safeguard
measures (SG/GATT
XIX), application of measures (SG 5)
integration of product under ATC 2 (ATC
2.19)
quota modification, requirements (SG
5.2(b))
quota shares, allocation (SG
5.2(a))
“to the extent necessary” (proportionality)
(SG 5.1)
“clear justification”, need for
serious injury limited to increased imports,
limitation to
safeguard
measures (SG/GATT
XIX), conditions (SG 2)
causation (SG 2.1): see also determination
of serious injury or threat thereof, requirements (SG 4), causation
(SG 4.2(b))
relevant factors (SG
4.2(a))/ “under such
conditions” (SG 2.1), equivalence
free trade agreements/customs unions and (SG 2.1,
footnote 1)
parallelism between SG 2.1 and
SG 2.2, “product
being imported”
“product being imported” (SG
2.1)
“such increased quantities”
“as a result of effect of obligations under
[GATT]” (GATT XIX:1(a))
“as a result of unforeseen developments” (GATT
XIX:1(a))
agreement not to resort to (AG
5.8)
safeguard
measures (SG/GATT
XIX), determination of serious injury or threat
thereof: see determination
of serious injury or threat thereof, requirements (SG 4)
safeguard
measures (SG/GATT
XIX), duration and review (SG 7)
duration
4 years (SG 7.1)
8 years as maximum (including period of
provisional measure and any extension thereof) (SG
7.3)
extension (SG 7.2)
provisional measures (SG
6) and (SG 6 and SG
7)
extension of measure (SG
7.1-7.3)
developing country Members and (SG
9.2)
modifications reducing restrictiveness (SG
7.4)
progressive liberalization (SG
7.4)
measure extended under SG 7.2
reapplication of measure (SG
7.5)
developing country Members and (SG
9.2)
with duration of 180 days of less (SG
7.6)
review of measure exceeding 3 years (SG
7.4)
notification (SG
12.5)
safeguard
measures (SG/GATT
XIX), level of concessions (SG 8)
compensation for adverse trade effects, right to
agree on (SG 8.1)
“equivalent”
“adequate opportunity for prior consultations”
(SG 12.3) and
review of proposals for (SG
13.1(e))
“substantially equivalent” (SG
13.1(e))
suspension of substantially equivalent concessions
(SG 8.2)
notification (SG
12.5)
timing (SG 8.3)
written notice of suspension, need for
safeguard
measures (SG/GATT
XIX), notification (SG 12): see also
consultations (SG 12)
“all pertinent information” (SG
12.2)
Committee on Safeguards, role (SG
13.1(f))
confidential information and (SG
12.11)
decision to apply safeguard (SG
12.1(c))
finding of serious injury or threat thereof caused
by increased imports (SG 12.1(b))
initiation of investigation and reasons for it (SG
12.1(a))
laws, regulations and administrative procedures
and modifications (SG 12.6)
laws, regulations and administrative procedures
not notified by other Members (SG 12.8)
non-governmental measures under SG 11.3 (SG
12.9)
notice in writing (GATT
XIX:2)
notification through Committee on Safeguards (SG
12.10)
pre-existing measures (SG
10/SG 12.7)
provisional safeguard measure (SG
12.4/GATT XIX:2)
result of consultations (SG
12.5)
review of measures (SG
12.5)
right to request additional information (SG
12.2)
suspension of concessions (SG
12.5)
in absence of agreement (GATT
XIX:3(a))
in absence of consultation (GATT
XIX:3(b))
timeliness (SG 12.1,
12.3 and GATT
XIX:2)
“as far in advance as may be practicable” (GATT
XIX:2)
“immediately” (SG
12.1)
safeguard
measures (SG/GATT
XIX), pre-existing GATT XI measures, termination (SG
10)
Committee on Safeguards, role (SG
13.1(d))
safeguard
measures (SG/GATT
XIX), prohibition and elimination of certain measures
(SG 11)
applicability (SG
11.1)
export restraints, orderly marketing arrangements
or other similar measures (SG 11.1(b))
“similar measures” (footnote
4)
GATT XI-consistent measures (SG
11.1(a)) and
GATT-consistent measures (provisions other than
GATT XIX) and Multilateral Agreements (SG
11.1(c)) and
notification (SG
11.2)
exception, notification
EC/Japan (SG Annex)
timetables
obligation not to encourage or support
non-governmental measures (SG 11.3)
notification obligation (SG
12.9)
timetable for elimination (SG
11.2)
Committee on Safeguards, role (SG
13.1(d))
safeguard
measures (SG/GATT
XIX), review: see safeguard measures
(SG/GATT XIX), duration and review (SG 7)
Safeguards
Agreement (SG)
applicability to measures provided for in GATT XIX
(SG 1)
dispute settlement (SG
14)
implementation and operation: see Committee
on Safeguards (SG 13), surveillance obligations
objectives (SG Preamble)
clarification and reinforcement of GATT
disciplines
enhancement of international competition
multilateral control of safeguards
strengthening of GATT international trading system
Schedules of
Concessions (GATT II): see also Schedules of Specific
Commitments (GATS XX)
authentic languages (MP
8)
currency for purposes of (GATT
II:6)
dutiable value or currency conversion and (GATT
II:3)
implementation, right of multilateral examination
(MP 3)
rights and obligations under covered agreements,
effect on
as integral part of GATT 1994 (GATT
II:7)
monopolies and (GATT
II:4)
monopolies (GATT
II:4), Havana Charter and (GATT
Ad Article II:4)
“other duties or charges” (GATT
II:1(b))
“other duties or charges” (GATT
II:1(b)),
Understanding on the Interpretation of
applicable date (para.
