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Working Party on the Accession of Kazakhstan - Accession of Kazakhstan - Proposal on ordinary customs duties - Communication from Brazil; Guatemala; Japan; t[...]tsu; and Switzerland - Addendum
日期:2014/11/17
作者:Kazakhstan
附件下載:JobsACC40R3.doc

Accession of Kazakhstan

COMMUNICATION FROM THE CHAIRMAN OF THE WORKING PARTY

PROPOSAL ON ORDINARY CUSTOMS DUTIES

Revision[1]

 

-       Ordinary Custom Duties

289[2]. Kazakhstan undertook bilateral market access negotiations on goods with Members of the Working Party. The results of those negotiations were reflected in a draft consolidated Schedule of Concessions and Commitments on Goods circulated by the WTO Secretariat on 26 September 2012 as document WT/ACC/SPEC/KAZ/10/Rev.3.  Following Kazakhstan's membership to the CU, some Members noted that the tariff rates applied by Kazakhstan under the CU CET differed from the results agreed to in the bilateral goods market access negotiations.  Since Kazakhstan had limited exceptions from the CU CET, these Members expressed concern that Kazakhstan would not be in a position to implement the tariff rates agreed to in the bilateral market access negotiations.

 

In response, the representative of Kazakhstan confirmed that, as a result of negotiations with those WTO Members with whom it had concluded bilateral goods market access protocols, upon accession:

 

(a)    for those goods for which the final bound tariff rate agreed in bilateral negotiations with WTO Members was lower than the final bound tariff rate of the Russian Federation as set out in its  protocol of accession [CU CET][3] Kazakhstan would bind its final bound tariff rate at the lower rate;

(b)   for those goods for which the final bound tariff rate of the Russian Federation as set out in its protocol of accession was lower than the final bound tariff rate agreed in Kazakhstan's bilateral tariff negotiations, Kazakhstan would bind its relevant final bound tariff rate at the lower final bound tariff rate of the Russian Federation;

(c)    for goods identified under subparagraph (b), Kazakhstan would adjust its bindings to reflect the staging of reductions that result from the protocol of accession of the Russian Federation; and,

(d) [For those goods for which the current bound tariff rate of the Russian Federation as set out in its protocol of accession was lower than the initial [and][or][and/or] current bound tariff agreed in Kazakhstan's bilateral tariff negotiations, Kazakhstan would bind its relevant initial [and][or][and/or] current bound tariff rate at the lower current bound tariff rate of the Russian Federation.]

 

The results of the bilateral market access negotiations and the commitments undertaken in subparagraphs (a) through (c) [(d)] are contained in the Schedule of Concessions and Commitments on Goods and form Annex 1 to the Protocol of Accession (hereafter "the Accession Schedule").

 

[289bis] Noting the fact that the tariffs that Kazakhstan applied under the CU CET were, in some cases, higher than those contained in the Accession Schedule, Members inquired how Kazakhstan would ensure the respect of its obligations stemming from its membership of both the WTO and the CU.

 

[289ter] The representative of Kazakhstan confirmed that Kazakhstan would fully implement upon accession the commitments contained in the Accession Schedule in particular through the relevant CU instruments, including the maintenance of exceptions from the CU CET with respect to tariff lines for which the Customs Union tariff rates are inconsistent with the Accession Schedule until such time as the adjusted tariff rates negotiated and agreed to pursuant to [paragraphs quater to septies] have been [bound in the modified schedule of Kazakhstan and been implemented by the EAEU] [implemented in the modified schedules of all CU members that are WTO Members].  [She further confirmed that all goods, including those referred to in subparagraph (a) of paragraph 289, entering the CU territory for import in Kazakhstan would benefit from the rules on transit as they are set out in the WTO Agreement, including Article V of the GATT 1994.]  The Working Party took note of these commitments.

 

[289quater]

 

[The representative of Kazakhstan further confirmed that no earlier than three years and six months from the date of full implementation of all the final bound tariff rates contained in the Accession Schedule for goods covered by sub-paragraph (a) of paragraph 289, Kazakhstan would seek to align the Accession Schedule with the final bound tariff rate of the Russian Federation as set out in its protocol of accession [CU CET][4] and, therefore, commence negotiations with those WTO Members that had concluded bilateral goods market access protocols with Kazakhstan and would be affected by such alignment, i.e. those holding INRs or those having a principal or substantial supplying interest by the date on which the negotiations start (hereafter "affected Members").  For that purpose, six months before the start of the negotiations Kazakhstan would notify WTO Members of its intention to commence them and would provide to Signatory Members that had concluded bilateral goods market access protocols with Kazakhstan all data relevant for the conduct of those negotiations, which includes the list of items subject to modification with the corresponding tariff line numbers and tariff rate information and statistics of imports of the products involved, by country of origin, for the last three years for which statistics are available.  The Working Party took note of these commitments.]

