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SUBJECT INDEX S |
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The texts reproduced here do not have the legal standing of the original documents which are entrusted and kept at the WTO Secretariat in Geneva. |
SAARC (South Asian Association for Regional Cooperation) Preferential Trading Arrangement, Enabling Clause and GATT 38 safeguard measures, determination of serious injury or threat thereof (SG 4), requirements, evaluation of all relevant factors (SG 4.2(a)) SG 110-11, 114-15, DSU 294 safeguard measures (GATS X) GATS 52-3 safeguard measures (SG/GATT XIX), application of measures (SG 5) imports, limitation to SG 178 non-discrimination (GATT XIII) and GATT 414-15, SG 183 quota modulation and (SG 5.2(b)) SG 59, 185 "to the extent necessary" (proportionality) (SG 5.1) SG 11-12, 175-8 adjustment plans, relevance SG 179 "clear justification", need for SG 175-6 serious injury limited to increased imports, limitation to SG 177-8 safeguard measures (SG/GATT XIX), characteristics relationship between Safeguards Agreement and GATT XIX GATT 483, 508-13, SG 1-2 continuing applicability of GATT XIX GATT 509-12 rules for application of GATT XIX (SG 1 and 11.1(a)) GATT 509-10, SG 4-10 safeguard measures (SG/GATT XIX), conditions (SG 2) burden of proof DSU 281 causation (SG 2.1): see determination of serious injury or threat thereof (SG 4), requirements, causation (SG 4.2(b)) causation (SG 2.1), relevant factors (SG 4.2(a))/ "under such conditions" (SG 2.1), equivalence SG 36-45, 144, 164 free trade agreements/customs unions and (SG 2.1, footnote 1) GATT 639-40, SG 46 GATT practice GATT 507 parallelism between SG 2.1 and SG 2.2, "product being imported" GATT 641, SG 48-56 as pertinent issues of fact and law (SG 3.1) SG 73 "producted being imported" (SG 2.1) as sudden and recent increase SG 27-31 right to apply measure and exercise of right distinguished SG 11-12 separate determinations SG 57-60 GATT practice SG 60 "such increased quantities" "as a result of unforeseen developments" (GATT XIX:1(a)) GATT 486, 508n.685 "as a pertinent issue of fact and law"/finding (SG 3.1) GATT 491-2, SG 73 "as a result ... of the effect of obligations incurred by Member" GATT 495-8 condition (SG 2.1) distinguished GATT 487 critical date GATT 488-90 omission from SG 2.1, relevance GATT 484-5, 486, 510-11, DSU 52 methodology, Panel's right to examine SG 32-4 quantity as determining factor SG 21 "rate and amount of the increase ... in absolute and relative terms" (SG 4.2(a)) SG 22, 146-8 sufficient to cause serious injury or threat SG 28-9 "serious injury" and "threat", whether mutually exclusive alternatives SG 57 territorial application SG 48 safeguard measures (SG/GATT XIX), determination of serious injury or threat thereof: see determination of serious injury or threat thereof (SG 4), requirements safeguard measures (SG/GATT XIX), developing country Members developing country members (SG 9) SG 194-5 and (SG 9) SG 194-5 expected effect of measure, relevance SG 195 list of excluded countries, need for SG 194 safeguard measures (SG/GATT XIX), dispute settlement (SG 14), table of disputes SG 243 safeguard measures (SG/GATT XIX), duration and review (SG 7) extension of measure (SG 7.1), whether distinct measure DSU 101 modifications reducing restrictiveness (SG 7.4) SG 187, 232 safeguard measures (SG/GATT XIX), level of concessions (SG 8) "equivalent" SG 189 "adequate opportunity for prior consultations" (SG 12.3) and SG 189-90 safeguard measures (SG/GATT XIX), notification and consultation (SG 12) SG 200-38 "adequate opportunity for prior consultations" (SG 12.3) SG 226-9 level of concessions (SG 8.1) and SG 189-90 as "sufficient time for meaningful exchange" SG 190 "all pertinent information" (SG 12.2) SG 221-3 injury factors (SG 4.2(a)) and SG 221-2, 231 precise description of proposed measure SG 228, 230-1 non-binding nature SG 220 GATT XIX measures (SG 12.7) SG 237-8 "immediately" (SG 12.1) SG 201-16 "immediately" (SG 12.1(a)) SG 205-7 "immediately" (SG 12.1(b)) SG 208-10 "immediately" (SG 12.1(c)) SG 211-16 "initiation of investigation and reasons for it" (SG 12.1(a)), limitation to SG 219-20 AD 5 and SCM 11 distinguished SG 220 SG 3.1 and 4.2 distinguished SG 220 modifications reducing restrictiveness of measure (SG 7.4), limitation to SG 187, 232 object and purpose SG 223 