reliable是什么意思GATT1994中英

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1994
年关税与贸易总协定（英文版）

GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

1. The General Agreement on Tariffs and Trade 1994 (
(a)
the provisions
in
the
General
Agreement on
Tariffs and Trade, dated 30 October 1947, annexed
to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee
of the United Nations Conference on Trade and Employment (excluding the Protocol of Provisional
Application), as rectified, amended or modified by the terms of legal instruments which have
entered into force before the date of entry into force of the WTO Agreement;
(b) the provisions of the legal instruments set forth below that have entered into force under
the GATT 1947 before the date of entry into force of the WTO Agreement:
(i) protocols and certifications relating to tariff concessions;
(ii)
protocols
of
accession
(excluding
the
provisions
(a)
concerning
provisional
application
and
withdrawal
of
provisional
application
and
(b)
providing
that
Part
II
of
GATT
1947
shall
be
applied
provisionally to the fullest extent not inconsistent with legislation existing on the date of
the Protocol);
(iii) decisions on waivers granted under Article XXV of GATT 1947 and still in force on the date
of entry into force of the WTO Agreement
(iv) other decisions of the CONTRACTING PARTIES to GATT 1947;
(c) the Understandings set forth below:
(i) Understanding on the Interpretation of Article II:1(b) of the General Agreement on Tariffs
and Trade 1994;
(ii)
Understanding
on
the
Interpretation
of
Article
XVII
of
the
General
Agreement
on
Tariffs
and
Trade 1994;
(iii) Understanding on Balance-of- Payments Provisions of the General Agreement on Tariffs and
Trade 1994;
(iv)
Understanding
on
the
Interpretation
of
Article
XXIV
of
the
General
Agreement
on
Tariffs
and
Trade 1994;
(v) Understanding in Respect of Waivers of Obligations under the General Agreement on Tariffs
and Trade 1994;
(vi) Understanding on the Interpretation of Article XXVIII of the General Agreement on Tariffs
and Trade 1994; and
(d) the Marrakesh Protocol to GATT 1994.
2. Explanatory Notes
(a) The
references to
party
in the
provisions of GATT
1994
shall be
deemed
to
read

The
references
to

contracting
party
and

contracting
party
shall
be
deemed
to
read

country
Member
and

country
Member
The
references
to
(b)
The
references
to
the
CONTRACTING
PARTIES
acting
jointly
in
Articles
XV:1,
XV:2,
XV:8,
XXXVIII
and the Notes Ad Article XII and XVIII; and in the provisions on special exchange agreements in
Articles XV:2, XV:3, XV:6, XV:7 and XV:9 of GATT 1994 shall be deemed to be references to the
WTO.
The
other
functions
that
the
provisions
of
GATT
1994
assign
to
the
CONTRACTING
PARTIES
acting
jointly shall be allocated by the Ministerial Conference.
(c) (i) The text of GATT 1994 shall be authentic in English, French and Spanish.
(ii)
The
text
of
GATT
1994
in
the
French
language
shall
be subject
to
the
rectifications
of
terms
indicated in Annex A to document /41.
(iii) The authentic text of GATT 1994 in the Spanish language shall be the text in Volume IV of
the Basic Instruments and Selected Documents series, subject to the rectifications of terms
indicated in Annex B to document /41.
3. (a)
The
provisions
of Part
II
of GATT 1994
shall not
apply to measures
taken by
a
Member under
specific mandatory legislation, enacted by that Member before it became a contracting party to
GATT
1947,
that
prohibits
the
use,
sale
or
lease
of
foreign-built
or
foreign-reconstructed
vessels
in
commercial
applications
between
points
in
national
waters
or
the
waters
of
an
exclusive
economic
zone. This exemption applies to: (a) the continuation or prompt renewal of a non-conforming
provision of such legislation; and (b) the amendment to a non-conforming provision of such
legislation to the extent that the amendment does not decrease the conformity of the provision
with
Part
II
of
GATT
1947.
This
exemption
is
limited
to
measures
taken
under
legislation
described
above that is notified and specified prior to the date of entry into force of the WTO Agreement.
If
such
legislation
is
subsequently
modified
to
decrease
its
conformity
with
Part
II
of
GATT
1994,
it will no longer qualify for coverage under this paragraph.
(b) The Ministerial Conference shall review this exemption not later than five years after the
date of entry into force of the WTO Agreement and thereafter every two years for as long as the
exemption
is
in force
for
the
purpose of
examining whether the
conditions which
created
the need
for the exemption still prevail.
(c) A Member whose measures are covered by this exemption shall annually submit a detailed
statistical
notification
consisting
of
a
five-year
moving
average
of
actual
and
expected
deliveries
of
relevant
vessels
as
well
as
additional
information
on
the
use,
sale,
lease
or
repair
of relevant vessels covered by this exemption.
(d)
A
Member
that
considers
that
this
exemption
operates
in
such
a
manner
as
to
justify
a
reciprocal
and proportionate limitation on the use, sale, lease or repair of vessels constructed in the
territory
of
the
Member
invoking
the
exemption
shall
be
free
to
introduce
such
a
limitation
subject
to prior notification to the Ministerial Conference.
(e)
This
exemption
is
without
prejudice
to
solutions
concerning
specific
aspects
of
the
legislation covered by this exemption negotiated in sectoral agreements or in other fora.

