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Law No. 133 Of 22 December 1994

Original Language Title:  LEGE nr. 133 din 22 decembrie 1994

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LEGE No. 133 of 22 December 1994 for the ratification of the Marrakech Agreement on the establishment of the World Trade Organisation, the International Agreement on bovine meat and the International Dairy Agreement concluded in Marrakech on 15 April 1994
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR NO. 360 of 27 December 1994



The Romanian Parliament adopts this law + Article 1 The following international agreements are ratified: -Marrakech Agreement on the Establishment of the World Trade Organization, concluded in Marrakech on 15 April 1994; -International bovine meat agreement concluded in Marrakech on 15 April 1994; -International Dairy Agreement concluded in Marrakech on 15 April 1994. + Article 2 The customs duties in Romania's import customs tariff will be lower or at most equal to the level specified in List no. LXIX-Romania, annexed to the Marrakech Protocol. + Article 3 The Ministry of Commerce will publish, periodically, the changes in the import and export regime that intervene as a result of the application of the commitments made by Romania under the Marrakech Agreement on the establishment of the World Trade Organization. This law was adopted by the Senate at the meeting of December 14, 1994, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. SENATE PRESIDENT prof. univ. dr. OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at the meeting of December 19, 1994, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE MARRAKECH AGREEMENT establishing the World Trade Organisation *) Note * *) Translation The Parties to this Agreement, recognising that their trade and economic relations must be geared towards raising the standard of living, achieving full use of labour and a high and ever-increasing level of real income and demand effective and to increase production and trade in goods and services, while allowing the optimal use of world resources in line with the Sustainable Development Goal, in order to protect and preserve the environment and, at the same time, strengthening the means of achieving it in a manner that is compatible with the respective needs and concerns at different levels of economic development, recognising, on the other hand, that it is necessary to make positive efforts for developing countries and, in particular, the least developed of them, to secure part of the growth of international trade that corresponds to the the needs of their economic development, willing to contribute to the achievement of these objectives by concluding agreements, on the basis of reciprocity and mutual advantages, substantially reducing customs duties and other obstacles to trade, and eliminating discrimination in international trade relations, decided, accordingly, to implement an integrated, more visible and sustainable multilateral trading system to encompass the General Agreement on Customs and Trade tariffs, the results of the efforts to liberalise trade undertaken in the past, as well as all the results of the Uruguay Round multilateral trade negotiations, determined to preserve the fundamental principles and to foster the achievement of the objectives that support this multilateral trading system, agree as follows: + Article 1 Establishment of The World Trade Organization (hereinafter referred to as O.M.C.) shall be established on the basis of this Agreement. + Article 2 The action area of the O.M.C. 1. O.M.C. shall serve as a common institutional framework for the conduct of trade relations between its members with regard to matters relating to the related agreements and legal instruments listed in Annexes *) to this Agreement. 2. Agreements and related legal instruments contained in Annexes no. 1, 2 and 3 (hereinafter referred to as multilateral trade agreements) shall form an integral part of this Agreement and shall be binding on all members. 3. Agreements and related legal instruments contained in Annex no. 4 (hereinafter referred to as plurilateral trade agreements) shall also form part of this Agreement for members who have accepted them and are binding on those members. Plurilateral trade agreements create neither obligations nor rights for members who have not accepted them. 4 4. General Agreement for Customs Tariff and Trade 1994, as contained in Annex no. 1A (hereinafter referred to as G.A.T.T. 1994) is legally distinct from the General Agreement on Customs Tariff and Commerce dated October 30, 1947, annexed to the Final Act adopted at the conclusion of the second session of the Preparatory Commission of The United Nations Conference on Trade and Use of the Labour Force, as it was rectified, amended or subsequently amended (hereinafter referred to as G.A.T.T. 1947). + Article 3 O.M.C. functions. 1. O.M.C. will facilitate the implementation, administration and operation of this Agreement and multilateral trade agreements, foster the achievement of their objectives and also serve as a framework for administration and operation. Plurilateral trade agreements. 