2)
26 March 1980 (BISD 27S/24) and (para.
8)
as constituent part of GATT 1994 (GATT 1994,
1(c)(i))
dispute settlement and (para.
6)
omission from schedule, effect (para.
7)
recording
consistency with other GATT rights and obligations
(para. 5)
effect (para. 1)
obligation (para. 3)
tariff item previously subject of concession and (para.
4)
transparency of legal rights and obligations and (para.
1)
products described in Part II of the Schedule (GATT
II:1(c))
schedules annexed to Marrakesh Protocol as (MP
1)
“subject to the terms, conditions or
qualifications in the schedule” (GATT II:1(b))
tariff reductions, staged implementation (MP
2)
“treatment contemplated”, alleged
failure to accord (GATT II:5)
compensatory adjustment
treatment no less favourable than that provided in
appropriate schedule (GATT II:1(a))
Understanding: see Schedules of Concessions
(GATT II), “other duties or charges” (GATT
II:1(b)), Understanding
on the Interpretation of
withdrawal of concessions: see withholding
or withdrawal of concessions (GATT XXVII)
Schedules of
Concessions (Part IV: commitments limiting subsidization of agricultural
products)
as ceiling for domestic producer support (AG
2)
incorporated agricultural primary products,
applicability to (AG 11)
as integral part of GATT 1994 (AG
3.1)
Schedules of
Specific Commitments (GATS XX): see also progressive
liberalization, negotiation of specific commitments (GATS XIX);
Schedules of Concessions (GATT II)
additional commitments (GATS
XVIII): see also
Financial Services, Understanding on Commitments in
basic telecommunications
as integral part of GATS Agreement (GATS
XX:3)
maritime transport services
measures inconsistent under GATS XVI and XVII
(GATS XX:2)
modification or withdrawal of commitments: see
modification of Schedules (GATS XXI)
required information (GATS
XX:1)
suspension of obligation and specific commitments
in accordance with DSU 22 (GATS
XXIII:2)
SCM Agreement
applicability, annexes as integral part of
agreement (SCM 32.8)
applicability (SCM
32.3), pre-/post-WTO reviews
conformity of laws, regulations and administrative
procedures with LIC Agreement (SCM
32.5)
obligation to inform SCM Committee of changes to
laws and regulations and administration (SCM
32.6)
consultations: see consultations
(SCM 4.1-4); request for establishment of panel, requirements
(SCM 4.4)
dispute settlement (SCM
30): see
consultation and dispute settlement (SCM 30); consultations (SCM
4.1-4);
request for establishment of panel, requirements (SCM 4.4)
institutions (SCM
24): see also Committee
on Subsidies and Countervailing Measures (SCM Committee) (SCM 24);
subsidy, definition (SCM 1)
notification obligations (SCM
25): see
subsidy, non-actionable (SCM 8), notifications (SCM
8.3)
Permanent Group of Experts: see Permanent
Group of Experts (PGE) (SCM 24.3)
provisional application of Articles 6.1, 8 and 9 (SCM
31), review
provisional measures (AD
7/SCM 17): see
provisional measures (AD 7/ SCM 17)
relationship with other agreements: see also
specific action against dumping (AD 18.1) or subsidy (SCM 32.1)
retroactivity: see retroactivity
(countervailing measures) (SCM 20)
review of implementation and operation (SCM
32.7)
specific action against subsidy (SCM
32.1): see
specific action against dumping (AD 18.1) or subsidy (SCM 32.1)
specificity: see subsidy,
specificity (SCM 2)
subsidy, non-actionable (SCM
8): see
subsidy, non-actionable (SCM 8)
transitional arrangements: see transitional
arrangements (SCM)
Secretariat
(WTO VI): see also Director-General (WTO VI)
appointment of staff (WTO
VI:3)
conditions of service, determination (WTO
VI:3)
duties, determination (WTO
VI:3)
GATT 1947 Secretariat as (WTO
XVI:1)
instructions from government or authority external
to WTO, exclusion (WTO VI:4)
organization, budget and financial matters (Ministerial
Decision)
role and responsibilities
Balance of Payments Committee consultations (BOPU
12)
dispute settlement (DSU
27)
international matters, limitation to (WTO
VI:4)
notifications
quantitative restrictions under GATT 1947
(ATC 2.7)
technical regulations and standards (TBT 2.10.1
and TBT 5.7.1)
review of non-actionable subsidies (SCM
8.4)
Safeguards Agreement (SG), reports on operation
(SG 13.2)
SPS regulations (SPS, Annex B,
para. 1(b))
support in preparation of documentation for
Balance of Payments Committee (BOPU 12)
technical assistance services, Balance of Payments
Committee and (BOPU 12)
security
exceptions (GATS XIV bis)
action in pursuit of UN obligations for
maintenance of international peace and security (GATS XIV bis:1(c))
action to protect
during war or international emergency (GATS XIV bis:1(b)(iii))
fissionable and fusionable materials (GATS XIV bis:1(b)(2))
provisioning of military establishment (GATS XIV bis:1(b)(1))
disclosure of information contrary to essential
security interests (GATS XIV bis:1(a))
notification of measures and termination (GATS XIV
bis:2)
security
exceptions (GATT XXI)
action in pursuit of UN obligations for
maintenance of international peace and security (GATT
XXI(c))
action to protect
during war or international emergency (GATT
XXI(b)(iii))
fissionable and fusionable materials (GATT
XVI(b)(i))
provisioning of military establishment (GATS XIV bis:1(b)(1))
confidential information and (GATT
XXI(a))
import licensing procedures, applicability to (LIC
1.10)
telecommunications (GATS Annex, para.
