ANNEX 4a AGREEMENT ON TRADE IN CIVIL AIRCRAF.docx

1、ANNEX 4a AGREEMENT ON TRADE IN CIVIL AIRCRAF AGREEMENT ON TRADE IN CIVIL AIRCRAFT PREAMBLE Signatories1 to the Agreement on Trade in Civil Aircraft, hereinafter referred to as this Agreement; Noting that Ministers on 12-14 September 1973 agreed the Tokyo Round of Multilateral Trade Negotiations shou

2、ld achieve the expansion and ever-greater liberalization of world trade through, inter alia, the progressive dismantling of obstacles to trade and the improvement of the international framework for the conduct of world trade; Desiring to achieve maximum freedom of world trade in civil aircraft, part

3、s and related equipment, including elimination of duties, and to the fullest extent possible, the reduction or elimination of trade restricting or distorting effects; Desiring to encourage the continued technological development of the aeronautical industry on a world-wide basis; Desiring to provide

4、 fair and equal competitive opportunities for their civil aircraft activities and for their producers to participate in the expansion of the world civil aircraft market; Being mindful of the importance in the civil aircraft sector of their overall mutual economic and trade interests; Recognizing tha

5、t many Signatories view the aircraft sector as a particularly important component of economic and industrial policy; Seeking to eliminate adverse effects on trade in civil aircraft resulting from governmental support in civil aircraft development, production, and marketing while recognizing that suc

6、h governmental support, of itself, would not be deemed a distortion of trade; Desiring that their civil aircraft activities operate on a commercially competitive basis, and recognizing that government-industry relationships differ widely among them; Recognizing their obligations and rights under the

7、 General Agreement on Tariffs and Trade, hereinafter referred to as the GATT, and under other multilateral agreements negotiated under the auspices of the GATT;_ 1The term Signatories is hereinafter used to mean Parties to this Agreement. Recognizing the need to provide for international notificatio

8、n, consultation, surveillance and dispute settlement procedures with a view to ensuring a fair, prompt and effective enforcement of the provisions of this Agreement and to maintain the balance of rights and obligations among them; Desiring to establish an international framework governing conduct of

9、 trade in civil aircraft; Hereby agree as follows: Article 1 Product Coverage1.1 This Agreement applies to the following products: (a) all civil aircraft, (b) all civil aircraft engines and their parts and components, (c) all other parts, components, and sub-assemblies of civil aircraft, (d) all gro

10、und flight simulators and their parts and components, whether used as original or replacement equipment in the manufacture, repair, maintenance, rebuilding, modification or conversion of civil aircraft.1.2 For the purposes of this Agreement civil aircraft means (a) all aircraft other than military a

11、ircraft and (b) all other products set out in Article 1.1 above. Article 2 Customs Duties and Other Charges2.1 Signatories agree: 2.1.1 to eliminate by 1 January 1980, or by the date of entry into force of this Agreement, all customs duties and other charges1 of any kind levied on, or in connection

12、with, the importation of products, classified for customs purposes under their respective tariff headings listed in the Annex, if such products are for use in a civil aircraft and incorporation therein, in the course of its manufacture, repair, maintenance, rebuilding, modification or conversion;_ 1

13、Other charges shall have the same meaning as in Article II of the GATT. 2.1.2 to eliminate by 1 January 1980, or by the date of entry into force of this Agreement, all customs duties and other charges1 of any kind levied on repairs on civil aircraft; 2.1.3 to incorporate in their respective GATT Sch

14、edules by 1 January 1980, or by the date of entry into force of this Agreement, duty-free or duty-exempt treatment for all products covered by Article 2.1.1 above and for all repairs covered by Article 2.1.2 above.2.2 Each Signatory shall: (a) adopt or adapt an end-use system of customs administrati

15、on to give effect to its obligations under Article 2.1 above; (b) ensure that its end-use system provides duty-free or duty-exempt treatment that is comparable to the treatment provided by other Signatories and is not an impediment to trade; and (c)inform other Signatories of its procedures for admi

16、nistering the end-use system. Article 3 Technical Barriers to Trade3.1 Signatories note that the provisions of the Agreement on Technical Barriers to Trade apply to trade in civil aircraft. In addition, Signatories agree that civil aircraft certification requirements and specifications on operating

