On The Validity Of The Protocols To The General Agreement On Tariffs And Trade

Original Language Title: o platnosti Protokolů ke Všeobecné dohodě o clech a obchodu

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=21633&nr=175~2F1949~20Sb.&ft=txt

175/1949 Coll.



GOVERNMENT DECREE



of 11 December 1997. March 1949,



You shall be given in the interim force of the Protocols of 14. September 1948

which amends part II and article. XXVI and part I and article. XXIX General

agreement on tariffs and trade, published in the collection of laws under no. 59/1948.



According to § 1 of the law of 4 March. # 158 July 1923 Coll., on a provisional

Edit the trade with foreign countries, and according to the article. (VII) of the Act of 22 December 2004.

June 1926, no. 109 Coll., which partly amended the law on customs tariff

for the Czechoslovak territory and the customs tariff and the provisions on the

Edit the trade with foreign countries, I declare:



According to the resolution of the Government of the Czech Republic of 15 April. February 1949 and

with the agreement of the President of the Republic shall be given in the interim force

effect from 1. in January 1949, the protocols of 14 July 2004. September 1948 governing the

consequential amendments to part II and article. XXVI and part I and article. XXIX general agreement on

tariffs and trade, published in the collection of laws under no. 59/1948, as amended by

The protocols of 24 July 2003. in March 1948, proclaimed in the collection of laws under no.

211/1948, 212/216/1948 and 1948.



These reports shall be published in the annex to the amount of 50 of the laws of the

page 269 in translation and in the original version, English and French.



Zápotocký, v. r.



ANNEX



XIII. 1



The PROTOCOL,



amending part II and article. XXVI



The General Agreement on tariffs and trade.



(Translation.)



The State of the Australian Government, the Kingdom of Belgium, the United States

the Brazilian, Birmans, Canada, Ceylon, the Republic of China, the Republic of Cuba,

in the Czech Republic, the Republic of France, India, Lebanon,

the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, New Zealand,

the Kingdom of Norway, Pakistan, Southern Rhodesia, Syria, South African

the Union, the United Kingdom of Great Britain and Northern Ireland and the United

States of America, acting in its property of the parties

The General Agreement on tariffs and trade (in the further called the agreement), desiring

you make a change in the Agreement under the provisions of article XXX,



have agreed as follows:



L1. The wording of articles III, VI, XIII, XV, XVIII and XXIX of the agreement and some

the provisions relating to them in annex I is amended as follows:



A. Article III will be zníti as follows:



"Article III



The same treatment in the field of internal taxes and adjustments.



1. the Contracting Parties recognize that internal taxes and other internal benefits

as well as the laws and regulations regarding the editing of sales, bidding on

the sale, purchase, transportation, distribution or use of products, and internal

quantitative editing, mixing, processing or prescriptive use

products in a certain quantity or in a specific proportion, they do not have to be

applied to imported or domestic products in a manner which would

provide protection for domestic production.



2. the products of the territory of any Contracting Party imported into the territory of any

other Contracting Parties shall not be subject, directly or indirectly, the internal

taxes or any other internal benefits of any kind greater than those to which

directly or indirectly, shall be subject to the same domestic products. In addition, it does not save

No party in any other way internal taxes or other

the internal dose for imported or domestic products in a manner contrary

principles laid down in paragraph 1.



3. With regard to any existing internal tax which is inconsistent

with the provisions of paragraph 2, which, however, is explicitly allowed in the business

the agreement, valid from 10. April 1947, in which the import duty on taxed product

is bound against increase in, a Contracting Party that requires tax may not use

on the tax provisions of paragraph 2 in the meantime, until the vyvázána of the

obligations under such agreements so that she was able to have enhanced the

import duties, to the extent necessary to counteract the protective parts deleted

the tax.



4. the Products of the territory of any Contracting Party imported into the territory of any

other Contracting Parties will provide advantages not less than products

domestic origin, in respect of all laws, regulations and adjustments

relating to the sale, offering for sale, purchase, transport,

distribution or use on the Community market. The provisions of this paragraph

not for internal use of differential transport rates,

based exclusively on the efficient využitkování of means of transport and

not at the origin of the products.



5. No Contracting Party establishes or not udržovati no internal

quantitative regulation relating to the mixing, processing or

the use of products in a certain quantity or in a proportion that would

required either directly or indirectly, that any specified quantity or ratio

any product, which is subject to the prescription was shipped from

domestic sources. In addition, no Contracting Party shall otherwise

to exercise internal quantitative regulations in a manner contrary to the principles of

laid down in paragraph 1.