pre-existing measures (SG 10/SG 12.7) SG 237-8 right to request additional information, relevance SG 222, 230 Technical Cooperation Handbook on Notification Requirements, relevance SG 200 timeliness of information SG 227 timeliness (SG 12.1, 12.3 and 12.3) SG 224 safeguard measures (SG/GATT XIX), prohibition and elimination of certain measures (SG 11) GATT 360 notification (SG 11.2) eligible original Members and SG 199 format SG 199 timetables SG 199 reporting obligations (SG 11.1) SG 242 safeguard measures (SG/GATT XIX), provisional measures (SG 6), tariff measures GATT 360, SG 186 safeguard measures (SG/GATT XIX), standard/powers of review assessment of the facts de novo review, exclusion SG 120 in-depth review of "reasoned and adequate" explanation, need for SG 117-20 Safeguards Agreement, Preamble, as evidence of object and purpose SG 1-2 Schedules of Concessions (GATT II) see also GATS, Schedules of Specific Commitments (GATS XX) diminishment of obligations, exclusion GATT 62-3, 84 inconsistency with GATT VI and GATT 313 information technology products: see information technology products as integral part of GATT 1994 (GATT II:7) GATT 83 interpretation and clarification applicable rules, Vienna Convention on the Law of Treaties GATT 67, 89 common intentions of parties GATT 67-8, DSU 70 GATT II:1(a) and (b), interrelationship GATT 81 Harmonized System and Explanatory Notes and GATT 70 legitimate expectations and GATT 67-9, 82, DSU 45, 70 "treatment contemplated" (GATT II:5) and GATT 82 Marrakesh Protocol and GATT 62-3 Member State practice GATT 72-4 World Customs Organization decisions and GATT 71 modification of schedules: see modification of schedules (GATT XXVIII) non-discrimination under GATT I and GATT 63 non-discriminatory administration of quantitative restrictions (GATT XIII) and GATT 63, 89 ordinary customs duties (AG 4.2) and AG 26-8, 42 ordinary customs duties in excess of those provided for in Schedule (GATT II:1(b)) customs duties based on exogenous factors AG 26 duty different in type GATT 76-80 "ordinary customs duties" GATT 75, 92 "subject to the terms, conditions or qualifications in the schedule" (GATT II:1(b)) GATT 62-6 additional concession GATT 64n.120 description distinguished GATT 64 price ceiling not included in Schedule GATT 65 "subject to" GATT 64 tariff data base: see tariff data base treatment no less favourable than that provided in appropriate schedule (GATT II:1(a)) bonding requirements elimination of quantitative restrictions (GATT XI) and GATT 87 imposition of import duties distinguished GATT 48, 87 HS (Harmonized System) changes, implementation GATT 49 State trading enterprises (GATT VII) and, GATT practice GATT 440 State trading enterprises (GATT XVII) and GATT 439 withdrawal of concessions: see withholding or withdrawal of concessions (GATT XXVII) calculation method (AG 5.5), right of choice AG 48 calculation of subsidy in terms of benefit to recipient (SCM 14) adequacy of remuneration (SCM 14(d)) inclusion of Government data, effect SCM 78, 249 "prevailing market conditions" SCM 74, 244-8 "benefit" (SCM 1.1(b)) and SCM 72-4 difference of payment on guaranteed and non-guaranteed loan (SCM 14(c)) SCM 73, 241-2 practice at time of bestowal (SCM 1.1), relevance SCM 239 "to recipient" (chapeau) SCM 246 clarification and improvement of disciplines (Doha Round) developing and least-developed country Members, respect for needs of WTO 52 Negotiating Group on Rules, responsibility for negotiations WTO 80-1 procedure WTO 81 timetable WTO 80 "single undertaking" principle and WTO 80 consultations: see consultations (SCM 4.1-4); request for establishment of panel, requirements (SCM 4.4) Decision on Implementation-Related Issues and Concerns and: see Decision on Implementation-Related Issues and Concerns (Doha), SCM Agreement determination of injury (SCM 15), "injury" (SCM 15, footnote 45) SCM 237 dispute settlement (SCM 30) see also consultations (SCM 4.1-4); request for establishment of panel, requirements (SCM 4.4) special or additional rules or procedures, whether SCM 367 GATT Subsidies Code and SCM 398 Informal Group of Experts (IGE) SCM 306 institutions (SCM 24) see also Committee on Subsidies and Countervailing Measures (SCM Committee); subsidy, definition (SCM 1) Working Party on Subsidy Notifications SCM 307 investigations and reviews of existing measures, initiated ... on