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VI. Article V back to top
A. Text of Article V
Article V: Relations with Other Organizations
1. The General Council shall make appropriate
arrangements for effective cooperation with other intergovernmental
organizations that have responsibilities related to those of the WTO.
2. The General Council may make appropriate
arrangements for consultation and cooperation with non-governmental
organizations concerned with matters related to those of the WTO.
B. Interpretation and Application of Article V
1. Article V:1
(a) “Shall make appropriate arrangements for
effective cooperation with other intergovernmental organizations”
134. As of 31 December 2004, the WTO had
concluded agreements with the following intergovernmental organizations:
(b) Observer status
135. The General Council has allowed some
intergovernmental organizations to observe its meetings.(220) In 1995
and 1996, the General Council accorded ad hoc observer status to seven
international intergovernmental organizations, including: the United
Nations, UNCTAD, IMF, the World Bank, FAO, WIPO, and the OECD.(221)
Subsequently, the IMF and the World Bank were granted permanent observer
status in General Council meetings by the terms of their respective
cooperation agreements.(222) In its meetings of 7 February 1997, the
General Council granted permanent observer status to the United Nations,
UNCTAD, FAO, WIPO, and the OECD.(223) In the General Council meeting of
10 December 1997, the ITC, as a joint technical cooperation agency
between the WTO and UNCTAD, was “invited, as appropriate, to attend
meetings of those WTO bodies it wished to attend without having to
submit a request for observer status”.(224)
136. To date, no intergovernmental
organizations have been granted permanent observer status in General
Council meetings pursuant to the guidelines for “Observer Status for
International Intergovernmental Organizations in the WTO” set out in
Annex 3 to the “Rules of Procedure for Sessions of the Ministerial
Council and Meetings of the General Council.”(225) however,
consultations have been held concerning the pending requests of
intergovernmental organizations for observer status in the General
Council.(226)
137. Under
Article XXVI of
GATS a specific
power to conclude arrangements with organizations in the area of
services has also been allocated to the General Council, whereas under
Article 68, in fine, of the TRIPS Agreement, the TRIPS Council is
charged with establishing appropriate arrangements for cooperation with
WIPO bodies.
2. Article V:2
(a) “may make appropriate arrangements …
with non-governmental organizations”
(i) Guidelines for Arrangements on Relations
with Non-Governmental Organizations
138. At its meeting of 18 July 1996, and
pursuant to Article V:2, the General Council adopted the “Guidelines
for Arrangements on Relations with Non-Governmental Organizations”.(227)
Since the adoption of the Guidelines, the General Council has addressed
the issue of external transparency in its meetings.(228)
(ii) Procedure to provide observer capacity
139. The General Council agreed to allow
non-governmental organizations to attend the Ministerial Conference as
observers at its meeting of 18 July 1996(229), and in subsequent
Ministerial Conferences (Geneva, Seattle, Doha and Cancun).(230)
VII. Article VI back to top
A. Text of Article VI
Article VI: The Secretariat
1. There shall be a Secretariat of the WTO
(hereinafter referred to as “the Secretariat”) headed by a
Director-General.
2. The Ministerial Conference shall appoint
the Director-General and adopt regulations setting out the powers,
duties, conditions of service and term of office of the
Director-General.
3. The Director-General shall appoint the
members of the staff of the Secretariat and determine their duties and
conditions of service in accordance with regulations adopted by the
Ministerial Conference.
4. The responsibilities of the
Director-General and of the staff of the Secretariat shall be
exclusively international in character. In the discharge of their
duties, the Director-General and the staff of the Secretariat shall not
seek or accept instructions from any government or any other authority
external to the WTO. They shall refrain from any action which might
adversely reflect on their position as international officials. The
Members of the WTO shall respect the international character of the
responsibilities of the Director-General and of the staff of the
Secretariat and shall not seek to influence them in the discharge of
their duties.
B. Interpretation and Application of Article VI
1. Article VI:1
(a) WTO Secretariat
140. The WTO Secretariat is based in Geneva,
Switzerland and is headed by a Director-General. As regards the
Headquarters Agreement with the Swiss Confederation, see paragraph 156
below.
2. Article VI:2
(a) “the Ministerial Conference shall
appoint the Director-General”
141. The General Council has appointed the
following Director-Generals to date:
(a) Mr Peter Sutherland
— from 1 January 1995
to 30 April 1995(231);
(b) Mr Renato Ruggiero
— from 1 May 1995 to 30
April 1999(232);
(c) Mr Mike Moore
— from 1 September 1999 to
31 August 2002(233); and
(d) Dr Supachai Panitchpakdi
— from 1
September 2002 to 31 August 2005.(234)
(b) “regulations setting out the powers,
duties, conditions of service and term of office of the Director-General”
142. At its meeting of 22 July 1999, the
General Council resolved that, “in order to improve and strengthen the
current rules and procedures [for the appointment of the
Director-General], a comprehensive set of rules and procedures for such
appointments shall be elaborated and adopted by the end of September
2000.”(235) The General Council approved the comprehensive set of
procedures(236) for the appointment of the Director-General at its
meeting on 10–12 and 20 December 2002.(237) These procedures would apply
in their entirety to the appointment of the next Director-General.
3. Article VI:3
(a) “The Director-General shall …
determine the duties and conditions of service of the WTO Secretariat”
143. On 15 April 1994, the Ministerial
Conference adopted a declaration on “Organizational and Financial
Consequences Flowing from the Implementation of the Agreement
Establishing the World Trade Organization”(238), providing that “the
Preparatory Committee shall consider the organizational changes,
resource requirements and staff conditions of service proposed in
connection with the establishment of the WTO and the implementation of
the Uruguay Round agreements and prepare recommendations and take
decisions, to the extent necessary, on the adjustments required.”(239)
144. The General Council adopted decisions
regarding the terms of service applicable to the WTO staff(240) at its
meetings of 30 October 1995, 7, 8 and 13 November 1996, 7 February 1997,
30 June–1 July 1997, and 24 April 1998. The General Council agreed to
establish the Working Group on Conditions of Service Applicable to the
Staff of the WTO Secretariat(241) on 7 February 1997.
145. At its meeting of 14, 16 and 23 October
1998, taking into consideration the report of the Working Group, the
General Council decided “to endorse the compensation philosophy and to
adopt the Staff Regulations and Staff Rules and the Regulations and
Administrative Rules of the WTO Pension Plan, as contained in Annex 2 of
the present Decision …”.(242)
4. Article VI:4
(a) The responsibilities of the
Director-General and the staff of the Secretariat
146. See the Staff Regulations and Staff Rules
of the World Trade Organization.(243)
VIII. Article VII back to top
A. Text of Article VII
Article VII: Budget and Contributions
1. The Director-General shall present to the
Committee on Budget, Finance and Administration the annual budget
estimate and financial statement of the WTO. The Committee on Budget,
Finance and Administration shall review the annual budget estimate and
the financial statement presented by the Director-General and make
recommendations thereon to the General Council. The annual budget
estimate shall be subject to approval by the General Council.
2. The Committee on Budget, Finance and
Administration shall propose to the General Council financial
regulations which shall include provisions setting out:
(a) the scale of contributions apportioning
the expenses of the WTO among its Members; and
(b) the measures to be taken in respect of
Members in arrears.
The financial regulations shall be based, as
far as practicable, on the regulations and practices of GATT 1947.
3. The General Council shall adopt the
financial regulations and the annual budget estimate by a two-thirds
majority comprising more than half of the Members of the WTO.
4. Each Member shall promptly contribute to
the WTO its share in the expenses of the WTO in accordance with the
financial regulations adopted by the General Council.
