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WTO ANALYTICAL INDEX: MARRAKESH AGREEMENT

Marrakesh Agreement Establishing the World Trade Organization

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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.

> Preamble
> Article I
> Article II
> Article III
> Article IV
> Article V
> Article VI
> Article VII
> Article VIII
> Article IX
> Article X
> Article XI
> Article XII
> Article XIII
> Article XIV
> Article XV
> Article XVI
> Explanatory Notes
> Ministerial Decisions and Declarations Regarding the WTO as an International Organization
> Tables

> Analytical Index main page


Table of contents    back to top

I. Preamble    back to top

A. Text of the Preamble
B. Interpretation and application of the Preamble

1. Legal relevance of the Preamble

(a) First recital: environmental context

(b) Second recital: developing countries and trade

(i) “positive efforts”

(ii) “commensurate”

(c) Third recital: “reciprocal and mutually advantageous arrangements”

(d) Fourth recital: “an integrated … multilateral trading system”

2. Relationship with other WTO Agreements

(a) GATT 1994

(i) Article XX(g)

(ii) Article XXIV

(b) SCM Agreement


II. Article I    back to top

A. Text of Article I
B. Interpretation and application of Article I


III. Article II    back to top

A. Text of Article II
B. Interpretation and application of Article II

1. Article II:2

(a) WTO agreements as part of a single undertaking

(b) Common context

(c) Coexistence

2. Article II:4


IV. Article III    back to top

A. Text of Article III
B. Interpretation and Application of Article III

1. Article III:1

(a) “implementation, administration and operation … of the Multilateral Trade Agreements”

(i) General

(ii) Circulation and derestriction of documents

2. Article III:2

(a) “forum for negotiations among its Members”

(i) “Built-in Agenda”

(ii) E-commerce Work Programme and moratorium on customs duties on electronic transmissions

(iii) Negotiations launched at the Doha Ministerial Conference

3. Article III:3

(a) “shall administer the Understanding on Rules and Procedures Governing the Settlement of Disputes”

4. Article III:4

(a) “shall administer the Trade Policy Review Mechanism”

5. Article III:5: cooperation with the IMF and the World Bank

(a) “The WTO shall cooperate, as appropriate”

(i) General

(ii) Observer status

(iii) Cooperation agreements do not modify, add to or diminish rights and obligations of Members

(iv) No requirement for WTO panels to consult with IMF

(b) “with a view to achieving greater coherence in global economic policy-making”

(i) General

(ii) Annual reports


V. Article IV    back to top

A. Text of Article IV
B. Interpretation and Application of Article IV

1. Organization chart

2. Article IV:1

(a) “there shall be a Ministerial Conference … which shall meet at least once every two years”

(i) 1996 Singapore Ministerial Conference

(ii) 1998 Geneva Ministerial Conference

(iii) 1999 Seattle Ministerial Conference

(iv) 2001 Doha Ministerial Conference

(v) 2003 Cancún Ministerial Conference

(vi) 2005 Hong Kong Ministerial Conference

(vii) 2009 Geneva Ministerial Conference

(viii) 2011 Geneva Ministerial Conference

(b) “The Ministerial Conference shall carry out the functions of the WTO”

(i) Powers of the Ministerial Conference

(ii) Powers under other Agreements

(iii) Working parties

(c) “Ministerial Conference shall … take decisions on all matters under any of the Multilateral Trade Agreements”

(d) “in accordance with the specific requirements for decision-making in this Agreement and in the relevant Multilateral Trade Agreements”

(e) Rules of procedure

3. Article IV:2

(a) “there shall be a General Council”

(b) “The General Council shall also carry out the functions assigned to it by this Agreement”

(c) “the General Council shall establish its rules of procedure”

(d) “the General Council shall … approve the rules of procedure for the committees … ”

(e) Procedures for reporting to and by the General Council

4. Article IV:3: “the General Council shall convene … to discharge the responsibilities of the Dispute Settlement Body (DSB)”

(a) General

(b) “The DSB … shall establish such rules of procedure”

(c) Special Session of the Dispute Settlement Body

5. Article IV:4: “the General Council shall … discharge the responsibilities of the Trade Policy Review Body”

(a) Country reviews

(b) “the Trade Policy Review Body shall …establish such rules of procedure”

6. Article IV:5

(a) “Council for Trade in Goods”

(i) Functions

(ii) Rules of procedure

(b) “Council for Trade in Services”

(i) Functions

(ii) Rules of procedure

(c) “The Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS)”

(i) Functions

(ii) Rules of procedure

(d) The Councils “shall operate under the general guidance of the General Council”

7. Article IV:6

(a) “the [Council for Trade in Goods] … shall establish subsidiary bodies”

(b) “These subsidiary bodies shall establish … rules of procedure subject to approval of their respective Councils”

(c) “the [Council for Trade in Services] … shall establish subsidiary bodies as required”

(d) “the [TRIPS Council] shall establish subsidiary bodies as required”

