Communication from the Ministry of Foreign Affairs No. 191 / 1995 Coll.

Q: Is Communication from the Ministry of Foreign Affairs No. 191 / 1995 Coll. still valid?

Yes, Communication from the Ministry of Foreign Affairs No. 191 / 1995 Coll. is still valid and effective.

191

COMMUNICATION

Ministry of Foreign Affairs

The Ministry of Foreign Affairs announces that on 15 April 1994 the Agreement establishing the World Trade Organisation (WTO) and the following multilateral agreements, which form an integral part of the Agreement and are binding on all WTO members, was negotiated and signed on behalf of the Czech Republic in Marrakesh:

General Agreement on Tariffs and Trade 1994,

Agriculture Agreement,

Agreement on the application of sanitary and phytosanitary measures,

Textile and clothing agreement,

Agreement on technical barriers to trade,

Agreement on trade aspects of investment measures,

Agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade 1994,

Agreement on the implementation of Article VII of the General Agreement on Tariffs and Trade 1994,

Pre-shipment inspection agreement,

Agreement on rules of origin,

Agreement on import licence procedures,

Subsidies and countervailing measures agreement,

Agreement on protective measures,

General Agreement on trade in services,

Agreement on trade aspects of intellectual property rights,

Dispute settlement arrangements,

Trade policy review mechanism,

and multilateral trade agreements which do not establish obligations or rights for those members who have not accepted them. The Czech Republic did not sign these agreements on 15 April 1994.

The Parliament of the Czech Republic agreed to the Agreement and the President of the Republic ratified it.

This Agreement and the multilateral agreements annexed thereto entered into force in accordance with the text of Article XIV (1) of the Agreement on 1 January 1995 and entered into force on that date for the Czech Republic.

At the same time, subsequent decisions of the Ministers, declarations and arrangements relating to the above agreements were taken:

Decision on measures for the benefit of least developed countries,

Declaration to the World Trade Organisation's contribution to achieving greater links in creating global economic policy,

Decision on notification procedures,

Declaration on the World Trade Organisation's relations with the International Monetary Fund,

Decision on measures concerning the possible negative effects of the reform programme on least developed countries and totally food importing developing countries,

Decision on notification of first integration under Article 2.6 of the Agreement on textiles and clothing,

Decision on the proposed arrangement on the WTO-ISO information system,

Decision on assessment of the ISO / IEC Information Centre publication,

Anti-circumvention decision,

Decision to revise Article 17.6 of the Agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade 1994,

Declaration on Dispute Settlement under the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 or Part V of the Agreement on Subsidies and Counterfeiting Measures,

Declaration concerning the case where the customs administration has grounds for doubting the veracity or accuracy of the declared value,

Decisions on texts concerning minimum values and imports by exclusive representatives, exclusive distributors and sole intermediaries,

Decision on institutional arrangements for the General Agreement on Trade in Services,

Decision on certain dispute resolution procedures under the General Agreement on Trade in Services,

Decision on trade in services and the environment,

Decision on negotiations on the movement of natural persons,

Decision on financial services,

Decision on negotiations on maritime transport services,

Decision on negotiations on basic telecommunications,

Decision on professional services,

Decision on access to the GPA,

Decision on the application and review of dispute resolution arrangements,

Arrangement on commitments in financial services.

Czech translations of the Agreement and multilateral agreements, decisions, declarations and arrangements shall be published simultaneously. The English version of the contract documents can be consulted by the Ministry of Foreign Affairs and the Ministry of Industry and Trade.

