. /.  WORLD TRADE  
ORGANIZATION   
WT/L/836 
5 December 2011 
 (11-6322) 
  
  
 
EUROPEAN UNION REQUEST FOR AN EXTENSION OF THE WAIVER   
FOR THE APPLICATION OF AUTONOMOUS PREFERENTIAL 
TREATMENT TO THE WESTERN BALKANS 
 
Decision of 30 November 2011
1 
 
 
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 applica tions for waivers adopted on 1 November 1956, and 
the Understanding in respect of Obligations under the General Agreement of Tariffs and Trade 1994; 
  
Taking note  of the request 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 of the GATT 1994 to the extent necessary to perm it the European Union to afford duty-free or 
preferential treatment to eligible products origina ting in the Western Balkans, without being required 
to extend the same duty-free or preferential treatme nt to like products of any other WTO Member; 
  Taking into account  of the 1979 Decision of Differential and More Favourable Treatment, 
Reciprocity and Fuller Participation of Devel oping Countries and the 1994 Decision on Measures in 
favour of Least-Developed Countries; 
  Taking into account  the Decision of the General Council of 8 December 2000
2 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 and the Decision of the General 
Council of 28 July 20063, extending this waiver until 31 December 2011; 
 
 Considering  the exceptional situation in the region  and the efforts being made by WTO 
Members to provide for a broad-based economic development;   Considering  that the duty-free and preferential treatme nt to eligible products the European 
Union affords to these countries is intended to pr omote economic expansion a nd recovery in a manner 
consistent with the objectives of the GATT 1994 and not to create barriers for the trade of other WTO 
Members.  
Decides that: 
 
1. Subject to the conditions set out in this Decision,  the provisions of paragraph 1 of Article I of 
the GATT 1994 shall be waived until 31 December  2016 to the extent necessary to permit the 
                                                      
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. WT/L/836 
Page 2  
 
  European Union to afford duty-free or preferential tr eatment to eligible products originating in the 
Western Balkans (Albania, Bosnia and Herzegovi na, Croatia, the former Yugoslav Republic of 
Macedonia, Kosovo
4, Montenegro and Serbia) without being required to extend the same duty-free or 
preferential treatment to like products of any other WTO Member. 
2. Such duty-free or preferential treatment shall not  raise new barriers for the trade of other 
members. The European Union shall consult prom ptly 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 benefits under the GATT 1994 are or may be im paired unduly as a result of measures put in place 
by the European Union and covered by this D ecision, the European Union shall examine the 
possibility of a satisfactory adjustment of the matter .  This Decision does not affect members’ rights 
as set out in the Understanding in respect of Waivers of Obligations under the GATT 1994. 
3. The European Union shall report annually to  the General Council on the preferences and 
duty-free treatment afforded to products from the be neficiaries listed in paragraph 1, including the 
extent to which such preferences and duty-free treat ment is different from the European Union's MFN 
and GSP concessions, with a view to facilitating th e annual review provided for in paragraph 4 of 
Article IX of the WTO Agreement. 
 
_________ 
                                                      
4 Under United Nations Security Council Resolution 1244/99.