PROTOCOL Renewing the Cooperation agreement between the Kingdom of Thailand and the European Economic Community on manioc production, marketing and trade

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

of the one part,

THE GOVERNMENT OF THE KINGDOM OF THAILAND,

of the other part,

HAVING REGARD to the consultations requested by the Government of the Kingdom of Thailand under Article 1 of the Protocol, signed on 23 May 1986, renewing the Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade, hereinafter referred to as the 'Cooperation Agreement;

TAKING into consideration the fact that, since the entry into force of the Cooperation Agreement, the Kingdom of Thailand has become a Contracting Party to the General Agreement on Tariffs and Trade (GATT);

RECOGNIZING that the Cooperation Agreement has been properly applied;

TAKING into account that not all the objectives of agricultural development and diversification could be realised in Thailand in the course of the initial nine-year period and that, therefore, efforts in this context should be pursued, including, if necessary, examination at ministerial level;

AFFIRMING their willingness to continue the Cooperation Agreement;

HAVE DECIDED to renew the Cooperation Agreement as supplemented and amended in respect of the relevant provisions of its Articles 1, 3, 6 and 9 by this Protocol and to this end have designated as their Plenipotentiaries:

THE COUNCIL OF THE EUROPEAN COMMUNITIES

THE GOVERNMENT OF THE KINGDOM OF THAILAND

WHO, having exchanged their Full Powers, found in good and due form,

HAVE AGREED AS FOLLOWS:

Article 1

The Cooperation Agreement shall be extended for another four-year period starting on 1 January 1991. It shall thereafter continue to apply for subsequent four-year periods based on the quantities established for the four-year period 1 January 1991 to 31 December 1994, unless denounced by eitherparty at least one year before the expiry of the initial or any subsequent four-year period. A denunciation will take effect at the end of the four-year period in which it has been notified.However, before notifying the denunciation of the Agreement, either party should enter into consultation with the other party with a view to finding mutually acceptable solutions or to agreeing upon amendments, which would make it possible to maintain the Cooperation Agreement in force.

Article 2

1. For the four-year period 1 January 1991 to 31 December 1994 and for each subsequent four-year period the total export quantity shall be 21 million tonnes for each period. However, exports shall not exceed a total of 5 750 000 tonnes in any one year.

2. In order to maintain a continuity of supply of manioc between the years 1990 and 1991 and between subsequent extensions starting in 1995 and subject to the annual maximum quantity as specified in paragraph 1, export certificates to cover an additional quantity of up to 750 000 tonnes may be issued for export by the Kingdom of Thailand in the last six months of 1990 and of up to 650 000 tonnes in the last six months of 1994 and in the final year of any subsequent four-year period. This quantity will be charged against the export quantities determined for the four-year period immediately following.

Article 3

1. For the agreed quantities the Community will continue to apply a maximum import levy of 6 % ad valorem to manioc roots and products imported at present under the Cooperation Agreement, which includes those hard pellets resulting from a process in which manioc roots are first reduced to flour-meal before pelletizing. It is recognized that technological improvements in the processing of manioc for the purpose of facilitating its transportation and/or of solving environmental problems should be kept under review in the joint working group set up by Article 7 of the Cooperation Agreement.

2. The provisions in paragraph 1 will not be prejudiced by the entry into force of the new harmonized system of tariff classification.

3. The provisions embodied in this Article do not, however, affect or prejudge the future definition of either:

(a) the products covered by the Community's initial GATT binding, which is at present suspended; or

(b) those products covered by the present GATT arrangements, consisting of a temporary suspension of the Community's GATT binding, which has been replaced by a tariff quota.

4. Any future definition or interpretation of the Community's GATT binding or the temporary arrangements specified in paragraph 3 shall not affect the Cooperation Agreement.

Article 4

The Community confirms that the assistance provided for under Article 6 of the Cooperation Agreement will be continued.

Article 5

This Protocol is drawn up in two copies in the Danish, Dutch, English, French, German, Greek, Italian, Portuguese, Spanish and Thai languages, each text being equally authentic.

On behalf of the

Council of the European Communities

Ray MAC SHARRY

For the Government of the

Kingdom of Thailand

Amaret SILA-ON