Decision
on Waiver
Adopted
on 15 June 1999(1)
Considering
that the Parties to the World
Trade Organization Agreement have recognized the need for positive
efforts designed to ensure that developing countries, and especially the
least-developed among them, secure a share in the growth in international
trade commensurate with the needs of their economic development;
Considering the statements contained in the Comprehensive and
Integrated WTO Plan of Action for the Least-Developed Countries adopted at
the Singapore Ministerial Conference on 13 December 1996 and in the
Ministerial Declaration of 20 May 1998 concerning integration of
least-developed countries into the world trading system and providing
predictable and favourable market access conditions for the products of
such countries;
Considering the 1979 Decision on Differential and More Favourable
Treatment, Reciprocity and Fuller Participation of Developing Countries
and the 1994 Decision on Measures in Favour of Least-Developed Countries,
and without prejudice to rights of Members to continue to act pursuant to
the provisions contained in those Decisions;
Desiring
to provide an additional means for developing country
Members to offer preferential tariff treatment to products of
least-developed countries notwithstanding the obligations of paragraph 1
of Article I of the General Agreement;
Having regard
to the Guiding Principles to be followed in
considering applications for waivers adopted on 1 November 1956, the
Understanding in Respect of Waivers of Obligations under the General
Agreement on Tariffs and Trade 1994, and paragraphs 3 and 4 of Article IX
of the Marrakesh Agreement Establishing the World Trade Organization (the
“WTO Agreement”);
Members, acting pursuant to the provisions of paragraph 3 of Article IX
of the WTO Agreement,
Decide
that:
1.
Subject to the terms and conditions set out hereunder, the provisions
of paragraph 1 of Article I of the GATT 1994 shall be waived until 30 June
2009, to the extent necessary to allow developing country Members to
provide preferential tariff treatment to products of least-developed
countries, designated as such by the United Nations, without being
required to extend the same tariff rates to like products of any other
Member.
2.
Developing country Members wishing to take actions pursuant to the
provisions of this Waiver shall notify to the Council on Trade in Goods
the list of all products of least-developed countries for which
preferential tariff treatment is to be provided on a generalized,
non-reciprocal and non-discriminatory basis and the preference
margins to be accorded. Subsequent modifications to the preferences shall
similarly be notified.
3.
Any preferential tariff treatment implemented pursuant to this Waiver
shall be designed to facilitate and promote the trade of least-developed
countries and not to raise barriers or create undue difficulties for the
trade of any other Member. Such preferential tariff treatment shall not
constitute an impediment to the reduction or elimination of tariffs on a
most-favoured-nation basis.
4.
In accordance with the provisions of paragraph 4 of Article IX of the
WTO Agreement, the General Council shall review annually whether the
exceptional circumstances justifying the Waiver still exist and whether
the terms and conditions attached to the Waiver have been met.
5.
The government of any Member providing preferential tariff treatment
pursuant to this Waiver shall, upon request, promptly enter into
consultations with any interested Member with respect to any difficulty or
any matter that may arise as a result of the implementation of programmes
authorized by this Waiver. Where a Member considers that any benefit
accruing to it under GATT 1994 may be or is being impaired unduly as a
result of such implementation, such consultation shall examine the
possibility of action for a satisfactory adjustment of the matter. This
Waiver does not affect Members’ rights as set forth in the Understanding
in Respect of Waivers of Obligations under GATT 1994.
6.
This waiver does not affect in any way and is without prejudice to
rights of Members in their actions pursuant to the provisions of the 1979
Decision on Differential and More Favourable Treatment, Reciprocity and
Fuller Participation of Developing Countries.
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