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Chinese Laws and Regulations Home
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| Protocol
on the Accession of the People's Republic of China |
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| Preamble |
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The
World Trade Organization ("WTO"), pursuant to the approval
of the Ministerial Conference of the WTO accorded under Article XII
of the Marrakesh Agreement Establishing the World Trade Organization
("WTO Agreement"), and the People's Republic of China
("China"),
Recalling that
China was an original contracting party to the General Agreement
on Tariffs and Trade 1947,
Taking note that
China is a signatory to the Final Act Embodying the Results of the
Uruguay Round of Multilateral Trade Negotiations,
Taking note of
the Report of the Working Party on the Accession of China in document
WT/ACC/CHN/49 ("Working Party Report"),
Having regard to
the results of the negotiations concerning China's membership in
the WTO,
Agree as follows:
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| Part
I - General Provisions |
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| 1.
General |
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1. Upon accession, China accedes to the WTO Agreement
pursuant to Article XII of that Agreement and thereby becomes a
Member of the WTO.
2. The WTO Agreement to which China accedes shall
be the WTO Agreement as rectified, amended or otherwise modified
by such legal instruments as may have entered into force before
the date of accession. This
Protocol, which shall include the commitments referred to in paragraph
342 of the Working Party Report, shall be an integral part of the
WTO Agreement.
3. Except as otherwise provided for in this Protocol,
those obligations in the Multilateral Trade Agreements annexed
to the WTO Agreement that are to be implemented over a period of
time starting with entry into force of that Agreement shall be implemented
by China as if it had accepted that Agreement on the date of its
entry into force.
4. China may maintain a measure inconsistent with
paragraph 1of Article II of the General Agreement on Trade in Services
("GATS") provided that such a measure is recorded in the
List of Article II Exemptions annexed to this Protocol and meets
the conditions of the Annex to the GATS on Article II Exemptions.
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| 2.
Administration of the Trade Regime |
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| (A) Uniform Administration |
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1. The provisions of the WTO Agreement and this Protocol
shall apply to the entire customs territory of China, including
border trade regions and minority autonomous areas, Special Economic
Zones, open coastal cities, economic and technical development zones
and other areas where special regimes for tariffs, taxes and regulations
are established (collectively referred to as "special economic
areas").
2. China shall apply and administer in a uniform,
impartial and reasonable manner all its laws, regulations and other
measures of the central government as well as local regulations,
rules and other measures issued or applied at the sub-national level
(collectively referred to as "laws, regulations and other measures")
pertaining to or affecting trade in goods, services, trade-related
aspects of intellectual property rights ("TRIPS") or the
control of foreign exchange.
3. China's local regulations, rules and other measures
of local governments at the sub-national level shall conform to
the obligations undertaken in the WTO Agreement and this Protocol.
4. China shall establish a mechanism under w
hich
individuals and enterprises can bring to the attention of the national
authorities cases of non-uniform application of the trade regime.
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| (B) Special Economic Areas |
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1. China shall notify to the WTO all the relevant
laws, regulations and other measures relating to its special economic
areas, listing these areas by name and indicating the geographic
boundaries that define them. China
shall notify the WTO promptly, but in any case within 60 days, of
any additions or modifications to its special economic areas, including
notification of the laws, regulations and other measures relating
thereto.
2. China shall apply to imported products, including
physically incorporated components, introduced into the other parts
of China's customs territory from the special economic areas, all
taxes, charges and measures affecting imports, including import
restrictions and customs and tariff charges, that are normally applied
to imports into the other parts of China's customs territory.
3. Except as otherwise provided for in this Protocol,
in providing preferential arrangements for enterprises within such
special economic areas, WTO provisions on non-discrimination and
national treatment shall be fully observed.
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| (C) Transparency |
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1. China undertakes that only those laws, regulations
and other measures pertaining to or affecting trade in goods, services,
TRIPS or the control of foreign exchange that are published and
readily available to other WTO Members, individuals and enterprises,
shall be enforced. In addition,
China shall make available to WTO Members, upon request, all laws,
regulations and other measures pertaining to or affecting trade
in goods, services, TRIPS or the control of foreign exchange before
such measures are implemented or enforced.
