Home Europe Council of the European Union Agreement in the form of an exchange of letters between the ...
Date: 2026-05-18 Category: Not Applicable State: Union Government Country: Europe

Agreement in the form of an exchange of letters between the European Union and the People’s Republic of China pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on all the tariff rate quotas included in the EU Schedule CLXXV as a consequence of the United Kingdom’s withdrawal from the European Union

Issued by Council of the European Union · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary** This agreement modifies the European Union’s tariff rate quota (TRQ) concessions following the United Kingdom’s withdrawal from the Union, based on negotiations between the EU and China. It establishes the methodology for apportioning quantitative commitments and sets specific TRQ volumes for the EU (excluding the UK) for various agricultural and industrial products. The agreement will enter into force on the date of the last notification following the completion of each party’s internal procedures. **Key Points / Main Content** **Apportionment of Tariff Rate Quotas** * **Methodology:** China agrees to the principle of apportioning the Union’s scheduled quantitative commitments (TRQs) between the EU and the UK. * **Union Quantity:** The EU will take on a portion of the original TRQ quantities that no longer includes the United Kingdom's share. **Scheduled Commitments and Modifications** * **General Acceptance:** China expresses satisfaction with the proposed TRQ quantity commitments communicated in Document G/SECRET/42/Add.2. * **Specific Adjustments:** The agreement incorporates specific TRQ changes for products listed in the Annex, which supersede or supplement general commitments. * **Third-Party Negotiations:** The Union reserves the right to change quantities in the Annex or Document G/SECRET/42/Add.2 resulting from negotiations with other WTO members. * **Consultation Rights:** If a change is proposed for a TRQ where China holds negotiating or consultation rights, the EU must consult China to seek a mutually satisfactory outcome. **Administrative and Legal Provisions** * **Entry into Force:** Each party must notify the other of the completion of internal procedures; the agreement becomes effective upon the final notification. * **Authenticity:** The agreement is drawn up in duplicate in 24 languages, including Chinese and all official EU languages, with each text being equally authentic. **Specific TRQ Products (Annex Highlights)** * The Annex specifies revised concessions for products including garlic (China-specific), carrots, turnips, dried onions, paddy rice, broken rice, processed duck/geese/guinea fowl meat, fruit juices, food preparations, animal feed, and coniferous plywood. **Impact Analysis** **European Union** **Impact** The EU is legally bound to the apportioned TRQ quantities and the specific concessions listed in the Annex. It must maintain these levels unless further negotiations with other WTO members necessitate changes. **Action Required** The Union must complete its internal procedures and send a written notification to China via the Secretary-General of the Council of the European Union. It must also consult China before making any future changes to TRQs where China holds negotiating rights. **People's Republic of China** **Impact** China secures specific quantitative commitments for its exports to the EU (excluding the UK), particularly for garlic and other agricultural goods. It retains the right to be consulted on future modifications to these quotas. **Action Required** The Chinese government must complete its internal procedures and notify the EU to bring the agreement into force. **WTO Members (Other than the parties)** **Impact** This agreement is without prejudice to ongoing negotiations between the Union and other WTO members regarding the UK’s withdrawal. Changes to the EU’s schedule may still occur as those negotiations progress. **Action Required** No immediate action required by the document, but members holding negotiating rights may be involved in subsequent consultations if the EU proposes further TRQ changes.

