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Table of contents back to top
I. Preamble
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A. Text of the Preamble
B. Interpretation and Application of the Preamble
II. Article 1
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A. Text of Article 1
B. Interpretation and Application of Article 1
1. Article 1(a)(ii)
(a) AMS
(b) “support”
(c) Article 1(c)
2. Article 1(e)
(a) “subsidies”
(b) “contingent upon export performance”
3. Article 1(h)
III. Article 2 and Annex 1
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A. Text of Article 2
B. Text of Annex 1
C. Interpretation and Application of Article 2 and Annex 1
IV. Article 3
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A. Text of Article 3
B. Interpretation and Application of Article 3
1. Article 3.1
2. Article 3.2
3. Article 3.3
V. Article 4
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A. Text of Article 4
B. Interpretation and Application of Article 4
1. General
(a) Purpose of Article 4
(b) Notification requirements
2. Article 4.1
3. Article 4.2
(a) “any measures which have been required to be converted into
ordinary customs duties”
(i) Interpretation
(ii) “converted”
(iii) “ordinary customs duties”
(iv) Timing of the obligation
(b) Relation with Article XI of GATT and its
Ad Note
(c) Special treatment
4. Footnote 1 to Article 4.2
(a) “quantitative import restrictions”
(b) “variable import levies”
(c) “minimum import prices”
(d) “discretionary import licensing”
(e) “similar border measures”
(i) Concept of similarity
(ii) Relevance of tariff caps in the similarity analysis
(iii) Common features of border measures
(f) “other than ordinary customs duties”
(g) Exceptions in Footnote 1
(h) Relation with Article 4.2
5. Relationship with other WTO Agreements
(a) GATT 1994
VI. Article 5
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A. Text of Article 5
B. Interpretation and Application of Article 5
1. Article 5.1(b)
2. Article 5.5
3. Article 5.7
(a) Notification requirements
4. Relation of Article 5 with other articles
VII. Article 6
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A. Text of Article 6
B. Interpretation and Application of Article 6
1. Notification requirements
2. Article 6.2
3. Article 6.3
VIII. Article 7 back to top
A. Text of Article 7
B. Interpretation and Application of Article 7
1. Paragraph 2
2. Relationship with Annex 2
IX. Article 8 back to top
A. Text of Article 8
B. Interpretation and Application of Article 8
1. Waivers from export subsidy commitments
X. Article 9 back to top
A. Text of Article 9
B. Interpretation and Application of Article 9
1. General
(a) Notification requirements
2. Article 9.1(a)
(a) “direct subsidies, including payments-in-kind”
(b) “governments or their agencies”
(c) “contingent on export performance”
3. Article 9.1(c)
(a) “payments”
(i) A payment includes a payment-in-kind
(ii) Cross-subsidization as a payment
(iii) Benchmark to be applied when assessing payments
(b) “financed by virtue of governmental action”
(i) Meaning of governmental action
(ii) Meaning of “financed”
(iii) Link between governmental action and the financing of payments
4. Article 9.1(d)
(a) “costs of marketing”
5. Article 9.2
XI. Article 10 back to top
A. Text of Article 10
B. Interpretation and Application of Article 10
1. Article 10.1
(a) Export subsidy commitments
(b) “export subsidies not listed in paragraph 1 of Article 9”
(c) “applied in a manner which results in, or which threatens to
lead to circumvention”
(i) Threat of circumvention
(ii) Relevance of a measure’s structure and characteristics in
respect of “threat of circumvention”
(iii) Difference in nature of “circumvention” in respect of
scheduled and unscheduled products
2. Article 10.2
(a) Work in the WTO on development of disciplines on export credits
pursuant to Article 10.2
(b) Application of Article 10.1 to export credit guarantees, export
credits or insurance programmes
3. Article 10.3
(a) Partial reversal of burden of proof
(b) Limitation in scope to scheduled products
4. Article 10.4: International food aid
(a) Relationship between Articles 10.4 and 10.1
(b) International food aid
XII. Article 11 back to top
A. Text of Article 11
B. Interpretation and Application of Article 11
XIII. Article 12 back to top
A. Text of Article 12