or after date of entry into force of WTO Agreement (SCM 32.3) GATT 292-7, 301, SCM 374-5 "existing measures" SCM 379 procedural aspects of investigations, whether limited to SCM 378 retroactivity GATT 292, 301, SCM 374-5 "this agreement" SCM 376-7 least-developed country Members: see Decision on Implementation-Related Issues and Concerns (Doha), SCM Agreement non-actionable subsidies (SCM 8): see non-actionable subsidies (SCM 8) notification obligations (SCM 25) see also non-actionable subsidies (SCM 8), notifications (SCM 8.3) effect of notification (SCM 25.7) SCM 310 notification formats WTO 171, SCM 217-18, 308-9, 362, 364 report without delay (SCM 25.11) minimum information SCM 311 semi-annual reports SCM 312 object and purpose (SCM 1) SCM 1-5 balanced framework of rights and obligations relating to countervailing duties SCM 4 definition of subsidy "for purposes of this agreement" SCM 7 multilateral disciplines on subsidies distorting international trade SCM 1-3, 338 Permanent Group of Experts (PGE) (SCM 4.5) SCM 142, 305 preparatory work (VC 32), Tokyo Round GATT 293-7, 301-2 provisional application of Articles 6.1, 8 and 9 (SCM 31) lapse of provisions SCM 368 review SCM 368 provisional measures (SCM 17): see provisional measures (SCM 17) relationship with other agreements see also specific action against dumping (AD 18.1) or subsidy (SCM 32.1) DSU 22.6 and SCM 190 GATT 1994 and (SCM 32.1) GATT 279 TRIMS TRIMS 33-5 retroactivity: see retroactivity (SCM 20) specific action against subsidy (SCM 32.1): see specific action against dumping (AD 18.1) or subsidy (SCM 32.1) specificity (SCM 2), subsidy "contingent upon the use of domestic over imported goods" (SCM 3.1(b)), relationships within and between agreements SCM 83 transitional arrangements (existing programmes) (SCM 28.1), "inconsistent with the provisions of this Agreement" (SCM 28.1) SCM 365 SCM Code (Tokyo Round) accelerated nature of proceedings, effect SCM 139-42 dispute settlement provisions, extension GATT 297 subsequent agreement for purpose of interpretation of GATT VI, whether GATT 301 subsequent agreement for purposes interpreting GATT VI, whether WTO 335, GATT 301 subsequent practice for purpose of interpretation of GATT VI, whether WTO 335, GATT 301 Seattle Ministerial Conference, Declaration, failure to agree on WTO 122 Secretariat (WTO VI) Organizational and Financial Consequences Flowing from the Implementation of the WTO Agreement, Ministerial declaration (1994) WTO 259 role, support for domestic efforts in relation to economic development and strategies for poverty reduction WTO 64 Staff Regulations and Rules: see Staff Regulations and Staff Rules (WTO Secretariat) terms of service WTO 260 compensation philosophy WTO 261 Working Group on Conditions of Service applicable to the WTO Secretariat Staff WTO 260-1 security exceptions (GATT XXI), GATT practice GATT 570 serious damage or actual threat (ATC): see Textiles and Clothing Agreement (ATC), transitional safeguards (ATC 6) "serious prejudice" (SCM 5(c)) obligation to remove adverse threats or withdraw subsidy (SCM 7.8) SCM 209 "significant price undercutting" (SCM 6.3(c)) and SCM 196 "serious prejudice" (SCM 6) developing country Members, exclusion (SCM 27.9) SCM 360 displacement or impediment to imports (SCM 6(a)), need for SCM 202 "displacement" SCM 203 "impediment" SCM 203 market share data, relevance SCM 204 SCM 4, relevance SCM 204 "effect of the subsidy" (SCM 6.3(a)) SCM 200 "significant price undercutting" (SCM 6.3(c)) SCM 196, 206 standing to bring claim nationality of producers, relevance SCM 202 serious prejudice to another Member, relevance SCM 208 "serious prejudice" (SCM 27.7) SCM 359 burden of proof SCM 359 services (Doha Round) Guidelines and Procedures for the Negotiations adopted by the Council for Trade in Services, Doha Declaration recognition of work under WTO 38 "single undertaking" principle and WTO 38, 75, GATS 69 Special Session of the Council for Trade in Services establishment WTO 72 responsibility for negotiations WTO 71 timetable WTO 75 timetable WTO 38 "Singapore issues" WTO 120 Singapore Ministerial Conference/Declaration adoption of main Declaration WTO 120 agriculture, negotiations on AG 111 Declaration on Trade in Information Technology Products WTO 120, GATT 57-8 Least-Developed and Net Food-Importing Countries, Decision on Measures concerning the