6. The provisions of paragraph 5 shall not be vztahovati to any internal

quantitative regulation valid in the territory of any Contracting Party, on 1 May 2004.

July 1939, 10. or 24 April 1947. March 1948 at the choice of the

the Contracting Parties, provided that any such provision which

contrary to the provisions of paragraph 5, will not be altered to the detriment of imports and will

regarded as a duty for the purposes of the hearing.



7. No internal quantitative regulation relating to the mixing,

processing or use of products in a certain quantity or in a particular

the ratio will not be applied in the way in which such a quantity or

determine the ratio between foreign sources of supply.



8.



and) provisions of this article will not be vztahovati on the laws, editing, and

the regulations governing the procurement of products or public hands

the account, which are intended for government purposes and not for further commercial

sale, or for use in the production of goods for commercial sale.



(b) the provisions of this article does not prohibit), to be paid support

exclusively to domestic producers, including in support of domestic producers of

the proceeds of internal taxes and charges which are prescribed in accordance with the

the provisions of this article, the aid granted in the form of Government

purchases of domestic products.



9. the Contracting Parties recognize that internal maximum price control, even

If it is in accordance with other provisions of this article may poškoditi

interests of Contracting Parties supplying imported products. For this reason,

Contracting Parties applying such measures shall take account of the interests of the

the exporting contracting party, to the maximum extent possible, eliminate

these harmful effects.



10. the provisions of this article does not prohibit any contracting party to

introduced or maintain internal quantitative regulations concerning

lit cinematograph films, if these edits meet the

the requirements of article IV.



B. Article VI will be zníti as follows:



' Article VI.



Anti-dumping and countervailing duties.



1. The Contracting Parties recognize that dumping, by which the goods of one country

is placed on the market of the other country at a price lower than its normal

the value is a repudiation of the worthy, if or if there is a způsobiti

material injury to the production of existing on the territory of a Contracting Party, or

staying noticeably to build production. For the purposes of this article, the product

imported from one country to another, the call for marketed

the import of the country at a price lower than its normal value in cases

that its price



and) is lower than the comparable price of the like product, required for

normal trading conditions for consumption in the exporting country, or



(b)) if it is not such a domestic price, is less than either



even the highest comparable price) of the same product when sold for export to the

Some third countries under normal commercial conditions, or



II) cost of production of this product in the country of origin plus a reasonable

a premium for selling expenses and profit.



In individual cases, due to the difference in přihlédnouti

the conditions and modalities of the sale, to the differences in taxation and other differences

affecting price comparability.



2. In order to offset or prevent dumping, a Contracting Party may

uvaliti on any product which is the subject of dumping,

anti-dumping duty not greater than the margin of dumping for the goods concerned.

For the purposes of this article, the margin of dumping is considered to be the price difference

determined in accordance with the provisions of paragraph 1.



3. No countervailing duty on any product the territory of either Contracting

the party of import to the territory of any other Contracting Party, the

charged a higher amount than is the estimated premium or aid, which

It was found that was directly or indirectly, for the manufacture,

the production or export of such product in the country of origin or export, including

any special aid to be granted to the shipping of this item. The expression of

"countervailing duty" shall mean a special duty levied for the purpose of settlement

any premiums or aid granted directly or indirectly

on the manufacture, production or export of any goods.



4. Any product of the territory of any Contracting Party imported into the territory of

any other Contracting Party, will not be subjected to protidumpingovému or

countervailing duty because it was exempt from taxes or levies,


to be imposed on the same product destined for consumption in the country of origin or

or, therefore, that such a tax or benefits were returned.



5. No product of the territory of any Contracting Party imported into the territory of

any other Contracting Party, will not be subjected to the same time

protidumpingovému and countervailing duty, in order to čeleno the same case

of dumping or export aid.



6. No Contracting Party shall not impose anti-dumping or countervailing duty on

the importation of any product of the territory of any other Contracting Party, but would

found that the effect of dumping or aid in the present case is such that the

causes or threatens material injury to an existing způsobiti domestic production,

or that its staying noticeably. The Contracting Parties may let us free ourselves

from the conditions laid down in this paragraph and povoliti of a Contracting

side to impose anti-dumping or countervailing duty on the importation of

any product support to offset dumping and/or that operate

or threaten material injury to the production of způsobiti in the territory of the other Contracting

Parties, exporting the product concerned to the territory of the importing contracting party.



