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The Parties to this Agreement,
Convinced that increased international cooperation should be carried out in such a way as to contribute to the achievement of greater liberalization, stability and expansion in international trade in meat and live animals;
Taking into account the need to avoid serious disturbances in
international trade in bovine meat and live animals;
Recognizing the importance of production and trade in bovine
meat and live animals for the economies of many countries, especially
for certain developed and developing countries;
Mindful of their obligations to the principles and objectives
of the General Agreement on Tariffs and Trade 1994 (hereinafter
referred to as” GATT 1994”);(1)
Determined, in carrying out the aims of this Agreement to
implement the principles and objectives agreed upon in the Tokyo
Declaration of Ministers dated 14 September 1973, in particular
as concerns special and more favourable treatment for developing
countries;
Hereby agree as follows:
The objectives of this Agreement shall be:
1.
to promote the expansion, ever greater liberalization and
stability of the international meat and livestock market by
facilitating the progressive dismantling of obstacles and restrictions
to world trade in bovine meat and live animals, including those which
compartmentalize this trade, and by improving the international
framework of world trade to the benefit of both consumer and producer,
importer and exporter;
2.
to encourage greater international cooperation in all aspects
affecting the trade in bovine meat and live animals with a view in
particular to greater rationalization and more efficient distribution
of resources in the international meat economy;
3.
to secure additional benefits for the international trade of
developing countries in bovine meat and live animals through an
improvement in the possibilities for these countries to participate in
the expansion of world trade in these products by means of inter
alia:
(a)
promoting long-term stability of prices in the context of an expanding world market for
bovine meat and live animals; and
(b)
promoting the maintenance and improvement of the earnings of
developing countries that are exporters of bovine meat and live
animals;
the above with a view thus to deriving additional earnings, by means of
securing long-term stability of markets for bovine meat and live animals;
4. to further expand trade on a competitive basis taking into
account the traditional position of efficient producers.
Article II: Product Coverage back to top
This Agreement applies to the products listed in the Annex and to
any other product that may be added by the International Meat Council
(hereinafter also referred to as “the Council”), as established
under the terms of Article V, in order to accomplish the objectives
and provisions of this Agreement.
Article III: Information and Market Monitoring back to top
1.
Each Party shall provide regularly and promptly to the Council the
information which will permit the Council to monitor and assess the
overall situation of the world market for meat and the situation of
the world market for each specific meat.
2.
Developing country Parties shall furnish the information
available to them. In order that these Parties may improve their data
collection mechanism, developed country(2)
Parties, and any developing country Parties able to do so, shall consider
sympathetically any request to them for technical assistance.
3.
The information that the Parties undertake to provide pursuant to
paragraph 1, according to the modalities that the Council shall
establish, shall include data on past performance and current
situation and an assessment of the outlook regarding production
(including the evolution of the composition of herds), consumption,
prices, stocks of and trade in the products referred to in Article II,
and any other information deemed necessary by the Council, in
particular on competing products. Parties shall also provide
information on their domestic policies and trade measures including
bilateral and plurilateral commitments in the bovine sector, and shall
notify as early as possible any changes in such policies and measures
that are likely to affect international trade in bovine meat and live
animals. The provisions of this paragraph shall not require any Party
to disclose confidential information which would impede law
enforcement or otherwise be contrary to the public interest or would
prejudice the legitimate commercial interests of particular
enterprises, public or private.
4.
The Secretariat of the World Trade Organization (hereinafter referred
to as “Secretariat”) shall monitor variations in market data, in
particular herd sizes, stocks, slaughtering and domestic and
international prices, so as to permit early detection of the symptoms
of any serious imbalance in the supply and demand situation. The
Secretariat shall keep the Council apprized of significant
developments on world markets, as well as prospects for production,
consumption, exports and imports. The Secretariat shall draw up and
keep up to date an inventory of all measures affecting trade in bovine
meat and live animals, including commitments resulting from bilateral,
plurilateral and multilateral negotiations.
Article IV: Functions of the International Meat Council and Cooperation between the Parties
back to top
1.
The Council shall meet in order to:
(a)
evaluate the world supply and demand situation and outlook on
the basis of an interpretative analysis of the present situation and
of probable developments drawn up by the Secretariat, on the basis of
documentation provided in conformity with Article III, including that
relating to the operation of domestic and trade policies and of any
other information available to the Secretariat;
(b)
proceed to a comprehensive examination of the functioning of this Agreement;
(c)
provide an opportunity for regular consultation on all matters affecting international trade in bovine meat.
2.
If after evaluation of the world supply and demand situation
referred to in paragraph 1 (a), or after examination of all relevant
information pursuant to paragraph 3 of Article III, the Council finds
evidence of a serious imbalance or a threat thereof in the
international meat market, the Council will proceed by consensus,
taking particular account of the situation in developing countries, to
identify for consideration by governments(3) possible solutions
to remedy the situation consistent with the principles and rules of
GATT 1994.
3.
Depending on whether the Council considers that the situation defined
in paragraph 2 is temporary or more durable, the measures
referred to in paragraph 2 could include short-, medium-, or long-term
measures taken by importers as well as exporters to contribute to
improve the overall situation of the world market consistent with the
objectives and aims of this Agreement, in particular the expansion,
ever greater liberalization, and stability of the international meat
and livestock markets.
4.
When considering the suggested measures pursuant to paragraphs 2 and
3, due consideration shall be given to special and more favourable
treatment to developing countries, where this is feasible and
appropriate.
5.
