211/1948 Coll.
GOVERNMENT DECREE
of 23 December 2003. June 1948
which lists the provisional validity of the Protocol of 24 September. in March 1948,
which are amended certain provisions of the General Agreement on tariffs and
trade, published in collection of laws and regulation under Act No. 59/1948, and
Special Protocol of 24 September. in March 1948, which amends article. XIV
the same agreement.
According to § 1 of the law of 4 March. in July 1923, no. 158 of the provisional
Edit a business contact with the cizinou, and according to the article. (VII) of the Act of 22 December 2004.
in June 1926, no. 109, Coll., which partly amended the law on customs tariff
for the Czechoslovak customs territory and the customs tariff and the provisions of the
Edit a business contact with the cizinou, I declare:
According to the resolution of the Government of the Czechoslovak Republic of 27 April. April 1948 and
with the agreement of the President of the Republic in the interim force with
effect from 1. in May 1948 the Protocol of 24 September. in March 1948, which
amending certain provisions of the General Agreement on tariffs and trade,
published in collection of laws and regulations. No 59/1948, and Special
the Protocol of 24 September. in March 1948, which amends article. XIV of the same agreement.
In the annex to this Decree, the Government shall be published in the original language English
and the French and Czech translation of the texts of the said Protocols.
Zápotocký in r.
(Translation)
PROTOCOL
which are amended certain provisions of the General Agreement on tariffs and
trade.
The Government of the Australian State, the Kingdom of Belgium, Canada, the Republic of
The Republic of Cuba, the Grand Duchy of Luxembourg, the French, the Kingdom of
The Netherlands, the United Kingdom of great Britannia and Northern Ireland and the
The United States of America, acting in its capacity of the Contracting Parties
The General Agreement on tariffs and trade, and
the Government of the United States of Brazil, Burma, Ceylon, the Republic of Chile,
the Republic of China, the Republic of Czechoslovakia, India, Lebanon, New
Zealand, the Kingdom of Norway, Pakistan then, Southern Rhodesia, Syria, and
The Union of South Africa, which acts in its capacity as the signatories of the final
the Act, adopted at the end of the second session of the Preparatory Committee
United Nations Conference on trade and employment, which the text
The General Agreement on tariffs and trade became authentic.
Desiring to change the text of certain provisions of the General Agreement on tariffs and
trade with regard to the text of the Havana Charter for an international trade
the Organization, which became the final act of the Conference of the authentic
The United Nations on trade and employment,
Usnášejí is as follows:
(I).
Article XXV, paragraph 5 of the General Agreement on tariffs and trade will be zníti
as follows:
5.
(a) in exceptional circumstances, which is not adequate in other articles
This agreement, the Contracting Parties may zprostiti any Contracting Party
of any obligation arising under this Agreement, provided that any such
the decision will be approved by a two-thirds majority of the votes cast and
that such a majority will include more than half of the Contracting Parties.
A majority of the Contracting Parties may also
(i) certain types of recitative must be defined exceptional circumstances, under which it will be
pay through the other voting conditions for exemption from the party of one
or more of the commitments and
(ii) předepsati the criteria necessary for the implementation of this subparagraph.
(b) If a party does not meet without proper justification
commitment to art with another party in the negotiations, what are the
laid down in paragraph 1 of article 17 of the Havana Charter, Contracting Parties may
on the complaint and the investigation carried out after the povoliti party
a complaint filed to stop against the other party to battle dragons
concessions provided for in the appropriate schedule to this agreement. When assessing whether
designated Contracting Party did not honor the commitment, the Contracting Parties shall take into account
to all the circumstances, including the crucial needs for development, reconstruction
and other needs, to the general fiscal structure of the Contracting
the parties and also to the provisions of the Havana Charter as a whole. If
the use of these concessions actually stopped to shop other
the parties used the rates higher than those which would otherwise be
should this second battle dragons, a Contracting Party may, in writing, oznámiti
not later than sixty days after such measures take effect,
he intends to vypověděti this agreement. This resignation will take effect after the
the expiration of sixty days from the date on which the Contracting Parties will receive written
notice of this termination.