7. the system, which has stabilisovati domestic prices of the basic product, or

to that end the yield accruing to the domestic producers of the like product independently

the movement of export prices and that sometimes allows you to export sales of such

the product at a price lower than the comparable price requested for the same

product from buyers in the domestic market, will not be considered as a system,

that he would be material injury within the meaning of paragraph 6, if the

detects the consultations between the Contracting Parties having a substantial interest in

the product concerned,



and, as a result of this system) product was sold for export at a price

higher than the comparable price requested for the same product from

buyers in the domestic market, and



(b) as a result of active editing) of production, or for some other reason this works

system so that it does not encourage the export of improper manner or that otherwise

seriously hurts the interests of other Contracting Parties. "



(C) in paragraph 5 of article XIII, the words "and any internal regulations,

which act in paragraphs 3 and 4 of article III "are deleted.



D. Introduction of paragraph 9 of article XV will be zníti as follows:



9. Nothing in this agreement will not be vylučovati to: "



E. Article XVIII will be zníti as follows:



"Article XVIII.



Government aid to promote the economic development and recovery.



1. The Contracting Parties recognize that it may be desirable to special government aid

to support the establishment, development, recovery of some sectors of industry the neb or

Agriculture and that under reasonable circumstances, the provision of such assistance in

the form of safeguard measures is justified. At the same time recognize that

imprudent use of such measures would entail disproportionate burdens

their own economy and unjustified restrictions to the international

trade and might unnecessarily increase the economic difficulties

adapting the economy of other countries.



2. the Contracting Party and the Contracting Party concerned, questions,

associated with this article, in complete secrecy.



- A -



3. If a Contracting Party in the interest of their economic development, neb

renewal, or for the purpose of increasing the duty rates, valid for the country of benefiting

favoured nation, when the conclusion of a new preferential agreements referred to in

the provisions of paragraph 3 of article I, as it considers desirable to do any

non-discriminatory measures affecting imports, contrary to any

of the undertaking, the Party took in the meaning of article II of this

The agreement, which would however not be inconsistent with the other provisions of this

The agreement, that Contracting Party



and) enter direct negotiations with all the other Contracting Parties.

The appropriate instrument attached to this agreement will be amended in accordance with the agreement

resulting from these negotiations; or



b) turns right now with the beginning of the party, or will be able to

to do in the case that you can not dojíti to the agreement set out in the

subparagraph (a)). The CONTRACTING PARTIES shall designate the Contracting Party or contracting parties

significantly affected the intended measures and will be podporovati negotiations between the

such a Contracting Party or parties and the requesting contracting party to

There was substantial agreement reached with accelerating. The CONTRACTING PARTIES will determine

schedule such hearing and shall notify the contracting parties concerned,

being guided by the timetable, if possible, designed the requesting contracting

party. The Contracting Parties shall enter into these negotiations and will be in them;

without a break according to the timetable laid down by the CONTRACTING PARTIES. On

the request of a Contracting Party, the Contracting Parties may, if in the

the principle of the proposed measure, přispěti its use in negotiations.

If there is a substantial agreement, the requesting Contracting Party may be

released by the CONTRACTING PARTIES of the undertaking referred to in this paragraph with

condition limitation, which was agreed upon during a meeting between the

the Contracting Parties.



4.



and If as a result of the measures) taken within the meaning of paragraph 3, the

any increase in imports of the product concerned, including in the it products,

who could this product directly to nahraditi and if this increase,

It would take longer, was so large that it would threaten the establishment, development

or renewal of industrial or agricultural sector, and if they cannot

be found no other, apparently effective protective measures, in

accordance with the provisions of this agreement, the requesting contracting party

the notice and, if practicable, after consultation with the Contracting Parties

make such other measures which the situation requires that such

the measures will not reduce the import of more than is necessary to offset the increase in

imports referred to in this subparagraph; These measures do not snížiti

imports, but in exceptional cases, below the level in the last

the prestigious period preceding the date on which the Contracting Party

initiate the procedure within the meaning of paragraph 3.



(b) the CONTRACTING PARTIES shall determine) as soon as possible, whether such a measure has

be maintained, repealed or amended. In any case, shall cease to be

as soon as the validity of a CONTRACTING PARTY provides that the negotiations have been successfully

completed or stopped.



(c)) it is recognised that, in relations between the Contracting Parties, within the meaning of article

(II) this agreement applies the principle of mutual benefit and that, consequently, any Contracting

the party whose trade is significantly affected by the measures taken, it may

trade with the applicant contracting party under the provision of the benefits, or

substantially equivalent concessions pursuant to this agreement, subject to the

Contracting Party before using this advice with the contractual arrangements

The parties, and that these should not be the opposition.