8. Article IV:7: Committees established by the Ministerial Conference or General Council

(a) Committee on Trade and Development

(i) Establishment and terms of reference

(ii) Rules of procedure and observer status

(iii) Reporting

(iv) Activities

(v) Reference to GATT practice

(b) Committee on Balance-of-Payments Restrictions

(i) Establishment and terms of reference

(ii) Rules of procedure

(iii) Reporting

(iv) Activities

(c) Committee on Budget, Finance and Administration

(i) Establishment and terms of reference

(ii) Rules of procedure

(iii) Reporting

(iv) Activities

(d) Committee on Market Access

(i) Establishment and terms of reference

(ii) Rules of procedure

(iii) Reporting

(iv) Activities

(e) Committee on Trade and Environment

(i) Establishment and terms of reference

(ii) Rules of procedure

(iii) Reporting

(iv) Activities

(f) Committee on Regional Trade Agreements

(i) Establishment and terms of reference

(ii) Rules of procedure

(iii) Reporting

(iv) Activities

(g) Trade Negotiations Committee (TNC)

9. Article IV:8

(a) Bodies provided for under Plurilateral Trade Agreements

(i) Committee on Government Procurement

(ii) Committee on Trade in Civil Aircraft

(iii) International Dairy Council and International Meat Council


VI. Article V    back to top

A. Text of Article V
B. Interpretation and Application of Article V

1. Article V:1

(a) “Shall make appropriate arrangements for effective cooperation with other intergovernmental organizations”

(b) Observer status

2. Article V:2

(a) “may make appropriate arrangements … with non-governmental organizations”

(i) Guidelines for Arrangements on Relations with Non-Governmental Organizations

(ii) Procedure to provide observer capacity


VII. Article VI    back to top

A. Text of Article VI
B. Interpretation and Application of Article VI

1. Article VI:1

(a) WTO Secretariat

2. Article VI:2

(a) “the Ministerial Conference shall appoint the Director-General”

(b) “regulations setting out the powers, duties, conditions of service and term of office of the Director-General”

3. Article VI:3

(a) “duties and conditions of service” of the WTO Secretariat

(i) Staff Regulations and Rules

(ii) WTO Pension Plan

4. Article VI:4: responsibilities and conduct of Director-General and Secretariat staff


VIII. Article VII    back to top

A. Text of Article VII
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”

(b) “the Committee on Budget, Finance & Administration shall … make recommendations”

2. Article VII:2

(a) “Committee on Budget, Finance and Administration shall propose … financial regulations”

(b) “provisions setting out the scale of contributions”

(c) “measures to be taken in respect of Members in arrears”

(d) Doha Development Agenda Global Trust Fund

3. Article VII:3

(a) “The General Council shall adopt the financial regulations and the annual budget estimate”


IX. Article VIII    back to top

A. Text of Article VIII
B. Interpretation and Application of Article VIII

1. Article VIII:1, VIII:2 and VIII:3

(a) General

2. Article VIII:4

3. Article VIII:5

(a) Headquarters Agreement

(b) Transfer of assets


X. Article IX    back to top

A. Text of Article IX
B. Interpretation and Application of Article IX

1. Article IX:1

(a) “The WTO shall continue the practice of decision-making by consensus”

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”

3. Article IX:3 and IX:4: Waivers

(a) Decision-making procedures for granting a waiver in the WTO

(b) Waivers of obligations under the WTO Agreements

(c) Waivers originally granted under the GATT 1947

(d) Interpretation of waivers

(i) Exceptional nature of waivers

(ii) Waivers cannot modify or add to obligations

(iii) Limited duration of waivers


XI. Article X    back to top

A. Text of Article X
B. Interpretation and Application of Article X

1. Article X:1

(a) “Amendments to this Agreement or the Multilateral Trade Agreements in Annex 1”

2. Article X:3

3. Article X:9

(a) Additions to Plurilateral Trade Agreements

(b) Deletions of Plurilateral Trade Agreements

4. Article X:10

(a) “Amendments to a Plurilateral Agreement shall be governed by the provisions of that Agreement”


XII. Article XI    back to top

A. Text of Article XI
B. Interpretation and Application of Article XI

1. General

(a) Members

(b) Observers

2. Article XI:1

(a) “The contracting parties to GATT 1947 … shall become original Members of the WTO”

(b) Special cases regarding acceptance and accession in 1994–96


XIII. Article XII    back to top

A. Text of Article XII
B. Interpretation and Application of Article XII

1. Article XII:1

(a) “Any State or separate customs territory … may accede to this Agreement”

(b) Working parties on accession

(i) Establishment, terms of reference and customary procedures

(ii) Continuation of GATT 1947 accession working parties

(iii) Completed accession processe

(iv) Ongoing accession processes

(c) Accession decisions adopted by the WTO

(d) Observer status for applicants for accession

(e) Accession by least-developed countries

(f) Nature of commitments in accession protocols

2. Article XII:2

(a) Decision-making procedures on accession

3. Article XII:3: Acceptance of or accession to a Plurilateral Trade Agreement

(a) Agreement on Government Procurement

(b) Other Plurilateral Trade Agreements


XIV. Article XIII    back to top

A. Text of Article XIII
B. Interpretation and Application of Article XIII

1. Article XIII:1

(a) “This Agreement … shall not apply as between any Member and any other Member … if either … does not consent”


