. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/C/W/357
11 March 2002
(02-1202)
Council for Trade in Goods
INTRODUCTION OF HARMONIZED SYSTEM 1996 CHANGES
INTO WTO SCHEDULES OF TARIFF CONCESSIONS
PARAGUAY – SCHEDULE XCI
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 the GATT 1994 until 30 April 2002, for the purpose of enabling the Members listed in
the Annex to the Decisions mentioned above to implement the recommended amendments to theHarmonized System nomenclature;
Considering  that in their Decision of 8 May 2001, WTO Members also agreed to grant a
waiver with respect to the HS96 on a collective basis for the last time, but that his would not preclude
Members from requesting waivers on an individual basis;
Noting  that Paraguay has requested a waiver for reasons explained in its requests
2;
Considering  that Paraguay would need more time to proceed with ongoing consultations or
possible Article XXVIII negotiations;
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 the GATT 1994, until 30 April 2003, for the purpose of enabling Paraguay
to implement the recommended amendments to the Harmonized System nomenclature, subject to the
following conditions:
(i) Paraguay shall, if necessary, promptly enter into negotiations and consultations with
interested Members pursuant to paragraphs 1–3 of Article XXVIII of the GATT
1994;
(ii) the negotiations and consultations mentioned above shall be completed no later than
30 April 2003;
                                                     
1 WT/L/124 + Corr.1, 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/525.G/C/W/357
Page 2
(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 Paraguay to the extent that  they consider that adequate compensation
is not offered by Paraguay.
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