URUGUAY ROUND AGREEMENT
Decision on the Establishment of the Preparatory Committee for the World Trade Organization
The texts reproduced in this section do not have the legal standing of the original documents which are entrusted and kept at the WTO Secretariat in Geneva.
Ministers,
Having regard to the Agreement Establishing the World Trade Organization (hereinafter referred to as “the WTO Agreement” and “the WTO”), and
Mindful of the desirability of ensuring an orderly transition to the WTO and the efficient operation of the WTO as of the date of entry into force,
Hereby agree as follows:
1. A Preparatory Committee for the WTO (hereinafter referred to as “Committee”) is hereby established. Mr. P.D. Sutherland in his personal capacity is appointed Chairman of the Committee.
2. The Committee shall be open for membership to all Signatories of the Final Act of the Uruguay Round of Multilateral Trade Negotiations and to any contracting party eligible to become an original member of the WTO in accordance with Article XI of the WTO Agreement.
3. A Sub-Committee on Budget, Finance and Administration, to be chaired by the Chairman of the GATT CONTRACTING PARTIES, and a Sub-Committee on Services responsible for preparatory work on GATS matters are also established. The Committee may establish additional sub-committees as appropriate. Membership of the Sub-Committees shall be open to all members of the Committee. The Committee shall establish its own procedures and those of its sub-committees.
4. The Committee will make all its decisions by consensus.
5. Only those members of the Committee that are GATT contracting parties eligible to become original Members of the WTO in accordance with Articles XI and XIV of the WTO Agreement may participate in the decision-making of the Committee.
6. The Committee and its sub-committees shall be serviced by the GATT Secretariat.
7. The Committee shall cease to exist upon the entry into force of the WTO Agreement, at which time it will forward its records and recommendations to the WTO.
8. The Committee shall perform such functions as may be necessary to ensure the efficient operation of the WTO immediately as of the date of its establishment, including the functions set out below:
(a) Administrative,
budgetary and financial matters:
To prepare recommendations for the consideration of the
competent body of the WTO, or, to the extent necessary, take decisions
or, as appropriate, provisional decisions in advance of the
establishment of the WTO, with respect to the recommendations
submitted to it by the Chairman of the Sub-Committee on Budget,
Finance and Administration referred to in paragraph 3 above, in
cooperation with the Chairman of the GATT Committee on Budget, Finance
and Administration, assisted by proposals from the Secretariat on:
(i)
the headquarters
agreement provided for in Article VIII:5 of the WTO Agreement;
(ii) financial regulations,
including guidelines for the assessment of WTO members’ budget
contributions, in accordance with the criteria set out in Article VII
of the WTO Agreement;
(iii) the budget estimates
for the first year of operation of the WTO;
(iv) the transfer of the property, including financial assets,
of the ICITO/GATT to the WTO;
(v)
the transfer and the
terms and conditions of the transfer of the GATT staff to the WTO
Secretariat; and
(vi) the relationship between the International Trade Centre
and the WTO.
(b) Institutional,
procedural and legal matters:
(i)
To carry out the
examination of and approve the schedules submitted to it in accordance
with the “Decision on Acceptance of and Accession to the Agreement
Establishing the World Trade Organization” and to propose terms of
accession in accordance with paragraph 2 of that Decision;
(ii) To make proposals
concerning terms of reference for the bodies of the WTO, in particular
those established in Article IV of the WTO Agreement, and the
rules of procedure which they are called upon to establish for themselves,
bearing in mind paragraph 1 of Article XVI;
(iii) To make recommendations
to the General Council of the WTO concerning the appropriate
arrangements with respect to relations with other organizations
referred to in Article V of the WTO Agreement; and
(iv) To prepare and submit a
report on its activities to the WTO.
(c) Matters
related to the entry into force of the WTO Agreement and to the
activities of the WTO within its scope and functions:
(i)
To convene and prepare
the Implementation Conference;
(ii) To initiate the work
programme arising from the Uruguay Round results as set out in the
Final Act, such as overseeing, in the Sub-Committee on Services
referred to in paragraph 3 above, negotiations in specific services
sectors, and also to undertake work resulting from Decisions of the
Marrakesh meeting;
(iii) To discuss suggestions
for the inclusion of additional items on the agenda of the WTO’s work
programme;
(iv) To make proposals concerning the composition of the Textiles
Monitoring Body in accordance with the criteria set out in Article 8
of the Agreement on Textiles and Clothing; and
(v) To convene the first meeting of the Ministerial Conference or the General Council of the WTO, whichever meets first, and to prepare the provisional agenda thereof.
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