Possible Negative Effects of the Reform Programme, implementation (AG 16) AG 93, 96 Plan of Action for the least-developed country Members WTO 101 regional trade agreements (GATT XXIV:5) WTO 6 TMB, role and procedures ATC 114 working groups established by ("Singapore issues") WTO 120 WTO Preamble WTO 8 small economies (Doha Declaration), trade-related measures to improve integration into multilateral trading system WTO 61, 64 Solomon Islands, WTO membership WTO 305 special or additional rules and procedures for dispute settlement (DSU 1.2 and Appendix 2) AD 17, whether AD 470-1, 483, 533, DSU 7-8 conflict with DSU provisions, precedence in case of (WTO, Annex 1A) DSU 6, 182 precedence SCM 190 SCM 4.11 as SCM 189-90, 194, DSU 525-6, 532, 533, 543 SCM 30 as SCM 367 special and differential treatment for developing country Members (Doha Declaration) WTO 26 see also least-developed country Members Framework Agreement on Special and Differential Treatment, proposal for WTO 66 as integral part of WTO Agreements WTO 66 review, need for WTO 66, AD 456 analysis and examination of cross-cutting issues WTO 91 Decision on Implementation-Related Issues and Concerns and WTO 66, 68, 90 implementation of WTO Agreements, work in other fora and WTO 68 improved effectiveness including improved information flows WTO 68, 89 least-developed country Members and WTO 68 incorporation into architecture of WTO rules WTO 68, 91 institutional arrangements WTO 91 mandatory provisions, identification of and implications of conversion of non-mandatory provisions WTO 66, 68, 90 developing country Members (AD 15) AD 456 monitoring mechanism WTO 91 Special Session of the Committee on Trade and Development, responsibility for WTO 89 technical assistance and financial assistance and training WTO 91, SPS 154-5 timetable WTO 89 special and differential treatment (SPS 10) "longer time-frames for compliance" (SPS 10.2) SPS 156 phased introduction of new measures SPS 157 technical assistance and financial assistance and training (Doha declaration) SPS 154-5 special and differential treatment (VAL 20/VAL, Annex III) continued application of 1979 Agreement VAL 25 delayed application of Customs Valuation Agreement, Arts. 1 and 6 (VAL 20.2) VAL 29 delayed application of Customs Valuation Agreement (VAL 20.1) Decision on Implementation-Related Issues and Concerns and VAL 28 requests for VAL 27 reservations relating to application of VAL 5.2 (Annex III, para. 4) VAL 41 officially established minimum values (Annex III, para. 2) VAL 8 decision on texts relating to VAL 38 Members making VAL 39 reversal of sequential order of VAL 5 and 6 VAL 40 technical assistance programmes (VAL 20.3) VAL 30 c.i.f. import price (AG 5(1)(b)) AG 43-7 customary international trade usage AG 44 market access (AG 4) and AG 21-2 Special Sessions: see agriculture (Doha Round), Special Session of Committee on Agriculture; Council for TRIPS, Special Session; Dispute Settlement Body (DSB), Special Session for the negotiation of improvements to and clarifications of the DSU; services (Doha Round), Special Session of the Council for Trade in Services; trade and environment, negotiations on relationship between WTO rules and MEAs (Doha Declaration), Special Session of the Committee on Trade and Environment specific action against dumping (AD 18.1) or subsidy (SCM 32.1) action under other relevant provisions of GATT 1994 distinguished (AD 18.1, footnote 24) AD 537, 539-40 requirements, accordance with provisions of GATT VI as interpreted by Anti-Dumping Agreement AD 537, 538, 571, SCM 369 SPS 11 SPS 158 see also Committee on Sanitary and Phytosanitary Measures (SPS Committee) GATT and SPS 186-90 see also order of analysis quantitative restrictions (GATT XI) and GATT 389 TBT Agreement, applicability to (TBT 1.5) SPS 185, TBT 4 trade and environment, negotiations on relationship between WTO Rules and MEAs and WTO 58 SPS Agreement, administration (SPS 12): see Committee on Sanitary and Phytosanitary Measures (SPS Committee) SPS Agreement, applicability (SPS 1.1) GATT XX(b), relevance SPS 187 measures in existence before entry into force of SPS agreement SPS 6-7 measures taken by body other than central government (SPS 13) SPS 5 phytosanitary measure affecting international trade SPS 4, 186 SPS Agreement, appropriate level of protection (SPS 5.5-5.6) consistency in application (SPS 5.5) arbitrary