B. Interpretation and Application of Article VII
1. Article VII:1
(a) “the Director-General shall present to
the Committee on Budget, Finance and Administration the annual budget
estimate and financial statement of the WTO”
147. The Director-General submits budgetary
and financial reports to the BFA Committee annually.(244)
(b) “the Committee on Budget, Finance &
Administration shall … make recommendations”
148. The BFA Committee makes regular
recommendations to the General Council on the Director-General’s
annual budget estimates and the financial statement.(245) These
recommendations embody a compromise among the members of the BFA
Committee and are presented to the General Council for adoption.(246)
2. Article VII:2
(a) “Committee on Budget, Finance and
Administration shall propose … financial regulations”
149. At its meeting of 15 November 1995, the
General Council adopted the WTO Financial Regulations and Financial
Rules(247) on the basis of the recommendation of the Joint WTO/GATT
Committee on Budget, Finance and Administration.(248) The BFA Committee
regularly reviews the scale of contributions assessed to the Members and
has made a decision on “inactive Members”.(249)
(b) “provisions setting out the scale of
contributions”
150. At its meeting of 29 June 1995, the Joint
WTO/GATT Committee on Budget, Finance and Administration recommended to
the General Council a new methodology(250) for calculation of the
assessment of Members’ contributions to the WTO budget.(251) The
General Council approved the recommendations on 15 November 1995.(252)
On 9 August 2000, the BFA Committee submitted draft recommendations
modifying the original calculation methodology.(253)
(c) Doha Development Agenda Global Trust Fund
151. Following the guidelines set by the Doha
Ministerial Conference(254), the BFA Committee developed a plan to
ensure long-term funding for WTO technical assistance at an overall
level no lower than that of the year 2001. A draft recommendation was
presented on 3 December 2003.(255)
3. Article VII:3
(a) “The General Council shall adopt the
financial regulations and the annual budget estimate”
152. The General Council adopted the BFA
Committee’s proposed financial regulations(256) on 15 November 1995.
On 15 December 2000, the General Council approved guidelines(257) with
respect to Voluntary Contributions, Gifts, or Donations from
Non-Governmental Donors(258) to be reviewed by January
2003.(259)
Pursuant to paragraph 9 of the
Guidelines, the Committee on Budget,
Finance and Administration started the review in October 2002 and
continued discussions in the course of 2003. At its meeting of 1 April
2004, the Committee further discussed the item and, on the basis of
comments made, decided to revert to an amended text.(260)
4. Article VII:4
(a) “Each Member shall … contribute to the
WTO …”
153. As regards the budget contributions of
Members, see paragraph 150 above.
IX. Article VIII back to top
A. Text of Article VIII
Article VIII: Status of the WTO
1. The WTO shall have legal personality, and
shall be accorded by each of its Members such legal capacity as may be
necessary for the exercise of its functions.
2. The WTO shall be accorded by each of its
Members such privileges and immunities as are necessary for the exercise
of its functions.
3. The officials of the WTO and the
representatives of the Members shall similarly be accorded by each of
its Members such privileges and immunities as are necessary for the
independent exercise of their functions in connection with the WTO.
4. The privileges and immunities to be
accorded by a Member to the WTO, its officials, and the representatives
of its Members shall be similar to the privileges and immunities
stipulated in the Convention on the Privileges and Immunities of the
Specialized Agencies, approved by the General Assembly of the United
Nations on 21 November 1947.
5. The WTO may conclude a headquarters
agreement.
B. Interpretation and Application of Article VIII
1. Article VIII:1, VIII:2 and VIII:3
(a) General
154. Paragraphs
1–3 establish certain
principles regarding the legal personality, the privileges and
immunities enjoyed by the Organization, its officials and the
representatives of its Members, and in particular the functional
character of these notions. Privileges and immunities are extended to
the staff of the Organization with a view to facilitating the
independent exercise of their functions. Officials of the Secretariat
are, in turn, required to observe the laws of the host State and to
perform their private obligations accordingly. The Director-General may
decide, whether, in respect of these obligations, and in the interest of
the WTO, an immunity shall be waived.(261)
2. Article VIII:4
155. Under this provision, Members are bound
by the obligation to grant “similar” privileges and immunities to
the WTO as those laid down in the Convention on the Privileges and
Immunities of the Specialized Agencies 1947(262), whether or not the
Member in question is a party to that Convention.
3. Article VIII:5
(a) Headquarters Agreement
156. The
Headquarters
Agreement(263) and the
Infrastructure Agreement(264) between the World Trade Organization and
the Swiss Confederation was approved by the General Council on 31 May
1995.(265)
(b) Transfer of assets
157. Pursuant to the decision adopted by the
Preparatory Committee for the World Trade Organization on 8 December
1994(266), the Preparatory Committee, the CONTRACTING PARTIES to GATT
1947 and the Executive Committee of ICITO entered into the Agreement on
the Transfer of Assets, Liabilities, Records, Staff and Functions from
the Interim Commission of the International Trade Organization and the
GATT to the World Trade Organization.(267)
X. Article IX back to top
A. Text of Article IX
Article IX: Decision-Making
1. The WTO shall continue the practice of
decision-making by consensus followed under GATT 1947.(1) Except as
otherwise provided, where a decision cannot be arrived at by consensus,
the matter at issue shall be decided by voting. At meetings of the
Ministerial Conference and the General Council, each Member of the WTO
shall have one vote. Where the European Communities exercise their right
to vote, they shall have a number of votes equal to the number of their
member States(2) which are Members of the WTO. Decisions of the
Ministerial Conference and the General Council shall be taken by a
majority of the votes cast, unless otherwise provided in this Agreement
or in the relevant Multilateral Trade Agreement.(3)
(footnote original) 1 The body concerned shall
be deemed to have decided by consensus on a matter submitted for its
consideration, if no Member, present at the meeting when the decision is
taken, formally objects to the proposed decision.
(footnote original) 2 The number of votes of the European Communities and their member States
shall in no case exceed the number of the member States of the European
Communities.
(footnote original) 3 Decisions by the General Council when
convened as the Dispute Settlement Body shall be taken only in
accordance with the provisions of paragraph 4 of Article 2 of the
Dispute Settlement Understanding.
2. The Ministerial Conference and the General
Council shall have the exclusive authority to adopt interpretations of
this Agreement and of the Multilateral Trade Agreements. In the case of
an interpretation of a Multilateral Trade Agreement in Annex
1, they
shall exercise their authority on the basis of a recommendation by the
Council overseeing the functioning of that Agreement. The decision to
adopt an interpretation shall be taken by a three-fourths majority of
the Members. This paragraph shall not be used in a manner that would
undermine the amendment provisions in Article X.
3. In exceptional circumstances, the
Ministerial Conference may decide to waive an obligation imposed on a
Member by this Agreement or any of the Multilateral Trade Agreements,
provided that any such decision shall be taken by three fourths(4) of the
Members unless otherwise provided for in this paragraph.(268)
(footnote original) 4 A decision to grant a
waiver in respect of any obligation subject to a transition period or a
period for staged implementation that the requesting Member has not
performed by the end of the relevant period shall be taken only by
consensus.
(a) A request for a waiver concerning this
Agreement shall be submitted to the Ministerial Conference for
consideration pursuant to the practice of decision-making by consensus.
The Ministerial Conference shall establish a time-period, which shall
not exceed 90 days, to consider the request. If consensus is not reached
during the time-period, any decision to grant a waiver shall be taken by
three fourths4 of the Members.
(b) A request for a waiver concerning the
Multilateral Trade Agreements in Annexes 1A or 1B or 1C and their
annexes shall be submitted initially to the Council for Trade in Goods,
the Council for Trade in Services or the Council for TRIPS,
respectively, for consideration during a time-period which shall not
exceed 90 days. At the end of the time-period, the relevant Council
shall submit a report to the Ministerial Conference.
4. A decision by the Ministerial Conference
granting a waiver shall state the exceptional circumstances justifying
the decision, the terms and conditions governing the application of the
waiver, and the date on which the waiver shall terminate. Any waiver
granted for a period of more than one year shall be reviewed by the
Ministerial Conference not later than one year after it is granted, and
thereafter annually until the waiver terminates. In each review, the
Ministerial Conference shall examine whether the exceptional
circumstances justifying the waiver still exist and whether the terms
and conditions attached to the waiver have been met. The Ministerial
Conference, on the basis of the annual review, may extend, modify or
terminate the waiver.
5. Decisions under a Plurilateral Trade
Agreement, including any decisions on interpretations and waivers, shall
be governed by the provisions of that Agreement.
B. Interpretation and Application of Article IX
1. Article IX:1
(a) “The WTO shall continue the practice of
decision-making by consensus”
158. The General Council adopted the decision
on “Decision-Making Procedures Under Articles IX and
XII of the WTO
Agreement” on 15 November 1995.(269) See also
paragraph 163 below.
