WTO关税及贸易总协定翻译模板(1947年版中英文 第三部分)

日期:2018-02-08 / 人气: / 来源:http://www.rzfanyi.com/ 作者:译声翻译公司

WTO关税及贸易总协定翻译模板(1947年版中英文 第三部分)

WTO关税及贸易总协定(1947年版中英文 第三部分)

  Article XXI: Security Exceptions 第二十一条 安全例外

  Nothing in this Agreement shall be construed 本协定不得解释为:

  (a) to require any contracting party to furnish any information the disclosure of which it considers contrary to its essential security interests; or

  (b) to prevent any contracting party from taking any action which it considers necessary for the protection of its essential security interests

  (i) relating to fissionable materials or the materials from which they are derived;

  (ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;

  (iii) taken in time of war or other emergency in international relations; or

  (甲)要求任何缔约国提供其根据国家基本安全利益认为不能公布的资料;或

  (乙)阻止任何缔约国为保护国家基本安全利益对有关下列事项采取其认为必需采取的任何行动:

  (1)裂变材料或提炼裂变材料的原料;

  (2)武器、弹药和军火的贸易或直接和间接供军事机构用的其他物品或原料的贸易;

  (3)战时或国际关系中的其他紧急情况;或

  (c) to prevent any contracting party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.

  (丙)阻止任何缔约国根据联合国宪章为维持国际和平和安全而采取行动。

  Article XXII: Consultation 第二十二条 协商

  1. Each contracting party shall accord sympathetic consideration to, and shall afford adequate opportunity for consultation regarding, such representations as may be made by another contracting party with respect to any matter affecting the operation of this Agreement.

  2. The CONTRACTING PARTIES may, at the request of a contracting party, consult with any contracting party or parties in respect of any matter for which it has not been possible to find a satisfactory solution through consultation under paragraph 1.

  1.当一缔约国对影响本协定执行的任何事项向另一缔约国提出要求时,另一缔约国应给予同情的考虑,并应给予适当的机会进行协商。

  2.经一缔约国提出请求,缔约国全体对经本条第一款协商但未达成圆满结论的任何事项,可与另一缔约国或另几个缔约国进行协商。

  Article XXIII: Nullification or Impairment 第二十三条 利益的丧失或损害

  1. If any contracting party should consider that any benefit accruing to it directly or indirectly under this Agreement is being nullified or impaired or that the attainment of any objective of the Agreement is being impeded as the result of

  (a) the failure of another contracting party to carry out its obligations under this Agreement, or

  (b) the application by another contracting party of any measure, whether or not it conflicts with the provisions of this Agreement, or

  (c) the existence of any other situation,

  1.如一缔约国认为,由于

  (甲)另一缔约国未能实施其对本协定所承担的义务,或

  (乙)另一缔约国实施某种措施(不论这一措施是否与本协定的规定有抵触),或

  (丙)存在着任何其他情况,

  the contracting party may, with a view to the satisfactory adjustment of the matter, make written representations or proposals to the other contracting party or parties which it considers to be concerned. Any contracting party thus approached shall give sympathetic consideration to the representations or proposals made to it.

  它根据本协定直接或间接可享受的利益正在丧失或受到损害,或者使本协定规定的目标的实现受到阻碍,则这一缔约国为了使问题能得到满意的调整,可以向其认为有关的缔约国提出书面请求或建议。有关缔约国对提出的请求或建议应给予同情的考虑。

  2. If no satisfactory adjustment is effected between the contracting parties concerned within a reasonable time, or if the difficulty is of the type described in paragraph 1 (c) of this Article, the matter may be referred to the CONTRACTING PARTIES. The CONTRACTING PARTIES shall promptly investigate any matter so referred to them and shall make appropriate recommendations to the contracting parties which they consider to be concerned, or give a ruling on the matter, as appropriate. The CONTRACTING PARTIES may consult with contracting parties, with the Economic and Social Council of the United Nations and with any appropriate inter-governmental organization in cases where they consider such consultation necessary. If the CONTRACTING PARTIES consider that the circumstances are serious enough to justify such action, they may authorize a contracting party or parties to suspend the application to any other contracting party or parties of such concessions or other obligations under this Agreement as they determine to be appropriate in the circumstances. If the application to any contracting party of any concession or other obligation is in fact suspended, that contracting party shall then be free, not later than sixty days after such action is taken, to give written notice to the Executive Secretary(3) to the Contracting Parties of its intention to withdraw from this Agreement and such withdrawal shall take effect upon the sixtieth day following the day on which such notice is received by him.

  2.如有关缔约国在合理期间内尚不能达成满意的调整办法,或者困难属于第一款(丙)项所述类型,这一问题可以提交缔约国全体处理。缔约国全体对此应立即进行研究,并应向它所认为的有关缔约国提出适当建议,或者酌量对此问题作出裁决。缔约国全体如认为必要,可以与缔约各国、与联合国经社理事会和与适当的政府间组织进行协商。如缔约国全体认为情况严重以致有必要批准某缔约国斟酌实际情况对其他缔约国暂停实施本协定规定的减让或其他义务,它可以如此办理。如对一缔约国的减让或其他义务事实上已暂停实施,则这一缔约国在这项行动采取后的60天内,可以书面通知缔约国全体执行秘书长拟退出本协定,而自秘书长收到通知书后的60天开始,退出应即正式生效。

  Part III第三部分

  Article XXIV: Territorial Application — Frontier Traffic — Customs Unions and Free-trade Areas

  第二十四条 适用的领土范围棗边境贸易棗关税联盟和自由贸易区

  1. The provisions of this Agreement shall apply to the metropolitan customs territories of the contracting parties and to any other customs territories in respect of which this Agreement has been accepted under Article XXVI or is being applied under Article XXXIII or pursuant to the Protocol of Provisional Application. Each such customs territory shall, exclusively for the purposes of the territorial application of this Agreement, be treated as though it were a contracting party; Provided that the provisions of this paragraph shall not be construed to create any rights or obligations as between two or more customs territories in respect of which this Agreement has been accepted under Article XXVI or is being applied under Article XXXIII or pursuant to the Protocol of Provisional Application by a single contracting party.

