increasing the effectiveness of these policies at national level. The Agreements reached in the Uruguay Round show that all the participating governments recognize the contribution that liberal trading policies can make to the healthy growth and development of their own economies and of the world economy as a whole.

2

Successful cooperation in each area of economic policy contributes to progress in other areas. Greater exchange rate stability, based on more orderly underlying economic and financial conditions, should contribute towards the expansion of trade, sustainable growth and development, and the correction of external imbalances. There is also a need for an adequate and timely flow of concessional and non-concessional financial and real investment resources to developing countries and for further efforts to address debt problems, to help ensure economic growth and development. Trade liberalization forms an increasingly important component in the success of the adjustment programmes that many countries are undertaking, often involving significant transitional social costs. In this connection, Ministers note the role of the World Bank and the IMF in supporting adjustment to trade liberalization, including support to net food-importing developing countries facing short-term costs arising from agricultural trade reforms.

3

The positive outcome of the Uruguay Round is a major contribution towards more coherent and complementary international economic policies. The results of the Uruguay Round ensure an expansion of market access to the benefit of all countries, as well as a framework of strengthened multilateral disciplines for trade. They also guarantee that trade policy will be conducted in a more transparent manner and with greater awareness of the benefits for domestic competitiveness of an open trading environment. The strengthened multilateral trading system emerging from the Uruguay Round has the capacity to provide an improved forum for liberalization, to contribute to more effective surveillance, and to ensure strict observance of multilaterally agreed rules and disciplines. These improvements mean that trade policy can in the future play a more substantial role in ensuring the coherence of global economic policymaking.

4

Ministers recognize, however, that difficulties the origins of which lie outside the trade field cannot be redressed through measures taken in the trade field alone. This underscores the importance of efforts to improve other elements of global economic policymaking to complement the effective implementation of the results achieved in the Uruguay Round.

5

The interlinkages between the different aspects of economic policy require that the international institutions with responsibilities in each of these areas follow consistent and mutually supportive policies. The World Trade Organization should therefore pursue and develop cooperation with the international organizations responsible for monetary and financial matters, while respecting the mandate, the confidentiality requirements and the necessary autonomy in decision-making procedures of each institution, and avoiding the imposition on governments of cross-conditionality or additional conditions. Ministers further invite the Director-General of the WTO to review with the Managing Director of the International Monetary Fund and the President of the World Bank, the implications of the WTO's responsibilities for its cooperation with the Bretton Woods institutions, as well as the forms such cooperation might take, with a view to achieving greater coherence in global economic policymaking.

Decision on Notification Procedures

Ministers decide to recommend adoption by the Ministerial Conference of the decision on improvement and review of notification procedures set out below.

>Members,

Desiring to improve the operation of notification procedures under the Agreement Establishing the World Trade Organization (hereinafter referred to as the ‘WTO Agreement’), and thereby to contribute to the transparency of Members' trade policies and to the effectiveness of surveillance arrangements established to that end;

Recalling obligations under the WTO Agreement to publish and notify, including obligations assumed under the terms of specific protocols of accession, waivers, and other agreements entered into by Members;

Agree as follows:

I. General obligation to notify

Members affirm their commitment to obligations under the Multilateral Trade Agreements and, where applicable, the Plurilateral Trade Agreements, regarding publication and notification.

Members recall their undertakings set out in the Understanding Regarding Notification, Consultation, Dispute Settlement and Surveillance adopted on 28 November 1979 (BISD 26S/210). With regard to their undertaking therein to notify, to the maximum extent possible, their adoption of trade measures affecting the operation of GATT 1994, such notification itself being without prejudice to views on the consistency of measures with or their relevance to rights and obligations under the Multilateral Trade Agreements and, where applicable, the Plurilateral Trade Agreements, Members agree to be guided, as appropriate, by the annexed list of measures. Members therefore agree that the introduction or modification of such measures is subject to the notification requirements of the 1979 Understanding.

II. Central registry of notifications

A central registry of notifications shall be established under the responsibility of the Secretariat. While Members will continue to follow existing notification procedures, the Secretariat shall ensure that the central registry records such elements of the information provided on the measure by the Member concerned as its purpose, its trade coverage, and the requirement under which it has been notified. The central registry shall cross-reference its records of notifications by Member and obligation.

The central registry shall inform each Member annually of the regular notification obligations to which that Member will be expected to respond in the course of the following year.

The central registry shall draw the attention of individual Members to regular notification requirements which remain unfulfilled.

Information in the central registry regarding individual notifications shall be made available on request to any Member entitled to receive the notification concerned.

III. Review of notification obligations and procedures

The Council for Trade in Goods will undertake a review of notification obligations and procedures under the Agreements in Annex 1A of the WTO Agreement. The review will be carried out by a working group, membership in which will be open to all Members. The group will be established immediately after the date of entry into force of the WTO Agreement.

The terms of reference of the working group will be:

—: to undertake a thorough review of all existing notification obligations of Members established under the Agreements in Annex 1A of the WTO Agreement, with a view to simplifying, standardizing and consolidating these obligations to the greatest extent practicable, as well as to improving compliance with these obligations, bearing in mind the overall objective of improving the transparency of the trade policies of Members and the effectiveness of surveillance arrangements established to this end, and also bearing in mind the possible need of some developing country Members for assistance in meeting their notification obligations;
—: to make recommendations to the Council for Trade in Goods not later than two years after the entry into force of the WTO Agreement.

Annex Indicative list 18.of notifiable measures

Tariffs (including range and scope of bindings, GSP provisions, rates applied to members of free-trade areas/customs unions, other preferences)

Tariff quotas and surcharges

Quantitative restrictions, including voluntary export restraints and orderly marketing arrangements affecting imports

Other non-tariff measures such as licensing and mixing requirements; variable levies

Customs valuation

Rules of origin

Government procurement

Technical barriers

Safeguard actions

Anti-dumping actions

Countervailing actions

Export taxes

Export subsidies, tax exemptions and concessionary export financing

Free-trade zones, including in-bond manufacturing

Export restrictions, including voluntary export restraints and orderly marketing arrangements

Other government assistance, including subsidies, tax exemptions

Role of state-trading enterprises

Foreign exchange controls related to imports and exports

Government-mandated countertrade

Any other measure covered by the Multilateral Trade Agreements in Annex 1A to the WTO Agreement.

