SPS Agreement, harmonization of measures (SPS 3)

measures which result in a higher level of protection (SPS 3.3)

“if there is a scientific justification”, “or as a consequence … ”

Members’ right to choose

SPS 5.1-8, obligation of compliance

SPS Agreement, risk assessment, need for (SPS 5.1-5.3 and Annex A, para. 4), “scientific justification” (SPS 3.3) and

economic development, government assistance (GATT XVIII)

applicability (GATT XVIII:4)

“can only support low standards of living” (GATT XVIII:1, GATT XVIII:4 and Ad Article)

contracting party with economy in process of development but not qualifying under GATT XVIII:4(a) (GATT XVIII:4(b) and GATT XVIII:D)

contracting party with low standard of living and in early stages of economic development (GATT XVIII:4(a))

“early stages of development” (GATT XVIII:1, GATT XVIII:4 and Ad Article)

balance of payments restrictions (GATT XII) and (GATT XVIII:2): see also Balance of Payments, Understanding on GATT XII and XVIII:B and the provisions of the Declaration on Trade Measures taken for Balance of Payments Purposes (1979)

consultations (GATT XXII), right to in case of serious adverse effects on primary commodity exports (GATT XVIII:5)

establishment of a particular industry to raise standard of living, special provisions (GATT XVIII:C)

balance of payments restrictions and (GATT XVIII:19 and Ad Article)

balance of payments restrictions, incidental protection and (GATT XVIII:19)

competitive position of industry concerned, reasonable time for assessment (GATT AD Article XVIII: 13 and 14)

concurrence and (GATT Ad Article XVIII:16, 18, 19 and 22)

conditions or limitations

serious prejudice and

consultations

concurrence in proposed measure (GATT XVIII:16)

scope (GATT XVIII:16)

time-limits for request (GATT XVIII:15)

“trade … appreciably affected by” requirement (Ad Article XVIII:15 and 16)

establishment of new branch of production/substantial transformation or expansion of existing industry (Ad Article XVIII:2, 3, 7, 13 and 22)

“interests of other contracting parties are adequately safeguarded” (GATT XVIII:18(b), GATT XVIII:22 and Ad Article)

non-concurrence and (GATT XVIII:17)

withdrawal of measures (GATT XVIII:21 and Ad Article)

notification of special difficulties and proposed measure (GATT XVIII:14 and Ad Article XVIII:13 and 14)

products included in Schedule of Concessions and (GATT XVIII:18)

serious prejudice considerations and (GATT Ad Article 16, 18, 19 and 22)

suspension of substantially equivalent concessions (GATT XVIII:21)

GATT objectives and (GATT XVIII:1)

modification of Schedules/withdrawal of concession (GATT XVIII:A)

compensatory adjustments (GATT XVIII:7(a))

failure to reach agreement (GATT XVIII:7(b))

“every effort to reach an agreement”/adequate compensatory adjustment and (GATT XVIII:7(b))

“every reasonable effort to offer adequate compensation” and (GATT XVIII:7(b))

modification or withdrawal by contracting party other than applicant (Ad Article)

“substantially equivalent” concessions, right to withdraw or modify (GATT XVIII:7(b))

implementation following agreement (GATT XVIII:7(a))

notification/negotiations (GATT XVIII:7(a))

protective measures, need for (GATT XVIII:2)

quantitative restrictions (GATT XI) and (GATT XVIII:2)

review of measures under GATT XVIII:C and D (GATT XVIII:6)

special procedures, need for (GATT XVIII:3)

temporary deviation (GATT XVIII:4(a))

economic integration agreements (GATS) (GATS V)

compensation for trade benefits accruing from, exclusion (GATS V:7 (c))

developing countries and (GATS V:3)

economic integration/trade liberalization and (GATS V:2)

juridical person, applicability to (GATS V:6)

labour markets integration agreements (GATS V bis): see labour markets integration agreements (GATS V bis)

notification requirements (GATS V:7)

labour markets integration agreements (GATS V bis)

new agreement or enlargement or significant modification (GATS V:7(a))

“promptly” (GATS V:7(a))

recommendations to parties (GATS V:7(c))

requirements

facilitation of trade/avoidance of increase in barriers (GATS V:4)

non-discrimination/national treatment under GATS XVII (GATS V:1(b))

substantial sectoral coverage (GATS V:1(a))

withdrawal or modification of specific commitment, notification requirement under GATS XXI (GATS V:5)

working party, right to establish (GATS V:7(b))

