_______________RESTRICTEDWORLD TRADE
ORGANIZATIONG/C/W/356
8 March 2002
(02-1781)
Council for Trade in Goods Original:  English
INTRODUCTION OF HARMONIZED SYSTEM 1996 CHANGES
INTO WTO SCHEDULES OF TARIFF CONCESSIONS
SWITZERLAND –SCHEDULE LIX
Draft Waiver Decision
The General Council,
Considering  that the Members of the WTO, by their Decisions of 13 December 1995,
18 July 1996, 24 April 1997, 22 October 1997, 24 April 1998, 14 October 1998, 15 June 1999,
4 November 1999, 3 May 2000, 8 December 2000, and 8 May 20011, acting pursuant to the
provisions of paragraph 3 of Article IX of the WTO Agreement, suspended the application of the
provisions of Article II of GATT 1994 until 30 April 2002, for the purpose of enabling Switzerland to
implement the recommended amendments to the Harmonized System nomenclature;
Considering  that by their Decision of 8 May 2001 the Members of the WTO also agreed that
it would be the last time an extension of HS96 waiver would be granted on a collective basis, but that
this would not, however, preclude Members fr om requesting waivers on an individual basis;
Noting  that Switzerland has requested a waiver for reasons explained in its request2;
Considering  that Switzerland would need more time to proceed with consultations or possible
Article XXVIII negotiations, in particular in light of the specific reservation made by one Member;
Acting  pursuant to the provisions of paragraph 3 of Article IX of the WTO Agreement,
Decides , in view of the exceptional circumstances, to suspend the application of the
provisions of Article II of GATT, until 31 October 2002, for the purpose of enabling Switzerland toimplement the recommended amendments to the Ha rmonized System nomenclature, subject to the
following conditions:
 i. Switzerland shall, where necessary, promptly enter into negotiations and consultations with
interested Members pursuant to paragraphs 1-3 of Article XXVIII of GATT 1994;
 ii. the negotiations and consultations mentioned above shall be completed not later than
31 October 2002;
 iii. pending the entry into force of the results of the negotiations or consultations mentioned
above, the other Members will be free to suspend concessions initially negotiated with
Switzerland to the extent that they consider that adequate compensation is not offered by
Switzerland.
                                                     
1 WT/L/124, WT/L/173, WT/L/216, WT/L/243, WT/L/268, WT/L/281, WT/L/303, WT/L/338,
WT/L/351, WT/L/379 and WT/L/400.
2 G/L/523.