5(d))
traffic in arms (GATT
XXI(b)(ii))
security
exceptions (TBT)
TBT Preamble
as legitimate objective (TBT
2.2)
security
exceptions (TRIPS 73)
action in pursuit of UN obligations for
maintenance of international peace and security (TRIPS
73(c))
action to protect
during war or international emergency (TRIPS
73(b)(iii))
fissionable and fusionable materials (TRIPS
73(b)(i))
supply to military establishment (TRIPS
73(b)(ii))
traffic in arms (TRIPS
73(b)(ii))
disclosure of information contrary to essential
security interests (TRIPS 73(a))
serious
damage or actual threat (ATC): see transitional
safeguards (ATC 6)
“serious
prejudice” (SCM 5(c)), obligation to remove adverse threats or
withdraw subsidy (SCM 7.8)
“serious
prejudice” (SCM 6)
civil aircraft and (footnotes 15 and
16)
determination, basis for (SCM
6.8)
developing country Members, exclusion (SCM
27.9)
“displace or impede”, imports (SMC
6.3(a))
displacement or impediment to exports (SCM
6.3(b))
“change in relative shares of the market”
and (SCM 6.4)
circumstances excluding (SCM
6.7)
displacement or impediment to imports (SCM
6.1(a)), need for
ad valorem subsidization, calculation (SCM
Annex IV)
“effect of the subsidy” (SMC
6.3(a))
increase in world market share following
consistent trend (SCM 6.3(d))
information, panel’s right to seek: see
information concerning serious prejudice, panel’s right to seek (SCM
Annex V)
information regarding changes in market shares and
prices, obligation to provide (SCM
6.6)
presumption of (SCM
6.1)
ad valorem subsidization exceeding 5 per cent
(SCM 6.1(a) and footnote 14)
direct forgiveness of debt (SCM
6.1(d))
rebuttability (SCM
6.2)
royalty-based financing of civil aircraft
programme distinguished (footnote 16)
subsidies to cover enterprise operating losses (SCM
6.1(c))
non-recurrent subsidies and
subsidies to cover industry operating losses (SCM
6.1(b))
“significant price undercutting” (SCM
6.3(c))
comparative pricing and (SCM
6.5)
statement of evidence (SCM
7.2) and (footnote 19)
“serious
prejudice” (SCM 27.8)
burden of proof/ “positive evidence”
settlement
of disputes by agreement: see mutually agreed/acceptable
solution to matters raised formally (DSU 3.6)
ships:
see foreign vessel, use, sale or lease in national waters or
EEZ,
exemption from GATT, Part II (GATT 1994, 3); freedom of transit (GATT V); maritime transport
servicses
South
Africa, GATT 1947 Schedules (MP 7)
special or
additional rules and procedures for dispute settlement (DSU 1.2 and
Appendix 2)
conflict with DSU provisions, precedence in case
of (WTO Annex 1A/ DSU 1.2)
Plurilateral Trade Agreements and (Appendix
2)
precedence
conflict with DSU provisions and
DSU 4, footnote 3
in disputes involving more than one covered
agreement
DSB Chair, role
special and
differential treatment for developing country Members (AG
15): see
also developing country Members
(AG), domestic support commitments (AG
6.2); Least-Developed and Net Food-Importing Countries, Decision on
Measures concerning the Possible Negative Effects of the Reform
Programme, implementation (AG 16)
AG Preamble and
continuing reform process and (AG
20(c))
flexibility in implementation of reduction
commitments (AG 15.2)
implementation of reduction commitments, extended
period (AG 15)
as integral part of negotiation (AG
15.1)
least-developed country Members, exemption from
reduction commitments (AG 15.2)
special and
differential treatment for developing country Members (MD 5)
special and
differential treatment for developing country Members (SCM 27)
actionable subsidies (SCM
27.9). nullification or
impairment claims, limitation to
de minimis subsidization threshold (SCM 27.10
and 27.11)
determination of (SCM
27.12)
developing country Members, covered by (Annex
VII)
exemption
SCM 3.1(a) (transitional period) (SCM
27.3)
SCM 3.1(b) (transitional period) (SCM
27.2)
SCM 4 (remedies) (SCM
27.7)
SCM Part II (actionable subsidies) (SCM
27.13)
period for (SCM
27.5)
phase out/standstill obligation (SCM
27.4)
benchmark period (SCM 27.4, footnote
55)
consultations and
export competitiveness, definition (SCM
27.6)
export competitiveness, period for establishment
of (SCM 27.5)
extension of transition period
“grant” (SCM 27.4, footnote
55)
“inconsistent with its development
needs”, responsibility for determining
“prohibited” subsidy status (SCM
3.1(a))
and
review
specific countervailing measure (SCM
27.15)
specific export subsidy (SCM
27.14)
serious prejudice (SCM
27.8)
subsidies, importance to economic development
programmes (SCM 27.1)
special and
differential treatment for developing country Members (TBT 12)
consultations (TBT
12.9)
differential and more favourable treatment,
obligation to provide (TBT 12.1)
indigenous technology and production methods,
preservation (TBT 12.4)
institutional arrangements and (TBT
12.2)
international standardizing bodies and conformity
assessment systems (TBT 12.5)
active and representative participation in
organization and operation
international standards, guides or
