(in accordance with Article 29(2)(a))
Editor's note: originally, Annex G (modification based on Article 4 of the Amendment to the Trade-Related Provisions of the Energy Charter Treaty). See also "Transparency Document - Annex W, modified into a positive list of the applicable WTO provisions".
Notwithstanding the listing of paragraph 6 of article XXIV of the GATT 1994 in Annex W (A)(1)(a)(i), any signatory affected by an increase in customs duties or other charges of any kind imposed on or in connection with importation or exportation referred to in the first sentence of that paragraph, is entitled to seek consultations in the Charter Conference.
(A) Exceptions to the Application of the Provisions of the WTO Agreement.
The following provisions of the WTO Agreement shall not be applicable under Article 29(2)(a):
(1) Agreement Establishing the World Trade Organization
All except article IX, paragraphs 3 and 4 and XVI, paragraphs 1, 3 and 4
(a) Annex 1A to the WTO Agreement:
Multilateral Agreements on Trade in Goods:
(i) General Agreement on Tariffs and Trade 1994
II Schedules of Concessions, paragraphs (1)(a),(1)(b,1st sentence), (1)(c) and (7)
IV Special Provisions relating to Cinematographic Films
XV Exchange Arrangements
XVIII Governmental Assistance to Economic Development
XXII Consultation
XXIII Nullification or Impairment
XXIV Customs Unions and Free-Trade Areas, paragraph 6
XXV Joint Action by the Contracting Parties
XXVI Acceptance, Entry into Force and Registration
XXVII Withholding or Withdrawal of Concessions
XXVIII Modification of Schedules
XXVIIIbis Tariff Negotiations
XXIX The Relation of this Agreement to the Havana Charter
XXX Amendments
XXXI Withdrawal
XXXII Contracting Parties
XXXIII Accession
XXXV Non-application of the Agreement between Particular Contracting Parties
XXXVI Principles and Objectives
XXXVII Commitments
XXXVIII Joint Action
Annex H Relating to Article XXVI
Annex I Notes and Supplementary Provisions (related to the above-mentioned GATT provisions)
Understanding on the Interpretation of Article II: 1(b) of the GATT 1994
2 Date of incorporation of other duties and charges into the schedule
4 Challenges, (1st sentence only)
6 Dispute settlement
8 Supersession of BISD 27S/24
Understanding on the Interpretation of Article XVII of the GATT 1994
1 only the phrase “for review by the working party to be set up under paragraph (5)”
5 Working Party on state trading
Understanding on the Balance-of-Payments Provisions of the GATT 1994
5 Committee on Balance-of-Payments Restrictions, except last sentence
7 Review by the Committee, the phrase “or under paragraph 12(b) of Article XVIII”
8 Simplified consultation procedures
13 Conclusions of Balance-of-Payments consultations, first sentence, third sentence: the phrase “and XVIII: B,
the 1979 Declaration” and last sentence.
Understanding on the Interpretation of Article XXIV of the GATT 1994
All except paragraph 13
Understanding in Respect of Waivers of Obligations under the GATT 1994
3 Nullification and Impairment
Understanding on the Interpretation of Article XXVIII of the GATT 1994
Marrakesh Protocol to the GATT 1994
(ii) Agreement on Agriculture
(iii) Agreement on the Application of Sanitary and Phytosanitary Measures
(iv) Agreement on Textiles and Clothing
(v) Agreement on Technical Barriers to Trade
Preamble (paragraphs 1, 8, 9)
