. /.WORLD TRADE
ORGANIZATIONWT/L/477
12 July 2002
(02-3890)
INTRODUCTION OF HARMONIZED SYSTEM 2002   CHANGES INTO
WTO SCHEDULES OF TARIFF CONCESSIONS
Romania – Schedule LXIX
Decision of 8 July 20021
The General Council,
Having regard  to Articles IV:2 and IX:3 of the Ma rrakesh Agreement establishing the World
Trade Organization (the "WTO Agreement");
Recognizing  that the adoption of the Harmonized Co mmodity Description and Coding System
(hereinafter referred to as the "Harmonized System") has, in addition to facil itating international trade
and the analysis of trade statistics, ensured greater  uniformity in countries' customs classification, thus
enabling them to monitor and protect  the value of tariff concessions;
Noting  that, in accordance with Article 16 of the Harmonized System Convention, the Council
of the World Customs Organization adopted  a Recommendation on 25 June 1999 concerning
amendments to the Harmonized System which came into force on 1 January 2002 (hereinafter referred
to as "HS2002 changes");
Noting the procedure adopted by the General Council to introduce HS2002 changes, to
Schedules of Concessions2, which in certain cases may require negotiations and/or consultations under
Article XXVIII of GATT 1994,
Noting  that Romania has requested a waiver3,
Considering  that Romania would need more time to proceed with consultations or possible
Article XXVIII negotiations,
Decides, in view of the exceptional circumstances, to  suspend the application of the provisions
of Article II of GATT 1994  for one year, starting from the date of implementation of the HS2002
changes for Romania (01.01.2002) to the extent necessary for the purpose of enabling Romania toimplement domestically the recommended amendments to the Harmonized System nomenclature
pending incorporation of such changes into its Schedule of Concessions, subject to the following
conditions:
                                                     
1 Adopted in accordance with the Decision-Making Procedures under Articles IX and XII of the WTO
Agreement agreed by the General Council in November 1995 (WT/L/93).
2 WT/L/407.
3 G/L/553.WT/L/477
Page 2
(i) Romania shall, where necessary, promptly enter into negotiations and/or
consultations with interested Members pursuant to paragraphs 1-3 of Article XXVIII
of GATT 1994;
(ii) The negotiations and/or consultations mentioned above shall, to the extent possible,
be completed within one year of Romania's date of implementation; and
(iii) In accordance with the provisions of  Article XXVIII:3 of the GATT 1994, applied
mutatis mutandis  to the present waiver, pending the en try into force of the results of the
negotiations and/or consultations mentioned above, the other Members will be free to
suspend concessions initially negotiated with Romania to the extent that they consider
that adequate compensation is not offered by Romania.
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