Declaration on the Relationship of the World Trade Organization with the International Monetary Fund

Ministers,

Noting the close relationship between the CONTRACTING PARTIES to the GATT 1947 and the International Monetary Fund, and the provisions of the GATT 1947 governing that relationship, in particular Article XV of the GATT 1947;

Recognizing the desire of participants to base the relationship of the World Trade Organization with the International Monetary Fund, with regard to the areas covered by the Multilateral Trade Agreements in Annex 1A of the WTO Agreement, on the provisions that have governed the relationship of the CONTRACTING PARTIES to the GATT 1947 with the International Monetary Fund;

Hereby reaffirm that, unless otherwise provided for in the Final Act, the relationship of the WTO with the International Monetary Fund, with regard to the areas covered by the Multilateral Trade Agreements in Annex 1A of the WTO Agreement, will be based on the provisions that have governed the relationship of the CONTRACTING PARTIES to the GATT 1947 with the International Monetary Fund.

Decision on Measures Concerning the Possible Negative Effects of the Reform Programme on Least-Developed and Net Food-Importing Developing Countries

1

Ministers recognize that the progressive implementation of the results of the Uruguay Round as a whole will generate increasing opportunities for trade expansion and economic growth to the benefit of all participants.

2

Ministers recognize that during the reform programme leading to greater liberalization of trade in agriculture least-developed and net food-importing developing countries may experience negative effects in terms of the availability of adequate supplies of basic foodstuffs from external sources on reasonable terms and conditions, including short-term difficulties in financing normal levels of commercial imports of basic foodstuffs.

3

Ministers accordingly agree to establish appropriate mechanisms to ensure that the implementation of the results of the Uruguay Round on trade in agriculture does not adversely affect the availability of food aid at a level which is sufficient to continue to provide assistance in meeting the food needs of developing countries, especially least-developed and net food-importing developing countries. To this end Ministers agree:

(i): to review the level of food aid established periodically by the Committee on Food Aid under the Food Aid Convention 1986 and to initiate negotiations in the appropriate forum to establish a level of food aid commitments sufficient to meet the legitimate needs of developing countries during the reform programme;
(ii): to adopt guidelines to ensure that an increasing proportion of basic foodstuffs is provided to least-developed and net food-importing developing countries in fully grant form and/or on appropriate concessional terms in line with Article IV of the Food Aid Convention 1986;
(iii): to give full consideration in the context of their aid programmes to requests for the provision of technical and financial assistance to least-developed and net food-importing developing countries to improve their agricultural productivity and infrastructure.

4

Ministers further agree to ensure that any agreement relating to agricultural export credits makes appropriate provision for differential treatment in favour of least-developed and net food-importing developing countries.

5

Ministers recognize that as a result of the Uruguay Round certain developing countries may experience short-term difficulties in financing normal levels of commercial imports and that these countries may be eligible to draw on the resources of international financial institutions under existing facilities, or such facilities as may be established, in the context of adjustment programmes, in order to address such financing difficulties. In this regard Ministers take note of paragraph 37 of the report of the Director-General to the CONTRACTING PARTIES to GATT 1947 on his consultations with the Managing Director of the International Monetary Fund and the President of the World Bank (MTN.GNG/NG14/W/35).

5

6. The provisions of this Decision will be subject to regular review by the Ministerial Conference, and the follow-up to this Decision shall be monitored, as appropriate, by the Committee on Agriculture.

Decision on Notification of First Integration under Article 2.6 of the Agreement on Textiles and Clothing

Ministers agree that the participants maintaining restrictions falling under paragraph 1 of Article 2 of the Agreement on Textiles and Clothing shall notify full details of the actions to be taken pursuant to paragraph 6 of Article 2 of that Agreement to the GATT Secretariat not later than 1 October 1994. The GATT Secretariat shall promptly circulate these notifications to the other participants for information. These notifications will be made available to the Textiles Monitoring Body, when established, for the purposes of paragraph 21 of Article 2 of the Agreement on Textiles and Clothing.

Decision on Proposed Understanding on WTO-ISO Standards Information System

Ministers decide to recommend that the Secretariat of the World Trade Organization reach an understanding with the International Organization for Standardization (‘ISO’) to establish an information system under which:

1.

ISONET members shall transmit to the ISO/IEC Information Centre in Geneva the notifications referred to in paragraphs C and J of the Code of Good Practice for the Preparation, Adoption and Application of Standards in Annex 3 to the Agreement on Technical Barriers to Trade, in the manner indicated there;

2.

the following (alpha)numeric classification systems shall be used in the work programmes referred to in paragraph J:

a)

a standards classification system which would allow standardizing bodies to give for each standard mentioned in the work programme an (alpha)numeric indication of the subject matter;

b)

a stage code system which would allow standardizing bodies to give for each standard mentioned in the work programme an (alpha)nu-meric indication of the stage of development of the standard; for this purpose, at least five stages of development should be distinguished:

(1): the stage at which the decision to develop a standard has been taken, but technical work has not yet begun;
(2): the stage at which technical work has begun, but the period for the submission of comments has not yet started;
(3): the stage at which the period for the submission of comments has started, but has not yet been completed;
(4): the stage at which the period for the submission of comments has been completed, but the standard has not yet been adopted; and
(5): the stage at which the standard has been adopted;

c)

an identification system covering all international standards which would allow standardizing bodies to give for each standard mentioned in the work programme an (alpha)numeric indication of the international standard(s) used as a basis;

3.

the ISO/IEC Information Centre shall promptly convey to the Secretariat copies of any notifications referred to in paragraph C of the Code of Good Practice;

4.

the ISO/IEC Information Centre shall regularly publish the information received in the notifications made to it under paragraphs C and J of the Code of Good Practice; this publication, for which a reasonable fee may be charged, shall be available to ISONET members and through the Secretariat to the Members of the WTO.

Decision on Review of the ISO/IEC Information Centre Publication

Ministers decide that in conformity with paragraph 1 of Article 13 of the Agreement on Technical Barriers to Trade in Annex 1A of the Agreement Establishing the World Trade Organization, the Committee on Technical Barriers to Trade established thereunder shall, without prejudice to provisions on consultation and dispute settlement, at least once a year review the publication provided by the ISO/IEC Information Centre on information received according to the Code of Good Practice for the Preparation, Adoption and Application of Standards in Annex 3 of the Agreement, for the purpose of affording Members opportunity of discussing any matters relating to the operation of that Code.

In order to facilitate this discussion, the Secretariat shall provide a list by Member of all standardizing bodies that have accepted the Code, as well as a list of those standardizing bodies that have accepted or withdrawn from the Code since the previous review.

The Secretariat shall also distribute promptly to the Members copies of the notifications it receives from the ISO/IEC Information Centre.

Decision on Anti-Circumvention

Ministers,

Noting that while the problem of circumvention of anti-dumping duty measures formed part of the negotiations which preceded the Agreement on Implementation of Article VI of GATT 1994, negotiators were unable to agree on specific text,

Mindful of the desirability of the applicability of uniform rules in this area as soon as possible,

Decide to refer this matter to the Committee on Anti-Dumping Practices established under that Agreement for resolution.