In emergency situations, laws, regulations and other measures
shall be made available at the latest when they are implemented
or enforced.
2. China shall establish or designate an official
journal dedicated to the publication of all laws, regulations and
other measures pertaining to or affecting trade in goods, services,
TRIPS or the control of foreign exchange and, after publication
of its laws, regulations or other measures in such journal, shall
provide a reasonable period for comment to the appropriate authorities
before such measures are implemented, except for those laws, regulations
and other measures involving national security, specific measures
setting foreign exchange rates or monetary policy and other measures
the publication of which would impede law enforcement.
China shall publish this journal on a regular basis and make
copies of all issues of this journal readily available to individuals
and enterprises.
3. China shall establish or designate an enquiry
point where, upon request of any individual, enterprise or WTO Member
all information relating to the measures required to be published
under paragraph 2(C)1 of this Protocol may be obtained. Replies to requests for information shall generally
be provided within 30 days after receipt of a request. In exceptional cases, replies may be provided
within 45 days after receipt of a request. Notice of the delay and the reasons therefor shall be provided in
writing to the interested party. Replies to WTO Members shall be complete and shall represent the
authoritative view of the Chinese government. Accurate and reliable information shall be provided to individuals
and enterprises.
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| (D) Judicial Review |
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1. China shall establish, or designate, and maintain
tribunals, contact points and procedures for the prompt review of
all administrative actions relating to the implementation of laws,
regulations, judicial decisions and administrative rulings of general
application referred to in Article X:1 of the GATT 1994, Article
VI of the GATS and the relevant provisions of the TRIPS Agreement. Such tribunals shall be impartial and independent
of the agency entrusted with administrative enforcement and shall
not have any substantial interest in the outcome of the matter.
2. Review procedures shall include the opportunity
for appeal, without penalty, by individuals or enterprises affected
by any administrative action subject to review. If the initial right of appeal is to an administrative
body, there shall in all cases be the opportunity to choose to appeal
the decision to a judicial body.
Notice of the decision on appeal shall be given to the appellant
and the reasons for such decision shall be provided in writing. The appellant shall also be informed of any
right to further appeal.
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| 3.
Non-discrimination |
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Except
as otherwise provided for in this Protocol, foreign individuals
and enterprises and foreign-funded enterprises shall be accorded
treatment no less favourable than that accorded to other individuals
and enterprises in respect of:
(a) the procurement
of inputs and goods and services necessary for production and the
conditions under which their goods are produced, marketed or sold,
in the domestic market and for export;
and
(b) the prices
and availability of goods and services supplied by national and
sub-national authorities and public or state enterprises, in areas
including transportation, energy, basic telecommunications, other
utilities and factors of production.
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| 4.
Special Trade Arrangements |
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Upon
accession, China shall eliminate or bring into conformity with the
WTO Agreement all special trade arrangements, including barter trade
arrangements, with third countries and separate customs territories,
which are not in conformity with the WTO Agreement.
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| 5.
Right to Trade |
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1. Without prejudice to China's right to regulate
trade in a manner consistent with the WTO Agreement, China shall
progressively liberalize the availability and scope of the right
to trade, so that, within three years after accession, all enterprises
in China shall have the right to trade in all goods throughout the
customs territory of China, except for those goods listed in Annex
2A which continue to be subject to state trading in accordance with
this Protocol. Such right to trade shall be the right to import
and export goods. All such
goods shall be accorded national treatment under Article III of
the GATT 1994, especially paragraph 4 thereof, in respect of their
internal sale, offering for sale, purchase, transportation, distribution
or use, including their direct access to end-users. For those goods listed in Annex 2B, China shall phase out limitation
on the grant of trading rights pursuant to the schedule in that
Annex. China shall complete
all necessary legislative procedures to implement these provisions
during the transition period.