- B -



5. in the event of any non-discriminatory measures affecting the import,

that would concern any product for which a Contracting Party has

undertaking in accordance with article II of this agreement, and that it would be contrary to the

some of the other provisions of this Agreement, the provisions will apply

subparagraph (b) of paragraph 3, provided that the CONTRACTING PARTIES before the

by enabling the release of commitment can be an appropriate opportunity to all Contracting

Parties to be noticeably affected, to my mind. In

this case will also be použitelna the provisions of paragraph 4.



- C -



6. If the Contracting Party is in the interest of their economic development, neb

considers that recovery is žádoucno to take a non-discriminatory

measures relating to imports, which would be contrary to the other provisions of this

Agreement other than the provisions of article II, which, however, did not involve any

the product, in which case the party has an obligation under

Article II, that party shall notify the Contracting Parties and shall submit to the

them a written statement justifying the introduction of considerations of the proposed

measures for a certain period.



7.



(a) at the request of such a Contracting Party, the CONTRACTING PARTIES give their permission to

the proposed measures and shall grant a period of time needed for the release of

of the commitment, if with a special regard to the needs of the economic

the development of the neb requesting renewal of a Contracting Party finds that the measures



(i) is meant to protect certain industries set up by between 1. January 1939

and 24. in March 1948, which was protected during this period of development

abnormal conditions caused by the war, or



(ii) is meant to support the creation or development of a particular industry for

processing of domestic raw materials, if the foreign sale of this raw material

was significantly reduced as a result of new or additional restrictions

in a foreign country, or



(iii) it is necessary, with a view to the capabilities and resources of the requesting contracting

the party, to support the creation or development of a particular industry for

processing of domestic raw materials or for the processing of by-product

This industry, which otherwise would have been lost, in order to achieve

a more economical use of natural resources and labour

and in the future increase in the standard of living in the territory of the requesting contracting party,

If it is not likely that this measure should in the future

a negative effect on international trade, or



(iv) may not bring foreign trade restrictions greater than

any other feasible and reasonable measures permitted by this agreement,


that could be done without too much difficulty, and if these measures

It is most practical in view of the economic conditions of the

industrial or agricultural sectors and the needs of the requesting contracting

Parties in case its economic development and recovery.



The foregoing provisions of this paragraph are bound to the following conditions:



(1) any proposal for the requesting contracting party, seeking to use after

the expiry of the initial period of a such a measure with changes or

without them, it will not podléhati the provisions of this paragraph;



(2) the contracting parties do not give their consent to any measures within the meaning of

subparagraphs (i), (ii) or (iii) above, which would be likely to

the injury also caused a serious export raw materials, on which it depends for the most part

the holding in the territory of another Contracting Party.



(b) the requesting Contracting Party shall apply the measures authorised within the meaning of

subparagraph (a) in such a way that unnecessarily damage

commercial and economic interests of any other Contracting Party.



8. If the proposed measure does not fall within the scope of the provisions of paragraph 7,

Contracting Party



(a) may enter in direct consultation with the party or parties

in its judgment have been noticeably affected by this measure. At the same time

Contracting Party shall inform the parties of such meetings, in order to

provided an opportunity to assess whether all significantly affected Contracting

parties were přibrány to these meetings. After reaching full or at least

substantial agreement by a Contracting Party wishing to zavésti these measures

shall submit its request to the CONTRACTING PARTIES, which shall immediately request

shall be examined, to determine whether it was properly taken into account the interests of all

of the parties, which would significantly hurt. Where the CONTRACTING

The PARTIES believe that it is, whether more meetings between the

Contracting Parties concerned or not, the requesting contracting

side of the obligations arising from the relevant provisions of this agreement, with

subject to such restrictions, which may uložiti the CONTRACTING PARTIES, or



(b) may either directly, or in the case that could not be achieved in whole or

substantial agreement within the meaning of subparagraph (a), unless the Contracting Party.

The CONTRACTING PARTIES shall, without delay, of the communication, which was presented in the

the meaning of the provisions of paragraph 6, the Contracting Party or a Contracting

Parties which declared significantly affected by the proposed measures.

Such a Contracting Party or the Contracting Parties shall notify the Contracting

The PARTIES within the time limit set by them, if, having regard to the likely

the effects of the proposed action on the economy, on their territory, objections

against the measure.



