| 日期： | 2023/02/01 |
|---|---|
| 作者： | Costa Rica |
| 文件編號： | G/AG/W/230 |
| 附件下載： | GAGW230.pdf |
| 因為版本問題，開啟附件時可能會出現錯誤訊息，如「檔案已損毀」的訊息，請您忽略此訊息，即可正常開啟 |
THE OPERATION OF THE BALI MINISTERIAL
DECISION[1]
ON TRQ ADMINISTRATION
COMMUNICATION FROM COSTA RICA
The following communication,
dated 1 February 2023, is being circulated at the request of Costa Rica
_______________
1.1. The Understanding on tariff rate quota administration provisions of
agricultural products, as defined in article 2 of the Agreement on Agriculture,
(WT/MIN(13)/39) (hereinafter known as the Bali Decision on TRQ Administration)
establishes in paragraph 13 that the review of the operation of the Decision
shall have as objective "to promote a
continuing process of improvement in the utilization of tariff rate quotas".
1.2. In the context of the first review of the Bali Decision on TRQ
Administration, and as part of the recommendations contained in Annex 2 of
G/AG/29, Members also recognized "the
importance of enhanced transparency of TRQ administration and fill rates as
well as a timely submission of notifications by Members (…)” and instructed to
Committee to initiate discussion on harmonization of Members' TRQ notification
practices, including for the TRQ fill rates (see paragraph 2a).
1.3. During the most recent review exercise initiated in 2022, some
Members have noted the need to update the information requirements on TRQ
administration systems in accordance with paragraphs 2-5 of the Bali Decision
on TRQ Administration and the Agreement on Import Licensing Procedures.
1.4. Paragraphs 2 to 5 of the Bali Decision on TRQ Administration
establish procedures that may require changes to a Member's TRQ administration
regime. In turn, these changes must be notified to the Committee on Agriculture
as part of the existing obligations related to MA:1 notifications. However, the
most recent report prepared by the Secretariat in G/AG/W/183/Rev.2 indicates
that since the approval of the Bali Decision in 2013, out of 68 MA:1
notifications, "only one notification
made a specific reference to the change in the TRQ administration methods
effected pursuant to the Bali TRQ Decision" and no question
since then has made specific reference to compliance with the new requirements
emanating from the Decision (see paragraph 4.16).
1.5. The MA:1 notification format was not updated after the approval of
the Bali Decision on TRQs, and its current design does not explicitly capture
the required information. A recent presentation by the WTO Secretariat on the
Import Licensing notifications also confirmed the difficulty in correlating the
information on TRQ Administration systems contained in both notifications.
1.6. In light of the above, Costa Rica is of the view that MA:1
notifications must be updated appropriately and submits the following table and
an amended draft MA:1 notification format (proposed changes highlighted in red)
in the Annex for the consideration of the Committee on Agriculture.
Comparative
table on administration and information requirements
|
Bali
Decision on TRQ Administration WT/MIN(13)/39
WT/L/914 |
Agreement on Import Licensing Procedures |
Administration requirement |
Information
requirement |
|
Paragraph 2: As
regards the matters referred to in paragraph 4(a) of Article 1 of that
Agreement, as these agricultural tariff quotas are negotiated and scheduled
commitments, publication of the relevant information shall be effected no
later than 90 days prior to the opening date of the tariff quota concerned.