  1.本协定的各项规定,应适用于各缔约国本国的关税领土,适用按照第二十六条接受本协定或按照第三十三条或《临时适用议定书》实施本协定的任何其他关税领土。每一个这样的关税领土,从本协定的领土适用范围来说,应把它作为一个缔约国对待。但本款的规定不得解释为:一缔约国按照第二十六条接受本协定或按照第三十三条或《临时适用议定书》实施本协定,即因此在两个或两个以上的关税领土之间产生任何权利或义务。

  2. For the purposes of this Agreement a customs territory shall be understood to mean any territory with respect to which separate tariffs or other regulations of commerce are maintained for a substantial part of the trade of such territory with other territories.

  2.本协定所称的关税领土,应理解为一个与其他领土之间的大部分贸易保持着单独税率或其他单独贸易规章的领土。

  3. The provisions of this Agreement shall not be construed to prevent:

  (a) Advantages accorded by any contracting party to adjacent countries in order to facilitate frontier traffic;

  (b) Advantages accorded to the trade with the Free Territory of Trieste by countries contiguous to that territory, provided that such advantages are not in conflict with the Treaties of Peace arising out of the Second World War.

  3.本协定的各项规定,不得阻止

  (甲)任何缔约国为便利边境贸易对毗邻国家给予某种利益;

  (乙)毗邻的里雅斯得自由区的国家,对与这一自由区进行的贸易给予某种利益;但这些利益不能与第二次世界大战后缔结的和平条约相抵触。

  4. The contracting parties recognize the desirability of increasing freedom of trade by the development, through voluntary agreements, of closer integration between the economies of the countries parties to such agreements. They also recognize that the purpose of a customs union or of a free-trade area should be to facilitate trade between the constituent territories and not to raise barriers to the trade of other contracting parties with such territories.

  4.缔约各国认为,通过自愿签订协定发展各国之间经济的一体化,以扩大贸易的自由化是有好处的。缔约各国还认为,成立关税联盟或自由贸易区的目的,应为便利组成联盟或自由贸易区的各领土之间的贸易,但对其他缔约国与这些领土之间进行的贸易,不得提高壁垒。

  5. Accordingly, the provisions of this Agreement shall not prevent, as between the territories of contracting parties, the formation of a customs union or of a free-trade area or the adoption of an interim agreement necessary for the formation of a customs union or of a free-trade area; Provided that:

  5.因此,本协定的各项规定,不得阻止缔约各国在其领土之间建立关税联盟或自由贸易区,或为建立关税联盟或自由贸易区的需要采用某种临时协定,但是:

  (a) with respect to a customs union, or an interim agreement leading to a formation of a customs union, the duties and other regulations of commerce imposed at the institution of any such union or interim agreement in respect of trade with contracting parties not parties to such union or agreement shall not on the whole be higher or more restrictive than the general incidence of the duties and regulations of commerce applicable in the constituent territories prior to the formation of such union or the adoption of such interim agreement, as the case may be;

  (甲)对关税联盟或过渡到关税联盟的临时协定来说,建立起来的这种联盟或临时协定对未参加联盟或临时协定的缔约各国的贸易所实施的关税和其他贸易规章,大体上不得高于或严于未建立联盟或临时协定时各组成领土所实施的关税和贸易规章的一般限制水平;

  (b) with respect to a free-trade area, or an interim agreement leading to the formation of a free-trade area, the duties and other regulations of commerce maintained in each of the constituent territories and applicable at the formation of such free–trade area or the adoption of such interim agreement to the trade of contracting parties not included in such area or not parties to such agreement shall not be higher or more restrictive than the corresponding duties and other regulations of commerce existing in the same constituent territories prior to the formation of the free-trade area, or interim agreement as the case may be; and

  (乙)对自由贸易区或过渡到自由贸易区的临时协定来说,在建立自由贸易区或采用临时协定以后,每个组成领土维持的对未参加贸易区或临时协定的缔约各国贸易所适用的关税和其他贸易规章,不得高于或严于同一组成领土在未成立自由贸易区或临时协定时所实施的相当关税和其他贸易规章,以及

  (c) any interim agreement referred to in subparagraphs (a) and (b) shall include a plan and schedule for the formation of such a customs union or of such a free-trade area within a reasonable length of time.

  (丙)本款(甲)项和(乙)项所称的临时协定,应具有一个在合理期间内成立关税联盟和自由贸易区的计划和进程表。

  6. If, in fulfilling the requirements of subparagraph 5 (a), a contracting party proposes to increase any rate of duty inconsistently with the provisions of Article II, the procedure set forth in Article XXVIII shall apply. In providing for compensatory adjustment, due account shall be taken of the compensation already afforded by the reduction brought about in the corresponding duty of the other constituents of the union.

  6.在实施本条第五款(甲)项要求的时候,一缔约国所拟增加的税率如与本协定第二条不符,则本协定第二十八条的程序,应予适用。在提供补偿性调整时,应适当考虑联盟的其他成员在减低相应的关税方面已提供的补偿。

  7. (a) Any contracting party deciding to enter into a customs union or free-trade area, or an interim agreement leading to the formation of such a union or area, shall promptly notify the CONTRACTING PARTIES and shall make available to them such information regarding the proposed union or area as will enable them to make such reports and recommendations to contracting parties as they may deem appropriate.

  (b) If, after having studied the plan and schedule included in an interim agreement referred to in paragraph 5 in consultation with the parties to that agreement and taking due account of the information made available in accordance with the provisions of subparagraph (a), the CONTRACTING PARTIES find that such agreement is not likely to result in the formation of a customs union or of a free-trade area within the period contemplated by the parties to the agreement or that such period is not a reasonable one, the CONTRACTING PARTIES shall make recommendations to the parties to the agreement. The parties shall not maintain or put into force, as the case may be, such agreement if they are not prepared to modify it in accordance with these recommendations.

  (c) Any substantial change in the plan or schedule referred to in paragraph 5 (c) shall be communicated to the CONTRACTING PARTIES, which may request the contracting parties concerned to consult with them if the change seems likely to jeopardize or delay unduly the formation of the customs union or of the free-trade area.