recommendations, non-applicability of inappropriate (TBT
12.4)
international standards of special interest to
developing country Members, possibility of (TBT
12.6)
periodic examination of special and differential
treatment (TBT 12.10)
rights and obligations, obligation to give
particular attention to (TBT 12.2)
special development, financial and trade needs,
relevance
consultations (TBT
12.9)
implementation of TBT Agreement (TBT
12.2)
preparation and application of technical
regulations (TBT 12.3)
technical assistance in preparation and
application of technical regulations, standards and conformity
assessment procedures (TBT 12.7)
least-developed country Members and
unnecessary obstacles, avoidance (TBT
12.3)
special and
differential treatment for developing and least-developed country
Members (ATC 6.6(a) and (c))
special and
differential treatment for developing and least-developed country
Members (SPS 10)
exceptions, Committee’s right to grant (SPS
10.3)
“in whole or in part”
“specified”
“time-limited”
“upon request”
international organizations, encouragement and
facilitation of participation in (SPS
10.4)
“longer time-frames for compliance” (SPS
10.2)
phased introduction of new measures (SPS
10.2)
right to delay application of SPS provisions (SPS
14)
special and
differential treatment (VAL 20/VAL Annex
III)
continued application of 1979 Agreement (VAL
20.1)
delayed application of Customs Valuation Agreement
(VAL 20.1)
extension for good cause (Annex III, para. 1)
notification, need for
VAL 1.2(b)(iii) and VAL 6 (VAL
20.2)
problems relating to sole agents, distributors and
concessionaires (Annex III, para. 5)
reservations relating to
application of VAL 5.2 (Annex III, para.
4)
officially established minimum values (Annex III,
para. 2)
reversal of sequential order of VAL 5 and 6 (Annex
III, para. 3)
technical assistance programmes (VAL
20.3)
special
safeguards (AG 5)
additional duty (AG
5.1(a))
duration (AG
5.4)
level (AG 5.4)
notice in writing, need for (AG
5.7)
perishable and seasonal products, special
treatment (AG 5.6)
supplies en route under contract concluded
before AG 5.1(a) action, exemption (AG
5.4)
additional duty (AG
5.1(b))
declining volume of imports, relevance (AG
5.7)
level (AG 5.5)
notice in writing, need for (AG
5.7)
c.i.f. import price (AG
5(1)(b))
consultations, obligation to offer opportunity for
(AG 5.7)
duration of special safeguard provisions (AG
9)
imports under commitments established as part of a
concession (AG 5.2)
additional duties under AG
5.1(a), AG 5.4, AG
5.1(b) and AG 5.5, effect
determination of volumes under AG 5.1(a) and
AG
5.4
market access (AG
4) and (AG 5.1)
notice in writing, requirements (AG
5.7)
time-limits
perishable and seasonal products (AG
5.6)
notice in writing, need for (SG 5.7)
reference price (AG 5.1(b) and
footnote 2)
requirements (AG
5.1)
designation in Schedule with symbol “SSG”
measure converted into ordinary customs duty
price below trigger price (AG
5.1(b))
volume of imports exceeding trigger level relating
to mark access opportunity (AG
5.1(a))
imports under commitments as part of a concession,
inclusion (AG 5.2)
supplies en route under contract concluded
before AG 5.1(a) action, inclusion (AG
5.3)
safeguard measures under SG 8/GATT XIX, exclusion
(AG 8)
supplies en route under contract concluded
before AG 5.1(a) action
exemption from additional duty (AG
5.3)
inclusion in volume calculation
transparency, need for (AG
5.7)
trigger level (AG
5.4)
special
treatment with respect to AG 4.2 (AG Annex
5): see market
access (AG 4), special treatment with respect to AG 4.2
(AG Annex 5)
specific
action against dumping (AD 18.1) or subsidy (SCM
32.1),
requirements, accordance with provisions of GATT VI as interpreted by
Anti-Dumping Agreement
specificity
of subsidy: see subsidy,
specificity (SCM 2)
SPS
Agreement: see also Committee on Sanitary and
Phytosanitary Measures (SPS Committee)
SPS
Agreement, administration (SPS 12): see Committee on
Sanitary and Phytosanitary Measures (SPS Committee)
SPS
Agreement, applicability (SPS 1)
AG product coverage and (AG Annex 1, para.
2)
TBT 1.5
agreement of Members to give effect to (AG
14)
annexes as integral part of agreement (SPS
1.3)
developing and least-developed country Members,
right to delay application (SPS 14)
GATT XX(b), relevance
SPS 2.4
SPS Preamble, footnote 1
phytosanitary measure affecting international
trade (SPS Preamble)
TBT Agreement, applicability to (TBT
1.5/SPS
1.4)
SPS
Agreement, appropriate level of protection (SPS
5.5-5.6)
adaptation to regional conditions (SPS
6)
pest— or disease-free areas (SPS
6.2)
burden of proof (SPS
6.3)
relevant factors
consistency in application (SPS
5.5)
arbitrary or unjustifiable inconsistencies,
exclusion
discrimination or disguised restriction of trade
resulting from inconsistency
guidelines to further the practical implementation
of Article 5.5, obligation to cooperate in development of (SPS
5.5)
voluntary risk and
definition (SPS Annex A, para.