AGREEMENT FOR THE ESTABLISHMENT OF GLOBAL TRADE ORGANISATION

Marrakesh, April 15, 1994

AGREEMENT FOR THE ESTABLISHMENT OF GLOBAL TRADE ORGANISATION

The Parties to this Agreement,

Recognising that their trade and economic relations should be aimed at raising the standard of living, achieving full employment and increasing and increasing levels of real income and effective demand, and increasing production and trade in goods and services, enabling the optimal use of world resources in line with the objective of sustainable development, with the aim of simultaneously protecting and preserving the environment and developing the means to do so in order to be compatible with their needs and interests relating to different levels of economic development,

Recognising the need to make decisive efforts to ensure that developing countries, and especially the least developed among them, have a share of the growth of international trade that meets the needs of their economic development,

intended to contribute to the achievement of these objectives through the conclusion of agreements which, on the basis of reciprocity and mutual advantages, aim at a substantial reduction in customs tariffs and other barriers to trade and the elimination of discriminatory treatment in international trade,

determined to create a comprehensive, more viable and durable multilateral trading system, including the General Agreement on Tariffs and Trade, the results of efforts to liberalise trade achieved in the past and all the results of the Uruguay Round multilateral trade negotiations,

committed to maintaining basic principles and promoting the achievement of the objectives developed by this multilateral trading system,

they have agreed as follows:

Článek I

Establishment of the Organisation

The World Trade Organisation (hereinafter referred to as "WTO" *) is hereby established.

Článek II

Scope of the WTO

1. The WTO shall be a common institutional framework for the management of trade relations between its Members on issues related to agreements and related legal instruments included in the Annexes to this Agreement.

2. Agreements and related legal instruments, included in Annexes 1, 2 and 3 (hereinafter referred to as "Multilateral Trade Agreements"), shall form an integral part of this Agreement and shall be binding on all Members.

3. Agreements and related legal instruments, included in Annex 4 (hereinafter referred to as "Multilateral Trade Agreements"), shall also form part of this Agreement for those Members who have adopted them and are binding on them. Multilateral trade agreements shall not create obligations or rights for those Members who have not accepted them.

4. The General Agreement on Tariffs and Trade 1994, listed in Annex 1A (hereinafter referred to as "GATT 1994 '), is legally different from the General Agreement on Tariffs and Trade of 30 October 1947 annexed to the Final Act, adopted at the conclusion of the second meeting of the Preparatory Committee of the United Nations Conference on Trade and Employment, as amended, supplements or amendments (hereinafter referred to as" GATT 1947').

Článek III

WTO functions

1. The WTO will facilitate the implementation, administration and operation of this Agreement and the Multilateral Trade Agreements, promote the realisation of their objectives and will also serve as a framework for the implementation, administration and operation of the Multilateral Trade Agreements.

2. The WTO shall be a place for negotiations between its Members on their multilateral trade relations on matters covered by the agreements listed in the Annexes to this Agreement. The WTO will also be able to provide scope for further negotiations between its Members on their multilateral trade relations and to establish a framework for the implementation of the results of these negotiations, as decided by the Ministerial Conference.

3. The WTO will manage the Dispute Settlement Rules and Procedures (hereinafter referred to as "Dispute Settlement Arrangements" or "DSU" *), as set out in Annex 2 to this Agreement.

4. The WTO will manage the Trade Review Mechanism (hereinafter referred to as "TPRM" * *), as listed in Annex 3 to this Agreement.

5. In view of the greater coherence in the development of global economic policy, the WTO will, if appropriate, cooperate with the International Monetary Fund and the International Bank for Reconstruction and Development and their associated institutions.

Článek IV

WTO structure

1. A Conference of Ministers will be established, composed of representatives of all Members, which will meet at least once every two years. The Conference of Ministers will perform the functions of the WTO and will take the necessary measures to that end. The Ministerial Conference will be entitled to take decisions on all matters relating to all Multilateral Trade Agreements, if any Member so requests, under the specific provisions concerning the adoption of decisions referred to in this Agreement and in the relevant Multilateral Trade Agreement.

2. The General Council, composed of representatives of all Members, will be established as necessary. In the period between meetings of the Ministerial Conference, its functions will be carried out by the General Council. The General Council will continue to perform the functions assigned to it by this Agreement. It shall establish its own rules of procedure and approve the rules of procedure of the Committees referred to in paragraph 7.

3. The General Council will meet as necessary to perform the functions of the Dispute Settlement Body as set out in the Dispute Settlement Agreement. The Dispute Settlement Body will be able to have its own Chair and shall establish rules of procedure which it considers necessary for the performance of its functions.