2. The O.M.C. shall be the forum for negotiations among its members on their multilateral trade relations relating to matters covered in the agreements contained in the Annexes to this Agreement. The O.M.C. will also be able to serve as a forum for other negotiations among its members on their multilateral trade relations, as well as the framework for implementing the results of these negotiations, according to those who will could be decided by the Ministerial Conference. 3. O.M.C. will administer the Memorandum of Agreement on the rules and procedures for the regulation of disputes (hereinafter referred to as the Memorandum of Agreement on the Settlement of Disputes), contained in Annex no. 2 2 to this Agreement. 4. O.M.C. will administer the Trade Policy Examination Mechanism (hereinafter referred to as TPRM), set out in Annex no. 3 3 to this Agreement. 5. In order to ensure greater consistency in the development of global economic policies, the O.M.C. will cooperate, as will be appropriate, with the International Monetary Fund and the International Bank for Reconstruction and Development and the its affiliated institutions. + Article 4 Structure O.M.C. 1. A ministerial conference composed of representatives of all members will be constituted, which will meet at least once every 2 years. The ministerial conference will exercise the functions of the O.M.C. and take the necessary measures for this purpose. The Ministerial Conference will be empowered to take decisions on all matters pertaining to any multilateral trade agreement, if a member so requests, according to the specific provisions relating to decision-making, which are set out in this Agreement and the Multilateral Trade Agreement. 2. A general council composed of representatives of all members will be constituted, which will meet as appropriate. In the interval between the meetings of the Ministerial Conference, its functions shall be exercised by the General Council. The General Council shall also exercise the functions conferred on it by this Agreement. He will establish his own rules of procedure and approve the rules of procedure of the committees provided for in paragraph 7. 3. The General Council shall meet, as appropriate, to discharge the functions of the Dispute Regulatory Body set out in the Memorandum of Agreement on the Settlement of Disputes. The regulatory body of disputes will be able to have its own president and set out the rules of procedure that it will appreciate necessary to pay off these functions. 4. The General Council shall meet, as appropriate, to discharge the functions of the Trade Policy Review Body provided for in the TPRM. The trade policy review body will be able to have its own president and set out its own rules of procedure that it will consider necessary to pay off these functions. 5. A council for trade in goods, a council for trade in services and a council for trade issues related to intellectual property rights (hereinafter referred to as the TRIPS Council), which will act under general guidance of the General Council. The Trade in Goods Council will supervise the operation of the multilateral trade agreements contained in Annex no. 1 A. The Board for Trade in Services will supervise the operation of the General Agreement for Trade in Services (hereinafter referred to as G.A.T.S.). The TRIPS Board will supervise the functioning of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the TRIPS Agreement) These councils will exercise the functions assigned to them by the respective agreements as well as by the General Council. They will set their own rules of procedure, subject to approvals by the General Council. Representatives of all members will be able to attend these councils. These councils will come together as necessary to pay off their functions. 6. The Council for Trade in Goods, the Council for Trade in Services and the Council for TRIPS shall constitute their own subsidiary bodies as required. These subsidiary bodies will establish rules of procedure subject to their approval by the respective council. 7. The ministerial conference will constitute a committee on trade and development, a committee on restrictions applied for balance of payments reasons and a committee on budget, finance and administration, which will exercise the functions they are awarded by this Agreement, as well as through multilateral trade agreements, as well as any additional functions assigned to them by the General Council, and will be able to constitute additional committees to which it will confer the functions on who will consider them appropriate. Within its functions, the Trade and Development Committee will regularly review the special provisions of multilateral trade agreements in favour of the least developed member countries and report to the General Council for it to take appropriate measures. Representatives of all members will be able to attend these committees. 8. The bodies provided for in the plurilateral trade agreements shall exercise the functions assigned to them by virtue of these agreements and shall act within the institutional framework of the O.M.C. They will regularly inform the General Council of their work. + Article 5 Relationships with other organizations 1. The General Council will conclude appropriate arrangements to ensure effective cooperation with the other intergovernmental organizations that have related functions with those of the O.M.C. 2. The General Council will be able to conclude appropriate arrangements for consultation and cooperation with non-governmental organizations dealing with issues related to those that the O.M.C. manages. + Article 6 Secretariat 1. A secretariat of the O.M.C. will be constituted ((hereinafter referred to as the Secretariat) led by a Director-General. 