农产品协议.docx

1、农产品协议AGREEMENT ON AGRICULTUREMembers, Having decided to establish a basis for initiating a process of reform of trade in agriculture in line with the objectives of the negotiations as set out in the Punta del Este Declaration; Recalling that their long-term objective as agreed at the Mid-Term Review

2、 of the Uruguay Round is to establish a fair and market-oriented agricultural trading system and that a reform process should be initiated through the negotiation of commitments on support and protection and through the establishment of strengthened and more operationally effective GATT rules and di

3、sciplines; Recalling further that the above-mentioned long-term objective is to provide for substantial progressive reductions in agricultural support and protection sustained over an agreed period of time, resulting in correcting and preventing restrictions and distortions in world agricultural mar

4、kets; Committed to achieving specific binding commitments in each of the following areas: market access; domestic support; export competition; and to reaching an agreement on sanitary and phytosanitary issues; Having agreed that in implementing their commitments on market access, developed country M

5、embers would take fully into account the particular needs and conditions of developing country Members by providing for a greater improvement of opportunities and terms of access for agricultural products of particular interest to these Members, including the fullest liberalization of trade in tropi

6、cal agricultural products as agreed at the Mid-Term Review, and for products of particular importance to the diversification of production from the growing of illicit narcotic crops; Noting that commitments under the reform programme should be made in an equitable way among all Members, having regar

7、d to non-trade concerns, including food security and the need to protect the environment; having regard to the agreement that special and differential treatment for developing countries is an integral element of the negotiations, and taking into account the possible negative effects of the implement

8、ation of the reform programme on least-developed and net food-importing developing countries; Hereby agree as follows:Part IArticle 1Definition of Terms In this Agreement, unless the context otherwise requires:(a) Aggregate Measurement of Support and AMS mean the annual level of support, expressed i

9、n monetary terms, provided for an agricultural product in favour of the producers of the basic agricultural product or non-product-specific support provided in favour of agricultural producers in general, other than support provided under programmes that qualify as exempt from reduction under Annex

10、2 to this Agreement, which is:(i) with respect to support provided during the base period, specified in the relevant tables of supporting material incorporated by reference in PartIV of a Members Schedule; and(ii) with respect to support provided during any year of the implementation period and ther

11、eafter, calculated in accordance with the provisions of Annex 3 of this Agreement and taking into account the constituent data and methodology used in the tables of supporting material incorporated by reference in Part IV of the Members Schedule;(b) basic agricultural product in relation to domestic

12、 support commitments is defined as the product as close as practicable to the point of first sale as specified in a Members Schedule and in the related supporting material;(c) budgetary outlays or outlays includes revenue foregone;(d) Equivalent Measurement of Support means the annual level of suppo

13、rt, expressed in monetary terms, provided to producers of a basic agricultural product through the application of one or more measures, the calculation of which in accordance with the AMS methodology is impracticable, other than support provided under programmes that qualify as exempt from reduction

14、 under Annex 2 to this Agreement, and which is:(i) with respect to support provided during the base period, specified in the relevant tables of supporting material incorporated by reference in PartIV of a Members Schedule; and(ii) with respect to support provided during any year of the implementatio

15、n period and thereafter, calculated in accordance with the provisions of Annex 4 of this Agreement and taking into account the constituent data and methodology used in the tables of supporting material incorporated by reference in Part IV of the Members Schedule;(e) export subsidies refers to subsid

16、ies contingent upon export performance, including the export subsidies listed in Article 9 of this Agreement;(f) implementation period means the six-year period commencing in the year 1995, except that, for the purposes of Article 13, it means the nine-year period commencing in 1995;(g) market acces

17、s concessions includes all market access commitments undertaken pursuant to this Agreement; (h) Total Aggregate Measurement of Support and Total AMS mean the sum of all domestic support provided in favour of agricultural producers, calculated as the sum of all aggregate measurements of support for b