4. The General Council will meet as necessary to perform the functions of the Trade Policy Review Body as set out in the TPRM. The Trade Policy Review Body will be able to have its own Chair and shall establish rules of procedure which it considers necessary for the performance of its functions.

5. The Trade in Goods Council, the Trade in Services Council and the Trade in Intellectual Property Rights Council (hereinafter referred to as the "TRIPS Council" *) will be established and will operate under the overall direction of the General Council. The Trade in Goods Council shall supervise the operation of the Multilateral Trade Agreements listed in Annex 1A. The Services Trade Council will oversee the operation of the General Agreement on Trade in Services (hereinafter referred to as "GATS" * *). The TRIPS Council will supervise the operation of the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the TRIPS Agreement). These Council will perform the functions assigned to them by the relevant agreements and by the General Council. It shall establish its own rules of procedure, which shall be subject to approval by the General Council. Membership in these Councils will be open to all Members. These Councils will meet to carry out their functions if necessary.

6. The Trade in Goods Council, the Trade in Services Council and the TRIPS Council shall, as appropriate, establish auxiliary bodies. Those auxiliary bodies shall establish their own rules of procedure, which shall be subject to the approval of the relevant Councils.

7. The Conference of Ministers shall establish a Trade and Development Committee, a Committee on Restrictions, applied for balance of payments and a Committee on Budget, Finance and Administration, which shall perform the functions assigned to them by this Agreement and the Multilateral Trade Agreements, as well as any additional functions assigned to them by the General Council and may set up additional committees with such functions as it considers necessary. Within the framework of its functions, the Trade and Development Committee will regularly examine the specific provisions of the Multilateral Trade Agreements in favour of the least developed Member States and submit a report to the General Council in order to take appropriate measures. Membership of these Committees will be open to representatives of all Members.

8. The institutions referred to in the Multilateral Trade Agreements will perform the functions assigned to them under these Agreements and operate within the institutional framework of the WTO. The General Council shall be regularly informed of its activities.

Článek V

Relations with other organisations

1. The General Council shall conclude appropriate arrangements for effective cooperation with other intergovernmental organisations operating in the WTO.

2. The General Council will be able to conclude appropriate arrangements on consultation and cooperation with NGOs on issues relating to WTO issues.

Článek VI

Secretariat

1. A WTO Secretariat (hereinafter referred to as "Secretariat") shall be established, managed by the Director-General.

2. The Conference of Ministers will appoint the Director-General and determine his / her powers, responsibilities, conditions of employment and duration of his / her mandate.

3. The Director-General will appoint the staff of the Secretariat and lay down their duties and conditions of employment in accordance with the rules adopted by the Conference of Ministers.

4. The functions of the Director-General and the staff of the Secretariat shall be exclusively of an international nature. In carrying out their duties, neither the Director-General nor the staff of the Secretariat shall seek nor receive instructions from any government or any non-WTO office. They shall refrain from any act incompatible with their status as international officials. The WTO members will respect the international character of the functions of the Director-General and the Secretariat's staff and will not seek to influence them in the performance of their tasks.

Článek VII

Budget and contributions

1. The Director-General shall submit an annual draft budget and an annual WTO financial report to the Committee on Budget, Finance and Administration. The Committee on Budgets, Finance and Administration shall examine the annual draft budget and the annual financial report submitted by the Director-General and make recommendations on this subject to the General Council. The annual draft budget shall be subject to approval by the General Council.

2. The Committee on Budget, Finance and Administration shall propose to the General Council a Financial Regulation which shall include provisions determining:

(a) the scale of the contributions, allocating WTO expenditure among its members; and

(b) measures to be taken against Members in the event of late payment of contributions.

The Financial Regulation will rely, if practical, on GATT 1947 rules and practices.

3. The General Council shall approve the Financial Regulation and the annual draft budget by a two-thirds majority, comprising more than half of the WTO Members.

4. Each Member shall immediately make a contribution to the WTO corresponding to its share of WTO expenditure under the Financial Regulation approved by the General Council.

