Law No. 133 Of 22 December 1994

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

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LAW No. 133 of 22 December 1994 on the ratification of the Marrakesh Agreement establishing the World Trade Organization, the international agreement concerning conversion and international dairy Agreement concluded at Marrakesh on 15 April 1994, the PARLIAMENT published in ISSUING the OFFICIAL GAZETTE NR. 360 of 27 December 1994, the Romanian Parliament adopts this law.


Article 1 shall ratify the following international agreements:-the Marrakesh Agreement establishing the World Trade Organization, done at Marrakesh on 15 April 1994;
-International agreement concerning the conversion, done at Marrakesh on 15 April 1994;
-International Dairy Agreement signed at Marrakesh on 15 April 1994.


Article 2 customs tariff customs duties for import of Romania will be less than or equal to the level specified in List No. LXIX-Romania, annexed to the Marrakesh Protocol.


Article 3 the Ministry of Commerce will publish at regular intervals, changes in import and export regime what occurs as a result of the implementation of commitments entered into by Romania on the basis of the Marrakesh Agreement establishing the World Trade Organization.
This law was adopted by the Senate at its meeting on December 14, 1994, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT Prof. Dr. O'LEARY GAITAN this law was adopted by the Chamber of deputies at its meeting of 19 December 1994, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the CHAMBER of DEPUTIES ADRIAN NASTASE the MARRAKESH AGREEMENT establishing the World Trade Organisation *) Note *) version the parties to this agreement, recognizing that their relations in the trade and economic field should be geared towards improving the standard of living, achieving full use and a high level of growth and inflation real income and effective demand and increased production and trade in goods and services at the same time, allowing optimal use of the world's resources in accordance with the objective of sustainable development, in order to protect the environment and prezervarii and also to strengthen the means of achieving it in a manner that would be compatible with their respective needs and concerns at different levels of economic development, recognizing, on the other hand, that it is necessary to strive for positive as developing countries and in particular, the least developed among them, to provide a part of the growth of international trade which correspond to the needs of their economic development, wishing to contribute to the achievement of these objectives by concluding agreements concerning, on the basis of reciprocity and mutual benefits, substantial reduction of customs duties and other barriers to trade and the elimination for discrimination in international trade relations in consequence, resolute, to implement a multilateral trade system, more visible and more durable, which would comprise the General Agreement on tariffs and trade, the results of the efforts undertaken by the liberalization of trade in the past, and all the results of the round of multilateral trade negotiations, Uruguay determined to preserve the basic principles and to further the achievement of the objectives that support this multilateral trading system , have agreed as follows: Article 1 establishment of the Organization the World Trade Organization (hereafter called O.M.C.) is established on the basis of this agreement.


Article 2 scope of O.M.C.
1. O.M.C. will serve as a common institutional framework for the conduct of trade relations among its members regarding matters related to the agreements and related legal instruments listed in the annexes to this Agreement).
2. the agreements and related legal instruments contained in the appendices. 1, 2 and 3 (hereinafter multilateral trade agreements) are an integral part of this agreement and are binding on all members.
3. the agreements and related legal instruments contained in the annex. 4 (hereinafter referred to as the plurilateral trade agreements) are also part of this agreement for the members that have accepted them, and are binding on those members. Plurilateral trade agreements do not create any obligation and any rights for members that have accepted them.
4. The General Agreement on tariffs and Trade 1994, as contained in the annex. 1a (hereinafter G.A.T.T. 1994) is distinct from the legal point of view of the General Agreement on tariffs and trade, dated 30 October 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 employment, the use of force as it has been rectified, amended or modified later (hereinafter G.A.T.T. 1947).


