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1994-01-11
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DECISION ON NOTIFICATION PROCEDURES
Ministers recommend approval by the Ministerial Conference of the
improvement and review of notification procedures as set out below.
Members,
Desiring to improve the operation of notification procedures under the
MTO, and thereby to contribute to the transparency of Members' trade
policies and to the effectiveness of surveillance arrangements established
to that end,
Recalling obligations under the MTO to publish and notify, including
obligations assumed under the terms of specific Protocols of Accession,
waivers, and other agreements entered into by Members,
Agree as follows:
I. General obligation to notify
Members affirm their commitment to obligations under the Multilateral
Trade Agreements and, where applicable, the Plurilateral Trade Agreements,
regarding publication and notification.
Members recall their undertakings set out in the Understanding
Regarding Notification, Consultation, Dispute Settlement and Surveillance
adopted by the CONTRACTING PARTIES to the GATT 1947 on 28 November 1979.
With regard to their undertaking therein to notify, to the maximum extend
possible, their adoption of trade measures affecting the operation of the
GATT 1994, such notification itself being without prejudice to views on the
consistency of measures with or their relevance to rights and obligations
under the Multilateral Trade Agreements and, where applicable, the
Plurilateral Trade Agreements, Members agree to be guided, as appropriate,
by the annexed list of measures. Members therefore agree that the
introduction or modification of such measures is subject to the notification
requirements of the 1979 Understanding.
II. Central registry of notifications
A central registry of notifications shall be established under the
responsibility of the MTO Secretariat. While Members will continue to
follow existing notification procedures, the Secretariat shall ensure that
the registry records such elements of the information provided on the
measure by the Member as its purpose, its trade coverage, and the
requirement under which it has been notified. The registry shall
cross-reference its records of notifications by Member and obligation.
The central registry shall inform each Member annually of the regular
notification obligations to which that Member will be expected to respond in
the course of the following year.
The central registry shall draw the attention of individual Members to
regular notification requirements which remain unfulfilled.
Information in the central registry regarding individual notifications
shall be made available on request to any Member entitled to receive the
notification concerned.
III. Review of notification obligations and procedures
The Council for Trade in Goods will undertake a review of notification
obligations and procedures under the Agreements in Annex 1A. The review
will be carried out by a working group, membership in which will be open to
all Members. The group will be established immediately after the entry into
force of the Agreement Establishing the MTO.
The terms of reference of the working group will be:
- to undertake a thorough review of all existing notification
obligations of Members established under the Agreements in Annex
1A, with a view to simplifying, standardizing and consolidating
these obligations to the greatest extent practicable, as well as
to improving compliance with these obligations, bearing in mind
the overall objective of improving the transparency of the trade
policies of Members and the effectiveness of surveillance
arrangements established to this end, and also bearing in mind
the possible need of some developing Members for assistance in
meeting their notification obligations;
- to make recommendations to the Council for Trade in Goods not
later than two years after the entry into force of the Agreement
Establishing the MTO.
ANNEX
INDICATIVE LIST[1] OF NOTIFIABLE MEASURES
Tariffs (including range and scope of bindings, GSP provisions, rates
applied to members of free-trade areas/customs unions, other preferences)
Tariff quotas and surcharges
Quantitative restrictions, including voluntary export restraints and orderly
marketing arrangements affecting imports
Other non-tariff measures such as licensing and mixing requirements;
variable levies
Customs valuation
Rules of origin
Government Procurement
Technical barriers
Safeguard actions
Anti-dumping actions
Countervailing actions
Export taxes
Export subsidies, tax exemptions and concessionary export financing
Free-trade zones, including in-bond manufacturing
Export restrictions, including voluntary export restraints and orderly
marketing arrangements
Other government assistance, including subsidies, tax exemptions
Rôle of State-trading enterprises
Foreign exchange controls related to imports and exports
Government-mandated countertrade
Any other measure covered by the Multilateral Trade Agreements in Annex 1A
to the Agreement Establishing the MTO
1. This list does not alter existing notification requirements in the
Multilateral Trade Agreements in Annex 1A to the Agreement Establishing the
MTO.