or unjustifiable inconsistencies, exclusion SPS 110, 143 cumulative nature of obligations SPS 103, 142 discrimination or disguised restriction of trade resulting from inconsistency SPS 103, 111-14 distinctions in the level of protection in different situations, comparability SPS 106-9 Guidelines to Further the Practical Implementation of Article 5.5 (2000) SPS 115 adoption SPS 102 legal obligation, whether SPS 104 measures "not more trade restrictive than required to achieve their appropriate level of ... protection" (SPS 5.6) alternative measure "significantly less restrictive to trade" SPS 126 "appropriate level", determination Member's obligation SPS 124 as preliminary to decision on measure SPS 122 "taking into account technical and economic feasibility" SPS 119-20 zero-risk SPS 123 burden of proof SPS 177-8 recommendations of relevant international organizations and SPS 31 requirements (SPS 5.6, footnote 3) SPS 116-18 SPS 2.2 and 144-5 SPS Agreement, basic rights and obligations (SPS 2) arbitrary or unjustifiable discrimination, exclusion (SPS 2.3) SPS 18-21 appropriate level of protection and (SPS 5.5) SPS 20-1, 142 discrimination between different products SPS 11 requirements SPS 18 as balance between promotion of international trade and protection of human, animal or plant life or health SPS 9, 66 see also General Exceptions (GATT XX), measures necessary to protect human, animal or plant life or health (GATT XX(b)) "only to the extent necessary", trade-restrictive measures, exclusion (SPS 5.4-6) and SPS 143 relationships within and between agreements SPS 23-7 SPS Agreement, consultation and dispute settlement (SPS 11) standard of review, absence of provisions SPS 183-4 table of disputes SPS 158 SPS Agreement, control, inspection and approval procedures (Annex C) SPS 198 SPS Agreement, definitions (Annex A) "risk assessment" (Annex A, para. 4): see SPS Agreement, risk assessment, need for (SPS 5.1-5.3 and Annex A, para. 4) "sanitary measure" (Annex A, paras. 1(a) and 1(b)) SPS 8 SPS Agreement, equivalence (SPS 4) Decision on Implementation of Article 4 (Decision on Equivalence) accelerated procedure SPS 55-7 Decision clarifying (7-8 November 2002 Decision) SPS 56-7, 59-60 developing country Members, and SPS 65 "equivalence" SPS 52 explanation, elements for inclusion SPS 53 international cooperation outside the WTO SPS 62-3 interruption or suspension of imports and SPS 58-60 notification of experience relating to implementation of SPS 4 SPS 64 procedure for recognition SPS 54 technical assistance to facilitate implementation of SPS 4 SPS 61 timetable and agenda for discussion (2002) SPS 65 specific programme, recommendation to develop the same (Doha) SPS 65 SPS Agreement, harmonization of measures (SPS 3) measures based on international standards (SPS 3.1) SPS 32-3 "based on" SPS 34-8 burden of proof GATT 37, DSU 270, 274 "where they exist" SPS 39-40 measures which conform to international standards (SPS 3.2) burden of proof SPS 41, DSU 270, 274 incorporation into domestic law SPS 50 presumption of consistency SPS 50, DSU 270 measures which result in a higher level of protection (SPS 3.3) as autonomous right SPS 44, DSU 270 "if there is a scientific justification", "or as a consequence ... " SPS 45 interrelationship with SPS 3.1 and 3.2 SPS 49-50 Members' right to choose SPS 3, 44-6 rational relationship between measure and available information as SPS 47 SPS 5.1-8, obligation of compliance SPS 45-6 object and purpose SPS 30-1, 36 SPS Agreement, risk assessment, need for (SPS 5.1-5.3 and Annex A, para. 4), "scientific justification" (SPS 2.3) and SPS 66-7, 139-40 SPS Agreement, implementation (SPS 13), measures taken by body other than central government SPS 5 SPS Agreement, international standards, guidelines and recommendations, possibility of non-compliance or non-existence (SPS 5.8), burden of proof SPS 136, 176 SPS Agreement, interpretation, applicability to pre-existing situations and measures DSU 62 SPS Agreement, Preamble international standards, guidelines and recommendations, as adopted by relevant international organizations SPS 1, 32-3, 36 precautionary principle and SPS 3 see also precautionary principle SPS Agreement, risk assessment, need for (SPS 5.1-5.3 and Annex A, para. 4) arbitrary or unjustifiable inconsistencies, obligation to avoid (SPS 5.5) and SPS 137 ascertainable/theoretical