17、and maintenance procedures shall be governed, as between Signatories, by the Provisions of the Agreement on Technical Barriers to Trade. Article 4 Government-Directed Procurement, Mandatory Sub-Contracts and Inducements4.1 Purchasers of civil aircraft should be free to select suppliers on the basis

18、of commercial and technological factors.4.2 Signatories shall not require airlines, aircraft manufacturers, or other entities engaged in the purchase of civil aircraft, nor exert unreasonable pressure on them, to procure civil aircraft from any particular source, which would create discrimination ag

19、ainst suppliers from any Signatory._ 1Other charges shall have the same meaning as in Article II of the GATT.4.3 Signatories agree that the purchase of products covered by this Agreement should be made only on a competitive price, quality and delivery basis. In conjunction with the approval or award

20、ing of procurement contracts for products covered by this Agreement a Signatory may, however, require that its qualified firms be provided with access to business opportunities on a competitive basis and on terms no less favourable than those available to the qualified firms of other Signatories.14.

21、4 Signatories agree to avoid attaching inducements of any kind to the sale or purchase of civil aircraft from any particular source which would create discrimination against suppliers from any Signatory. Article 5 Trade Restrictions5.1 Signatories shall not apply quantitative restrictions (import qu

22、otas) or import licensing requirements to restrict imports of civil aircraft in a manner inconsistent with applicable provisions of the GATT. This does not preclude import monitoring or licensing systems consistent with the GATT.5.2 Signatories shall not apply quantitative restrictions or export lic

23、ensing or other similar requirements to restrict, for commercial or competitive reasons, exports of civil aircraft to other Signatories in a manner inconsistent with applicable provisions of the GATT. Article 6 Government Support, Export Credits, and Aircraft Marketing6.1 Signatories note that the p

24、rovisions of the Agreement on Interpretation and Application of Articles VI, XVI and XXIII of the General Agreement on Tariffs and Trade (Agreement on Subsidies and Countervailing Measures) apply to trade in civil aircraft. They affirm that in their participation in, or support of, civil aircraft_ 1

25、Use of the phrase access to business opportunities . on terms no less favourable . does not mean that the amount of contracts awarded to the qualified firms of one Signatory entitles the qualified firms of other Signatories to contracts of a similar amount. programmes they shall seek to avoid advers

26、e effects on trade in civil aircraft in the sense of Articles 8.3 and 8.4 of the Agreement on Subsidies and Countervailing Measures. They also shall take into account the special factors which apply in the aircraft sector, in particular the widespread governmental support in this area, their interna

27、tional economic interests, and the desire of producers of all Signatories to participate in the expansion of the world civil aircraft market.6.2 Signatories agree that pricing of civil aircraft should be based on a reasonable expectation of recoupment of all costs, including non-recurring programme

28、costs, identifiable and pro-rated costs of military research and development on aircraft, components, and systems that are subsequently applied to the production of such civil aircraft, average production costs, and financial costs. Article 7 Regional and Local Governments7.1 In addition to their ot

29、her obligations under this Agreement, Signatories agree not to require or encourage, directly or indirectly, regional and local governments and authorities, non-governmental bodies, and other bodies to take action inconsistent with provisions of this Agreement. Article 8 Surveillance, Review, Consul

30、tation, and Dispute Settlement8.1 There shall be established a Committee on Trade in Civil Aircraft (hereinafter referred to as the Committee) composed of representatives of all Signatories. The Committee shall elect its own Chairman. It shall meet as necessary, but not less than once a year, for th

31、e purpose of affording Signatories the opportunity to consult on any matters relating to the operation of this Agreement, including developments in the civil aircraft industry, to determine whether amendments are required to ensure continuance of free and undistorted trade, to examine any matter for

32、 which it has not been possible to find a satisfactory solution through bilateral consultations, and to carry out such responsibilities as are assigned to it under this Agreement, or by the Signatories.8.2 The Committee shall review annually the implementation and operation of this Agreement taking into account the objectives thereof. The Committee shall annually inform the CONTRACTING PARTIES to the GATT of developments during the period covered