Článek VIII

WTO Status

1. The WTO shall be a legal person and shall provide each of its members with the legal capacity necessary for the performance of its functions.

2. Each member shall grant the WTO the privileges and immunities necessary for the performance of its functions.

3. Similarly, each member shall grant WTO officials and representatives such privileges and immunities as are necessary for the full independence of the WTO-related performance of their functions.

4. The privileges and immunities to be provided by the WTO member to its officials and representatives of its members shall be similar to those provided for in the Convention on the Privileges and Immunities of International Professional Organisations, approved by the United Nations General Assembly on 21 November 1947.

5. The WTO will be able to conclude a seat agreement.

Článek IX

Adoption of decisions

1. The WTO shall maintain the practice of taking decisions by means of a consensus established by GATT 1947.1) Unless otherwise stated, a decision on the question under consideration shall be taken by vote where a decision cannot be reached by consensus. At the meetings of the Ministerial Conference and the General Council, each WTO member will have one vote. In cases where the European Communities 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 WTO. Decisions of the Ministerial Conference and of the General Council shall be taken by a majority of the votes, unless otherwise provided for in this Agreement or in the relevant Multilateral Trade Agreement (3).

2. The Conference of Ministers and the General Council will have the exclusive right to interpret this Agreement and the Multilateral Trade Agreements. As regards the interpretation of the Multilateral Trade Agreement, as set out in Annex 1, they shall exercise their powers on the basis of recommendations from the Council, which shall supervise the operation of the Agreement. The decision to make an interpretation shall be taken by a three-quarter majority of the Members. This paragraph shall not be applied in such a way as to undermine the provisions of Article X relating to amendments and additions.

3. In exceptional circumstances, the Ministerial Conference will be able to decide to exempt a Member from any of the obligations imposed on him by this Agreement or the Multilateral Trade Agreements, provided that this Decision is approved by three quarters of the Members, unless otherwise provided for in this paragraph.

(a) The request for an exemption from this Agreement shall be submitted for consideration to the Conference of Ministers in accordance with the practice of taking decisions by consensus. The Conference of Ministers shall set a time limit not exceeding 90 days for the examination of the request. If consensus is not reached within this period, each decision granting an exemption will be taken by three quarters of the four members.

(b) The request for an exemption from the Multilateral Trade Agreements listed in Annexes 1A or 1B or 1C and their Annexes shall be submitted first by virtue of their substantive competence to the Trade in Goods Council, the Trade in Services Council or the TRIPS Council for consideration within a period not exceeding 90 days. At the end of this period, the relevant Council shall submit a report to the Conference of Ministers.

4. The decision to grant an exemption, adopted by the Conference of Ministers, will highlight the exceptional circumstances justifying the decision, including the modalities and conditions governing the application of the derogation and the date on which its validity will be terminated. In any further assessment, the Ministerial Conference shall decide whether exceptional circumstances justifying the granting of an exemption remain and whether the arrangements and conditions for the application of the exemption have been respected. On the basis of the annual assessment, the Ministerial Conference will be able to extend, modify or revoke the exemption.

5. Decisions taken under the Multilateral Trade Agreement, including any decision relating to interpretation and exceptions, shall be governed by the provisions of such an Agreement.

Článek X

Amendments

1. Any member of the WTO will be able to submit to the Ministerial Conference a proposal to amend or supplement the provisions of this Agreement or of the Multilateral Trade Agreements listed in Annex 1. The Council referred to in paragraph 5 of Article IV will also be able to submit proposals to the Ministerial Conference to amend or supplement the provisions of the relevant Multilateral Trade Agreements listed in Annex 1 which they supervise. Any decision by the Ministerial Conference on the submission of a proposed amendment or amendment to the Members to be adopted shall be adopted by consensus within 90 days of the formal submission of the draft to the Ministerial Conference, unless the Ministerial Conference decides on a longer deadline. Where the provisions of paragraphs 2, 5 or 6 cannot be applied, those decisions shall specify whether the provisions of paragraphs 3 or 4 shall apply. If consensus has been reached, the Ministerial Conference shall immediately submit the proposal for adoption to the Members concerned. If a consensus has not been reached at the Ministerial Conference within the deadline, the Ministerial Conference shall decide by a two-thirds majority of the Members whether or not the proposal in question will be submitted to the Members for adoption. Subject to the provisions of paragraphs 2, 5 and 6, the provisions of paragraph 3 shall apply to the proposed proposal unless the Conference of Ministers decides by a majority of three quarters of the Members that the provisions of paragraph 4 shall apply.