Article 3 Functions O.M.C.
1. O.M.C. will facilitate the implementation, administration and operation of this agreement and the multilateral trade agreements, will facilitate the achievement of their objectives and will also serve as a framework for the Administration and operation of the plurilateral trade agreements.
2. O.M.C. will be the forum for negotiations among its members concerning their multilateral trade relations relating to matters covered in the agreements contained in the annexes to this agreement. O.M.C. will also be able to serve as a forum for negotiations among its members concerning their multilateral trade relations, as well as a framework for the implementation of the results of these negotiations, according to what will be decided by the Ministerial Conference.
3. Memorandum of use O.M.C. agreement on rules and procedures for the settlement of disputes (hereinafter Memorandum of agreement on the settlement of the dispute), contained in the annex. 2 to this agreement.
4. the mechanism will manage O.M.C. examining trade policies (TPRM), as set out in the annex. 3 to this agreement.
5. In order to ensure a larger coherent economic policy-making at the global level, O.M.C. will cooperate, as appropriate, with the International Monetary Fund and International Bank for reconstruction and development and its affiliated institutions.


Article 4 Structure O.M.C.
1. You will be given a Ministerial Conference composed of representatives of all the members, which shall meet at least once every 2 years. The Ministerial Conference will exercise their functions and will take measures O.M.C. necessary for this purpose. The Ministerial Conference will be empowered to make decisions regarding all aspects of any multilateral trade agreement, if a member request it, according to the specific provisions relating to the taking of decisions, which are set forth in this agreement and the multilateral trade agreement respectively.
2. There will be a general Council composed of representatives of all the members, which shall meet as appropriate. In the interval between meetings of the Ministerial Conference, its functions will be exercised by the general Council. The general Council will exercise the functions conferred on it by this agreement. He will establish its own rules of procedure and approve the rules of procedure of the committees referred to in paragraph 7.
3. The general Council shall convene, as appropriate, in order to carry out the functions of the regulatory Body of disputes provided for in the memorandum of agreement on the settlement of the dispute. The regulatory body will be able to have their own disputes or the President and shall lay down the rules of procedure that you will appreciate the needed to carry out these functions.
4. The general Council shall convene, as appropriate, in order to carry out the functions of examining trade policies provided for in the TPRM. The review of the trade policies will be able to have its own Chairman and shall establish its own rules of procedure which it shall deem necessary to carry out these functions.
5. Will be a Council for trade in goods, a Council for trade in services and a Council for trade-related aspects of intellectual property rights (hereinafter referred to as the ' Council for TRIPS), which will act under the guidance of the General Council. The Council for trade in goods will supervise the operation of the multilateral trade agreements included in annex 4. 1. the Council for trade in services will supervise the functioning of the General Agreement on trade in services (hereinafter referred to as G.A.T.S.). The TRIPS Council will oversee the operation of the agreement on trade-related aspects of intellectual property rights (hereinafter referred to as the TRIPS Agreement). These councils shall exercise the functions assigned to them by the respective agreements as well as by the general Council. They will establish its own rules of procedure, subject to approval by the general Council. Representatives of all members will be able to participate in these councils. These councils shall meet as necessary to carry out 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 after necessities. These subsidiary bodies shall establish their rules of procedure subject to the approval by the Council concerned.

7. the Ministerial Conference shall constitute a Committee on trade and development, a Committee for the restrictions imposed for reasons of balance of payments and a Committee on budget, finance and administration, which shall exercise the functions assigned to them by this agreement and by the multilateral trade agreements, as well as any other additional functions which will be awarded by the general Council , and will constitute additional committees to which they will confer the functions that we will consider appropriate. Within the framework of its functions, the trade and Development Committee shall examine periodically the special provisions of the multilateral trade agreements in favour of the least developed countries and will report to the general Council to take appropriate measures. Representatives of all members will be able to participate in these committees.
8. The bodies provided for in the agreements the plurilateral trade will exercise the functions assigned to them under those agreements and shall operate within the institutional framework of regular they'll inform O.M.C. general Council over the course of their business.


Article 5 Relationship with other organizations 1. The general Council will conclude appropriate arrangements to ensure effective cooperation with other intergovernmental organizations that have related functions with those of 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 they manage O.M.C.