UNDERSTANDING ON THE INTERPRETATION OF ARTICLE II:1(b)
OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

Members hereby agree as follows:
1. In order to ensure transparency of the legal rights and obligations deriving from paragraph
1(b) of Article II, the nature and level of any
items,
as
referred
to
in
that
provision,
shall
be
recorded
in
the
Schedules
of
concessions
annexed
to GATT 1994 against the tariff item to which they apply. It is understood that such recording
does not change the legal character of
2.
The
date
as
of
which

duties
or
charges
are
bound,
for
the
purposes
of
Article
II,
shall
be 15 April 1994.
levels applying on this date. At each subsequent renegotiation of a concession or negotiation
of a new concession the applicable date for the tariff item in question shall become the date
of the
incorporation
of
the
new
concession
in the
appropriate
Schedule. However,
the date of
the
instrument by which a concession on any particular tariff item was first incorporated into GATT
1947 or GATT 1994 shall also continue to be recorded in column 6 of the Loose-Leaf Schedules.
3.
4.
Where
a
tariff
item
has
previously
been
the
subject
of
a
concession,
the
level
of

duties
or charges
at the time of the first incorporation of the concession in that Schedule. It will be open to
any Member to challenge the existence of an

well as the consistency of the recorded level of any
bound level, for a period of three years after the date of entry into force of the WTO Agreement
or three years after the date of deposit with the Director-General of the WTO of the instrument
incorporating the Schedule in question into GATT 1994, if that is a later date.
5. The recording of
consistency with rights and obligations under GATT 1994 other than those affected by paragraph
4. All Members retain the right to challenge, at any time, the consistency of any
or charge
6.
For
the
purposes
of
this
Understanding,
the
provisions
of
Articles
XXII
and
XXIII
of
GATT
1994
as elaborated and applied by the Dispute Settlement Understanding shall apply.
7.
incorporating the Schedule in question into GATT 1994 with, until the date of entry into force
of
the
WTO
Agreement,
the
Director-General
to
the
CONTRACTING
PARTIES
to
GATT
1947
or,
thereafter,
with the Director-General of the WTO, shall not subsequently be added to it and any
or charge
restored to that level unless such additions or changes are made within six months of the date
of deposit of the instrument.
8. The
decision in paragraph 2
regarding
the date
applicable to each
concession
for
the
purposes
of paragraph 1(b) of Article II of GATT 1994 supersedes the decision regarding the applicable
date taken on 26 March 1980 (BISD 27S/24).