Key Entities Referenced

General Agreement on Tariffs and Trade (GATT) 1994: The international trade treaty providing the primary legal framework for this agreement and the modification of tariff concessions. Article XXVIII of the GATT 1994: The specific legal provision governing the negotiation and modification of schedules of concessions under which the agreement is concluded. European Union Tariff Schedule CLXXV: The referenced policy document containing the specific quantitative trade commitments and tariff rate quotas being modified. United Kingdom: The jurisdiction whose withdrawal from the European Union is the central event necessitating the reapportionment of shared tariff rate quotas. World Trade Organization (WTO): The international body whose members are notified of the concessions and under whose framework these negotiations occur.
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Official Journal EN of the European Union L series 2026/1077 18.5.2026 AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS BETWEEN THE EUROPEAN UNION AND THE PEOPLE’S REPUBLIC OF CHINA PURSUANT TO ARTICLE XXVIII OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT) 1994 RELATING TO THE MODIFICATION OF CONCESSIONS ON ALL THE TARIFF RATE QUOTAS INCLUDED IN THE EU SCHEDULE CLXXV AS A CONSEQUENCE OF THE UNITED KINGDOM’S WITHDRAWAL FROM THE EUROPEAN UNION A. Letter from the European Union Sir/Madam, I have the honour of referring to the negotiations and consultations which took place between the European Union (the "Union") and the People's Republic of China ("China") in accordance with Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on tariff rate quotas included in the European Union Tariff Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the Union as communicated to WTO Members in Document G/SECRET/42/Add.2. As a result of these negotiations, China and the Union agree to conclude the negotiations on the following basis: 1. Without prejudice to future negotiations under Article XXVIII of the GATT 1994 and for the purposes of the United Kingdom's withdrawal from the Union only, China agrees with the principle and methodology of apportioning the scheduled quantitative commitments in the form of tariff rate quotas of the Union that included the United Kingdom whereby there is an apportioned quantity taken on by the Union that no longer includes the United Kingdom, with the remainder of the quantity taken on by the United Kingdom. 2. In respect of the tariff rate quotas where China has negotiating or consultation rights under Article XXVIII of the GATT 1994, China agrees and is satisfied with the proposed tariff rate quota quantity commitments as set out in Document G/SECRET/42/Add.2 taken on by the Union after the withdrawal of the United Kingdom, subject to paragraph 3. 3. Notwithstanding paragraph 2, with respect to the tariff rate quotas set out in the Annex to this Letter, China and the Union agree to the changes to scheduled commitments as set out therein. 4. These arrangements do not prejudice negotiations and consultations between the Union and other WTO Members holding negotiating or consultation rights under Article XXVIII of the GATT 1994, as a consequence of the United Kingdom's withdrawal from the Union as communicated to WTO Members. As a result of those negotiations and consultations, the Union may consider a change to the shares and quantities set out in the Annex to this Letter or those in document G/SECRET/42/Add.2. In the event of such a change with regard to a prior tariff rate quota commitment of the Union for which China has a negotiating or consultation right, the Union shall consult China with a view to seeking a mutually satisfactory outcome before proceeding to any such change, without prejudice to each party's rights under Article XXVIII of the GATT 1994. The Union and China shall notify each other of the completion of their internal procedures for the entry into force of this Agreement. In the case of the Union, the written notification shall be sent to the Secretary-General of the Council of the European Union. This Agreement shall enter into force on the date of the last notification. I have the honour to propose that this Letter and your Government's confirmation shall together constitute an Agreement in the form of an Exchange of Letters between the European Union and the People's Republic of China, including for the purposes of Article XXVIII:3(a) and (b) of the GATT 1994. This Agreement shall be drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Chinese languages, each text being equally authentic. Please accept, Sir/Madam, the assurance of my highest consideration. ELI: http://data.europa.eu/eli/agree_internation/2026/1077/oj 1/6EN OJ L, 18.5.2026 2/6 ELI: http://data.europa.eu/eli/agree_internation/2026/1077/ojEN OJ L, 18.5.2026 ANNEX Tariff Rate Quotas of the European Union that no longer includes the United Kingdom TRQ sequence Other terms and Concession for the Union that no Description Unit Number conditions longer includes the United Kingdom 046 Garlic tonnes China 38 098 047 Carrots and turnips, fresh or chilled tonnes Erga omnes 1 244 051 Dried onions tonnes Erga omnes 9 770 074 Paddy rice tonnes Erga omnes 7 080 Broken rice tonnes Erga omnes 28 360 096 Processed duck, geese, guinea fowl tonnes Other 33 meat, cooked, containing less than 25 % by weight of poultry meat or offal 110 