Article 6 the Secretariat 1. It will provide a secretariat of O.M.C. (hereinafter referred to as the Secretariat) headed by a director general.
2. the Ministerial Conference will appoint the Director-general and shall adopt rules concerning the powers, duties, working conditions and the term of Office of the Director general.
3. the Director general shall appoint the staff of the Secretariat and will determine their powers and their conditions of employment, in accordance with the rules adopted by the Ministerial Conference.
4. The functions of the Director-general and the staff of the secretariat will have an exclusive character. In carrying out their duties, the Director-general and the staff of the Secretariat shall neither request nor accept instructions from any Government or authority external O.M.C. They shall refrain from any action incompatible with their situation of international officials. O.M.C. with members, the international character of the functions of the Director general and the staff of the Secretariat and will not try to influence them them in carrying out their tasks.


Article 7 budget and contributions 1. The Director general shall submit to the Committee on budget, finance and administration the draft budget and the annual financial report of the Budget Committee, O.M.C. finance and Administration will examine the draft budget and the annual financial report presented by the Director-general and will make recommendations on these to the general Council. The draft budget will be submitted annually to the approval of the general Council.
2. The Committee on budget, finance and Administration will propose to the general Council financial regulations which shall include provisions relating to: (a) contributions by which scale) allocated expenditure, O.M.C. among its members; and b) the measures to be taken in respect of members who have arrears with their contributions.
  

Financial regulation will be based, to the extent feasible, will be on the rules and practices of the G.A.T.T. 1947.
3. The general Council shall adopt the financial regulation and the draft annual budget with a two-thirds majority comprising more than half the members O.M.C.
4. Each Member will shed the O.M.C., within the shortest time, corresponding to its contribution to the party of the costs, in accordance with financial regulation O.M.C. adopted by the general Council.


Article 8 status of O.M.C.
1. will have legal personality, O.M.C. and each of its members will confer legal capacity necessary for the exercise of its functions.
2. Each Member will confer privileges and immunities O.M.C. necessary for exercising its functions.
3. The officials and members of the House of representatives O.M.C. will be awarded by each of the members, the privileges and immunities that are necessary for the independent exercise of their functions are total in relation to O.M.C.
4. Privileges and immunities to be accorded by a member, its officials and O.M.C. representatives of its members, will be similar to the customary privileges and immunities accorded embodied in the Convention on the privileges and immunities of specialized institutions, approved by the General Assembly of the United Nations on 21 November 1947.
5. you will be able to conclude an O.M.C. Headquarters.


Article 9 decision making 1. O.M.C. will maintain the practice of decision-making by consensus followed under the G.A.T.T. 1947 * 1). With the exception of provisions to the contrary, where it will not be possible to reach a decision by consensus, the decision on the issue will be examined through a vote. The meetings of the Ministerial Conference and the general Council, each Member O.M.C. 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 the number of their Member States * 2) which are members of the Conference and Ministerial Decisions O.M.C. of the general Council shall be taken by majority of the votes cast, provided that this agreement or the multilateral trade agreement to not dispose otherwise * 3).
2. the Ministerial Conference and the general Council shall have the exclusive power to adopt interpretations of this agreement and the multilateral trade agreements. In the case of a multilateral trade agreement interpretation contained in the annex. 1, they will exercise their authority on the basis of a recommendation of the Council, which supervises the operation of the said agreement. The decision adopting an interpretation will be taken by a majority of three-quarters of the members. This paragraph shall not be used in a manner that would be likely to erode the provisions of art. 10, relating to the amendments.
3. in exceptional circumstances, the Ministerial Conference will be able to decide to grant a derogation from any of the requirements imposed on it by this agreement or by one of the multilateral trade agreements, provided that such a decision should be taken by three fourths * 4) of the number of members, if not otherwise stated in this paragraph.

of a request for waiver) relating to this agreement will be submitted to the Ministerial Conference for consideration pursuant to the practice of decision-making by consensus. The Ministerial Conference shall establish a time limit for the examination of the application which shall not exceed 90 days. If you do not meet the consensus within this period, any decision to grant a waiver shall be taken by three fourths * 4) of the number of members.
  

b an application for derogation) concerning multilateral trade agreements included in the appendices. 1 A, 1 B and 1 C and their annexes will be presented first to the Council for trade in goods, the Council for trade in services or the TRIPS Council, as appropriate, for consideration, within a period not exceeding 90 days. At the end of this period the Council intimated will report the Ministerial Conference.
  