Egypt, GATT 1947 Schedules (MP 7)

electronic communication, financial services and

emergency action (GATT XIX): see safeguard measures (SG/GATT XIX), conditions

emergency safeguard measures (GATS X)

modification or withdrawal of specific commitment (GATS X:2)

modification of schedules (GATS XXI:1) and

notification requirement

multilateral negotiations (GATS X:1)

timetable

termination of provision (GATS X:3)

enforcement of intellectual property rights: see intellectual property rights, enforcement procedures (TRIPS)

enquiry points (TBT 10): see also information points (PSI 7)

multiple points, obligations concerning (TBT 10.2)

scope and responsibility (TBT 10.1)

handling of reasonable enquiries and provision of relevant documents relating to

bilateral and multilateral arrangements within the scope of TBT (TBT 10.1.4)

conformity assessment procedures operated within the territory (TBT 10.1.3)

location of enquiry points (TBT 10.1.6)

location of TBT notices (TBT 10.1.5)

membership and participation in international and regional standardizing bodies and conformity assessment systems (TBT 10.1.4)

obligation to provide complete and unambiguous information on (TBT 10.2)

standards adopted or proposed within the territory (TBT 10.1.2)

technical regulations adopted or proposed within the territory (TBT 10.1.1)

scope and responsibility (TBT 10.3)

handling of reasonable enquiries and provision of relevant documents relating to

conformity assessment procedures operated or proposed by non-governmental or regional standardizing body (TBT 10.3.2)

participation of relevant non-governmental bodies in bilateral and multilateral arrangements within the scope of TBT (TBT 10.3.3)

participation of relevant non-governmental bodies in international and regional standardizing bodies and conformity assessment systems (TBT 10.3.3)

standards adopted or proposed by non-governmental or regional standardizing body (TBT 10.3.1)

environment: see also General Exceptions (GATT XX), measures relating to, conservation of exhaustible natural resources (GATT XX(g))

agricultural reform programme and (AG Preamble)

protection as legitimate goal of national and international policy, TBT 2.2

trade policies and: see also Committee on Trade and Environment; Committee on Trade in Services and the Environment, establishment

balance, need for (WTO Preamble)

Ministerial decisions on

TRIPS provisions and, patents (TRIPS 27.2)

environmental programmes, exemption from domestic support commitments (AG Annex 2, para. 12)

equivalence: see SPS Agreement, equivalence (SPS 4)

European Communities

as “government” (LIC 1.4(a) and footnote 3)

voting rights (WTO IX:1)

exchange arrangements (IMF cooperation) (GATT XV)

consultations and exchange of information (GATT XV:2)

IMF, determinative role in regard to

consistency with IMF Articles of Agreement or special exchange agreement

determination of “serious decline” in monetary reserves

statistical and other facts

procedures for (GATT XV:3)

controls or restrictions, right to use

exchange controls or restrictions consistent with IMF Articles (GATT XV:9(a))

import or export controls or restrictions in support of exchange controls (GATT XV:9(b))

cooperation to ensure co-ordinated policy (GATT XV:1)

frustration of GATT, obligation to avoid (GATT XV:4)

“frustration” (Ad Article)

membership of IMF

obligation (GATT XV:6)

required information in case of non-members (GATT XV:8)

restrictions allegedly inconsistent with GATT provisions on (GATT XV:5)

special exchange agreement

possibility for (GATT XV:6)

requirements (GATT XV:7)

exchange rates (multiple): see also customs valuation (GATT VII and Customs Valuation Agreement (VAL)), conversion rates (GATT VII:4 and VAL 9); determination of dumping (GATT VI/AD 2), fair comparison of export price and normal value (AD 2.4/GATT VI:1), exchange rates and (AD 2.4.1)

fees and formalities and (GATT Ad Article VIII)

subsidies (GATT Ad Article XVI)

exclusive suppliers: see monopolies and exclusive service providers (GATS VIII)

exemptions from MFA treatment: see MFN treatment (GATS II), exemptions, Annex on (GATS II.2); MFN treatment (GATT I:1), exemptions (GATT I:2); MFN treatment (TRIPS 4), exemptions

“exhaustible natural resources” (GATT XX(g)), sustainable development as objective, “optimal use of the world’s resources in accordance with” (WTO Preamble)

existing subject matter, applicability of TRIPS Agreement (TRIPS 70)

acts commenced before acceptance of WTO Agreement, limitation of remedies (TRIPS 70.4)

“acts” (TRIPS 70.1)

non-discrimination (TRIPS 27.1) and (TRIPS 70.6)

“acts which occurred before date” (TRIPS 70.1)/ “existing at the date” (TRIPS 70.2)

authorization of “unauthorized” use before date of TRIPS agreement became known (TRIPS 70.6)