risk distinguished (SPS 5.1) ATC 77 quantitative threshold, relevance GATT 545 assessment prepared other than by Member concerned, acceptability (SPS 5.1 and Annex 1, para. 4) SPS 80, 85 "available scientific evidence" (relevant factors) (SPS 5.2) SPS 95-9 balance of SPS interests and (SPS 5.1) SPS 66 competence (panel) SPS 17, 92-4 elements (Annex 1, para. 4) evaluation according to SPS measures SPS 70 identification of diseases and potential biological and economic consequences to be protected against SPS 69-74 "likelihood" SPS 72-3 "potential" "likelihood" distinguished SPS 73 "probable" distinguished SPS 76 explanation for measure allegedly in breach of SPS 5, burden of proof, relevance SPS 136 measures based on, need for (SPS 5.1) SPS 85-91 "appropriate to the circumstances" (SPS 5.1) SPS 7, 82-4, 85-91 evidence of, specific reference to, relevance SPS 86 rational relationship between measure and risk, need for SPS 87 methodology SPS 76-84 minimization of negative trade effects, obligation (SPS 5.4) SPS 101 object and purpose SPS 85 official status of report, relevance SPS 81 "risk assessment" (Annex 4, para. 4) SPS 68-73 risk management distinguished (SPS 5.1 and Annex 1, para. 4) SPS 67 "scientific justification" (SPS 3.3) and SPS 45-7 specificity of assessment, need for (SPS 5.1 and 5.2) SPS 88-90 "sufficient scientific evidence" requirement (SPS 2.2) and SPS 87, 141 as complementary obligations SPS 138 divergence of expert views, relevance SPS 87, 165 timing of assessment SPS 74-5 publication of assessment, relevance SPS 91 two-step process, acceptability (Annex A, para. 4) SPS 76 SPS Agreement, special and differential treatment (SPS 10): see special and differential treatment (SPS 10) SPS Agreement, sufficient scientific evidence, need for (SPS 2.2) see also information or technical advice, panel's right to seek (SPS 11.2); SPS Agreement, harmonization of measures (SPS 3); SPS Agreement, risk assessment, need for (SPS 5.1) burden of proof SPS 16 precautionary principle (SPS 5.7) SPS 3, 10 provisional adoption of measures in case of insufficiency of scientific evidence (SPS 5.7) SPS 28-9, 127 obligation to seek to obtain additional information for more objective assessment of risk SPS 133 within "a reasonable period of time" SPS 134 "provisional" SPS 127 as qualified exemption SPS 128 requirements, cumulative nature SPS 129-30 rational or objective relationship between SPS measure and scientific evidence, need for SPS 87 ad hoc determination SPS 87 "sufficiency", as relational concept SPS 12-15 SPS Agreement, transparency of SPS regulations (SPS 7 and Annex B) enquiry points (Annex B, para. 3), obligation to identify appropriate level of protection, whether SPS 196 notification procedures, recommended procedures SPS 148-50 publication of measures such as laws, decrees or ordinances which are generally applicable (para. 1, footnote 5) SPS 194-5 "reasonable interval" (Annex B, para. 2) SPS 195 "significant effect on trade of other Members" (Annex B), notification requirements SPS 151 Staff Regulations and Staff Rules (WTO Secretariat) WTO 261, 262 Standards of Conduct in the WTO WTO 262 standard of review (ATC 8.3) ATC 124 see also competence (AB) (DSU 17.6), completion of legal analysis; competence (panels); information or technical advice, panel's right to seek (DSU 13); judicial economy; panel reports, rationale, need for (DSU 12.7); safeguard measures (SG/GATT XIX), standard/powers of review; standard/powers of review (AD 17.6) applicability to Anti-Dumping Agreement subject to AD 17.6 SG 116 "make such other findings" DSU 261 "objective assessment of the facts" 4.109, 182, SG 116 de novo review, exclusion AD 150, 498, DSU 291-8 evidence, alleged disregard or distortion by panel DSU 250-3 discretion in assessment of evidence GATT 543 discretion in selection of relevant evidence DSU 250 discretion to select which evidence to refer to explicitly DSU 250 egregious error, need for DSU 250-3, 356 obligation to examine and evaluate evidence DSU 254-6 evidence other than that submitted by parties, right to consider DSU 281 facts available at time of establishment of panel, limitation to DSU 563 methodology for evaluating increase in imports (SG 2.1/GATT XIX:1(a)) SG 32-4 "objective assessment of matter before it" AD 17.6(ii) compared AD 516 all arguments, need to consider DSU 22, 246-7, 306 all legal