G/C/W/741  
 
31 August  2017 
(17-4646) Page: 1/3 
Council for Trade in Goods    
 
 
INTRODUCTION OF HARM ONIZED SYSTEM 2002 CHANGES INTO  
  
WTO SCHEDULES OF TAR IFF CONCESSIONS  
DRAFT WAIVER DECISIO N 
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 20021 and 8  July 20022, acting 
pursuant to the provisions of Articles IV :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 pendi ng incorporation of such changes into their Schedules of Concessions, subject to 
certain conditions;  
Considering that the General Council, by its Decisions of 12 December 20024, 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, 
11 December 201214, 26 November 201315 11 December 201416, 30 November  201517 and 
7 December  201618  acting pursuant to the provisions of Articles IV:2 and IX:3 of the WTO 
Agreement, suspended the application of the provisions of Article  II of GATT 1994 for further periods 
until 31  December 201 7 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;  
                                                
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 the 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 Description 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.  
15 WT/L/900.  
16 WT/L/945.  
17 WT/L/967.  
18 WT/L/996.  G/C/W/741  
 
- 2 - 
 
  Considering  that the se Members listed i n the Annex to the present Decision would need more time to 
proceed with consultations and/or possible Article XXVIII negotiations;  
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 200519, 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 furthe r year until 31  December 
2018; and  
b)  for any other Member not listed in the Annex, 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 i ncluded in the waiver 
decision, for the period from the date of implementation of the HS2002 changes for 
that Member until 31  December  2018;  
to the extent necessary for the purpose of enabling such Members to implement domestically the 
recommended amendme nts 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 2018; 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 sus pend concessions initially negotiated with the Member concerned to 
the extent that they consider that adequate compensation is not offered by the 
Member concerned.  
                                                
19 WT/L/605, paragraph 17.  G/C/W/741  
 
- 3 - 
 
  ANNEX  
Members which have requested to be covered by the waiver granted under this Decision  
1.  Argentina  
2.  China  
__________