4. A decision taken by the Ministerial Conference granting a waiver in order to indicate the exceptional circumstances justifying the decision, the modalities and the conditions governing the application of the derogarii and the date it expires. Any derogation granted for a period longer than one year will be reexaminata by the Ministerial Conference at the latest one year after it was granted, and in each year thereafter, until it is terminated. At each review, the Ministerial Conference will determine whether the exceptional circumstances which justified the derogation shall be maintained and if the ways and conditions that accompany the derogation have been fulfilled. On the basis of the examination of the annual Ministerial Conference will be able to extend, amend or revoke the exemption.
5. decisions under a plurilateral trade agreement, including any decisions concerning interpretations and waivers, shall be governed by the provisions of that agreement.


Article 10 Amendments

1. Any member of the initiative will be able to take O.M.C. a proposal for amendments to the provisions of this agreement or the multilateral trade agreements included in annex 4. 1 the proposal, present the Ministerial Conference. The Councils listed in paragraph 5 of article 12. 4 will also be able to submit the Ministerial Conference proposals for amendments to the provisions of the multilateral trade agreements in question contained in the annex. 1, to which they manage the operation. Unless the Ministerial Conference decides on a longer period, within a period of 90 days after the proposal has been submitted to the Ministerial Conference, any official decision of the Ministerial Conference to present the members for acceptance, the amendment proposed will be taken by consensus. Provided that the provisions of paragraphs 2, 5 or 6 is not applicable, this decision shall specify whether the provisions of paragraphs 3 or 4 shall apply. If there is consensus, the Ministerial Conference shall submit for acceptance by members, immediately, the amendment proposed. If there is consensus at a meeting of the Ministerial Conference within the established period, the Ministerial Conference shall decide, by a majority of two-thirds of the members, to submit or not to submit to them, for acceptance, the amendment proposed. Subject to the provisions of paragraphs 2, 5 and 6, the provisions of paragraph 3 shall be applicable to the proposed amendment, unless the Ministerial Conference shall decide, by a majority of three-fourths of the members, the provisions of paragraph 4 should be applied.
2. Amendments to the provisions of this article and the provisions of the articles listed below will not enter into force unless they will be accepted by all members:-art. 9 of this agreement;
-art. I and II of G.A.T.T. 1994;
-art. II: the G.A.T.S.;
-art. 4 of the TRIPS Agreement.
3. Amendments to provisions of this agreement or the multilateral trade agreements contained in the annexes 1 and 1 C, other than those listed in paragraphs 2 and 6, to modify the rights and obligations of members, will enter into force with respect to the members that they will be accepted once they have been accepted by two thirds of the number of members and Subsequently, over any other Member as soon as it will be accepted. The Ministerial Conference will be able to decide, by a majority of three-fourths of the members, as an amendment, which became effective pursuant to this paragraph is of such a nature that all members who do not accept it within a period specified by the Ministerial Conference in each case will be able to retire or continue O.M.C. be members with the consent of the Ministerial Conference.
4. Amendments to provisions of this agreement or the multilateral trade agreements included in the appendices. 1 and 1 C, other than those listed in paragraphs 2 and 6, of a nature that does not alter the rights and obligations of the members, shall have effect with respect to all members as soon as it shall have been accepted by two thirds of the members.
5. Subject to the provisions of paragraph 2 above, amendments to parts I, II and III of the G.A.T.S. and the respective annexes shall enter into force, with respect to the members that they will be accepted as soon as it shall have been accepted by two thirds of the members and thereafter, with respect to each Member, as soon as it will be accepted. The Ministerial Conference will be able to decide, by a majority of three-fourths of the members, as an amendment which will be in force by virtue of the foregoing provision is of such a nature that any Member which has not accepted it within a period specified by the Ministerial Conference in each case may withdraw from or O.M.C. continue to be a member thereof with the consent of the Ministerial Conference. The amendments to parts IV, V and VI of the G.A.T.S. and the respective annexes shall enter into force, with respect to all members as soon as it shall have been accepted by two thirds of the members.
6. Notwithstanding the other provisions of this article, amendments to the agreement on TRIPS meeting the requirements of paragraph 2 of article 4. 71 of the agreement concerned, shall be adopted by the Ministerial Conference without other formal acceptance procedure.
7. Any member who will accept an amendment to this agreement or to a multilateral trade agreement in annex No. 1 will make an instrument of acceptance with the Director-general within the time limit fixed by the O.M.C. Conference for ministerial acceptance.
8. Any member of the Alliance will be initiating O.M.C. proposal for amendment to the provisions of the multilateral trade agreements included in the appendices. 2 and 3 present the proposal of the Ministerial Conference. Decision approving the amendments to the multilateral trade agreement in annex No. 2 will be taken only by consensus, and the respective amendments will enter into force with respect to all members as soon as it shall have been approved by the Ministerial Conference. Decisions approving the amendments to the multilateral trade agreement in annex No. 3 will enter into force, with respect to all members as soon as the Ministerial Conference will be approved.
9. the Ministerial Conference, upon the request of the members parties to a trade agreement, may be decided exclusively by consensus to add this agreement in the annex. 4. the Ministerial Conference, upon the request of the members parties to a plurilateral trade agreement, will be able to decide to exclude the agreement in annex 4. 4.10. Amendments to a plurilateral trade agreement shall be governed by the provisions of that agreement.


