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7.12.2011 Official
Journal
of
the
European
Union L
324/29
COUNCIL DECISION
of 30 November 2011
establishing the position to be taken by the European Union within the General Council of the
World Trade Organization as regards requests for granting and/or extending certain WTO waivers
(2011/810/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(5) The
current
waiver
relating
to
Canada’s
trade
preference
programme CARIBCAN will expire on 31 December
2011. Any extension of that waiver would be of
minimal economic and trade importance to the Union
Having regard to the Treaty on the Functioning of the European
and would also be in line with the Union’s policy to
Union, and in particular the first subparagraph of
support the economic development of developing
Article 207(4), in conjunction with Article 218(9), thereof,
countries through trade preferences.
Having regard to the proposal from the European Commission,
(6) The
current
waiver
allowing
Cuba
to
derogate
from
paragraph 6 of Article XV GATT 1994 will expire on
31 December 2011. Any extension of that waiver would
Whereas:
be of minimal economic and trade importance to the
Union.
(1) Article
IX
of
the
Marrakesh
Agreement
establishing
the
World Trade Organization (WTO Agreement) sets out
(7) The
current
waiver
allowing
countries
participating
in
the
the procedures for the granting of waivers concerning
Kimberley Process certification scheme to impose certain
the Multilateral Trade Agreements in Annex 1A or 1B
restrictions on the trade of so-called ‘blood diamonds’
or 1C to the WTO Agreement and their annexes.
will expire on 31 December 2011. Any extension of
that waiver would be of minimal economic and trade
importance to the Union while being of great relevance
for its overall trade relations.
(2) When
waiver
requests
are
made
in
the
WTO,
often
a
very limited time-frame is given for the final decision
by the relevant WTO body on these requests, while
prompt reaction from the WTO Members is required.
(8)
It is appropriate, therefore, to establish the position to be
taken by the Union within the WTO General Council
concerning those waivers,
(3)
It is in the interest of the Union that there be approved
in an expeditious manner the requests for granting
and/or extending the annual waivers relating to the intro
HAS ADOPTED THIS DECISION:
duction of the Harmonised Commodity Description and
Coding System (so-called Harmonised System, HS) on
1 January 1988, and its first, second, third, fourth and
Article 1
fifth amendments, recommended by the Council of the
World Customs Organization, respectively called ‘HS92
The position to be taken by the European Union within the
changes’ (entered into force on 1 January 1992), ‘HS96
General Council of the World Trade Organization is to support
changes’ (entered into force on 1 January 1996),
the following requests relating to the WTO waivers pursuant to
‘HS2002 changes’ (entered into force on 1 January
paragraph 3 of Article IX of the WTO Agreement:
2002), ‘HS2007 changes’ (entered into force on
1 January 2007) and ‘HS2012 changes’ (will enter into
force on 1 January 2012), as well as future HS
(a) requests for granting and/or extending the waivers relating
amendments, which establish the obligation to
to the introduction of the Harmonised Commodity
introduce these changes to Members’ schedules of
Description and Coding System (HS) and its amendments
concessions (transposing schedules of tariff concessions
from 1992 (‘HS92 changes’), 1996 (‘HS96 changes’), 2002
into the HS nomenclature).
(‘HS2002 changes’), 2007 (‘HS2007 changes’) and 2012
(‘HS2012 changes’), as well as future HS amendments,
which establish the obligation to introduce these changes
to Members’ schedules of concessions;
(4) The
current
waiver
allowing
Cape
Verde
to
extend
the
period for the full implementation of Article VII of the
General Agreement on Tariffs and Trade 1994 (GATT
1994) and of the WTO Agreement on Customs
(b) requests for extending the waiver allowing Cape Verde to
Valuation will expire on 31 December 2011. Any
extend the period for the full implementation of Article VII
extension of that waiver would be of minimal
GATT 1994 and of the WTO Agreement on Customs
economic and trade importance to the Union.
Valuation;

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L 324/30
EN
Official Journal of the European Union
7.12.2011
(c) requests for extending the waiver allowing Canada to grant
the date where the Commission has informed the Trade Policy
preferential treatment to selected developing countries
Committee, the Council may request that the procedure for the
(CARIBCAN programme);
adoption of an individual Council decision on the waiver
request in question be pursued.
(d) requests for extending the waiver allowing Cuba to derogate
from paragraph 6 of Article XV GATT 1994;
Article 3
This Decision shall enter into force on the day of its adoption.
(e) requests for extending the waiver relating to the Kimberley
Process certification scheme.
Done at Brussels, 30 November 2011.
Article 2
The Commission shall inform the Council via the Trade Policy
For the Council
Committee sufficiently in advance of any meeting of the
relevant WTO body at which a decision may be taken on a
The President
request covered by this Decision. Within 10 working days of
J. VINCENT-ROSTOWSKI

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