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纺织品与服装协定
属类:法学专业-WTO法规
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(1). Members,Recalling that Ministers agreed at Punta del Este that "negotiations in the area of textiles and clothing shall aim to formulate modalities that would permit the eventual integration of this sector into GATT on the basis of strengthened GATT rules and disciplines, thereby also contributing to the objective of further liberalization of trade"
各成员,忆及部长们在埃斯特角城同意,“纺织品和服装领域的谈判应旨在制定有关模式,以使该部门在加强的GATT规则和纪律基础上最终纳入GATT,从而也对贸易进一步自由化的目标作出贡献”
(2). Recalling also that in the April 1989 Decision of the Trade Negotiations Committee it was agreed that the process of integration should commence following the conclusion of the Uruguay Round of Multilateral Trade Negotiations and should be progressive in character
还忆及在贸易谈判委员会1989年4月的决定中各方同意,一体化进程应自乌拉圭回合多边贸易谈判结束后开始,并应以渐进性为特点
(3). Members agree to use the provisions of paragraph 18 of Article 2 and paragraph 6(b)of Article 6 in such a way as to permit meaningful increases in access possibilities for small suppliers and the development of commercially significant trading opportunities for new entrants in the field of textiles and clothing trade.
各成员同意以如下方式使用本协定第2条第18款和第6条第6款(b)项的规定:即在纺织品和服装贸易领域使小供应方的市场准入获得有意义的增长,并为新参加方创造有商业意义的贸易机会。
(4). Members shall have due regard to the situation of those Members which have not accepted the Protocols extending the Arrangement Regarding International Trade in Textiles (referred to in this Agreement as the "MFA")since 1986 and, to the extent possible, shall afford them special treatment in applying the provisions of this Agreement.
各成员对于那些1986年以来未接受《国际纺织品贸易协议延长议定书》(本协定中称“MFA”)的成员的情况应给予适当注意,并在可能的限度内,应在适用本协定规定时给予它们特殊待遇。
(5). All quantitative restrictions within bilateral agreements maintained under Article 4 or notified under Article 7 or 8 of the MFA in force on the day before the entry into force of the WTO Agreement shall, within 60 days following such entry into force, be notified in detail
在《WTO协定》生效前一日已生效的、根据MFA第4条维持的或根据第7条或第8条作出通知的双边协定范围内的所有数量限制,应在《WTO协定》生效起60天内由维持此类限制的成员向本协定第8条规定的纺织品监督机构(本协定中称“TMB”)作出详细通知
(6). Including the restraint levels, growth rates and flexibility provisions, by the Members maintaining such restrictions to the Textiles Monitoring Body provided for in Article 8 (referred to in this Agreement as the "TMB"). Members agree that as of the date of entry into force of the WTO Agreement, all such restrictions maintained between GATT 1947 contracting parties, and in place on the day before such entry into force, shall be governed by the provisions of this Agreement.
包括限制水平、增长率和灵活条款。各成员同意,自《WTO协定》生效之日起,GATT1947缔约方之间维持的、并在《WTO协定》生效前一日已生效的所有此类限制应适用本协定的规定。
(7). The TMB shall circulate these notifications to all Members for their information. It is open to any Member to bring to the attention of the TMB, within 60 days of the circulation of the notifications, any observations it deems appropriate with regard to such notifications.
TMB应将这些通知散发所有成员供其参考。任何成员在通知散发后60天内,可提请TMB注意其认为适当的关于此类通知的任何意见。
(8). When the 12-month period of restrictions to be notified under paragraph 1 does not coincide with the 12-month period immediately preceding the date of entry into force of the WTO Agreement, the Members concerned should mutually agree on arrangements to bring the period of restrictions into line with the agreement year
如根据第1款进行通知的12个月限制期与《WTO协定》生效之日前的12个月下一致,则有关成员应共同议定关于使限制期与协定年度2相一致的安排
(9). Any such arrangements shall take into account, inter alia, seasonal patterns of shipments in recent years. The results of these consultations shall be notified to the TMB, which shall make such recommendations as it deems appropriate to the Members concerned.
任何此类安排应特别考虑近年装运货物的季节特点,这些磋商的结果应通知TMB,该机构应向有关成员提出其认为适当的建议。
(10). Recalling further that it was agreed that special treatment should be accorded to the least-developed country Members
进一步忆及各方同意应对最不发达国家成员给予特殊待遇
(11). This Agreement sets out provisions to be applied by Members during a transition period for the integration of the textiles and clothing sector into GATT 1994.
本协定列出各成员在纺织品和服装部门纳入GATT1994的过渡期内适用的规定。
(12). Members agree that the particular interests of the cotton-producing exporting Members should, in consultation with them, be reflected in the implementation of the provisions of this Agreement.
各成员同意,产棉出口成员的特殊利益应通过经与其进行磋商在实施本协定的规定过程中予以反映。
(13). In order to facilitate the integration of the textiles and clothing sector into GATT 1994, Members should allow for continuous autonomous industrial adjustment and increased competition in their markets.
为便利纺织品和服装部门纳入GATTl994,各成员应允许进行持续的自主产业调整,并增加其市场内的竞争。
(14). No new restrictions in terms of products or Members shall be introduced except under the provisions of this Agreement or relevant GATT 1994 provisions. Restrictions not notified within 60 days of the date of entry into force of the WTO Agreement shall be terminated forthwith.