Article 11 Members coming 1. Contracting Parties at the time of entry G.A.T.T. 1947 in force of this agreement and of the European Communities, which accept this agreement and the multilateral trade agreements and for which lists of concessions and commitments are annexed to G.A.T.T. 1994 and for which the lists of specific commitments are annexed to G.A.T.S., they will become members but you O.M.C.
2. least developed Countries recognized as such by the United Nations will not be held to commitments and make concessions than in a measure compatible with the needs of their development, financial and trade each of them or with their administrative and institutional capabilities.


Article 12 Accession 1. Any State or separate customs territory having full autonomy in the conduct of its external commercial relations and other matters covered by this agreement and the multilateral trade agreements will be able to accede to this agreement under the conditions to be agreed between it and the O.M.C. This accession will be subject to this agreement and the multilateral trade agreements that are attached.
2. decisions relating to accession will be taken by the Ministerial Conference. The Ministerial Conference will endorse the agreement on the modalities of accession by a majority of two thirds of the number of members O.M.C.
3. Joining a plurilateral trade agreement will be governed by the provisions of that agreement.


Article 13 non-application of multilateral trade agreements between members 1. This agreement and the multilateral trade agreements included in the appendices. 1 and 2 shall not apply between a member and any other Member if one of the two, at the time you became a member consents thereto, shall not apply.
2. paragraph 1 shall not be invoked between original members were you O.M.C. Contracting Parties to G.A.T.T. 1947 than where art. BYOMKESH of that agreement had been invoked earlier and was in force between the Contracting Parties at the time of entry into force for them of this agreement.
3. paragraph 1 shall apply between a member and another Member which has acceded under article. 12 unless the Member who does not consent to the application of this Ministerial Conference notified before it approved the agreement on the modalities of accession.
4. at the request of a member, a Ministerial Conference will be able to examine the operation of this article in particular cases and make appropriate recommendations.
5. Non-application of a plurilateral trade agreement between parties to that agreement will be governed by the provisions of that agreement.


