WT/L/1002  
 
12 December 2016  
(16-6770) Page: 1/2 
General Council    
 
EUROPEAN UNION REQUE ST FOR AN EXTENSION OF THE WAIVER  
FOR THE APPLICATION OF AUTONOMOUS PREFER ENTIAL  
TREATMENT TO THE WES TERN BALKANS  
DECISION OF 7 DECEMBER  20161 
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 on Tariffs and 
Trade  1994 (the "GATT  1994");  
 
 Taking into account  the De cision 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 31  December  2006, the Decision of the General 
Council of 28  July 20063, extending this waiver until 31  December  2011 and the Decision of the 
General Council of 5  December  20114, extending this waiver until 31  December  2016;  
 
Noting  that the existing waiver is due to expire on 31  December  2016;  
 
Taking note  of the r equest 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 European Un ion 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 economic situati on 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 intended 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 extension 
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  2021 to the extent 
necessary to permit the European Union to afford preferential treatment to eligible products 
originating in the Western Balkans (Albania, Bosnia and Herzegovina, the former Yugoslav 
Republic of Macedonia, Kosovo5, Mont enegro and Serbia) without being required to extend the 
same preferential treatment to like products of any other WTO  Member.  
                                                
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 Under United Nations Security Council Resolution  1244/99.  WT/L/1002  
 
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2. Such preferential treatment shall not raise new barriers for the trade of other Members.  
 
3. The European Union shall consult promptly with any 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 ben efits 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 lis ted in paragraph  1, including the extent to which such 
preferences is different from the European Union's MFN and GSP  concessions, with a view to 
facilitating the annual review provided for in paragraph  4 of Article  IX of the WTO  Agreement.  
 
 
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