Where applications are involved, this shall also be the minimum advance date
for the opening of applications. |
Paragraph 4(a) The
rules and all information concerning procedures for the submission of
applications, including the eligibility of persons, firms and institutions to
make such applications, the administrative body(ies) to be approached, and
the lists of products subject to the licensing requirement shall be
published, in the sources notified to the Committee on Import Licensing
provided for in Article 4 (referred to in this Agreement as "the Committee"),
in such a manner as to enable governments3
and traders to become acquainted with them. Such publication shall take
place, whenever practicable, 21 days prior to the effective date of the
requirement but in all events not later than such effective date. Any
exception, derogations or changes in or from the rules concerning licensing
procedures or the list of products subject to import licensing shall also be
published in the same manner and within the same time periods as specified
above. Copies of these publications shall also be made available to the
Secretariat. |
Publication date of the relevant information concerning procedures for the submission of
applications, including the eligibility of persons, firms and institutions to
make such applications, the administrative body(ies) to be approached, and
the lists of products subject to the licensing requirement, shall be effected no
later than 90 days prior to the opening date of the tariff quota concerned. |
- Date of publication of
the required information. - Number of days between
the publication and the opening of the TRQ concerned. |
|
Paragraph 3: As regards paragraph 6 of Article 1 of that
Agreement, applicants for scheduled tariff quotas shall apply to one
administrative body only. |
Paragraph 6 of Article 1: Application procedures and, where applicable,
renewal procedures shall be as simple as possible. Applicants shall be
allowed a reasonable period for the submission of licence applications. Where
there is a closing date, this period should be at least 21 days with
provision for extension in circumstances where insufficient applications have
been received within this period. Applicants shall have to approach only one
administrative body in connection with an application. Where it is strictly
indispensable to approach more than one administrative body, applicants shall
not need to approach more than three administrative bodies. |
Applicants to scheduled
tariff quotas shall apply to one administrative body only. |
- Name and number of administrative bodies that the applicant must
approach in connection with an application. |
|
Paragraph
4: As
regards the matters referred to in paragraph 5(f) of Article 3 of that
Agreement, the period for processing applications shall be, unqualifiedly, no
longer than 30 days for "as and when received" cases and no
longer than 60 days for "simultaneous" consideration cases. The
issuance of licences shall, therefore, take place no later than the effective
opening date of the tariff quota concerned, except where, for the latter
category, there has been an extension for applications allowed for under
Article 1.6 of that Agreement.
|
Paragraph 5(f) of
Article 3 the period for processing
applications shall, except when not possible for reasons outside the control
of the Member, not be longer than 30 days if applications are considered
as and when received, i.e. on a first-come first-served basis, and no longer
than 60 days if all applications are considered simultaneously. In the latter
case, the period for processing applications shall be considered to begin on
the day following the closing date of the announced application period; |
The period for processing applications shall be, unqualifiedly,
- no longer than 30 days for "as and
when received" cases and no longer than 60 days
for "simultaneous" consideration cases. - the issuance of licences shall
take place no later than the effective opening date of the tariff quota concerned. - for "simultaneous"
consideration cases |
- Maximum
period of time allowed for processing applications for "as and when
received cases". - Date (in days) of issuance of licences with respect to
the opening date of the tariff quota concerned.
- Maximum
period of time allowed for processing applications for
"simultaneous" consideration cases.
- Date (in days) of issuance of licences with respect to the opening date of the tariff quota concerned. |
|
Paragraph 5: As regards
Article 3.5(i), licences for scheduled tariff quotas shall be issued in
economic quantities. |
Article
3.5(i) when
issuing licences, Members shall take into account the desirability of issuing
licences for products in economic quantities; |
licences for
scheduled tariff quotas shall be issued in economic quantities |
- Any consideration when issuing licenses in economic quantities. |
Table
MA:1
MARKET ACCESS: name of Member
REPORTING PERIOD: calendar year, marketing year, etc.
Implementation
of market access opportunities: tariff and other quota commitments
|
Description of products |
Tariff item number(s) encompassed in product description |
Description of import arrangement applicable |
|
(from Section I-B (or I‑A) of Part I of the Schedule) |
|
|
|
1 |
2 |
3 |
|
|
|
Description of the arrangements to be applied in order to provide the
market access opportunities specified in the Member's Schedule, including, as
appropriate: |
|
|
|
(a) allocation
of quotas to supplying countries, including: (i) details of basis for
determining the allocation (e.g. representative period or "other
terms and conditions" as specified in Part I, Section I of Schedules);
(ii) any limitation on the period of access; |
|
|
|
(b) allocation
of licenses or of access to quotas to importers, including details of: (i) Name (and number) of Government
agency, trading or administrative body competent to grant licenses or access
to quotas, including those which have formally, or in effect, exclusive or
special privileges, that the
applicant must approach in connection with an application; (ii)
any limitations on eligibility of applicants; (iii) how licenses or access
are to be allocated by the competent agency (e.g. first-come-first-served,
pro rata); (iv) any limitations on the period of validity or use of the
licenses granted; v) any consideration
of issuing licenses
in economic quantities; |
|
|
|
(c) details
of other arrangements (not involving import licenses) under which access to
quotas is to be administered; |
|
|
|
(d) any other information relevant to the implementation of
market access opportunities under such arrangements, including: (i) date of annual publication of TRQ
administration procedures (e.g. applications process); (ii) type of
application processing (e.g. on "as and when received" or
"simultaneous" consideration basis); (iii) maximum processing time
for applications. |
__________
[1] Understanding of 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)
3 For the purpose
of this Agreement, the term "governments" is deemed to include the
competent authorities of the European Communities.