claims, need to consider under DSU 3.2 DSU 246-7, 304 applicability of and conformity with relevant covered agreements, customary international law, applicability SPS 184 error of law application of burden of proof rules DSU 273 equation of "based on" and "conform to" SPS 38, 85 expert evidence, panel's obligation to make independent assessment DSU 249 failure to make as abuse of discretion DSU 257 panel established under ATC 8.10 DSU 289 SCM 4.2 (statement of available evidence) and SCM 146 ultra petita finding on provision not before it SG 172, DSU 222, 244-55, 603 relevant factors evaluation of all relevant factors, need for AD 504n.608 position of Member at time of determination ATC 41, AD 504n.608 serious damage or actual threat thereof (ATC 6.2)/SG 4, Member's determination of evidence available to Member, limitation to ATC 41 statement to TMB, admissibility ATC 38-9, DSU 288 temporal scope, evidence available to Member, limitation to ATC 41 standard/powers of review (AD 17.6) assessment of the facts (AD 17.6(i)) AD 3.1 (determination of injury) distinguished AD 88 AD 5.3 (sufficiency of evidence), applicability to AD 199-202, 519 applicability to investigating authority AD 121, 510 de novo review, exclusion AD 498, 504 DSU 11 compared AD 512-13 "unbiased and objective" AD 508-9 "facts made available" (AD 17.5(ii)) disclosure/discernibility to interested parties by time of final determination, relevance AD 89, 499, 506-7, 509 documents created for purposes of dispute AD 500 evidence before authority at time of determination, limitation to AD 505 examination to be based on AD 498-500, 506 limitation to AD 504 interpretation of relevant provisions of AD (AD 17.6(ii)) in accordance with customary rules of interpretation of public international law AD 514, DSU 76 "admits of more than one permissible interpretation" AD 515 assessment of the facts (AD 17.6(i)) and, cumulative effect AD 517 DSU 11 compared AD 516 investigating authorities' establishment of facts (AD 17.6(i)) "establishment" AD 506 non-applicability to covered agreements other than Anti-Dumping Agreement including the SCM and SPS Agreements SPS 183, SCM 399, DSU 301 parties' obligations (AD 17.5/17.6), AD 3.1 (determination of injury) distinguished AD 88-9 Standards of Conduct in the WTO WTO 262 standing as claimant (SCM) Member suffering serious prejudice, limitation to (SCM 7.2) SCM 208 SCM 6.3(a) SCM 202 standing/right to bring claim (DSU 3.7), legal interest, relevance DSU 110, 123-5, 125, 238 State emblems, official hallmarks and emblems of intergovernmental organizations (PC 6ter) TRIPS 9-10 WIPO-WTO Agreement TRIPS 9-10 State responsibility for breach of international obligations common organ, responsibility of individual States for DSU 64-5 countermeasures SG 178, DSU 67 legislation as such and DSU 66 proportionality ATC 84, SG 178, DSU 67 State trading enterprises (GATT XVII) balance-of-payments restrictions (GATT XII) and GATT 392 GATT practice GATT 426, 428, 440, 442 "illustrative list showing ... relationships ... and kinds of activities ... relevant for the purposes of Art. XVII" GATT 436 market access (AG 4), measures required to be converted into ordinary customs duties (AG 4.2 and footnote 1) GATT 449 measures affecting imported products (internal measures) and measure affecting importation (border taxes), difficulty of distinguishing GATT 104 national treatment, regulatory discrimination (GATT III:4) and GATT 367 notification requirements (GATT XVII:4/Understanding on the Interpretation of Art. VII) GATT practice GATT 431 questionnaire GATT 433 time-limits GATT 429 obligation to act consistently with GATT general principles of non-discriminatory treatment (GATT XVII:1(a)) GATT 116, 425 GATT XVII:1(b), relationship GATT 422-3 GATT practice GATT 117, 440, 442, 443-4 Operations of State Trading Enterprises as they Relate to International Trade (1995) GATT 437 quantitative restrictions (GATT XI:1) GATT 371-3 GATT practice GATT 446 "restrictions made effective through state-trading organizations" (Ad Articles XI, XI, XIII, XIV and XVIII) GATT 367, 371, 387, 392 treatment no less favourable than that provided in appropriate schedule (GATT II:1(a)) and GATT 439 GATT practice GATT 440 Understanding on the Interpretation of Article XVII GATT 432-7 State Trading Enterprises, Working Party on annual reports to Council for Trade in Goods WTO 