2. The Ministerial Conference shall appoint the Director General and shall adopt rules relating to the powers, duties, working conditions and term of office of the Director General. 3. The Director-General shall appoint the staff members of the Secretariat and shall determine their duties and conditions of employment, according to the rules adopted by the Ministerial Conference. 4. The functions of the Director-General and staff of the Secretariat will have an exclusive international character. In carrying out their duties, the Director-General and the Secretariat staff will neither request nor accept instructions from any government or external authority O.M.C. They will refrain from any act incompatible with their situation as international officials. Members of the O.M.C., will respect the international character of the functions of the Director-General and the Secretariat staff and will not attempt to influence them in the performance of their duties + Article 7 Budget and contributions 1. The Director-General shall submit to the Budget, Finance and Administration Committee the draft budget and the annual financial report of the O.M.C. The Budget, Finance and Administration Committee will examine the draft budget and the annual financial report submitted by the Director-General and make recommendations on them to the General Council. The draft annual budget will be submitted to the General Council. 2. The Budget, Finance and Administration Committee will propose to the General Council a financial regulation that will include provisions on: a) the scale of the contributions to be allocated to the expenditure of the O.M.C., among its members; and b) the measures to be taken in respect of members who have arrears of their contributions. The financial regulation will be based, insofar as it will be attainable, on the rules and practices of G.A.T.T. 1947. 3. The General Council shall adopt the Financial Regulation and the draft annual budget by a two-thirds majority, comprising more than half of the members of the O.M.C. 4. Each member shall pay to the O.M.C., as soon as possible, the contribution corresponding to his part of the O.M.C. expenses, according to the Financial Regulation adopted by the General Council. + Article 8 Status O.M.C. 1. O.M.C. will have legal personality and each of its members will give him the necessary legal capacity for the exercise of his functions. 2. Each member shall give O.M.C. the privileges and immunities necessary for the exercise of its functions. 3. O.M.C. officials and members ' representatives will be granted, by each of the members, the privileges and immunities that will be required for them for the totally independent exercise of their functions in relation to the O.M.C. 4. The privileges and immunities that will be granted, by an O.M.C. member, its officials and representatives of its members, will be analogous to the privileges and immunities enshrined in the Convention on the Privileges and Immunities of the Institutions specialized, approved by the United Nations General Assembly on November 21, 1947. 5. O.M.C. will be able to enter into a headquarters agreement. + Article 9 Decision making 1. O.M.C. will keep the practice of decision-making by consensus followed by virtue of G.A.T.T. 1947 * 1). Unless otherwise provided, if it is not possible to reach a decision by consensus, the decision on the issue examined will be taken by vote. At the meetings of the Ministerial Conference and the General Council, each O.M.C. member will have one vote. In cases where the European Communities will exercise their right to vote, they will have a number of votes equal to that of the number of their member states * 2) who are O.M.C. Members The decisions of the Ministerial Conference and the General Council will be taken by a majority of the votes cast, provided that this Agreement or the Multilateral Trade Agreement does not otherwise dispose of * 3). 2. The Ministerial Conference and the General Council shall have the exclusive power to adopt interpretations of this Agreement and of multilateral trade agreements. In case of interpretation of a multilateral trade agreement contained in Annex no. 1 1, they shall exercise their authority on the basis of a recommendation of the council which supervises the operation of that agreement. The decision to adopt an interpretation shall be taken by a majority of three quarters of the members. This paragraph shall not be used in a manner liable to erode the provisions of art. 10 10 on amendments. 