. /.WORLD TRADE
ORGANIZATIONG/C/W/410
13 September 2002
(02-4861)
Council for Trade in Goods
3-4 October 2002
INTRODUCTION OF HARMONIZED SYSTEM 1996 CHANGES
INTO WTO SCHEDULES OF TARIFF CONCESSIONS
Israel – Schedule XLII
Draft Waiver Decision
The General Council,
Considering  that the Members of the WTO, by their Decisions of 13 December 1995,
18 July 1996, 24 April 1997, 22 October 1997, 24 April 1998, 14 October 1998, 15 June 1999,
4 November 1999, 3 May 2000, 8 December 2000, 8 May 2001 and 13 May 2002 1, acting pursuant to
the provisions of paragraph 3 of Article IX of the WTO Agreement, suspended the application of the
provisions of Article II of GATT 1994 until 31 October 2002, for the purpose of enabling theMembers listed in the Annex to implement the recommended amendments to the Harmonized System
nomenclature;
Considering  that by their Decision of 8 May 2001 the Members of the WTO also agreed that
it would be the last time an extension of the HS96 waiver would be granted on a collective basis, but
that this would not, however, preclude Members fr om requesting waivers on an individual basis;
Noting  that Israel has requested a waiver for the reasons explained in its request
2;
Considering  that Israel would need more time to proceed with consultations or possible
Article XXVIII negotiations;
Acting  pursuant to the provisions of paragraph 3 of Article IX of the WTO Agreement;
Decides , in view of the exceptional circumstances, to suspend the application of the
provisions of Article II of GATT 1994, until 30 April 2003, for the purpose of enabling Israel to
implement the recommended amendments to the Ha rmonized System nomenclature, subject to the
following conditions:
(i) Israel shall, where necessary, promptly enter into negotiations and consultations with
interested Members pursuant to paragraphs 1-3 of Article XXVIII of GATT 1994;
(ii) the negotiations and consultations mentioned above shall be completed not later than
30 April 2003;
                                                     
1 WT/L/124+Corr.1, WT/L/173, WT/L/216, WT/L/243, WT/L/268, WT/L/281, WT/L/303, WT/L/338,
WT/L/351, WT/L/379, WT/L/400 and WT/L/455.
2 G/L/560.G/C/W/410
Page 2
(iii) pending the entry into force of the results of the negotiations or consultations
mentioned above, the other Members will be  free, pursuant to Article XXVIII:3, to
suspend concessions initially negotiated with Israel to the extent that they consider
that adequate compensation is not offered by Israel.
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