2. Article IX:2
(a) “The Ministerial Conference and the
General Council shall have the exclusive authority to adopt
interpretations of this Agreement and of the Multilateral Trade
Agreements”
(i) Statements by the Appellate Body
159. In
Japan — Alcoholic Beverages II, the
Appellate Body disagreed with the Panel’s finding that panel reports
adopted by the DSB constitute “subsequent practice” within the
meaning of Article 31 of the Vienna Convention on the Laws of
Treaties.(270) In support of this conclusion, the Appellate Body
referred to the exclusive authority of the Ministerial Conference and
General Council to adopt interpretations of the WTO Agreement under
Article IX:2:
“We do not believe that the CONTRACTING
PARTIES, in deciding to adopt a panel report, intended that their
decision would constitute a definitive interpretation of the relevant
provisions of GATT 1947. Nor do we believe that this is contemplated
under GATT 1994. There is specific cause for this conclusion in the WTO
Agreement. Article IX:2 of the WTO Agreement provides: ‘The
Ministerial Conference and the General Council shall have the exclusive
authority to adopt interpretations of this Agreement and of the
Multilateral Trade Agreements’. Article IX:2 provides further that
such decisions ‘shall be taken by a three-fourths majority of the
Members’. The fact that such an ‘exclusive authority’ in
interpreting the treaty has been established so specifically in the WTO
Agreement is reason enough to conclude that such authority does not
exist by implication or by inadvertence elsewhere.”(271)
160. In
US — Wool Shirts and Blouses, the
Appellate Body, in support of the Panel’s exercise of judicial economy
referred to the exclusive authority of the Ministerial Conference and
the General Council to adopt interpretations of the WTO Agreement:
“As India emphasizes, Article 3.2 of the
DSU
states that the Members of the WTO ‘recognize’ that the dispute
settlement system ‘serves to preserve the rights and obligations of
Members under the covered agreements, and to clarify the existing
provisions of those agreements in accordance with customary rules of
interpretation of public international law’ emphasis added). Given the
explicit aim of dispute settlement that permeates the DSU, we do not
consider that Article 3.2 of the DSU is meant to encourage either panels
or the Appellate Body to ‘make law’ by clarifying existing
provisions of the WTO Agreement outside the context of resolving a
particular dispute. A panel need only address those claims which must be
addressed in order to resolve the matter in issue in the dispute.(272)
We note, furthermore, that Article IX of the
WTO Agreement provides that the Ministerial Conference and the General
Council have the ‘exclusive authority’ to adopt interpretations of
the WTO Agreement and the Multilateral Trade Agreements.(273)”(274)
(b) Requests for authoritative interpretations
161. The first request for an authoritative
interpretation of the Multilateral Trade Agreements was made on 21
January 1999(275) in relation to
Articles
3.7, 21.5, 22.2,
22.6, 22.7
and 23 of the DSU. Although the General Council was requested to hold a
meeting to deal with these interpretation issues,(276) no such meeting
was ever held.(277)
162. The
TRIPS Agreement has been interpreted
in regard to its specific relationship with the public health sector by
the Ministerial Conference in Doha although without making reference to
Article IX:2. The Declaration on the TRIPS Agreement and Public
Health(278), adopted on 14 November 2001, states that the
TRIPS
Agreement “does not and should not prevent Members from taking
measures to protect public health …, in particular, to promote access
to medicines for all.” For such purpose, the TRIPS Agreement provides
flexibility in its interpretation.(279)
3. Article IX:3 and IX:4: Waivers
(a) Decision-making procedures for granting a
waiver
163. The General Council adopted the decision
on “Decision-Making Procedures Under Articles IX and
XII of the WTO
Agreement” on 15 November 1995. For procedures dealing with requests
for waivers or accessions to the WTO under Articles IX
or XII of the WTO
Agreement,(280) the Decision provides as follows:
“On occasions when the General Council deals
with matters related to requests for waivers or accessions to the WTO
under Articles IX or XII of the WTO
Agreement respectively, the General
Council will seek a decision in accordance with Article
IX:1. Except as
otherwise provided, where a decision cannot be arrived at by consensus,
the matter at issue shall be decided by voting under the relevant
provisions of Articles IX or XII.”(281)
(i) Interpretation of waivers
164. In
EC — Bananas III, the European
Communities argued that a certain waiver on its import regime for
bananas should be interpreted so as to justify a deviation from Article
XIII of the GATT 1994 although it waived only compliance with
Article I
of the GATT 1994 in its terms. The Panel accepted this argument to the
extent that “the scope of Article XIII is identical with that of
Article I”(282), but the Appellate Body rejected this finding,
stating:
“The wording of the Lomé Waiver is clear
and unambiguous. By its precise terms, it waives only ‘the provisions
of paragraph 1 of Article I of the General Agreement … to the extent
necessary’ to do what is ‘required’ by the relevant provisions of
the Lomé Convention. The Lomé Waiver does not refer to, or mention in
any way, any other provision of the GATT 1994 or of any other covered
agreement. Neither the circumstances surrounding the negotiation of the
Lomé Waiver, nor the need to interpret it so as to permit it to achieve
its objectives, allow us to disregard the clear and plain wording of the
Lomé Waiver by extending its scope to include a waiver from the
obligations under Article XIII. Moreover, although
Articles I and XIII
of the GATT 1994 are both non-discrimination provisions, their
relationship is not such that a waiver from the obligations under
Article I implies a waiver from the obligations under Article
XIII.(283)
The Panel’s interpretation of the Lomé
Waiver as including a waiver from the GATT 1994 obligations relating to
the allocation of tariff quotas is difficult to reconcile with the
limited GATT practice in the interpretation of waivers, the strict
disciplines to which waivers are subjected under the WTO Agreement, the
history of the negotiations of this particular waiver and the limited
GATT practice relating to granting waivers from the obligations of
Article XIII.
There is little previous GATT practice on the
interpretation of waivers. In the panel report in United States — Sugar
Waiver, the panel stated:
‘The Panel took into account in its
examination that waivers are granted according to Article XXV:5 only in
‘exceptional circumstances’, that they waive obligations under the
basic rules of the General Agreement and that their terms and conditions
consequently have to be interpreted narrowly.’(284)
Although the WTO Agreement does not provide
any specific rules on the interpretation of waivers, Article IX of the
WTO Agreement and the Understanding in Respect of Waivers of Obligations
under the General Agreement on Tariffs and Trade 1994, which provide
requirements for granting and renewing waivers, stress the exceptional
nature of waivers and subject waivers to strict disciplines. Thus,
waivers should be interpreted with great care.
With regard to the history of the negotiations
of the Lomé Waiver, we have already noted that the CONTRACTING PARTIES
limited the scope of the waiver by replacing ‘preferential treatment
foreseen by the Lomé Convention’ with ‘preferential treatment
required by the Lomé Convention’ (emphasis added). This change
clearly suggests that the CONTRACTING PARTIES wanted to restrict the
scope of the Lomé Waiver.
Finally, we note that between 1948 and 1994,
the CONTRACTING PARTIES granted only one waiver of Article XIII of the
GATT 1947.(285) In view of the truly exceptional nature of waivers from
the non-discrimination obligations under Article
XIII, it is all the
more difficult to accept the proposition that a waiver that does not
explicitly refer to Article XIII would nevertheless waive the
obligations of that Article. If the CONTRACTING PARTIES had intended to
waive the obligations of the European Communities under Article XIII in
the Lomé Waiver, they would have said so explicitly.”(286)
165. As regards GATT practice concerning
waivers, see Article XXV of the GATT Analytical
Index.
(b) Waivers granted
166. The table below lists the waivers
currently in force:
4. Article IX:5
167. The
International Dairy Agreement
specifically addresses waivers in Article 7.1 of the Annex on Certain
Milk Products.
XI. Article X back to top
A. Text of Article X
Article X: Amendments
1. Any Member of the WTO may initiate a
proposal to amend the provisions of this Agreement or the Multilateral
Trade Agreements in Annex 1 by submitting such proposal to the
Ministerial Conference. The Councils listed in paragraph 5 of Article IV
may also submit to the Ministerial Conference proposals to amend the
provisions of the corresponding Multilateral Trade Agreements in Annex 1
the functioning of which they oversee. Unless the Ministerial Conference
decides on a longer period, for a period of 90 days after the proposal
has been tabled formally at the Ministerial Conference any decision by
the Ministerial Conference to submit the proposed amendment to the
Members for acceptance shall be taken by consensus. Unless the
provisions of paragraphs 2, 5 or
6 apply, that decision shall specify
whether the provisions of paragraphs 3 or 4 shall apply. If consensus is
reached, the Ministerial Conference shall forthwith submit the proposed
amendment to the Members for acceptance. If consensus is not reached at
a meeting of the Ministerial Conference within the established period,
the Ministerial Conference shall decide by a two-thirds majority of the
Members whether to submit the proposed amendment to the Members for
acceptance. Except as provided in paragraphs 2,
5 and 6, the provisions
of paragraph 3 shall apply to the proposed amendment, unless the
Ministerial Conference decides by a three-fourths majority of the
Members that the provisions of paragraph 4 shall apply.