3. In exceptional circumstances, the Ministerial Conference will be able to decide to grant a member a waiver from one of the obligations imposed on it by this Agreement or by one of the multilateral trade agreements, provided that a such decision shall be taken by three quarters * 4) of the number of members, unless otherwise provided for in this paragraph. a) A request for derogation relating to this Agreement shall be submitted to the Ministerial Conference for consideration in accordance with the decision-making practice by consensus. The ministerial conference will set a deadline for examining the application that will not exceed 90 days. If consensus is not met within this deadline, any decision to grant a waiver will be made by three-fourths * 4) of the membership. b) A request for derogation relating to the multilateral trade agreements contained in Annexes no. 1 A, 1 B or 1 C and in their annexes shall first be presented to the Council for trade in goods, to the Council for Trade in Services or to the TRIPS Council, as the case may be, for examination, within a period not exceeding 90 days. At the end of this period, the notified council will report to the Ministerial Conference. 4. A decision taken by the Ministerial Conference to grant a derogation shall indicate the exceptional circumstances justifying the decision, the modalities and conditions governing the application of the derogation and the date on which it expires. Any derogation granted for a period of more than one year shall be reviewed by the Ministerial Conference at the latest one year after it has been granted and, further, each year until it ceases. At each examination, the Ministerial Conference will determine whether the exceptional circumstances that justified the derogation are maintained and whether the modalities and conditions accompanying the derogation have been complied with. Based on the annual examination, the Ministerial Conference will be able to extend, amend or repeal the derogation 5. Decisions under a plurilateral trade agreement, including any decisions relating to interpretations and derogations, shall be governed by the provisions of that agreement. + Article 10 Amendments 1. Any member of the O.M.C. will be able to take the initiative of a proposal for amendments to the provisions of this Agreement or multilateral trade agreements contained in Annex no. 1, presenting the proposal to the Ministerial Conference. The councils listed in paragraph 5 of art. 4 4 will also be able to submit to the Ministerial Conference proposals for amendments to the provisions of the respective multilateral trade agreements contained in Annex no. 1, to which they supervise their operation. Unless the Ministerial Conference decides on a longer period, within a period of 90 days after the proposal has been formally presented to the Ministerial Conference, any decision of the Ministerial Conference to present members, for acceptance, the proposed amendment will be taken by consensus. Provided that the provisions of paragraphs 2, 5 or 6 are not applicable, this decision shall state whether the provisions of paragraphs 3 or 4 will apply. If there is consensus, the Ministerial Conference will immediately present the proposed amendment to the members. If there is no consensus at a meeting of the Ministerial Conference within the set period, the Ministerial Conference will decide, by a two-thirds majority of the members, to present or not to submit, for acceptance, the amendment. Proposed. Subject to the provisions of paragraphs 2, 5 and 6, the provisions of paragraph 3 will be applicable to the proposed amendment, unless the Ministerial Conference decides, by a majority of three-fourths of the members, that the provisions paragraph 4 to be applied. 2. Amendments to the provisions of this Article and to the provisions of the articles listed below shall not enter into force unless they are accepted by all members: --art. 9 9 of this Agreement; --art. I and II of G.A.T.T. 1994; --art. II: I al G.A.T.S.; --art. 4 4 of the TRIPS Agreement. 3 3. Amendments to the provisions of this Agreement or to the multilateral trade agreements contained in Annexes 1 A and 1 C, other than those which are listed in paragraphs 2 and 6, such as to amend the rights and obligations of the members, shall enter in force with regard to the members who will be accepted, as soon as they have been accepted by two thirds of the members and subsequently to any other member, as soon as he has accepted them. The ministerial conference will be able to decide, by a majority of three-fourths of the members, that an amendment that has actually become by virtue of this paragraph is such that all members who do not accept it within a fixed period by the Ministerial Conference in each individual case will be able to withdraw from the O.M.C. or continue to be its members with the consent of the Ministerial Conference. 4. Amendments to the provisions of this Agreement or to the multilateral trade agreements contained in Annexes no. 1 A and 1 C, other than those which are listed in paragraphs 2 and 6, of a nature which does not alter the rights and obligations of the members, shall have an effect on all members as soon as they have been accepted by two thirds of the number members. 