除根据本协定规定或GATT1994的有关规定外,不得针对产品或成员采取新的限制3。在《WTO协定》生效之日起60天内未进行通知的限制应立即终止。
(15). Any unilateral measure taken under Article 3 of the MFA prior to the date of entry into force of the WTO Agreement may remain in effect for the duration specified therein, but not exceeding 12 months, if it has been reviewed by the Textiles Surveillance Body (referred to in this Agreement as the "TSB")established under the MFA.
在《WTO协定》生效之日前根据MFA第3条采取的任何单边措施,如已经根据MFA设立的纺织品监督机构(本协定中称“TSB”)审议,则可以在其列明的期限内继续有效,但不得超过12个月。
(16). Any measure applied under an MFA Article 4 agreement prior to the date of entry into force of the WTO Agreement that is the subject of a dispute which the TSB has not had the opportunity to review shall also be reviewed by the TMB in accordance with the MFA rules and procedures applicable for such a review.
如产生争端且TSB未能有机会进行审议,则也应由TMB依照MFA中适用于此种审议的规则和程序进行审议。
(17). On the date of entry into force of the WTO Agreement, each Member shall integrate into GATT 1994 products which accounted for not less than 16 percent of the total volume of the Member’s 1990 imports of the products in the Annex, in terms of HS lines or categories.
在《WTO协定》生效之日,每一成员应将不低于占该成员附件所列产品1990年总进口量16%产品纳入GATTl994,按协调制度税号或类别计算。
(18). Members maintaining restrictions falling under paragraph 1 undertake, notwithstanding the date of entry into force of the WTO Agreement, to notify such details to the GATT Secretariat not later than the date determined by the Ministerial Decision of 15 April 1994.
维持属第1款范围内的限制的成员承诺在不迟于1994年4月15日部长决定确定的日期,将此类细节通知GATT秘书处,无论《WTO协定》于何日生效。
(19). Members which have, pursuant to paragraph 1 of Article 6, retained the right to use the provisions of Article 6, shall notify such details to the TMB not later than 60 days following the date of entry into force of the WTO Agreement, or, in the case of those Members covered by paragraph 3 of Article 1, not later than at the end of the 12th month that the WTO Agreement is in effect.
按照第6条第1款保留使用第6条权利的成员,应在《WTO协定》生效之日起60天内将此类细节通知TMB,或对于第1条第3款涵盖的成员,应不迟于《WTO协定》生效后第12个月月末作出通知。
(20). Members which have notified, pursuant to paragraph 1 of Article 6, their intention not to retain the right to use the provisions of Article 6 shall, for the purposes of this Agreement, be deemed to have integrated their textiles and clothing products into GATT 1994. Such Members shall, therefore, be exempted from complying with the provisions of paragraphs 6 to 8 and 11.
已按照第6条第1款通知其不保留使用第6条权利的意向的成员,就本协定而言,应视为已将其纺织品和服装产品纳入GATT1994。因此,此类成员应免于遵守第6款至第8款和第11款的规定。
(21). During Stage 1 of this Agreement (from the date of entry into force of the WTO Agreement to the 36th month that it is in effect, inclusive)the level of each restriction under MFA bilateral agreements in force for the 12-month period prior to the date of entry into force of the WTO Agreement shall be increased annually by not less than the growth rate established for the respective restrictions, increased by 16 per cent.
在本协定第一阶段(自《WTO协定》生效之日起至其生效后第36个月止,含该月),在《WTO协定》生效之日前12个月实施的MFA项下双边协议中每一项限制的水平,每年应以不低于原为每一项限制确定的增长率再增....(please sign in for more)
(22). Except where the Council for Trade in Goods or the Dispute Settlement Body decides otherwise under paragraph 12 of Article 8, the level of each remaining restriction shall be increased annually during subsequent stages of this Agreement by not less than the following
除非货物贸易理事会或争端解决机构根据第8条第12款另有决定,否则每一项剩余限制的水平应在本协定随后各阶段每年以不低于下列水平的比例增长....(please sign in for more)
(23). Nothing in this Agreement shall prevent a Member from eliminating any restriction maintained pursuant to this Article, effective at the beginning of any agreement year during the transition period, provided the exporting Member concerned and the TMB are notified at least three months prior to the elimination coming into effect.
本协定的任何规定不得阻止一成员在过渡期内任何协定年度开始时,取消根据本条维持的任何限制,只要在取消限制生效至少3个月前向有关出口成员和TMB作出通知。....(please sign in for more)
(24). Flexibility provisions, i.e. swing, carryover and carry forward, applicable to all restrictions maintained pursuant to this Article, shall be the same as those provided for in MFA bilateral agreements for the 12-month period prior to the entry into force of the WTO Agreement. No quantitative limits shall be placed or maintained on the combined use of swing, carryover and carry forward.
对根据本条维持的所有限制适用的灵活条款,即调用、留用和借用,应与在《WTO协定》生效前12个月时间内MFA项下双边协议中的条款相同。对于调用、留用和借用的组合使用不得设置或维持任何数量限制。....(please sign in for more)
(25). In any case, during the duration of this Agreement, in which a safeguard measure is initiated by a Member under Article XIX of GATT 1994 in respect of a particular product during a period of one year immediately following the integration of that product into GATT 1994 in accordance with the provisions of this Article, the provisions of Article XIX, as interpreted by the Agreement on Safeguards, will apply, save as set out in paragraph 20.