167 appointment of officers WTO 166 establishment WTO 163, 165, GATT 434-5 notifications, establishment of time-limits for GATT 429 rules of procedure, absence WTO 166 terms of reference WTO 165 statements of TMB: see Textiles Monitoring Body (TMB), statements relating to subsidies (GATS XV), Working Party on GATS Rules, negotiations GATS 59 subsidies (GATT XVI), GATT practice GATT 421 see also export subsidy, prohibited (AG 3.3); payments on export of agricultural product financed by virtue of governmental action (AG 9.1(c)), "financed"; subsidy, definition (SCM 1) Agreement on Agriculture, applicability to AG 6-7 conferral of benefit (SCM 1.1(b)) provision of services not available in the market, whether SCM 63 burden of proof SCM 59-60 rebuttal of prima facie case SCM 69-70 "is conferred" SCM 54 passing the benefit through SCM 65-8 privatization, effect SCM 65-6 "recipient of a benefit" SCM 52-3 SCM 1.1(a) and SCM 71 SCM 14 and SCM 72-4 SCM Annex IV and SCM 77 subsidy programmes as such, right to challenge (mandatory/discretionary distinction) SCM 56-9, 451-3 fiscal advantages, relevance SCM 61 "direct subsidies, including payments-in-kind" (AG 9.1(a)), payment-in-kind, as direct subsidy AG 56 financial contribution (SCM 1.1(a)(1)) AG 6-7, SCM 3, 14-15 conferral of benefit (SCM 1.1(b)) as parallel requirement SCM 8-12 direct transfer of funds (SCM 1.1(a)(1)) SCM 16-19 direct transfer of funds (SCM 1.1(a)(1)), timing of transfer, relevance SCM 22 exemption from or remission of internal taxes upon exportation (SCM 1.1(a)(1)(ii), footnote 1) SCM 32 foregoing of revenues otherwise due (SCM 1.1(a)(1)(ii)) SCM 5 see also tax exemption, as circumvention of export subsidy commitments (SCM 1) national tax rules as normative benchmark SCM 28 "otherwise due" /basis of comparison ("but for" test) SCM 23-4, 28-30 payments to a funding mechanism (SCM 1.1(a)(1)(iv)) SCM 13, 38-44 "entrusts or directs" SCM 39-40 "private body" SCM 41 "type of function" SCM 37, 42-3 potential direct transfer of funds (SCM 1.1(a)(1)) SCM 20-1 preparatory work (VC 32) SCM 13 provision of goods or services (SCM 1.1(a)(1)(iii)) "goods" SCM 33 "goods" and "products" distinguished SCM 35 natural resources, applicability to SCM 36 "providing" SCM 34 SCM 14(d), relevance SCM 243 transfer of economic resources from grantor to recipient for less than full consideration AG 56, SCM 13 level of subsidy, relevance SCM 237 sunset review (AD 11.3): see Anti-Dumping Agreement (AD), sunset review (AD 11.3); countervailing duties (SCM, Part V), sunset review (SCM 21.3) suspension of concessions for non-implementation of DSB recommendations and rulings (DSU 22) see also arbitration (DSU 22.6); arbitration (DSU 25); countermeasures in case of failure to comply with panel or AB report within specified time-period (SCM 4.10) authorization, need for, (DSU 3.7, 22.6 and 23.2(c)) DSU 554 level equivalent to nullification or impairment (DSU 22.4) DSU 484, 497-500 aggregate effects on suppliers as a whole DSU 524 "appropriate" (GATT 1947: XXIII:2) distinguished DSU 515 "appropriate" (SCM 4.10) distinguished SCM 178, 194, DSU 543 Article 22.6 Arbitrator's right to review DSU 511 Article 25.3 Arbitrator's right to review DSU 557, 559-60 benefits foregone by right holders and Member distinguished DSU 562 comparability of bases, need for DSU 527 critical date DSU 563 double-counting DSU 523 economic benefits as measure DSU 561 "equivalent" DSU 514-20 lost opportunities, relevance DSU 522 national treatment provisions (GATT III) distinguished DSU 522 nullification or impairment (DSU 3.8) distinguished DSU 522 proportionality, need for ATC 84 responsibility of Member to ensure DSU 531 SCM 3 and 4 (prohibited subsidies) distinguished SCM 178, 194, DSU 541 suspension in other sectors (DSU 22.3(b))/under other agreements (DSU 22.3(c)), relationship between DSU 494 suspension in same sector as violation as preferred option (DSU 22.3(a)) DSU 489 "if that party considers that it is not practical or effective" (DSU 22.3(b) and (c)) DSU 492-3 "sectors" DSU 490 as temporary measure (DSU 22.8) DSU 476 sustainable development: see "exhaustible natural resources" (GATT XX(g)), sustainable development as objective Switzerland Enabling Clause notifications GSP schemes GATT 35 special treatment of least-developed country Members GATT 43
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