Annex 2 Wto Agreement

When the provisions of Article XXIII, paragraph 1, under c), of the 1994 GATT apply to a covered agreement, a body can only make decisions and make recommendations if: when a party considers that any benefit directly or indirectly affected by the agreement concerned is nullified or compromised, or when the achievement of a purpose of this agreement is hampered by the existence of a situation different from that to which the provisions of Article XXIII, points (a) and (b) of GATT 1994 apply. If that party and an entity find that the matter falls within this paragraph, the procedures of this agreement apply only to the point of the procedure at which the panel`s report was issued to the members and to the extent that the panel`s report was issued. The contentious rules and procedures of the GATT Representatives` Council of 12 April 1989 (BISD 36S/61) apply to the review of adoption and to the monitoring and implementation of recommendations and decisions. 3.12 Notwithstanding paragraph 3.11 above, when a member of a developing country files a complaint against a member of a developed country on the basis of one of the agreements covered by this agreement, applies; The complainant has the right to refer to the provisions in Articles 4, 5, 6 and 12 of this agreement, replacing the corresponding provisions of the decision of the contracting parties of 5 April 1966 (BISD 14S/18), unless the proceeding considers that the time limit in paragraph 7 of this decision is not sufficient to present its report and may be extended with the consent of the complainant. To the extent that there is a difference between the rules and procedures of these paragraphs and the corresponding rules and procedures of the decision, it prevails. 8.1 Working groups are made up of well-qualified government and/or non-governmental persons, including persons who have served or submitted a file to a panel, as representatives of a WTO member or contracting party to the 1947 GATT, or as representatives of a covered agreement or a member of its predecessor or within the secretariat, who has been briefed or published on international trade law or international trade policy, or as a member`s trade policy officer. 3.2 The WTO dispute settlement system is an essential element in ensuring the security and predictability of the multilateral trading system. WTO members recognize that it is intended to preserve members` rights and obligations under the instruments covered and to clarify the existing provisions of those agreements, in accordance with the usual rules of interpretation of international law. The DSB`s recommendations and decisions should not increase or diminish the duties and obligations set out in the covered agreements. 8.4 To assist in the selection of roundtable participants, the secretariat maintains an indicative list of government and non-governmental personalities with the qualifications covered in paragraph 1, from which roundtable participants may, if necessary, be selected. This list includes the list of non-governmental participants in the roundtables drawn up by the GATT CONTRACTING PARTIES on November 30, 1984 (BISD 31S/9), as well as other service tables and indicative lists drawn up under one of the covered agreements and retains the names of individuals on these working tables and indicative lists on the effective date of this agreement. Members may, at regular intervals, propose names of government and non-governmental individuals for inclusion on the indicative list and provide relevant information on their knowledge of international trade as well as the sectors or themes of the covered agreements, and these names are added to the list after approval by the DSB.



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