在任何情况下,在本协定有效期内,如一成员根据GATT1994第19条对一特定产品在该产品依照本条的规定纳入GATT1994后一年内即采取保障措施,则将适用由《保障措施协定》解释的第19条的规定,但第2....(please sign in for more)
(26). Unless otherwise provided in this Agreement, its provisions shall not affect the rights and obligations of Members under the provisions of the WTO Agreement and the Multilateral Trade Agreements.
除非本协定另有规定,否则本协定的规定不得影响各成员在《WTO协定》和多边贸易协定项下的权利和义务。....(please sign in for more)
(27). The textile and clothing products to which this Agreement applies are set out in the Annex.
本协定运用的纺织品和服装产品列在本协定附件中.....(please sign in for more)
(28). Such observations shall be circulated to the other Members for their information. The TMB may make recommendations, as appropriate, to the Members concerned.
此类意见应散发其他成员供其参考。TMB可酌情向有关成员提出建议。....(please sign in for more)
(29). The restrictions notified under paragraph 1 shall be deemed to constitute the totality of such restrictions applied by the respective Members on the day before the entry into force of the WTO Agreement.
根据第1款进行通知的限制应被视为构成各成员在《WTO协定》生效前一日实施的全部此类限制。....(please sign in for more)
(30). Member concerned shall apply the measure in a manner as set forth in paragraph 2(d)of Article XIII of GATT 1994 at the request of any exporting Member whose exports of such products were subject to restrictions under this Agreement at any time in the one-year period immediately prior to the initiation of the safeguard measure.
如此种措施通过非关税手段实施,则有关进口成员应此类产品的出口在采取保障措施前一年内的任何时候曾受本协定项下限制约束的任何出口成员的请求,应按GATT1994第13条第2款(d)项所列方式实施该措施。....(please sign in for more)
(31). Where such a measure is applied using non-tariff means, the importing The exporting Member concerned shall administer such a measure. The applicable level shall not reduce the relevant exports below the level of a recent representative period, which shall normally be the average of exports from the Member concerned in the last three representative years for which statistics are available.
有关出口成员应管理此种措施。适用水平不得将有关出口减少到低于最近代表期的水平,该水平通常为可获得统计数字的有代表性的最近3年自有关成员的平均出口量....(please sign in for more)
(32). Furthermore, when the safeguard measure is applied for more than one year, the applicable level shall be progressively liberalized at regular intervals during the period of application. In such cases the exporting Member concerned shall not exercise the right of suspending substantially equivalent concessions or other obligations under paragraph 3(a)of Article XIX of GATT 1994
此外,如保障措施实施超过1年,则适用水平应在实施期内定期逐步放宽,在此类情况下,有关出口成员不得根据GATT1994第19条第3款(a)项行使中止实质相等的减让或其他义务的权利。....(please sign in for more)
(33). The TMB shall keep under review the implementation of this Article. It shall, at the request of any Member, review any particular matter with reference to the implementation of the provisions of this Article. It shall make appropriate recommendations or findings within 30 days to the Member or Members concerned, after inviting the participation of such Members.
TMB应审议本条的实施。在任何成员请求下,该机构应审议与本条规定的实施有关的任何具体事项.在邀请有关成员参加后,监督机构应在30天内向有关成员作出结论或提出适当建议。....(please sign in for more)
(34). Members maintaining restrictions falling under paragraph 1, except those justified under a GATT 1994 provision, shall either: bring them into conformity with GATT 1994 within one year following the entry into force of the WTO Agreement, and notify this action to the TMB for its information
维持属第1款范围内限制的成员,除根据一GATT1994的条款证明合理的限制外应:在《WTO协定》生效起1年内,使这些限制符合GATT1994,并将该行动通知TMB供其参考....(please sign in for more)
(35). During the duration of this Agreement, Members shall provide to the TMB, for its information, notifications submitted to any other WTO bodies with respect to any new restrictions or changes in existing restrictions on textile and clothing products, taken under any GATT 1994 provision, within 60 days of their coming into effect.
在本协定有效期内,各成员应将已向WTO任何其他机构作出的、关于根据GATT1994的任何规定而对纺织品和服装产品采取的任何新的限制或对现有限制变更的通知,在这些新的限制或变更生后60天内通知TMB供其....(please sign in for more)
(36). Restrictions referred to in Article 2, and those applied under Article 6, shall be administered by the exporting Members. Importing Members shall not be obliged to accept shipments in excess of the restrictions notified under Article 2, or of restrictions applied pursuant to Article 6.
第2年所指的限制和根据第6条实施的限制,应由出口成员管理。进口成员无义务接受超过根据第2条通知的或根据第6条实施的限制水平的装运货物。....(please sign in for more)
(37). Members agree that the introduction of changes, such as changes in practices, rules, procedures and categorization of textile and clothing products, including those changes relating to the Harmonized System, in the implementation or administration of those restrictions notified or applied under this Agreement should not: upset the balance of rights and obligations between the Members concerned under this Agreement
各成员同意,在执行或管理根据本协定进行通知或实施的限制时所进行的改变,如在做法、规则、程序以及纺织品和服装产品分类方面的改变,包括与协调制度有关的改变,不得打破本协定项下有关成员之间权利和义务的平衡....(please sign in for more)
(38). If a product which constitutes only part of a restriction is notified for integration pursuant to the provisions of Article 2, Members agree that any change in the level of that restriction shall not upset the balance of rights and obligations between the Members concerned under this Agreement.