Article 14 entry into force, Acceptance and storage 1. This agreement shall be open for acceptance, by signature or otherwise, by Contracting Parties to the European Communities and the G.A.T.T. (1947), which are allowed to become members of the originating article O.M.C. 11 of this agreement. This acceptance will be subject to this agreement and the multilateral agreements to which they are annexed thereto. This agreement and the multilateral trade agreements that are annexed thereto shall enter into force on the date fixed by the Ministers in accordance with paragraph 3 of the final act, including the results of the multilateral trade negotiations of the Uruguay Round, and will remain open for acceptance for a period of 2 years from that date, if the Ministers decide otherwise. An acceptance that occurs 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 which accepts this agreement after its entry into force will implement the concessions and obligations in the multilateral trade agreements, to be implemented over a period starting from the entry into force of this agreement, as if he would have 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 will be deposited with the Director-general of the Contracting Parties the G.A.T.T. 1947. The Director general will submit as soon as possible in each Government and European communities that have accepted this agreement, a certified copy of this agreement and the multilateral trade agreements, as well as a notification of each acceptance. This agreement and the multilateral trade agreements, and any amendments they have been made will be stored, the entry into force of this agreement, the Director general of O.M.C.
4. 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 the G.A.T.T. 1947. The entry into force of this agreement, such agreements shall be deposited with the Director-general of O.M.C.


Article 15 Withdrawal 1. Any Member may withdraw from this agreement. This withdrawal shall apply both in respect to this agreement and the multilateral trade agreements, and shall enter into force on the expiry of a period of six months calculated from the date on which the Director general of O.M.C. will be received written notice thereof.
2. Withdrawal from a plurilateral trade agreement will be governed by the provisions of that agreement.


Article 16 Miscellaneous Provisions 1. With the exception of provisions to the contrary in this agreement or the multilateral trade agreements, O.M.C. will guide you after the decisions, procedures and customary practices of the Contracting Parties and the G.A.T.T. 1947 established within the G.A.T.T. 1947.
2. To the extent feasible, the secretariat will be the G.A.T.T. 1947 O.M.C. Secretariat will become and, until the Ministerial Conference will appoint the Director-general in accordance with paragraph 2 of article 4. 6 of this agreement, the Director general of the Contracting Parties will exercise the functions of the G.A.T.T. (1947) Director general of O.M.C.
3. in the event of a conflict between a provision of this agreement and a provision of any of the multilateral trade agreements, the provision of this Agreement shall prevail to the extent of the conflict.
4. Each Member shall ensure the conformity of the laws, regulations and administrative procedures with its obligations as they are set out in the agreements contained in the annexes.
5. No reservations may be formulated in respect of a provision of this agreement. Cannot be formulated reservations regarding the provisions of the multilateral trade agreements than to the extent provided for in those agreements. Reservations in respect of a disposition of a plurilateral trade agreement shall be governed by the provisions of that agreement.
6. this Agreement shall be registered in accordance with the provisions of article 3. 102 of the Charter of the United Nations.
Done at Marrakesh, 15 April one thousand new hundred ninety-four, in a single copy in the English, French and Spanish, the three being equally authentic.

Note *) the annexes be published subsequently.

* 1) Organ in question will be deemed to be a decision taken by consensus on an issue with which he has been referred to it, if no Member present at the meeting during which the decision is taken not to oppose the proposed decision official.
* 2) Number of votes of the European communities and their Member States will in no case exceed the number of Member States of the European communities.
* 3) Decisions of the general Council, when it gathers as the regulatory body of disputes will not be considered than under the provisions of paragraph 4 of article 1. 2 of the memorandum of agreement on the settlement of the dispute.
* 4) a decision to grant a derogation with regard to any obligation subject to transition periods or a period of gradual implementation in the Member's application who asked not to put it into practice until the end of the period in question shall be taken only by consensus.
NOTES: the term country, as used in this agreement and the multilateral trade agreements, must be interpreted as including any separate customs territory Member of the O.M.C.
With regard to the separate customs territory Member of the O.M.C., where national rating will accompany an expression used in this agreement and the multilateral trade agreements, this expression shall be construed, in the absence of any provision to the contrary, as raportindu to the customs territory concerned.
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