. /.WORLD TRADE
ORGANIZATIONWT/L/406
26 July 2001
(01-3737)
SWITZERLAND - PREFERENCES FOR ALBANIA AND BOSNIA-HERZEGOVINA
Request for a Waiver
Decision of 18 July 20011
The General Council,
Having regard to  paragraphs 1 and 3 of Article IX of the Marrakesh Agreement Establishing
the World Trade Organization (the "WTO Agreement" ), the Guiding Principles to be followed in
considering applications for waivers adopted on 1 November 1956 (BISD 5S/25), the Understanding
in Respect to Waivers of Obligations under the General Agreement on Tariffs and Trade 1994,paragraph 3 of Article IX of the WTO Agreement,  and Decision-Making Procedures under Articles X
and XII of the WTO Agreement agreed by the General Council (WT/L/93);
Conducting the function of the Ministerial Conference in the interval between meetings
pursuant to paragraph 2 of Article IV of the WTO Agreement;
Taking note  of the request of Switzerland for a waiver from its obligations under paragraph 1
of Article I of the GATT 1994 to the extent necessary to permit Switzerland to afford duty-free or
preferential treatment to eligible products originating in Albania and Bosnia-Herzegovina, without
being required to extend the same duty-free or preferential treatment to like products of any other
Member;
Referring  to the explanatory note presented by Switzerland on 5 March 2001
2;
Taking note  of the 1979 Decision on Differential and More Favourable Treatment,
Reciprocity and Fuller Participation of Developi ng Countries and the 1994 Decision on Measures in
favour of Least-Developed Countries;
Considering  the exceptional situation in Albania and Bosnia-Herzegovina and the efforts
being made by the Members to provide for the preservation of peace and for economic reconstruction
in South Eastern Europe;
Considering  that the duty-free and preferential treatment to eligible products Switzerland
affords to these countries is intended to promote economic expansion and recovery in a manner
consistent with the objectives of the GATT 1994 and not to create barriers for the trade of other
Members;
Noting  that Bosnia-Herzegovina has yet to accede to the WTO;
                                                     
1 Adopted in accordance with the Decision-Making Procedures under Articles IX and XII of the WTO
Agreement agreed by the General Council (WT/L/93)
2 G/C/W/257.WT/L/406
Page 2
Noting  that, in light of the foregoing, the exceptional circumstances justifying a waiver from
the provisions of paragraph 1 of Article I of the GATT 1994 exist;
Decides as follows:
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 March 2004 to the extent necessary to permit Switzerland to
afford duty-free or preferential treatment to elig ible products originating in Albania and Bosnia-
Herzegovina, without being required to extend the same duty-free or preferential treatment to like
products of any other Member.
2. Such duty-free or preferential treatment shall not raise new barriers for the trade of other
Members. Switzerland shall upon request consult pr omptly with any Member on the operation of its
preferential or duty-free concessions in respect of the countries 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 impaired unduly as a result of measures put in place by
Switzerland and covered by this Decision, Switzerland shall examine the possibility of a satisfactory
adjustment of the matter.  This Decision does not affect Members’ rights as set out in theUnderstanding in respect of Waivers of Obligations under the GATT 1994, particularly paragraph 3,
thereof.
3. Switzerland shall report annually to the General Council on the preferences and duty-free
treatment afforded to products from the countries listed in paragraph 1, including the extent to which
such preferences and duty-free treatment is different from Switzerland’s MFN and GSP concessions,with a view to facilitating the annual review provided for in paragraph 4 of Article IX of the WTO
Agreement.
4. Accession to the WTO by Bosnia-Herzegovina will not affect the application of this Decision.
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