2. Amendments and additions to the provisions of this Article and the provisions of the following Articles shall become effective only if they are adopted by all Members:

Article IX of this Agreement;

Article I and II of GATT 1994;

Article II: 1 GATS;

Article 4 of the TRIPS Agreement.

3. Amendments and additions to the provisions of this Agreement or of the Multilateral Trade Agreements referred to in Annexes 1A and 1C, other than those listed in paragraphs 2 and 6, and of such a nature as to amend the rights and obligations of the Members shall become effective in relation to those Members who accept them as soon as they are adopted by two thirds of the Members and in relation to any other Member when it adopts them. The Ministerial Conference will be able to decide by a three-quarter majority of Members that there is an amendment or supplement that would become effective under this paragraph in such a way that any Member who would not accept it within the time limit set by the Ministerial Conference for each individual case will be able to withdraw from the WTO or remain a member with the agreement of the Ministerial Conference.

4. Amendments and additions to the provisions of this Agreement or of the Multilateral Trade Agreements listed in Annexes 1A and 1C other than those listed in paragraphs 2 and 6 and of such a nature that they do not amend the rights and obligations of Members shall become effective in respect of all Members as soon as they are adopted by two thirds of the Members.

5. Subject to the provisions of paragraph 2 above, amendments and additions to Parts I, II and III of the GATS and to the relevant Annexes shall become effective in respect of the Members who have accepted them once adopted by two thirds of the Members and in respect of each additional Member when it adopts them. The Ministerial Conference will be able to decide by a three-quarter majority of Members that an amendment or supplement would become effective in relation to a previous provision of such a nature that any Member who would not accept it within the time limit set by the Ministerial Conference for each individual case will be able to withdraw from the WTO or remain a member with the agreement of the Ministerial Conference. Amendments and additions to Parts IV, V and VI of the GATS and to the relevant Annexes shall become effective in relation to all Members as soon as they are adopted by two thirds of the Members.

6. Notwithstanding the other provisions of this Article, amendments and additions to the TRIPS Agreement which comply with the provisions of paragraph 2 of Article 71 of that Agreement may be adopted by the Ministerial Conference without further formal adoption.

7. Any Member who accepts an amendment or supplement to this Agreement or to the Multilateral Trade Agreement, as set out in Annex 1, shall deposit a notification of acceptance with the Director-General of the WTO within the time limit set for such adoption by the Conference of Ministers.

8. Each WTO member will be able to submit an initiative to the Ministerial Conference for amendment or addition to the provisions of the Multilateral Trade Agreements set out in Annexes 2 and 3. The decision approving the amendments or additions to the Multilateral Trade Agreement, as set out in Annex 2, shall be adopted by consensus and shall take effect in respect of all Members as soon as they are approved by the Ministerial Conference. The Decision approving amendments or additions to the Multilateral Trade Agreement, as set out in Annex 3, shall become effective in relation to all Members as soon as they are approved by the Ministerial Conference.

9. At the request of the Members of the Parties to a trade agreement, the Ministerial Conference may decide to add such an agreement to Annex 4 only by consensus. At the request of the Parties to the Multilateral Trade Agreement, the Ministerial Conference may exclude that Agreement from Annex 4.

10. The amendments and additions to the Multilateral Trade Agreement shall be governed by the provisions of such Agreement.

Článek XI

Original Members

1. The original WTO Members shall become the Parties to GATT 1947 at the date of entry into force of this Agreement and the European Communities which adopt this Agreement and the Multilateral Trade Agreements and for which, in Annex GATT 1994, the instruments of concessions and obligations are annexed and for which, in the Annex to the GATS, the instruments of specific obligations are annexed.

