Proposal for a Council Decision establishing the Community position within the Ministerial Conference set up by the Agreement establishing the World Trade Organization on the accession of the People's Republic of China to the World Trade Organization
Date: 2001-09-19
Institutions: European Commission
Subjects: China, World Trade Organisation, market access, trade policy

C 51 E/314

EN

Official Journal of the European Communities

26.2.2002

Proposal for a Council Decision establishing the Community position within the Ministerial
Conference set up by the Agreement establishing the World Trade Organization on the
accession of the People’s Republic of China to the World Trade Organization

(2002/C 51 E/10)

COM(2001) 517 final (cid:151) 2001/0218(CNS)

(Submitted by the Commission on 19 October 2001)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 37, 44, 47, 55, 71,
in conjunction with the first
80(2), 95, 133 and 308,
subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) On 10 July 1986 the Government of the People’s Republic
of China applied to resume its status as a contracting
party to the General Agreement on Tariffs and Trade
(GATT 1947).

(2) On 7 December 1995 the Government of the People’s
Republic of China
accession to the
applied
Agreement establishing the World Trade Organization
(WTO), pursuant to Article XII of that Agreement.

for

(3) A Working Party on China’s status as a GATT 1947
Contracting Party was established on 4 March 1987, and
was transformed into a WTO Accession Working Party on
7 December 1995, in order to reach agreement on terms
of accession acceptable to the People’s Republic of China
and all WTO Members.

(4) The Commission, on behalf of the Community and its
Member States, negotiated a comprehensive series of
market opening commitments on the part of
the
People’s Republic of China which are of particular
importance to the Community, provided for
in the
bilateral agreement between the People’s Republic of
China and the Community authenticated by signature
on 19 May 2000.

(5) These commitments are now embodied in the Protocol of
Accession of the People’s Republic of China to the WTO.

(6) Accession to the WTO is expected to make a positive and
lasting contribution to the process of economic reform
and sustainable development in the People’s Republic of
China.

(7) It will also bring trade relations between the People’s
Republic of China and the Community into a stable and
legally binding framework.

(8) The Protocol of Accession should therefore be approved.

(9) Article XII of

the Agreement establishing the WTO
provides that the terms of accession are to be agreed
between the acceding Member and the WTO, and that
the WTO approves the
the Ministerial Conference of
terms of accession on the WTO side.

(10) Accordingly, it is necessary to establish the position to be
the Ministerial
the Community within

taken
by
Conference.

(11) For some of

the objectives of

the Community which
accession of China to the WTO will help achieve the
Treaty does not provide powers other than those under
Article 308.

HAS DECIDED AS FOLLOWS:

Sole Article

The position to be taken by the Community within the Minis-
terial Conference set up by the Agreement establishing the
WTO on the accession of the People’s Republic of China to
the WTO, is to support the draft Decision of the Ministerial
Conference which supports the accession (see attachment).

26.2.2002

EN

Official Journal of the European Communities

C 51 E/315

ANNEX

Draft Decision

ACCESSION OF THE PEOPLE’S REPUBLIC OF CHINA

Decision of [. . . November 2001]

[The Ministerial Conference,

Having regard to paragraph 2 of Article XII and paragraph 1 of Article IX of the Marrakesh Agreement Establishing the
World Trade Organization, and the Decision-Making Procedures under Articles IX and XII of the Marrakesh Agreement
Establishing the World Trade Organization agreed by the General Council (WT/L/93),

Taking note of the application of the People’s Republic of China for accession to the Marrakesh Agreement Establishing
the World Trade Organization dated 7 December 1995,

Noting the results of the negotiations directed toward the establishment of the terms of accession of the People’s
Republic of China to the Marrakesh Agreement Establishing the World Trade Organization and having prepared a
Protocol on the Accession of the People’s Republic of China (WT/ACC/. . ./. . .),

Has decided as follows:

The People’s Republic of China may accede to the Marrakesh Agreement Establishing the World Trade Organization on
the terms and conditions set out in the Protocol annexed to this decision.] (1)

(1) Das Dokument ist nur in englisch verf(cid:252)gbar.