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GATT2_1D.TXT
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1994-01-11
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UNDERSTANDING ON THE INTERPRETATION OF ARTICLE XXIV OF THE
GENERAL AGREEMENT ON TARIFFS AND TRADE 1994
Members,
Having regard to the provisions of Article XXIV of the GATT 1994;
Recognizing that customs unions and free trade areas have greatly
increased in number and importance since the establishment of the GATT 1947
and today cover a significant proportion of world trade;
Recognizing the contribution to the expansion of world trade that may
be made by closer integration between the economies of the parties to such
agreements;
Recognizing also that such contribution is increased if the
elimination between the constituent territories of duties and other
restrictive regulations of commerce extends to all trade, and diminished if
any major sector of trade is excluded;
Reaffirming that the purpose of such agreements should be to
facilitate trade between the constituent territories and not to raise
barriers to the trade of other Members with such territories; and that in
their formation or enlargement the parties to them should to the greatest
possible extent avoid creating adverse effects on the trade of other
Members;
Convinced also of the need to reinforce the effectiveness of the role
of the Council for Trade in Goods in reviewing agreements notified under
Article XXIV, by clarifying the criteria and procedures for the assessment
of new or enlarged agreements, and improving the transparency of all Article
XXIV agreements;
Recognizing the need for a common understanding of the obligations of
Members under Article XXIV:12;
Hereby agree as follows:
1. Customs unions, free trade areas, and interim agreements leading to
the formation of a customs union or free trade area, to be consistent with
Article XXIV, must satisfy the provisions of its paragraphs 5, 6, 7 and 8
inter alia.
Article XXIV:5
2. The evaluation under Article XXIV:5(a) of the general incidence of the
duties and other regulations of commerce applicable before and after the
formation of a customs union shall in respect of duties and charges be based
upon an overall assessment of weighted average tariff rates and of customs
duties collected. This assessment shall be based on import statistics for a
previous representative period to be supplied by the customs union, on a
tariff line basis and in values and quantities, broken down by MTO country
of origin. The MTO Secretariat shall compute the weighted average tariff
rates and customs duties collected in accordance with the methodology used
in the assessment of tariff offers in the Uruguay Round. For this purpose,
the duties and charges to be taken into consideration shall be the applied
rates of duty. It is recognised that for the purpose of the overall
assessment of the incidence of other regulations of commerce for which
quantification and aggregation are difficult, the examination of individual
measures, regulations, products covered and trade flows affected may be
required.
3. The "reasonable length of time" referred to in Article XXIV:5(c)
should exceed ten years only in exceptional cases. In cases where Members
believe that ten years would be insufficient they shall provide a full
explanation to the Council for Trade in Goods of the need for a longer
period.
Article XXIV:6
4. Paragraph 6 of Article XXIV establishes the procedure to be followed
when a Member forming a customs union proposes to increase a bound rate of
duty. In this regard it is reaffirmed that the procedure set forth in
Article XXVIII, as elaborated in the guidelines adopted by the GATT 1947
CONTRACTING PARTIES on 10 November 1980 (27S/26) and in the Understanding on
the Interpretation of Article XXVIII of the General Agreement on Tariffs and
Trade 1994, must be commenced before tariff concessions are modified or
withdrawn upon the formation of a customs union or an interim agreement
leading to the formation of a customs union.
5. It is agreed that these negotiations will be entered into in good
faith with a view to achieving mutually satisfactory compensatory
adjustment. In such negotiations, as required by Article XXIV:6, due
account shall be taken of reductions of duties on the same tariff line made
by other constituents of the customs union upon its formation. Should such
reductions not be sufficient to provide the necessary compensatory
adjustment, the customs union would offer compensation, which may take the
form of reductions of duties on other tariff lines. Such an offer shall be
taken into consideration by the Members having negotiating rights in the
binding being modified or withdrawn. Should the compensatory adjustment
remain unacceptable, negotiations should be continued. Where, despite such
efforts, agreement in negotiations on compensatory adjustment under Article
XXVIII as elaborated by the Understanding on the Interpretation of Article
XXVIII of the General Agreement on Tariffs and Trade 1994 cannot be reached
within a reasonable period from the initiation of negotiations, the customs
union shall, nevertheless, be free to modify or withdraw the concessions;
affected Members shall then be free to withdraw substantially equivalent
concessions in accordance with Article XXVIII.
6. The GATT 1994 imposes no obligation on Members benefiting from a
reduction of duties consequent upon the formation of a customs union, or an
interim agreement leading to the formation of a customs union, to provide
compensatory adjustment to its constituents.
Review of Customs Unions and Free Trade Areas
7. All notifications made under Article XXIV:7(a) shall be examined by a
working party in the light of the relevant provisions of the GATT 1994 and
of paragraph 1 of this Understanding. The working party shall submit a
report to the Council for Trade in Goods on its findings in this regard. The
Council for Trade in Goods may make such recommendations to Members as it
deems appropriate.
8. In regard to interim agreements, the working party may in its report
make appropriate recommendations on the proposed timeframe and on measures
required to complete the formation of the customs union or free trade area.
It may if necessary provide for further review of the agreement.
9. Substantial changes in the plan and schedule included in an interim
agreement shall be notified, and shall be examined by the Council for Trade
in Goods if so requested.
10. Should an interim agreement notified under Article XXIV:7(a) not
include a plan and schedule, contrary to Article XXIV:5(c), the working
party shall in its report recommend such a plan and schedule. The parties
shall not maintain or put into force, as the case may be, such agreement if
they are not prepared to modify it in accordance with these recommendations.
Provision shall be made for subsequent review of the implementation of the
recommendations.
11. Customs unions and constituents of free trade areas shall report
periodically to the Council for Trade in Goods, as envisaged by the GATT
1947 CONTRACTING PARTIES in their instruction to the GATT 1947 Council
concerning reports on regional agreements (BISD 18S/38), on the operation of
the relevant agreement. Any significant changes and/or developments in the
agreements should be reported as they occur.
Dispute Settlement
12. The provisions of Articles XXII and XXIII of the GATT 1994 as
elaborated and applied by the Understanding on Rules and Procedures
Governing the Settlement of Disputes may be invoked with respect to any
matters arising from the application of those provisions of Article XXIV
relating to customs unions, free trade areas or interim agreements leading
to the formation of a customs union or free trade area.
Article XXIV:12
13. Each Member is fully responsible under the GATT 1994 for the
observance of all provisions of the GATT 1994, and shall take such
reasonable measures as may be available to it to ensure such observance by
regional and local governments and authorities within its territory.
14. The provisions of Articles XXII and XXIII of the GATT 1994 as
elaborated and applied by the Understanding on Rules and Procedures
Governing the Settlement of Disputes may be invoked in respect of measures
affecting its observance taken by regional or local governments or
authorities within the territory of a Member. When the Dispute Settlement
Body has ruled that a provision of the GATT 1994 has not been observed, the
responsible Member shall take such reasonable measures as may be available
to it to ensure its observance. The provisions relating to compensation and
suspension of concessions or other obligations apply in cases where it has
not been possible to secure such observance.
15. Each Member undertakes to accord sympathetic consideration to and
afford adequate opportunity for consultation regarding any representations
made by another Member concerning measures affecting the operation of the
GATT 1994 taken within the territory of the former.