B. Interpretation and Application of Article 12
1. Notification requirements
XIV. Article 13 back to top
A. Text of Article 13
B. Interpretation and Application of Article 13
1. General
2. Paragraph (a)
3. Paragraph (b)
(a) Subparagraph
(i)
(i) Order of analysis
(ii) “injury or threat thereof”
(iii) “due restraint”
(iv) Scope
(b) Subparagraph (ii)
(i) “exempt from actions”
(ii) “grant”
(iii) “provided that such measures do not grant support to a
specific commodity”
(iv) “that decided during the 1992 marketing year”
(c) Relationship with Annex 3 to the Agreement on Agriculture
4. Paragraph (c)
XV. Article 14 back to top
A. Text of Article 14
B. Interpretation and Application of Article 14
XVI. Article 15 back to top
A. Text of Article 15
B. Interpretation and Application of Article 15
XVII. Article 16
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A. Text of Article 16
B. Interpretation and Application of Article 16
1. Article 16.1
(a) Text of the Decision
(b) Recommendations of the Singapore Ministerial Conference
(c) Recommendations approved at the Doha Ministerial Conference
(d) List of least-developed and net food-importing developing
countries
2. Article 16.2
(a) General
(b) Notification requirements
(c) Opportunities for consultation
(d) Effectiveness
XVIII. Article 17
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A. Text of Article 17
B. Interpretation and Application of Article 17
1. Committee on Agriculture
(a) Terms of reference
(b) Rules of procedure
(c) Activities
XIX. Article 18
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A. Text of Article 18
B. Interpretation and Application of Article 18
1. Article 18.2
(a) Review procedures
(i) General
(b) Notification and transparency
(i) General
(ii) Information systems on agriculture notifications
(iii) Developing countries
2. Article 18.5
(a) Annual consultations: Members’ participation in the normal
growth of world agricultural trade
3. Article 18.6
(a) Article 18.7: counter notifications
XX. Article 19
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A. Text of Article 19
B. Interpretation and Application of Article 19
1. Articles of the Agreement on Agriculture invoked in panel and
Appellate Body proceedings
XXI. Article 20
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A. Text of Article 20
B. Interpretation and Application of Article 20
1. Decision of the Singapore Ministerial Conference
2. Decision to launch negotiations on agriculture
3. “What further commitments are necessary …”
XXII. Article 21
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A. Text of Article 21
B. Interpretation and Application of Article 21
1. Relationship between the Agreement and Schedule concessions and
commitments
2. Relationship between the Agreement and the SCM Agreement
XXIII. Annex 1
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XXIV. Annex 2
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A. Text of Annex 2
B. Interpretation and Application of Annex 2
1. Paragraph 6 of Annex 2
(a) Subparagraph (b)
(b) Subparagraph (e)
(c) Relationship with other Articles
(i) Paragraph 11 of Annex 2
XXV. Annex 3
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A. Text of Annex 3
B. Interpretation and Application of Annex 3
1. General
2. Paragraph 7
3. Paragraph 8
XXVI. Annex 4
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A. Text of Annex 4
B. Interpretation and Application of Annex 4
XXVII. Annex 5
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A. Text of Annex 5
B. Interpretation and Application of Annex 5
1. Exemptions from Article 4.2 by virtue of Annex 5
2. Price gap methodology for calculating tariff equivalents provided
for in the Attachment to Annex 5
XXVIII. Relationship with other WTO Agreements
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A. SCM Agreement
XXIX. Decision on Measures Concerning the Possible Negative Effects
of the Reform Programme on Least-Developed and Net Food-Importing
Developing Countries (The “NFIDC Decision”)
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A. Text of the Decision
B. Interpretation and Application of the Decision
1. General
2. Paragraph 3
(a) Paragraphs 3(i) and (ii)
(i) Extension of the Food Aid Convention
(b) Paragraph 3(iii)
3. Paragraph 4
4. Paragraph 5
(a) The Inter-Agency Panel
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