(c) the provisions of subparagraph (b) shall not apply between the two Contracting
the parties, which include the Charter of concessions concessions originally between them
the agreed.
(d) the provisions of subparagraphs (b) and (c) shall not apply before 1. in January 1949.
II.
Paragraph 1 of article XXXII of the General Agreement on tariffs and trade will be zníti
as follows:
"The parties to this Agreement shall mean those Governments which are applying the
the provisions of this agreement under Article XXVI or XXXIII or pursuant to the
The Protocol referred to in the interim. "
III.
Article XXXIII of the General Agreement on tariffs and trade will be zníti:
"The Government, which is not a Contracting Party to this agreement or any Government
acting under separate customs territory which has full autonomy in the management of the
its foreign trade relations and other things covered by this
The agreement, may přistoupiti to this agreement for yourself or it territory for
the conditions, which the Government agreed to by the parties.
The decision of the Contracting Parties, within the meaning of this paragraph requiring
a two-thirds majority. "
IV.
Article XXXIV of the General Agreement on tariffs and trade, the following
Article:
Article. XXXV
1. Without prejudice to the provisions of paragraph 5 (b) of article XXV or some
the Contracting Parties arising from paragraph 1 of article XXIX this agreement,
or alternatively Article II of this agreement, will not be used between any
Contracting Party and any other Contracting Party in the case
(a) the two Contracting Parties, the initiation of mutual negotiations on tariffs and
(b) that one of the two Contracting Parties, at the time, when one of them
becomes a Contracting Party, agree with their use.
2. At any time before the entry into force of the Havana Charter, Contracting
přezkoumati the parties in individual cases, the scope of this article to
the request of a Contracting Party and make appropriate recommendations. "
In the.
Apart from the provisions of article XXX of the General Agreement on tariffs and trade,
the changes contained in parts I to IV, including this Protocol shall become
an integral part of the General Agreement on tariffs and trade on the day 15. April 1948.
The signature of this Protocol, any Government, which at the time of signing is not
Contracting Party to the General Agreement on tariffs and trade, it came to mean never, that
the texts of the amendments to the General Agreement on tariffs and trade, contained in this
The Protocol, to authenticate. Any Government appointed in the second paragraph of
the foreword to this Protocol has the ability to podepsati it to the 1. may
1948.
The original of this Protocol shall be deposited with the Secretary-General of the United
the Nations, which is authorized to register.
On the conscience is the responsibility of the representatives, duly, permission to
have signed this Protocol.
Given in Havana, in a single copy, in the English language, both
texts are authentic, this twenty-fourth of March 1948.
For the Australian Federation of States:
H. C. Coombs
For the Kingdom of Belgium:
M. Suetens
For the United States of Brazil:
A. de Vilhena Ferreira Braga
In Burma:
M. Myat Tun
For Canada:
L. D. Wilgress
In Ceylon:
(B). Mahadeva
For the Republic of Chile:
W. Mller
For the Republic of Cuba:
Gustavo Gutierrez
For the Republic of the Czechoslovak:
From Augenthaler.
For the Republic of France:
Jean Royer
For India:
Hardit Singh Malik
In Lebanon:
Georges Hakim
For the Grand Duchy of Luxembourg:
J. Woulbroun
For the Kingdom of the Netherlands:
And B. Speekenbrink
In New Zealand:
W. Nash
For the Kingdom of Norway:
Arae Scouts
In Pakistan:
M. And H. Ispahani
For Syria:
Sawwaf Husny And.
For the United Kingdom of great Britannia and Northern Ireland:
Stephen L. Holmes
For the United States:
John W. Evans
(Translation)
A SPECIAL PROTOCOL,
which amends article XIV. The General Agreement on tariffs and trade.