Fruit juices tonnes Erga omnes 6 551 112 Food preparations tonnes Erga omnes 783 122 Other preparations of a kind used tonnes Erga omnes 2 700 in animal feeding: Containing no milk products or containing less than 10 % by weight of such products 013 Plywood of coniferous species, cubic m Erga omnes 448 500 without the addition of other substances: — of which the faces are not further prepared than the peeling process, of a thickness greater than 8.5 mm, or — sanded, of a thickness greater than 18.5 mm ELI: http://data.europa.eu/eli/agree_internation/2026/1077/oj 3/6EN OJ L, 18.5.2026 B. Letter from the People's Republic of China Sir/Madam, I have the honour to acknowledge the receipt of your letter of today's date, which reads as follows: "I have the honour of referring to the negotiations and consultations which took place between the European Union (the "Union") and the People's Republic of China ("China") in accordance with Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions on tariff rate quotas included in the European Union Tariff Schedule CLXXV as a consequence of the United Kingdom's withdrawal from the Union as communicated to WTO Members in Document G/SECRET/42/Add.2. As a result of these negotiations, China and the Union agree to conclude the negotiations on the following basis: 1. Without prejudice to future negotiations under Article XXVIII of the GATT 1994 and for the purposes of the United Kingdom's withdrawal from the Union only, China agrees with the principle and methodology of apportioning the scheduled quantitative commitments in the form of tariff rate quotas of the Union that included the United Kingdom whereby there is an apportioned quantity taken on by the Union that no longer includes the United Kingdom, with the remainder of the quantity taken on by the United Kingdom. 2. In respect of the tariff rate quotas where China has negotiating or consultation rights under Article XXVIII of the GATT 1994, China agrees and is satisfied with the proposed tariff rate quota quantity commitments as set out in Document G/SECRET/42/Add.2 taken on by the Union after the withdrawal of the United Kingdom, subject to paragraph 3. 3. Notwithstanding paragraph 2, with respect to the tariff rate quotas set out in the Annex to this Letter, China and the Union agree to the changes to scheduled commitments as set out therein. 4. These arrangements do not prejudice negotiations and consultations between the Union and other WTO Members holding negotiating or consultation rights under Article XXVIII of the GATT 1994, as a consequence of the United Kingdom's withdrawal from the Union as communicated to WTO Members. As a result of those negotiations and consultations, the Union may consider a change to the shares and quantities set out in the Annex to this Letter or those in document G/SECRET/42/Add.2. In the event of such a change with regard to a prior tariff rate quota commitment of the Union for which China has a negotiating or consultation right, the Union shall consult China with a view to seeking a mutually satisfactory outcome before proceeding to any such change, without prejudice to each party's rights under Article XXVIII of the GATT 1994. The Union and China shall notify each other of the completion of their internal procedures for the entry into force of this Agreement. In the case of the Union, the written notification shall be sent to the Secretary-General of the Council of the European Union. This Agreement shall enter into force on the date of the last notification. I have the honour to propose that this Letter and your Government's confirmation shall together constitute an Agreement in the form of an Exchange of Letters between the European Union and People's Republic of China, including for the purposes of Article XXVIII:3(a) and (b) of the GATT 1994. This Agreement shall be drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Chinese languages, each text being equally authentic." I hereby have the honour to express my Government's agreement with the above letter. 4/6 ELI: http://data.europa.eu/eli/agree_internation/2026/1077/ojEN OJ L, 18.5.2026 ELI: http://data.europa.eu/eli/agree_internation/2026/1077/oj 5/6EN OJ L, 18.5.2026 ANNEX Tariff Rate Quotas of the European Union that no longer includes the United Kingdom TRQ sequence Other terms and Concession for the Union that no Description Unit Number conditions longer includes the United Kingdom 046 Garlic tonnes China 38 098 047 Carrots and turnips, fresh or chilled tonnes Erga omnes 1 244 051 Dried onions tonnes Erga omnes 9 770 074 Paddy rice tonnes Erga omnes 7 080 Broken rice tonnes Erga omnes 28 360 096 Processed duck, geese, guinea fowl tonnes Other 33 meat, cooked, containing less than 25 % by weight of poultry meat or offal 110 Fruit juices tonnes Erga omnes 6 551 112 Food preparations tonnes Erga omnes 783 122 Other preparations of a kind used tonnes Erga omnes 2 700 in animal feeding: Containing no milk products or containing less than 10 % by weight of such products 013 Plywood of coniferous species, cubic m Erga omnes 448 500 without the addition of other substances: — of which the faces are not further prepared than the peeling process, of a thickness greater than 8.5 mm, or — sanded, of a thickness greater than 18.5 mm 6/6 ELI: http://data.europa.eu/eli/agree_internation/2026/1077/oj

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