2. Except as otherwise provided for in this Protocol,
all foreign individuals and enterprises, including those not invested
or registered in China, shall be accorded treatment no less favourable
than that accorded to enterprises in China with respect to the right
to trade.
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| 6.
State Trading |
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1. China shall ensure that import purchasing procedures
of state trading enterprises are fully transparent, and in compliance
with the WTO Agreement, and shall refrain from taking any measure
to influence or direct state trading enterprises as to the quantity,
value, or country of origin of goods purchased or sold, except in
accordance with the WTO Agreement.
2. As part of China's notification under the GATT
1994 and the Understanding on the Interpretation of Article XVII
of the GATT 1994, China shall also provide full information on the
pricing mechanisms of its state trading enterprises for exported
goods.
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| 7.
Non-Tariff Measures |
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1. China shall implement the schedule for phased
elimination of the measures contained in Annex 3. During the periods specified in Annex 3, the
protection afforded by the measures listed in that Annex shall not
be increased or expanded in size, scope or duration, nor shall any
new measures be applied, unless in conformity with the provisions
of the WTO Agreement.
2. In implementing the provisions of Articles III
and XI of the GATT 1994 and the Agreement on Agriculture, China
shall eliminate and shall not introduce, re-introduce or apply non-tariff
measures that cannot be justified under the provisions of the WTO
Agreement. For all non-tariff
measures, whether or not referred to in Annex 3, that are applied
after the date of accession, consistent with the WTO Agreement or
this Protocol, China shall allocate and otherwise administer such
measures in strict conformity with the provisions of the WTO Agreement,
including GATT 1994 and Article XIII thereof, and the Agreement
on Import Licensing Procedures, including notification requirements.
3. China shall, upon accession,
comply with the TRIMs Agreement, without recourse to the provisions
of Article 5 of the TRIMs Agreement. China shall eliminate and cease to enforce trade and foreign
exchange balancing requirements, local content and export or performance
requirements made effective through laws, regulations or other measures. Moreover, China will not enforce provisions
of contracts imposing such requirements. Without prejudice to the relevant provisions of this Protocol, China
shall ensure that the distribution of import licences, quotas, tariff
rate quotas, or any other means of approval for importation, the
right of importation or investment by national and sub national
authorities, is not conditioned on:
whether competing domestic suppliers of such products exist; or performance requirements of any kind, such as local content, offsets,
the transfer of technology, export performance or the conduct of
research and development in China.
4. Import and export prohibitions and restrictions,
and licensing requirements affecting imports and exports shall only
be imposed and enforced by the national authorities or by sub-national
authorities with authorization from the national authorities. Such measures which are not imposed by the national
authorities or by sub-national authorities with authorization from
the national authorities, shall not be implemented or enforced.
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| 8.
Import and Export Licensing |
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1. In implementing the WTO Agreement and provisions
of the Agreement on Import Licensing Procedures, China shall undertake
the following measures to facilitate compliance with these agreements:
(a) China
shall publish on a regular basis the following in the official journal
referred to in paragraph 2(C)2 of this Protocol:
每 by product, the list of all organizations, including
those organizations delegated such authority by the national authorities,
that are responsible for authorizing or approving imports or exports,
whether through grant of licence or other approval;
每 procedures and criteria for obtaining such import
or export licences or other approvals, and the conditions for deciding
whether they should be granted;
每 a list of all products, by tariff number, that
are subject to tendering requirements, including information on
products subject to such tendering requirements and any changes,
pursuant to the Agreement on Import Licensing Procedures;
每 a list of all goods and technologies whose import
or export are restricted or prohibited; these goods shall also be notified to the Committee on Import Licensing;
每 any changes to the list of goods and technologies
whose import and export are restricted or prohibited.
Copies of these submissions in one or more official
languages of the WTO shall be forwarded to the WTO for circulation
to WTO Members and for submission to the Committee on Import Licensing
within 75 days of each publication.
(b) China
shall notify the WTO of all licensing and quota requirements remaining
in effect after accession, listed separately by HS tariff line and
with the quantities associated with the restriction, if any, and
the justification for maintaining the restriction or its scheduled
date of termination.
