WT/PCTF/W/28  
 
24 November 2014  
(14-6830)  Page: 1/2  
Preparatory Committee on Trade Facilitation    
 
 PROTOCOL AMENDING THE MARRAKESH AGREEMENT ESTABLISHING  
THE WORLD TRADE ORGANIZATION 
DRAFT DECISION 
The General Council; 
  Having regard to paragraph 1 of Article X of the Marrakesh Agreement Establishing the 
World Trade Organization ("the WTO Agreement"); 
  Conducting the functions of the Ministerial Conferen ce in the interval between meetings 
pursuant to paragraph 2 of Article IV of the WTO Agreement; 
 
Recalling the General Council Decision to commence negotiations on the basis of the 
modalities set out in Annex D to that decision, adopted on 1 August 2004, as well as the Ministerial 
Decision of 7 December 2013 to draw up a Protocol of Amendment to insert the Agreement on 
Trade Facilitation into Annex 1A of the WTO Agreement (the “Protocol”); 
 
Recalling paragraph 47 of the Doha Ministerial Declaration of 20 November 2001;  
 Recalling paragraphs 2 and 3 of the Doha Ministerial Declaration, Annex D of the General 
Council Decision of August 2004 and Article 13.2 of the Agreement on Trade Facilitation on the 
importance of the provision of assistance and support for capacity building to help developing and 
least-developed countries to implement the provisions of the Agreement on Trade Facilitation;  
Welcoming the Director General's announcement setting up, within the existing WTO 
structures, a Trade Facilitation Agreement Facility  to manage support that Members volunteer to 
provide to the WTO in furtherance of supplementary  assistance to implement the provisions of the 
Trade Facilitation Agreement and to facilitate coherence of assistance with the Annex D plus 
agencies;   
Having considered the Agreement submitted by  the Preparatory Committee on Trade 
Facilitation (WT/L/931); 
  Noting  the consensus to submit this proposed amendment to the Members for acceptance; 
 
 Decides  as follows: 
 
1. The Protocol amending the WTO Agreement  attached to this Decision is hereby adopted and 
submitted to the Members for acceptance. 
 
2. The Protocol shall hereby be open for acceptance by Members.   
 
3. The Protocol shall enter into force in accordance with the provisions of paragraph 3 of Article X of the WTO Agreement.  
 
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 WT/PCTF/W/28 
 
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  DRAFT PROTOCOL AMENDING THE MARRAKESH AGREEMENT ESTABLISHING 
THE WORLD TRADE ORGANIZATION 
 
Members of the World Trade Organization; 
 
Referring to the Agreement on Trade Facilitation ; 
 
Having regard to the Decision of the General Council in document WT/L/x, adopted pursuant 
to paragraph 1 of Article X of the Marrakesh Agreement Establishing the World Trade Organization ("the WTO Agreement");   
 
Hereby agree as follows : 
 1. Annex 1A to the WTO Agreement shall, upon entry into force of this Protocol pursuant to 
paragraph 4, be amended by the insertion of the Ag reement on Trade Facilitation, as set out in the 
Annex to this Protocol, to be placed after the Agreement on Safeguards.  
2. Reservations may not be entered in respect of an y of the provisions of this Protocol without 
the consent of the other Members.  3. This Protocol is hereby open  for acceptance by Members.   
 
4. This Protocol shall enter into force in accordance with paragraph 3 of Article X of the WTO Agreement.
1 
 
5. This Protocol shall be deposited with the Di rector-General of the World Trade Organization 
who shall promptly furnish to each Member a cert ified copy thereof and a notification of each 
acceptance thereof pursuant to paragraph 3. 
 6. This Protocol shall be registered in accord ance with the provisions of Article 102 of the 
Charter of the United Nations. 
 
Done at Geneva this xx day of two thousand and fourteen, in a single copy in the English, French 
and Spanish languages, each text being authentic. 
 
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1 For the purposes of calculation of acceptances under  Article X.3 of the WTO Agreement, an instrument 
of acceptance by the European Union for itself and in  respect of its Member States shall be counted as 
acceptance by a number of Members equal to the number  of Member States of the European Union which are 
Members to the WTO.