2. The least developed countries, thus recognised by the United Nations, are obliged to negotiate commitments and grant concessions only to the extent compatible with the development, financing and trade needs of each of them or with their administrative and institutional capabilities and capabilities.

Článek XII

Access

1. Each State or separate customs territory with full autonomy in external economic relations and other matters covered by this Agreement and the Multilateral Trade Agreements will be able to accede to this Agreement under the conditions agreed between it and the WTO. This approach will apply to this Agreement and to the Multilateral Trade Agreements attached thereto.

2. Access decisions will be taken by the Ministerial Conference. The Ministerial Conference shall approve the Agreement concerning access conditions by a two-thirds majority of WTO Members.

3. Access to the Multilateral Trade Agreement shall be governed by the provisions of such Agreement.

Článek XIII

Non-application of multilateral trade agreements between certain Members

This Agreement and the Multilateral Trade Agreements, as set out in Annexes 1 and 2, shall not be applied between a Member and any other Member unless one of them, as soon as it becomes a Member, approves such application.

2. Paragraph 1 may be applied between original WTO Members who were parties to GATT 1947 only in those cases where they had previously referred to its Article XXXV and this Article was in force between those Parties when this Agreement entered into force for them.

3. Paragraph 1 shall be applied between a Member and another Member who acceded pursuant to Article XII only if a Member disagrees with the application has notified the Conference of Ministers of this fact before having approved an agreement on conditions of access.

4. At the request of any Member, the Ministerial Conference may, on a case-by-case basis, assess the functioning of this Article and make appropriate recommendations.

5. The non-application of a Multilateral Trade Agreement between the Parties to such an Agreement shall be governed by the provisions of such an Agreement.

Článek XIV

Acceptance, entry into force and storage

1. This Agreement shall be open for adoption, signature or otherwise to GATT 1947 Contracting Parties and the European Community which may become original WTO Members in accordance with Article XI of this Agreement. This acceptance will apply to this Agreement and to the Multilateral Trade Agreements annexed thereto. This Agreement and the Multilateral Trade Agreements annexed thereto shall enter into force on the date fixed by the Ministers under paragraph 3 of the Final Act, containing the results of the Uruguay Round multilateral trade negotiations and shall remain open for adoption for a period of two years after that date, unless otherwise decided by the Ministers. Acceptance after the entry into force of this Agreement shall enter into force on the 30th day following the date of such adoption.

2. A Member who adopts this Agreement after its entry into force shall apply concessions and obligations under the Multilateral Trade Agreements which must be applied during the period commencing with the entry into force of this Agreement as if it had adopted this Agreement at the date of its entry into force.

3. Pending the entry into force of this Agreement, the texts of this Agreement and of the Multilateral Trade Agreements shall be deposited with the General Director of the GATT 1947 CONTRACTING PARTIES. The Director-General shall, as soon as possible, send to each Government and the European Community which have adopted this Agreement a certified true copy of this Agreement and of the Multilateral Trade Agreements and the notification of each acceptance. This Agreement and the Multilateral Trade Agreements, as well as any amendments or additions thereto, shall be deposited with the Director-General of the WTO as from the entry into force of this Agreement.

4. The adoption and entry into force of the Multilateral Trade Agreement shall be governed by the provisions of such Agreement. These agreements shall be deposited with the General Director of the GATT 1947 CONTRACTING PARTIES. Following the entry into force of this Agreement, such agreements shall be deposited with the Director-General of the WTO.

Článek XV

Withdrawal

1. Every member will be able to withdraw from this Agreement. This withdrawal will apply at the same time to this Agreement and the Multilateral Trade Agreements and will take effect after a period of six months from the date on which the WTO Director General received the written notification of withdrawal.

2. Withdrawal from the Multilateral Trade Agreement shall be governed by the provisions of such Agreement.

Článek XVI

Miscellaneous provisions

1. The WTO shall be governed by decisions, procedures and usual practice followed by GATT 1947 CONTRACTING PARTIES and shall maintain the bodies set up under GATT 1947, unless the provisions of this Agreement and the Multilateral Trade Agreements provide otherwise.