Decision on Review of Article 17.6 of the Agreement on Implementation of Article V of the General Agreement on Tariffs and Trade 1994

Ministers decide as follows:

The standard of review in paragraph 6 of Article 17 of the Agreement on Implementation of Article VI of GATT 1994 shall be reviewed after a period of three years with a view to considering the question of whether it is capable of general application.

Declaration on Dispute Settlement Pursuant to the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 or Part V of the Agreement on Subsidies and Countervailing Measures

Ministers recognize, with respect to dispute settlement pursuant to the Agreement on Implementation of Article VI of GATT 1994 or Part V of the Agreement on Subsidies and Countervailing Measures, the need for the consistent resolution of disputes arising from anti-dumping and countervailing duty measures.

Decision Regarding Cases where Customs Administrations Have Reasons to Doubt the Truth or Accuracy of the Declared Value

Ministers invite the Committee on Customs Valuation established under the Agreement on Implementation of Article VII of GATT 1994 to take the following decision:

The Committee on Customs Valuation,

Reaffirming that the transaction value is the primary basis of valuation under the Agreement on Implementation of Article VII of GATT 1994 (hereinafter referred to as the ‘Agreement’);

Recognizing that the customs administration may have to address cases where it has reason to doubt the truth or accuracy of the particulars or of documents produced by traders in support of a declared value;

Emphasizing that in so doing the customs administration should not prejudice the legitimate commercial interests of traders;

Taking into account Article 17 of the Agreement, paragraph 6 of Annex III to the Agreement, and the relevant decisions of the Technical Committee on Customs Valuation;

Decides as follows:

1

When a declaration has been presented and where the customs administration has reason to doubt the truth or accuracy of the particulars or of documents produced in support of this declaration, the customs administration may ask the importer to provide further explanation, including documents or other evidence, that the declared value represents the total amount actually paid or payable for the imported goods, adjusted in accordance with the provisions of Article 8. If, after receiving further information, or in the absence of a response, the customs administration still has reasonable doubts about the truth or accuracy of the declared value, it may, bearing in mind the provisions of Article 11, be deemed that the customs value of the imported goods cannot be determined under the provisions of Article 1. Before taking a final decision, the customs administration shall communicate to the importer, in writing if requested, its grounds for doubting the truth or accuracy of the particulars or documents produced and the importer shall be given a reasonable opportunity to respond. When a final decision is made, the customs administration shall communicate to the importer in writing its decision and the grounds therefor.

2

It is entirely appropriate in applying the Agreement for one Member to assist another Member on mutually agreed terms.

Decision on Texts Relating to Minimum Values and Imports by Sole Agents, Sole Distributors and Sole Concessionaires

Ministers decide to refer the following texts to the Committee on Customs Valuation established under the Agreement on Implementation of Article VII of GAIT 1994, for adoption.

I

Where a developing country makes a reservation to retain officially established minimum values within the terms of paragraph 2 of Annex III and shows good cause, the Committee shall give the request for the reservation sympathetic consideration.

Where a reservation is consented to, the terms and conditions referred to in paragraph 2 of Annex III shall take full account of the development, financial and trade needs of the developing country concerned.

II

1

A number of developing countries have A concern that problems may exist in the valuation of imports by sole agents, sole distributors and sole concessionaires. Under paragraph 1 of Article 20, developing country Members have a period of delay of up to five years prior to the application of the Agreement. In this context, developing country Members availing themselves of this provision could use the period to conduct appropriate studies and to take such other actions as are necessary to facilitate application.

2

In consideration of this, the Committee recommends that the Customs Co-operation Council assist developing country Members, in accordance with the provisions of Annex II, to formulate and conduct studies in areas identified as being of potential concern, including those relating to importations by sole agents, sole distributors and sole concessionaires.

Decision on Institutional Arrangements for the General Agreement on Trade in Services

Ministers decide to recommend that the Council for Trade in Services at its first meeting adopt the decision on subsidiary bodies set out below.

The Council for Trade in Services,

Acting pursuant to Article XXIV with a view to facilitating the operation and furthering the objectives of the General Agreement on Trade in Services,

Decides as follows:

1

Any subsidiary bodies that the Council may establish shall report to the Council annually or more often as necessary. Each such body shall establish its own rules of procedure, and may set up its own subsidiary bodies as appropriate.

2

Any sectoral committee shall carry out responsibilities as assigned to it by the Council, and shall afford Members the opportunity to consult on any matters relating to trade in services in the sector concerned and the operation of the sectoral annex to which it may pertain. Such responsibilities shall include:

(a): to keep under continuous review and surveillance the application of the Agreement with respect to the sector concerned;
(b): to formulate proposals or recommendations for consideration by the Council in connection with any matter relating to trade in the sector concerned;
(c): if there is an annex pertaining to the sector, to consider proposals for amendment of that sectoral annex, and to make appropriate recommendations to the Council;
(d): to provide a forum for technical discussions, to conduct studies on measures of Members and to conduct examinations of any other technical matters affecting trade in services in the sector concerned;
(e): to provide technical assistance to developing country Members and developing countries negotiating accession to the Agreement Establishing the World Trade Organization in respect of the application of obligations or other matters affecting trade in services in the sector concerned; and
(f): to cooperate with any other subsidiary bodies established under the General Agreement on Trade in Services or any international organizations active in any sector concerned.

3

3. There is hereby established a Committee on Trade in Financial Services which will have the responsibilities listed in paragraph 2.

Decision on Certain Dispute Settlement Procedures for the General Agreement on Trade in Services

Ministers decide to recommend that the Council for Trade in Services at its first meeting adopt the decision set out below.

The Council for Trade in Services,

Taking into account the specific nature of the obligations and specific commitments of the Agreement, and of trade in services, with respect to dispute settlement under Articles XXII and XXIII,

Decides as follows:

1

A roster of panelists shall be established to assist in the selection of panelists.

2

To this end, Members may suggest names of individuals possessing the qualifications referred to in paragraph 3 for inclusion on the roster, and shall provide a curriculum vitae of their qualifications including, if applicable, indication of sector-specific expertise.

3

Panels shall be composed of well-qualified governmental and/or non-governmental individuals who have experience in issues related to the General Agreement on Trade in Services and/or trade in services, including associated regulatory matters. Panelists shall serve in their individual capacities and not as representatives of any government or organisation.

4

Panels for disputes regarding sectoral matters shall have the necessary expertise relevant to the specific services sectors which the dispute concerns.

