INDEX

S

 

Index:  A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X, Y, Z


The texts reproduced here do not have the legal standing of the original documents which are entrusted and kept at the WTO Secretariat in Geneva.


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