5)
measures “not more trade restrictive than
required to achieve their appropriate level of … protection” (SPS
5.6)
“appropriate level”, determination
“taking into account technical and economic
feasibility”
requirements (SPS 5.6, footnote
3)
SPS
Agreement, basic rights and obligations (SPS
2)
arbitrary or unjustifiable discrimination,
exclusion (SPS 2.3)
appropriate level of protection and (SPS
5.5)
SPS Preamble
as balance between promotion of international
trade and protection of human, animal or plant life or health (SPS
2.2):
see also General Exceptions (GATT
XX), measures relating to,
human, animal or plant life or health (GATT
XX(b))
notification requirements in case of urgency (TBT
2.10)
“only to the extent necessary”,
trade-restrictive measures, exclusion (SPS
5.4-6) and
right to take SPS-consistent protective measures (SPS
2.1)
disguised restriction on international trade,
exclusion (SPS 2.3)
SPS
Agreement, consultation and dispute settlement (SPS
11): see
consultation and dispute settlement (SPS 11)
SPS
Agreement, control, inspection and approval procedures (SPS 5.8/Annex C)
completion without delay (Annex C, para.
1(a))
confidentiality (Annex C, para.
1(d))
control at level of production (Annex C, para.
2)
criteria for siting of facilities and selection of
samples (Annex C, para. (g))
definition (Annex C, footnote
7)
equality of treatment between imported and like
domestic products (Annex C, para. 1(a))
fees (Annexe C, para.
1(g))
information requirements, limitation (Annex C,
para. 1(c))
inspection within own territory (Annex C, para.
3)
international standard as interim basis for access
(Annex C, para. 1)
obligation to
ensure that procedures not inconsistent with SPS
Agreement
observe provisions of Annex C
processing period (Annex C, para.
1(b))
for products modified subsequent to original
control and inspection (Annex C, para.
1(h))
reasonable and necessary requirements, limitation
to (Annex C, para. 1(e))
review of complaints (Annex C, para.
1(i))
SPS
Agreement, definitions (Annex A)
“appropriate level of sanitary or
phytosanitary protection” (para. 5)
“area of low pest or disease prevalence” (para.
7)
“harmonization” (para.
2)
“international standards, guidelines and
recommendations” (para. 3)
“risk assessment” (Annex A, para.
4): see
SPS Agreement, risk assessment, need for (SPS 5.1-5.3 and Annex A, para.
4)
“risk assessment” (para.
4)
“sanitary or phytosanitary measure” (para.
1)
SPS
Agreement, equivalence (SPS 4)
burden of proof (“objectively
demonstrates”) (SPS 4.1)
access for inspection, testing and other relevant
procedures
consultations on negotiation of bilateral and
multilateral agreements, obligation (SPS
4.2)
developing country Members, recognition of special
difficulties (SPS Preamble)
test of equivalence (SPS
4.1)
SPS
Agreement, harmonization of measures (SPS
3)
measures based on international standards (SPS
3.1)
“where they exist”
measures which conform to international standards
(SPS 3.2)
burden of proof
presumption of consistency
measures which result in a higher level of
protection (SPS 3.3)
“if there is a scientific justification”
requirements for purposes of (SPS 3.3, footnote
2)
interrelationship with SPS 3.1 and
3.3
object and purpose (SPS
Preamble)
SPS
Agreement, implementation (SPS 13)
measures taken by body other than central
government (SPS 13)
obligations of Members
formulation and implementation of positive
measures and mechanisms
imposition of measures requiring or encouraging
SPS-inconsistent behaviour, avoidance
observation of obligations
reasonable measures to ensure compliance by
non-governmental entities
SPS
Agreement, international standards, guidelines and recommendations (SPS
Preamble)
as adopted by relevant international organizations
definition (SPS Annex A, para.
3)
encouragement to use (SPS
12.2)
list, preparation by SPS Committee (SPS
12.4)
monitoring by SPS Committee (SPS
12.4)
obligation to play full part (SPS
3.4)
possibility of non-compliance or non-existence (SPS
5.8)
SPS
Agreement, risk assessment, need for (SPS 5.1-5.3 and
Annex A, para. 4)
arbitrary or unjustifiable inconsistencies,
obligation to avoid (SPS 5.5) and
balance of SPS interests and (SPS
5.1)
ecological and environmental conditions
measure in constraint or potential constraint of
exports (SPS 5.8)
“and not based on international standards,
guidelines or recommendations”
explanation of reasons, right to request
measures based on, need for (SPS
5.1)
“appropriate to the circumstances”
balance between measure and risk, need for (SPS
5.3)
relevant economic factors (SPS
5.3)
methodology (SPS
5.1), techniques developed by the
relevant international organizations
minimization of negative trade effects, obligation
(SPS 5.4)
relevant factors (SPS
5.2)
area of low pest or disease prevalence, definition
(SPS Annex A, para. 7)
available scientific evidence
pest— or disease-free area, definition (SPS Annex
A, para. 6)
pest— or disease-free areas (SPS
5.2)
pest— or disease-free areas (SPS
6.2)
prevalence of specific diseases or pests
processes and production methods
quarantine or other treatment
“risk assessment” (Annex 4,
paqra. 4)
“scientific justification” (SPS
3.3) and
“sufficient scientific evidence”
requirement (SPS 2.2) and
SPS
Agreement, special and differential treatment (SPS
10): see
special and differential treatment for developing and least-developed
country Members (SPS 10)
SPS
Agreement, sufficient scientific evidence, need for (SPS
2.2): see
also information or technical advice, panel’s right to seek (SPS
11.2); SPS Agreement, harmonization of measures (SPS
3); SPS Agreement,
risk assessment, need for (SPS 5.1)
precautionary principle (SPS
5.7)
provisional adoption of measures in case of
insufficiency of scientific evidence (SPS
5.7)
“available pertinent information”
obligation to seek to obtain additional
information
for more objective assessment of risk
within “a reasonable period of time”
“provisional”
SPS
regulations, transparency (SPS 7 and Annex
B)
documents, supply at cost to nationals (Annex B,
para. 4)
enquiry points (Annex B, para.