 

 

[The representative of Kazakhstan further [informed] [confirmed] that no earlier than three years and six months from the date of full implementation of all the final bound tariff rates contained in the Accession Schedule for goods covered by sub-paragraph (a) of paragraph 289, Kazakhstan would seek to align the Accession Schedule with the final bound tariff rate of the Russian Federation and, therefore, commence negotiations with those WTO Members that had concluded bilateral goods market access protocols with Kazakhstan or are "affected Members". For the purpose of this negotiation, affected Members are those who fall into any one of the following criteria: 

a) Hold Initial Negotiating Rights (INRs); 

b) Have a principal supplying interest (PSI);

c) Have substantial interest (SI); and 

d) In the period of 2008-2013, had an average bilateral trade flow with Kazakhstan of at least US$ 50,000.00 (fifty thousand dollars) per tariff line, per year.

 

For that purpose Kazakhstan would notify the WTO Members of its intention to commence the negotiations and all data relevant for the conduct of those negotiations [which includes the list of items subject to modification with the corresponding tariff line numbers and statistics of imports of the products involved, by country of origin, for the last three years for which statistics are available] six months before the start of the negotiations.  The Working Party took note of these commitments][5].

 

 

[289quinques] The negotiations referred to in [paragraph 289quater] would include the tariff rate increases on goods subject to subparagraph (a) of paragraph 289.  The negotiations referred to in paragraph 289quater would not include tariff rate increases on goods subject to subparagraph (b) of paragraph 289.  For goods subject to negotiation, the representative of Kazakhstan confirmed that no tariff lines subject to increase of the bound import tariff rates of Kazakhstan would be a priori excluded from the scope of these negotiations.  The Working Party took note of these commitments.

 

[289sexies] The negotiations referred to in [paragraph 289quater] would be entered into in good faith with a view to achieving within 3 years from commencement of such negotiations mutually satisfactory compensatory adjustment.  The negotiations of compensatory adjustment may include formula approaches and requests on specific priority tariff lines.  The value of compensatory adjustment  with respect to each affected Member should be calculated as the difference between the value of duties payable for the average yearly MFN imports to Kazakhstan from that affected Member that occurred during the reference period of three years of trade data available at the start of the negotiations, calculated on the basis of the final bound tariff rates of the Russian Federation, and the value of duties payable for the same trade, calculated on the basis of the final bound tariff rates of Kazakhstan.  In these negotiations any SPS measures or special circumstances existing in the CU that have affected trade during the reference period will be taken into account.  In the event that satisfactory compensatory adjustment is not achieved within the timeframe for the negotiations, the matter should be referred to the WTO General Council. The Working Party took note of these commitments.

 

 

[289septies] The representative of Kazakhstan confirmed that, as the alignment of the Schedule results from membership in a customs union, she expected that all members of the CU which are WTO Members should enter into those negotiations and participate in the compensatory tariff adjustment negotiations.  She further confirmed that the representative of the Russian Federation had stated on several occasions that the Russian Federation, which is also a member of the CU, would have to participate in such compensatory adjustment in line with WTO obligations applicable to customs unions.  [The Working Party took note of these commitments.]

 

[289octies] The representative of Kazakhstan confirmed that, under the EAEU regime described in paragraphs [251 and 252] of this Report and in paragraphs 185 and 186 of the Working party Report on the Accession of the Russian Federation to the WTO, the WTO commitments undertaken by a EAEU member are part of the EAEU legal framework.  The representative of the Russian Federation supported the statements of the representative of Kazakhstan reflected under paragraphs 289septies and 289octies.

 

[289novies] To reflect the results of these negotiations, the CU CET and the Accession Schedule will be modified.  For goods subject to negotiation according to [paragraph 289quinques] Kazakhstan confirmed that it would not have recourse to Articles XXIV:6 or XXVIII of the GATT 1994 and will continue to apply the commitments contained in the Accession Schedule from the date of its accession until such time as adjusted tariff rates are negotiated and agreed by consensus with the affected Members and [bound in the modified schedule of Kazakhstan and  implemented by the EAEU] [implemented in the modified Schedules of all CU members that are WTO Members].  [Place holder: relation between this chapter and Art. XXIV GATT 1994 to be discussed further].  The Working Party took note of these commitments.

 

 

__________



[1] This revision updates the earlier proposal by the Chairman of Working Party contained in document JOB/ACC/40, and takes account of the plurilateral meeting held with the Acceding Government of Kazakhstan, the Russian Federation and Signatory Members on 11 November 2014.  At the meeting, some Members noted that their capitals were still reviewing the draft text circulated as CRP-10, dated 7 November 2014.  As a consequence, they reserved their right to revert with their comments, if necessary.   

[2] This paragraph refers to the number in the Draft Working Party Report contained in WT/ACC/SPEC/KAZ/9/Rev.10.  In the latest version of the Draft Report contained in document WT/ACC/SPEC/KAZ/9/Rev.13, issued on 2 November 2014, this paragraph number is 306 in the "Ordinary Customs Duties" Section.

[3] One Member is considering the language.

[4] One Member is considering the language.

[5] The proposal by Australia, Brazil, Guatemala, Japan, Mexico and Switzerland (JOB/ACC/40/Add.2)