Communication from the Ministry of Foreign Affairs No. 209 / 1994 Coll.
Communication from the Ministry of Foreign Affairs on the adoption of the Protocol on the Access of the Czech Republic to the General Agreement on Tariffs and Trade (GATT) of 30 October 1947
Valid
International Treaty
Effective from 15.04.1993
Text versions:
11.11.1994
209
COMMUNICATION
Ministry of Foreign Affairs
The Ministry of Foreign Affairs announces that on 16 March 1993 the Protocol on the Access of the Czech Republic to the General Agreement on Tariffs and Trade (GATT) of 30 October 1947 was adopted in Geneva on the basis of the Protocol on the provisional application of the General Agreement on Tariffs and Trade from 20 April 1948, adopted in Geneva on 19 February 1993.
The Protocol on the access of the Czech Republic to the General Agreement on Tariffs and Trade entered into force in accordance with paragraph 7 of this Protocol on 15 April 1993. On this date the Czech Republic became a Contracting Party to the General Agreement on Tariffs and Trade (GATT) of 30 October 1947, with the Czech Republic's obligations and rights under this Agreement being effective for the Czech Republic on 1 January 1993.
In accordance with paragraph 3: The Czech Republic further requested on 1 April 1993 the Protocol on the access of the Czech Republic to the General Agreement on Tariffs and Trade in the form of letters of acceptance to the following agreements, negotiated under the auspices of the General Agreement on Tariffs and Trade:
The Agreement on International Trade in Textile Goods, negotiated in Geneva on 20 December 1973, and the Protocol extending the Arrangement of 9 December 1992,
Agreements on technical barriers to trade, negotiated in Geneva on 12 April 1979,
Agreements on the implementation of Article VI of the General Agreement on Tariffs and Trade, negotiated in Geneva on 12 April 1979, amount 38 / 1980 Coll.,
Agreements on import licences, negotiated in Geneva on 12 April 1979, and
Agreements for the implementation of Article VII of the General Agreement on Tariffs and Trade, negotiated in Geneva on 12 April 1979, No 120 / 1984 Coll.
The Agreement concerning the international trade in textile goods entered into force on 1 January 1974 and the Protocol extending it on 1 January 1993 pursuant to Article 14 thereof. For the Czech Republic, the Arrangement and the Protocol entered into force on 1 May 1993.
The Agreement on Technical Barriers to Trade entered into force on 1 January 1980 and on 1 May 1993 for the Czech Republic pursuant to that Article.
The Agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade entered into force on 1 January 1980 on the basis of its Article 16 and for the Czech Republic pursuant to that Article on 1 May 1993.
The Agreement on the Import Licensing Procedure entered into force on 1 January 1980 and on 1 May 1993 for the Czech Republic pursuant to that Article.
The Agreement on the implementation of Article VII of the General Agreement on Tariffs and Trade entered into force on 1 January 1981 on the basis of Article 24 thereof and for the Czech Republic pursuant to that Article on 1 May 1993.
The Czech translation of the Protocol and the Letters is being announced simultaneously. The English version of the agreements can be consulted at the Ministry of Foreign Affairs and the Ministry of Industry and Trade.
The General Agreement on Tariffs and Trade (GATT), Geneva, 30 October 1947, was published in the version of the amendments adopted under No 59 / 1948 Coll., No 211 / 1948 Coll., No 212 / 1948 Coll., No 216 / 1948 Coll., No 175 / 1949 Coll., No 193 / 1949 Coll., No 293 / 1949 Coll., No 16 / 1950 Coll., No 42 / 1950 Coll., No 46 / 1950 Coll., No 50 / 1950 Coll., No 51 / 1951 Coll., No 87 / 1951 Coll., No 6 / 1954 Coll.
PROTOCOL
on the access of the Czech Republic to the General Agreement on Tariffs and Trade
Governments Parties to the General Agreement on Tariffs and Trade (hereinafter referred to as "the Parties' and" the General Agreement '), the European Economic Community and the Government of the Czech Republic (hereinafter referred to as "the Czech Republic')
Acknowledging that the Czech Republic is the successor state of the Czech and Slovak Federal Republic, formerly known as Czechoslovakia, and that on 3 December 1992 the Contracting Parties decided to apply on a provisional basis the General Agreement and the relevant agreements negotiated under its auspices to the Czech Republic,
Having regard to the request of the Government of the Czech Republic to accede to the General Agreement under the conditions applicable to the Czech and Slovak Federal Republic, including, in particular, the concessions set out in list X,
Bearing in mind the decision adopted on 3 December 1992 concerning the preparation of the Protocol on the Access of the Czech Republic
agree through their representatives as follows:
- General
1. The Czech Republic shall become a Contracting Party to the General Agreement, as defined in Article XXXII of this Protocol, upon the entry into force of this Protocol, with the date of entry into force of the rights and obligations of the Czech Republic on 1 January 1993, and the Czech Republic shall apply to the Contracting Parties provisionally and under the terms of the Protocol
(a) Part I, III and IV of the General Agreement; and
(b) Part II. The General Agreement in full, which is not incompatible with the relevant Czechoslovak legislation existing on 20 April 1948.
Commitments embodied in paragraph 1 of Article I mentioned in relation to Article III and the obligations embodied in paragraph 2 (b) of Article II referred to in relation to Article VI of the General Agreement shall be deemed to fall within the scope of Part II for the purposes of this paragraph.
2. (a) The provisions of the General Agreement to be applied to the Contracting Parties by the Czech Republic shall, unless otherwise provided for in this Protocol, be those contained in the text annexed to the Final Act of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment and corrected, amended or otherwise amended by such agreements which may become effective on the date on which the Czech Republic becomes a Contracting Party.