  7.(甲)任何缔约国决定加入关税联盟或自由贸易区,或签订成立关税联盟或自由贸易区的临时协定,应当及时通知缔约国全体,并应向其提供有关所拟议的联盟或贸易区的资料,以便缔约国全体得以斟酌向缔约各国提出报告和建议。

  (乙)经与参加本条第五款所述临时协定的各方对协定所包括的计划和进程表协商研究,并适当考虑本款(甲)项所提供的资料以后,如缔约国全体发现:参加协定各方在所拟议的期间内不可能组成关税联盟或自由贸易区,或认为所拟议的期间不够合理,缔约国全体应向参加协定各方提出建议,如参加协定各方不准备按照这些建议修改临时协定,则有关协定不得维持或付诸实施。

  (丙)本条第五款(丙)项所述计划或进程表的任何重要修改,应通知缔约国全体。如果这一改变将危及或不适当地延迟关税联盟或自由贸易区的建立,缔约国全体可以要求同有关缔约国进行协商。

  8. For the purposes of this Agreement: 8.在本协定内,

  (a) A customs union shall be understood to mean the substitution of a single customs territory for two or more customs territories, so that

  (i) duties and other restrictive regulations of commerce (except, where necessary, those permitted under Articles XI, XII, XIII, XIV, XV and XX) are eliminated with respect to substantially all the trade between the constituent territories of the union or at least with respect to substantially all the trade in products originating in such territories, and,

  (ii) subject to the provisions of paragraph 9, substantially the same duties and other regulations of commerce are applied by each of the members of the union to the trade of territories not included in the union;

  (b) A free-trade area shall be understood to mean a group of two or more customs territories in which the duties and other restrictive regulations of commerce (except, where necessary, those permitted under Articles XI, XII, XIII, XIV, XV and XX) are eliminated on substantially all the trade between the constituent territories in products originating in such territories.

  (甲)关税联盟应理解为以一个单独的关税领土代替两个或两个以上的关税领土,因此 ,

  (1)对联盟的组成领土之间的贸易,或至少对这些领土产品的实质上所有贸易,实质上已取消关税和其他贸易限制(在必要时,按照本协定第十一条、第十二条、第十三条、第十四条、第十五条和第二十条规定准许的,可以除外)。

  (2)除受本条第九款的限制以外,联盟的每个成员对于联盟以外领土的贸易,已实施实质上同样的关税或其他贸易规章。

  (乙)自由贸易区应理解为由两个和两个以上的关税领土所组成的一个对这些组成领土的产品的贸易,已实质上取消关税或其他贸易限制(在必要时,按照第十一条、第十二条、第十三条、第十四条、第十五条和第二十条规定准许的,可以除外)的集团。

  9. The preferences referred to in paragraph 2 of Article I shall not be affected by the formation of a customs union or of a free-trade area but may be eliminated or adjusted by means of negotiations with contracting parties affected.This procedure of negotiations with affected contracting parties shall, in particular, apply to the elimination of preferences required to conform with the provisions of paragraph 8 (a)(i) and paragraph 8 (b).

  10. The CONTRACTING PARTIES may by a two-thirds majority approve proposals which do not fully comply with the requirements of paragraphs 5 to 9 inclusive, provided that such proposals lead to the formation of a customs union or a free-trade area in the sense of this Article.

  11. Taking into account the exceptional circumstances arising out of the establishment of India and Pakistan as independent States and recognizing the fact that they have long constituted an economic unit, the contracting parties agree that the provisions of this Agreement shall not prevent the two countries from entering into special arrangements with respect to the trade between them, pending the establishment of their mutual trade relations on a definitive basis.

  12. Each contracting party shall take such reasonable measures as may be available to it to ensure observance of the provisions of this Agreement by the regional and local governments and authorities within its territories.

  9.本协定第一条第二款的优惠,不应因建立关税联盟或自由贸易区而受到影响,但可以与有关缔约国谈判加以调整或取消。当须要按照第八款(甲)项(1)和第八款(乙)项的规定取消优惠时,这种与有关缔约各国进行谈判的程序应特别适用。

  10.缔约国全体经2/3的多数通过,可以批准与本条第五款至第九款的要求不完全相符但系为建立本条所称的关税联盟或自由贸易区的建议。

  11.考虑到印度和巴基斯坦各自建成独立国家这一特殊情况,并承认这两个国家系长期组成一个经济单位这个事实,缔约各国同意,在它们之间的贸易关系尚未建立在确定的基础上以前,本协定的各项规定将不阻止这两个国家对它们的贸易,作出特别的安排。

  12.缔约国应采取一切可能采取的合理措施,保证在它的领土内的地区政府和当局及地方政府和当局能遵守本协定的各项规定。

  Article XXV: Joint Action by the Contracting Parties 第二十五条 缔约国的联合行动

  1. Representatives of the contracting parties shall meet from time to time for the purpose of giving effect to those provisions of this Agreement which involve joint action and, generally, with a view to facilitating the operation and furthering the objectives of this Agreement. Wherever reference is made in this Agreement to the contracting parties acting jointly they are designated as the CONTRACTING PARTIES.

  1.为了贯彻实施本协定内涉及联合行动的各项协定,以及,一般地说,为了便于实施本协定和促进实现本协定所规定的目的,各缔约国代表应当随时集会。本协定中谈到各缔约国采取联合行动时,一律称为缔约国全体。

  2. The Secretary-General of the United Nations is requested to convene the first meeting of the CONTRACTING PARTIES, which shall take place not later than March 1, 1948.

  3. Each contracting party shall be entitled to have one vote at all meetings of the CONTRACTING PARTIES.

  4. Except as otherwise provided for in this Agreement, decisions of the CONTRACTING PARTIES shall be taken by a majority of the votes cast.

  2.联合国秘书长应于1948年3月1日以前,召开缔约国全体第一次会议。

  3.每一缔约国在缔约国全体的各种会议上,应有一票投票权。

  4.缔约国全体的决议,除本协定另有规定外,应以所投票数的多数通过。

  5. In exceptional circumstances not elsewhere provided for in this Agreement, the CONTRACTING PARTIES may waive an obligation imposed upon a contracting party by this Agreement; Provided that any such decision shall be approved by a two-thirds majority of the votes cast and that such majority shall comprise more than half of the contracting parties. The CONTRACTING PARTIES may also by such a vote

  (i) define certain categories of exceptional circumstances to which other voting requirements shall apply for the waiver of obligations, and

  (ii) prescribe such criteria as may be necessary for the application of this paragraph(4).

