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The following text is intended for general reference only. It is currently under review for accuracy and completeness, as well as formatting.
EUROPEAN COMMISSION
Permanent Delegation to the International Organizations in Geneva
The Head of Delegation
Dear Ambassador,
I have the honor to confirm the understandings reached between our delegations in the course of the Uruguay Round of multilateral trade negotiations concerning the implementation of the Marrakesh Agreement Establishing the World Trade Organization and related matters.
Those understandings are contained in the attachments to this letter.
Yours sincerely,
Jean-Pierre LENG
Ambassador
H.E. Mr Booth GARDNER
Permanent Mission of the United States
Avenue de la Paix, 1-3
1202 GENEVA
Address: Post Box 195, 37-39, rue Vermont,
CH-1211 GENEVA 20.
Telephone :.......
Telefax : 734 22 36.
Telex: 414165 ECO CH
TARIFF-RATE QUOTAS FOR CHEESE
With a view to clarifying elements of the letter from Alonzo L. McDonald, Ambassador of the United States to Mr. Claude Villan, Director General for Agriculture, European Economic Community, dated April 12, 1979, so as to permit the maximum utilization of cheese tariff-rate quotas, the United States agrees to follow the following procedures when considering a country of origin adjustment:
1. The United States Department of Agriculture (USDA) shall notify the European Commission immediately when a request for a country of origin adjustment with respect to an allocation to the European Communities of a tariff-rate quota for cheese is received from an importer or when such an adjustment is being considered by USDA.
2. USDA and the European Commission shall consult within 20 working days following any such notification.
3. During these consultations it should be determined by mutual agreement whether the cheese under consideration is available in the European Community. If it is concluded that the cheese is available, the United States shall not proceed with a country of origin adjustment of the quota concerned. In considering whether cheese is available, factors such as fill rates for the year in question, the market situation, and other relevant factors will be reviewed.
MEDITERRANEAN PREFERENCES, CITRUS AND PASTA, AND CANNED FRUIT AND DRIED GRAPES
I have the honor to refer to the Agreements between the European Economic Community and the United States of America on the Mediterranean preferences, citrus and pasta and on canned fruit and dried grapes.
The European Commission is pleased to confirm that the Agreement between the European Economic Community and the United States of America on the Mediterranean preferences, citrus and pasta, in the form of an Exchange of Letters dated 24 February 1987, with a subsequent Settlement on Community exports of pasta products to the United States of America in the form of an Exchange of letters dated 12 August and 15 September 1987 is of continuing validity and application. The European Community reserves the right to ask for a review of this agreement in the light of the results of the Uruguay Round.
The European Commission is also pleased to confirm that the provisions of the agreement between the European Economic Community and the United States of America on canned fruit and dried grapes in the form of an Exchange of Letters dated 29 November and 3 December 1985 (further clarified in an Exchange of Letters dated 30 June 1989 and in an Exchange of Letters dated 14 April 1992), stipulating that the Community will fix the aid for canned peaches in such a way as not to subsidize the processing operations for peaches in syrup either canned as such or as part of fruit mixtures are of continuing validity and application.
SPECIAL AGRICULTURAL SAFEGUARDS
According to Council Regulation (EC) No 3290/94, the European Community will apply the additional import duty which can be charged on the basis of Article 5 of the Agreement on Agriculture annexed to the Marrakesh Agreement Establishing the World Trade Organization if the conditions set out in that article have been fulfilled, unless the imports are unlikely to disturb the market of the European Community or the effects of such application would be disproportionate to the anticipated objective.
IMPORTS ON NON-GRAIN FEED INGREDIENT
The United States agrees that, if imports of non-grain feed ingredients into the European Community increase to a level beyond the 1990-92 average imports of these products, the European Commission and the United States agree to consult with a view to finding a mutually acceptable solution.
PREFERRED IMPORTER CHEESE
With respect to the allocation under the tariff-rate quota of the United States to the European Community of 5,500 metric tons of cheese of various types granted by the United States to the European Community in the context of the Uruguay Round of multilateral trade negotiations, the following conditions shall prevail:
1. This quantity shall not be subject to reallocation to other suppliers without the consent of the Commission of the European Communities. The U.S. shall inform immediately the Commission of the European Communities of any request for reallocation.
2. The Commission of the European Communities may designate U.S. importers for this quantity if it so chooses;
3. This quantity shall be subject to the terms of paragraphs 3 and 4 of the Arrangement Between the US. and the Community Concerning Cheese concluded in the context of the Tokyo Round of multilateral trade negotiations and to Section 702 of the US. Trade Agreements Act of 1979, as amended, which establishes certain procedures and remedies in cases where subsidized imported cheese undercuts U.S. domestic prices.
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
1-3 AVENUE DE LA PAIX
1202 GENEVA. SWITZERLAND
July 1, 1996
H.E. Mr. Jean-Pierre Leng
Ambassador
Permanent Delegation of the European Commission
Rue de Vermont 37-39
1202 Geneva
Dear Mr. Ambassador:
Thank you for your letter of June 26, 1996, concerning the understandings reached between our delegations in the course of the Uruguay Round of multilateral trade negotiations.
I have the pleasure of confirming those understandings contained in the attachments to your letter.
Sincerely,
Booth Gardner
Ambassador
Sincerely,
/s/
Booth Gardner
Ambassador
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