Berne Convention (1971), applicability (TRIPS 70.2)

intellectual property rights requiring registration and (TRIPS 70.7)

pharmaceutical and agricultural chemical products (TRIPS 70.8 and 70.9)

phonograms, performers and producers (TRIPS 70.5)

public domain, property fallen into (TRIPS 70.3)

rental rights and (TRIPS 70.5)

“subject matter” (TRIPS 70.2)

expenses: see also costs/expenses, authority to order (TRIPS 45.2 and 48)

AB (DSU 17.8)

panelists (DSU 8.11)

expert evidence: see also information or technical advice, panel’s right to seek (DSU 13); information or technical advice, panel’s right to seek (SPS 11.2); Permanent Group of Experts (PGE) (SCM 24.3)

expert participation in independent review of PDI disputes (PSI 4(b))

expert review groups, rules and procedures (DSU, Appendix 4): see also consultation and dispute settlement (TBT 14), technical expert group

confidentiality of information (para. 5)

formal authorization for release

non-confidential summary

independence of members (para. 3)

participation

citizens of parties to the dispute (para. 3)

with agreement of parties

in exceptional circumstances

governments officials

persons of professional standing and experience in the field (para. 2)

reports (para. 6)

advisory nature

responsibility to panel (para. 1)

right to consult (para. 4)

right to seek information and technical advice (para. 4)

notification to Member with jurisdiction

prompt and full response, need for

expertise, GATS panels on prudential issues and financial matters (GATS Annex on financial services, para. 4)

export competition commitments (AG 8)

incorporated agricultural primary product, applicability to (AG 11)

export credits (Ministerial decision on measures concerning possible negative effect of the reform programme (para. 4)): see also export subsidy commitments, prevention of circumvention (AG 10), export credit guarantees (AG 10.2); Illustrative List of Export Subsidies (SCM Annex I), export credit guarantee or insurance programmes at inadequate premium rates (item (j)); Illustrative List of Export Subsidies (SCM Annex I), export credits at rates below actual cost of funds so employed (item (k)); Least-Developed and Net Food-Importing Countries, Decision on Measures concerning the Possible Negative Effects of the Reform Programme, implementation (AG 16)

export prohibitions and restrictions in accordance with GATT XI:2(a) (AG 12)

consultations, obligation to offer opportunity for (AG 12.1(b))

developing country Member, exemption (AG 12.2)

due consideration to effect on food security, need for (AG 12.1(a))

information relating to, right of Member to seek (AG 12.1(b))

notice in writing, need for (AG 12.2(b))

“export restrictions” (GATT Ad Articles XI, XII, XIII, XIV and XVIII)

“export subsidies” (AG 1(e)/AG 9.1)

“direct subsidies including payments in kind … ”(AG 9.1(a))

“internal transport and freight charges … provided or mandated by governments …” (AG 9.1(e))

“payments … financed by virtue of governmental action (AG 9.1(c))”: see payments on export of agricultural product financed by virtue of governmental action (AG 9.1(c))

“sale or disposal for export … on agricultural products at a price lower than the comparable price…” (AG 9.1(b))

subsidies contingent on incorporation of product in exported product (AG 1(f))

subsidies to reduce the costs of marketing exports (AG 9.1(d)): see costs of marketing exports (AG 9.1(d))

export subsidy commitments (AG 9)

budgetary outlay reduction commitments (AG 9.2(i))

export quantity reduction commitments (AG 9.2(b))

exports subsidies in excess of annual commitment levels, permissibility (AG 9.2(b))

limitation of subsidies to commitment levels specified in Member’s Schedule (AG 3(2)), “subject to provisions of [AG 9.2(b) and 4]”

limitations on the extension of the scope of subsidization (AG 9.4)

export subsidy commitments, prevention of circumvention (AG 10)

“applied in a manner which results in, or which threatens to lead to, circumvention …” (AG 10.1)

burden of proof (AG 10.3): see burden of proof, reversal in respect of circumvention of export subsidy commitments (AG 10.3)

export credit guarantees (AG 10.2)

food aid (international): see food aid (international)

“non-commercial transactions” (AG 10.1)

export subsidy, prohibited (AG 3.3): see also subsidy, prohibited (SCM, Part II)

provision of export subsidies under AG 9.1, dependence on

unscheduled products

export subsidy, prohibited (SCM, Part II): see also payments on export of agricultural product financed by virtue of governmental action (AG 9.1(c))

Illustrative List of Export Subsidies (SCM Annex I): see Illustrative List of Export Subsidies (SCM Annex I)