  5.在本协定其他部分未作规定的特殊情况下,缔约国全体可以解除某缔约国对本协定所承担的某项义务;但这项决议,应以所投票的2/3的多数通过,而且这一多数应包括全体缔约国的半数以上。缔约国全体可以采用同样投票方法:

  (甲)规定须采用其他投票方法来解除承担义务的某些特殊情况,以及

  (乙)制订为实施本款规定所必需的某种标准。

  Article XXVI: Acceptance, Entry into Force and Registration

  第二十六条 本协定的接受、生效和登记

  1. The date of this Agreement shall be 30 October 1947.

  2. This Agreement shall be open for acceptance by any contracting party which, on 1 March 1955, was a contracting party or was negotiating with a view to accession to this Agreement.

  3. This Agreement, done in a single English original and a single French original, both texts authentic, shall be deposited with the Secretary-General of the United Nations, who shall furnish certified copies thereof to all interested governments.

  1.本协定的签署日期,应为1947年10月30日。

  2.在1955年3月1日已是缔约国或已正在谈判加入本协定的任何缔约国,可以任凭接受本协定。

  3.本协定用一份英文正本和一份法文正本写成,两种文本具有同等效力。本协定应交联合国秘书长存放。联合国秘书长应将已核对的副本,送交各有关政府。

  4. Each government accepting this Agreement shall deposit an instrument of acceptance with the Executive Secretary(5) to the Contracting Parties, who will inform all interested governments of the date of deposit of each instrument of acceptance and of the day on which this Agreement enters into force under paragraph 6 of this Article.

  4.接受本协定的每一政府,应向缔约国全体执行秘书长交存一份接受证书,执行秘书长应将每一接受证书的接受日期及按照本条第六款规定的本协定开始生效的日期,通知各有关政府。

  5. (a) Each government accepting this Agreement does so in respect of its metropolitan territory and of the other territories for which it has international responsibility, except such separate customs territories as it shall notify to the Executive Secretary to the CONTRACTING PARTIES at the time of its own acceptance.

  (b) Any government, which has so notified the Executive Secretary under the exceptions in subparagraph (a) of this paragraph, may at any time give notice to the Executive Secretary that its acceptance shall be effective in respect of any separate customs territory or territories so excepted and such notice shall take effect on the thirtieth day following the day on which it is received by the Executive Secretary.

  (c) If any of the customs territories, in respect of which a contracting party has accepted this Agreement, possesses or acquires full autonomy in the conduct of its external commercial relations and of the other matters provided for in this Agreement, such territory shall, upon sponsorship through a declaration by the responsible contracting party establishing the above-mentioned fact, be deemed to be a contracting party.

  5.(甲)凡接受本协定的政府,应代表本国领土及其负有国际责任的其他领土而接受本协定;如有某些单独关税领土不由它来代表,应在接受本协定时通知缔约国全体执行秘书长。

  (乙)任何政府,经按本款(甲)项的例外规定通知执行秘书长后,可以随时通知执行秘书长:它的对本协定的接受,应对前作为例外的单独关税领土有效,但这项通知应自执行秘书长接到通知之日后第30日起生效。

  (丙)原由某缔约国代为接受本协定的任何关税领土,如现在在处理对外贸易关系和本协定规定的其他事务方面享有或取得完全自主权,这一领土经负责的缔约国发表声明证实上述事实后,应视为本协定的一个缔约国。

  6. This Agreement shall enter into force, as among the governments which have accepted it, on the thirtieth day following the day on which instruments of acceptance have been deposited with Executive Secretary to the Contracting Parties on behalf of governments named in Annex H, the territories of which account for 85 per centum of the total external trade of the territories of such governments, computed in accordance with the applicable column of percentages set forth therein. The instrument of acceptance of each other government shall take effect on the thirtieth day following the day on which such instrument has been deposited.

  7. The United Nations is authorized to effect registration of this Agreement as soon as it enters into force.

  6.本协定附件八所列各国政府,以政府名义向缔约国全体执行秘书长交存接受证书后,如它们领土的对外贸易按附件八规定适用的百分比计算,达到附件所列各国政府的领土的全部对外贸易之85%时,本协定应自达到这项百分比之日后第30日起,在这些接受的各国政府之间开始生效。每一其他政府的接受证书,应自这一政府交存证书之日后第30日起生效。

  7.本协定一经生效,联合国应即予以登记。

  Article XXVII: Withholding or Withdrawal of Concessions 第二十七条 减让的停止或撤销

  Any contracting party shall at any time be free to withhold or to withdraw in whole or in part any concession, provided for in the appropriate Schedule annexed to this Agreement, in respect of which such contracting party determines that it was initially negotiated with a government which has not become, or has ceased to be, a contracting party. A contracting party taking such action shall notify the CONTRACTING PARTIES and, upon request, consult with contracting parties which have a substantial interest in the product concerned.

  如一缔约国确定与它谈判减让的另一国政府未成为协定的缔约国,或已中止为本协定的缔约国,则这一缔约国可以随时全部或部分地停止或撤销本协定有关减让表内规定的任何减让。缔约国在采取这项行动以前,应通知缔约国全体;如被要求,应与有关产品有实质利害关系的缔约国进行协商。

  Article XXVIII: Modification of Schedules 第二十八条 减让表的修改

  1. On the first day of each three-year period, the first period beginning on 1 January 1958 (or on the first day of any other period that may be specified by the CONTRACTING PARTIES by two-thirds of the votes cast) a contracting party (hereafter in this Article referred to as the “applicant contracting party”) may, by negotiation and agreement with any contracting party with which such concession was initially negotiated and with any other contracting party determined by the CONTRACTING PARTIES to have a principal supplying interest(which two preceding categories of contracting parties, together with the applicant contracting party, are in this Article hereinafter referred to as the “contracting parties primarily concerned”), and subject to consultation with any other contracting party determined by the CONTRACTING PARTIES to have a substantial interest in such concession, modify or withdraw a concession included in the appropriate schedule annexed to this Agreement.