UNDERSTANDING ON THE INTERPRETATION OF ARTICLE XVII
OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

Members,
Noting that Article XVII provides
for obligations on Members in respect of the activities
of
the
state trading enterprises referred to in paragraph 1 of Article XVII, which are required to be
consistent with the general principles of non-discriminatory treatment prescribed in GATT 1994
for governmental measures affecting imports or exports by private traders;
Noting further that Members are subject to their GATT 1994 obligations in respect of those
governmental measures affecting state trading enterprises;
Recognizing
that
this
Understanding
is
without
prejudice
to
the
substantive
disciplines
prescribed in Article XVII;
Hereby agree as follows:
1. In order to ensure the transparency of the activities of state trading enterprises, Members
shall notify such
enterprises
to
the
Council for
Trade
in
Goods,
for
review
by
the
working party
to be set up under paragraph 5, in accordance with the following working definition:

granted
exclusive
or
special
rights
or
privileges,
including
statutory
or
constitutional
powers,
in the exercise of which they influence through their purchases or sales the level or direction
of imports or exports.
This notification requirement does not apply to imports of products for immediate or ultimate
consumption in governmental use or in use by an enterprise as specified above and not otherwise
for resale or use in the production of goods for sale.
2.
Each
Member
shall
conduct
a
review
of
its
policy
with
regard
to
the
submission
of
notifications
on state
trading
enterprises to the Council
for
Trade in
Goods, taking account of the provisions
of
this
Understanding. In carrying
out such
a review,
each
Member
should have regard to
the
need
to
ensure
the
maximum
transparency
possible
in
its
notifications
so
as
to
permit
a
clear
appreciation of the manner of operation of the enterprises notified and the effect of their
operations on international trade.
3. Notifications shall be made in accordance with the questionnaire on state trading adopted on
24 May 1960 (BISD 9S/184-185), it being understood that Members shall notify the enterprises
referred to in paragraph 1 whether or not imports or exports have in fact taken place.
4.
Any
Member
which
has
reason
to
believe
that
another
Member
has
not
adequately
met
its
notification obligation may raise the matter with the Member concerned. If the matter is not
satisfactorily resolved it may make a counter-notification to the Council for Trade in Goods,
for consideration by the working party set up under paragraph 5, simultaneously informing the
Member concerned.
5. A working party shall be set up, on behalf of the Council for Trade in Goods, to review
notifications and counter-notifications. In the light of this review and without prejudice to
paragraph
4(c)
of
Article
XVII,
the
Council
for
Trade
in
Goods
may
make
recommendations
with
regard
to the adequacy of notifications and the need for further information. The working party shall
also review, in the light of the notifications received, the adequacy of the above-mentioned
questionnaire on state trading and the coverage of state trading enterprises notified under
paragraph
1.
It
shall
also
develop
an
illustrative
list
showing
the
kinds
of
relationships
between
governments
and
enterprises,
and
the
kinds
of
activities,
engaged
in
by
these
enterprises,
which
may
be
relevant
for
the
purposes
of
Article
XVII.
It
is
understood
that
the
Secretariat
will
provide
a general background paper for the working party on the operations of state trading enterprises
as
they
relate
to
international
trade.
Membership
of
the
working
party
shall
be
open
to
all
Members
indicating their
wish to serve on it. It shall meet within a
year of the date of entry
into
force
of
the
WTO
Agreement
and
thereafter
at
least
once
a
year.
It
shall
report
annually
to
the
Council
for Trade in Goods.
UNDERSTANDING ON THE BALANCE-OF-PAYMENTS PROVISIONS
OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

Members,
Recognizing the provisions of Articles XII and XVIII:B of GATT 1994 and of the Declaration on
Trade
Measures
Taken
for
Balance-of- Payments
Purposes
adopted
on
28
November
1979
(BISD
26S/205-209,
referred
to
in
this
Understanding
as
the

Declaration
and
in
order
to
clarify
such provisions
Hereby agree as follows:

Application of Measures
1. Members confirm their commitment to announce publicly, as soon as possible, time- schedules
for the removal of restrictive import measures taken for balance-of-payments purposes. It is
understood that such time- schedules may be modified as appropriate to take into account changes
in the balance-of- payments situation. Whenever a time-schedule is not publicly announced by a
Member, that Member shall provide justification as to the reasons therefor.
2. Members confirm their commitment to give preference to those measures which have the least
disruptive effect on trade. Such measures (referred to in this Understanding as
measures
shall
be
understood
to
include
import
surcharges,
import
deposit
requirements
or
other
equivalent trade measures with an impact on the price of imported goods. It is understood that,
notwithstanding
the
provisions
of
Article
II,
price-based
measures
taken
for
balance-of-payments
purposes may be applied by a Member in excess of the duties inscribed in the Schedule of that
Member. Furthermore, that Member shall indicate the amount by which the price-based measure
exceeds
the
bound
duty
clearly
and
separately
under
the
notification
procedures
of
this
Understanding.
3.
Members
shall
seek
to
avoid
the
imposition
of
new
quantitative
restrictions
for
balance-of-payments
purposes
unless,
because
of
a
critical
balance-of-payments
situation,
price-based measures cannot arrest a sharp deterioration in the external payments position. In
those cases in which a Member applies quantitative restrictions, it shall provide justification
as to the reasons why price-based measures are not an adequate instrument to deal with the
balance-of- payments
situation.
A
Member
maintaining
quantitative
restrictions
shall
indicate
in
successive
consultations
the
progress
made
in
significantly
reducing
the
incidence
and
restrictive
effect
of such measures. It is
understood
that not
more than one type of
restrictive
import measure taken for balance-of-payments purposes may be applied on the same product.
4. Members confirm that restrictive import measures taken for balance-of- payments purposes may
only be applied to control the general level of imports and may not exceed what is necessary to
address
the
balance-of-payments
situation.
In
order
to
minimize
any
incidental
protective
effects,
a
Member
shall
administer
restrictions
in
a
transparent
manner.
The
authorities
of
the
importing
Member shall provide adequate justification as to the criteria used to determine which products
are
subject
to
restriction.
As
provided
in
paragraph
3
of
Article
XII
and
paragraph
10
of
Article
XVIII, Members may, in the case of certain essential products, exclude or limit the application
of
surcharges
applied
across
the
board
or
other
measures
applied
for
balance-of- payments
purposes.
The term
needs or which contribute to the Member''s effort to improve its balance-of-payments situation,
such as capital goods or inputs needed for production. In the administration of quantitative
restrictions, a Member shall use discretionary licensing only when unavoidable and shall phase
it out progressively. Appropriate justification shall be provided as to the criteria used to
determine allowable import quantities or values.
Procedures for Balance-of-Payments Consultations
5. The Committee on Balance-of- Payments Restrictions (referred to in this Understanding as the

taken for balance-of- payments purposes. The membership of the Committee is open to all Members
indicating
their
wish
to
serve
on
it.
The
Committee
shall
follow
the
procedures
for
consultations
on balance-of-payments restrictions approved on 28 April 1970 (BISD 18S/48-53, referred to in
this Understanding as
6. A Member applying new restrictions or raising the general level of its existing restrictions
by
a
substantial
intensification
of
the
measures
shall
enter
into
consultations
with
the
Committee
within
four
months
of
the
adoption
of
such
measures.
The
Member
adopting
such
measures
may
request
that a consultation be held under paragraph 4(a) of Article XII or paragraph 12(a) of Article
XVIII
as
appropriate.
If
no
such
request
has
been
made,
the
Chairman
of
the
Committee
shall
invite
the Member to hold such a consultation. Factors that may be examined in the consultation would
include,
inter
alia,
the
introduction
of
new
types
of
restrictive
measures
for
balance-of-payments
purposes, or an increase in the level or product coverage of restrictions.
7.
All
restrictions
applied
for
balance-of-payments
purposes
shall
be
subject
to
periodic
review
in the Committee under paragraph 4(b) of Article XII or under paragraph 12(b) of Article XVIII,
subject to the possibility of altering the periodicity of consultations in agreement with the
consulting Member or pursuant to any specific review procedure that may be recommended by the
General Council.
8. Consultations may be held under the simplified procedures approved on 19 December 1972 (BISD
20S/47-49,
referred
to
in
this
Understanding
as