5. Subject to the provisions of paragraph 2 above, the amendments to Parts I, II and III of the G.A.T.S. and to the respective annexes shall enter into force, with respect to the members who will be accepted, as soon as they have been accepted by to two thirds of the members and, subsequently, to each member, as soon as he has accepted them. The ministerial conference will be able to decide, by a majority of three-fourths of the members, that an amendment that will be entered into force by virtue of the preceding provision is such that any member who will not be accepted in a the term fixed by the Ministerial Conference in each individual case may withdraw from the O.M.C. or continue to be a member thereof with the consent of the Ministerial Conference. Amendments to Part IV, V and VI of the G.A.T.S. and to those Annexes will enter into force, as soon as they have been accepted by two thirds of the members. 6. Regardless of the other provisions of this Article, amendments to the TRIPS Agreement, which meet the requirements of paragraph 2 of art. 71 of that agreement, will be able to be adopted by the Ministerial Conference without another formal acceptance procedure. 7. Any member who will accept an amendment to this Agreement or a multilateral trade agreement contained in Annex no. 1 will submit an instrument of acceptance to the general manager of the O.M.C. within the deadline set by the Ministerial Conference for Acceptance. 8. Any member of the O.M.C. will be able to initiate an amendment proposal to the provisions of the multilateral trade agreements contained in Annexes no. 2 and 3, presenting that proposal to the Ministerial Conference. Decision approving the amendments to the multilateral trade agreement contained in Annex no. 2 will be taken only by consensus, and those amendments will enter into force on all members as soon as they have been approved by the Ministerial Conference. Decisions approving amendments to the multilateral trade agreement contained in Annex no. 3 will enter into force, with regard to all members, as soon as the Ministerial Conference is approved. 9. The ministerial conference, at the request of the members parties to a trade agreement, will be able to decide exclusively by consensus to add this agreement to Annex no. 4. The ministerial conference, at the request of the members parties to a plurilateral trade agreement, will be able to decide to exclude the respective agreement from Annex no. 4. 10. Amendments to a plurilateral trade agreement shall be governed by the provisions of that Agreement. + Article 11 Original Members 1. Contracting Parties to G.A.T.T. 1947 on the date of entry into force of this Agreement and the European Communities, which accept this Agreement and multilateral trade agreements and for which the lists of concessions and commitments are annexed to G.A.T.T. 1994, as well as for which specific commitments lists are attached to G.A.T.S., will become original members of the O.M.C. 2. The least developed countries recognized as such by the United Nations will not be held to make commitments and make concessions except to a degree compatible with the development, financial and commercial needs of each of them. or with their administrative and institutional capacities. + Article 12 Accession 1 1. Any distinct state or customs territory having full autonomy in the conduct of its foreign trade relations and for other matters covered by this Agreement and in multilateral trade agreements will be able to accede to this Agreement in the conditions that will be agreed between this and the O.M.C. This accession will be valid for this Agreement and for the multilateral trade agreements which are annexed to it. 2. The decisions on accession will be made by the Ministerial Conference. The ministerial conference will approve the agreement on the modalities of accession by a two-thirds majority of the O.M.C. 3. Accession to a plurilateral trade agreement will be regulated by the provisions of that agreement. + Article 13 Non-application of multilateral trade agreements 1 1. This Agreement and the multilateral trade agreements contained in Annexes no. 1 and 2 will not apply between a member and any other member, if one of the two, at the time he becomes a member, does not consent to this application. 2. Paragraph 1 shall not be invoked between the original members of the O.M.C. who were contracting parties to the G.A.T.T. 1947 unless art. The XXXV of that Agreement had been previously invoked and was in force between those Contracting Parties at the time of entry into force of this Agreement. 3. Paragraph 1 shall not apply between a member and another member who has acceded on the basis of art. 12 unless the member who does not consent has notified this Ministerial Conference before it has approved the agreement on the modalities of accession. 4. Upon request of a member, the Ministerial Conference will be able to examine the operation of this article in particular cases and make the necessary 5. The non-application of a plurilateral trade agreement between the parties to that agreement shall be governed by the provisions of that agreement. + Article 14 Acceptance, entry into force and storage 1. This Agreement shall be open for acceptance, by signature or otherwise, by the Contracting Parties to the G.A.T.T. 1947 and the European Communities, which are admitted to become members originating in the O.M.C. according to art. 11 11 of this Agreement. This acceptance will be valid for this Agreement and for the multilateral agreements attached to it. This Agreement and the multilateral trade agreements attached to it shall enter into force on the date fixed by the Ministers in accordance with paragraph 3 of the Final Act, comprising the results of the Uruguay Round of multilateral trade negotiations, and will remain open to acceptance for a period of 2 years from this date, if ministers do not decide otherwise. An acceptance taking place after the entry into force of this Agreement shall enter into force on the 30th day following the date of such acceptance. 