Third sentence: the phrase and XVII: 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 15.5 and 15.13)
(vi) Agreement on Trade-Related Investment Measures
(vii) Agreement on Implementation of Article VI of the GATT 1994 (Antidumping)
15 Developing Country Members
16 Committee on Anti-Dumping Practices
17 Consultation and Dispute Settlement
18 Final Provisions, paragraphs 2 and 6
(vii) 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 )
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
"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 8 th indent 4 Institutions
6 Review
7 Consultation
8 Dispute Settlement
9 Harmonization 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
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
Serious Prejudice
(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
(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 (xxiii)
(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 Organizational 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 entered into by the Meeting of Energy Ministers.
(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), the Meeting of Energy Ministers may adopt an interpretation.
(2) requests for waivers under Article 29(2) and (6)(b) shall be submitted to the Meeting of Energy Ministers, 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 A and Energy-
Related Equipment 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(6), 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:
(a) a charge equivalent to an internal tax imposed consistently with the provisions of paragraph 2 of article III of GATT 1994 in respect of the like domestic product or in respect of an article from which the
Imported product has been manufactured or produced in whole or in part;
(b) any anti-dumping or countervailing duty applied consistently with the provisions of article VI of GATT 1994;
(c) fees or other charges commensurate with the cost of services rendered.
(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 or in respect of Energy-Related Equipment, 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 Protocol.
(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 Protocol, 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) (a) The specific duties and charges included in the Tariff Record relating
To the Contracting Parties members of the International Monetary Fund, and margins of preference in specific duties and charges maintained by such Contracting Parties, are expressed in the appropriate currency at the par value accepted or provisionally recognized by the Fund at the date of the standstill referred to in Article 29(6), first sentence, or under Article 29(7). Accordingly, in case this par value is reduced consistently with the Articles of Agreement of the International Monetary Fund by more than twenty per centum, such specific duties and charges and margins of preference may be adjusted to take account of such reduction;
Provided that the Conference concurs that such adjustments will not impair the value of the standstill obligation provided for in Article 29(6) or (7) or elsewhere in this Protocol, due account being taken of all factors which may influence the need for, or urgency of, such adjustments.
(b) Similar provisions shall apply to any Contracting Party not a member of the Fund, as from the date on which such Contracting Party becomes a member of the Fund or enters into a special exchange agreement in pursuance of Article XV of GATT 1994.
(vii) Each Contracting Party shall notify the ECOWAS Executive 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). 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 (6) , apply with the following modifications:
(i) In order to ensure transparency of the legal rights and obligations
Deriving from paragraph 1(b) of article II of GATT 1994, the nature and level of any other duties or charges levied on any Energy Materials and Products listed in Annex A or Energy-Related Equipment with respect to their importation or exportation, as referred to in that provision, shall be recorded in the Tariff Record at the levels applying at the date of the standstill referred to in Article 29(6), first sentence, or under Article 29(7) respectively, against the tariff item to which they apply. It is understood that such recording does not change the legal character of other duties or charges.