The Parties undertake to contribute to the fullest possible extent to
the implementation of the objectives of this Agreement set forth in
Article I. To this end, and consistent with the principles and
rules of the GATT 1994, Parties shall, on a regular basis, enter into
the discussions provided in paragraph 1 (c) with a view to
exploring the possibilities of achieving the objectives of this
Agreement, in particular the further dismantling of obstacles to world
trade in bovine meat and live animals. Such discussions should prepare
the way for subsequent consideration of possible solutions of trade
problems consistent with the rules and principles of the GATT 1994,
which could be jointly accepted by all the Parties concerned, in a
balanced context of mutual advantages.
6. Any Party may raise before the Council any
matter(4)
affecting this Agreement, inter alia, for the same
purposes provided for in paragraph 2. The Council shall, at the
request of a Party, meet within a period of not more than fifteen days
to consider any matter affecting this Agreement.
Article V: Administration back to top
An
International Meat Council shall be established within the framework
of the World Trade Organization (hereinafter referred to as “the WTO”).
The Council shall comprise representatives of all Parties to the
Agreement and shall carry out all the functions which are necessary to
implement the provisions of the Agreement. The Council shall be
serviced by the Secretariat. The Council shall establish its own rules
of procedure. The Council may, as appropriate, establish subsidiary
working groups or other bodies.
1.
International Meat Council
The Council shall normally meet as appropriate, but not less than twice
each year. The Chairman may call a special meeting of the Council
either on his own initiative or at the request of a Party to this
Agreement.
2.
Regular and special meetings
The Council shall normally meet as appropriate, but not less than
twice each year. The Chairman may call a special meeting of the
Council either on his own initiative or at the request of a Party to
this Agreement.
3.
Decisions
The Council shall reach its decisions by consensus. The Council shall be
deemed to have decided on a matter submitted for its consideration if
no member of the Council formally objects to the acceptance of a
proposal.
4. Cooperation with other organizations
The Council shall make arrangements as appropriate for consultation or cooperation with intergovernmental and
non-governmental organizations.
5. Admission of observers
(a)
The Council may invite any non-Party government to be
represented at any of its meetings as an observer and may determine
rules on the rights and obligations of observers, in particular with
respect to the provision of information.
(b)
The Council may also invite any of the organizations referred to in paragraph 4 to attend any meeting as an observer.
Article VI: Final provisions back to top
1.
Acceptance
(a)
The Council may invite any non-Party government to be represented at any of its meetings as an observer and may determine rules on the
rights and obligations of observers, in particular with respect to the provision of information.
(b)
The Council may also invite any of the organizations referred to in
paragraph 4 to attend any meeting as an observer.
(c)
Acceptance of this
Agreement shall carry denunciation of the Arrangement Regarding Bovine
Meat, done at Geneva on 12 April 1979, which entered into force
on 1 January 1980, for Parties having accepted that
Arrangement. Such denunciation shall take effect on the date of entry
into force of this Agreement for that Party.
2.
Entry into force
This Agreement shall enter into force for those Parties having
accepted it, on the date of entry into force of the WTO Agreement. For
Parties accepting this Agreement after that date, it shall be
effective from the date of their acceptance.
3. Validity
This Agreement shall remain in force for three years. The duration of this
Agreement shall be extended for further periods of three years at a
time, unless the Council, at least eighty days prior to each date of
expiry, decides otherwise.
4. Amendment
Except where provision for modification is made elsewhere in this Agreement,
the Council may recommend an amendment to the provisions of this
Agreement. The proposed amendment shall enter into force upon
acceptance by all Parties.
5.
Relationship between the Agreement and other Agreements
Nothing in this Agreement shall affect the rights and obligations of
Parties under the General Agreement on Tariffs and Trade or the WTO
Agreement.(5)
6. Withdrawal
Any Party may withdraw from this Agreement. Such withdrawal shall take
effect upon the expiration of sixty days from the date on which
written notice of withdrawal is received by the Director-General of
the WTO.
7.
Deposit
Until the entry into force of the WTO Agreement, the text of this Agreement
shall be deposited with the Director-General to the CONTRACTING
Parties to GATT who shall promptly furnish a certified copy thereof
and a notification of each acceptance thereof to each Party. The texts
of this Agreement in the English, French and Spanish languages shall
all be equally authentic. This Agreement, and any amendments thereto,
shall, upon the entry into force of the WTO Agreement, be deposited
with the Director-General of the WTO.
8.
Registration
This Agreement shall be registered in accordance with the
provisions of Article 102 of the Charter of the United Nations.
Done
at Marrakesh on this fifteenth day of April nineteen hundred and ninety four.
Annex: Product coverage back to top
This Agreement applies to bovine meat. For the purpose of this
Agreement, the term “bovine meat” is considered to include the
following products, as defined by the Harmonized Commodity Description
and Coding System (“Harmonized System”) established by the Customs
Co-operation Council(6):
HS
code
01.02 — Live bovine animals:
0102.10
— Pure-bred breeding animals
0102.90 — Other
02.01
— Meat of bovine animals, fresh or chilled:
0201.10
— Carcasses and half-carcasses
0201.20 — Other cuts with bone-in
0201.30 — Boneless
02.02
— Meat of bovine animals, frozen:
0202.10 — Carcasses and half-carcasses
0202.20 — Other cuts with bone-in
0202.30 — Boneless
02.06 — Edible offal of bovine animals, fresh,
chilled or frozen:
0206.10 — Of bovine animals, fresh or chilled
— Of bovine animals, frozen:
0206.21 — Tongues
0206.22 — Livers
0206.29 — Other
02.10 — Meat and edible meat offal, salted, in brine,
dried or smoked; edible flours and meals of meat or meat offal:
0210.20 — Meat of bovine animals
ex0210.90 — Edible offal of bovine animals
16.02 — Other prepared or preserved meat, meat offal or blood:
1602.50 — Of bovine animals |