The Government of the Australian State, the Kingdom of Belgium, Canada, the Republic of
The Republic of Cuba, the Grand Duchy of Luxembourg, the French, the Kingdom of
The Netherlands, the United Kingdom of great Britannia and Northern Ireland and the
The United States of America, acting in its capacity of the Contracting Parties
the General Agreement on tariffs and trade, and
the Government of the United States of Brazil, Burma, Ceylon, the Republic of Chile,
the Republic of China, the Republic of Czechoslovakia, India, Lebanon, New
Zealand, the Kingdom of Norway, Pakistan then, Southern Rhodesia, Syria and
The Union of South Africa, acting in its capacity of the signatories of the final
the Act, adopted at the end of the second session of the Preparatory Committee
United Nations Conference on trade and employment, which the text
The General Agreement on tariffs and trade became authentic.
Desiring to change the text of article XIV of the General Agreement on tariffs and trade
with regard to the text of the Havana Charter for an international trade
Organization, which became the final act of the Conference of the authentic
The United Nations on trade and employment,
usnášejí is as follows:
(I).
From 1 January 2006. in January 1949, article XIV of the General Agreement on tariffs and trade
will be zníti as follows:
Article. XIV.
Derogations from the rules of non-discrimination.
1.
(a) the Contracting Parties recognize that the consequences of the war have brought difficult
problems in the marketing application, which do not allow immediate, full
implementation of non-discriminatory quantitative restrictions and, therefore, require
the imposition of exceptional measures for a transitional period, which are listed
in this paragraph.
(b) a Contracting Party which carries out the restrictions under article XII,
the use of such restrictions is odchýliti from the provisions of article XIII
in a way, that has an equivalent effect as restricting salaries and transfers in
current international transactions which that Contracting Party restriction
You may at that time uplatňovati within the meaning of articles XIV of the articles of agreement of the
The International Monetary Fund or the special measures referred to in the like
the monetary agreement concluded within the meaning of paragraph 6, article XV.
(c) a Contracting Party which carries out the restrictions under article XII and that day
1 March 1948, engaged in import restrictions for the purpose of maintaining the balance
its balance of payments in the manner odchylujícím rules
non-discrimination, provided for in article XIII, you may let us proceed in this
deviation and even to the extent that, in the aforementioned day was used to be permitted
subparagraph (b), and may přizpůsobovati such a deviation to the changing
in the circumstances.
(d) any Contracting Party which, before the 1. July 1948 signed
Protocol on putting in temporary effectiveness, done at Geneva on 30.
October 1947, and that this signature provisionally adopted the principles of paragraph 1
Article 23 of the draft Charter submitted by the Preparatory Committee of the Conference
The United Nations on trade and employment, may rozhodnouti
by a written notice addressed to the Contracting Parties, before 1. in January 1949, the
will be říditi the provisions in annex J to this agreement, in which annex
These principles are expressed, instead of the provisions of subparagraphs (b) and (c)
of this paragraph. Measures in subparagraphs (b) and (c) will not be vztahovati
the Contracting Parties have decided that, this will be říditi
the provisions of annex J; and on the contrary, the provisions of annex J shall not be
vztahovati on the Contracting Parties which have not made this decision.
(e) the method of dealing with the implementation of the import restrictions, in the postwar
the transitional period, pursuant to subparagraphs (b) and (c) of or annex J
will be determined by the effort to podporovati the largest multilateral development
trade in this period and urychlovati achieve such a State of
balance, not to continue to be uchylovati to the measures of article XII
or a temporary monetary agreements.
(f) any Contracting Party may odchylovati from the provisions of article
XIII, in accordance with the provisions of subparagraphs (b) or (c) of this
paragraph or within the meaning of annex J, only as long as it uses the
measures for the transitional post-war period within the meaning of article XIV of the articles of the
the agreement of the International Monetary Fund, or similar special measures
the monetary agreement concluded in accordance with paragraph 6 of article XV.
(g) not later than 1. March 1950 (t. j. for three years from the date on which the
The International Monetary Fund has begun the activity) and then every other year, the Contracting
the Parties shall issue a report on any measures taken by the Contracting
the parties referred to in subparagraph (b) and (c) of this paragraph or annex J.