18、asic agricultural products, all non-product-specific aggregate measurements of support and all equivalent measurements of support for agricultural products, and which is:(i) with respect to support provided during the base period (i.e. the Base Total AMS) and the maximum support permitted to be prov

19、ided during any year of the implementation period or thereafter (i.e. the Annual and Final Bound Commitment Levels), as specified in Part IV of a Members Schedule; and(ii) with respect to the level of support actually provided during any year of the implementation period and thereafter (i.e. the Cur

20、rent Total AMS), calculated in accordance with the provisions of this Agreement, including Article6, and with the constituent data and methodology used in the tables of supporting material incorporated by reference in Part IV of the Members Schedule;(i) year in paragraph (f) above and in relation to

21、 the specific commitments of a Member refers to the calendar, financial or marketing year specified in the Schedule relating to that Member.Article 2Product Coverage This Agreement applies to the products listed in Annex 1 to this Agreement, hereinafter referred to as agricultural products.PartIIArt

22、icle 3Incorporation of Concessions and Commitments1. The domestic support and export subsidy commitments in PartIV of each Members Schedule constitute commitments limiting subsidization and are hereby made an integral part of GATT 1994.2. Subject to the provisions of Article6, a Member shall not pro

23、vide support in favour of domestic producers in excess of the commitment levels specified in SectionI of PartIV of its Schedule.3. Subject to the provisions of paragraphs 2(b) and4 of Article9, a Member shall not provide export subsidies listed in paragraph1 of Article9 in respect of the agricultura

24、l products or groups of products specified in SectionII of PartIV of its Schedule in excess of the budgetary outlay and quantity commitment levels specified therein and shall not provide such subsidies in respect of any agricultural product not specified in that Section of its Schedule. PartIIIArtic

25、le 4Market Access1. Market access concessions contained in Schedules relate to bindings and reductions of tariffs, and to other market access commitments as specified therein.2. Members shall not maintain, resort to, or revert to any measures of the kind which have been required to be converted into

26、 ordinary customs duties, except as otherwise provided for in Article5 and Annex5.Article 5Special Safeguard Provisions1. Notwithstanding the provisions of paragraph 1(b) of Article II of GATT 1994, any Member may take recourse to the provisions of paragraphs 4 and 5 below in connection with the imp

27、ortation of an agricultural product, in respect of which measures referred to in paragraph 2 of Article 4 of this Agreement have been converted into an ordinary customs duty and which is designated in its Schedule with the symbol SSG as being the subject of a concession in respect of which the provi

28、sions of this Article may be invoked, if: (a) the volume of imports of that product entering the customs territory of the Member granting the concession during any year exceeds a trigger level which relates to the existing market access opportunity as set out in paragraph4; or, but not concurrently:

29、 (b) the price at which imports of that product may enter the customs territory of the Member granting the concession, as determined on the basis of the c.i.f. import price of the shipment concerned expressed in terms of its domestic currency, falls below a trigger price equal to the average 1986to1

30、988 reference price for the product concerned.2. Imports under current and minimum access commitments established as part of a concession referred to in paragraph 1 above shall be counted for the purpose of determining the volume of imports required for invoking the provisions of subparagraph 1(a) a

31、nd paragraph 4, but imports under such commitments shall not be affected by any additional duty imposed under either subparagraph 1(a) and paragraph 4 or subparagraph 1(b) and paragraph5 below.3. Any supplies of the product in question which were en route on the basis of a contract settled before th

32、e additional duty is imposed under subparagraph 1(a) and paragraph 4 shall be exempted from any such additional duty, provided that they may be counted in the volume of imports of the product in question during the following year for the purposes of triggering the provisions of subparagraph1(a) in that year.4. Any additional duty imposed under subparagraph1(a) shall only be maintained until the end of the year in which it has been imposed, and may only be levied at a level which shall not exceed onethird of the level of the o