RESTRICTEDWORLD TRADE
ORGANIZATIONG/C/W/187/Add.2
14 April 2000
(00-1376)
Council for Trade in Goods Original:  English
EUROPEAN COMMUNITIES - THE ACP-EC PARTNERSHIP AGREEMENT
Addendum
The following communication, dated 13 April 2000, containing a Draft Decision for a waiver,
has been received from the Permanent Delegation of the European Commission.
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Draft Decision of [date of decision]
The General Council,
HAVING REGARD TO paragraphs 1 and 3 of Article IX of the Marrakech Agreement
Establishing the World Trade Organisation (the "W TO Agreement"), the Guiding Principles to be
followed in considering applications for waiv ers adopted on 1 November 1956 (BISD 5S/25), the
Understanding in Respect to Waivers of Obligations under the General Agreement on Tariffs and
Trade 1994, paragraph 3 of Article IX of the WTO Agreement, and Decision-Making Procedures
under Articles IX and XII of the WTO Agreement agreed by the General Council (WT/L/93);
CONDUCTING  the function of the Ministerial Conference in the interval between meetings
pursuant to paragraph 2 of Article IV of the WTO Agreement;
TAKING NOTE  of the request of the European Communities (EC) and of the Governments
of the ACP States which are also WTO members (hereinafter also the “Parties to the Agreement”) fora waiver from the obligations of the European Communities under paragraph 1 of Article I of the
General Agreement with respect to the granting of  preferential treatment for products originating in
ACP States as required by the relevant provisions of the ACP-EC Partnership Agreement (hereinafter
also referred to as “the Agreement”)
1;
CONSIDERING that, in the field of trade, the provisions of the ACP-EC Partnership
Agreement requires preferential treatment by the EC  of exports of products originating in the ACP
States;
CONSIDERING that the Agreement is aimed at improving the standard of living and
economic development of the ACP States, including the least developed among them;
CONSIDERING also that the preferential treatment for products originating in ACP States as
required by the relevant provisions of the Agreement is designed to promote the expansion of trade
                                                     
1 As contained in the request for a waiver submitted by the Parties to the Agreement (see documents
G/C/W/187, G/C/W/187/Add. 1 and G/C/W/187/Add.3).G/C/W/187/Add.2
Page 2
and economic development of beneficiaries in a manner consistent with the objectives of the WTO
and with the trade, financial and development needs of the beneficiaries and not to raise undue
barriers or to create undue difficulties for the trade of other members;
CONSIDERING that the Agreement establishes a preparatory period extending until
31 December 2007, by the end of which new trading arrangements shall be concluded between the
Parties to the Agreement;
CONSIDERING that the trade provisions of the Agreement have been applied since
1 March 2000 on the basis of transitional measures adopted by the ACP-EC joint institutions;
NOTING the assurances given by the Parties to the Agreement that they will, upon request,
promptly enter into consultations with any interested  member with respect to any difficulty or matter
that may arise as a result of the implementation of the preferential treatment for products originating
in ACP States as required by the re levant provisions of the Agreement;
NOTING  that, in light of the foregoing, the exceptional circumstances justifying a waiver
from paragraph 1 of Article I of the General Agreement exist;
DECIDES as follows:
1. Subject to the terms and conditions set out hereunder, Article I, paragraph 1 of the General
Agreement shall be waived, until 31 December 2007, to the extent necessary to permit the
European Communities to provide preferential treatment for products originating in ACP
States as required by the relevant provisions of the ACP-EC Partnership Agreement,2 without
being required to extend the same preferential treatment to like products of any other member.
2. The Parties to the Agreement shall promptly notify the General Council  of any changes in the
preferential treatment to products originating in ACP States as required by the relevant
provisions of the Agreement covered by this waiver.
3. The Parties to the Agreement will, upon request, promptly enter into consultations with any
interested member with respect to any difficulty  or matter that may arise as a result of the
implementation of the preferential treatment for products originating in ACP States asrequired by the relevant provisions of the Agreement covered by this waiver; where a member
considers that any benefit accruing to it under the General Agreement may be or is being
impaired unduly as a result of such implementation, such consultations shall examine the
possibility of action  for a satisfactory adjustment of the matter.
4. Any member which considers that the preferential treatment for products originating in ACP
States as required by the relevant provisions of the Agreement covered by this waiver is being
applied inconsistently with this waiver or that any benefit accruing to it under the General
Agreement may be or is being impaired unduly as a result of the implementation of the
preferential treatment for products originating in ACP States as required by the relevantprovisions of the Agreement covered by this waiver and that consultations have proved
unsatisfactory, may bring the matter before the General Council , which will examine it
promptly and will formulate any recommendations that they judge appropriate.
                                                     
2 Any reference to the Partnership Agreement in this Decision shall also include the period during
which the trade provisions of this Agreement are applie d on the basis of transitional measures adopted by the
ACP-EC joint institutions.G/C/W/187/Add.2
Page 3
5. The Parties to the Agreement will submit to the General Council an annual report on the
implementation of the preferential treatment for products originating in ACP States as
required by the relevant provisions of the Agreement covered by this waiver.
6. This waiver shall not preclude the right of affected members to have recourse to
Articles XXII and XXIII of the General Agreement.
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