. /.   WORLD TRADE  
ORGANIZATION  G/MA/W/104* 
3 November 2010 
 (10-5813) 
Committee on Market Access  
  
 
[DRAFT] AMENDMENT TO THE PROCEDURES LEADING TO THE  
CERTIFICATION OF HS2002 CHANGES 
 
Decision of ... 
** 
  
 The General Council , 
  Having regard to  paragraph 1 of Article IV, and pa ragraph 1 of Article IX of the 
Marrakesh Agreement Establishing the World Tr ade Organization (the "WTO Agreement"); 
 
 Conducting  the functions of the Ministerial Conference in the interval between meetings of 
the Ministerial Conference pursuant to paragraph 2 of Article IV of the WTO Agreement;   Recalling that the CONTRACTING PARTIES to GATT 1947, by their Decision of 
26 March 1980
1 (the "1980 Decision"), established procedures for the modification and rectification 
of schedules of tariff concessions; 
  Recalling  that the CONTRACTING PARTIES to GATT 1947, by their Decision of 
8 October 1991
2 (the "1991 Decision"), established simplif ied procedures to introduce changes in the 
Harmonized Commodity Description and Coding System ("HS") to schedules of concessions; 
 
 Recalling  that, at its meeting of 27 November 1998, the Committee on Market Access 
approved the Consolidated Tariff Schedules ("C TS") Database technical co-operation project3; 
  Recalling  also that the General Council, by its Decision of 15 February 2005
4 
(the "2005 Decision"), established a procedure for the introduction of HS 2002 changes to Members' 
schedules of concessions using the CTS Database and that such procedure requires the 
WTO Secretariat to prepare and to make available a draft CTS schedule for each developing Member;   Taking into account that, although several "draft HS02 files" have been approved by the 
Committee on Market Access in the context of the multilateral review sessions mandated by 
paragraph 9 of the 2005 Decision,
5 it has not been possible to fina lize the procedures envisaged in 
paragraphs 12 and 13 of that Decision for a grow ing number of files where Members fail to submit a 
communication approving  their own file. 
 
                                                      
* This document was previously circulated as JO B/MA/51 and approved by the Committee on Market 
Access. 
** Secretariat note :  Adopted in accordance with the Deci sion-Making Procedures under Articles IX 
and XII of the WTO Agreement agreed by the General Council in November 1995 (WT/L/93). 
1 L/4962, BISD 27S/25-26. 
2 L/6905, BISD 39S/300. 
3 G/MA/M/16.  See also G/MA/63 concerning details of the CTS Database project. 
4 WT/L/605. 
5 See periodic report by the WTO Secret ariat in JOB/MA/42 of 23 July 2010. G/MA/W/104 
Page 2  
 
   Recognizing  the importance of having complete certified schedules that reflect Members' 
concessions in the correct nomenclature and of the wo rk already done by the Secretariat in order to 
achieve such objective expeditiously;   Decides  as follows: 
 
1. Paragraph 12 of the 2005 Decisi on is amended to read as follows: 
 "12. When there is no objection remaining on a draft HS02 file at a multilateral review session, such file will then be considered a pproved by the Committee on Market Access and 
will be certified as provided for in paragraph 13 below." 
 2. A new paragraph 12 bis is added to the 2005 Decision as follows: 
 
 "12bis. Notwithstanding the provisions of pa ragraph 12 above, Members listed in the 
periodic report by the Secretariat of 23 July  2010 as having an HS02 file approved in a 
multilateral review session
6 shall have 30 days from the date of adoption of these amendments 
by the General Council to submit in writing to the Secretariat a reservation on their HS02 file; 
it being understood that  such a reservation w ill stop the certification of their HS02 file. 
   Members having submitted such a reservation are also required to provide in writing 
to the Secretariat details of the specific reas ons for such a reservation no later than 60 days 
from the date of their initial communication c ontaining their reservation.  If such detailed 
information is not provided within the deadline, the certification of their HS02 file shall take place as provided for in paragraph 13.  In case any amendment is introduced to the HS02 file, the multilateral review process provided for in Pa rt III shall be resumed for such a file." 
 
 
__________  
 
 
                                                      
6 Section D of document JOB/MA/42.  The Members concerned have a "yes" in the last column to the 
right (i.e. Status after review / Approval, By Others) and there is no further indication (provided through a 
footnote) that they are  in the proces s of considering changes to their file  or engaging with the Secretariat.