consultation
procedures
in
the
case
of
least-developed
country
Members
or
in
the
case
of
developing
country
Members
which
are
pursuing
liberalization efforts in conformity with the schedule presented to the Committee in previous
consultations. Simplified consultation procedures may also be used when the Trade Policy Review
of a developing country Member is scheduled for the same calendar year as the date fixed for the
consultations. In such cases the decision as to whether full consultation procedures should be
used will be made on the basis of the factors enumerated in paragraph 8 of the 1979 Declaration.
Except
in
the
case
of
least-developed
country
Members,
no
more
than
two
successive
consultations
may be held under simplified consultation procedures.
Notification and Documentation
9. A Member shall notify to the General Council the introduction of or any changes in the
application of restrictive import measures taken for balance-of-payments purposes, as well as
any
modifications
in
time-schedules
for
the
removal
of
such
measures
as
announced
under
paragraph
1. Significant changes shall be notified to the General Council prior to or not later than 30
days
after
their announcement.
On a
yearly basis,
each
Member shall
make available
to the
Secretariat a consolidated notification, including all changes in laws, regulations, policy
statements or public notices, for examination by Members. Notifications shall include full
information, as far as possible, at the tariff-line level, on the type of measures applied, the
criteria used for their administration, product coverage and trade flows affected.
10. At the request of any Member, notifications may be reviewed by the Committee. Such reviews
would
be
limited
to
the
clarification
of
specific
issues
raised
by
a
notification
or
examination
of
whether
a
consultation
under
paragraph
4(a)
of
Article
XII
or
paragraph
12(a)
of
Article
XVIII
is required. Members which have reasons to believe that a restrictive import measure applied by
another Member was taken for balance-of-payments purposes may bring the matter to the attention
of
the
Committee.
The
Chairman
of
the
Committee
shall
request
information
on
the
measure
and
make
it available to all Members. Without prejudice to the right of any member of the Committee to
seek appropriate clarifications in the course of consultations, questions may be submitted in
advance for consideration by the consulting Member.
11.
The
consulting
Member
shall
prepare
a
Basic
Document
for
the
consultations
which,
in
addition
to any other information considered to be relevant, should include: (a) an overview of the
balance-of- payments situation
and prospects, including a
consideration of the
internal and
external factors having a bearing on the balance-of-payments situation and the domestic policy
measures
taken
in
order
to
restore
equilibrium
on
a
sound
and
lasting
basis;
(b)
a
full
description
of the restrictions applied for balance-of-payments purposes, their legal basis and steps taken
to reduce incidental protective effects; (c) measures taken since the last consultation to
liberalize import restrictions, in the light
of the
conclusions of the Committee; (d) a
plan for
the elimination and progressive relaxation of remaining restrictions. References may be made,
when relevant, to the information provided in other notifications or reports made to the WTO.
Under
simplified
consultation
procedures,
the
consulting
Member
shall
submit
a
written
statement
containing essential information on the elements covered by the Basic Document.
12.
The
Secretariat
shall,
with
a
view
to
facilitating
the
consultations
in
the
Committee,
prepare
a factual background paper dealing with the different aspects of the plan for consultations. In
the
case
of
developing
country
Members,
the
Secretariat
document
shall
include
relevant
background
and
analytical
material
on
the
incidence
of
the
external
trading
environment
on
the
balance-of-payments situation and prospects of the consulting Member. The technical assistance
services of the Secretariat shall, at the request of a developing country Member, assist in
preparing the documentation for the consultations.
Conclusions of Balance-of- Payments Consultations
13.
The
Committee
shall
report
on
its
consultations
to
the
General
Council.
When
full
consultation
procedures
have
been
used,
the
report
should
indicate
the
Committee''s
conclusions
on
the
different elements of
the plan
for consultations,
as
well as the facts
and reasons on which
they
are
based.
The
Committee
shall
endeavour
to
include
in
its
conclusions
proposals
for
recommendations aimed at promoting the implementation of Articles XII and XVIII:B, the 1979
Declaration and this Understanding. In those cases in which a time-schedule has been presented
for the removal of restrictive measures taken for balance-of-payments purposes, the General
Council may recommend that, in adhering to such a time-schedule, a Member shall be deemed to be
in compliance with its GATT 1994 obligations. Whenever the General Council has made specific
recommendations, the rights and obligations of Members shall be assessed in the light of such
recommendations.
In
the
absence
of
specific
proposals
for
recommendations
by
the
General
Council,
the Committee''s conclusions should record the different views expressed in the Committee. When
simplified
consultation
procedures
have
been
used,
the
report
shall
include
a
summary
of
the
main
elements discussed in the Committee and a decision on whether full consultation procedures are
required.
UNDERSTANDING ON THE INTERPRETATION OF ARTICLE XXIV
OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE 1994