(i) If the Contracting Party or the contracting parties concerned do not have the

objections to the proposed arrangements, the CONTRACTING PARTIES shall be released immediately

the requesting Contracting Party of the obligations deriving from the relevant provisions of the

of this agreement;



(ii) if there are objections, the CONTRACTING PARTIES shall promptly examine

the proposed measures, having regard to the provisions of this agreement, the reasons

referred to the requesting contracting party and its needs for economic development

and reconstruction, the opinion of the Contracting Party or contracting parties which

have been identified as severely affected, the effect that the proposed measures,

No changes or no changes, you may have immediate or

later on international trade and also the later effect on living standards

on the territory of the requesting contracting party. If the Contracting Parties

explore its approval to the proposed can be measure with changes or

without changes, the requesting Contracting Party shall be released from its obligations,

arising from the relevant provisions of this agreement, subject to the limitations,

which may uložiti.



9. If the expected approval of the PARTIES of the measures

referred to in paragraph 6 has led to an increase in imports of any of the

the product or products, which can be directly replaced by the product, or

If there was a risk that was occurring, so substantial,

that would threaten the establishment, development or reconstruction of the production concerned, or

the agricultural industry, and if it could not be found obviously effective

protective measures, compatible with the provisions of this agreement. The requesting

a Contracting Party may, having previously notified the CONTRACTING PARTIES and, if

possible, in consultation with them to do such other measures which the situation

requires, and that in the meantime, the Parties shall decide on the request,

with the condition that these measures will not reduce the imports below the level in the last

the prestigious period preceding the date of notification

in accordance with paragraph 6.



10. The CONTRACTING PARTIES SHALL at the earliest opportunity, but as a rule to

fifteen days from the date when she reached the application within the meaning of the provisions of paragraph 7

or subparagraphs) or (b) paragraph 8 shall notify) of the requesting contracting party

the date on which it shall inform, whether it be released or released from

the relevant commitment. This notification shall, within a period as short as possible and not

later than 90 days after the receipt of the request, however, that the

arise if unforeseen difficulties before the fixed date, the time limit may

be extended after consultation with the requesting contracting party. The absence of a

the requesting contracting party notice to the date, it may use the

of the proposed action, as has been previously advised of the CONTRACTING PARTY.



11. each Contracting Party may udržovati in force any

non-discriminatory protective measures relating to imports, which has been in

effect on 1 May. September 1947 and was introduced for the purpose of the establishment, development

or renewal of certain manufacturing or agricultural sector, but that is not

otherwise permitted in this agreement, provided that he shall notify the other Contracting

Parties not later than 10. October 1947 on such measures and of any

the product, which has to be maintained, and on the nature and purpose of the

such a measure.



12. Each Contracting Party shall maintain such action shall, within sixty

days later, when it became a Contracting Party, the CONTRACTING PARTIES to the representation

containing the grounds for its holding and the length of time that he wanted them to remain.

In the shortest time, but no later than 12 months after the date on which such

the Contracting Party has become a Contracting Party, the CONTRACTING PARTIES shall examine

the measure in question and decide on it as if it had been

submitted to the Contracting Parties for approval in accordance with the provisions of paragraphs 1 to

10 even with this article.



13. The provisions of paragraphs 11 and 12 of this article will not be vztahovati on

any action relating to the product for which the contracting party to yourself

She took the commitment referred to in article II of this agreement.



14. If the PARTIES decide that the measures should be amended, or

cleared to date, will my account of the possible need for

the Contracting Parties in respect of the period in which the change or cancellation could

carry it out. "



F. Paragraph (b) and an indication of "(a)" in paragraph 5 of Article XXVI shall be abolished.



(G).



(i) in annex I, in the explanatory notes to article II of the attached with this:



"The provisions of article III.



Any internal tax or other internal dose or every act, edit, neb

Regulation referred to in paragraph 1 which relate to the imported product

product or similar home and which are levied or imposed from

the imported product at the time of, or at the point of importation, however,

considered internal tax or other internal dose or for law,

the adjustment or the regulations referred to in article II of this agreement.



Paragraph 1



The application of paragraph 1 to internal taxes prescribed by the local governments or

the authorities in the territory of the Contracting Parties shall be subject to the provisions of the last paragraph

Article XXIV. The words "appropriate measures" in this article do not have to be

interpreted in a way that would, for example, should be repealed, an existing home

laws authorizing local governments to ensure that internal taxes, předpisovaly

which, although in the form of disagrees with the wording of article III, in fact, are not

contrary to its spirit, if such cancellation has caused serious financial

the difficulties of the affected local governments or authorities. With regard to the taxation of

local governments or authorities, contrary to the wording and with the

the spirit of article III, the words "appropriate measures" to allow a Contracting Party to

to break this taxation progressively during the transitional period, if a sudden

the measure had způsobiti serious administrative and financial difficulties.