XV. Article XIV    back to top

A. Text of Article XIV
B. Interpretation and Application of Article XIV

1. Transition from GATT 1947 to the WTO

2. Article XIV:1

(a) Date of entry into force of the WTO Agreement

(b) “unless the Ministers decide otherwise”

3. Article XIV:3

(a) Notifications of acceptance of the WTO Agreement

(b) Depositary functions of the Director-General of the GATT 1947

4. Article XIV:4

(a) Acceptance and entry into force of the Plurilateral Trade Agreements

(i) Agreement on Government Procurement

(ii) Agreement on Civil Aircraft

(iii) International Dairy Agreement and International Bovine Meat Agreement


XVI. Article XV    back to top

A. Text of Article XV
B. Interpretation and Application of Article XV

1. Article XV:1

(a) “Any member may withdraw from this Agreement”

2. Article XV:2

(a) “Withdrawal from a Plurilateral Trade Agreement”


XVII. Article XVI    back to top

A. Text of Article XVI
B. Interpretation and Application of Article XVI

1. Article XVI:1

(a) “the WTO shall be guided by the decisions, procedures and customary practices followed by the CONTRACTING PARTIES to GATT 1947”

(b) Status of actions or instruments as “decisions, procedures or customary practices”

(i) Bilateral agreements

(ii) Tokyo Round Agreements

(iii) GATT 1947 Council decisions

(iv) Adopted panel reports

(v) Unadopted panel reports

(vi) Panel findings that are not appealed

(c) Relationship between Article XVI:1 and Paragraph 1(b) of GATT 1994 incorporation clause

2. Article XVI:2

(a) “the Director-General to the CONTRACTING PARTIES to GATT 1947, …, shall serve as Director-General of the WTO”

3. Article XVI:4

(a) “Each Member shall ensure the conformity of its laws, regulations and administrative procedures”: measures to be brought into compliance

(i) Legislation, regulations and tariff schedules

(ii) Judicial decisions

(iii) Suspension of concessions authorized under DSU Article 22

(b) Relationship between Article XVI:4, Articles 18.4 of the Anti-Dumping Agreement and 32.5 of the SCM Agreement, and “as such” violations of the Anti-Dumping or SCM Agreements

4. Article XVI:5

(a) “Reservations in respect of any of the provisions of the Multilateral Trade Agreements”

(b) “Reservations in respect of a provision of a Plurilateral Trade Agreement”

5. Article XVI:6

(a) Registration of the Agreement


XVIII. Explanatory Notes    back to top

A. Text of Explanatory Notes
B. Interpretation and Application of the Explanatory Notes


XIX. Ministerial Decisions and Declarations Regarding the WTO as an International Organization    back to top

A. Decisions Taken at the Marrakesh Ministerial Meeting of 15 April 1994

1. Declaration on the Contribution of the World Trade Organization to Achieving Greater Coherence in Global Economic Policymaking

(a) Text of the Declaration

(b) Interpretation and Application of the Declaration

2. Declaration on the Relationship of the World Trade Organization with the International Monetary Fund

(a) Text of the Declaration

(b) Interpretation and Application of the Declaration

3. Decision on the Acceptance of and Accession to the Agreement Establishing the World Trade Organization

(a) Text of the Decision

(b) Interpretation and Application of the Decision

4. Decision on Measures in Favour of Least-Developed Countries

(a) Text of the Decision

(b) Interpretation and Application of the Decision

B. First Ministerial Meeting, Singapore, 1996

1. Singapore Ministerial Declaration

2. Ministerial Declaration on Trade in Information Technology Products

C. Second Ministerial Meeting, Geneva, 1998

1. Ministerial Declaration

2. Declaration on Global Electronic Commerce

D. Fourth Ministerial Meeting, Doha, 2001

1. Doha Declaration

2. Declaration on the TRIPS Agreement and Public Health

3. Decision on Implementation-Related Issues and Concerns

4. Procedures for Extensions under Article 27.4 of the SCM Agreement for Certain Developing Country Members

5. EC–ACP Partnership Agreement

6. EC — Transitional Regime for the EC Autonomous Tariff Rate Quotas on Imports of Bananas

E. Follow-up to Fifth Ministerial Meeting — General Council Decision, 2004
F. Sixth Ministerial Meeting — Hong Kong, 2005
G. Seventh Ministerial Meeting — Geneva, 2009

1. Decision on the Work Programme on E-commerce

2. Decision on TRIPS Non-Violation and Situation Complaints


XX. Tables    back to top

A. Table of WTO Members as of 30 September 2011
B. Observer Governments as of 30 September 2011
C. Table of Accessions under Article XII of the WTO Agreement as of 30 September 2011
D. Table of WTO Waivers Granted
E. Table of Waivers Granted under Article XXV:5 of the GATT 1947 and in Force as of 1 January 1995

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