如就仅构成一项限制一部分的一产品根据第2条的规定作出纳入通知,则各成员同意该限制水平的任何改变不得打破本协定项下有关成员之间权利和义务的平衡。....(please sign in for more)
(39). When changes mentioned in paragraphs 2 and 3 are necessary, however, Members agree that the Member initiating such changes shall inform and, wherever possible, initiate consultations with the affected Member or Members prior to the implementation of such changes, with a view to reaching a mutually acceptable solution regarding appropriate and equitable adjustment.
但是,如第2款和第3款所述的改变属必要,则各成员同意进行此类改变的成员,只要可能,应在实施此类改变之前通知受影响的一个或多个成员,并与其进行磋商,以期就适当和公正的调整达成双方接受的解快办法....(please sign in for more)
(40). Members further agree that where consultation prior to implementation is not feasible, the Member initiating such changes will, at the request of the affected Member, consult, within 60 days if possible, with the Members concerned with a view to reaching a mutually satisfactory solution regarding appropriate and equitable adjustments.
各成员进一步同意,如在实施前进行磋商不可行,则在受影响成员请求下,进行此类改变的成员将与有关成员进行磋商,以期就适当和公正的调整达成双方满意的解决办法....(please sign in for more)
(41). Should the TSB not have had the opportunity to review a dispute concerning such changes introduced prior to the entry into force of the WTO Agreement, it shall be reviewed by the TMB in accordance with the rules and procedures of the MFA applicable for such a review.
如TSB未能有机会审议因在《WTO协定》生效之前所进行的改变而产生的争端、则TMB应依照MFA中适用于此种审议的规则和程序进行审议。....(please sign in for more)
(42). The products to be integrated shall encompass products from each of the following four groups: tops and yarns, fabrics, made-up textile products, and clothing.
纳入的产品应包括下列4组产品中的每一组:毛条和纱线、织物、纺织制成品和服装。....(please sign in for more)
(43). Full details of the actions to be taken pursuant to paragraph 6 shall be notified by the Members concerned according to the following
按照第6款采取行动的全部细节应由有关成员根据以下规定进行通知....(please sign in for more)
(44). The GATT Secretariat shall promptly circulate these notifications to the other participants for information. These notifications will be made available to the TMB, when established, for the purposes of paragraph 21
GATT秘书处应迅速将这些通知散发其他参加方供参考。就第21款而言,在TMB设立后,应使该机构可获得这些通知....(please sign in for more)
(45). The TMB shall circulate these notifications to the other Members for information and review them as provided in paragraph 21.
TMB应将这些通知散发其他成员供参考,并按第21款的规定对其进行审议。....(please sign in for more)
(46). Members agree that circumvention by transshipment, re-routing, false declaration concerning country or place of origin, and falsification of official documents, frustrates the implementation of this Agreement to integrate the textiles and clothing sector into GATT 1994.
各成员同意,转运、改道、谎报原产国或原产地、伪造公文等规避行为可阻挠为将纺织品和服装部门纳入GATT1994而实施本协定。....(please sign in for more)
(47). Accordingly, Members should establish the necessary legal provisions and/or administrative procedures to address and take action against such circumvention. Members further agree that, consistent with their domestic laws and procedures, they will cooperate fully to address problems arising from circumvention.
因此,各成员应制定必要的法律规定和;或行政程序,以处理此类规避行为并对其采取行动。各成员进一步同意,在与其国内法律和程序相一致的情况下,将进行充分合作,以处理规避行为所产生的问题。....(please sign in for more)
(48). Should any Member believe that this Agreement is being circumvented by transshipment, re-routing, false declaration concerning country or place of origin, or falsification of official documents, and that no, or inadequate, measures are being applied to address and/or to take action against such circumvention, that Member should consult with the Member or Members concerned with a view to seeking a mutually satisfactory solution.
如任何成员认为,本协定由于转运、改道、谎报原产国或原产地、或伪造公文而受到规避,并认为在处理规避行为和;或对其采取行动方面未采取措施或采取的措施不适当,则该成员应与有关成员进行磋商,以期寻求双方满意的....(please sign in for more)
(49). Members agree to cooperate fully, consistent with their domestic laws and procedures, in instances of circumvention or alleged circumvention of this Agreement, to establish the relevant facts in the places of import, export and, where applicable, transshipment.
各成员同意,在与其国内法律和程序相一致的情况下,在出现规避本协定的行为或被指控规避本协定的行为时进行充分合作,以便在进口地、出口地以及如适用在转运地确定有关事实。....(please sign in for more)
(50). And facilitation of plant visits and contacts, upon request and on a case-by-case basis. Members should endeavour to clarify the circumstances of any such instances of circumvention or alleged circumvention, including the respective roles of the exporters or importers involved.
以及应请求并在逐案基础上便利访问有关工厂和进行接触,各成员应努力澄清任何此类规避和被指控的规避行为,包括所涉及的出口商或进口商各自的作用。....(please sign in for more)
(51). Where, as a result of investigation, there is sufficient evidence that circumvention has occurred (e.g. where evidence is available concerning the country or place of true origin, and the circumstances of such circumvention), Members agree that appropriate action, to the extent necessary to address the problem, should be taken.