1.3 General Provisions
10.5 The words “Developed country” and the words “French or Spanish” which shall be replaced by “Russian”
10.6 The phrase “and draw attention of developing country Members …. interest to them.”
10.9 Information about technical regulations, standards and certification systems (languages)
11 Technical assistance to other Parties
12 Special and differential treatment of developing countries
13 The Committee on Technical Barriers to Trade
14 Consultation and Dispute Settlement
15 Final Provisions (other than 15.2 and 15.5)
Annex 2 Technical Expert Groups
(vi) Agreement on Trade-Related Investment Measures
(vii) Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping)
15 Developing Country Members
16 Committee on Anti-Dumping Practices
17 Consultation and Dispute Settlement
18 Final Provisions, paragraphs 2 and 6
(viii) Agreement on Implementation of Article VII of the GATT 1994 (Customs Valuation)
Preamble, paragraph 2, the phrase “and to secure additional benefits for the international trade of developing countries”
14 Application of Annexes (second sentence except as far as it refers to Annex III paragraphs 6 and 7)
18 Institutions (Committee on Customs Valuation)
19 Consultation and Dispute Settlement
20 Special and differential treatment of developing countries
21 Reservations
23 Review
24 Secretariat
Annex II Technical Committee on Customs Valuation
Annex III Extra Provisions (except paragraphs 6 and 7)
(ix) Agreement on Preshipment Inspection
Preamble, paragraphs 2 and 3
3.3 Technical Assistance
6 Review
7 Consultation
8 Dispute Settlement
(x) Agreement on Rules of Origin
Preamble, 8th indent
4 Institutions
6 Review
7 Consultation
8 Dispute Settlement
9 Harmonisation of Rules of Origin
Annex I Technical Committee on Rules of Origin
(xi) Agreement on Import Licensing Procedures
1.4(a) General Provisions (last sentence)
2.2 Automatic Import Licensing (footnote 5)
3.5(iv) Non-Automatic Import Licensing (last sentence)
4 Institutions
6 Consultations and Dispute Settlement
7 Review (except paragraph 3)
8 Final provisions (except paragraph 2)
(xii) Agreement on Subsidies and Countervailing Measures
4 Remedies (except paragraphs 4.1, 4.2 and 4.3)
5 Adverse Effects, last sentence
6 Serious Prejudice (paragraphs 6.6, the phrases “subject to the provisions of paragraph 3 of Annex V” and “arising under Article 7, and to the panel established pursuant to paragraph 4 of Article 7”, 6.8 the phrase “, including information submitted in accordance with the provisions of Annex V” and 6.9)
7 Remedies (except paragraphs 7.1, 7.2 and 7.3)
8 Identification of Non-Actionable Subsidies, paragraph 8.5 and Footnote 25
9 Consultations and Authorised Remedies
24 Committee on Subsidies and Countervailing Measures and Subsidiary Bodies
26 Surveillance
27 Special and Differential Treatment of Developing Country Members
29 Transformation into Market Economy, paragraph 29.2 (except first sentence)
30 Dispute Settlement
31 Provisional Application
32.2, 32.7 and 32.8 (only insofar as it refers to Annexes V and VII) Final Provisions
Annex V Procedures for Developing Information concerning Serious Prejudice
Annex VII Developing Countries
(xiii) Agreement on Safeguards
9 Developing Country Members
12 Notification and Consultation, paragraph 10
13 Surveillance
14 Dispute Settlement
Annex Exception
(b) Annex 1B to the WTO Agreement:
General Agreement on Trade in Services
(c) Annex 1C to the WTO
Agreement: Agreement on Trade-Related Aspects of Intellectual Property Rights
Signatories confirm their commitment to provide effective protection of intellectual property rights following the highest international standards.
Intellectual property rights include for the purpose of this Declaration in particular copyright and related rights (including computer programmes and data bases), trademarks, geographical indications, patents, designs, topographies of semiconductor products and undisclosed information.
(d) Annex 2 to the WTO Agreement:
Understanding on Rules and Procedures Governing the Settlement of Disputes
(e) Annex 3 to the WTO Agreement:
Trade Policy Review Mechanism
(f) Annex 4 to the WTO Agreement:
Plurilateral Trade Agreements:
(i) Agreement on Trade in Civil Aircraft
(ii) Agreement on Government Procurement
(g) Ministerial Decisions, Declarations and Understanding:
(i) Decision on Measures in favour of Least-Developed Countries
(ii) Declaration on the Contribution of the WTO to Achieving Greater Coherence in Global Economic Policy Making
(iii) Decision on Notification Procedures
(iv) Declaration on the Relationship of the WTO with the IMF
(v) Decision on Measures Concerning the Possible Negative Effects of the Reform Programme on Least-Developed and Net Food- Importing Developing Countries
(vi) Decision on Notification of First Integration under Article 2.6 of the Agreement on Textiles and Clothing
(vii) Decision on Review of the ISO/IEC Information Centre Publication
(viii) Decision on Proposed Understanding on WTO-ISO Standards Information System
(ix) Decision on Anti-Circumvention (x) Decision on Review of Article 17.6 of the Agreement on Implementation of Article VI of the GATT 1994
(xi) Declaration on Dispute Settlement pursuant to the Agreement on Implementation of Article VI of the GATT 1994 or Part V of the Agreement on Subsidies and Countervailing Measures
(xii) Decision Regarding Cases Where Customs Administrations Have Reason to Doubt the Truth or Accuracy of the Declared Value
(xiii) Decision on Texts Relating to Minimum Values and Imports by Sole Agents, Sole Distributors and Sole Concessionaires
(xiv) Decision on Institutional Arrangements for the GATS (xv) Decision on certain Dispute Settlement Procedures for the GATS
(xvi) Decision on Trade in Services and the Environment (xvii) Decision on Negotiations on Movement of Natural Persons
(xviii) Decision on Financial Services (xix) Decision on Negotiations on Maritime Transport Services
(xx) Decision on Negotiations on Basic Telecommunications
(xxi) Decision on Professional Services
(xxii) Decision on Accession to the Agreement on Government Procurement
(xxiv) Decision on the Application and Review of the Understanding on Rules and Procedures Governing the Settlement of Disputes
(xxv) Understanding on Commitments in Financial Services
(xxvi) Decision on the Acceptance of and Accession to the Agreement Establishing the WTO
(xxvii) Decision on Trade and Environment
(xxviii) Decision on Organisational and Financial Consequences Following from Implementation of the Agreement Establishing the WTO
(xxix) Decision on the Establishment of the Preparatory Committee for the WTO
(2) All other provisions in the WTO Agreement which relate to:
(a) governmental assistance to economic development and the treatment of developing countries, except for paragraphs (1) to (4) of the Decision of 28 November 1979 (L/4903) on Differential and more Favourable Treatment, Reciprocity and Fuller Participation of Developing Countries;
(b) the establishment or operation of specialist committees and other subsidiary institutions;
(c) signature, accession, entry into force, withdrawal, deposit and registration.