2. A member who will accept this Agreement after its entry into force will implement the concessions and obligations provided for in the multilateral trade agreements, which must be implemented within a period from the entry into force of this Agreement, as if he had accepted this Agreement on the date of its entry into force. 3. Until the entry into force of this Agreement, the text of this Agreement and the Multilateral Trade Agreements shall be deposited with the Director-General of the Contracting Parties to the G.A.T.T. 1947. The Director-General shall submit as soon as possible to each Government and to the European Communities which have accepted this Agreement a certified copy of this Agreement and of the Multilateral Trade Agreements, as well as a notification of Every acceptance. This Agreement and the Multilateral Trade Agreements, as well as any amendments to be made to them, shall be stored, upon the entry into force of this Agreement, to the Director General of the O.M.C. 4. The acceptance and entry into force of a plurilateral trade agreement shall be governed by the provisions of that agreement. Agreements of this type will be stored at the Director General of the Contracting Parties to G.A.T.T. 1947. Upon entry into force of this Agreement, these agreements shall be deposited with the Director General of the O.M.C. + Article 15 Withdrawal 1. Any member may withdraw from this Agreement. This withdrawal will apply both to this Agreement and to multilateral trade agreements, and will enter into force upon expiration of a 6-month deadline calculated from the date on which the Director General of the O.M.C. will be given notice. written about it. 2. The withdrawal from a plurilateral trade agreement will be governed by the provisions of that agreement. + Article 16 Various provisions 1 1. Except for the contrary provisions of this Agreement or in multilateral trade agreements, the O.M.C. shall be guided by the usual decisions, procedures and practices of the Contracting Parties to the G.A.T.T. 1947 and to the constituent bodies within the framework of the G.A.T.T. 1947. 2. To the extent that it will be attainable, the Secretariat of G.A.T.T. 1947 will become the Secretariat of the O.M.C. and, until the Ministerial Conference will appoint the Director General according to paragraph 2 of art. 6 of this Agreement, the Director General of the Contracting Parties to G.A.T.T. 1947 shall perform the functions of the Director General of O.M.C. 3. in case of conflict between a provision of this Agreement and a provision of one of the multilateral trade agreements, the provision of this Agreement shall prevail to the extent of the conflict. 4. Each member shall ensure compliance of laws, regulations and administrative procedures with its obligations, as set out in the agreements contained in the Annexes. 5. No reservations may be made in respect of a provision of this Agreement. No reservations may be made with regard to the provisions of the multilateral trade agreements only to the extent provided for in those agreements. Reserves relating to a provision of a plurilateral trade agreement shall be governed by the provisions of that Agreement. 6. This Agreement shall be registered as provided for in art. 102 of the United Nations Charter. Concluded in Marrakech, on 15 April one thousand nine hundred and ninety-four, in one copy, in English, French and Spanish, the three being equally authentic. Note * *. The Annexes shall be published later. *. The body concerned shall be deemed to have taken a decision by consensus on a problem with which it has been referred, if no member present at the meeting during which the decision is taken shall not officially oppose the proposed decision. * *. The number of votes of the European Communities and their Member States shall in no case exceed the number of Member States of the European Communities. * * 3) The decisions of the General Council, when it meets as a regulatory body of disputes, shall be taken only in accordance with the provisions of paragraph 4 of art. 2 of the Memorandum of Agreement on the regulation of disputes. * * 4) A decision granting a derogation relating to any obligation subject to a transitional period or to a period of gradual implementation which the requested member has not put into practice by the end of that period shall be taken. only by consensus. EXPLANATORY NOTES: The term country, as used in this Agreement and in multilateral trade agreements, must be construed as including any separate customs territory of the O.M.C. With regard to the distinct customs territory of the O.M.C., in cases where the national qualifier will accompany an expression used in this Agreement and in multilateral trade agreements, this expression shall be construed, in the absence of a provision to the contrary, to the customs territory concerned. ------------------