  1.在每三年的第一天(第一期自1958年1月1日起),或缔约国全体以所投票数的2/3规定的任何其他期限的第一天,一缔约国(在本条内此后简称申请缔约国)经与原议定减让的另一缔约国和缔约国全体认为在供应上具有主要利害关系的其他缔约国(上述两类缔约国连同申请缔约国在本条内此后简称主要有关缔约各国)谈判取得协议,并须与缔约国全体认为在减让中有实质利害关系的其他缔约国进行协商的条件下,可以修改或撤销本协定有关减让表内所列的某项减让。

  2. In such negotiations and agreement, which may include provision for compensatory adjustment with respect to other products, the contracting parties concerned shall endeavour to maintain a general level of reciprocal and mutually advantageous concessions not less favourable to trade than that provided for in this Agreement prior to such negotiations.

  2.在上述谈判的协议中,(对其他产品所作的补偿性调整规定可能包括在内),有关缔约国应力求维持互惠互利减让的一般水平,使其对贸易的优待不低于谈判前本协定所规定的水平。

  3. (a) If agreement between the contracting parties primarily concerned cannot be reached before 1 January 1958 or before the expiration of a period envisaged in paragraph 1 of this Article, the contracting party which proposes to modify or withdraw the concession shall, nevertheless, be free to do so and if such action is taken any contracting party with which such concession was initially negotiated, any contracting party determined under paragraph 1 to have a principal supplying interest and any contracting party determined under paragraph 1 to have a substantial interest shall then be free not later than six months after such action is taken, to withdraw, upon the expiration of thirty days from the day on which written notice of such withdrawal is received by the CONTRACTING PARTIES, substantially equivalent concessions initially negotiated with the applicant contracting party.

  3.(甲)如在主要有关缔约各国之间,不能在1958年1月1日或在本条第一款所规定的期限届满以前达成协议时,原拟修改或撤销减让的缔约国仍然可以随时采取行动,而且,如已采取这一行动,这原来与它谈判减让的缔约国和按照本条第一款认为在供应上具有主要利害关系的缔约国以及按照第一款认为有实质利害关系的缔约国,可以有权在不迟于行动采取以后的六个月内,自缔约国全体接到撤销的书面通知书之日起届满30日后,撤销大体上相当于原来与申请缔约国所议定的减让。

  (b) If agreement between the contracting parties primarily concerned is reached but any other contracting party determined under paragraph 1 of this Article to have a substantial interest is not satisfied, such other contracting party shall be free, not later than six months after action under such agreement is taken, to withdraw, upon the expiration of thirty days from the day on which written notice of such withdrawal is received by the CONTRACTING PARTIES, substantially equivalent concessions initially negotiated with the applicant contracting party.

  (乙)如主要有关缔约各国之间已达成协议,但按照本条第一款认为有实质利害关系的其他缔约国不能认为满意时,则这一其他缔约国在不迟于按照这项协议采取行动以后的六个月内,自缔约国全体接到撤销的书面通知书之日起届满30日以后,应可以撤销大体上相当于原来与申请缔约国所议定的减让。

  4. The CONTRACTING PARTIES may, at any time, in special circumstances, authorize a contracting party to enter into negotiations for modification or withdrawal of a concession included in the appropriate Schedule annexed to this Agreement subject to the following procedures and conditions:

  (a) Such negotiations and any related consultations shall be conducted in accordance with the provisions of paragraph 1 and 2 of this Article.

  (b) If agreement between the contracting parties primarily concerned is reached in the negotiations, the provisions of paragraph 3 (b) of this Article shall apply.

  (c) If agreement between the contracting parties primarily concerned is not reached within a period of sixty days after negotiations have been authorized, or within such longer period as the CONTRACTING PARTIES may have prescribed, the applicant contracting party may refer the matter to the CONTRACTING PARTIES.

  4.缔约国全体可以随时因特殊情况准许某缔约国进行谈判,以修改或撤销本协定有关减让表内所列的某项减让,但应在下列程序和条件下进行:

  (甲)这一谈判和其他有关协商,应按本条第一款和第二款的规定进行。

  (乙)如主要有关缔约各国之间在谈判中达成协议,本条第三款规定应予适用。

  (丙)如主要有关缔约各国之间不能在批准的谈判开始后六十天内或缔约国全体规定的更长期间内达成协议,这一申请缔约国可将问题提交缔约国全体处理。

  (d) Upon such reference, the CONTRACTING PARTIES shall promptly examine the matter and submit their views to the contracting parties primarily concerned with the aim of achieving a settlement. If a settlement is reached, the provisions of paragraph 3 (b) shall apply as if agreement between the contracting parties primarily concerned had been reached. If no settlement is reached between the contracting parties primarily concerned, the applicant contracting party shall be free to modify or withdraw the concession, unless the CONTRACTING PARTIES determine that the applicant contracting party has unreasonably failed to offer adequate compensation. If such action is taken, any contracting party with which the concession was initially negotiated, any contracting party determined under paragraph 4 (a) to have a principal supplying interest and any contracting party determined under paragraph 4 (a) to have a substantial interest, shall be free, not later than six months after such action is taken, to modify or withdraw, upon the expiration of thirty days from the day on which written notice of such withdrawal is received by the CONTRACTING PARTIES, substantially equivalent concessions initially negotiated with applicant contracting party.

  (丁)问题提交缔约国全体后,缔约国全体应迅速对此进行调查,并应向主要有关缔约各国提出意见,谋求解决办法。如能获得解决办法,应如在主要有关缔约各国之间达成协议一样,适用本条第三款(乙)项的规定。如在主要规定缔约各国之间不能获得解决办法,除了缔约国全体决定申请缔约国不提供适当补偿是不合理的以外,申请缔约国应有权修改或撤销减让。如果采取这一行动,则原与它谈判减让的缔约国以及按照本条第四款(甲)项认为在供应上具有主要利害关系的缔约国和按照第四款(甲)项认为有实质利害关系的其他缔约国,应有权在不迟于行动采取以后的六个月内,自缔约国全体接到撤销的书面通知书之日起届满30日后,修正或撤销大体相当于原来与申请缔约国所议定的减让。

  5. Before 1 January 1958 and before the end of any period envisaged in paragraph 1 a contracting party may elect by notifying the CONTRACTING PARTIES to reserve the right, for the duration of the next period, to modify the appropriate Schedule in accordance with the procedures of paragraph 1 to 3. If a contracting party so elects, other contracting parties shall have the right, during the same period, to modify or withdraw, in accordance with the same procedures, concessions initially negotiated with that contracting party.