(3) All agreements, arrangements, decisions, understandings or other joint action pursuant to the provisions listed as not applicable in paragraphs (1) or (2).
(4) Trade in nuclear materials may be governed by agreements referred to in the Declarations related to this paragraph contained in the Final Act of the European Energy Charter Conference.
The Russian Federation has raised the issue of trade in nuclear materials. The Russian Federation and the EU agreed that the Partnership and Cooperation Agreement between the Russian Federation, the European Union and its Member States, which entered into force on 1 December 1997, is the appropriate framework to deal with this issue, as confirmed in the conclusions of 27 January 1998 Cooperation Council.
(a) The European Communities and the Russian Federation declare that trade in nuclear materials between them shall be governed, until they reach another agreement, by the provisions of article 22 of the Agreement on Partnership and Cooperation establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, signed at Corfu on 24 June 1994, the exchange of letters attached thereto and the related joint declaration, and disputes regarding such trade will be subject to the procedures of the said Agreement.
(b) The European Communities and Ukraine declare that, in accordance with the Agreement on Partnership and Cooperation signed at Luxembourg on 14 June 1994 and the Interim Agreement thereto, initialled there the same day, trade in nuclear materials between them shall be exclusively governed by the provisions of a specific agreement to be concluded between the European Atomic Energy Community and Ukraine. Until entry into force of this specific agreement, the provisions of the Agreement on Trade and Economic and Commercial Cooperation between the European Economic Community, the European Atomic Energy Community and the Union of Soviet Socialist Republics signed at Brussels on 18 December 1989 shall exclusively continue to apply for trade in nuclear materials between them.
(c) The European Communities and Kazakhstan declare that, in accordance with the Agreement on Partnership and Cooperation initialled at Brussels on 20 May 1994, trade in nuclear materials between them shall be exclusively governed by the provisions of a specific agreement to be concluded between the European Atomic Energy Community and Kazakhstan.
Until entry into force of this specific agreement, the provisions of the Agreement on Trade and Economic and Commercial Cooperation between the European Economic Community, the European Atomic Energy Community and the Union of Soviet Socialist Republics signed at Brussels on 18 December 1989 shall exclusively continue to apply for trade in nuclear materials between them.
(d) The European Communities and Kyrgyzstan declare that, in accordance with the Agreement on Partnership and Cooperation initialled at Brussels on 31 May 1994, trade in nuclear materials between them shall be exclusively governed by the provisions of a specific agreement to be concluded between the European Atomic Energy Community and Kyrgyzstan.
Until entry into force of this specific agreement, the provisions of the Agreement on Trade and Economic and Commercial Cooperation between the European Economic Community, the European Atomic Energy Community and the Union of Soviet Socialist Republics signed at Brussels on 18 December 1989 shall exclusively continue to apply for trade in nuclear materials between them.
(e) The European Communities and Tajikistan declare that trade in nuclear materials between them shall be exclusively governed by the provisions of a specific agreement to be concluded between the European Atomic Energy Community and Tajikistan.
Until entry into force of this specific agreement, the provisions of the Agreement on Trade and Economic and Commercial Cooperation between the European Economic Community, the European Atomic Energy Community and the Union of Soviet Socialist Republics signed at Brussels on 18 December 1989 shall exclusively continue to apply for trade in nuclear materials between them.
(f) The European Communities and Uzbekistan declare that trade in nuclear materials between them shall be exclusively governed by the provisions of a specific agreement to be concluded between the European Atomic Energy Community and Uzbekistan.
Until entry into force of this specific agreement, the provisions of the Agreement on Trade and Economic and Commercial Cooperation between the European Economic Community, the European Atomic Energy Community and the Union of Soviet Socialist Republics signed at Brussels on 18 December 1989 shall exclusively continue to apply for trade in nuclear materials between them.