Paragraph 2



The tax corresponding to the conditions of the first sentence of paragraph 2 shall be deemed to

contrary to the conditions of the second sentence only if the taxed product

competes with a product that competes directly with it, or it may nahraditi and

which was not similarly taxed.



Paragraph 5 of the



Modifications to the provisions of the first sentence of paragraph 5 shall not be

considered to be contrary to the provisions of the second sentence, when all products

subject to such modifications are made in sufficient quantities at home.

For an assessment of whether the adjustment can be regarded as corresponding to the

the provisions of the second sentence, you can't dovolávati that for the ratio or

the amount specified for each of the products which are subject to that treatment,

maintained an adequate relationship between imported and domestic products. "



(ii) the explanatory notes to article VI in annex I will be zníti as follows:



"The provisions of article VI.



Paragraph 1




Hidden dumping by associated companies (t. j. If the importer sells

at a price that is lower than what corresponds to the price charged by the exporter, with

whom the importer is associated, and also lower than the price in the exporting country), it is

in the form of price dumping, in which the dumping margin can be calculated

on the basis of the price at which the goods are sold by the importer.



Paragraph 2 and 3



Explanatory notes 1



As in many other cases in the customs administration of a Contracting

the Party shall demand a reasonable advance payment (guarantee or cash deposit) to the

payment of protidumpingového or the countervailing duty before the

the final fact finding, is suspected of dumping or of

the provision of aid.



Explanatory note 2



The use of the several courses of the currency may in certain circumstances be

by promoting exports, against which can be imposed countervailing duties in accordance with

paragraph 3, or it may be in the form of dumping, carried out a partial

deterioration of the currency some countries against which can be introduced

the measures referred to in paragraph 2. Under "use of the several courses of the currency"

means the action taken by Governments or approved by them. "



(iii) in annex I, in the explanatory notes to article XVII is attached:



"The provisions of article XVIII.



Paragraph 3



Clause on the increase of the rates in force for countries enjoying the highest benefits

When the conclusion of a new preferential agreements applied only when

It will be connected to the new paragraph 3 of article I of the entry into force of the amendments

contained in the Protocol of 14 September. September 1948, amending part I and

article. XXIX of the General Agreement on tariffs and trade.



Paragraph 7 (a) (ii) and (iii). The word "process", which is used in

these subparagraphs shall mean the transformation of raw materials or secondary

the product obtained in this conversion, produced or polodohotovené

goods, but does not intend the production process for the highly advanced industrial

techniques. "



2.



This Protocol shall be after the signing at the conclusion of the second meeting of the

PARTIES deposited with the Secretary-General of the United Nations.



3.



Save this log will be from the date of its implementation came to save

the instrument of acceptance of the amendments referred to in paragraph 1 of this Protocol, each

the Contracting Party whose representative signs this Protocol without reservation.



4.



Instruments of acceptance from those parties which have not signed this Protocol, or

which is signed with reservations regarding the adoption, shall be deposited with

the Secretary-General of the United Nations.



5.



The changes referred to in paragraph 1 of this Protocol will enter into force in accordance with

the provisions of article XXX of the agreement after the deposit of instruments of acceptance within the meaning of

paragraphs 3 and 4 of this Protocol, two thirds of the Governments, which are in the

the time of the Contracting Parties.



6.



The Secretary-General of the United Nations shall inform all interested Governments about

any acceptance of the amendments provided for in this Protocol and the date when the

the changes will take effect.



7.



The Secretary-General shall be empowered to carry out registration of this

Log in appropriate time.



On the CONSCIENCE of the representatives of the Governments of the above, due to the fact

permissions, have signed this Protocol.



Done at Geneva, in a single copy in the English and French languages,

as both texts are authentic, 14 July 2004. September of the year one thousand

devítistého fortieth eighth.