  5.1958年1月1日以前和本条第一款规定的其他期间结束以前,缔约国可以采取通知缔约国全体的方式,保留在下一期内按照本条第一款至第三款的程序对有关减让表进行修改的权利。如一缔约国作此选择,则其他缔约国应有权在同一时期内,按照同样的程序修改或撤销原与这一缔约国议定的减让。

  Article XXVIII bis: Tariff Negotiations 第二十八条 附加关税谈判

  1. The contracting parties recognize that customs duties often constitute serious obstacles to trade; thus negotiations on a reciprocal and mutually advantageous basis, directed to the substantial reduction of the general level of tariffs and other charges on imports and exports and in particular to the reduction of such high tariffs as discourage the importation even of minimum quantities, and conducted with due regard to the objectives of this Agreement and the varying needs of individual contracting parties, are of great importance to the expansion of international trade. The CONTRACTING PARTIES may therefore sponsor such negotiations from time to time.

  1.缔约各国认为,关税时常成为进行贸易的严重障碍;因此,在互惠互利基础上进行谈判,以大幅度降低关税和进出口其他费用的一般水平,特别是降低那些使少量进口都受到阻碍的高关税,并在谈判中适当注意本协定的目的与缔约各国的不同需要,这对发展国际贸易是非常重要的。为此,缔约国全体可以不时主持这项谈判。

  2. (a) Negotiations under this Article may be carried out on a selective product-by-product basis or by the application of such multilateral procedures as may be accepted by the contracting parties concerned. Such negotiations may be directed towards the reduction of duties, the binding of duties at then existing levels or undertakings that individual duties or the average duties on specified categories of products shall not exceed specified levels. The binding against increase of low duties or of duty-free treatment shall, in principle, be recognized as a concession equivalent in value to the reduction of high duties.

  (b) The contracting parties recognize that in general the success of multilateral negotiations would depend on the participation of all contracting parties which conduct a substantial proportion of their external trade with one another.

  2.(甲)本条规定的谈判,可以在有选择的产品对产品的基础上进行,或者通过实施有关缔约国所接受的多边程序来进行。谈判可以使关税降低,把关税固定在现有水平,或对单项关税或某几种产品的平均关税承担义务不超过规定水平。低关税或免税待遇承担义务不再增加,在原则上应视为一种与高关税的降低价值相等的减让。

  (乙)缔约各国认为,多边谈判的成功,一般来说依赖于相互之间有相当大的比例的对外贸易的所有缔约国参加。

  3. Negotiations shall be conducted on a basis which affords adequate opportunity to take into account:

  (a) the needs of individual contracting parties and individual industries;

  (b) the needs of less-developed countries for a more flexible use of tariff protection to assist their economic development and the special needs of these countries to maintain tariffs for revenue purposes; and

  (c) all other relevant circumstances, including the fiscal,developmental, strategic and other needs of the contracting parties concerned.

  3.谈判时应适当考虑:

  (甲)某些缔约国和某些工业的需要;

  (乙)发展中国家为了有助于经济的发展灵活运用关税保护的需要,以及为了财政收入维持关税的特别需要;以及

  (丙)其他有关情况,包括有关缔约各国在财政上、发展上、战略上和其他方面的需要 。

  Article XXIX: The Relation of this Agreement to the Havana Charter

  第二十九条 本协定与哈瓦那宪章的关系

  1. The contracting parties undertake to observe to the fullest extent of their executive authority the general principles of Chapters I to VI inclusive and of Chapter IX of the Havana Charter pending their acceptance of it in accordance with their constitutional procedures.

  2. Part II of this Agreement shall be suspended on the day on which the Havana Charter enters into force.

  3. If by September 30, 1949, the Havana Charter has not entered into force, the contracting parties shall meet before December 31, 1949, to agree whether this Agreement shall be amended, supplemented or maintained.

  1.缔约各国在按照各自的宪法程序接受哈瓦那宪章以前,应承担义务在其行政权力所及的范围内尽量遵守哈瓦那宪章第一章至第六章以及第九章的一般原则。

  2.本协定第二部分的各项规定,应在哈瓦那宪章生效之日起停止生效。

  3.如至1949年9月30日哈瓦那宪章尚未生效,缔约各国应于1949年12月31日以前集会,以商定是否需要对本协定加以修正、补充或维持。

  4. If at any time the Havana Charter should cease to be in force, the CONTRACTING PARTIES shall meet as soon as practicable thereafter to agree whether this Agreement shall be supplemented, amended or maintained. Pending such agreement, Part II of this Agreement shall again enter into force; Provided that the provisions of Part II other than Article XXIII shall be replaced, mutatis mutandis, in the form in which they then appeared in the Havana Charter; and Provided further that no contracting party shall be bound by any provisions which did not bind it at the time when the Havana Charter ceased to be in force.

  4.不论何时如哈瓦那宪章停止生效,缔约各国应尽速集会以商定是否需要对本协定加以补充、修正或维持。在取得协议以前,本协定第二部分各项规定应重新有效。但是,第二部分的各条规定,除第二十三条以外,应基本上以当时已作了修改的哈瓦那宪章所规定的内容代替;而且,凡缔约国在哈瓦那宪章停止生效时对某项规定没有承担义务的,应对这项规定不承担义务。

  5. If any contracting party has not accepted the Havana Charter by the date upon which it enters into force, the CONTRACTING PARTIES shall confer to agree whether, and if so in what way, this Agreement in so far as it affects relations between such contracting party and other contracting parties, shall be supplemented or amended. Pending such agreement the provisions of Part II of this Agreement shall, notwithstanding the provisions of paragraph 2 of this Article, continue to apply as between such contracting party and other contracting parties.

  6. Contracting parties which are Members of the International Trade Organization shall not invoke the provisions of this Agreement so as to prevent the operation of any provision of the Havana Charter. The application of the principle underlying this paragraph to any contracting party which is not a Member of the International Trade Organization shall be the subject of an agreement pursuant to paragraph 5 of this Article.