2. Amendments to the provisions of this
Article and to the provisions of the following Articles shall take
effect only upon acceptance by all Members:
Article IX of this Agreement;
Articles I and
II of GATT 1994;
Article II:1 of
GATS;
Article 4 of the Agreement on
TRIPS.
3. Amendments to provisions of this Agreement,
or of the Multilateral Trade Agreements in Annexes 1A and
1C, other than
those listed in paragraphs 2 and 6, of a nature that would alter the
rights and obligations of the Members, shall take effect for the Members
that have accepted them upon acceptance by two thirds of the Members and
thereafter for each other Member upon acceptance by it. The Ministerial
Conference may decide by a three-fourths majority of the Members that
any amendment made effective under this paragraph is of such a nature
that any Member which has not accepted it within a period specified by
the Ministerial Conference in each case shall be free to withdraw from
the WTO or to remain a Member with the consent of the Ministerial
Conference.
4. Amendments to provisions of this Agreement
or of the Multilateral Trade Agreements in Annexes 1A and
1C, other than
those listed in paragraphs 2 and 6, of a nature that would not alter the
rights and obligations of the Members, shall take effect for all Members
upon acceptance by two thirds of the Members.
5. Except as provided in
paragraph 2 above,
amendments to Parts I, II and III of GATS and the respective annexes
shall take effect for the Members that have accepted them upon
acceptance by two thirds of the Members and thereafter for each Member
upon acceptance by it. The Ministerial Conference may decide by a
three-fourths majority of the Members that any amendment made effective
under the preceding provision is of such a nature that any Member which
has not accepted it within a period specified by the Ministerial
Conference in each case shall be free to withdraw from the WTO or to
remain a Member with the consent of the Ministerial Conference.
Amendments to Parts IV, V and VI of GATS and the respective annexes
shall take effect for all Members upon acceptance by two thirds of the
Members.
6. Notwithstanding the other provisions of
this Article, amendments to the Agreement on TRIPS meeting the
requirements of paragraph 2 of Article 71 thereof may be adopted by the
Ministerial Conference without further formal acceptance process.
7. Any Member accepting an amendment to this
Agreement or to a Multilateral Trade Agreement in Annex 1 shall deposit
an instrument of acceptance with the Director-General of the WTO within
the period of acceptance specified by the Ministerial Conference.
8. Any Member of the WTO may initiate a
proposal to amend the provisions of the Multilateral Trade Agreements in
Annexes 2 and 3 by submitting such proposal to the Ministerial
Conference. The decision to approve amendments to the Multilateral Trade
Agreement in Annex 2 shall be made by consensus and these amendments
shall take effect for all Members upon approval by the Ministerial
Conference. Decisions to approve amendments to the Multilateral Trade
Agreement in Annex 3 shall take effect for all Members upon approval by
the Ministerial Conference.
9. The Ministerial Conference, upon the
request of the Members parties to a trade agreement, may decide
exclusively by consensus to add that agreement to Annex
4. The
Ministerial Conference, upon the request of the Members parties to a
Plurilateral Trade Agreement, may decide to delete that Agreement from
Annex 4.
10. Amendments to a Plurilateral Trade
Agreement shall be governed by the provisions of that Agreement.
B. Interpretation and Application of Article X
1. Article X:1
(a) “Amendments to this Agreement or the
Multilateral Trade Agreements in Annex 1”
168. As of 31 December 2004, no provisions of
this Agreement or the Multilateral Trade Agreements in Annex 1 had been
amended.
2. Article X:8
(a) Amendments to the Multilateral Trade
Agreements in Annexes 2 and 3
(i) Annex 2: Dispute Settlement Understanding
169. The 1994 Marrakesh Ministerial Conference
mandated WTO Members to conduct a review of the DSU within four years of
the entry into force of the WTO Agreement (i.e. by 1 January 1999). The
DSB started the review in late 1997, and held a series of informal
discussions on the basis of proposals and issues that Members
identified. The review did not lead to any modification of the DSU.
170. The Doha Declaration mandated
negotiations on improvements and clarifications of the DSU with the aim
of reaching an agreement by May 2003.(287) The Declaration states in
paragraph 47 that the negotiations on the DSU are not part of the single
undertaking (see Section XXVII.A
below).
171. On 1 February 2002, the TNC established
the Special Session of the DSB to conduct the negotiations. As at 31
December 2004, the Special Session of the DSB has met a number of times
to carry out negotiations on improvements and clarifications to the DSU,
in accordance with paragraph 30 of the Doha
Declaration.(288)
172. From February 2002 to December 2004 more
than 40 proposals had been put forward containing text relating to 24
out of the 27 articles of the DSU.(289) In July 2003, the General
Council extended until May 2004 the time-frame for conclusion of the
negotiations.(290) In May 2004, the Chairman reported to the TNC that
further time would be required to complete the work of the DSB Special
Session.(291) On 1 August 2004 in the context of the “July Package”
the General Council agreed to an extension of the time-frame for
conclusion of the negotiations.(292) To date the negotiations have
focused on a broad range of issues, including: consultations, panel
proceedings, appellate proceedings, issues relating to implementation
and the surveillance of implementation, and proposals relating to
special and differential treatment.(293)
(ii) Annex 3: TPRM
173. As at 31 December 2004, no provisions of
this Agreement had been amended.
3. Article X:9
(a) Additions to Plurilateral Trade Agreements
174. As of 31 December 2004, no Plurilateral
Trade Agreements had been added to Annex
4.
(b) Deletions of Plurilateral Trade Agreements
175. The
International Bovine Meat Agreement
and the International Dairy Agreement were deleted from Annex 4 by
decisions of the General Council. With respect to the deletion of these
Agreements, see the Chapters on these Agreements, paragraphs 6 and
12,
respectively.
4. Article X:10
(a) “Amendments to a Plurilateral Agreement
shall be governed by the provisions of that Agreement”
176. The following provisions govern
amendments to the respective Plurilateral Agreements:
(a) Agreement on Trade in Civil Aircraft
— Article 9.5;
(b) Agreement on Government Procurement — Article XXIV:9;
(c) International Dairy Agreement — Article
VIII:4 (See paragraph 175 above); and
(d) International Bovine Meat Agreement
— Article VI:4 (See paragraph 175 above).
177. None of the Plurilateral Agreements had
been amended as at 31 December 2004.
XII. Article XI back to top
A. Text of Article XI
Article XI: Original Membership
1. The contracting parties to GATT 1947 as of
the date of entry into force of this Agreement, and the European
Communities, which accept this Agreement and the Multilateral Trade
Agreements and for which Schedules of Concessions and Commitments are
annexed to GATT 1994 and for which Schedules of Specific Commitments are
annexed to GATS shall become original Members of the WTO.
2. The least-developed countries recognized as
such by the United Nations will only be required to undertake
commitments and concessions to the extent consistent with their
individual development, financial and trade needs or their
administrative and institutional capabilities.
B. Interpretation and Application of Article XI
1. General
(a) Members
178. On 31 December 2004, the WTO membership
stood at 148 Members. See Sections XII.B.2 below and
XXV below.
(b) Observers
179. Section XXVI below lists the observers to
the WTO as at 31 December 2004.
180. Also see
paragraph 135 above on
intergovernmental organizations; paragraph 139 above on non-governmental
organizations; and paragraph 187 below on applicants for accession.
2. Article XI:1
(a) “The contracting parties to GATT 1947
… shall become original Members of the WTO”
181. The General Council adopted the decision
proposed by the Preparatory Committee for the World Trade Organization
concerning the finalization of negotiations on schedules on goods and
services of certain contracting parties to GATT 1947 eligible to be
original Members of the WTO(294) on 1 January 1995.