如作为调查结果,有足够证据表明已发生规避行为(例如,可获得关于真实原产国或原产地的证据和该规避行为的情况),则各成员同意应采取处理该事项所必需的适当行动....(please sign in for more)
(52). Such action may include the denial of entry of goods or, where goods have entered, having due regard to the actual circumstances and the involvement of the country or place of true origin, the adjustment of charges to restraint levels to reflect the true country or place of origin.
该行动可包括拒绝货物入境,或如果货物已入境,则在适当注意实际情况和所涉及的真实原产国或原产地的情况下,调整配额的限制水平以反映真实的原产国或原产地....(please sign in for more)
(53). Also, where there is evidence of the involvement of the territories of the Members through which the goods have been transshipped, such action may include the introduction of restraints with respect to such Members. Any such actions, together with their timing and scope, may be taken after consultations held with a view to arriving at a mutually satisfactory solution between the concerned Members and shall be notified to the TMB with full justification.
此外,如有证据表明涉及货物借此转运的成员领土,则该行动可包括对此类成员采取的限制。任何此类行动及其时间和范围,可在有关成员之间为达成双方满意的解决办法而进行磋商后采取。且应通知TMB,并附完整的正当理....(please sign in for more)
(54). Members note that some cases of circumvention may involve shipments transiting through countries or places with no changes or alterations made to the goods contained in such shipments in the places of transit. They note that it may not be generally practicable for such places of transit to exercise control over such shipments.
各成员注意到,一些规避案件可能涉及虽经某些国家或地区过境、但其中包含的货物未在过境地发生变化或改变的装运货物,它们注意到,此类转运地对此类装运货物实行控制通常并不实际。....(please sign in for more)
(55). Should any Member believe that this Agreement is being circumvented by such false declaration and that no, or inadequate, administrative measures are being applied to address and/or to take action against such circumvention, that Member should consult promptly with the Member involved with a view to seeking a mutually satisfactory solution.
如任何成员认为本协定由于此种谎报而受到规避,并认为在处理规避行为和;或对其采取行动方面未采取措施或采取的措施不适当,则该成员应迅速与有关成员进行磋商,以期寻求双方满意的解决办法。....(please sign in for more)
(56). If such a solution is not reached, the matter may be referred by any Member involved to the TMB for recommendations. This provision is not intended to prevent Members from making technical adjustments when inadvertent errors in declarations have been made.
如未能达成解决办法,则所涉及的任何成员可将此事项提交TMB,请其提出建议。本规定无意阻止各成员在申报由于疏忽而出现错误时而进行的技术性调整。....(please sign in for more)
(57). Members recognize that during the transition period it may be necessary to apply a specific transitional safeguard mechanism (referred to in this Agreement as "transitional safeguard"). The transitional safeguard may be applied by any Member to products covered by the Annex, except those integrated into GATT 1994 under the provisions of Article 2.
各成员认识到,在过渡期内可能有必要实施特定的过渡性保障机制(本协定中称“过渡性保障措施”)。任何成员均可对附件所涵盖产品实施过渡性保障措施,根据第2条的规定己纳入GATT1994的产品除外。....(please sign in for more)
(58). The remaining products, i.e. the products not integrated into GATT 1994 under paragraph 6, shall be integrated, in terms of HS lines or categories, in three stages, as follows
剩余产品,即未根据第6款纳入GATTl994的产品,应按照协调制度税号或类别计算分下列三个阶段纳入....(please sign in for more)
(59). On the first day of the 37th month that the WTO Agreement is in effect, products which accounted for not less than 17 percent of the total volume of the Member’s 1990 imports of the products in the Annex.
《WTO协定》生效后第37个月的第一天,纳入不低于占一成员附件所列产品1990年总进口量17%的产品。....(please sign in for more)
(60). On the first day of the 85th month that the WTO Agreement is in effect, products which accounted for not less than 18 percent of the total volume of the Member’s 1990 imports of the products in the Annex.
在《WTO协定》生效后第85个月的第一天,纳入不低于占一成员附件所列产品1990年总进口量18%的产品。....(please sign in for more)
(61). The products to be integrated by the Members shall encompass products from each of the following four groups: tops and yarns, fabrics, made-up textile products, and clothing
各成员纳入的产品应包括下列4组产品中的每一组:毛条和纱线、织物、纺织制成品和服装....(please sign in for more)
(62). Safeguard action may be taken under this Article when, on the basis of a determination by a Member , it is demonstrated that a particular product is being imported into its territory in such increased quantities as to cause serious damage, or actual threat thereof, to the domestic industry producing like and/or directly competitive products.
如根据一成员作出的确定,表明一特定产品进口至其领土内的数量增加,对生产同类和;或直接竞争产品的国内产业造成严重损害或严重损害的实际威胁,则可根据本条采取保障措施。....(please sign in for more)
(63). In making a determination of serious damage, or actual threat thereof, as referred to in paragraph 2, the Member shall examine the effect of those imports on the state of the particular industry, as reflected in changes in such relevant economic variables as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits and investment
在确定第2款所指的严重损害或严重损害的实际威胁时,有关成员应审查这些进口对特定产业状况的影响,此种影响可反映在下列有关经济变量的变化中:产量、生产率、开工率、库存、市场份额、出口、工资、就业、国内价格....(please sign in for more)
(64). From such a Member or Members individually, and on the basis of the level of imports as compared with imports from other sources, market share, and import and domestic prices at a comparable stage of commercial transaction; none of these factors, either alone or combined with other factors, can necessarily give decisive guidance.