  5.如果某一缔约国在哈瓦那宪章已生效后仍未接受宪章,缔约国全体应即进行协商 就本协定影响的这一缔约国与其他缔约国之间的关系方面,商定是否需要对协定加以补充或修正以及如何补充修正。在达成协议以前,虽有本条第二款的规定,在不接受宪章的缔约国与其他缔约国之间,本协定第二部分的各项规定应继续实施。

  6.凡系国际贸易组织成员国的各缔约国,不应引用本协定的规定来阻止哈瓦那宪章各项规定的运用。对不是国际贸易组织成员的缔约国实施本款所包含的原则,应是本条第五款的协商的一个项目。

  Article XXX: Amendments 第三十条 本协定的修正

  1. Except where provision for modification is made elsewhere in this Agreement, amendments to the provisions of Part I of this Agreement or the provisions of Article XXIX or of this Article shall become effective upon acceptance by all the contracting parties, and other amendments to this Agreement shall become effective, in respect of those contracting parties which accept them, upon acceptance by two-thirds of the contracting parties and thereafter for each other contracting party upon acceptance by it.

  1.除本协定其他部分另有规定者外,本协定第一部分或第二十九条或本条的修正,应于所有缔约国接受后生效:本协定其他条款的修正,应于2/3以上缔约国接受后在这些已接受的各缔约国之间生效,而以后每一其他缔约国,则于这一其他缔约国接受这项修正时生效。

  2. Any contracting party accepting an amendment to this Agreement shall deposit an instrument of acceptance with the Secretary-General of the United Nations within such period as the CONTRACTING PARTIES may specify. The CONTRACTING PARTIES may decide that any amendment made effective under this Article is of such a nature that any contracting party which has not accepted it within a period specified by the CONTRACTING PARTIES shall be free to withdraw from this Agreement, or to remain a contracting party with the consent of the CONTRACTING PARTIES.

  2.凡接受本协定某项修正的任何缔约国,应于缔约国全体指定期间内将接受证书送交联合国秘书长存放。缔约国全体可以决定,按本条生效的某项修正应具有这样的性质:缔约国在缔约国全体的指定期内未接受这项修正的,可以退出本协定,或经缔约国全体同意仍继续作为本协定的缔约国。

  Article XXXI: Withdrawal 第三十一条 本协定的退出

  Without prejudice to the provisions of paragraph 12 of Article XVIII, of Article XXIII or of paragraph 2 of Article XXX, any contracting party may withdraw from this Agreement, or may separately withdraw on behalf of any of the separate customs territories for which it has international responsibility and which at the time possesses full autonomy in the conduct of its external commercial relations and of the other matters provided for in this Agreement. The withdrawal shall take effect upon the expiration of six months from the day on which written notice of withdrawal is received by the Secretary-General of the United Nations.

  在不损害本协定第十八条第十二款或第二十三条或第三十条第二款的规定的条件下,任何缔约国可以退出本协定,或单独代表其负有国际责任而在对外贸易关系和本协定规定的其他事务的处理方面当时享有完全自主权的任何单独关税领土退出本协定。这项退出应于联合国秘书长接到退出通知书之日起六个月后生效。

  Article XXXII: Contracting Parties 第三十二条 缔约国

  1. The contracting parties to this Agreement shall be understood to mean those governments which are applying the provisions of this Agreement under Articles XXVI or XXXIII or pursuant to the Protocol of Provisional Application.

  2. At any time after the entry into force of this Agreement pursuant to paragraph 6 of Article XXVI, those contracting parties which have accepted this Agreement pursuant to paragraph 4 of Article XXVI may decide that any contracting party which has not so accepted it shall cease to be a contracting party.

  1.本协定的缔约国应理解为依照本协定第二十六条或第三十三条或《临时实施议定书》实施本协定各项规定的各国政府。

  2.本协定按照第二十六条第六款生效后,按照本协定第二十六条第四款接受本协定的缔约各国,可以做出决定停止未接受本协定的缔约国为缔约国。

  Article XXXIII: Accession 第三十三条 本协定的加入

  A government not party to this Agreement, or a government acting on behalf of a separate customs territory possessing full autonomy in the conduct of its external commercial relations and of the other matters provided for in this Agreement, may accede to this Agreement, on its own behalf or on behalf of that territory, on terms to be agreed between such government and the CONTRACTING PARTIES. Decisions of the CONTRACTING PARTIES under this paragraph shall be taken by a two-thirds majority.

  不属于本协定缔约国的政府,或代表某个在对外贸易关系和本协定所规定的其他事物的处理方面享有完全自主权的单独关税领土的政府,可以在这一政府与缔约国全体所议定的条件下,代表它本身或代表这一领土加入本协定。缔约国全体按本款规定作出决定时,应由2/3的多数通过。

  Article XXXIV: Annexes 第三十四条 附件

  The annexes to this Agreement are hereby made an integral part of this Agreement.

  本协定的附件,应为本协定的组成部分。

  Article XXXV: Non-application of the Agreement between Particular Contracting Parties

  第三十五条 在特定的缔约国之间不适用本协定

  1. This Agreement, or alternatively Article II of this Agreement, shall not apply as between any contracting party and any other contracting party if:

  (a) the two contracting parties have not entered into tariff negotiations with each other, and

  (b) either of the contracting parties, at the time either becomes a contracting party, does not consent to such application.

  1.如果:

  (甲)两个缔约国没有进行关税谈判,和

  (乙)缔约国的任何一方在另一方成为缔约国时不同意对它实施本协定。

  本协定或本协定第二条在这两缔约国之间应不适用。

  2. The CONTRACTING PARTIES may review the operation of this Article in particular cases at the request of any contracting party and make appropriate recommendations.

