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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.
EXCHANGE OF LETTERS BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES ON A SETTLEMENT FOR CEREALS AND RICE
A. Letter from the European Community Brussels, December 30, 1995
Sir,
I have the honour to confirm the following understanding reached between the delegations of the United States and the European Community:
1. The United States and the European Community agree that in the first quarter of 1996 and subsequently at the request of either party, the United States Government and the Commission of the European Communities shall review the functioning of the "representative price" system for cereals and rice. If it appears to either party that the functioning of the system is materially impeding trade flows between the parties, the Commission in consultation with the United States Government shall promptly examine the problems identified with a view to implementing appropriate solutions. For the marketing year 1996-1997 a cumulative recovery system for husked (brown) rice will be developed by the Commission in consultation with the United States Government and introduced on a trial basis.
2. During the review and consultations, the Commission and the United States Government shall share all relevant data in order to ensure transparency and facilitate appropriate solutions to problems raised. The confidentiality of such data will be protected.
3. To ensure accuracy and transparency in administration, the European Community shall ensure that the "representative prices" it uses for determining the Community duties on imports of rice are based on the most up-to-date and widely-available price data.
4. The United States shall withdraw its current request (November 1995) for the establishment of a WTO dispute settlement panel on the European Community's import regime for rice and cereals. The United States shall not reintroduce such request, provided that there is effective implementation of the provisions of this Agreement.
5. The European Community will not undermine United States trade interests in rice and cereals in the ongoing negotiations on these products in the WTO framework.
6. If the market share of EC-origin wheat gluten imports into the United States increases in comparison to their average 1990-1992 market share, the European Commission and the United States Government shall consult with a view to finding a mutually acceptable solution.
7. Subject to the terms of this agreement, each party reserves all of its WTO rights.
I have the honour to propose that this letter and your letter in reply will constitute an agreement between our two authorities.
Please accept, Sir, the assurance of my highest consideration.
On behalf of
the Council of the European Union
B. Letter from the United States Geneva, July 22, 1996
Sir,
I have the honour to acknowledge receipt of your letter of December 30, 1995 which reads as follows:
"I have the honour to confirm the following understanding reached between the delegations of the United States and the European Community:
1. The United States and the European Community agree that in the first quarter of 1996 and subsequently at the request of either party, the United States Government and the Commission of the European Communities shall review the functioning of the "representative price" system for cereals and rice. If it appears to either party that the functioning of the system is materially impeding trade flows between the parties, the Commission in consultation with the United States Government shall promptly examine the problems identified with a view to implementing appropriate solutions. For the marketing year 1996-1997 a cumulative recovery system for husked (brown) rice will be developed by the Commission in consultation with the United States government and introduced on a trial basis.
2. During the review and consultations, the Commission and the United States Government shall share all relevant data in order to ensure transparency and facilitate appropriate solutions to problems raised. The confidentiality of such data will be protected.
3. To ensure accuracy and transparency in administration, the European Community shall ensure that the "representative prices" it uses for determining the Community duties on imports of rice are based on the most up-to-date and widely-available price data.
4. The United States shall withdraw its current request (November 1995) for the establishment of a WTO dispute settlement panel on the European Community's import regime for rice and cereals. The United States shall not reintroduce such request, provided that there is effective implementation of the provisions of this Agreement.
5. The European Community will not undermine United States trade interests in rice and cereals in the ongoing negotiations on these products in the WTO framework.
6. If the market share of EC-origin wheat gluten imports into the United States increases in comparison to their average 1990-1992 market share, the European Commission and the United States Government shall consult with a view to finding a mutually acceptable solution.
7. Subject to the terms of this agreement, each party reserves all of its WTO rights.
I have the honour to propose that this letter and your letter in reply will constitute an agreement between our two authorities."
I have the honour to confirm that the above is acceptable to my Government and that your letter and this letter constitute an agreement in accordance with your proposal.
Please accept, Sir, the assurance of my highest consideration.
For the
Government of the United States of
America
EXCHANGE OF LETTERS BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES ON RICE PRICES
A. Letter from the European Community Brussels, December 30, 1995
Sir,
During our recent discussions on the operation of the Community rules for calculating the Community import duties for rice, we have reviewed data relating to the market situation during 1995/1996 marketing year.