以及与其他来源的进口、市场份额以及在商业交易的可比阶段进口和国内价格相比的进口水平;这些因素中的任何一个,无论单独还是与其他因素相结合,均未必能够给予决定性的指导。....(please sign in for more)
(65). Members whose total volume of textile and clothing exports is small in comparison with the total volume of exports of other Members and who account for only a small percentage of total imports of that product into the importing Member shall be accorded differential and more favourable treatment in the fixing of the economic terms provided in paragraphs 8, 13 and 14.
对于纺织品和服装总出口量小于其他成员的总出口量。且只占进入进口成员该产品总进口量中很小比例的成员,在确定第8款、第13款和第14款规定的经济条件方面应被给予差别和更优惠的待遇。....(please sign in for more)
(66). The request for consultations shall be accompanied by specific and relevant factual information, as up-to-date as possible, particularly in regard to: (a)the factors, referred to in paragraph 3, on which the Member invoking the action has based its determination of the existence of serious damage or actual threat thereof
磋商请求应附尽可能最新的、具体的和有关的事实信息,特别是关于:第3款所指的、援引保障措施的成员据以确定存在严重损害或严重损害的实际威胁的因素....(please sign in for more)
(67). And (b)the factors, referred to in paragraph 4, on the basis of which it proposes to invoke the safeguard action with respect to the Member or Members concerned. In respect of requests made under this paragraph, the information shall be related, as closely as possible, to identifiable segments of production and to the reference period set out in paragraph 8.
及(b)第4款所指的、该成员据以对一个或多个有关成员提议援引保障措施的因素。对于根据本款提出的请求,有关信息应尽可能与可确认的生产部门和第8款所列的参考期密切相关。....(please sign in for more)
(68). If, in the consultations, there is mutual understanding that the situation calls for restraint on the exports of the particular product from the Member or Members concerned, the level of such restraint shall be fixed at a level not lower than the actual level of exports or imports from the Member concerned during the 12-month period terminating two months preceding the month in which the request for consultation was made.
如在磋商中双方达成共同谅解,认为有关情况要求对自有关成员特定产品的出口实施限制,则该限制的水平应确定在不低于提出磋商请求当月的2个月前结束的12个月期间有关成员出口或进口的实际水平。....(please sign in for more)
(69). If, however, after the expiry of the period of 60 days from the date on which the request for consultations was received, there has been no agreement between the Members, the Member which proposed to take safeguard action may apply the restraint by date of import or date of export, in accordance with the provisions of this Article, within 30 days following the 60-day period for consultations, and at the same time refer the matter to the TMB.
但是如在收到磋商请求之日起60天期满后,有关成员之间仍未能达成协议,则提议采取保障措施的成员可依照本条的规定,在60天磋商期后的30天内,自进口之日或出口之日起实施该限制,并同时将此事项提交TMB。....(please sign in for more)
(70). It shall be open to either Member to refer the matter to the TMB before the expiry of the period of 60 days. In either case, the TMB shall promptly conduct an examination of the matter, including the determination of serious damage, or actual threat thereof, and its causes, and make appropriate recommendations to the Members concerned within 30 days.
在60天期满之前,两成员中的任何一成员均可将此事项交TMB。在以上两种情况下,TMB均应迅速对此事项进进行审查,包括严重损害、严重损害的实际威胁及其原因的确定,并在30天内向有关成员提出适当建议。....(please sign in for more)
(71). In highly unusual and critical circumstances, where delay would cause damage which would be difficult to repair, action under paragraph 10 may be taken provisionally on the condition that the request for consultations and notification to the TMB shall be effected within no more than five working days after taking the action.
在迟延会造成难以弥补的损害的极不寻常和紧急的情况下,可临时采取第10款下的措施,但条件是在采取措施后5个工作日内应提出磋商请求并通知TMB....(please sign in for more)
(72). In the case that consultations do produce agreement, Members shall notify the TMB upon conclusion but, in any case, no later than 90 days from the date of the implementation of the action. The TMB may make such recommendations as it deems appropriate to the Members concerned.
如磋商确实达成协议,则有关成员应在磋商结束时通知TMB,但决不能迟于采取措施之日起90天。TMB可向有关成员提出其认为适当的建议。....(please sign in for more)
(73). Should the restraint measure remain in force for a period exceeding one year, the level for subsequent years shall be the level specified for the first year increased by a growth rate of not less than 6 percent per annum, unless otherwise justified to the TMB.
如限制措施的实施时间超过1年,则随后各年的限制水平应在第一年所确定水平基础上每年至少增长6%,除非向TMB提出其他理由。....(please sign in for more)
(74). On the first day of the 121st month that the WTO Agreement is in effect, the textiles and clothing sector shall stand integrated into GATT 1994, all restrictions under this Agreement having been eliminated.
在《WTO协定》生效后第121个月的第一天,纺织品和服装部门应全部纳入GATT1994,本协定项下的所有限制均应取消。....(please sign in for more)
(75). Nothing in this Agreement shall prevent a Member which has submitted an integration programme pursuant to paragraph 6 or 8 from integrating products into GATT 1994 earlier than provided for in such a programme.