5

The Secretariat shall maintain the roster and shall develop procedures for its administration in consultation with the Chairman of the Council.

Decision on Trade in Services and the Environment

Ministers decide to recommend that the Council for Trade in Services at its first meeting adopt the decision set out below.

The Council for Trade in Services,

Acknowledging that measures necessary to protect the environment may conflict with the provisions of the Agreement; and

Noting that since measures necessary to protect the environment typically have as their objective the protection of human, animal or plant life or health, it is not clear that there is a need to provide for more than is contained in paragraph (b) of Article XIV;

Decides as follows:

1

In order to determine whether any modification of Article XIV of the Agreement is required to take account of such measures, to request the Committee on Trade and Environment to examine and report, with recommendations if any, on the relationship between services trade and the environment including the issue of sustainable development. The Committee shall also examine the relevance of inter-governmental agreements on the environment and their relationship to the Agreement.

2

The Committee shall report the results of its work to the first biennial meeting of the Ministerial Conference after the entry into force of the Agreement Establishing the World Trade Organization.

Decision on Negotiations on Movement of Natural Persons

Ministers,

Noting the commitments resulting from the Uruguay Round negotiations on the movement of natural persons for the purpose of supplying services;

Mindful of the objectives of the General Agreement on Trade in Services, including the increasing participation of developing countries in trade in services and the expansion of their service exports;

Recognizing the importance of achieving higher levels of commitments on the movement of natural persons, in order to provide for a balance of benefits under the General Agreement on Trade in Services;

Decide as follows:

1

Negotiations on further liberalization of movement of natural persons for the purpose of supplying services shall continue beyond the conclusion of the Uruguay Round, with A view to allowing the achievement of higher levels of commitments by participants under the General Agreement on Trade in Services.

2

A Negotiating Group on Movement of Natural Persons is established to carry out the negotiations. The group shall establish its own procedures and shall report periodically to the Council on Trade in Services.

3

The negotiating group shall hold its first negotiating session no later than 16 May 1994. It shall conclude these negotiations and produce a final report no later than six months after the entry into force of the Agreement Establishing the World Trade Organization.

4

Commitments resulting from these negotiations shall be inscribed in Members’ Schedules of specific commitments.

Decision on Financial Services

Ministers,

Noting that commitments scheduled by participants on financial services at the conclusion of the Uruguay Round shall enter into force on an MFN basis at the same time as the Agreement Establishing the World Trade Organization (hereinafter referred to as the ‘WTO Agreement’),

Decide as follows:

1

At the conclusion of a period ending no later than six months after the date of entry into force of the WTO Agreement, Members shall be free to improve, modify or withdraw all or part of their commitments in this sector without offering compensation, notwithstanding the provisions of Article XXI of the General Agreement on Trade in Services. At the same time Members shall finalize their positions relating to MFN exemptions in this sector, notwithstanding the provisions of the Annex on Article II Exemptions. From the date of entry into force of the WTO Agreement and until the end of the period referred to above, exemptions listed in the Annex on Article II Exemptions which are conditional upon the level of commitments undertaken by other participants or upon exemptions by other participants will not be applied.

2

The Committee on Trade in Financial Services shall monitor the progress of any negotiations undertaken under the terms of this Decision and shall report thereon to the Council for Trade in Services no later than four months after the date of entry into force of the WTO Agreement.

Decision on Negotiations on Maritime Transport Services

Ministers,

Noting that commitments scheduled by participants on maritime transport services at the conclusion of the Uruguay Round shall enter into force on an MFN basis at the same time as the Agreement Establishing the World Trade Organization (hereinafter referred to as the ‘WTO Agreement’),

Decide as follows:

1

Negotiations shall be entered into on a voluntary basis in the sector of maritime transport services within the framework of the General Agreement on Trade in Services. The negotiations shall be comprehensive in scope, aiming at commitments in international shipping, auxiliary services and access to and use of port facilities, leading to the elimination of restrictions within a fixed time scale.

2

A Negotiating Group on Maritime Transport Services (hereinafter referred to as the ‘NGMTS’) is established to carry out this mandate. The NGMTS shall report periodically on the progress of these negotiations.

3

The negotiations in the NGMTS shall be open to all governments and the European Communities which announce their intention to participate. To date, the following have announced their intention to take part in the negotiations:

Argentina, Canada, European Communities and their member States, Finland, Hong Kong, Iceland, Indonesia, Korea, Malaysia, Mexico, New Zealand, Norway, Philippines, Poland, Romania, Singapore, Sweden, Switzerland, Thailand, Turkey, United States.

Further notifications of intention to participate shall be addressed to the depositary of the WTO Agreement.

4

The NGMTS shall hold its first negotiating session no later than 16 May 1994. It shall conclude these negotiations and make a final report no later than June 1996. The final report of the NGMTS shall include a date for the implementation of results of these negotiations.

5

Until the conclusion of the negotiations Article II and paragraphs 1 and 2 of the Annex on Article II Exemptions are suspended in their application to this sector, and it is not necessary to list MFN exemptions. At the conclusion of the negotiations, Members shall be free to improve, modify or withdraw any commitments made in this sector during the Uruguay Round without offering compensation, notwithstanding the provisions of Article XXI of the Agreement. At the same time Members shall finalize their positions relating to MFN exemptions in this sector, notwithstanding the provisions of the Annex on Article II Exemptions. Should negotiations not succeed, the Council for Trade in Services shall decide whether to continue the negotiations in accordance with this mandate.

6

Any commitments resulting from the negotiations, including the date of their entry into force, shall be inscribed in the Schedules annexed to the General Agreement on Trade in Services and be subject to all the provisions of the Agreement.

7

Commencing immediately and continuing until the implementation date to be determined under paragraph 4, it is understood that participants shall not apply any measure affecting trade in maritime transport services except in response to measures applied by other countries and with a view to maintaining or improving the freedom of provision of maritime transport services, nor in such a manner as would improve their negotiating position and leverage.

8

The implementation of paragraph 7 shall be subject to surveillance in the NGMTS. Any participant may bring to the attention of the NGMTS any action or omission which it believes to be relevant to the fulfilment of paragraph 7. Such notifications shall be deemed to have been submitted to the NGMTS upon their receipt by the Secretariat.

Decision on Negotiations on Basic Telecommunications

Ministers decide as follows:

1

Negotiations shall be entered into on a voluntary basis with a view to the progressive liberalization of trade in telecommunications transport networks and services (hereinafter referred to as ‘basic telecommunications’) within the framework of the General Agreement on Trade in Services.

2

Without prejudice to their outcome, the negotiations shall be comprehensive in scope, with no basic telecommunications excluded a priori.