2. As far as possible, the GATT 1947 Secretariat shall become the WTO Secretariat and, pending the appointment of the Director-General, in accordance with paragraph 2 of Article VI of this Agreement, by the Conference of Ministers, the Director-General of the GATT 1947 CONTRACTING PARTIES shall act as Director-General of the WTO.

3. In the event of differences between the provisions of this Agreement and those of one of the Multilateral Trade Agreements, the provisions of this Agreement shall, depending on the nature of the matter, be decisive.

4. Each Member shall ensure compliance of its legislation and administrative procedures with its obligations as set out in the attached Agreements.

5. Reservations may not be applied to the provisions of this Agreement. With regard to the provisions of the Multilateral Trade Agreements, reservations may be applied only in accordance with the provisions of these Agreements. Reservations concerning any provision of the Multilateral Trade Agreement shall be governed by the provisions of such Agreement.

6. This Agreement shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.

In Marrakesh, on the 15th day of April, a thousand nine hundred ninety-four in a single specimen, in English, French and Spanish, all three texts being equally authentic.

Explanatory notes:

The term "country ', as used in this Agreement and in the Multilateral Trade Agreements, shall include the separate customs territory of the WTO Member.

For the separate customs territory of the WTO Member, where the term used in this Agreement or in multilateral trade agreements is accompanied by the addition of "national ', that term shall be interpreted as referring to that customs territory, unless otherwise specified.

PŘÍLOHA 1

ANNEX 1

PŘÍLOHA 1A

ANNEX 1A

MOVEMENT AGREEMENTS ON TRADE IN GOODS

General explanatory note relating to Annex 1A:

In the event of differences between the provisions of the General Agreement on Tariffs and Trade 1994 and those of another Agreement listed in Annex 1A to the Agreement establishing the World Trade Organisation (in the agreements referred to in Annex 1A as "the WTO Agreement '), the relevant provisions of another Agreement shall, depending on the nature of the case, be determined.

GENERAL AGREEMENT ON DUTIES AND TRADE 1994

1. the General Agreement on Tariffs and Trade 1994 (GATT 1994) includes:

(a) the provisions of the General Agreement on Tariffs and Trade of 30 October 1947 annexed to the Final Act, adopted at the end of the second meeting of the Preparatory Committee of the United Nations Conference on Trade and Employment (with the exception of the Protocol on provisional application), as amended, supplemented or otherwise amended by the provisions of the legal instruments which entered into force before the date of entry into force of the WTO Agreement;

(b) the provisions of the following legal instruments which entered into force on the basis of GATT 1947 before the date of entry into force of the WTO Agreement:

(i) protocols and certification concerning tariff concessions;

(ii) access protocols (with the exception of provisions (a) concerning provisional application and withdrawal of provisional application, and (b) allowing Part II of GATT 1947 to be applied provisionally in full, not incompatible with the legislation in force at the date of the Protocol);

(iii) the exemption decision granted under Article XXV GATT 1947 which is still in force at the date of entry into force of the WTO1 Agreement;

(iv) other GATT 1947 CONTRACTING PARTIES 'decisions;

(c) the following arrangements:

(i) Arrangement on the interpretation of Article II: 1 b) General Agreement on Tariffs and Trade 1994;

(ii) Arrangement on the interpretation of Article XVII of the General Agreement on Tariffs and Trade 1994;

(iii) Arrangement on provisions on the balance of payments of the General Agreement on Tariffs and Trade 1994;

Citation	Communication from the Ministry of Foreign Affairs No. 191 / 1995 Coll., on the negotiation of the Agreement establishing the World Trade Organisation (WTO)
Regulation Type	International Treaty
Author	-
Collection	Code of Laws

Date of Promulgation	19.09.1995
Effective from	01.01.1995
Effective until	-
Status	Valid

Communication from the Ministry of Foreign Affairs on the negotiation of the Agreement establishing the World Trade Organisation (WTO)

Contents