3)
language requirements
limited nature of obligation (Annex B, para.
11(a))
notification (Annex B, para.
7)
provision of specific notification in English,
French or Spanish (Annex B, para. 8)
notification procedures
confidential information and (Annex B, para.
11(b))
copies of notification (Annex B, para.
9)
designation of central government authority
responsible for implementation (Annex B, para.
10)
language (Annex B, para.
7)
notification through Secretariat of covered
products (Annex B, para. 1(b))
“at an early stage”
objective and rationale, need for
provision of copy of proposed regulation (Annex B,
para. 5(c))
with indication of deviation from international
standards, guidelines or recommendations
publication of notice at early stage (Annex B,
para. 5(a))
reasonable time for comments in writing and
discussion (para. d)
“without discrimination”
urgency, omission of steps in case of (Annex B,
para. 6), requirements
publication requirements: see publication
of measures such as laws, decrees or ordinances (SPS Agreement,
Transparency of SPS Regulations (Annex B) (para. 1, footnote 5))
SPS,
technical assistance (SPS 9)
developing country Members, special responsibility
towards (SPS 9.1)
eligibility as (SPS
9.1)
facilitation of provision bilaterally or through
international obligations (SPS 9.1)
standard of
review (DSU 11): see also competence (AB) (DSU
17.6);
information or technical advice, panel’s right to seek (DSU 13); panel
reports, rationale, need for (DSU 12.7); standard/powers of review (AD 17.6)
“make such other findings”
“objective assessment of the facts”
“objective assessment of matter before it”
applicability of and conformity with relevant
covered agreements
standard/powers
of review (AD 17.6)
assessment of the facts (AD
17.6(i))
de novo review, exclusion
“unbiased and objective”
interpretation of relevant provisions of AD (AD
17.6(ii))
in accordance with customary rules of
interpretation of public international law
“admits of more than one permissible
interpretation”
investigating authorities’ establishment of
facts (AD 17.6(i))
“establishment”
“proper”
review of standard, Ministerial Decision
Standards,
Code of Good Practice for the Preparation, Adoption and Application (TBT
Annex 3): see standards, preparation, adoption and
application of (TBT 4 and Annex 3 (Code))
standards,
preparation, adoption and application of (TBT
4 and Annex 3 (Code)):
see also technical regulations (TBT
Agreement), “international
standards … as a basis for technical regulation” (TBT 2.4 and
Code,
para. F)
applicability in case of departure from ISO/IEC
Guide (TBT 2.4)
Code of Good Practice
acceptance
eligibility (Code, para.
B)
relevance (TBT
4.1)
acceptance/withdrawal, notification to ISO/IEC
Information Centre (Code, para. C)
Annex 1 definitions, applicability (Code, para.
A)
implementation, consultation regarding
representations (Code Q)
compliance with Code (TBT
4)
acceptance and compliance as compliance with TBT
principles (TBT 4.1)
central government and (TBT
4.1)
local government and non-governmental bodies and (TBT
4.1)
measures requiring or encouraging
Code-inconsistent behaviour, obligation not to take (TBT
4.1)
regional standardizing bodies and (TBT
4.1)
consensus and
Annex 1, para. 2 and Explanatory Note
Code, para. H
draft standards
comments
obligation to take into account (Code, para.
N)
period for (Code, para.
L)
reply to (Code, para.
N)
copies, provision of (Code, para.
M)
publication following adoption (Code, para.
O)
information relating to, obligation to provide
copies
draft standards (Code, para.
M)
standards produced by work programme (Code, para.
P)
work programmes (Code, para.
P)
ISONET, membership/association with member (Code,
para. K)
language of draft titles (Code, para.
J)
notification procedures
acceptance of/withdrawal from Code (Code, para.
C)
draft standards, period for comment on (Code,
para. L)
work programmes (Code, para.
J)
principles and guidelines (Code)
avoidance of unnecessary obstacles to
international trade (para. E)
participation of standardizing body in preparation
of international standards (para. G)
representation
performance as measure (para.
H)
treatment no less favourable (para.
D)
publication
ISO/IEC Information Centre publication, Decision
on review of
standard, promptly following adoption (Code, para.
O)
work programmes (Code, para.
J)
regional standardizing bodies
avoidance of duplication of or overlap with work
of international bodies (Codex=para. H)
definition (Annex 1, para.
4)
“standard” (Annex 1, para.
2)
“under preparation” (Code, para.
J)
Understanding on WTO-ISO Standards Information
System, Decision on
work programmes (Code,
para.
J)
copies of, obligation to provide (Code,
para.