182. Of the 148 Members, 123 are original
Members while 25 acceded to the Agreement.(295)
183. The Agreement entered into force for the
following 76 original Members on 1 January 1995: Antigua and Barbuda,
Argentina, Australia, Austria, Bahrain, Bangladesh, Barbados, Belgium,
Belize, Brazil, Brunei Darussalam, Canada, Chile, Costa Rica, Côte d’Ivoire,
Czech Republic, Denmark, Dominica, European Communities(296), Finland,
France, Gabon, Germany, Ghana, Greece, Guyana, Honduras, Hong Kong(297),
Hungary, Iceland, India, Indonesia, Ireland, Italy, Japan, Kenya, Korea,
Kuwait, Luxembourg, Macau(298), Malaysia, Malta, Mauritius, Mexico,
Morocco, Myanmar, Namibia, Netherlands (for the Kingdom in Europe and
for the Netherlands Antilles), New Zealand, Nigeria, Norway, Pakistan,
Paraguay, Peru, Philippines, Portugal, Romania, Saint Lucia, Saint
Vincent and the Grenadines, Senegal, Singapore, Slovak Republic, South
Africa, Spain, Sri Lanka, Suriname, Swaziland, Sweden, Tanzania,
Thailand, Uganda, United Kingdom, United States, Uruguay, Venezuela and
Zambia.
184. The following remaining 47 original
Members accepted the WTO Agreement after the date of the entry into
force of the Agreement: Trinidad and Tobago, Zimbabwe, Dominican
Republic, Jamaica, Turkey, Tunisia, Cuba, Israel, Colombia, El Salvador,
Burkina Faso, Egypt, Botswana, Central African Republic, Djibouti,
Guinea Bissau, Lesotho, Malawi, Mali, Maldives, Mauritania, Togo,
Poland, Switzerland, Guatemala, Burundi, Sierra Leone, Cyprus, Slovenia,
Mozambique, Liechtenstein, Nicaragua, Bolivia, Guinea (Republic of),
Madagascar, Cameroon, Fiji, Haiti, Benin, Rwanda, Solomon Islands, Chad,
Gambia, Angola, Niger, the Democratic Republic of Congo, the Congo
(Republic of).
3. Article XI:2: Least-developed countries
185. Pursuant to the Ministerial Decision on
Measures in Favour of Least-Developed Countries, the General Council
approved schedules on goods and services of 20 least-developed country
Members(299) at its meeting of 31 May 1995. Further, the General
Council approved the schedule on goods and services of the Solomon
Islands at its meeting of 13 and 15 December 1995.(300) As regards the
establishment and activities of the Committee on LDCs, see Section
V.B.7(a) above.
XIII. Article XII back to top
A. Text of Article XII
Article XII: Accession
1. Any State or separate customs territory
possessing full autonomy in the conduct of its external commercial
relations and of the other matters provided for in this Agreement and
the Multilateral Trade Agreements may accede to this Agreement, on terms
to be agreed between it and the WTO. Such accession shall apply to this
Agreement and the Multilateral Trade Agreements annexed thereto.
2. Decisions on accession shall be taken by
the Ministerial Conference. The Ministerial Conference shall approve the
agreement on the terms of accession by a two-thirds majority of the
Members of the WTO.
3. Accession to a Plurilateral Trade Agreement
shall be governed by the provisions of that Agreement.
B. Interpretation and Application of Article XII
1. General
186. Ministers adopted the Decision on the
Acceptance of Accession to the Agreement Establishing the World Trade
Organization at the end of Uruguay negotiations.(301)
(a) Observer status for applicants for
accession
187. The General Council decided to grant
observer status to governments whose accession process had already begun
at its meeting of 31 January 1995(302) as was the practice under
GATT.(303) Section XXVI below enumerates observers to WTO bodies as at
31 December 2004.
(b) Accession working parties under GATT 1947
188. The General Council agreed at its meeting
of 31 January 1995, that “as and when requests for the WTO accession
under Article XII were made by states and separate customs territories
for whom a GATT 1947 working party already existed, the existing working
parties should continue their work as WTO accession working parties,
with standards terms of reference and their respective current
chairpersons”.(304)
(c) Least-developed countries
189. At the
High-Level Meeting on Integrated
Initiatives for Least-Developed Countries’ Trade Development, of
27–28
October 1997 (see Section V.B.7(a)
above), Members recommended that the
WTO take steps to assist LDCs in the process of accession.(305)
190. Pursuant to
paragraph 42 of the Doha
Ministerial Declaration, the Sub-Committee on Least-Developed Countries
established a work programme (see Section V.B.7(a)
above) which included
a mandate from ministers to “facilitate and accelerate negotiations
with acceding Least-Developed Countries.”(306) On 10 December 2002,
the General Council adopted a decision to facilitate and accelerate
negotiations for the accession of LDCs through simplified and
streamlined procedures. The Decision set down guidelines in the
following broad areas: Market Access(307), WTO
Rules(308), Process(309) and Trade-Related Technical Assistance and Capacity
Building.(310)
2. Article XII:1
(a) “Any State or separate customs territory
… may accede to this Agreement”
191. Between 1 January 1995 and 31 December
2004, 25 Members acceded to the WTO Agreement. See the table in Section
XXIV below.
192. For WTO practice on accession procedures,
see the Note by the Secretariat, dated 24 March 1995.(311)
3. Article XII:2
(a) Decision-making procedures on accession
193. As regards the decision-making procedures
applicable to requests for accessions to the WTO, see paragraph 163
above.
(b) Working parties on accession
(i) Establishment
194. The General Council established working
parties on accession on behalf of the Ministerial Conference.(312)
Since 1 January 1995, the General Council has established 23 Working
Parties(313) on accession for the following applicants: Viet
Nam(314),
Seychelles(315),
Tonga(316), Vanuatu(317),
Kazakstan(318), Kyrgyz
Republic(319), Oman(320),
Georgia(321),
Azerbaijan(322),
Andorra(323), Laos(324),
Samoa(325), Lebanon(326), Bosnia and
Herzegovina(327),
Bhutan(328), Cape
Verde(329), Yemen(330) and the
Federal Republic of Yugoslavia(331),
Bahamas(332),
Tajikistan(333),
Former Yugoslav Republic of Macedonia(334),
Armenia(335), and
Ethiopia(336).
195. Of the working parties on accession
carried over from GATT 1947, 19 accessions have been completed as at 31
December 2004, including: Ecuador(337),
Bulgaria(338),
Mongolia(339),
Panama(340), Kyrgyz
Republic(341),
Latvia(342),
Estonia(343),
Jordan(344),
Georgia(345),
Albania(346), Oman(347),
Croatia(348) and
Lithuania,(349)
Armenia,(350) Cambodia,(351) Former Yugoslav Republic
of Macedonia,(352)
Moldova,(353)
Nepal,(354) and Chinese
Taipei(355).
Seven of the working parties on accession carried over from the GATT
1947 were still active as at 31 December 2004, including: Algeria,
Belarus, the Russian Federation, Saudi Arabia, Sudan, Ukraine and
Uzbekistan.(356)
(ii) Terms of reference
196. The General Council sets the following
terms of reference for a working party on accession: “to examine the
application for accession to the WTO under Article XII and to submit to
the General Council/Ministerial Conference recommendations which may
include a draft Protocol of Accession”.(357)
(c) Accession decisions adopted by the WTO
197. The General Council, acting on behalf of
the Ministerial Conference, has adopted 24 accession decisions, and thus
the WTO Agreement has entered into force for: Ecuador(358),
Qatar(359), Grenada(360), Saint Kitts and
Nevis(361), Papua New
Guinea(362),
United Arab Emirates(363),
Mongolia(364), Republic of
Panama(365),
Bulgaria(366),
Latvia(367), Kyrgyz
Republic(368),
Estonia(369),
Georgia(370),
Jordan(371),
Albania(372),
Croatia(373), Oman(374),
Lithuania(375),
Moldova(376), China(377), Chinese
Taipei(378), Former
Yugoslav Republic of Macedonia(379),
Armenia(380), and
Nepal(381).
Qatar, Saint Kitts and Nevis, Grenada, Papua New Guinea and the United
Arab Emirates were GATT contracting parties, but finalized their
schedules in 1995, and thus acceded to the WTO instead of becoming
original Members.
4. Article XII:3: Accession to a Plurilateral
Trade Agreement
(a) Agreement on Government Procurement
198. Article XXIV of the
Agreement on
Government Procurement provides for accession “on terms to be agreed
between that government and the Parties”.
199. As at 31 December 2004, there were five
accessions to the Agreement on Government Procurement: the Kingdom of
the Netherlands for Aruba(382),
Liechtenstein(383),
Singapore(384),
Hong Kong(385) and
Iceland(386).
(b) Other Plurilateral Trade Agreements
200. The
International Bovine Meat Agreement,
the International Dairy Agreement and the Agreement on Civil Aircraft do
not contain accession provisions.
