WT/GC/W/840  
 
17 December  2021 
(21-9447) Page: 1/5 
General Council    
 
WAIVERS – 2021 
NOTE BY THE SECRETARIAT1 
The attached table has been prepared for the information of delegations. It contains a list of waivers 
grante d by the General Council in 20 21, as well as waivers previously gr anted and still in force in 
2021. It should be noted that some of these waivers expired during the course of the year.  
 
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1 This document has been prepared under the Secretariat's own responsibility and is without prejudice 
to the positions of Members or to their rights and obligations under the WTO.   
  WT/GC/W/840  
 
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WAIVER  
  
DECISION  DATE of 
ADOPTION of 
DECISION   
GRANTED  
UNTIL   
REPORT in 
20212 
Granted in 20 21 
European Union – Application of Autonomous Preferential Treatment to 
the Western Balkans  WT/L/1114  28 July 2021  31 December  2026 - 
Introduction of Harmonized System 2002 Changes into WTO Schedules of 
Tariff Concessions3 WT/L/1 124 23 November 2021  31 December 2022  - 
Introduction of Harmonized System 2007 Changes into WTO Schedules of 
Tariff Concessions4 WT/L/1 125 23 November 2021  31 December 2022  - 
Introduction of Harmonized System 2012 Changes into WTO Schedules of 
Tariff Concessions5 WT/L/1 126 23 November 2021  31 December 2022  - 
Introd uction of Harmonized System 2017  Changes into WTO Schedules of 
Tariff Concessions6 WT/L/1 127 23 November 2021  31 December 2022  - 
Cuba – Article XV:6  WT/L/1128  23 November 2021  31 December 2026  - 
  
 
2 Applicable if so stipulated in the corresponding waiver Decision.  
3 The Member which has requested to be covered under this waiver is: China.  
4 The Members which have requested to be covered under this waiver are: Argentina; Brazil; China;  Dominican Republic ; European Union; Malaysia; Philippines; and, 
Thailand . 
5 The Members which have requested to be covered under this waiver are:  Argentina; Australia; Br azil; China; Colombia; Costa Rica; Dominican Republic; Ecuador; 
European Union; Guatemala; India; Kazakhstan; Republic of  Korea ; Malaysia; Mexico; New Zealand; Philippines; Russian Federation ; Singapore; Switzerland; Thailand; and,  
United States.  
6 The Members which have requested to be covered under this waiver are:  Argentina; Australia; Brazil; Canada; China; Colombia ; Costa Rica; Dominican Republic;  Ecuador; 
El Salvador; Europ ean Union; Guatemala; Hong K ong, China; India; Israel; Kazakhstan; Republic of  Korea ; Macao, China; Montenegro;  New Zealand; Norway; Pakistan; Paraguay; 
Philippines; Russian Federation; Switzerland; Separate Customs Territory of Taiwan, Pe nghu, Kinmen and Matsu; Thailand; United States; and,  Uruguay.   
  WT/GC/W/840  
 
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WAIVER  
  
DECISION  DATE of 
ADOPTION of 
DECISION   
GRANTED  
UNTIL   
REPORT in 
20217 
Previ ously granted – in force in 20 21 
Introduction of Harmonized System 2002 Changes into WTO 
Schedules of Tariff Concessions8 WT/L/1 104 18 December 
2020 31 December 2021  - 
Introduction of Harmonized System 2007 Changes into WTO 
Schedules of Tariff Concessions9 WT/L/1 105 18 December 
2020 31 December 2021  - 
Introduction of Harmonized System 2012 Changes into WTO 
Schedules of Tariff Concessions10 WT/L/1 106 18 December 
2020 31 December 2021  - 
Introd uction of Harmonized System 2017  Changes into WTO 
Schedules of Tariff Concessions11 WT/L/1 107 18 December 
2020 31 December 2021  - 
Preferential Tariff Treatment for Least -Developed Countries  WT/L/ 1069 16 October  2019 30 June 2029 - 
United States – Caribbean Basin Economic Recovery A ct WT/L/1070  16 October 2019  30 September 
2025 WT/L/ 1115 
Kimberly Process Certification Scheme for Rough Diamonds12  WT/L/1039  26 July 2018  31 December 2024  - 
United States – Former Trust Territory of the Pacific Islands  WT/L/1000  7 December 2016  31 December 2026  WT/L/ 1118 
 
