Agreement
Between The Republic Of Latvia And Ukraine On Trade In Agricultural Products

 

The Republic of Latvia and Ukraine, (hereinafter referred to as "the Parties"), taking into account the Preamble and Article 4 of the Free Trade Agreement between the Republic of Latvia and Ukraine signed on November 21, 1995, (hereinafter referred to as "the Free Trade Agreement").

have agreed as follows:

Article 1

Objectives

The Parties shall promote, through liberalization of trade in agricultural products, harmonious development of economic relations between the Republic of Latvia and Ukraine in accordance with the provisions of the present Agreement, and in conformity with requirements of the World Trade Organisation (WTO).

Article 2

Scope

The provisions of the present Agreement shall apply to agricultural products originating in the territories of the Parties. The term "agricultural products" means for the purpose of this Agreement, products falling within Chapters 1 to 24 of the Harmonised Commodity Description and Coding System.

Article 3

Customs Duties on Imports and Charges Having Equivalent Effect

1. No new customs duty on imports or charges having equivalent effect shall be introduced in trade between the Parties.

2. The Parties shall abolish between them on the date of entry into force of the present Agreement all charges having equivalent effect.

3. The Republic of Latvia shall abolish customs duties on imports of agricultural products originating in Ukraine except as provided in Annex I to the present Agreement "The List of agricultural products originating in Ukraine subject to import customs duties".

4. Ukraine shall abolish customs duties on imports of agricultural products originating in the Republic of Latvia except as provided in Annex II to the present Agreement "The List of agricultural products originating in the Republic of Latvia subject to import customs duties".

Article 4

Customs Duties on Exports and Charges
Having Equivalent Effect

No customs duties on exports or charges having equivalent effect shall be applied in trade between the Parties as from the date of entry into force of the present Agreement, except as provided for in Annex III to the present Agreement "The List of agricultural products originating in Ukraine subject to export customs duties".

Article 5

Quantitative restrictions on imports or exports and measures having equivalent effect

1. No new quantitative restriction on imports or exports and measures having equivalent effect shall be introduced in trade between the Republic of Latvia and Ukraine.

2. The Republic of Latvia shall abolish on the date of entry into force of the present Agreement all quantitative restrictions on imports or exports and measures having equivalent effect.

3. Ukraine shall abolish on the date of entry into force of the present Agreement all quantitative restrictions on imports or exports and measures having equivalent effect.

Article 6

Rules of Origin

The rules of origin, for the purposes of implementation the trade arrangements of the present Agreement are set out in Protocol A of the Free Trade Agreement.

Article 7

Dumping

If a Party finds that dumping is taking place in trade relations governed by the present Agreement within the meaning of Article VI of the General Agreement on Tariffs and Trade 1994, it may take the appropriate measures against that practice in accordance with the procedure laid down in Article 8 of the present Agreement.

Article 8

Procedure for Application of Safeguard Measures

1. The Party which considers resorting to safeguard measures shall promptly notify the other Party thereof and provide with all relevant information. Consultations shall take place without delay in the Joint Committee with a view to finding a mutually acceptable solution.

2. The Parties shall give to the Joint Committee all the assistance required in order to examine the case and, where appropriate, eliminate this practice. If the Party in question fails to put an end to the practice objected to within the period defined by the Joint Committee, or if the Joint Committee fails to reach an agreement after consultations, or after thirty days following referral to such consultations, the Party concerned may adopt the appropriate measures to deal with the difficulties resulting from the practice in question.

3. The safeguard measures taken shall be notified immediately to the other Party. They shall be restricted with regard to their extent and to their duration to what is strictly necessary in order to rectify the situation giving rise to their application, and shall not be in excess of the injury caused by the practice of the difficulty in question. Priority shall be given to such measures as will least disturb the functioning of the present Agreement.

4. The safeguard measures taken shall be the subject of regular consultations with a view to their amelioration or elimination as soon as possible.

5. Where exceptional circumstances requiring immediate action make prior examination impossible, the Party concerned may apply forthwith the precautionary and provisional measures strictly necessary to deal with the situation. The measures shall be notified to the Joint Committee without delay and consultations between the Parties shall take place as soon as possible.

Article 9

The Joint Committee

The Joint Committee established by Article 2 (The Joint Committee) of the Free Trade Agreement shall be responsible for the administration of the present Agreement.