Footnotes:
220. See The Rules of Procedure of the General
Council, Chapter IV, Rule 11. Rule 11 of the Rules of Procedure for the
General Council provides: “Representatives of international
intergovernmental organizations may attend the meetings as observers on
the invitation of the General Council in accordance with the guidelines
in Annex 3 to these Rules.” back to text
221. WT/GC/M/3, 4,
5,
6,
8,
13, 17. The General Council, upon the
recommendation of the Preparatory Committee, extended ad hoc observer
status to the UN, UNCTAD, IMF and the World Bank for the first General
Council meeting. WT/GC/M/1. In subsequent meetings, WIPO, FAO, and the
OECD were extended the same invitation. WT/GC/M/3, 4,
5,
6,
8,
13, 17.
back to text
222. With respect to the Agreement with the IMF, see WT/L/195, Annex I,
para. 6. Also, with respect to the Agreement with the World Bank, see WT/L/195, Annex II, para. 5. back to text
223. WT/GC/M/18. back to text
224. WT/GC/M/25. Note that this was a grant of permanent observer
status. back to text
225. WT/L/161. back to text
226. WT/GC/M/18,
25, 26, 35, 40/Add.3,
45,
48,
55,
57,
61,
66,
69,
71,
78,
80,
81 and
82. A list of these organizations is provided in Section
II of WT/GC/W/51/Rev.9. back to text
227. WT/GC/M/13, section 9(c). The text of the adopted guidelines can be
found in WT/L/162. back to text
228. WT/GC/M/29, 35,
45,
57. back to text
229. WT/GC/M/13, section 11(b). See WT/L/162 for the text of the
guidelines. back to text
230. WT/GC/M/65,
66,
68 and
78. back to text
231. Mr Sutherland, as former Director-General to the GATT 1947, served
as the first Director-General pursuant to Article XVI:2 of the
WTO
Agreement. back to text
232. At its meeting on 24 March 1995, the General Council appointed Mr
Ruggiero as the Director-General. See WT/GC/M/2, p. 1. back to text
233. At its meeting of 22 July 1999, the General Council appointed Mr
Moore as the Director-General. See WT/GC/M/46, in particular, p. 18. The
text of the adopted decision can be found in WT/L/308. back to text
234. At its meeting of 22 July 1999, the General Council also appointed
Dr Panitchpakdi as the Director-General to succeed to Mr Moore. See WT/GC/M/46, in particular, p. 18. The text of the adopted decision can
be found in WT/L/308. back to text
235. WT/L/308, last paragraph. back to text
236. Issued as WT/GC/W/482 and
482/Rev.1. back to text
237. WT/GC/M/77. The text of the procedures were subsequently issued as
WT/L/509. In addition, the General Council approved modified Conditions
of Service issued as WT/GC/67. back to text
238. MTN.TNC/45(MIN). back to text
239. MTN.TNC/45(MIN), last paragraph. back to text
240.
WT/GC/M/7, section 1 (the text of the adopted decision can be found
in
WT/L/91); WT/GC/M/16, section 6 (the text of the adopted decision can
be found in
WT/L/197); WT/GC/M/18, section 3 (the text of the adopted
decision can be found in
WT/L/205);
WT/GC/M/20, section 1 (the text of
the adopted decision can be found in
WT/L/223); and
WT/GC/M/28, section
1 (the text of the adopted decision can be found in
WT/L/269). back to text
241.
WT/L/205. back to text
242. WT/GC/M/31, section 10(a). The text of the adopted decision can be
found in WT/L/282, whose Annex 2 contains the adopted Staff Regulations,
Staff Rules and the Regulations and Administrative Rules of the WTO
Pension Plan. back to text
243. Annex 2 to WT/L/282 and
Annex B to
Annex 2, e.g. Regulation 1.4 of
the Staff Regulations and point 4 of the Standards of Conduct. back to text
244. For budgetary and financial reports proposed by the
Director-General: WT/BFA/23, WT/BFA/25 — 1995; WT/BFA/W/15, WT/BFA/W/19
— 1996; WT/BFA/W/25, WT/BFA/W/26 — 1997; WT/BFA/W/33,
WT/BFA/W/34
— 1998; WT/BFA/W/42 — 1999;
WT/BFA/W/57 — 2000;
WT/BFA/W/97 — 2002; WT/BFA/W/114
— 2003; and WT/BFA/W/128 — 2004. back to text
245. The recommendations are contained in WT/BFA/2, 3, 4, 5 (including
Add.1), 6, 7, 8, 13, 15, 16, 18, 20, 21, 22, 24, 26, 28, 30, 31, 32, 33
(including Add.1 and Corr.1), 35, 36, 38, 39, 40, 44, 45, 46, 47, 48,
49. back to text
246. WT/BFA/2
adopted 3 April 1995, WT/GC/M/3; WT/BFA/3 and 4
adopted 31
May 1995, WT/GC/M/4; WT/BFA/5 adopted 11 July 1995, WT/GC/M/5; WT/BFA/6, 7
and 8
adopted 15 November 1995, WT/GC/M/8; WT/BFA/13 and 15
adopted on
13 and 15 December 1995, WT/GC/M/9; WT/BFA/16 and 18
adopted on 6
February 1996, WT/GC/M/10; WT/BFA/20, 21
and 22
adopted on 16 April
1996, WT/GC/M/11; WT/BFA/24 adopted on 26 June 1996, WT/GC/M/12; WT/BFA/26
adopted on 18 July 1996, WT/GC/M/13; WT/BFA/28 adopted on 26 November
1996, WT/GC/M/17; WT/BFA/30 adopted on 24 April 1997, WT/GC/M/19; WT/BFA/31
adopted on 16 July 1997, WT/GC/M/21; WT/BFA/32 adopted on 22 October
1997, WT/GC/M/23; WT/BFA/33 adopted on 10 December 1997, WT/GC/M/25; WT/BFA/35
adopted on 24 April 1998, WT/GC/M/28; WT/BFA/36 adopted on 15, 16 and 22
July 1998, WT/GC/M/29; WT/BFA/38 adopted on 9–11 and 18 December 1998,
WT/GC/M/32; WT/BFA/39 and 40
adopted on 15 July 1999, WT/GC/M/45; WT/BFA/44
adopted on 17 December 1999, WT/GC/M/52 and Corr.1; WT/BFA/45 adopted on
7 and 8 February 2000, WT/GC/M/53; WT/BFA/46 adopted on 3 and 8 May
2000, WT/GC/M/55; WT/BFA/47 and 48
adopted on 17 and 19 July 2000,
WT/GC/M/57; WT/BFA/49 adopted on 10 October 2000, WT/GC/M/58; WT/BFA/51
adopted 7 February 2001, WT/GC/M/61; WT/BFA/52 adopted 2 March 2001,
WT/GC/M/63; WT/BFA/53 adopted 10 August 2001, WT/GC/M/66; WT/BFA/54
adopted 26 October WT/GC/M/69; WT/BFA/55 adopted 13 December 2001, WT/GC/M/71; WT/BFA/56 adopted 6 February 2002, WT/GC/M/72; WT/BFA/58–59
adopted 27 September 2002, WT/GC/M/75; WT/BFA/60 adopted 5 November
2002, WT/GC/M/76; WT/BFA/62 adopted 13 February 2003, WT/GC/M/77; WT/BFA/63
adopted 18 July 2003, WT/GC/M/80; WT/BFA/64 adopted 28 August
2003, WT/GC/M/81; WT/BFA/67 adopted 13 November 2003, WT/GC/M/82; WT/BFA/70
adopted on 16 December 2003, WT/GC/M/84; WT/BFA/71–2 adopted on 18 May
2004, WT/GC/M/86; WT/BFA/73 adopted on 1 August 2004, WT/GC/M/87; WT/BFA/75
adopted on 13 December 2004, WT/GC/M/90. back to text
247. WT/GC/M/8, section 7(c). The text of the Financial Regulations can
be found in WT/L/156 and the text of the Financial Rules can be found in
WT/L/157. back to text
248. WT/BFA/13, L/7649, Section VII. back to text
249. In relation to “Inactive Members”, on 9 December 1994, the
Preparatory Committee for the WTO adopted the following recommendation:
“(a) a Member be designated as an Inactive Member if, at the end of a
financial year, the full contributions for three or more years,
commencing with the year 1989*, are unpaid;
(b) the list of Inactive Members be notified to the General Council by
the Committee on Budget, Finance and Administration at the beginning of
each calendar year with a recommendation that these Members be urged to
liquidate their arrears;
(c) assessments for Inactive Members for a given year be placed in a
separate account and not counted as part of the anticipated revenue of
the WTO for that year;
(d) as soon as an appropriate payment is made by
Inactive Member, the General Council be
notified immediately of the consequential deletion from the list of
Inactive Members;
(e) Inactive Members be denied access to
training or technical assistance other than that necessary to meet their
WTO Article XIV–2 obligations;
(f) arrears collected from Inactive Members
for a given year be placed in the Surplus Account.”