本协定的任何规定不得阻止已按照第6款至第8款提交纳入计划的一成员在该计划规定的时间之前将产品纳入GATT1994。....(please sign in for more)
(76). However, any such integration of products shall take effect at the beginning of an agreement year, and details shall be notified to the TMB at least three months prior thereto for circulation to all Members.
但是,任何此种产品的纳入均应在每一协定年度开始时生效,且有关细节应至少提前3个月通知TMB,供散发所有成员。....(please sign in for more)
(77). The restraint level for the product concerned may be exceeded in either year of any two subsequent years by carry forward and/or carryover of 10 percent of which carry forward shall not represent more than 5 per cent. No quantitative limits shall be placed on the combined use of carryover, carry forward and the provision of paragraph 14.
有关产品的限制水平可在随后2年中的任何1年借用和/或留用10%,其中借用不得超过5%。不得对留用、借用和第14款规定的组合使用设立数量限制。....(please sign in for more)
(78). When more than one product from another Member is placed under restraint under this Article by a Member, the level of restraint agreed, pursuant to the provisions of this Article, for each of these products may be exceeded by 7 percent, provided that the total exports subject to restraint do not exceed the total of the levels for all products so restrained under this Article, on the basis of agreed common units.
如一成员对自另一成员的一项以上产品设置本条下的限制,则根据本条规定议定的对这些产品中每一项产品的限制水平可以超过7%,只要在议定的共同单位基础上,受限的全部出口产品不超过在本条下受限的所有产品的总限制....(please sign in for more)
(79). If a safeguard action is applied under this Article to a product for which a restraint was previously in place under the MFA during the 12-month period prior to the entry into force of the WTO Agreement, or pursuant to the provisions of Article 2 or 6, the level of the new restraint shall be the level provided for in paragraph 8 unless the new restraint comes into force within one year of
如根据本条的规定对一产品实施保障措施,而在《WTO协定》生效前12个月内该产品曾受MFA项下的限制,或根据第2条或第6条的规定实施保障措施,则新的限制水平应为第8款中规定的水平,除非新的限制在下列日期....(please sign in for more)
(80). When a Member which is not maintaining a restraint under Article 2 decides to apply a restraint pursuant to the provisions of this Article, it shall establish appropriate arrangements which: (a)take full account of such factors as established tariff classification and quantitative units based on normal commercial practices in export and import transactions, both as regards fibre composition and in terms of competing for the same segment of its domestic market
如未根据第2条维持限制的成员决定按照本条的规定实施限制措施,则该成员应制定适当的安排,以便:(a)就纤维成分并依据其国内市场的相同部分进行竞争,充分考虑按照进出口交易中通常商业做法确定的税则归类和数量....(please sign in for more)
(81). Ensure the application of policies relating to fair and equitable trading conditions as regards textiles and clothing in such areas as dumping and anti-dumping rules and procedures, subsidies and countervailing measures, and protection of intellectual property rights
在倾销和反倾销的规则和程序、补贴和反补贴措施以及知识产权保护等领域,保证实施与纺织品和服装公平和公正的贸易条件有关的政策....(please sign in for more)
(82). Members shall notify to the TMB the actions referred to in paragraph 1 which have a bearing on the implementation of this Agreement. To the extent that these have been notified to other WTO bodies, a summary, with reference to the original notification, shall be sufficient to fulfill the requirements under this paragraph. It shall be open to any Member to make reverse notifications to the TMB.
各成员应将第1款所指的、对本协定的执行有影响的措施通知TMB。如此类措施已向WTO其他机构作出通知,则提供关于原通知的概要即可满足本款的要求。任何成员均可向TMB作出反向通知。....(please sign in for more)
(83). Where any Member considers that another Member has not taken the actions referred to in paragraph 1, and that the balance of rights and obligations under this Agreement has been upset, that Member may bring the matter before the relevant WTO bodies and inform the TMB.
如任何成员认为另一成员工未采取第1款所指的措施,且本协定项下的权利和义务的平衡已被打破,则该成员可将此事项提交WTO有关机构,并通知TMB。....(please sign in for more)
(84). In order to supervise the implementation of this Agreement, to examine all measures taken under this Agreement and their conformity therewith, and to take the actions specifically required of it by this Agreement, the Textiles Monitoring Body ("TMB")is hereby established.
为监督本协定的实施,审查根据本协定采取的所有措施及其本协定的一致性,并采取本协定具体要求的行动,特此设立纺织品监督机构(本协定中称“TMB”)。....(please sign in for more)
(85). In the absence of any mutually agreed solution in the bilateral consultations provided for in this Agreement, the TMB shall, at the request of either Member, and following a thorough and prompt consideration of the matter, make recommendations to the Members concerned.
如本协定规定的双边磋商未能达成双方同意的解决办法,则TMB在两成员中任何一成员请求下,并在对有关事项进行全面和迅速的审议后,应向有关成员提出建议。....(please sign in for more)
(86). At the request of any Member, the TMB shall review promptly any particular matter which that Member considers to be detrimental to its interests under this Agreement and where consultations between it and the Member or Members concerned have failed to produce a mutually satisfactory solution.
在任何成员请求下,TMB应迅速审议该成员认为损害其在本协定项下利益的任何具体事项,且其与有关成员的磋商未能达成双方满意的解决办法。....(please sign in for more)
(87). If, after such further recommendations, the matter remains unresolved, either Member may bring the matter before the Dispute Settlement Body and invoke paragraph 2 of Article XXIII of GATT 1994 and the relevant provisions of the Dispute Settlement Understanding.