March 1952 and then in each subsequent year, each Contracting Party, which shall be
still entitled to do the measures within the meaning of the provisions of subparagraph (c)
or annex J shall consult with the Contracting Parties in respect of each of the derogations
Article XIII, at that time still used pursuant to those provisions, and
regarding the further use of these provisions. After the 1. March 1952, each
the measures, to be carried out in accordance with annex J and beyond the application of the derogations,
which occurred and which the Contracting Parties have reported
neodpodstatněnými or any adaptations of these deviations to changes
circumstances, they will podléhati any restrictions of general nature, which
the Contracting Parties may předepsati taking into account the circumstances in which it is
the Contracting Party concerned.
(h) the Contracting Parties may, if they wish, in exceptional circumstances such
the measures considered necessary, upozorniti any party entitled to
measures in accordance with the provisions of subparagraph (c), that there are favourable conditions
a further application for the abandonment of the derogations from the provisions of article XIII,
or for the total abandonment of all the derogations undertaken in accordance with the
the said subparagraph. After the 1. March 1952, the Contracting Parties
exceptional circumstances do such a warning of any Contracting
the side, which is authorized to do the measures referred to in the provisions of annex J.
The Contracting Party will be granted a reasonable period within which to reply to such
warning. Where a Contracting Party, that Contracting Party is in
unauthorized diverting from the provisions of article XIII, the Contracting Party
shall within 60 days or go omeziti implementation of such a
the derogations referred to in the instructions of the Contracting Parties.
2. Whether there has been a cessation of measures carried out for the transitional period in
the meaning of paragraph 1 (f) or not, the party using the import
the restrictions referred to in article XII of the can, with the consent of the Contracting Parties is odchýliti
temporarily from the provisions of article XIII, concerning the small parts of your
foreign trade, if the benefit arising from them, the competent
the Contracting Party or the relevant Contracting Parties substantially outweigh the
any damage that could vzniknouti the trade of other Contracting
of the parties.
3. The provisions of article XIII shall not preclude restrictions imposed in accordance with the
the provisions of article XII, which either
(a) are carried out by a group of territories, having a common kvotu in
The International Monetary Fund, on imports from other countries, but not with each other,
with the condition that these restrictions are in all other respects, in accordance
with the provisions of article XIII, or
(b) help to 31. in December 1951, measures neznamenajícími
a significant deviation from the provisions of article XIII, another State whose
the economy was rozrušeno war.
4. the contracting party carrying out import restrictions under article XII will not
prevented from Articles XI to XV, inclusive, of this agreement, to use the measures to
management of their exports in a way which would increase their profits in the
foreign currencies and can use it without having to derogate from the provisions of article
XIII.
5. The contractor will not be prevented from including Articles XI to XV of this agreement,
to carry out quantitative restrictions,
(a) which have the same effect as devisová the restrictions permitted under part 3
(b) article VII of the articles of agreement of the International Monetary Fund, or
(b) established pursuant to the preferential adjustments referred to in Annex A to this
Agreement until the outcome of the negotiations, which are mentioned in this annex.
II.
With effect from 1 January 2003. in January 1949, the explanatory notes to article XIV of annex I
The General Agreement on tariffs and trade zníti as follows:
"to article XIV of the
Paragraph 1 (g)
The provisions of paragraph 1 (g) will not be opravňovati the Contracting Parties,
to apply the consultation request in individual transactions, but should
the transaction was of such proportions that would represent an act of total
policy. In that case, the Contracting Parties shall, if so requested by one of the Contracting
the party will not be bráti the transaction in the account, individually, but in relation to the
the overall procedure of the Contracting Party in respect of imports of the
the product.
Paragraph 2
One of the situations, which foresees the situation, paragraph 2, the Contracting
the parties having good obtained from current transactions, which, however, cannot
use it without the discriminatory measures.
III.
With effect from 1 January 2003. in January 1949, attached to the General Agreement on
tariffs and trade in this Annex:
Annex J
Derogations from the rules of non-discrimination
[applicable to the Contracting Parties to decide in accordance
with paragraph 1 (d) of article XIV, paragraph 1, point (b) and 1 (c) of article XIV].
1.