(c) China
shall submit the notification of its import licensing procedures
to the Committee on Import Licensing.
China shall report annually to the Committee on Import Licensing
on its automatic import licensing procedures, explaining the circumstances
which give rise to these requirements and justifying the need for
their continuation. This report shall also provide the information
listed in Article 3 of the Agreement on Import Licensing Procedures.
(d) China
shall issue import licences for a minimum duration of validity of
six months, except where exceptional circumstances make this impossible. In such cases, China shall promptly notify the
Committee on Import Licensing of the exceptional circumstances requiring
the shorter period of licence validity.
2. Except as otherwise provided for in this Protocol,
foreign individuals and enterprises and foreign-funded enterprises
shall be accorded treatment no less favourable than that accorded
to other individuals and enterprises in respect of the distribution
of import and export licences and quotas.
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| 9.
Price Controls |
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1. China shall, subject to paragraph 2 below, allow
prices for traded goods and services in every sector to be determined
by market forces, and multi-tier pricing practices for such goods
and services shall be eliminated.
2. The goods and services listed in Annex 4 may be
subject to price controls, consistent with the WTO Agreement, in
particular Article III of the GATT 1994 and Annex 2, paragraphs
3 and 4 of the Agreement on Agriculture. Except in exceptional circumstances, and subject to notification
to the WTO, price controls shall not be extended to goods or services
beyond those listed in Annex 4, and China shall make best efforts
to reduce and eliminate these controls.
3. China shall publish in the official journal the
list of goods and services subject to state pricing and changes
thereto.
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| 10. Subsidies |
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1. China shall notify the WTO of any subsidy within
the meaning of Article 1 of the Agreement on Subsidies and Countervailing
Measures ("SCM Agreement"), granted or maintained in its
territory, organized by specific product, including those subsidies
defined in Article 3 of the SCM Agreement. The information provided should be as specific as possible, following
the requirements of the questionnaire on subsidies as noted in Article
25 of the SCM Agreement.
2.
For purposes of applying Articles 1.2 and 2 of the SCM Agreement,
subsidies provided to state-owned enterprises will be viewed as
specific if, inter alia, state owned enterprises are the predominant
recipients of such subsidies or state owned enterprises receive
disproportionately large amounts of such subsidies.
3. China shall eliminate all subsidy programmes falling
within the scope of Article 3 of the SCM Agreement upon accession.
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| 11.
Taxes and Charges Levied on Imports and Exports |
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1. China shall ensure that customs fees or charges
applied or administered by national or sub-national authorities,
shall be in conformity with the GATT 1994.
2. China shall ensure that internal taxes and charges,
including value-added taxes, applied or administered by national
or sub-national authorities shall be in conformity with the GATT
1994.
3. China shall eliminate all taxes and charges applied
to exports unless specifically provided for in Annex 6 of this Protocol
or applied in conformity with the provisions of Article VIII of
the GATT 1994.
4. Foreign individuals and enterprises and foreign-funded
enterprises shall, upon accession, be accorded treatment no less
favourable than that accorded to other individuals and enterprises
in respect of the provision of border tax adjustments.
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| 12. Agriculture |
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1. China shall implement the provisions contained
in China's Schedule of Concessions and Commitments on Goods and,
as specifically provided in this Protocol, those of the Agreement
on Agriculture. In this context,
China shall not maintain or introduce any export subsidies on agricultural
products.
2. China shall, under the Transitional Review Mechanism,
notify fiscal and other transfers between or among state-owned enterprises
in the agricultural sector (whether national or sub-national) and
other enterprises that operate as state trading enterprises in the
agricultural sector.
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| 13.
Technical Barriers to Trade |
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1. China shall publish in the official journal all
criteria, whether formal or informal, that are the basis for a technical
regulation, standard or conformity assessment procedure.
2. China shall, upon accession, bring into conformity
with the TBT Agreement all technical regulations, standards and
conformity assessment procedures.