3

A Negotiating Group on Basic Telecommunications (hereinafter referred to as the ‘NGBT’) is established to carry out this mandate. The NGBT shall report periodically on the progress of these negotiations.

4

The negotiations in the NGBT shall be open to all governments and the European Communities which announce their intention to participate. To date, the following have announced their intention to take part in the negotiations:

Australia, Austria, Canada, Chile, Cyprus, European Communities and their member States, Finland, Hong Kong, Hungary, Japan, Korea, Mexico, New Zealand, Norway, Slovak Republic, Sweden, Switzerland, Turkey, United States.

Further notifications of intention to participate shall be addressed to the depositary of the Agreement Establishing the World Trade Organization.

5

The NGBT shall hold its first negotiating session no later than 16 May 1994. It shall conclude these negotiations and make a final report no later than 30 April 1996. The final report of the NGBT shall include a date for the implementation of results of these negotiations.

6

7

Commencing immediately and continuing until the implementation date to be determined under paragraph 5, it is understood that no participant shall apply any measure affecting trade in basic telecommunications in such a manner as would improve its negotiating position and leverage. It is understood that this provision shall not prevent the pursuit of commercial and governmental arrangements regarding the provision of basic telecommunications services.

8

The implementation of paragraph 7 shall be subject to surveillance in the NGBT, Any participant may bring to the attention of the NGBT any action or omission which it believes to be relevant to the fulfilment of paragraph 7. Such notifications shall be deemed to have been submitted to the NGBT upon their receipt by the Secretariat.

Decision on Professional Services

Ministers decide to recommend that the Council for Trade in Services at its first meeting adopt the decision set out below.

The Council for Trade in Services,

Recognizing the impact of regulatory measures relating to professional qualifications, technical standards and licensing on the expansion of trade in professional services;

Desiring to establish multilateral disciplines with a view to ensuring that, when specific commitments are undertaken, such regulatory measures do not constitute unnecessary barriers to the supply of professional services;

Decides as follows:

1

The work programme foreseen in paragraph 4 of Article VI on Domestic Regulation should be put into effect immediately. To this end, a Working Party on Professional Services shall be established to examine and report, with recommendations, on the disciplines necessary to ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements in the field of professional services do not constitute unnecessary barriers to trade.

2

As a matter of priority, the Working Party shall make recommendations for the elaboration of multilateral disciplines in the accountancy sector, so as to give operational effect to specific commitments. In making these recommendations, the Working Party shall concentrate on:

(a)

developing multilateral disciplines relating to market access so as to ensure that domestic regulatory requirements are:

(i): based on objective and transparent criteria, such as competence and the ability to supply the service;
(ii): not more burdensome than necessary to ensure the quality of the service, thereby facilitating the effective liberalization of accountancy services;

(b)

the use of international standards and, in doing so, it shall encourage the cooperation with the relevant international organizations as defined under paragraph 5b) of Article VI, so as to give full effect to paragraph 5 of Article VII;

(c)

facilitating the effective application of paragraph 6 of Article VI of the Agreement by establishing guidelines for the recognition of qualifications.

In elaborating these disciplines, the Working Party shall take account of the importance of the governmental and non-governmental bodies regulating professional services.

Decision on Accession to the Agreement on Government Procurement

1

Ministers invite the Committee on Government Procurement established under the Agreement on Government Procurement in Annex 4 (b) of the Agreement Establishing the World Trade Organization to clarify that:

(a)

a Member interested in accession according to paragraph 2 of Article XXIV of the Agreement on Government Procurement would communicate its interest to the Director-General of the WTO, submitting relevant information, including a coverage offer for incorporation in Appendix I having regard to the relevant provisions of the Agreement, in particular Article I and, where appropriate, Article V;

(b)

the communication would be circulated to Parties to the Agreement;

(c)

the Member interested in accession would hold consultations with the Parties on the terms for its accession to the Agreement;

(d)

with a view to facilitating accession, the Committee would establish a working party if the Member in question, or any of the Parties to the Agreement, so requests. The working party should examine:

(i): the coverage offer made by the applicant Member; and
(ii): relevant information pertaining to export opportunities in the markets of the Parties, taking into account the existing and potential export capabilities of the applicant Member and export opportunities for the Parties in the market of the applicant Member;

(e)

upon a decision by the Committee agreeing to the terms of accession including the coverage lists of the acceding Member, the acceding Member would deposit with the Director-General of the WTO an instrument of accession which states the terms so agreed. The acceding Member's coverage lists in English, French and Spanish would be appended to the Agreement;

(f)

prior to the date of entry into force of the WTO Agreement, the above procedures would apply mutatis mutandis to CONTRACTING PARTIES to the GATT 1947 interested in accession, and the tasks assigned to the Director-General of the WTO would be carried out by the Director-General to the contracting parties to the GATT 1947.

2

It is noted that Committee decisions are arrived at on the basis of consensus. It is also noted that the non-application clause of paragraph 11 of Article XXIV is available to any Party.

Decision on the Application and Review of the Understanding on Rules and Procedures Governing the Settlement of Disputes

Ministers,

Recalling the Decision of 22 February 1994 that existing rules and procedures of GATT 1947 in the field of dispute settlement shall remain in effect until the date of entry into force of the Agreement Establishing the World Trade Organization,

Invite the relevant Councils and Committees to decide that they shall remain in operation for the purpose of dealing with any dispute for which the request for consultation was made before that date;

Invite the Ministerial Conference to complete a full review of dispute settlement rules and procedures under the World Trade Organization within four years after the entry into force of the Agreement Establishing the World Trade Organization, and to take a decision on the occasion of its first meeting after the completion of the review, whether to continue, modify or terminate such dispute settlement rules and procedures.

Understanding on commitments in financial services

Participants in the Uruguay Round have been enabled to take on specific commitments with respect to financial services under the General Agreement on Trade in Services (hereinafter referred to as the ‘Agreement’) on the basis of an alternative approach to that covered by the provisions of Part III of the Agreement. It was agreed that this approach could be applied subject to the following understanding:

(i): it does not conflict with the provisions of the Agreement;
(ii): it does not prejudice the right of any Member to schedule its specific commitments in accordance with the approach under Part III of the Agreement;
(iii): resulting specific commitments shall apply on a most-favoured-nation basis;
(iv): no presumption has been created as to the degree of liberalization to which a Member is committing itself under the Agreement.

Interested Members, on the basis of negotiations, and subject to conditions and qualifications where specified, have inscribed in their schedule specific commitments conforming to the approach set out below.

A. Standstill

Any conditions, limitations and qualifications to the commitments noted below shall be limited to existing non-conforming measures.