For the Australian Federation of States:



J. A. TONKIN



For the Kingdom of Belgium:



MAX SUETENS



For the United States of Brazil:



JOAO CARLOS MUNIZ



For Canada:



L. D. WILGRESS



In Ceylon:



OLIVER GOONETILLEKE



For the Republic of China:



WUNSZ KING



For the Republic of Cuba:



GUSTAVO GUTIERREZ



For the Republic of Czechoslovakia:



ZDENĚK AUGENTHALER



For the Republic of the French:



ANDRÉ PHILIP



For India:



CHANDULAL CHUNILAL DESAI



In Lebanon:



MOUSSA MOBARAK



For the Grand Duchy of Luxembourg:



J. WOULBROUN



For the Kingdom of the Netherlands:



E. DE VRIES



In New Zealand:



L. S. NICOL



For the Kingdom of Norway:



CLOSE TO AIRPORT OFTEDAL



In Pakistan:



S. A. HASNIE



At The Sorbonne:



HASSAN DJEBBARA



For The Union Of South Africa:



L. C. STEYN



For the United Kingdom of Great Britain and Northern Ireland:



R. J. SHACKLE



For the United States:



LEROY D. STINEBOWER



XIII. 2



The PROTOCOL,



amending part I and article. XXIX of the General Agreement on tariffs and trade.



(Translation.)



The PROTOCOL,



amending part I and article. XXIX of the General Agreement on tariffs and trade.



The State of the Australian Government, the Kingdom of Belgium, the United States

the Brazilian, Birmans, Canada, Ceylon, the Republic of China, the Republic of Cuba,

in the Czech Republic, the Republic of France, India, Lebanon,

the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, New Zealand,

the Kingdom of Norway, Pakistan, Southern Rhodesia, Syria, South African

the Union, the United Kingdom of Great Britain and Northern Ireland and the United

States of America, acting in its property of the parties

The General Agreement on tariffs and trade (in the further called the agreement),



Desiring to make a change in the agreement in accordance with the provisions of article XXX,



have agreed as follows:



1.



The wording of articles I, II and XXIX of the agreement and of certain provisions of the

applicable in annexes A and I is amended as follows:



And



(i) the words "paragraphs 1 and 2 of article III" in paragraph 1 of article I shall be replaced by

with the words "in paragraphs 2 and 4 of article III".



(ii) the words "in paragraph 3 of this article" in paragraph 2 of article I shall be replaced by

with the words "in paragraph 4 of this article".



(iii) paragraph 3 of article I shall bear the mark 4 and still as a new paragraph

3, took advantage of the paragraph reads as follows:



"3. The provisions of paragraph 1 shall not be vztahovati on the preference between

countries that previously formed part of the Ottoman Empire, and have been separated from her

24 September. July 1923, provided that these preferences will be

approved in accordance with the provisions of paragraph 5, and article XXV), which

provisions will be applied in this case, taking into account paragraph 1

Article XXIX. "



(B) the words "paragraph 1 of article III" in paragraph 2 (a) of article II shall be replaced by

with the words "paragraph 2 of article III".



(C) article XXIX will be zníti as follows:



"Article XXIX.



Relationship of this agreement to the Havana Charter.



1. the Contracting Parties undertake to observe in its entirety,

comparable with the powers of its Executive power, general principles of chapters I

to VI and chapter IX of the Charter of Havana for a period, until the Ministers according to the

its constitutional rules.



2. part II of this Agreement shall expire on the date of entry into force

color, Charter.



3. If within 30. September 1949 color, the Charter does not enter into effect,

the Contracting Parties will meet before March 31. in December 1949, to agree to

This agreement be amended, supplemented or maintained.



4. If at any time, color, Charter expire, the Contracting Parties

will meet as soon as possible then, to agree to this Agreement shall be

amended, supplemented or maintained. Before an agreement is reached on this matter,

Part II of this Agreement shall enter into force again, with the understanding that the provisions of the

Part II, in addition to article XXIII, changes will be replaced by the

the wording in that time in the Havana Charter contained and subject to the

No party will be bound by any provision that it

nevázalo at a time when color Charter expire.



5. Unless the Contracting Party havanskou the Charter until the day when

will enter into force, the parties will meet to agree whether this

The agreement, if it affects the relationships between that Contracting Party and other

the Contracting Parties, should be supplemented or amended, and in the positive

the case, in what manner. If the contracting parties fail to agree, the provisions

Part II of this Agreement will continue to pay through the nose between the that Contracting Party

and the other Contracting Parties through the provisions of paragraph 2 of this

article.