P)
frequency
language of draft titles
notification procedure
means of transmission
timing
notification procedure, required information
classification
name and address of standardizing body
name and issue of publication in which published
references of international standards taken as
basis
stage in development
publication, need for
“start-up
situation” (SCM Annex IV, footnote
65)
State
responsibility, for implementation by regional or local
government of panel or AB recommendations (DSU
22.9)
State
trading enterprises (GATT XVII)
balance of payments, restrictions to safeguard (GATS
XII) and
determination of dumping and (GATT Ad Article
VI:1, para. 2)
differential pricing (GATT Ad Article
XVII:1)
import mark-up (GATT XVII:4(b) and
Ad Article)
imports for consumption in governmental use,
exclusion (GATT XVII:2)
fair and equitable treatment, need for
“goods” (Ad
Article)
Marketing Boards and (GATT Ad Article
XVII:1)
notification requirements (GATT
XVII:4/Understanding on the Interpretation of Art.
VII)
alleged failure to comply (Understanding,
4)
confidential obligation, protection (GATT
XVII:4(d))
legitimate commercial interests
public interest
as constituent part of GATT 1994 (GATT 1994,
1(c)(ii))
Members’ obligation to review policy on (Understanding,
2)
non-applicability to imports for governmental
consumption (Understanding, 1)
questionnaire (BISD 9S/184-185) (Understanding,
3)
review (Understanding, 5)
obligation to act consistently with GATT general
principles of non-discriminatory treatment (GATT
XVII:1(a))
commercial considerations, requirement to observe
(GATT XVII:1(b))
tied loan and (Ad
Article)
“exclusive or special privileges” (GATT
XVII:1(a) and Ad Article)
prevention of action in accordance with,
prohibition (GATT XVII:1(c))
Understanding on the Interpretation of GATT XVII
and
serious obstacles to trade, recognition of
risk/negotiations to avoid (GATT XVII:3 and
Ad Article)
transparency and
State
Trading Enterprises, Working Party on (Understanding on the
Interpretation of GATT XVII, Article 5)
annual reports to Council for Trade in Goods
coordination with Working Group on Notification
Procedures
meetings, timing
membership
terms of reference
structural
adjustment assistance, exemption from domestic support commitments (AG
Annex 2)
investment aids (para.
11)
producer retirement programmes (para.
9)
resource retirement programmes (para.
10)
subsidies
(GATS XV)
consultations in case of alleged adverse effect (GATS
XV:2)
multilateral disciplines for avoiding
trade-distorting effect, negotiations (GATS
XV:1)
countervailing procedures, appropriateness
developing country Members and (GATS
XV:1)
exchange of information, obligation
negotiations
work programme (footnote
7)
subsidies
(GATT XVI and Ad
Article)
determination of serious prejudice and (GATT
XVI:1)
export subsidies, avoidance/elimination (GATT
XVI:B)
multiple exchange rates and (Ad
Article)
“primary product” (Ad
Article)
shares during a previous representative period,
relevance (GATT XVI:3)
absence of exports during representative period
and (Ad Article)
stabilization system, exemption requirements (Ad
Article)
time-limits (GATT XVI:4 and
Ad Article)
new or extension of existing direct or indirect
subsidies (GATT XVI:4)
notification requirements (GATT
XVI:1)
review of operation of article (GATT
XVI:5)
subsidy,
calculation in terms of benefit to recipient (SCM
14)
adequacy of remuneration (SCM
14(d))
“benefit” (SCM
1.1(b)) and
difference of payment on guaranteed and
non-guaranteed loan (SCM 14(c))
government provision of equity capital (SCM
14(a))
government provision of goods and services (SCM
14(d))
loan, exclusion (SCM
14(b))
loan guarantee, exclusion (SCM
14(c))
subsidy,
definition (SCM 1): see also export subsidy, prohibited
(AG 3.3); payments on export of agricultural product financed by virtue
of governmental action (AG 9.1(c)); subsidy, definition (SCM
1); subsidy, specificity (SCM 2)
conferral of benefit (SCM
1.1(b))
“benefit”
“is conferred”
SCM 14 and
financial contribution (SCM
1.1(a)(1))
direct transfer of funds
loans or loan guarantees
exemption from or remission of internal taxes upon
exportation (SCM 1.1(a)(1)(ii), footnote
1)
foregoing of revenues otherwise due (SCM
1.1(a)(1)(ii))
GATT Ad XVI, applicability (footnote
1)
payments to a funding mechanism (SCM
1.1(a)(1)(iv))
“entrusts or directs”.
“private body”
“type of function”
potential direct transfer of funds (SCM
1.1(a)(1)).
