. /.  WORLD TRADE  
ORGANIZATION  TN/TF/W/122 
4 July 2006 
 
 (06-3209) 
Negotiating Group on Trade Facilitation Original:   English 
  
 
COMMUNICATION FROM INDIA 
  
 The following communication, dated 29 June 2006,  is being circulated at the request of the 
Delegation of India. 
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PROPOSAL ON GATT ARTICLE X 
 
I. INTRODUCTION 
1. In paper TN/TF/W/78, India had presented certain proposals for improvement and 
clarification of GATT Article X.  The present subm ission presents India's textual suggestions for 
those proposals. The modalities set out in Annex D place special emphasis on the identification of needs and priorities of developing countries as an inte gral part of the trade facilitation negotiations.  It 
is against this background that the current proposals are made. 
II. IMPORT ALERT/RAPID ALERT 
2. Import alert/rapid alert is a border control mechanism adopted by some countries as well as 
customs unions to monitor and ensure the quality of imported food product.  This is operated by 
issuing a notification to all member states of a cust oms union/or to all ports of a country, as well as to 
the exporter, in case of detection of contaminated  imports or import of products not meeting the 
required standards.  As a result of such aler t, a predetermined number of subsequent export 
consignments of the same exporter are subject to  hundred per cent inspection at the border of that 
country/every port of a customs union .  
3. The following disciplines shall apply to a system of import alert/rapid alert:  
• In order to ensure that the application of a system of import/rapid alert does not by itself 
create a barrier to trade, it shall be imposed across a customs union only if based on uniform 
standards and applied uniformly by all of its member states.  
 
• A notification against a country/exporter under a system of import/rapid alert restricting or 
prohibiting imports shall be issued only after it has been established on the basis of positive evidence that imports from the country/exporte r concerned have not fulfilled the prescribed 
objective standards.  
• A notification issued under a system of import/r apid alert restricting or prohibiting imports 
shall not be maintained if circumstances gi ving rise to it no longer exist, or if changed 
circumstances can be addressed in a less trade restrictive manner.  Circumstances giving rise 
to import/rapid alert would be deemed to no lo nger exist if [six] successive consignments 
imported from the country/exporter concerned, after the issuance of import/rapid alert 
fulfilled the prescribed objective standards.  TN/TF/W/122 
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• Announcement of termination of an import/rapid alert shall be made through a public notice 
to be issued no later than [15 days] after a decision has been taken to terminate the 
import/rapid alert. 
 
• The speed and standard of publicity of de-no tification of such alert shall equal the level 
applied at its issuance.  
 
III. DETENTION 
• In case imported goods are detained for inspection by customs or any other authority of a 
Member country, information regarding such de tention shall be provided to the importer or 
his authorized agent promptly. 
IV. TEST PROCEDURES 
• In case of the first test of a sample having shown an adverse finding, each Member 
conducting such a test shall grant the concerned importer or the exporter or their authorized 
agent the right to a second confirmatory test. 
• A clear procedure shall be laid down for such a confirmatory test including a validated test 
method. 
• A list of accredited laboratories shall be published where confirmatory tests can be carried 
out. 
• For a customs union, the results of a confirmatory  test carried out in one member state of a 
customs union shall be valid for and be accepted in all other member states of the customs 
union. 
V. APPEAL MECHANISM 
• There shall be a mechanism for redress of a dverse findings of inspection authorities, in 
particular for inspection decision relating to fo od items, at the import points of a customs 
union.  
• In order to ensure quick and uniform appe llate decisions, appeals against findings of 
inspection authorities at the level of a member state of a customs union shall be heard and 
decided at the customs union level. 
• Such appellate decisions shall be binding on the inspection authorities of all member states of 
a customs union. 
VI. TECHNICAL ASSISTANCE 
4. Some proposals would require establishing new procedures or an institutional system to 
improve transparency.  Some of these requirement s can be met in tandem with implementation of 
other proposals.  We are open to a discussion on needs of Technical Assistance and Capacity 
Building. 
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