Members,
Having regard to the provisions of Article XXIV of GATT 1994;
Recognizing that customs
unions and
free
trade areas
have greatly increased
in
number
and
importance
since
the
establishment
of
GATT
1947
and
today
cover
a
significant
proportion
of
world
trade;
Recognizing
the
contribution
to
the
expansion
of
world
trade
that
may
be
made
by
closer
integration
between the economies of the parties to such agreements;
Recognizing also that such contribution is increased if the elimination between the constituent
territories of duties and other restrictive regulations of commerce extends to all trade, and
diminished if any major sector of trade is excluded;
Reaffirming that the
purpose of such agreements
should be to facilitate
trade between the
constituent territories and not to raise barriers
to
the
trade of
other
Members with
such
territories;
and
that
in
their
formation
or
enlargement
the
parties
to
them
should
to
the
greatest
possible extent avoid creating adverse effects on the trade of other Members;
Convinced also of the need to reinforce the effectiveness of the role of the Council for Trade
in Goods in reviewing agreements notified under Article XXIV, by clarifying the criteria and
procedures for the assessment of new or enlarged agreements, and improving the transparency of
all Article XXIV agreements;
Recognizing the need for a common understanding of the obligations of Members under paragraph
12 of Article XXIV;
Hereby agree as follows:
1.
Customs
unions,
free-trade
areas,
and
interim
agreements
leading
to
the
formation
of
a
customs
union or free-trade area, to be consistent with Article XXIV, must satisfy, inter alia, the
provisions of paragraphs 5, 6, 7 and 8 of that Article.
Article XXIV:5
2. The evaluation under paragraph 5(a) of Article XXIV of the general incidence of the duties
and other regulations of commerce applicable before and after the formation of a customs union
shall in respect of duties and charges be based upon an overall assessment of weighted average
tariff
rates
and
of
customs
duties
collected.
This
assessment
shall
be
based
on
import
statistics
for
a previous
representative
period
to be supplied
by
the customs
union, on a tariff-line basis
and
in
values
and
quantities,
broken
down
by
WTO
country
of
origin.
The
Secretariat
shall
compute
the
weighted
average
tariff
rates
and
customs
duties
collected
in
accordance
with
the
methodology
used
in
the
assessment
of
tariff
offers
in
the
Uruguay
Round
of
Multilateral
Trade
Negotiations.
For
this
purpose,
the
duties
and
charges
to
be
taken
into
consideration
shall
be
the
applied
rates
of
duty.
It
is
recognized
that
for
the
purpose
of
the
overall
assessment
of
the
incidence
of
other
regulations
of commerce for
which
quantification and
aggregation are difficult, the
examination
of individual measures, regulations, products covered and trade flows affected may be required.
3. The
10
years
only
in
exceptional
cases.
In
cases
where
Members
parties
to
an
interim
agreement
believe
that
10
years
would
be
insufficient
they
shall
provide
a
full
explanation
to
the
Council
for
Trade
in Goods of the need for a longer period.
Article XXIV:6
4. Paragraph 6 of Article XXIV establishes the procedure to be followed when a Member forming
a customs union proposes to increase a bound rate of duty. In this regard Members reaffirm that
the
procedure
set
forth
in
Article
XXVIII,
as
elaborated
in
the
guidelines
adopted
on
10
November
1980 (BISD 27S/26-28) and in the Understanding on the Interpretation of Article XXVIII of GATT
1994, must be commenced before tariff concessions are modified or withdrawn upon the formation
of a customs union or an interim agreement leading to the formation of a customs union.
5. These negotiations will be entered into in good faith with a view to achieving mutually
satisfactory
compensatory
adjustment.
In
such
negotiations,
as
required
by
paragraph
6
of
Article
XXIV, due account shall be taken of reductions of duties on the same tariff line made by other
constituents of the customs union upon its formation. Should such reductions not be sufficient