B. Market Access

Monopoly Rights

1

In addition to Article VIII of the Agreement, the following shall apply:

Each Member shall list in its schedule pertaining to financial services existing monopoly rights and shall endeavour to eliminate them or reduce their scope. Notwithstanding subparagraph 1 (b) of the Annex on Financial Services, this paragraph applies to the activities referred to in subparagraph 1 (b)(iii) of the Annex.

Financial Services purchased by Public Entities

2

Notwithstanding Article XIII of the Agreement, each Member shall ensure that financial service suppliers of any other Member established in its territory are accorded most-favoured-nation treatment and national treatment as regards the purchase or acquisition of financial services by public entities of the Member in its territory.

Cross-border Trade

3

Each Member shall permit non-resident suppliers of financial services to supply, as a principal, through an intermediary or as an intermediary, and under terms and conditions that accord national treatment, the following services:

(a)

insurance of risks relating to:

(i): maritime shipping and commercial aviation and space launching and freight (including satellites), with such insurance to cover any or all of the following: the goods being transported, the vehicle transporting the goods and any liability arising therefrom; and
(ii): goods in international transit;

(b)

reinsurance and retrocession and the services auxiliary to insurance as referred to in subparagraph 5(a)(iv) of the Annex;

(c)

provision and transfer of financial information and financial data processing as referred to in subparagraph 5(a)(xv) of the Annex and advisory and other auxiliary services, excluding intermediation, relating to banking and other financial services as referred to in subparagraph 5(a)(xvi) of the Annex.

4

Each Member shall permit its residents to purchase in the territory of any other Member the financial services indicated in:

(a): subparagraph 3(a);
(b): subparagraph 3(b); and
(c): subparagraphs 5(a)(v) to (xvi) of the Annex.

Commercial Presence

5

Each Member shall grant financial service suppliers of any other Member the right to establish or expand within its territory, including through the acquisition of existing enterprises, a commercial presence.

6

A Member may impose terms, conditions and procedures for authorization of the establishment and expansion of a commercial presence in so far as they do not circumvent the Member's obligation under paragraph 5 and they are consistent with the other obligations of the Agreement.

New Financial Services

7

A Member shall permit financial service suppliers of any other Member established in its territory to offer in its territory any new financial service.

Transfers of Information and Processing of Information

8

No Member shall take measures that prevent transfers of information or the processing of financial information, including transfers of data by electronic means, or that, subject to importation rules consistent with international agreements, prevent transfers of equipment, where such transfers of information, processing of financial information or transfers of equipment are necessary for the conduct of the ordinary business of a financial service supplier. Nothing in this paragraph restricts the right of a Member to protect personal data, personal privacy and the confidentiality of individual records and accounts so long as such right is not used to circumvent the provisions of the Agreement,

Temporary Entry of Personnel

9 (a)

Each Member shall permit temporary entry into its territory of the following personnel of a financial service supplier of any other Member that is establishing or has established a commercial presence in the territory of the Member:

(i): senior managerial personnel possessing proprietary information essential to the establishment, control and operation of the services of the financial service supplier; and
(ii): specialists in the operation of the financial service supplier,

(b)

Each Member shall permit, subject to the availability of qualified personnel in its territory, temporary entry into its territory of the following personnel associated with a commercial presence of a financial service supplier of any other Member:

(i): specialists in computer services, telecommunication services and accounts of the financial service supplier; and
(ii): actuarial and legal specialists.

Non-discriminatory Measures

10

Each Member shall endeavour to remove or to limit any significant adverse effects on financial service suppliers of any other Member of:

(a): non-discriminatory measures that prevent financial service suppliers from offering in the Member's territory, in the form determined by the Member, all the financial services permitted by the Member;
(b): non-discriminatory measures that limit the expansion of the activities of financial service suppliers into the entire territory of the Member;
(c): measures of a Member, when such a Member applies the same measures to the supply of both banking and securities services, and a financial service supplier of any other Member concentrates its activities in the provision of securities services; and
(d): other measures that, although respecting the provisions of the Agreement, affect adversely the ability of financial service suppliers of any other Member to operate, compete or enter the Member's market;

provided that any action taken under this paragraph would not unfairly discriminate against financial service suppliers of the Member taking such action.

11

With respect to the non-discriminatory measures referred to in subparagraphs 10(a) and (b), a Member shall endeavour not to limit or restrict the present degree of market opportunities nor the benefits already enjoyed by financial service suppliers of all other Members as a class in the territory of the Member, provided that this commitment does not result in unfair discrimination against financial service suppliers of the Member applying such measures.

C. National Treatment

1

Under terms and conditions that accord national treatment, each Member shall grant to financial service suppliers of any other Member established in its territory access to payment and clearing systems operated by public entities, and to official funding and refinancing facilities available in the normal course of ordinary business. This paragraph is not intended to confer access to the Member's lender of last resort facilities.

2

When membership or participation in, or access to, any self-regulatory body, securities or futures exchange or market, clearing agency, or any other organization or association, is required by a Member in order for financial service suppliers of any other Member to supply financial services on an equal basis with financial service suppliers of the Member, or when the Member provides directly or indirectly such entities, privileges or advantages in supplying financial services, the Member shall ensure that such entities accord national treatment to financial service suppliers of any other Member resident in the territory of the Member.

D. Definitions

For the purposes of this approach:

1.: A non-resident supplier of financial services is a financial service supplier of a Member which supplies a financial service into the territory of another Member from an establishment located in the territory of another Member, regardless of whether such a financial service supplier has or has not a commercial presence in the territory of the Member in which the financial service is supplied.
2.: ‘Commercial presence’ means an enterprise within a Member's territory for the supply of financial services and includes wholly- or partly-owned subsidiaries, joint ventures, partnerships, sole proprietorships, franchising operations, branches, agencies, representative offices or other organizations,
3.: A new financial service is a service of a financial nature, including services related to existing and new products or the manner in which a product is delivered, that is not supplied by any financial service supplier in the territory of a particular Member but which is supplied in the territory of another Member.

International Bovine meat agreement

The Parties to this Agreement,

Convinced that increased international cooperation should be carried out in such a way as to contribute to the achievement of greater liberalization, stability and expansion in international trade in meat and live animals;

Taking into account the need to avoid serious disturbances in international trade in bovine meat and live animals;

Recognizing the importance of production and trade in bovine meat and live animals for the economies of many countries, especially for certain developed and developing countries;

Mindful of their obligations to the principles and objectives of the General Agreement on Tariffs and Trade 1994 (hereinafter referred to as ‘GATT 1994’); 19.

