WT/L/1114  
 
29 July 2021  
(21-5939) Page: 1/2 
    
 
 
EUROPEAN UNION REQUEST FOR AN EXTENSION OF THE WAIVER  
FOR THE APPLICATION OF AUTONOMOUS PREFERENTIAL  
TREATMENT TO THE WESTERN BALKANS  
Decision of 28 July  20211 
The General Council,  
 
Having regard  to paragraphs  1 and 3 of Article  IX of the WTO  Agreement, the Guiding 
Principles to be followed in considering applications for waivers adopted on 1  November  1956, and 
the Understanding in respect of Obligations under the General Agreement of Tariffs and Trade  1994 
(the "GATT  1994");  
 
 Taking into account  the Decision of the General Council of 8  December  20002 by which 
WTO Members granted the European Communities a waiver of obligations under paragraph  1 
Article  I of the GATT  1994 for the period through 3 1 December  2006, the Decision of the General 
Council of 28  July 20063, extending this waiver until 31  December  2011, the Decision of the General 
Council of 5  December  20114, extending this waiver until 31  December  2016, and the Decision of 
the General Co uncil of 7  December  20165, extending this waiver until 31  December  2021;  
 
Noting  that the existing waiver is due to expire on 31  December  2021;  
 
Taking note  of the request of the European Union, pursuant to paragraph  3 of Article  IX of the 
WTO Agreement, for an extension of the waiver from its obligations under paragraph  1 of Article  I 
and Article  XIII of the GATT  1994 to the extent necessary to permit the Eu ropean Union to afford 
preferential treatment to eligible products originating in the Western Balkans, without being required 
to extend the same preferential treatment to like products of any other WTO  Member;  
 
 Considering  the persistent difficult economi c situation in the region and the efforts being made 
by WTO  Members to foster economic transition and development in the Western Balkans;  
 
 Considering  that the preferential treatment to eligible products the European Union affords to 
these countries is in tended to promote economic development in a manner consistent with the 
objectives of the GATT  1994 and not to create barriers for the trade of other WTO  Members;  
 
 Noting  that, in light of the foregoing, the exceptional circumstances justifying the extensi on 
of the waiver from paragraph  1 of Article  I and from Article  XIII of the GATT  1994 exist;  
 
Decides  as follows:  
 
1. Subject to the conditions set out in this Decision, the provisions of paragraph  1 of Article  I 
and of Article  XIII of the GATT  1994 shall be waived until 31  December  2026 to the extent necessary 
to permit the European Union to afford preferential treatment to eligible products originating in the 
 
1 Adopted in accordance with the Procedures on WTO  Decision -Making under Articles  IX and XII of the 
WTO Agreement agreed by the General Council (WT/L/93).  
2 WT/L/380.  
3 WT/L/654.  
4 WT/L/836.  
5 WT/L/1002.  WT/L/1114  
 
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  Western Balkans (Albania, Bosnia and Herzegovina, North Macedonia, Kosovo *, Montenegro and 
Serbia) without being required to extend the same preferential treatment to like products of any 
other WTO  Member.  
 
2. Such preferential treatment shall not raise new barriers for the trade of other Members.  
 
3. The European Union shall consult promptly with an y Member on the operation of its 
preferential or duty -free concessions in respect of the beneficiaries listed in paragraph  1 of this 
Decision, or on any other matter arising in respect of this Decision. Where a Member considers that 
its benefits under the GATT  1994 are or may be impaired unduly as a result of measures put in place 
by the European Union and covered by this Decision, the European Union shall examine the 
possibility of a satisfactory adjustment of the matter.  
 
4. This Decision does not affect Members' rights as set out in the Understanding in respect of 
Waivers of Obligations under the GATT  1994.  
 
5. The European Union shall report annually to the General Council on the preferences afforded 
to products from the beneficiaries listed in paragraph  1, including the extent to which such 
preferences are different from the European Union's Most Favoured Nation and Generalized System 
of Preferences concessions, with a view to facilitating the annual review provided for in paragraph  4 
of Article  IX of th e WTO  Agreement.  
 
__________  
 
 
* This designation is without prejudice to positions on status, and is in line with UNSCR  1244/1999 and 
the International Court of Justice Opinion on the Kosovo declaration.