按键盘上方向键 ← 或 → 可快速上下翻页，按键盘上的 Enter 键可回到本书目录页，按键盘上方向键 ↑ 可回到本页顶部！
————未阅读完？加入书签已便下次继续阅读！
cision shall be taken by three fourths of the Members unless otherwise provided for in this paragraph。
（a） A request for a waiver concerning this Agreement shall be submitted to the Ministerial Conference for consideration pursuant to the practice of decision…making by consensus。 The Ministerial Conference shall establish a time…period； which shall not exceed 90 days； to consider the request。 If consensus is not reached during the time…period； any decision to grant a waiver shall be taken by three fourths4 of the Members。
（b） A request for a waiver concerning the Multilateral Trade Agreements in Annexes 1A or 1B or 1C and their annexes shall be submitted initially to the Council for Trade in Goods； the Council for Trade in Services or the Council for TRIPS； respectively； for consideration during a time…period which shall not exceed 90 days。 At the end of the time…period； the relevant Council shall submit a report to the Ministerial Conference。
4。 A decision by the Ministerial Conference granting a waiver shall state the exceptional circumstances justifying the decision； the terms and conditions governing the application of the waiver； and the date on which the waiver shall terminate。 Any waiver granted for a period of more than one year shall be reviewed by the Ministerial Conference not later than one year after it is granted； and thereafter annually until the waiver terminates。 In each review； the Ministerial Conference shall examine whether the exceptional circumstances justifying the waiver still exist and whether the terms and conditions attached to the waiver have been met。 The Ministerial Conference； on the basis of the annual review； may extend； modify or terminate the waiver。
5。 Decisions under a Plurilateral Trade Agreement； including any decisions on interpretations and waivers； shall be governed by the provisions of that Agreement。
Article X
Amendments
1。 Any Member of the WTO may initiate a proposal to amend the provisions of this Agreement or the Multilateral Trade Agreements in Annex 1 by submitting such proposal to the Ministerial Conference。 The Councils listed in paragraph 5 of Article IV may also submit to the Ministerial Conference proposals to amend the provisions of the corresponding Multilateral Trade Agreements in Annex 1 the functioning of which they oversee。 Unless the Ministerial Conference decides on a longer period； for a period of 90 days after the proposal has been tabled formally at the Ministerial Conference any decision by the Ministerial Conference to submit the proposed amendment to the Members for acceptance shall be taken by consensus。 Unless the provisions of paragraphs 2； 5 or 6 apply； that decision shall specify whether the provisions of paragraphs 3 or 4 shall apply。 If consensus is reached； the Ministerial Conference shall forthwith submit the proposed amendment to the Members for acceptance。 If consensus is not reached at a meeting of the Ministerial Conference within the established period； the Ministerial Conference shall decide by a two…thirds majority of the Members whether to submit the proposed amendment to the Members for acceptance。 Except as provided in paragraphs 2； 5 and 6； the provisions of paragraph 3 shall apply to the proposed amendment； unless the Ministerial Conference decides by a three…fourths majority of the Members that the provisions of paragraph 4 shall apply。
2。 Amendments to the provisions of this Article and to the provisions of the following Articles shall take effect only upon acceptance by all Members：
Article IX of this Agreement；
Articles I and II of GATT 1994；
Article II：1 of GATS；
Article 4 of the Agreement on TRIPS。
3。 Amendments to provisions of this Agreement； or of the Multilateral Trade Agreements in Annexes 1A and 1C； other than those listed in paragraphs 2 and 6； of a nature that would alter the rights and obligations of the Members； shall take effect for the Members that have accepted them upon acceptance by two thirds of the Members and thereafter for each other Member upon acceptance by it。 The Ministerial Conference may decide by a three…fourths majority of the Members that any amendment made effective under this paragraph is of such a nature that any Member which has not accepted it within a period specified by the Ministerial Conference in each case shall be free to withdraw from the WTO or to remain a Member with the consent of the Ministerial Conference。
4。 Amendments to provisions of this Agreement or of the Multilateral Trade Agreements in Annexes 1A and 1C； other than those listed in paragraphs 2 and 6； of a nature that would not alter the rights and obligations of the Members； shall take effect for all Members upon acceptance by two thirds of the Members。
5。 Except as provided in paragraph 2 above； amendments to Parts I； II and III of GATS and the respective annexes shall take effect for the Members that have accepted them upon acceptance by two thirds of the Members and thereafter for each Member upon acceptance by it。 The Ministerial Conference may decide by a three…fourths majority of the Members that any amendment made effective under the preceding provision is of such a nature that any Member which has not accepted it within a period specified by the Ministerial Conference in each case shall be free to withdraw from the WTO or to remain a Member with the consent of the Ministerial Conference。 Amendments to Parts IV； V and VI of GATS and the respective annexes shall take effect for all Members upon acceptance by two thirds of the Members。
6。 Notwithstanding the other provisions of this Article； amendments to the Agreement on TRIPS meeting the requirements of paragraph 2 of Article 71 thereof may be adopted by the Ministerial Conference without further formal acceptance process。
7。 Any Member accepting an amendment to this Agreement or to a Multilateral Trade Agreement in Annex 1 shall deposit an instrument of acceptance with the Director…General of the WTO within the period of acceptance specified by the Ministerial Conference。
8。 Any Member of the WTO may initiate a proposal to amend the provisions of the Multilateral Trade Agreements in Annexes 2 and 3 by submitting such proposal to the Ministerial Conference。 The decision to approve amendments to the Multilateral Trade Agreement in Annex 2 shall be made by consensus and these amendments shall take effect for all Members upon approval by the Ministerial Conference。 Decisions to approve amendments to the Multilateral Trade Agreement in Annex 3 shall take effect for all Members upon approval by the Ministerial Conference。
9。 The Ministerial Conference； upon the request of the Members parties to a trade agreement； may decide exclusively by consensus to add that agreement to Annex 4。 The Ministerial Conference； upon the request of the Members parties to a Plurilateral Trade Agreement； may decide to delete that Agreement from Annex 4。
10。 Amendments to a Plurilateral Trade Agreement shall be governed by the provisions of that Agreement。
Article XI
Original Membership
1。 The contracting parties to GATT 1947 as of the date of entry into force of this Agreement； and the European munities； which accept this Agreement and th