PC/7 and L/7578,
para. 7. In accordance with (b) above, the Secretariat prepared the list
of Inactive Members. See e.g. WT/BFA/52, Section I and WT/BFA/W/108 for
the status as at February 2004. back to text
250. The new methodology was based on the following principles: (a) The
share to be contributed by each Contracting Party/Member to the annual
operating budget of the GATT/WTO shall be established on the basis of
that country’s (or separate customs territory’s) international trade
(imports plus exports) in relation to the total international trade of
all GATT Contracting Parties/WTO Members; (b) The figures used shall be
those for the last three years for which data are available; (c) The
statistics used shall relate to trade in goods, services and
intellectual property rights as reported in balance-of-payments
statistics from the International Monetary Fund (IMF); with regard to
services, the statistics shall relate to the definition of commercial
services as applied in the WTO; (d) Where IMF data deviate from IMF
guidelines and include transactions not related to goods, services or
intellectual property rights, adjustments provided to the WTO by the
Central Bank or the National Statistical Office of a Contracting
Party/Member shall be taken into account by the Secretariat when
adequately documented and justified; (e) If IMF data are not available,
the WTO Secretariat will use estimates based on the best other available
sources; (f) A minimum contribution of 0.03 per cent will be applied to
those contracting parties/members whose share in the total
international trade of all GATT Contracting Parties/WTO Members is less
than 0.03 per cent. WT/BFA/6, L/7633. The BFA Committee subsequently
recommended that the minimum percentage contribution be changed to 0.015
per cent. WT/BFA/44. The General Council approved this recommendation at
its meeting on 17 December 1999. WT/GC/M/52. back to text
251. WT/BFA/6, L/7633. back to text
252. WT/GC/M/8, section 7(a). back to text
253. WT/BFA/W/50/Rev.2. back to text
254. WT/MIN(01)/DEC/1, para.40. back to text
255. WT/BFA/W/107. back to text
256. WT/GC/M/8, section 7(c). The text of the adopted Financial
Regulations can be found in WT/L/156. back to text
257. WT/L/386. back to text
258. In compliance with these guidelines and in particular with
paragraph 4 of WT/L/386, the Secretariat submitted document WT/BFA/W/56
that described a donation from Friedrich-Ebert-Stiftung (FES), a
German-based non-profit foundation. The Committee decided that the
Director-General could accept the donation in kind from the
Friedrich-Ebert-Stiftung (FES) estimated at CHF 115,000 in order to
facilitate the participation of developing country journalists in a
series of two half-day seminars designed to familiarize these
journalists with current WTO issues and build their capacity to write on
WTO topics as described in document WT/BFA/W/56. (WT/BFA/53). back to text
259. WT/L/386,
para. 9. back to text
260. WT/BFA/W/111 and 111/Rev.1. back to text
261. Staff Regulation 1.6. back to text
262. See G.A. Res. 179(III) of 21 November 1947, United Nations Treaty
Series; 33 U.N.T.S., p. 261. back to text
263. The text of the Headquarters Agreement can be found in WT/GC/1 and
Add.1. back to text
264. The text of the Infrastructure Agreement can be found in WT/GC/2.
back to text
265. WT/GC/M/4, section 5, and WT/L/69. back to text
266. The text of the decision can be found in PC/9. At its meeting of 31
January 1995, the General Council endorsed certain provisions of the
decision of the Preparatory Committee. WT/GC/M/1, section 4.I(d). The
text of the endorsed decision can be found in WT/L/36. back to text
267. The text of the Agreement can be found in ICITO/1/39. back to text
268. In respect of waivers, the WTO Agreement contains the Understanding
in Respect of Waivers of Obligations under the General Agreement on
Tariffs and Trade 1994, see Section XXIII of this
Chapter. back to text
269. WT/L/93. Refer to the text on
Article XII of the WTO Agreement.
back to text
270. Appellate Body Report on Japan — Alcoholic Beverages II, pp.
12–15.
In this regard, see excerpt referenced in para. 30, of the Chapter on
the DSU. back to text
271. Appellate Body Report on Japan — Alcoholic Beverages II, p. 13.
back to text
272. (footnote original) The “matter in issue” is the “matter
referred to the DSB” pursuant to Article 7 of the
DSU. back to text
273. (footnote original) Japan — Taxes on Alcoholic
Beverages,
AB–1996–2, adopted 1 November 1996, WT/DS8/AB/R, WT/DS10/AB/R,
WT/DS11/AB/R, p. 13. back to text
274. Appellate Body Report on
US — Wool Shirts and Blouses, pp.
19–20. back to text
275. WT/GC/W/133. back to text
276. WT/GC/W/143. back to text
277. With respect to the attempt to amend Articles 21.5 and
22 of the
DSU, see paras 65–66 of the
DSU. Also, with respect to the jurisprudence
on this issue, see excerpts referenced in the Chapter on the DSU. back to text
278. WT/MIN(01)/DEC/2. back to text
279. WT/MIN(01)/DEC/2, para. 5. See also
Section LXXVIII of the Chapter
on the TRIPS Agreement. back to text
280. WT/GC/M/8, section 3. The text of the adopted procedures can be
found in WT/L/93. back to text
281. WT/L/93, first paragraph. back to text
282. Panel Report on EC — Bananas III, para. 7.107. back to text
283. Appellate Body Report on EC — Bananas III, para. 183. back to text
284. (footnote original) Panel Report on US — Sugar
Waiver, para. 5.9.
back to text
285. (footnote original) Waiver Granted in Connection with the
European Coal and Steel Community, Decision of 10 November 1952, BISD
1S/17, para. 3. back to text
286. Appellate Body Report on EC — Bananas III, paras. 184–187. back to text
287. See also WT/MIN(01)/DEC/1, para. 30. back to text
288. TN/DS/1–11. back to text
289. TN/DS/9. back to text
290. WT/GC/M/81. back to text
291. TN/DS/10. back to text
292. WT/GC/M/87. (Draft decision contained in WT/GC/W/535 and Corr.1.)
back to text
293. TN/DS/4, para. 6. back to text
294. WT/GC/M/1, section 4.I(f). The text of the adopted decision can be
found in WT/L/30. back to text
295. With respect to the accession, see paras. 187–192 of this
Chapter.
back to text
296. Note that the text of the Agreement identifies the original Member
as the European Communities. back to text
297. Since 1 July 1997, when sovereignty over Hong Kong reverted to
China, this separate customs territory has been known as “Hong Kong,
China”. back to text
298. Since 20 December 1999, when sovereignty over Macau reverted to
China, this separate customs territory has been known as “Macau, China”.
back to text
299. WT/GC/M/4, section 2. The text of the approval can be found in
WT/L/70. back to text
300. WT/GC/M/9, section 1(i). back to text
301. MTN.TNC/40 back to text
302. WT/GC/M/1, section 2. back to text
303. See GATT Analytical Index, pp. 1017–1028.. back to text
304. WT/GC/M/1, section 4.I(g). At the same meeting, the General Council
applied this treatment to Belarus. WT/GC/M/1, section 4.I(g). back to
text
305. WT/LDC/HL/23, the section dealing with Thematic Round Table A,
para. II(b). With respect to the High-Level Meeting generally, see para.
88.
back to text
306. See WT/COMTD/LDC/11 Section (f) para. 18(iii). back to text
307. WT/COMTD/LCD/12, WT/L/508, Section I. back to text
308. WT/L/508, Section II. back to text
309. WT/L/508, Section III. back to text
310. WT/L/508, Section IV. back to text
311. WT/ACC/1. back to text
312. WT/ACC/1, para. 5. back to text
313. This figure includes only Working Parties on accession established
after 1 January 1995. Several Working Parties on accession were
established before 1995 by the GATT 1947 Council. These Working Parties
were transformed from GATT Working Parties to WTO Working Parties by a
decision of the General Council on 31 January 1995. In this regard, see para. 188 of this
Chapter. back to text
314. WT/GC/M/1, section 3. back to text
315. WT/GC/M/5, section 2(a). back to text
316. WT/GC/M/8, section 1. back to text
317. WT/GC/M/5, section 2(b). back to text
318. WT/GC/M/10, section 1. back to text
319. WT/GC/M/11, section 1. back to text
320. WT/GC/M/12, section 1. back to text
321. WT/GC/M/13, section 2. back to text
322. WT/GC/M/21, section 2. back to text
323. WT/GC/M/23, section 2. back to text
324. WT/GC/M/26, section 2. back to text
325. WT/GC/M/29, section 1. back to text
326. WT/GC/M/40, section 2. back to text
327. WT/GC/M/45, section 1(a). back to text
328. WT/GC/M/48, section 3(a). back to text
329.