Article 10

Scientific and technical cooperation

The Parties shall promote scientific and technical cooperation in agriculture and related fields on the basis of mutual interests. This cooperation may include the establishment of joint ventures, exchange of information and documentation, exchange of experts, as well as of organization of seminars and workshops.

Article 11

Evolution Clause

The Parties declare their readiness to promote harmonious development of trade in agricultural products. The Parties agreed to revise the present Agreement with intention to further liberalisation when they consider it necessary by mutual consent within the framework of Joint Committee.

Article 12

Veterinary, Sanitary And Phytosanitary Measures

1. The Parties shall apply their regulations in veterinary, sanitary and phytosanitary matters on non-discriminatory basis and shall not introduce any new measures which unreasonably obstruct trade.

2. The implementation of veterinary, sanitary and phytosanitary measures will be in accordance with international conventions in this field.

Article 13

Annexes

Annexes to the present Agreement shall constitute an integral part thereof.

Article 14

Termination of Protocol B of the Free Trade Agreement

Upon the entry into force of the present Agreement the Protocol B of the Free Trade Agreement shall be terminated.

Article 15

Entry into force and validity

The present Agreement shall enter into force thirty (30) days after the Parties notify each other in writing that the constitutional formalities required in its territory for the entry into force of this Agreement have been completed.

This Agreement shall remain into force for an indefinite period.

Article 16

Termination

Either Party may terminate the present Agreement by written notification to the other Party. The termination shall take effect six (6) months following the date on which the notification was received by the other Party.

IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorised thereto by their respective Governments, have signed the present Agreement.

Done at Kiev, this 26 day of February 1998, in two originals, both in the Latvian, Ukrainian and English languages, all texts being equally authentic.

In case of any divergence the Parties shall use the English text.

 FOR THE REPUBLIC OF LATVIA

FOR UKRAINE

Annex I

Referred to in Paragraph 3 of Article 3

List of Agricultural Products Originating in Ukraine

Subject to Import Customs Duties

1. For each product, included in Annex I, the duty shall be the Most Favoured Nation rate of the duty applied at the time this Agreement enters into force.

2. If after entry into force of this Agreement, any Most Favoured Nation tariff reduction is applied on an erga omnes basis, such tariff shall replace the duties referred to in Paragraph I. Annex I, as from the date when such reductions are applied.

CN, 1998	Description of products
0203	Meat of swine, fresh, chilled or frozen
	Meat and edible offal, of the poultry of heading No 0105, fresh,
	chilled or frozen:
	- Of fowls of the species Gallus domesticus:
0207 11	-- Not cut in pieces, fresh or chilled
0207 12	-- Not cut in to pieces, frozen
0207 13	-- Cuts and offal, fresh or chilled
0207 14	-- Cuts and offal, frozen
0401	Milk and cream, not concentrated nor containing added sugar or
	other sweetening matter
0402	Milk and cream, concentrated or containing added sugar or other
	sweetening matter
0405	Butter and other fats and oils derived from milk; dairy spreads
0406	Cheese and curd
	Birds' eggs, in shell, fresh, preserved or cooked:
	- Of poultry:
0407 00 300	-- Other
0407 00 900	- Other
	Potatoes, fresh or chilled:
0701 90	- Other
	Tomatoes, fresh or chilled:
0702 00 003	- From 1 June to 30 June
0702 00 004	- From 1 July to 31 August
0702 00 005	- From 1 September to 31 October
	Cabbages, cauliflowers, kohlrabi, kale and similar edible brassicas,
	fresh or chilled:
0704 90	- Other
0706 10 000	- Carrots and turnips
	- Cucumbers:
0707 00 053	-- From 1 May to 30 June
0707 00 054	-- From 1 July to 30 September
	Wheat and meslin:
1001 90	- Other
1002 00 000	Rye
1003 00	Barley
1004 00 000	Oats
	- Other cereals:
1008 90 900	-- Other
	- Wheat flour:
1101 00 150	-- Of common wheat and spelt
1101 00 900	- Meslin flour
	Cereal flours other than of wheat or meslin:
1102 10 000	- Rye flour
1102 90	- Other
	- Groats and meal:
1103 11	-- Of wheat
1103 12 000	-- Of oats
1103 19	-- Of other cereals
	- Pellets:
1103 21 000	-- Of wheat
1103 29	-- Of other cereals
	- Rolled or flaked grains:
1104 11	-- Of barley
1104 12	-- Of oats
	-- Of other cereals:
1104 19 100	--- Of wheat
1104 19 300	--- Of rye
	- Other worked grains (for example, hulled, pearled, sliced or kibbled):
1104 21	-- Of barley
1104 22	-- Of oats
1104 29	-- Of other cereals
1104 30	- Germ of cereals, whole, rolled, flaked or ground
1601 00	Sausages and similar products, of meat, meat offal or blood;
	food preparations based on these products
1602	Other prepared or preserved meat, meat offal or blood
1701	Cane or beet sugar and chemically pure sucrose, in solid form
1704 90 750	---- Toffees, caramels and similar sweets
	Chocolate and other food preparations containing cocoa:
	- Other, in blocks, slabs or bars:
1806 31 000	-- Filled
1806 32	-- Not filled
1806 90	- Other
1905	Bread, pastry, cakes, biscuits and other bakers wares, whether or not
	containing cocoa; communion wafers, empty cachets of a kind suitable
	for pharmaceutical use, sealing wafers, rice paper and similar products
2203 00	Beer made from malt
2204 10 110	--- Champagne
2204 10 190	---Other
2207	Undenatured ethyl alcohol of an alcoholic strength by volume
	of 80 % vol or higher; ethyl alcohol and other spirits, denatured,
	of any strength
2208 60	- Vodka
2208 90	- Other
	Preparations of a kind used in animal feeding:

Annex II

Referred to in Paragraph 4 of Article 3

List of Agricultural Products Originating in the Republic of Latvia

Subject to Import Customs Duties

1. For each product, included in Annex II, the duty shall be the Most Favoured Nation rate of the duty applied at the time this Agreement enters into force.

2. If after entry into force of this Agreement, any Most Favoured Nation tariff reduction is applied on an erga omnes basis, such tariff shall replace the duties referred to in Paragraph I. Annex II, as from the date when such reductions are applied.

2309 90	- Other
TN VED, 1994	Description of products
	Meat and edible offal, of the poultry of heading No 0105, fresh,
	chilled or frozen:
	- Poultry cuts and offal (including livers), fresh or chilled:
0207 39 130	------ Halves or quarters
0207 39 230	------ Legs and cuts thereof
	- Poultry cuts and offal other than livers, frozen:
0207 41 110	----- Halves or quarters
0207 41 510	-----Legs and cuts thereof
0405 00	Butter and other fats and oils derived from milk
0901	Coffee, whether or not roasted or decaffeinated; coffee husks
	and skins; coffee substitutes containing coffee in any proportion
1604	Prepared or preserved fish; caviar and caviar substitutes prepared
	from fish eggs
	Crustaceans, molluscs and other aquatic invertebrates, prepared
	or preserved:
1605 10 000	- Crab
1605 20 000	- Shrimps and prawns
1605 30 000	- Lobster
1605 40 000	- Other crustaceans
	Chocolate and other food preparations containing cocoa:
	- Other:
	-- Chocolate and chocolate products:
	--- Chocolates, whether or not filled:
1806 90 110	---- Containing alcohol
1806 90 190	---- Other
1806 90 310	---- Filled
1806 90 390	---- Not filled
Ex 2101 10 110	--- Instant coffee
2203 00	Beer made from malt
2204	Wine of fresh grapes, including fortified wines; grape must other
	than that of heading No 2009
2205	Vermouth and other wine of fresh grapes flavoured with plants
	or aromatic substances
2206	Other fermented beverages (for example, cider, perry, mead);
	mixtures of fermented beverages and mixtures of fermented beverages
	and non-alcoholic beverages, not elsewhere specified or included
2207	Undenatured ethyl alcohol of an alcoholic strength by volume
	of 80 % vol or higher; ethyl alcohol and other spirits, denatured,
	of any strength
2208	Undenatured ethyl alcohol of an alcoholic strength by volume of
	less than 80 % vol; spirits, liqueurs and other spirituous beverages
2402	Cigars, cheroots, cigarillos and cigarettes, of tobacco or of
	tobacco substitutes
2403 10 000	- Smoking tobacco, whether or not containing tobacco substitutes
	in any proportion
2403 99 100	--- Chewing tobacco and snuff

Annex III

To the Article 4

"Customs Duties on Exports and Charges

Having Equivalent Effect"

The List of Agricultural Products Originating in Ukraine

Subject to Export Customs duties

HS, 1994	Description of products
0102.90	Live bovine animals others

0104.10

Live sheeps