7 Applicable if so stipulated in the co rresponding waiver Decision.  
8 The Member which has requested to be covered under this waiver is: China.  
9 The Members which have requested to be covered under this waiver are: Argentina; Brazil; China;  Dominican Republic ; European Union; Malaysia; Philipp ines; and, 
Thailand . 
10 The Members which have requested to be covered under this waiver are:  Argentina; Australia; Br azil; China; Colombia; Costa Rica;  Dominican Republic; Ecuador; 
European Union; Guatemala; India; Kazakhstan; Republic of  Korea ; Malaysia; Mexico; New Zealand; Norway; Philippines; Russian Federation ; Singapore; Switzerland; Thailand; 
and, United States.  
11 The Members which have requested to be covered under this waiver are:  Argentina; Australia; Brazil; Canada; China; Colombia ; Costa Rica; D ominican Republic;  
Ecuador; El Salvador; Europ ean Union; Guatemala; Honduras; Hong K ong, China; India; Israel; Kazakhstan; Republic of  Korea ; Macao, China; Montenegro;  New Zealand; Norway; 
Pakistan; Paraguay; Philippines; Russian Federation; Switzerland; Separate Customs Territory of Taiwan, Pe nghu, Kinmen and Matsu; Thailand; United States; and,  Uruguay.  
12 Annex: Australia; Botswana ; Brazil; Cambodia; Canada; European Union; Guyana; India; Japan; Kazakhstan; Republic of Korea; Malaysia; Mauritius; Montenegro; 
Namibia; Norway; Panama; Russian Federation; Sierra Leone; Singapore; South Afri ca; Sri Lanka; Switzerland; Thailand; Separate Customs Territory of Taiwan, Penghu, Kinmen 
and Matsu; Turkey; Ukraine; and , United States.   
  WT/GC/W/840  
 
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WAIVER  
  
DECISION  DATE of 
ADOPTION of 
DECISION   
GRANTED  
UNTIL   
REPORT in 
20217 
Previ ously granted – in force in 20 21 
United States – Trade Preferences granted to Nepal  WT/L/1001  7 December 2016  31 December 2025  WT/L/ 1119 
European Union – Application of Autonomous Preferential Treatment 
to the Western Balkans  WT/L/1002  7 December 2016  31 December 2021  WT/L/11 16 
Cuba – Article XV:6  WT/L/1003  7 December 2016  31 December 2021  - 
Implementation of Preferential Treatment in favour of Services and 
Service Suppliers of LDCs and Increasing LDC Participation in Services 
Trade13 WT/L/982  
WT/MIN(15)/48  19 December 
2015  31 December 
203014 - 
United States – African Growth and Opportunity A ct WT/L/970  30 November 
2015 30 September 
2025 WT/L/ 1117 
Least -Developed Country Members – Obligations under Article 70.8 
and Article 70.9 of the TRIPS Agreement with respect to 
Pharmaceutical Products  WT/L/971  30 November 
2015 1 January  2033 - 
Canada - CARIBCAN  WT/L/958  28 July 2015  31 December  2023 WT/L/1 112 
Operationalization of the Waiver concerning Preferential Treatment to 
Services and Service Suppliers of Least -Developed Countries15 WT/MIN(13)/43  
WT/L/918  7 December 2013  - - 
 
13 This Ministe rial Decision was adopted in furtherance of the waiver on Preferential Treatment to Services a nd Service Suppliers of Least -Developed Countries  adopted in 
2011 (WT/L/847) and of the subsequent Decision on the Operationalization of the Waiver concerning Pre ferential Treatment to Services and Service Suppliers of Least -developed 
countries adopted in 2013 (WT/MIN(13)/43 - WT/L/918)  – see also below.  
14 At the Nairobi Ministerial Conference, Ministers decided to extend the  2011 waiver on Preferential Treatment to Services a nd Service Suppliers of Least -Developed 
Countries  (WT/L/847 ). See also below.  
15 This Ministerial Decision was adopted in furtherance of the waiver on Preferential Treatment to Services a nd Service Suppliers of Least -Developed Countri es adopted in 
2011 (WT/L/847). It does not represent a new waiver. See also page 5  and the decision in WT/L/847, below .  
  WT/GC/W/840  
 
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WAIVER  
  
DECISION  DATE of 
ADOPTION of 
DECISION   
GRANTED  
UNTIL   
REPORT in 
20217 
Previ ously granted – in force in 20 21 
Preferential Treatment to Services  and Service Suppliers of Least -
developed countries16 WT/L/847  17 December 
2011 15 years from the 
date of its 
adoption17 - 
Implementation of Para. 6 of the Doha Declaration on the TRIPS 
Agreement and Public Health18 WT/L/540 and 
WT/L/540/ Corr.1  30 August 2003  See WT/L/540 and 
WT/L/540/ Corr.1  IP/C/90 
 
 
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16 Two decisions were subsequently adopted by the Ministerial Conference in furtherance of this waiver: in 2013 (WT/MIN(13)/43 – WT/L/918 ) and in 2015 (WT/MIN(15)/48 
– WT/L/982). See also above and the decision in WT/MIN(13)/43 – WT/L/918.  
17 At the Nairobi Ministerial Conference, Ministers decided to extend the waiver until 31 December 2030  (WT/MIN(15)/48 – WT/L/982) - see also above.  
18 Pursuant to the General Council Decision of 30 August 2003 (WT/L/540 and Corr.1), a Protocol Amending the TRIPS Agreement was ad opted by the General Council on 
6 December 2005 (WT/L/641) and submitted to Members for acceptance. In accordance with Article X:3 of the WTO Agreement, the Protocol e ntered into force on 
23 January  2017. Since then, the amended TRIPS Agreement applies to those Members who have accepted it. For each other Member, the Proto col will take effect upon acceptance 
by it. In the meantime, th e 2003 Decision continues to apply to those Members. For the purposes of the 2003 Decision, the Annual Review of the Special Compulsory Licensing 
System is deemed to fulfil the review requirements of Article IX:4 of the WTO Agreement.