WT/GC/M/57, section 3. back to text
330.
WT/GC/M/57, section 4. back to text
331.
WT/GC/M/63, section 2. back to text
332. WT/GC/M/66, section 3. back to text
333. WT/GC/M/66, section 4. back to text
334. WT/GC/M/76, section 1. back to text
335. WT/GC/M/77, section 1. back to text
336. WT/GC/M/78, section 2. back to text
337. WT/GC/M/6. The Working Party was established in October of 1992 and
the accession protocol accepted on 31 July 1995. The text of the
decision can be found in WT/ACC/ECU/5. back to text
338. WT/GC/M/14. The Working Party was established in November 1986 and
February 1990 and the accession protocol accepted on 2 October 1996. The
text of the decision can be found in WT/ACC/BGR/6. back to text
339. WT/GC/M/13. The Working Party was established in October of 1991
and the accession protocol accepted on 18 July 1996. The text of the
decision can be found in WT/ACC/MNG/10. back to text
340. WT/GC/M/14. The Working Party was established in October of 1991
and the accession protocol accepted on 2 October 1996. The text of the
decision can be found in WT/ACC/PAN/20. back to text
341. WT/GC/M/31. The Working Party was established in April of 1996 and
the accession protocol accepted on 14, 16 and 23 October 1998. The text
of the decision can be found in WT/ACC/KGZ/28. back to text
342. WT/GC/M/31. The Working Party was established in December of 1993
and the accession protocol accepted on 14, 16 and 23 October 1998. The
text of the decision can be found in WT/ACC/LVA/34. back to text
343. WT/GC/M/41. The Working Party was established 23 March 1994 and the
accession protocol accepted on 21 May 1999. The text of the decision can
be found in WT/ACC/EST/29. back to text
344. WT/GC/M/52. The Working Party was established 25 January 1994 and
the accession protocol accepted on 17 December 1999. The text of the
decision can be found in WT/ACC/JOR/34. back to text
345. WT/GC/M/48. The Working Party was established in July of 1996 and
the accession protocol accepted on 6 October 1999.
The text of the decision can be found in WT/ACC/GEO/32. back to text
346.
WT/GC/M/57.
The Working Party was established 10 December 1992 and the accession
protocol accepted on 17 and 19 July 2000. The text of the decision can
be found in WT/ACC/ALB/52. back to text
347. WT/GC/M/58. The Working Party was established in June of 1996 and
the accession protocol accepted on 10 October 2000. The text of the
decision can be found in WT/ACC/OMN/27. back to text
348.
WT/GC/M/57. The Working Party was established 27 October 1993 and
the accession protocol accepted on 17 and 19 July 2000. The text of the
decision can be found in WT/ACC/HRV/60. back to text
349. WT/GC/M/61. The Working Party was established in February of 1994
and the accession protocol accepted on 7, 8, 11 and 15 December 2000.
The text of the decision can be found in WT/ACC/LTU/53. back to text
350. WT/GC/M/1. The Working Party was established on 17–December 1993
and the accession protocol accepted on 5–February 2004. The text of the
decision can be found in WT/ACC/ARM/23. back to text
351. WT/ACC/KHM/1/Rev.6. The Working Party was established on 21
December 1994 and the accession protocol accepted on 11–September 2003.
The text of the decision can be found in WT/MIN(03)/18. back to text
352. WT/ACC/807/1/Rev.9. The Working Party was established on
21–December 1994 and the accession protocol accepted on 15 October 2002.
The text of the decision can be found in WT/L/494. back to text
353. WT/GC/M/65. The Working Party was established on 17 December 1993
and the accession protocol accepted on 8 May 2001. The text of the
decision can be found in WT/ACC/MOL/40. back to text
354. WT/GC/M/1. The Working Party was established on 21/22 June 1989 and
the accession protocol accepted on 11 September 2003. The text of the
decision can be found in WT/MIN(03)/19. back to text
355. WT/ACC/TPKM/18. The Working Party was established on 1 October 1992
and the accession protocol accepted on 11 November 2001. The text of the
decision can be found in WT/L/43. back to text
356. WT/GC/W/100. Five countries who acceded to the WTO after 1 January
1995 did not have working parties carried over from the GATT 1947. The
General Council gave Grenada, Papua New Guinea, Qatar, St. Kitts and
Nevis and the United Arab Emirates additional time to complete the
negotiation of their schedules. WT/L/30. back to text
357. WT/ACC/1, para. 5. back to text
358. WT/ACC/ECU/5. Decision dated 16 August 1995. Entry into force 21
January 1996. back to text
359. WT/L/100. Decision dated 15 November 1995. Entry into force 13
January 1996. back to text
360. WT/L/96. Decision dated 15 November 1995. Entry into force 22
February 1996. back to text
361. WT/L/94. Decision dated 15 November 1995. Entry into force 21
February 1996. back to text
362. WT/L/98. Decision dated 15 November 1995. Entry into force 9 June
1996. back to text
363. WT/L/128. Decision dated 6 February 1996. Entry into force 10 April
1996. back to text
364. WT/ACC/MNG/10. Decision dated 18 July 1996. Entry into force 29
January 1997. back to text
365. WT/ACC/PAN/20. Decision dated 2 October 1996. Entry into force 6
September 1997. back to text
366. WT/ACC/BGR/6. Decision dated 2 October 1996. Entry into force1
December 1996. back to text
367. WT/ACC/LVA/34. Decision dated 14 October 1998. Entry into force 10
February 1999. back to text
368. WT/ACC/KGZ/28. Decision dated 14 October 1998. Entry into force 20
December 1998. back to text
369. WT/ACC/EST/29. Decision dated 21 May 1999. Entry into force 13
November 1999. back to text
370. WT/ACC/GEO/32. Decision dated 6 October 1999. Entry into force 14
June 2000. back to text
371. WT/ACC/JOR/34. Decision dated 17 December 1999. Entry into force 11
April 2000. back to text
372. WT/ACC/ALB/52. Decision dated 17 July 2000. Entry into force 8
September 2000. back to text
373. WT/ACC/HRV/60. Decision dated 17 July 2000. Entry into force 30
November 2000. back to text
374. WT/ACC/OMN/27. Decision dated 10 October 2000. Entry into force 9
November 2000. back to text
375. WT/ACC/LTU/53. Decision dated 8 December 2000. Entry into force 31
May 2001. back to text
376. WT/ACC/MOL/39. Decision dated 8 May 2001. Entry into force 16 may
2001. back to text
377. WT/ACC/CHN/49, WT/ACC/CHN/49/Corr.1. Decision dated 1 October 2001.
Entry into force 23 November 2001(WT/L/432). back to text
378. WT/ACC/TPKM/18. Decision dated 5 October 2001. Entry into force 23
November 2001 (WT/L/433). back to text
379. WT/L/494. Decision dated 15 October 2002. Entry into force 18
October 2002. back to text
380. WT/ACC/ARM/23. Decision dated 10 December 2002. Entry into force 17
December 2002 (WT/L/506). back to text
381. WT/LET/449. Decision dated 12 September 2003. Entry into force 14
October 2003. back to text
382. GPA/2. Decision dated 27 February 1996. The instrument of accession
was deposited on 25 September 1996 and entered into force on 25 October
1996. WT/Let/111 and GPA/7. back to text
383. GPA/3. Decision dated 27 February 1996. The instrument of accession
was deposited on 19 August 1997 and entered into force on 18 September
1997. WT/Let/166 and GPA/17. back to text
384. GPA/6. Decision dated 20 September 1996. The instrument of
accession was deposited on 20 September 1997 and entered into force on
20 October 1997. WT/Let/179 and GPA/18. back to text
385. GPA/9. Decision dated 9 December 1996. The accession instrument was
deposited on 20 May 1997 and entered into force on 19 June 1997.
WT/Let/141 and GPA/14. back to text
386. GPA/43. Decision dated 29 September 2000. The instrument of
accession was deposited on 29 March 2001 and entered into force on 28
April 2001 (WT/Let/388 and GPA/48). back to text
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