G/C/W/728  
 
21 September 2016  
(16-5004) 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 Agreem ent");  
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 cer tain 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 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, and 30 November  201517 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 6 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 t he present Decision, have requested 
an extension of their respective waivers;  
Considering  that the se 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 cha nges" 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 S ystem" 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.  G/C/W/728  
 
- 2 - 
 
  Conside ring 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 cove red by this waiver;  
Considering  that the General Council, by its decision of 15 February 200518, 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 susp end 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 2017; and  
b)  for any other Member not listed in the Annex, that has approved its draft HS02 file 
and whose draft HS0 2 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 implementation of the HS2002 changes for that Member 
until 31 December  2017;  
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 followi ng 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 negotia tions and/or consultations mentioned above shall, to the extent 
possible, be completed by 31 December 2017; 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 adequate compensation is not offered by the 
Member concerned.  
                                                
18 WT/L/605, paragra ph 17.  G/C/W/728  
 
- 3 - 
 
  ANNEX  
Members which have requested to be covered by the waiver granted under this Decision  
1.  Argentina  
2.  China  
3.  European  Union  
__________