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
