Exchange Of Letters Constituting An Agreement Between Denmark And The European Economic Community Concerning Concessions From The European Economic Community On Tuna (With Annexes).
Source: United Nations Treaty Series, No. 9748.
[TRANSLATION]
Note I
EUROPEAN ECONOMIC COMMUNITY
Delegation of the commission to the GATT Trade Negotiations
Geneva, 30 June 1967
Sir,
On the occasion of the multilateral trade negotiations held under GATT[2] at Geneva, the European Economic Community granted its negotiating partners the concessions specified in annex I on tuna under tariff heading ex 03.01 B I b) of the common customs tariff, " subject to observance of the reference price ".
I am able to give the following particulars on the manner in which this reference price will be applied:
1. The level of the reference price shall be fixed at 350 units of account per metric ton. This price relates to " albacore-yellowfin " whole tuna weighing more than three kilogrammes.
In the case of species and varieties of tuna other than " albacore-yellowfin " the reference price shall be multiplied by one of the corrective coefficients specified in annex III.
In the case of " dressed " and " gilled and gutted " tuna, corrective coefficients fixed at 1.24 and 1.14 respectively shall be applied.
2. The reference price shall enter into force simultaneously with the application of the concessions and shall remain at the level specified in paragraph 1 for a period expiring on 1 July 1970.
Upon the expiry of this period, the level of the reference price may be modified whenever a modification is deemed necessary in the light of changes in the factors determining tuna prices on the markets of the Community and after the Government of Denmark has been consulted.
3. The machinery for the reference price shall operate as follows :
Imports at prices below the reference price shall be subject to a countervailing change offsetting the difference between the level of the reference price and the price at which the goods are imported into each of the member States of EEC before customs duties have been levied.
The reference price must be observed and the countervailing changes, if any, must be applied in respect of all goods imported from third countries, including imports within the limits of tariff quotas.
However, the charge shall not be applied with respect to Denmark if Denmark is in a position to guarantee and to undertake a commitment that it will observe the reference price under conditions to be determined and observes it in its actual offers.
It is agreed that, in return for the concessions specified in the annexes, the Government of Denmark shall waive the exercise of the negotiating rights which it possesses by virtue of the concessions specified in annex II, granted during the Geneva tariff negotiations in 1960-1961 by the Community on the same tariff headings.
However, during the consultations referred to in paragraph 2 the Government of Denmark may exercise its negotiating rights arising out of the earlier concessions specified in annex II.
These negotiating rights shall be calculated on the basis of the volume of trade expressed in terms of value by taking into account the arithmetical average of the quantities imported by EEC from Denmark under the concessions in question during the three-year period 1964-1965-1966.
I should be grateful if you would inform me whether you can indicate your agreement with the foregoing.
Accept, Sir, etc.
Th. C. HIJZEN
Head of the Delegation of the Commission of the European Economic Community
His Excellency Ambassador H. E. Thrane
Head of the Delegation of Denmark to the GATT Trade Negotiations
Geneva
ANNEX I
03.01 B I ex b)
Tuna for the tinning industry, within the limits of an annual tariff quota of 30,000 metric tons [TAB] free
Other tuna [TAB] 22 per cent
(b) Subject to observance of the reference price.
ANNEX II
03.01 B I ex b) - Tuna
- Tuna for the tinning industry, within the limits of an annual quota of 14,000 metric tons [TAB] free
-Other tuna [TAB] 25 per cent
ANNEX III
Corrective coefficients applicable to the various species and varieties of tuna under tariff heading 03.01 B I b)
[TAB] Coefficient
Yellowfin [TAB] weighing more than 3 kg. [TAB] 1
(Neothynnus albacora) [TAB] weighing 3 kg. or less [TAB] 0.70
Germon [TAB] lower limit 1.05
(Thunnus alalunga) [TAB] upper limit 1.75
Bluefin [TAB] 0.85
(Thunnus thynnus)
Bigeye [TAB] 0.75
(Parathynnus obesus
Parathynnus macropterus)
Skipjack [TAB] weighing more than 3 kg [TAB] 0.70
(Euthynnus pelamis
Katsuwonus pelamis) [TAB] weighing 3 kg. or less [TAB] 0.65
Little tunny [TAB] 0.70
(Euthynnus alletteratus)
Note II
DELEGATION OF DENMARK TO THE GATT TRADE NEGOTIATIONS
Geneva, 30 June 1967
Sir,
I have the honour to acknowledge receipt of your letter of 30 June 1967, which reads as follows :
[See letter I]
I am able to confirm to you, on behalf of the Government of Denmark, my agreement with the contents of this letter.
Accept, Sir, etc.
H. E. THRANE
Ambassador
Head of the Delegation of Denmark
Mr. Th. C. Hijzen
Head of the Delegation of the Commission of the European Economic Community to the GATT Trade Negotiations
ANNEX I, II and III
[As under letter 1]