In the light of these discussions, the European Community will substitute, with effect from 1 January 1996, for the "representative price" currently used for determining these duties on husked parboiled rice and husked rice for the remainder of the 1995/1996 marketing year, the average of the price for No 1 Brown Parboiled 4/88 per cent rice and the currently used price (No 2 Brown 4/73 per cent rice) as reported in the USDA weekly Rice Market News. This "representative price" will be reviewed with the United States Government during the consultations for establishing the Cumulative Recovery System as referred to in the exchange of letters on the grains settlement.
I should be obliged if you would acknowledge receipt of this letter.
Please accept, Sir, the assurance of my highest consideration.
On behalf of
the Council of the European Union
B. Letter from the United States Geneva, July 22, 1996
Sir,
I have the honour to acknowledge receipt of your letter of December 30, 1995 which reads as follows:
"During our recent discussions on the operation of the Community rules for calculating the Community import duties for rice, we have reviewed data relating to the market situation during 1995/1996 marketing year. In the light of these discussions, the European Community will substitute, with effect from 1 January 1996, for the "representative price" currently used for determining these duties on husked parboiled rice and husked rice for the remainder of the 1995/1996 marketing year, the average of the price for No 1 Brown Parboiled 4/88 per cent rice and the currently used price (No 2 Brown 4/73 per cent rice) as reported in the USDA weekly Rice Market News. This "representative price" will be reviewed with the United States Government during the consultations for establishing the Cumulative Recovery System as referred to in the exchange of letters on the grains settlement."
Please accept, Sir, the assurance of my highest consideration.
For the
Government of the United States of
America
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
EXECUTIVE OFFICE OF THE PRESIDENT
WASHINGTON
20506
22 July 1996
Mr. H.F. Beseler
Deputy Director General
European Conimission
Rue de la Loi 200
1049 Brussels, Belgium
Dear Mr. Beseler,
With reference to the agreement signed today between the United States and the European Community concluding our negotiations under Article XXIV:6 of the GATT 1994 consequent upon the accession to the European Union of Austria, Finland and Sweden, I wish to confirm on behalf of my authorities that our joint understanding with regard to Annex (a) and the footnote thereto is as follows:
Annex (a) incorporates as an integral part thereof the Annexes to Regulation (EC) N'3093/95, page 1 of Official Journal L 334 of 30 December 1995. I also wish to confirm our agreement that a copy of this exchange of letters will be deposited with the WTO Secretariat and will be accepted as a basis for any interpretation of the concessions provided for in Schedule CXL.
I further wish to confirm our agreement that the agreement signed today for conclusion of negotiations under Article XXIV:6, as well as the exchange of letters signed on December 30, 1995 and today on a settlement for cereals and rice, both enter into force today with effect from December 30,1995.
With best regards,
Jeffrey M. Lang
Deputy United States Trade
Representative
EUROPEAN COMMISSION
DIRECTORATE GENERAL I
EXTERNAL RELATIONS: COMMERCIAL POLICY
AND RELATIONS WITH NORTH AMERICA, THE FAR EAST, AUSTRALIA AND NEW
ZEALAND
Deputy Director-General (WTO, OECD, sectoral commercial questions, export credits, export promotion and external relations in the research, science, nuclear energy and environment fields)
22 July 1996
Dear Ambassador Lang,
With reference to the agreement signed today between the United States and the European Community concluding our negotiations under Article XXIV:6 of the GATT 1994 consequent upon the accession to the European Union of Austria, Finland and Sweden, I wish to confirm on behalf of my authorities that our joint understanding with regard to Annex (a) and the footnote thereto is as follows:
Annex (a) incorporates as an integral part thereof the Annexes to Regulation (EC) N'3093/95, page 1 of Official Journal L 334 of 30 December 1995 I also wish to confirm our agreement that a copy of this exchange of letters will be deposited with the WTO Secretariat and will be accepted as a basis for any interpretation of the concessions provided for in Schedule CXL.
I further wish to confirm our agreement that the agreement signed today for conclusion of negotiations under Article XXIV:6, as well as the exchange of letters signed on December 30, 1995 and today on a settlement for cereals and rice, both enter into force today with effect from December 30, 1995.
With best regards,
H.F. BESELER
The Honourable Jeffrey M. Lang
Deputy United States Trade
Representative
Executive Office of the President
600, 17th St. NW
Washington, DC 20508
Rue de la Loi 200, B-1049 Bruxelles/Wetstraat 200, B-1049 Brussel - Belgium - Office: B. 28 5/80.
Telephone: direct line 295 23 22, exchange (+32-2)299.11.11. Fax: 299 02 07.
Telex: COMEU B 21877. Telegraphic address: COMEUR Brussels.
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