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
Date: 2012-01-30
Institutions: European Commission
Subjects: Pakistan, World Trade Organisation, flood, import (EU), originating product, tariff exemption, tariff preference

EUROPEAN COMMISSION 

Brussels, 30.1.2012 
COM(2012) 24 final 

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 

 
 
  
 
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. 

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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) 

(2) 

(3) 

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. 

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. 

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.  

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Article 2 

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

Done at Brussels, 

For the Council 
The President 

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