Determined, in carrying out the aims of this Agreement to implement the principles and objectives agreed upon in the Tokyo Declaration of Ministers dated 14 September 1973, in particular as concerns special and more favourable treatment for developing countries;

Hereby agree as follows:

Article I. Objectives

The objectives of this Agreement shall be:

1.

to promote the expansion, ever greater liberalization and stability of the international meat and livestock market by facilitating the progressive dismantling of obstacles and restrictions to world trade in bovine meat and live animals, including those which compartmentalize this trade, and by improving the international framework of world trade to the benefit of both consumer and producer, importer and exporter;

2.

to encourage greater international cooperation in all aspects affecting the trade in bovine meat and live animals with a view in particular to greater rationalization and more efficient distribution of resources in the international meat economy;

3.

to secure additional benefits for the international trade of developing countries in bovine meat and live animals through an improvement in the possibilities for these countries to participate in the expansion of world trade in these products by means of inter alia:

a): promoting long-term stability of prices in the context of an expanding world market for bovine meat and live animals; and
b): promoting the maintenance and improvement of the earnings of developing countries that are exporters of bovine meat and live animals;

the above with a view thus to deriving additional earnings, by means of securing long-term stability of markets for bovine meat and live animals;

4.

to further expand trade on a competitive basis taking into account the traditional position of efficient producers.

Article II. Product Coverage

This Agreement applies to the products listed in the Annex and to any other product that may be added by the International Meat Council (hereinafter also referred to as ‘the Council’), as established under the terms of Article V, in order to accomplish the objectives and provisions of this Agreement.

Article III. Information and Market Monitoring

1

Each Party shall provide regularly and promptly to the Council the information which will permit the Council to monitor and assess the overall situation of the world market for meat and the situation of the world market for each specific meat.

2

Developing country Parties shall furnish the information available to them. In order that these Parties may improve their data collection mechanism, developed country 20.Parties, and any developing country Parties able to do so, shall consider sympathetically any request to them for technical assistance.

3

The information that the Parties undertake to provide pursuant to paragraph 1, according to the modalities that the Council shall establish, shall include data on past performance and current situation, and an assessment of the outlook regarding production (including the evolution of the composition of herds), consumption, prices, stocks of and trade in the products referred to in Article II, and any other information deemed necessary by the Council, in particular on competing products. Parties shall also provide information on their domestic policies and trade measures including bilateral and plurilateral commitments in the bovine sector, and shall notify as early as possible any changes in such policies and measures that are likely to affect international trade in bovine meat and live animals. The provisions of this paragraph shall not require any Party to disclose confidential information which would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of particular enterprises, public or private.

4

The Secretariat of the World Trade Organization (hereinafter referred to as ‘;Secretariat’) shall monitor variations in market data, in particular herd sizes, stocks, slaughtering and domestic and international prices, so as to permit early detection of the symptoms of any serious imbalance in the supply and demand situation. The Secretariat shall keep the Council apprized of significant developments on world markets, as well as prospects for production, consumption, exports and imports. The Secretariat shall draw up and keep up to date an inventory of all measures affecting trade in bovine meat and live animals, including commitments resulting from bilateral, plurilateral and multilateral negotiations.

Article IV. Functions of the International Meat Council and Cooperation between the Parties

1

The Council shall meet in order to:

a): evaluate the world supply and demand situation and outlook on the basis of an interpretative analysis of the present situation and of probable developments drawn up by the Secretariat, on the basis of documentation provided in conformity with Article III, including that relating to the operation of domestic and trade policies and of any other information available to the Secretariat;
b): proceed to a comprehensive examination of the functioning of this Agreement;
c): provide an opportunity for regular consultation on all matters affecting international trade in bovine meat.

2

If after evaluation of the world supply and demand situation referred to in paragraph 1a), or after examination of all relevant information pursuant to paragraph 3 of Article III, the Council finds evidence of a serious imbalance or a threat thereof in the international meat market, the Council will proceed by consensus, taking particular account of the situation in developing countries, to identify for consideration by governments 21.possible solutions to remedy the situation consistent with the principles and rules of GATT 1994.

3

Depending on whether the Council considers that the situation defined in paragraph 2 is temporary or more durable, the measures referred to in paragraph 2 could include short-, medium-, or long-term measures taken by importers as well as exporters to contribute to improve the overall situation of the world market consistent with the objectives and aims of this Agreement, in particular the expansion, ever greater liberalization, and stability of the international meat and livestock markets.

4

When considering the suggested measures pursuant to paragraphs 2 and 3, due consideration shall be given to special and more favourable treatment to developing countries, where this is feasible and appropriate.

5

The Parties undertake to contribute to the fullest possible extent to the implementation of the objectives of this Agreement set forth in Article 1. To this end, and consistent with the principles and rules of the Gatt 1994, Parties shall, on a regular basis, enter into the discussions provided in paragraph Ic) with a view to exploring the possibilities of achieving the objectives of this Agreement, in particular the further dismantling of obstacles to world trade in bovine meat and live animals. Such discussions should prepare the way for subsequent consideration of possible solutions of trade problems consistent with the rules and principles of the GATT 1994, which could be jointly accepted by all the Parties concerned, in a balanced context of mutual advantages.

6

Any Party may raise before the Council any matter 22.affecting this Agreement, inter alia, for the same purposes provided for in paragraph 2. The Council shall, at the request of a Party, meet within a period of not more than fifteen days to consider any matter affecting this Agreement.

Article V. Administration

1. International Meat Council

An International Meat Council shall be established within the framework of the World Trade Organization (hereinafter referred to as ‘the WTO‘). The Council shall comprise representatives of all Parties to the Agreement and shall carry out all the functions which are necessary to implement the provisions of the Agreement. The Council shall be serviced by the Secretariat. The Council shall establish its own rules of procedure. The Council may, as appropriate, establish subsidiary working groups or other bodies.

2. Regular and special meetings

The Council shall normally meet as appropriate, but not less than twice each year. The Chairman may call a special meeting of the Council either on his own initiative or at the request of a Party to this Agreement.

3. Decisions

4. Cooperation with other organizations

The Council shall make arrangements as appropriate for consultation or cooperation with intergovernmental and non-governmental organizations.

5. Admission of observers

a)

The Council may invite any non-Party government to be represented at any of its meetings as an observer and may determine rules on the rights and obligations of observers, in particular with respect to the provision of information.

b)

The Council may also invite any of the organizations referred to in paragraph 4 to attend any meeting as an observer.