(b) In any event, in which paragraph 6 of Article V, paragraph 4 (d) of Article VII and paragraph 3 (c) of Article X of the General Agreement refers to the date of this Agreement, the current date in relation to the Czech Republic will be the date applicable to Czechoslovakia, i.e. 20 April 1948.
3. It is the intention of the Czech Republic to apply immediately after access to the General Agreement for membership of the following agreements negotiated under the auspices of the General Agreement:
- international trade in textile goods and its protocols - for extension,
- technical barriers to trade,
- Agreement on the implementation of Article VII of the General Agreement on Tariffs and Trade,
- Agreement on import licence procedures, and
- Agreement on the implementation of Article VI of the General Agreement on Tariffs and Trade.
In addition, the Czech Republic reaffirms that the derogation referred to in paragraph 1 (b) above does not apply to the relevant legislation declared after 20 April 1948, which will be applied in accordance with GATT Articles and Practice.
- Charter (tariff concessions)
4. The instrument in the Annex shall become the instrument of the General Agreement relating to the Czech Republic when this Protocol enters into force.
5. In any event, in which paragraph 1 of Article II of the General Agreement refers to the date of the Agreement, the date in force in respect of each product which is the subject of a concession granted under the instrument annexed to this Protocol shall be the date of the Agreement which allows for the concession.
(b) For the purposes of the reference in paragraph 6 (a) of Article II of the General Agreement to the date of this Agreement, the date in force in relation to the instrument annexed to this Protocol shall be the date of the agreement allowing the concession.
- Final provisions
6. This Protocol shall be deposited with the Director-General for the Contracting Parties. It will be unloaded for admission by signature or otherwise by the Czech Republic by 1 May 1993. It will also be set out for adoption by the Contracting Parties and the European Economic Community.
7. This Protocol shall enter into force 30 days after the date of its adoption by the Czech Republic.
8. Czech Republic, states with contracting party The General Agreement referred to in point 1 of this Protocol may accede to the General Agreement under the applicable conditions of this Protocol by deposit with the Director-General of an instrument of accession. Such access shall become effective on the date of entry into force of the General Agreement pursuant to Article XXVI or 30 days after the date of deposit of the instrument of accession, whichever date is later. For the purposes of paragraph 2 of Article XXXII of this Agreement, access to the General Agreement under this point shall be deemed to be the adoption of an Agreement under paragraph 4 of Article XXVI thereof.
9. The Czech Republic may withdraw its provisional application The General Agreement prior to its access to it under point 8 and such an appeal shall become effective 60 days after the date on which the Director-General received the written notification thereof.
10. The Director-General shall immediately send a certified copy of this Protocol and a notification of any acceptance under point 6 to each Contracting Party, the European Economic Community and the Czech Republic.
11. This Protocol shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.
Done at Geneva, 19 February 1993, in one copy in English, French and Spanish, unless otherwise specified in relation to the instrument (customs concessions) annexed thereto, each text being authentic.
Prague, April 1, 1993
Dear Director-General,
in paragraph 3 The Protocol of Accession of the Czech Republic to the General Agreement on Tariffs and Trade has undertaken to apply for membership of a number of instruments negotiated under the auspices of the General Agreement on Tariffs and Trade immediately after its accession.
Since the Czech Republic will become a Contracting Party to the General Agreement on Tariffs and Trade with the entry into force of the Protocol of Accession on 15 April 1993, i.e. thirty days after its adoption by my Government on 16 March 1993, I have the honour to inform you of the adoption by the Czech Republic of the Agreement on International Trade in Textile Goods through the Protocol maintaining the Agreement of 9 December 1992 under the same conditions as those adopted by the Czech and Slovak Federal Republic.
It is understood that the Czech Republic's membership of this arrangement will enter into force on the date of its accession to the General Agreement.
Respectfully
Vladimir Long v. r.
Minister for Industry and Trade
Czech Republic
Mr
Arthur Dunkel
Director-General
General agreements on customs and trade
Geneva
Prague, April 1, 1993
Dear Director-General,
in paragraph 3 The Czech Republic has undertaken to apply for membership or to accept a number of instruments agreed under the auspices of the General Agreement on Tariffs and Trade immediately after its accession.
Since the Czech Republic will become a Contracting Party to the General Agreement on Tariffs and Trade with the entry into force of the Protocol of Accession on 15 April 1993, i.e. thirty days after its adoption by my Government on 16 March 1993, I have the honour to inform you of the adoption by the Czech Republic of the following agreements resulting from the Tokyo Round of multilateral trade negotiations under the General Agreement on Tariffs and Trade under the same conditions as those adopted by the Czech and Slovak Federal Republic:
Agreements on technical barriers to trade,
Agreements on the implementation of Article VI of the General Agreement on Tariffs and Trade,
Import licence agreements,
Agreements on the implementation of Article VII of the General Agreement on Tariffs and Trade.
It is understood that the Czech Republic's membership of these agreements will enter into force on the date of its accession to the General Agreement.
Respectfully
Vladimir Long v. r.
Minister for Industry and Trade
Czech Republic
Mr
Arthur Dunkel
Director-General
General agreements on customs and trade
Geneva
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Regulation Information
| Citation | Communication from the Ministry of Foreign Affairs No. 209 / 1994 Coll., on the adoption of the Protocol on access to the General Agreement on Tariffs and Trade (GATT) of 30 October 1947 |
|---|---|
| Regulation Type | International Treaty |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.11.1994 |
|---|---|
| Effective from | 15.04.1993 |
| Effective until | - |
| Status | Valid |
Legal Areas:
International law
International public law
The regulation text is for informational purposes only.
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