6. the Contracting Parties which are members of the International Trade Organization,

will not be dovolávati the provisions of this Agreement for that purpose, in order to

made it impossible for the effectiveness of any provision of the Havana Charter. The application of the

the principle of this paragraph to any Contracting Party which is not a member of the

The International Trade Organization shall be the subject of an agreement in the sense of

the provisions of paragraph 5 of this article. "



(D) in Annex A, relating to article I, connects this paragraph:



"India and Pakistan Dominion was not named separately in the above mentioned

the Charter, in that it did not exist prior to the 10. April 1947. "



(E)



(i) the words "the provisions of paragraph 1 and 2 of article III" in the explanatory notes to paragraph 1

Article I of annex I are replaced by the words "to paragraph 2 and 4 of article III".



(ii) to paragraph 1 of article I of annex I is attached

This new paragraph is added:



"Appeal in the previous paragraph and in paragraph 1 of article I, paragraph 2, and

4 Article III will pay through the nose until the amended article III

the entry into force of amendments contained in the Protocol of 14 September. September 1948

amending part II and Article XXVI general agreement on tariffs and

trade. "



(iii) the heading "paragraph 3" in the explanatory notes to article I of annex I,

is replaced by



"Paragraph 4".



(iv) in annex I, under the heading "article II" are manually:



"Paragraph 2 (a)



The appeal in paragraph 2 (a) of article II, paragraph 2 of article III of the

pay through the nose until the amended article III entry into force

the amendments contained in the Protocol of 14 September. September 1948, amending

Part II and Article XXVI of the General Agreement on tariffs and trade ".



(v) of the explanatory notes to paragraph 4 of article II of annex I will be zníti:



"Paragraph 4




If the Contracting Parties which initially have negotiated tariff concession

expressly agree otherwise, you will not use the provisions of this

paragraph přihlížeti to the provisions of article 31 of the Havana Charter ".



(vi) in annex I, in an explanatory note to Article XXVI, took advantage of this

explanatory notes:



"To article XXIX.



Paragraph 1



Chapter VII and VIII of the Havana Charter have been excluded from paragraph 1

because the Act of organization, activities and practices

International business organization. "



2.



This Protocol shall be after the signing at the conclusion of the second meeting of the

PARTIES deposited with the Secretary-General of the United Nations.



3.



Save this log will be from the date of its implementation came to save

the instrument of acceptance of the amendments referred to in paragraph 1 of this Protocol, each

the Contracting Party whose representative signs this Protocol without reservation.



4.



Instruments of acceptance from those parties which have not signed this Protocol, or

that have signed it with reservations regarding the adoption, shall be deposited with

the Secretary-General of the United Nations.



5.



The changes referred to in paragraph 1 of this Protocol will enter into force in accordance with

the provisions of article XXX of the agreement after the deposit of instruments of acceptance within the meaning of

paragraphs 3 and 4 of this Protocol, all Governments, which are at that time

the Contracting Parties.



6.



The Secretary-General of the United Nations shall inform all interested Governments about

any acceptance of the amendments provided for in this Protocol and the date when the

the changes will take effect.



7.



The Secretary-General shall be empowered to carry out registration of this

Log in appropriate time.



On the CONSCIENCE of the representatives of the Governments of the above, due to the fact

permissions, have signed this Protocol.



Done at Geneva, in a single copy in the English and French languages,

as both texts are authentic, 14 July 2004. September of the year one thousand

devítistého fortieth eighth.



For the Australian Federation of States:



J. A. TONKIN



For the Kingdom of Belgium:



MAX SUETENS



For the United States of Brazil:



JOAO CARLOS MUNIZ



For Canada:



L. D. WILGRESS



In Ceylon:



OLIVER GOONETILLEKE



For the Republic of China:



WUNSZ KING



For the Republic of Cuba:



GUSTAVO GUTIERREZ



For the Republic of Czechoslovakia:



ZDENĚK AUGENTHALER



For the Republic of the French:



ANDRÉ PHILIP



For India:



CHANDULAL CHUNILAL DESAI



In Lebanon:



MOUSSA MOBARAK



For the Grand Duchy of Luxembourg:



J. WOULBROUN



For the Kingdom of the Netherlands:



E. DE VRIES



In New Zealand:



L. S. NICOL



For the Kingdom of Norway:



CLOSE TO AIRPORT OFTEDAL



In Pakistan:



S. A. HASNIE



For Southern Rhodesia:



R. J. SHACKLE



At The Sorbonne:



HASSAN DJEBBARA



For The Union Of South Africa:



L. C. STEYN



For the United Kingdom of Great Britain and Northern Ireland:



R. J. SHACKLE



For the United States:



LEROY D. STINEBOWER