G/C/W/682  
 
23 September 2013  
(13-5069)  Page: 1/3  
Council for Trade in Goods    
 
  INTRODUCTION OF HARMONIZED SYSTEM 2002   CHANGES INTO 
WTO SCHEDULES OF TARIFF CONCESSIONS 
 
DRAFT WAIVER DECISION 
The General Council, 
 
Having regard  to Articles IV:2 and IX:3 of the Marrakesh Agreement establishing the World Trade 
Organization (the "WTO Agreement");  Considering that the General Council, by its Decisions of 13 May 2002
1 and 8 July 20022, acting 
p u r s u a n t  t o  t h e  p r o v i s i o n s  o f  A r t i c l e s  I V : 2  and IX:3 of the WTO Agreement, suspended the 
application of the provisions of Article II of GATT 1994 for certain Members for periods up to one year for each respective Member to the extent necessary to implement domestically the "HS2002 
changes"
3 pending incorporation of such changes into their Schedules of Concessions, subject to 
certain conditions;  
Considering that the General Council, by its Decisions of 12 December 2002
4, 11 February 20045, 
13 December 20046, 1 December 20057, 15 December 20068, 18 December  20079, 
18 December 200810,  17 December 200911, 14 December 201012 , 30 November 201113 and 
11 December 201214 a c t i n g  p u r s u a n t  t o  t h e  p r o v i s i o n s  o f  A r t i c l e s  I V : 2  a n d  I X : 3  o f  t h e  W T O  
Agreement, suspended the application of the provisions of Article II of GATT 1994 for further periods 
until 31 December 2013 for certain  Members, to the extent necessary to implement domestically the 
HS2002 changes pending incorporation of such changes into their Schedules of Concessions, subject 
to certain conditions; 
 Noting  that the same Members, who are listed in the Annex to the present Decision, have requested 
an extension of their respective waivers; 
 Considering  that these  Members listed in the Annex to the present Decision would need more time to 
proceed with consultations and/or possible Article XXVIII negotiations; 
 
                                               
1 WT/L/469 in respect of 23 Members. 
2 WT/L/477 in respect of Romania.  
3 "HS2002 changes" are defined as the amendments to the Harmonized Commodity Description and 
Coding System recommended by th e Council of the World Customs Organization in its Recommendation 
adopted on 25 June 1999 which came into force on 1 January 2002.  "Harmonized System" refers to Harmonized Commodity Descrip tion and Coding System. 
4 WT/L/511. 
5 WT/L/562. 
6 WT/L/598. 
7 WT/L/638. 
8 WT/L/674. 
9 WT/L/712. 
10 WT/L/744. 
11 WT/L/786. 
12 WT/L/808. 
13 WT/L/832. 
14 WT/L/873. G/C/W/682 
 
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  Considering that other Members not listed in the Annex to this Decision may already have 
implemented domestically the HS2002 changes, or may intend to do so, pending incorporation of such changes into their Schedules of Concessions, and may also desire to be covered by this waiver;  
Considering  that the General Council, by its decision of 15 February 2005
15, set forth a procedure by 
which those Members not currently covered by this waiver could be included;   
Decides, in view of the exceptional circumstances, to suspend the application of the provisions of 
Article II of GATT 1994:  
a)  for those Members listed in the Annex for a further year until 31 December 2014;  and 
 
b)  for any other Member not listed in the Anne x, that has approved its draft HS02 file 
and whose draft HS02 file has been released for multilateral review and that notifies 
the Committee on Market Access of its wish to be included in the waiver decision, for 
the period from the date of implementati on of the HS2002 changes for that Member 
until 31 December 2014;  
 
to the extent necessary for the purpose of enabling such Members to implement domestically the recommended amendments to the Harmonized System nomenclature pending incorporation of such changes into their Schedules of Concessions, subject to the following conditions: 
 
(i) Members covered by paragraphs (a) and (b) of this Decision shall, where 
necessary, promptly enter into negotiations and/or consultations with interested 
Members pursuant to paragraphs 1-3 of Article XXVIII of GATT 1994;  
 
(ii) The negotiations and/or consultations mentioned above shall, to the extent 
possible, be completed by 31 December 2014; and 
 (iii) In accordance with the provisions of Article XXVIII:3 of GATT 1994, applied 
mutatis mutandis to the present waiver, pending the entry into force of the results 
of the negotiations and/or consultations mentioned above, the other Members will 
be free to suspend concessions initially negotiated with the Member concerned to the extent that they consider that adeq uate compensation is not offered by the 
Member concerned. 
                                               
15 WT/L/605, paragraph 17. G/C/W/682 
 
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  ANNEX 
 
Members which have requested to be covered by the waiver granted under this Decision 
 
1.  Argentina 
2.  China 3.  European Union 
4.  Iceland 
5.  Malaysia 
 
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