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I. Preamble back to top
A. Text of the Preamble
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)
(footnote original)
1 This provision
shall apply only among Parties that are Members of the World Trade
Organization.
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:
B. Interpretation and Application of the Preamble
No jurisprudence or decision of a competent WTO
body.
II. Article
I back to top
A. Text of Article
I
Article I:
Objectives
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.
B. Interpretation and Application of Article I
1. General
1.
The
International Bovine
Meat Agreement replaced the Arrangement Regarding Bovine Meat that had
operated since 1 January 1980.
III. Article
II back to top
A. Text of Article
II
Article II: Product Coverage
This Agreement applies to the products listed
in the Annex(1) 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.
B. Interpretation and Application of Article II
No jurisprudence or decision of a competent
WTO body.
IV. Article III
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A. Text of Article
III
Article III: Information and Market Monitoring
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.
(footnote original)
2 In this Agreement the
term “country” is deemed to include the European Communities as well
as any separate customs territory Member of the World Trade
Organization.
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 apprised 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.
B. Interpretation and Application of Article III
1. Notification requirements
2.
At its meeting on
20–21 June 1995, the
International Meat Council adopted the procedural and notification
requirements for the information concerning domestic policies,
statistics and trade measures including bilateral and plurilateral
commitments in the bovine meat sector to be furnished by the parties
under Article III (Rules 15 to 18).(2)
V. Article IV
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A. Text of Article IV
Article IV : Functions of the International Meat Council
and Cooperation between the Parties
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.
(footnote original)
3 For the purpose of this
Agreement, the term “government” is deemed to include the competent
authorities of the European Communities.
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.
(footnote original)
4 It is confirmed that
the term “matter” in this paragraph includes any matter which is
covered by the Multilateral Trade Agreements annexed to the Agreement
Establishing the WTO, in particular those bearing on export and import
measures.
B. Interpretation and Application of Article IV
3. Pursuant to Article IV:1, at its meeting of
2 June 1997, the International Meat Council completed its evaluation of
the world supply and demand situation and outlook in the bovine meat
sector.(3)
VI. Article V
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A. Text of Article V
Article V: Administration
1.
International Meat Council
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.
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.
B. Interpretation and Application of
Article V
4.
Pursuant to
Article V:1, at its meeting of
21–22 June 1995, the International Meat Council adopted its Rules of
Procedure.(4)
5.
Pursuant to
Article V:5(b), at its meeting
of 21–22 June 1995, the International Meat Council issued a standing
invitation to the United Nations Economic Commission for Europe (ECE),
FAO, the International Trade Centre (ITC), OECD and UNCTAD.(5)
VII. Article VI
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A. Text of Article VI
Article VI: Final provisions
1. Acceptance
(a) This Agreement is open for acceptance, by
signature or otherwise, by any State or separate customs territory
possessing full autonomy in the conduct of its external commercial
relations and of the other matters provided for in the Agreement
Establishing the WTO (hereinafter referred to as “WTO Agreement”),
and by the European Communities.
(b)
Reservations may not be entered without
the consent of the other Parties.
(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)
(footnote original)
5 This provision shall
apply only among Parties that are Members of the WTO or the GATT.
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.
B. Interpretation and Application of Article VI
6.
At its meeting of 30 September 1997 the
International Meat Council decided to terminate the International Bovine
Meat Agreement.(6) Pursuant to
Article X:9 of the
WTO Agreement, the
General Council deleted the International Bovine Meat Agreement from
Annex 4 of the WTO Agreement with its termination effective as of 1
January 1998.(7)
VIII. Annex
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A. Text of the Annex
Annex: Product Coverage
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)
(footnote original) 6 For those Parties which
have not yet implemented the Harmonized System, the following Customs
Co-operation Council Nomenclature applies with respect to Article
II:
CCCN
(a) Live bovine animals 01.02
(b) Meat and edible offals of bovine animals,
fresh, chilled or frozen ex 02.01
(c) Meat and edible offals of bovine animals,
salted, in brine, dried or smoked ex 02.06
(d) Other prepared or preserved meat or offal
of bovine animals ex 16.02
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
B. Interpretation and Application of the
Annex
No jurisprudence or decision of a relevant WTO
body.
Footnotes:
1. See Section
VIII. back to text
2. IMA/1. In the questionnaires to be filled out by parties, the
parties were to provide the document reference for any policies or
measures notified under the notification procedures of the Committees on
Agriculture and Sanitary and Phytosanitary Measures (
IMA/2).
back to text
3. IMA/W/11. See also
IMA/W/1,
IMA/W/7 and
IMA/W/7/Corr.1.
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4. IMA/1.
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5. IMA/4, para. 8.
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6. IMA/8.
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7. WT/L/252.
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