. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/C/W/383
3 June 2002
(02-3038)
Council for Trade in Goods
INTRODUCTION OF HARMONIZED SYSTEM 2002   CHANGES INTO
WTO SCHEDULES OF TARIFF CONCESSIONS
ROMANIA – SCHEDULE LXIX
Draft Waiver Decision
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 Concessions1, which in certain cases may require negotiations and/or consultations under
Article XXVIII of GATT 1994,
Noting  that Romania has requested a waiver2,
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 to
implement domestically the recommended amendm ents to the Harmonized System nomenclature
pending incorporation of such changes into its Schedule of Concessions, subject to the following
conditions:
(i) Romania shall, where necessary, promptly ente r into negotiations and/or consultations with
interested Members pursuant to paragr aphs 1-3 of Article  XXVIII of GATT 1994;
                                                     
1 WT/L/407.
2 G/L/553.G/C/W/383
Page 2
(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 entry in to 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 th at they consider that adequate compensation is
not offered by Romania.
__________