3. China shall apply conformity assessment procedures
to imported products only to determine compliance with technical
regulations and standards that are consistent with the provisions
of this Protocol and the WTO Agreement. Conformity assessment bodies
will determine the conformity of imported products with commercial
terms of contracts only if authorized by the parties to such contract.
China shall ensure that such inspection of products for compliance
with the commercial terms of contracts does not affect customs clearance
or the granting of import licences for such products.
4. (a) Upon accession, China shall ensure that the same technical regulations,
standards and conformity assessment procedures are applied to both
imported and domestic products. In order to ensure a smooth transition from the current system, China
shall ensure that, upon accession, all certification, safety licensing,
and quality licensing bodies and agencies are authorized to undertake
these activities for both imported and domestic products, and that,
one year after accession, all conformity assessment bodies and agencies
are authorized to undertake conformity assessment for both imported
and domestic products. The
choice of body or agency shall be at the discretion of the applicant. For imported and domestic products, all bodies
and agencies shall issue the same mark and charge the same fee. They shall also provide the same processing
periods and complaint procedures. Imported products shall not be subject to more than one conformity
assessment. China shall publish
and make readily available to other WTO Members, individuals, and
enterprises full information on the respective responsibilities
of its conformity assessment bodies and agencies.
(b) No later than 18 months after accession, China shall assign the respective
responsibilities of its conformity assessment bodies solely on the
basis of the scope of work and type of product without any consideration
of the origin of a product. The
respective responsibilities that will be assigned to China＊s conformity
assessment bodies will be notified to the TBT Committee 12 months
after accession.
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| 14.
Sanitary and Phytosanitary Measures |
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China
shall notify to the WTO all laws, regulations and other measures
relating to its sanitary and phytosanitary measures, including product
coverage and relevant international standards, guidelines and recommendations,
within 30 days after accession.
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| 15.
Price Comparability in Determining Subsidies and Dumping |
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Article
VI of the GATT 1994, the Agreement on Implementation of Article
VI of the General Agreement on Tariffs and Trade 1994 ("Anti-Dumping
Agreement") and the SCM Agreement shall apply in proceedings
involving imports of Chinese origin into a WTO Member consistent
with the following:
(a) In determining price comparability under Article
VI of the GATT 1994 and the Anti Dumping Agreement, the importing
WTO Member shall use either Chinese prices or costs for the industry
under investigation or a methodology that is not based on a strict
comparison with domestic prices or costs in China based on the following
rules:
(i) If the producers under investigation
can clearly show that market economy conditions prevail in the industry
producing the like product with regard to the manufacture, production
and sale of that product, the importing WTO Member shall use Chinese
prices or costs for the industry under investigation in determining
price comparability;
(ii) The importing WTO Member
may use a methodology that is not based on a strict comparison with
domestic prices or costs in China if the producers under investigation
cannot clearly show that market economy conditions prevail in the
industry producing the like product with regard to manufacture,
production and sale of that product.
(b) In proceedings under Parts II, III and V of the
SCM Agreement, when addressing subsidies described in Articles 14(a),
14(b), 14(c) and 14(d), relevant provisions of the SCM Agreement
shall apply; however, if there are special difficulties in that application, the
importing WTO Member may then use methodologies for identifying
and measuring the subsidy benefit which take into account the possibility
that prevailing terms and conditions in China may not always be
available as appropriate benchmarks.
In applying such methodologies, where practicable, the importing
WTO Member should adjust such prevailing terms and conditions before
considering the use of terms and conditions prevailing outside China.
(c) The importing WTO Member shall notify methodologies
used in accordance with subparagraph (a) to the Committee on Anti-Dumping
Practices and shall notify methodologies used in accordance with
subparagraph (b) to the Committee on Subsidies and Countervailing
Measures.
(d) Once China has established, under the national
law of the importing WTO Member, that it is a market economy, the
provisions of subparagraph (a) shall be terminated provided that
the importing Member's national law contains market economy criteria
as of the date of accession. In
any event, the provisions of subparagraph (a)(ii) shall expire 15
years after the date of accession.
