. /.   WORLD TRADE  
ORGANIZATION  G/C/W/546 
24 March 2006 
 (06-1332) 
Council for Trade in Goods  
  
 
INTRODUCTION OF HARMONI ZED SYSTEM 1996 CHANGES  
INTO WTO SCHEDULES OF TARIFF CONCESSIONS 
 
Panama – Schedule CXLI
 
 
Draft Decision for a Waiver 
 
  The General Council,  
 Considering  that the Members of the WTO, by their Decisions of 13 December 1995, 
18 July 1996, 24 April 1997, 22 October 1997, 24 April 1998, 14 October 1998, 15 June 1999, 4 November 1999, 3 May 2000, 8 December 2000 and 8 May 2001
1, acting pursuant to the provisions 
of paragraph 3 of Article IX of the WTO Agreemen t, suspended the application of the provisions of 
Article II of the GATT 1994 until 30 April 2002, fo r the purpose of enabling the Members listed in 
the Annex, including Panama, to implement th e recommended amendments to the Harmonized 
System nomenclature; 
 
Considering  that by Decision WT/L/400 of 8 May 2001 the Members of the WTO also 
decided not to grant, on a collective basis, any furthe r extensions of waivers for the application of the 
provisions of Article II of the GATT 1994 to implement the recommended amendments to the 
Harmonized System nomenclature, but that this w ould not preclude Members from requesting waivers 
on an individual basis; 
 
 Considering that the Members of the WTO, by Decisions of 13 May 2002, 24 July 2003, 
17 May 2004 and 27 July 20052, acting pursuant to the provisions of paragraph 3 of Article IX of the 
WTO Agreement, suspended the application of th e provisions of Article II of the GATT 1994 until 
30 April 2006 to allow Panama to implement the recommended amendments to the Harmonized 
System nomenclature;  
Noting that Panama has requested a waiver extension for the reasons set out in its request
3; 
 
 Considering  that Panama will need more time to s ubmit pending information with a view to 
applying the said amendments and in order to proceed with consul tations or possible Article XXVIII 
negotiations;   Acting  pursuant to the provisions of paragra ph 3 of Article IX of the WTO Agreement; 
 
Decides , in view of the exceptional circumstanc es, to suspend the application of the 
provisions of Article II of the GATT 1994 until 30 Ap ril 2007, for the purpose of enabling Panama to 
                                                     
 
1 WT/L/124 + Corr.1, WT/L/173, WT/L/216, WT/L/243, WT/L/268, WT/L/281, WT/L/303, 
WT/L/338, WT/L/351, WT/L/379 and  WT/L/400. 
2 WT/L/458, WT/L/524, WT/L/570 and WT/L/620. 
3 G/L/768. G/C/W/546 
Page 2  
 
  implement the recommended amendments to the Ha rmonized System 1996 nomenclature, subject to 
the following conditions:  
1. Panama shall, where necessary, promptly  enter into negotiati ons and consultations 
with interested Members pursuant to paragraphs 1-3 of Article XXVIII of the GATT 
1994; 
 
2. The negotiations and consultations mentione d above shall be completed not later than 
30 April 2007; 
 
3. Pending the entry into force of the resu lts of the negotiations  or consultations 
mentioned, the other Members will be free to suspend concessions initially negotiated 
with Panama to the extent that they consid er that adequate compensation has not been 
offered for the introduction of the recommended amendments to the Harmonized System 1996 into Panama's Schedule of Concessions. 
 
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