to provide the necessary compensatory adjustment, the customs union would offer compensation,
which may take the form of reductions of duties on other tariff lines. Such an offer shall be
taken into consideration by the Members having negotiating rights in the binding being modified
or withdrawn. Should the compensatory adjustment remain unacceptable, negotiations should be
continued. Where, despite such efforts, agreement in negotiations on compensatory adjustment
under Article XXVIII as elaborated by the Understanding on the Interpretation of Article XXVIII
of GATT 1994 cannot be reached within a reasonable period from the initiation of negotiations,
the customs union shall, nevertheless, be free to modify or withdraw the concessions; affected
Members shall then be free to withdraw substantially equivalent concessions in accordance with
Article XXVIII.
6. GATT 1994 imposes no obligation on Members benefiting from a reduction of duties consequent
upon
the
formation
of
a
customs
union,
or
an
interim
agreement
leading
to
the
formation
of
a
customs
union, to provide compensatory adjustment to its constituents.
Review of Customs Unions and Free-Trade Areas
7. All notifications made under paragraph 7(a) of Article XXIV shall be examined by a working
party
in
the
light
of
the
relevant
provisions
of
GATT
1994
and
of
paragraph
1
of
this
Understanding.
The
working
party
shall
submit
a
report
to
the
Council
for
Trade
in
Goods
on
its
findings
in
this
regard. The Council for Trade in Goods may make such recommendations to Members as it deems
appropriate.
8.
In
regard
to
interim
agreements,
the
working
party
may
in
its
report
make
appropriate
recommendations on the proposed time-frame and on measures required to complete the formation
of the customs union or free-trade area. It may if necessary provide for further review of the
agreement.
9. Members parties to an interim agreement shall notify substantial changes in the plan and
schedule included in that agreement to the Council for Trade in Goods and, if so requested, the
Council shall examine the changes.
10.
Should
an interim
agreement
notified
under
paragraph 7(a) of
Article XXIV
not include
a plan
and schedule, contrary to paragraph 5(c) of Article XXIV, the working party shall in its report
recommend
such
a
plan
and
schedule.
The
parties
shall
not
maintain
or
put
into
force,
as
the
case
may
be,
such
agreement
if
they
are
not
prepared
to
modify
it
in
accordance
with
these
recommendations. Provision shall be made for subsequent review of the implementation of the
recommendations.
11.
Customs
unions
and
constituents
of
free-trade
areas
shall
report
periodically
to
the
Council
for Trade in Goods, as envisaged by the CONTRACTING PARTIES to GATT 1947 in their instruction
to
the
GATT
1947
Council
concerning
reports
on
regional
agreements
(BISD
18S/38),
on
the
operation
of the relevant agreement. Any significant changes and/or developments in the agreements should
be reported as they occur.
Dispute Settlement
12.
The
provisions
of
Articles
XXII
and
XXIII
of
GATT
1994
as
elaborated
and
applied
by
the
Dispute
Settlement
Understanding
may
be
invoked
with
respect
to
any
matters
arising
from
the
application
of those provisions of Article XXIV relating to customs unions, free-trade areas or interim
agreements leading to the formation of a customs union or free-trade area.
Article XXIV:12
13.
Each
Member
is
fully
responsible
under
GATT
1994
for
the
observance
of
all
provisions
of
GATT
1994,
and
shall
take
such
reasonable
measures
as
may
be
available
to
it
to
ensure
such
observance
by regional and local governments and authorities within its territory.
14.
The
provisions
of
Articles
XXII
and
XXIII
of
GATT
1994
as
elaborated
and
applied
by
the
Dispute
Settlement Understanding may be invoked in respect of measures affecting its observance taken
by
regional
or
local
governments
or
authorities
within
the
territory
of
a
Member.
When
the
Dispute
Settlement Body has ruled that a provision of GATT 1994 has not been observed, the responsible
Member shall take such reasonable measures as may be available to it to ensure its observance.