In addition, should China establish, pursuant to the national
law of the importing WTO Member, that market economy conditions
prevail in a particular industry or sector, the non market economy
provisions of subparagraph (a) shall no longer apply to that industry
or sector.
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| 16. Transitional Product-Specific Safeguard Mechanism |
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1.
In cases where products of Chinese origin are being imported
into the territory of any WTO Member in such increased quantities
or under such conditions as to cause or threaten to cause market
disruption to the domestic producers of like or directly competitive
products, the WTO Member so affected may request consultations with
China with a view to seeking a mutually satisfactory solution, including
whether the affected WTO Member should pursue application of a measure
under the Agreement on Safeguards. Any such request shall be notified immediately to the Committee on
Safeguards.
2.
If, in the course of these bilateral consultations, it is
agreed that imports of Chinese origin are such a cause and that
action is necessary, China shall take such action as to prevent
or remedy the market disruption. Any such action shall be notified immediately
to the Committee on Safeguards.
3.
If consultations do not lead to an agreement between China
and the WTO Member concerned within 60 days of the receipt of a
request for consultations, the WTO Member affected shall be free,
in respect of such products, to withdraw concessions or otherwise
to limit imports only to the extent necessary to prevent or remedy
such market disruption. Any
such action shall be notified immediately to the Committee on Safeguards.
4.
Market disruption shall exist whenever imports of an article,
like or directly competitive with an article produced by the domestic
industry, are increasing rapidly, either absolutely or relatively,
so as to be a significant cause of material injury, or threat of
material injury to the domestic industry. In determining if market disruption exists,
the affected WTO Member shall consider objective factors, including
the volume of imports, the effect of imports on prices for like
or directly competitive articles, and the effect of such imports
on the domestic industry producing like or directly competitive
products.
5.
Prior to application of a measure pursuant to paragraph 3,
the WTO Member taking such action shall provide reasonable public
notice to all interested parties and provide adequate opportunity
for importers, exporters and other interested parties to submit
their views and evidence on the appropriateness of the proposed
measure and whether it would be in the public interest. The WTO Member shall provide written notice
of the decision to apply a measure, including the reasons for such
measure and its scope and duration.
6.
A WTO Member shall apply a measure pursuant to this Section
only for such period of time as may be necessary to prevent or remedy
the market disruption. If a measure is taken as a result of a relative
increase in the level of imports, China has the right to suspend
the application of substantially equivalent concessions or obligations
under the GATT 1994 to the trade of the WTO Member applying the
measure, if such measure remains in effect more than two years. However, if a measure is taken as a result of an absolute increase
in imports, China has a right to suspend the application of substantially
equivalent concessions or obligations under the GATT 1994 to the
trade of the WTO Member applying the measure, if such measure remains
in effect more than three years.
Any such action by China shall be notified immediately to
the Committee on Safeguards.
7.
In critical circumstances, where delay would cause damage
which it would be difficult to repair, the WTO Member so affected
may take a provisional safeguard measure pursuant to a preliminary
determination that imports have caused or threatened to cause market
disruption. In this case, notification of the measures taken to the Committee
on Safeguards and a request for bilateral consultations shall be
effected immediately thereafter.
The duration of the provisional measure shall not exceed
200 days during which the pertinent requirements of paragraphs 1,
2 and 5 shall be met. The duration of any provisional measure shall
be counted toward the period provided for under paragraph 6.
8.
If a WTO Member considers that an action taken under paragraphs
2, 3 or 7 causes or threatens to cause significant diversions of
trade into its market, it may request consultations with China and/or
the WTO Member concerned. Such consultations shall be held within 30 days
after the request is notified to the Committee on Safeguards. If such consultations fail to lead to an agreement
between China and the WTO Member or Members concerned within 60
days after the notification, the requesting WTO Member shall be
free, in respect of such product, to withdraw concessions accorded
to or otherwise limit imports from China, to the extent necessary
to prevent or remedy such diversions.
Such action shall be notified immediately to the Committee
on Safeguards.
