# EUR-Lex - 52012PC0024 - EN

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# 52012PC0024

**Proposal for a COUNCIL DECISION establishing the position to be taken by the European Union within the General Council of the World Trade Organization on the request for a WTO waiver on additional autonomous trade preferences granted by the European Union to Pakistan /* COM/2012/024 final - 2012/0008 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           OBJECTIVE OF THE PROPOSAL

The objective of this proposal is to
establish the position to be taken by the European Union within the General
Council of the World Trade Organization (WTO) as regards the request for a WTO
waiver on additional autonomous trade preferences
granted by the European Union to Pakistan and thus allow
the European Union to join a consensus on the adoption of this waiver request.

On 14 October 2010, the Commission adopted
a proposal for a Regulation of the European Parliament and of the Council
introducing emergency autonomous trade preferences for Pakistan, thereby
responding to the invitation by the European Council of 16 September 2010 in
the wake of the unprecedented and devastating floods in Pakistan. Discussions
on this proposal in the Parliament and in the Council will resume shortly.

To permit the EU to provide preferential
treatment for imports originating in Pakistan without being required to extend
the same preferential treatment to the like products of any other Member of the
WTO, a waiver has to be granted by the WTO, suspending temporarily certain WTO
commitments which would be otherwise applicable. On 18 November 2010, the EU
presented to the WTO a request for a waiver from the provisions of GATT 1994
Article I:1 and Article XIII, to the extent necessary (in document G/C/W/640)
and on 26 October 2011, a revised waiver request (in document G/C/W/640.Rev1).
As bilateral discussions on this waiver request are still ongoing with some WTO
Members, a second revised waiver request will be submitted in due time.

2.           LEGAL BASIS OF THE PROPOSAL

Article 218(9) of the Treaty on the
functioning of the European Union (TFEU) provides that when a decision having
legal effect needs to be taken in a body set up by an international agreement,
the Council, on a proposal from the Commission or the High Representative of
the Union for Foreign Affairs and Security Policy, shall adopt a decision
establishing the position to be adopted on the Union’s behalf. The granting of
a waiver on additional autonomous trade preferences
granted by the European Union to Pakistan falls under
this provision as the decision is taken in a body set up by an international
agreement (the WTO General Council or Ministerial Conference) affecting the
rights and obligations of the EU.

2012/0008 (NLE)

Proposal for a

COUNCIL DECISION

establishing the position to be taken by
the European Union within the General Council of the World Trade Organization
on the request for a WTO waiver on additional autonomous trade preferences
granted by the European Union to Pakistan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular the first subparagraph of
Article 207(4), in conjunction with Article 218(9), thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)
The European Union is currently in the process
of adopting legislation for granting additional autonomous trade preferences to
Pakistan. In the absence of a waiver from the European Union's obligations
under paragraph 1 of Article I of the General Agreement on Tariffs and Trade
1994 (GATT 1994) and Article XIII GATT 1994, to the extent necessary, the
treatment provided by additional
autonomous trade preferences would
need to be extended to all other Members of the World Trade Organization (WTO).
It is therefore appropriate to seek a waiver from paragraph 1 of Article I GATT
1994 and Article XIII GATT 1994, to the extent necessary, pursuant to paragraph
3 of Article IX of the Marrakesh Agreement establishing the World Trade
Organization.

(2)
The European Union submitted such a request
initially on 18 November 2010, revised subsequently on 26 October 2011 and the
WTO General Council is to deliberate thereon.

(3)
It is appropriate, therefore, to establish the
position to be taken by the European Union within the WTO General Council
concerning that request,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken by the European
Union within the General Council of the World Trade Organization is to approve
the WTO waiver on additional autonomous trade preferences granted by the
European Union to Pakistan.

This position shall be
expressed by the Commission.

Article 2

This Decision shall
enter into force on the date of its adoption.

Done at Brussels,

For
the Council

The
President