Contracting Party conducting) import restrictions under article XII of the can is
uvolňovati in a way that deviates from the provisions of article XIII, in
extent necessary to ensure that the increased imports were received over the maximum
the quantity of imports, which could uskutečniti in the framework of the provisions of paragraphs 3
(a) and 3 (b) of article XII, if the restriction was completely in accordance with the
Article XIII, under the condition that
(i) the level of the delivery prices of the products imported in this way will not be substantially
převyšovati valid prices of comparable products that are regularly to
available from other Contracting Parties, and that any difference between the
price levels will be so imported products within a reasonable time
progressively reduced;
(ii) the Contracting Party uchylující to make such measures as
part of any agreement, which substantially reduces the supply of gold or
convertible currencies, which party gets, whether directly or
indirectly, for its exports intended for the other Contracting Parties which are not
the parties to such agreement, and below the level that can reasonably be
somehow, that would otherwise have been reached;
(iii) such measures do not cause unnecessary damage to the commercial or
economic interests of any other Contracting Party.
(b) each Contracting Party shall take the measures referred to in this paragraph, the
zachovávati principles of subparagraph (a). The Contracting Party shall refrain from transactions,
that prove contrary to this subparagraph, but not
vyžadovati, to be party persuaded, in cases where it is not
feasible, that the requirements of this subparagraph are met for each
individual transactions.
2 each Contracting Party shall take the measures referred to in paragraph 1 of this
the annex, will be about them regularly informovati the Contracting Parties and will be
poskytovati accessible relevant information, which will be Contracting Parties to the
shall demand.
3. If a Contracting Party whenever they consider that a Contracting Party
the import restrictions on a non-discriminatory manner, with nesrovnávajícím
the exceptions referred to in paragraph 1 of this annex, the Contracting Party within 60 days of the
Removes discrimination or amend in accordance with the instructions of the closer
of the parties; However, any measures pursuant to paragraph 1 of this annex, to the extent
which has been approved by the parties at the request of the Contracting Parties in
management of similar proceedings in accordance with paragraph 4 (c) of article XII, the
naříkatelné under this paragraph, or in accordance with paragraph 4 (d) of article XII
because of this, that is in conflict with the provisions of article XIII.
The explanatory notes to annex J
"The fact that a Contracting Party uses the provisions of part II (a)
Article XX, means that she is the Contracting Party shall not preclude the use of
the provisions of this annex, but that designates an article XVI (including this
Annex) do not restrict any way the rights of the parties arising from the
Part II (a) of article XX. "
IV.
This Protocol may be signed at the headquarters of the United Nations to the 1. June
on behalf of any Government appointed by the 1948 in the introduction to him, which today
didn't sign.
In the.
Apart from the provisions of article XXX of the General Agreement on tariffs and trade
This Protocol shall enter into force on the date when it will be signed by all
Governments, which in that day shall the Contracting Parties to the General Agreement on
tariffs and trade.
The signature of this Protocol, any Government, which on the day of the signature is not
Contracting Party to the General Agreement on tariffs and trade, it came to mean never, that
the text of the amendments of the General Agreement on tariffs and trade, contained in this
The Protocol, it validates.
The original of this Protocol shall be deposited with the Secretary-General of the United
Nations, which is authorized to register.
On the conscience of the respective representatives, duly, permission to
have signed this Protocol.
Given in Havana, in a single copy, in English and French,
as both texts are authentic, this twenty-fourth of March 1948.
For the Australian Federation of States:
H. C. Coombs
For the Kingdom of Belgium:
M. Suetens
For the United States of Brazil:
A. De Vilhena Ferreira Braga
In Burma:
M. Myat Tun
For Canada:
L. D. Wilgress
In Ceylon:
(B). Mahadeva
For the Republic of Chile:
W. Mller
For the Republic of Cuba:
Gustavo Gutíerrez
For the Republic of the Czechoslovak:
From Augenthaler.
For the Republic of France:
Jean Rtoyez
For India:
Hardit Singh Malik
In Lebanon:
Georges Hakim
For the Grand Duchy of Luxembourg:
J. Woulbroun
For the Kingdom of the Netherlands:
And B. Speekenbrink
In New Zealand:
W. Nash
For the Kingdom of Norway:
Arae Scouts
In Pakistan:
M. And H. Ispahani
For Syria:
Sawwaf Husni.
For the United States:
John W. Evans
