The position to be taken on the Union’s behalf within the General Council of the World Trade Organization at any meeting to be held by 31 March 2022, or thereafter if a further extension is agreed, shall be to support a consensus-based outcome with a view to adopting a decision concluding the review of the operation of the Decision of the WTO Ministerial Conference of 7 December 2013 on the Understanding of Tariff Rate Quota Administration Provisions of Agricultural Products, as defined in Article 2 of the Agreement on Agriculture (WT/MIN(13)/39), and rendering paragraphs 13 to 15 of that Decision, along with Annex B to that Decision, non-operational, as set out in the draft decision set out in the annex to the report contained in document G/AG/32, which is attached to this Decision.
Minor changes to the draft decision set out in the annex to the report contained in document G/AG/32 may be agreed to by the representatives of the Union in the General Council of the WTO without a further decision of the Council.
This Decision shall enter into force on the date of its adoption.
ANNEXSupplementary provisions
ANNEX
The Ministerial Conference,
Having regard to paragraph 1 of Article IX of the Marrakesh Agreement establishing the World Trade Organization (the ‘WTO Agreement’);
Noting the Ministerial Decision of 7 December 2013 on Understanding on Tariff Rate Quota Administration Provisions of Agricultural Products, as Defined in Article 2 of the Agreement on Agriculture (WT/MIN(13)/39-WT/L/914) dated 11 December 2013 (hereinafter referred to as the ‘Bali Decision on TRQ Administration’);
Recalling the recommendations of the Review of the operation of the Bali Decision on TRQ Administration in Annex 2 to G/AG/29 approved by the General Council at its meeting on 9-10 December 2019;
Recognizing that paragraph 1 of the aforementioned recommendations set the deadline of 31 December 2021 for a decision on the future operation of paragraph 4 of Annex A of the Bali Decision on TRQ Administration;
Decides that:
1.
Paragraph 4 of Annex A of the Bali Decision on TRQ Administration shall be read as follows:
4.a.
The importing Member shall then promptly provide unencumbered access via one of the following tariff quota administration methods ( 2 ) , ( 3 ) : a first-come, first-served only basis (at the border); or an automatic, unconditional license on demand system within the tariff quota. In taking a decision on which of these two options to implement, the importing Member will consult with interested exporting Members. The method selected shall be maintained by the importing Member for a minimum of two years, after which time – provided that timely notifications for the two years have been submitted – it will be noted on the Secretariat’s tracking register and the concern marked “closed”.
4.b.
Developing country Members may choose an alternative tariff quota administration method or maintain the current method in place. This choice of an alternative tariff quota administration method shall be notified to the Committee on Agriculture under the provisions of this mechanism. The method selected shall be maintained by the importing Member for a minimum of two years, after which time, if the fill rate has increased by two-thirds of the annual increments described in paragraph 3(b), it will be noted on the Secretariat’s tracking register and the concern marked “closed”. At the request of an interested Member, the provisions under paragraph 4(a) shall apply if after the two years the fill rate has not increased at least by two-thirds of the annual increments described in paragraph 3(b). If no request is made, the concern shall be marked as “closed”.
2.
Henceforth, paragraphs 13-15 of the Bali Decision on TRQ Administration, along with Annex B, are rendered non-operational.
( 2 ) The actions and remedies taken by the importing Member shall not modify or impede the rights of a Member holding a country-specific allocation for that tariff quota with respect to their country-specific allocation.
( 3 ) In the event of a conflict, the specific provisions on tariff quota import arrangements specified in the importing Member’s Schedule of Concessions shall prevail to the extent of the conflict.