provision of goods or services (SCM
1.1(a)(1)(iii))
“goods”
“other than general infrastructure”
“provides”
“within the territory”
income or price support in the sense of GATT XVI
(SCM 1.1(a)(2))
subsidy,
non-actionable (SCM 8)
adaptation of existing facilities, assistance for
(SCM 8.2(c))
“existing facilities” (footnote
33)
arbitration procedures (SCM
8.5)
civil aircraft, exclusion (SCM 8.2, footnote
24)
consultations: see consultations
(SCM
9.1-3) (non-actionable subsidies)
disadvantaged regions, non-specific assistance
within regional development framework (SCM
8.2(b))
economic development criterion (SCM
8.2(b)(iii))
“neutral and objective criteria” (SCM
8.2(b), footnote 32)
expiry (SCM
31)
notifications (SCM
8.3)
information about individual cases, right to
request
confidential/confidential business information and
(footnote 34)
requirements
review by Secretariat (SCM
8.4)
modifications to existing measures
SCM Committee, role
research activities, assistance for (SCM
8.2(a))
modifications (footnote
25)
subsidies to be considered as (SCM
8.1)
subsidies non-specific under SCM 2 (SCM
8.1(a))
subsidies specific under SCM 2 but meeting SCM 8.2
conditions (SCM 8.1(b))
subsidy,
notification obligations (SCM 25): see also subsidy,
non-actionable (SCM 8), notifications (SCM
8.3)
alleged failure to meet, possible action (SCM
25.10)
applicability (SCM
25.2)
effect of notification (SCM
25.7)
information, right of Member to request in writing
(SCM 25.8)
nature and extent of subsidy
reasons for deciding absence of requirement
response, requirements (SCM
25.9)
legal status of subsidy, effect on (SCM
25.7)
notification formats (SCM
25.3)
organization by product or sector (SCM
25.5)
notification (SCM
25.12)
of competent authorities
of domestic initiation and investigation
procedures
notification in writing of absence of subsidies
requiring notification (SCM 25.6)
reports (SCM
25.11)
examination (SCM
26.2)
semi-annual reports
“without delay” (SCM
25.11)
required information (SCM
25.3)
duration/time-limits (SCM
25.3(iv))
explanation for omission (SCM
25.4)
form of subsidy (SCM
25.3(i))
policy objective/purpose (SCM
25.3(iii))
statistical data permitting assessment of effects
(SCM 25.3(v))
subsidy per unit or annual total (SCM
25.3(ii))
“sufficiently specific”
to enable evaluation of trade effects
to understand operation of notified programmes
timing (SCM
25.1)
subsidy,
prohibited (SCM, Part II)
“contingent in fact …” (SCM
3.1(a))
“contingent in law …” (SCM
3.1(a))
“contingent” (SCM 3.1 and
footnote 4)
“contingent upon export performance” (SCM
3.1(a) and Illustrative list (item
(a)))
“contingent on the use of domestic over
imported goods” (SCM 3.1(b))
determination of status as, PGE role (SCM
4.5)
subsidy, actionable (SCM Part
II): see
adverse effects (SCM 5); consultations (SCM
7.1-4); “serious prejudice”
(SCM 6)
subsidy,
specificity (SCM 2)
generally applicable tax rates and (SCM
2.2)
non-actionable subsidies and (SCM
8.1)
principles determining (SCM
2.1)
“certain enterprises”
explicit limitation of access to certain
enterprises (SCM 2.1(a))
objective criteria or conditions (SCM 2.1(b) and
footnote 2), relevance
relevant factors other than those listed under SCM
2.1(a) and (b) (SCM 2.1(c))
frequency of approval/refusal (footnote
3)
subsidy limited to certain enterprises within
designated geographical region (SCM
2.2)
subsidy prohibited under SCM 3 (SCM
2.4)
“subsidy”, qualification as and (SCM
1.2)
subsidy,
surveillance (SCM 26)
examination of SCM 25.11 reports (SCM
26.2)
triennial examination (SCM
26.1)
substitution
drawback systems as export subsidies, Guidelines in the determination of
(SCM Annex III)
definition (Annex III,
I)
Illustrative List (item
(i)) and
procedure for determining whether (Annex III,
II)
existence of substitution drawback system,
relevance (Annex III, II.5)
reasonable and effective verification system
in absence of (Annex III,
II.3)
determination of existence (Annex III,
II.2)
importance (Annex III,
II.1)
sunset
review (AD 11.3): see also anti-dumping duties, duration
and review (AD 11)
deemed date of existing measures (AD
18.3.2)
finding under AD 9.1.3 (retrospective assessment
of duty), relevance (footnote 22)
termination of duty in absence of
sunset
review (SCM 21.3)
deemed date of existing measures (SCM
32.4)
retrospective assessment of duty and (footnote
52)
termination of duty in absence of
Supplementary
Provision to GATT VI, second (AD
2.7)
suspension
of concessions for non-implementation of DSB recommendations and rulings
(DSU 22): see also arbitration (DSU
22.6); arbitration
(DSU 25); countermeasures in case of failure to comply with panel or AB
report within specified time-period (SCM 4.10); nullification or
impairment (GATT XXIII), suspension of concessions (GATT
XXIII:2);
safeguard measures (SG/GATT XIX), notification (SG 12), suspension of
concessions
“agreement” (DSU
22.3(g))
authorization, need for (DSU
3.7, 22.6 and 23.2(c))
reasons for request, need for (DSU
22.3(e))
GATS obligations and (GATS
XXIII:2)
as last resort (DSU 3.7/DSU
22.1)
least-developed country Members and (DSU
24.1)
level equivalent to nullification or impairment (DSU
22.4)
prohibition by covered agreement and (DSU
22.5)
regional and local governments and (DSU
22.9)
relevant factors (DSU
22.3(d))
suspension in other sectors (DSU
22.3(b))/under
other agreements (DSU 22.3(c)), relationship between
suspension in same sector as violation as
preferred option (DSU 22.3(a))
“if that party considers that it is not
practical or effective” (DSU 22.3(b) and
(c))
“sector” (DSU
22.3(f))
as temporary measure (DSU
22.8)
sustainable
development: see “exhaustible natural resources”
(GATT XX(g)), sustainable development as objective
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