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> Article X:1 of the GATT 1994 — Publication of laws, regulations, judicial decisions and administrative rulings of general application
> Article X:2 of the GATT 1994 — Publication of measures of general application
> Article X:3 of the GATT 1994 — Uniform, impartial and reasonable administration
> SPS Agreement, Annex B on “Transparency of SPS Regulations”, paragraph 1

P.5.1 Article X:1 of the GATT 1994 — Publication of laws, regulations, judicial decisions and administrative rulings of general application     back to top

P.5.1.1 EC — Poultry, para. 111
(WT/DS69/AB/R)

Article X:1 of the GATT 1994 makes it clear that Article X does not deal with specific transactions, but rather with rules “of general application”. …

P.5.1.2 EC — Poultry, para. 113
(WT/DS69/AB/R)

… Although it is true, as Brazil contends, that any measure of general application will always have to be applied in specific cases, nevertheless, the particular treatment accorded to each individual shipment cannot be considered a measure “of general application” within the meaning of Article X. …

P.5.1.3 EC — Poultry, para. 115
(WT/DS69/AB/R)

… Thus, to the extent that Brazil’s appeal relates to the substantive content of the EC rules themselves, and not to their publication or administration, that appeal falls outside the scope of Article X of the GATT 1994. The WTO-consistency of such substantive content must be determined by reference to provisions of the covered agreements other than Article X of the GATT 1994.

 
P.5.2 Article X:2 of the GATT 1994 — Publication of measures of general application      back to top

P.5.2.1 US — Underwear, p. 21, DSR 1997:I, p. 3 at 29
(WT/DS24/AB/R)

The Panel found that the safeguard restraint measure imposed by the United States is “a measure of general application” within the contemplation of Article X:2. We agree with this finding. …

 
P.5.3 Article X:3 of the GATT 1994 — Uniform, impartial and reasonable administration      back to top

P.5.3.1 EC — Bananas III, para. 200
(WT/DS27/AB/R)

… The text of Article X:3(a) clearly indicates that the requirements of “uniformity, impartiality and reasonableness” do not apply to the laws, regulations, decisions and rulings themselves, but rather to the administration of those laws, regulations, decisions and rulings. The context of Article X:3(a) within Article X, which is entitled “Publication and Administration of Trade Regulations”, and a reading of the other paragraphs of Article X, make it clear that Article X applies to the administration of laws, regulations, decisions and rulings. To the extent that the laws, regulations, decisions and rulings themselves are discriminatory, they can be examined for their consistency with the relevant provisions of the GATT 1994.

P.5.3.2 US — Oil Country Tubular Goods Sunset Reviews, para. 217
(WT/DS268/AB/R)

Argentina claims that the USDOC has conducted sunset reviews in a biased and unreasonable manner, in violation of Article X:3(a) of the GATT 1994. This provision states that every WTO Member “shall administer in a uniform, impartial and reasonable manner all its laws, regulations, decisions and rulings”. We observe, first, that allegations that the conduct of a WTO Member is biased or unreasonable are serious under any circumstances. Such allegations should not be brought lightly, or in a subsidiary fashion. A claim under Article X:3(a) of the GATT 1994 must be supported by solid evidence; the nature and the scope of the claim, and the evidence adduced by the complainant in support of it, should reflect the gravity of the accusations inherent in claims under Article X:3(a) of the GATT 1994.

 
P.5.4 SPS Agreement, Annex B on “Transparency of SPS Regulations”, paragraph 1      back to top

P.5.4.1 Japan — Agricultural Products II, paras. 105-106
(WT/DS76/AB/R,)

We consider that the list of instruments contained in the footnote to paragraph 1 of Annex B is, as is indicated by the words “such as”, not exhaustive in nature. The scope of application of the publication requirement is not limited to “laws, decrees or ordinances”, but also includes, in our opinion, other instruments which are applicable generally and are similar in character to the instruments explicitly referred to in the illustrative list of the footnote to paragraph 1 of Annex B.

The object and purpose of paragraph 1 of Annex B is “to enable interested Members to become acquainted with” the sanitary and phytosanitary regulations adopted or maintained by other Members and thus to enhance transparency regarding these measures. In our opinion, the scope of application of the publication requirement of paragraph 1 of Annex B should be interpreted in the light of the object and purpose of this provision.

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