9.
Application of this Section shall be terminated 12 years
after the date of accession.
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| 17.
Reservations by WTO Members |
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All
prohibitions, quantitative restrictions and other measures maintained
by WTO Members against imports from China in a manner inconsistent
with the WTO Agreement are listed in Annex 7. All such prohibitions,
quantitative restrictions and other measures shall be phased out
or dealt with in accordance with mutually agreed terms and timetables
as specified in the said Annex.
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| 18. Transitional Review Mechanism |
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1.
Those subsidiary bodies of the WTO which have a mandate covering China's
commitments under the WTO Agreement or this Protocol shall, within
one year after accession and in accordance with paragraph 4 below,
review, as appropriate to their mandate, the implementation by China
of the WTO Agreement and of the related provisions of this Protocol.
China shall provide relevant information, including information
specified in Annex 1A, to each subsidiary body in advance of the
review. China can also raise
issues relating to any reservations under Section 17 or to any other
specific commitments made by other Members in this Protocol, in
those subsidiary bodies which have a relevant mandate. Each subsidiary body shall report the results
of such review promptly to the relevant Council established by paragraph
5 of Article IV of the WTO Agreement, if applicable, which shall
in turn report promptly to the General Council.
2.
The General Council shall, within one year after accession,
and in accordance with paragraph 4 below, review the implementation
by China of the WTO Agreement and the provisions of this Protocol.
The General Council shall conduct such review in accordance
with the framework set out in Annex 1B and in the light of the results
of any reviews held pursuant to paragraph 1. China also can raise issues relating to any reservations under Section
17 or to any other specific commitments made by other Members in
this Protocol. The General
Council may make recommendations to China and to other Members in
these respects.
3.
Consideration of issues pursuant to this Section shall be
without prejudice to the rights and obligations of any Member, including
China, under the WTO Agreement or any Plurilateral Trade Agreement,
and shall not preclude or be a precondition to recourse to consultation
or other provisions of the WTO Agreement or this Protocol.
4.
The review provided for in paragraphs 1 and 2 will take place
after accession in each year for eight years.
Thereafter there will be a final review in year 10 or at
an earlier date decided by the General Council.
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| Part
II - Schedules |
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1. The Schedules annexed to this Protocol shall become
the Schedule of Concessions and Commitments annexed to the GATT
1994 and the Schedule of Specific Commitments annexed to the GATS
relating to China. The staging
of concessions and commitments listed in the Schedules shall be
implemented as specified in the relevant parts of the relevant Schedules.
2. For the purpose of the reference in paragraph
6(a) of Article II of the GATT 1994 to the date of that Agreement,
the applicable date in respect of the Schedules of Concessions and
Commitments annexed to this Protocol shall be the date of accession.
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| Part
III - Final Provisions |
1. This Protocol shall be open for acceptance, by
signature or otherwise, by China until 1 January 2002.
2. This Protocol shall enter into force on the thirtieth
day following the day of its acceptance.
3. This Protocol shall be deposited with the Director-General
of the WTO. The Director-General shall promptly furnish a certified
copy of this Protocol and a notification of acceptance by China
thereof, pursuant to paragraph 1 of Part III of this Protocol,
to each WTO Member and to China.
4. This Protocol shall be registered in accordance
with the provisions of Article 102 of the Charter of the United
Nations.
Done at Doha this tenth day of November two thousand
and one, in a single copy, in the English, French and Spanish
languages, each text being authentic, except that a Schedule annexed
hereto may specify that it is authentic in only one or more of
these languages.
Council for Trade in Goods, Council for Trade-Related Aspects of Intellectual
Property Rights, Council for Trade in Services, Committees on
Balance-of-Payments Restrictions, Market Access (covering also
ITA), Agriculture, Sanitary and Phytosanitary Measures, Technical
Barriers to Trade, Subsidies and Countervailing Measures, Anti-Dumping
Measures, Customs Valuation, Rules of Origin, Import Licensing,
Trade-Related Investment Measures, Safeguards, Trade in Financial
Services.
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