Article VI. Final provisions

1. Acceptance

a): This Agreement is open for acceptance, by signature or otherwise, by any State or separate customs territory possessing full autonomy in the conduct of its external commercial relations and of the other matters provided for in the Agreement establishing the WTO (hereinafter referred to as ‘WTO Agreement’), and by the European Communities.
b): Reservations may not be entered without the consent of the other Parties.
c): Acceptance of this Agreement shall carry denunciation of the Arrangement Regarding Bovine Meat, done at Geneva on 12 April 1979, which entered into force on 1 January 1980, for Parties having accepted that Arrangement. Such denunciation shall take effect on the date of entry into force of this Agreement for that Party.

2. Entry into force<

This Agreement shall enter into force for those Parties having accepted it, on the date of entry into force of the WTO Agreement. For Parties accepting this Agreement after that date, it shall be effective from the date of their acceptance.

3. Validity

This Agreement shall remain in force tor three years. The duration of this Agreement shall be extended for further periods of three years at a time, unless the Council, at least eighty days prior to each date of expiry, decides otherwise.

4. Amendment

5. Relationship between the Agreement and other Agreements

Nothing in this Agreement shall affect the rights and obligations of Parties under the General Agreement on Tariffs and Trade or the WTO Agreement. 23.

6. Withdrawal

Any Party may withdraw from this Agreement. Such withdrawal shall take effect upon the expiration of sixty days from the date on which written notice of withdrawal is received by the Director-General of the WTO.

7. Deposit

Until the entry into force of the WTO Agreement, the text of this Agreement shall be deposited with the Director-General to the CONTRACTING Parties to GATT who shall promptly furnish A certified copy thereof and a notification of each acceptance thereof to each Party. The texts of this Agreement in the English, French and Spanish languages shall all be equally authentic. This Agreement, and any amendments thereto, shall, upon the entry into force of the WTO Agreement, be deposited with the Director-General of the WTO.

8. Registration

This Agreement shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.

DONE at Marrakesh on this fifteenth day of April nineteen hundred and ninety four.

Annex Product coverage

This Agreement applies to bovine meat. For the purpose of this Agreement, the term ‘bovine meat’ is considered to include the following products, as defined by the Harmonized Commodity Description and Coding System (‘Harmonized System’) established by the Customs Co-operation Council 24.;

HS code
01.02 — Live bovine animals:
	0102.10 — Pure-bred breeding animals
	0102.90 — Other
02.01 — Meat of bovine animals, fresh or chilled:
	0201.10 — Carcasses and half-carcasses
	0201.20 — Other cuts with bone-in
	0201.30 — Boneless
02.02 — Meat of bovine animals, frozen:
	0202.10 — Carcasses and half-carcasses
	0202.20 — Other cuts with bone-in
	0202.30 — Boneless
02.06 — Edible offal of bovine animals, fresh, chilled or frozen:
	0206.10 — Of bovine animals, fresh or chilled
	— Of bovine animals, frozen:
	0206.21 — Tongues
	0206.22 — Livers
	0206.29 — Other
02.10 — Meat and edible meat offal, salted, in brine, dried or smoked; edible flours and meals of meat or meat offal:
	0210.20 — Meat of bovine animals
	ex0210.90 — Edible offal of bovine animals
16.02 — Other prepared or preserved meat, meat offal or blood:
	1602.50 — Of bovine animals

Toon alle voetnoten

Voetnoten

In this Agreement and in the Annex thereto, the term ‘country’ is deemed to include the European Communities as well as any separate customs territory Member of the World Trade Organization.

This provision shall apply only among Parties that are Members of the World Trade Organization.

For those Parties which have not yet implemented the Harmonized System, the following Customs Co-operation Council Nomenclature applies with respect to Article II of this Agreement and Article 1 of the Annex:

: CCCN
: Milk and cream, fresh, not concentration or sweetened 04.01
: Milk and cream, preserved, concentrated or sweetened 04.02
: Butter 04.03
: Cheese and curd 04.04
: Casein ex 35.01

It is confirmed that the term ‘matter’ in this paragraph includes any matter which is covered by Multilateral Trade Agreements annexed to the Agreement Establishing the World Trade Organization, in particular those bearing on export and import measures.

For the purpose of this Agreement, the term ‘government’ is deemed to include the competent authorities of the European Communities.

This provision shall apply only among Parties that are Members of the WTO or GATT.

Derived from the manufacture of butter and anhydrous milk fat.

As defined in Article 2c) of this Annex.

See Attachment B, ‘Schedule of Price Differentials According to Milk Fat Content’.

10.

See Article 2 of this Annex.

11.

See Attachment C, ‘Register of Processes and Control Measures’. It is understood that exporters would be permitted to ship skimmed milk powder and buttermilk powder for animal feed purposes in an unaltered state to importers which have had their processes and control measures inserted in the Register. In this case, exporters shall so inform the Committee.

12.

These processes and control measures apply to buttermilk powder as well as to skimmed milk powder intended for animal feed.

13.

These processes and control measures apply to buttermilk powder as well as to skimmed milk powder intended for animal feed. (See Regulation (EEC) No. 804/68. Article 10:1.)

14.

OJ No. L 199 of 7 August 1979, page 1.

15.

OJ No. L 310 of 14 December 1993. page 28.

16.

This colouring mater to be used only in combination with one or more of the others included in the above list.

12.

These processes and control measures apply to buttermilk powder as well as to skimmed milk powder intended for animal feed.

17.

MCP— mixture with calcium and phosphate content.

12.

These processes and control measures apply to buttermilk powder as well as to skimmed milk powder intended for animal feed.

12.

These processes and control measures apply to buttermilk powder as well as to skimmed milk powder intended for animal feed.

18.

This list does not alter existing notification requirements in the Multilateral Trade Agreements in Annex 1A to the WTO Agreement or, where applicable, the Pluriteral Trade Agreement in Annex 4 of the WTO Agreement.

19.

This provision shall apply only among Parties that are Members of the World Trade Organization.

20.

In this Agreement the term ‘country’ is deemed to include the European Communities as well as any separate customs territory Member of the World Trade Organization.

21.

For the purpose of this Agreement, the term ‘government’ is deemed to include the competent authorities of the European Communities.

22.

It is confirmed that the term ‘matter’ in this paragraph includes any matter which is covered by Multilateral Trade Agreements annexed to the Agreement Establishing the WTO, in particular those bearing on export and import measures.

23.

This provision shall apply only among Parties that are Members of the WTO or the GATT.

24.

For those Parties which have not yet implemented the Harmonized System, the following Customs Co-operation Council Nomenclature applies with respect to Article II: CCCN

a): Live bovine animals 01.02
b): Meat and edible offals of bovine animals, fresh, chilled or frozen ex 02.01
c): Meat and edible offals of bovine animals, salted, in brine, dried or smoked ex 02.06
d): Other prepared or preserved meat or offal of bovine animals ex 16.02