* Editor's note: original - "G(4)", adapted by editors.
The delegations of the Russian Federation and of the European Communities have examined the situation of the nuclear trade between both Parties and they acknowledged the following:
Representatives of the Commission and of the Russian Government will meet in the near future in order to examine the difficulties encountered by Russian exporters of nuclear materials.
Editor's note: Annex II to document CONF 115 of 6 January 1995 (not published).
(B) Rules Governing the Application of Provisions of the WTO Agreement.
(1) In the absence of a relevant interpretation of the WTO Agreement adopted by the Ministerial Conference or the General Council of the World Trade Organization under paragraph 2 of article IX of the WTO Agreement concerning provisions applicable under Article 29(2)(a), the Charter Conference may adopt an interpretation.
(2) Requests for waivers under Article 29(2) and (6)(b) shall be submitted to the Charter Conference, which shall follow, in carrying out these duties, the procedures of paragraphs 3 and 4 of article IX of the WTO Agreement.
(3) Waivers of obligations in force in the WTO shall be considered in force for the purposes of Article 29 while they remain in force in the WTO.
(4) The provisions of article II of the GATT 1994 which have not been disapplied shall, without prejudice to Article 29(4), (5) and (7), be modified as follows:
(i) All Energy Materials and Products listed in Annex EM II and EnergyRelated Equipment listed in Annex EQ II imported from or exported to any other Contracting Party shall also be exempt from all other duties or charges of any kind imposed on or in connection with importation or exportation, in excess of those imposed on the date of the standstill referred to in Article 29(6), first sentence, or under Article 29(7), or those directly and mandatorily required to be imposed thereafter by legislation in force in the importing or exporting territory on the date referred to in Article 29(6), first sentence.
(ii) Nothing in article II of the GATT 1994 shall prevent any Contracting Party from imposing at any time on the importation or exportation of any product:
(iii) No Contracting Party shall alter its method of determining dutiable value or of converting currencies so as to impair the value of the standstill obligations provided for in Article 29(6) or (7).
(iv) If any Contracting Party establishes, maintains or authorises, formally or in effect, a monopoly of the importation or exportation of any Energy Material or Product listed in Annex EM II or in respect of Energy-Related Equipment listed in EQ II, such monopoly shall not operate so as to afford protection on the average in excess of the amount of protection permitted by the standstill obligation provided for in Article 29(6) or (7). The provisions of this paragraph shall not limit the use by Contracting Parties of any form of assistance to domestic producers permitted by other provisions of this Treaty.
(v) If any Contracting Party considers that a product is not receiving from another Contracting Party the treatment which the first Contracting Party believes to have been contemplated by the standstill obligation provided for in Article 29(6) or (7), it shall bring the matter directly to the attention of the other Contracting Party. If the latter agrees that the treatment contemplated was that claimed by the first Contracting Party, but declares that such treatment cannot be accorded because a court or other proper authority has ruled to the effect that the product involved cannot be classified under the tariff laws of such Contracting Party so as to permit the treatment contemplated in this Treaty, the two Contracting Parties, together with any other Contracting Parties substantially interested, shall enter promptly into further negotiations with a view to a compensatory adjustment of the matter.
(vi)
(vii) Each Contracting Party shall notify the Secretariat of the customs duties and charges of any kind applicable on the date of the standstill referred to in Article 29(6) first sentence. The Secretariat shall keep a Tariff Record of the customs duties and charges of any kind relevant for the purpose of the standstill on customs duties and charges of any kind under Article 29(6) or (7).
(5) The Decision of 26 March 1980 on “Introduction of a Loose-Leaf System for the Schedules of Tariff Concessions” (BISD 27S/24) shall not be applicable under Article 29(2)(a). The applicable provisions of the Understanding on the Interpretation of Article II:1(b) of the GATT 1994 shall, without prejudice to Article 29(4), (5) or (7), apply with the following modifications:
(6) Where the WTO Agreement refers to “duties inscribed in the Schedule” or to “bound duties”, there shall be substituted “the level of customs duties and charges of any kind permitted under Article 29(4) to (8)”.
(7) Where the WTO Agreement specifies the date of entry into force of the WTO Agreement (or an analogous phrase) as the reference date for an action, there shall be substituted the date of entry into force of the Amendment to the trade-related provisions of this Treaty adopted by the Charter Conference on 24 April 1998.
(8) With respect to notifications required by the provisions made applicable by Article 29(2)(a):
(9) Where Article 29(2)(a) or (6)(b) applies, the Charter Conference shall carry out any applicable duties that the WTO Agreement assigned to the relevant bodies under the WTO Agreement.
(10)