如在提出此类进一步建议后问题仍未解决,则两成员中任何一个成员均可将此事项提交争端解决机构,并援引GATTl994第23条第2款及《争端解决谅解》的有关规定。....(please sign in for more)
(88). To assist in this review, the TMB shall, at least five months before the end of each stage, transmit to the Council for Trade in Goods a comprehensive report on the implementation of this Agreement during the stage under review, in particular in matters with regard to the integration process
为协助该审议,TMB应在每一阶段结束前至少5个月,向货物贸易理事会提交一份关于在被审议阶段本协定实施情况的全面报告,特别是关于一体化进程的事项。....(please sign in for more)
(89). The respective programmes of integration, in pursuance of paragraph 8, shall be notified in detail to the TMB at least 12 months before their coming into effect, and circulated by the TMB to all Members.
根据第8款规定的各纳入计划应至少在生效前12个月详细通知TMB,并由该机构散发所有成员。....(please sign in for more)
(90). The Base levels of the restrictions on the remaining products, mentioned in paragraph 8, shall be the restraint levels referred to in paragraph 1.
第8款所述剩余产品的基础限制水平应为第1款所指的限制水平。....(please sign in for more)
(91). For Stage 2 (from the 37th to the 84th month that the WTO Agreement is in effect, inclusive), the growth rate for the respective restrictions during Stage 1, increased by 25 percent
在第二阶段(自《WTO协定》生效后第37个月起至第84个月止,含该月),第一阶段各限制水平的增长率再分别均长25%....(please sign in for more)
(92). For Stage 3 (from the 85th to the 120th month that the WTO Agreement is in effect, inclusive), the growth rate for the respective restrictions during Stage 2, increased by 27 percent.
在第三阶段(自《WTO协定》生效后第85个月起至第12O个月止,含该月),第二阶段各限制水平的增长率再分别增长27%。....(please sign in for more)
(93). For the resolution of any disputes that may arise with respect to matters referred to in Article 7, the Dispute Settlement Body may authorize, without prejudice to the final date set out under Article 9, an adjustment to paragraph 14 of Article 2, for the stage subsequent to the review, with respect to any Member found not to be complying with its obligations under this Agreement.
为解决第7条所指事项可能引起的任何争端,在不损害第9条下所列最后日期的情况下,争端解决机构可授权在审议后下一阶段,就被确定不符合本协定项下义务的任何成员,对第2条第14款作出调整。....(please sign in for more)
(94). This Agreement and all restrictions thereunder shall stand terminated on the first day of the 121st month that the WTO Agreement is in effect, on which date the textiles and clothing sector shall be fully integrated into GATT 1994. There shall be no extension of this Agreement.
本协定及本协定项下的所有限制应于《WTO协定》生效后第121个月的第一天终止。届时纺织品和服装部门应全面纳入GATT1994。本协定不得延长。....(please sign in for more)
(95). Actions under the safeguard provisions in Article 6 of this Agreement shall not apply to:(a)developing country Members’ exports of handloom fabrics of the cottage industry, or hand-made cottage industry products made of such handloom fabrics, or traditional folklore handicraft textile and clothing products, provided that such products are properly certified under arrangements established between the Members concerned
根据本协定第6条保障措施条款采取的行动不得适用于:(a)发展中国家成员家庭手工业制作的手工织物,或由此类手工织物手工制作的家庭手工业产品,或传统民间手工纺织品和服装产品的出口,只要此类产品根据有关成员....(please sign in for more)
(96). Historically traded textile products which were internationally traded in commercially significant quantities prior to 1982, such as bags, sacks, carpetbacking, cordage, luggage, mats, mattings and carpets typically made from fibres such as jute, coir, sisal, abaca, maguey and henequen
1982年以前在国际贸易中大量交易的传统贸易纺织品,如以黄麻、椰子纤维、西沙尔麻、马尼拉麻、龙舌兰纤维和黑纳金纤维等制成的包、袋、地毯背衬、绳索、行李箱、垫、编织品和地毯....(please sign in for more)
(97). And to establish notional base levels of such restrictions in order to implement the provisions of this Article. Concerned Members agree to enter into consultations promptly upon request with a view to reaching such mutual agreement.
以及关于确定此类限制的概念性基础水平以便实施本条规定的安排,有关成员同意,应请求,迅速进行磋商,以期达成此类共同协议。....(please sign in for more)
(98). Should the TSB not have had the opportunity to review any such unilateral measure, it shall be reviewed by the TMB in accordance with the rules and procedures governing Article 3 measures under the MFA.
如TSB未能有机会对这些单方面措施进行审议,则该措施应由TMB依照MFA项下适用于第3条措施的规则和程序进行审议“在《WTO协定》”生效之日前根据MFA第4条协议实施的任何措施....(please sign in for more)
(99). The period for prior notification may be shortened to 30 days with the agreement of the restrained Member.
如受限成员同意,则预先通知的期限可缩短至30天。....(please sign in for more)
(100). The TMB shall circulate such notifications to all Members. In considering the elimination of restrictions as envisaged in this paragraph, the Members concerned shall take into account the treatment of similar exports from other Members.
TMB应将此类通知散发所有成员,在考虑本款设想的取消限制时,有关成员应考虑对自其他成员的类似出口产品的待遇。....(please sign in for more)
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