  2.经任何缔约国提出请求,缔约国全体可以检查在特定情况下本条规定的执行情况,并提出适当建议。

  Part IV: Trade and Development第四部分 贸易和发展

  Article XXXVI: Principles and Objectives 第三十六条 原则和目的

  1.The contracting parties,缔约国,

  (a) recalling that the basic objectives of this Agreement include the raising of standards of living and the progressive development of the economies of all contracting parties, and considering that the attainment of these objectives is particularly urgent for less-developed contracting parties;

  (b) considering that export earnings of the less-developed contracting parties can play a vital part in their economic development and that the extent of this contribution depends on the prices paid by the less-developed contracting parties for essential imports, the volume of their exports, and the prices received for these exports;

  (c) noting, that there is a wide gap between standards of living in less-developed countries and in other countries;

  (甲)忆及本协定的基本目的包括提高所有缔约国的生活水平和不断发展所有缔约国的经济,并考虑这些目的的实现,对发展中的缔约各国是特别迫切的;

  (乙)考虑到发展中的缔约各国的出口收入,在其经济发展中可起重要作用,并考虑到这种贡献的大小,取决于发展中的缔约各国对进口必需品所付的价格,它们的出口商品数量以及这些出口商品所能取得的价格;

  (丙)注意到发展中国家和其他国家之间的生活水平有一个很大的差距;

  (d) recognizing that individual and joint action is essential to further the development of the economies of less-developed contracting parties and to bring about a rapid advance in the standards of living in these countries;

  (e) recognizing that international trade as a means of achieving economic and social advancement should be governed by such rules and procedures — and measures in conformity with such rules and procedures — as are consistent with the objectives set forth in this Article;

  (f) noting that the CONTRACTING PARTIES may enable less-developed contracting parties to use special measures to promote their trade and development;

  agree as follows.

  (丁)认为单独和联合行动对促进发展中的各缔约国的经济发展,并使这些国家的生活水平得到迅速提高是必要的;

  (戊)认为作为取得经济和社会发展的手段的国际贸易,应当按与本条规定的目的相符的规则与程序以及符合这些规则程序的措施加以管理;

  (己)注意到缔约国全体能使发展中的缔约各国采用特别措施,以促进它们的贸易和发展;

  议定如下条款

  2. There is need for a rapid and sustained expansion of the export earnings of the less-developed contracting parties.

  3. There is need for positive efforts designed to ensure that less-developed contracting parties secure a share in the growth in international trade commensurate with the needs of their economic development.

  2.发展中的缔约各国须要迅速和持续地发展其出口收入。

  3.有必要做出积极努力,以保证发展中的缔约各国在国际贸易中能占有与它们经济发展需要相适应的份额。

  4. Given the continued dependence of many less-developed contracting parties on the exportation of a limited range of primary products, there is need to provide in the largest possible measure more favourable and acceptable conditions of access to world markets for these products, and wherever appropriate to devise measures designed to stabilize and improve conditions of world markets in these products, including in particular measures designed to attain stable, equitable and remunerative prices, thus permitting an expansion of world trade and demand and a dynamic and steady growth of the real export earnings of these countries so as to provide them with expanding resources for their economic development.

  5. The rapid expansion of the economies of the less-developed contracting parties will be facilitated by a diversification of the structure of their economies and the avoidance of an excessive dependence on the export of primary products. There is, therefore, need for increased access in the largest possible measure to markets under favourable conditions for processed and manufactured products currently or potentially of particular export interest to less-developed contracting parties.

  6. Because of the chronic deficiency in the export proceeds and other foreign exchange earnings of less-developed contracting parties, there are important inter-relationships between trade and financial assistance to development. There is, therefore, need for close and continuing collaboration between the CONTRACTING PARTIES and the international lending agencies so that they can contribute most effectively to alleviating the burdens these less-developed contracting parties assume in the interest of their economic development.

  4.由于许多发展中的缔约国长期依靠某些有限初级产品的出口,因此,要尽最大可能对这些产品进入世界市场提供更为有利和满意的条件,而且,在认为适当时,要拟定措施以稳定和改善这些产品在世界市场的状况,特别是拟定一些旨在达到稳定、公平和有利价格的措施,使世界贸易和需要有所发展,使这些国家出口的实际收入有一个不停顿的和稳定的增长,为它们的经济发展提供更多的资源。

  5.经济结构的多样化和避免过份依赖于初级产品的出口,将有利于发展中的缔约各国的经济的迅速发展。因此,对与发展中的缔约各国目前或潜在的出口利益特别有关的某些加工品或制成品,要在有利条件下,尽最大可能增加其进入市场的机会。

  6.由于发展中的缔约各国的出口收入和其他外汇收入长期缺乏,贸易和财政援助对于发展有着重要的相互联系。因此,在缔约国全体和国际信贷机构之间需要紧密和持久合作,这样可以作出最有效的贡献,以减轻发展中的缔约各国在发展经济中的负担。

  7. There is need for appropriate collaboration between the CONTRACTING PARTIES, otherintergovernmental bodies and the organs and agencies of the United Nations system, whose activities relate to the trade and economic development of less-developed countries.

  8. The developed contracting parties do not expect reciprocity for commitments made by them in trade negotiations to reduce or remove tariffs and other barriers to the trade of less-developed contracting parties.

  9. The adoption of measures to give effect to these principles and objectives shall be a matter of conscious and purposeful effort on the part of the contracting parties both individually and jointly.

  7.缔约国全体同与发展中国家的贸易和经济发展有关的其他国际团体和联合国的附属机构之间,须要适当合作。

  8.发达的缔约各国对它们在贸易谈判中对发展中的缔约各国的贸易所承诺的减少或撤除关税和其他壁垒的义务,不能希望得到互惠。

  9.缔约各国应单独和联合作出自觉和有目的的努力,为实现这些原则和目的而采取措施。

  Article XXXVII: Commitments 第三十七条 承诺的义务

  1. The developed contracting parties尽可能实施以下条款:

  shall to the fullest extent possible — that is, except when compelling reasons, which may include legal reasons, make it impossible — give effect to the following provisions:

  (a) accord high priority to the reduction and elimination of barriers to products currently or potentially of particular export interest to less-developed contracting parties, including customs duties and other restrictions which differentiate unreasonably between such products in their primary and in their processed forms;

  (b) refrain from introducing, or increasing the incidence of, customs duties or non-tariff import barriers on products currently or potentially of particular export interest to less-developed contracting parties; and

  1.发达的缔约各国棗除因被迫原因(也可能包括法律的原因)不能实施外应尽可能实施以下条款:

  (甲)优先降低和撤除与发展中的缔约各国目前或潜在的出口利益特别有关的产品的壁垒,包括其初级产品和加工产品之间的不合理的差别关税和其他限制;

  (乙)对与发展中的缔约各国目前或潜在的出口利益特别有关的产品,不建立新的关税或非关税进口壁垒,或加强已有的这些壁垒;以及

  (c) (i) refrain from imposing new fiscal measures, and

  (ii) in any adjustments of fiscal policy accord high priority to the reduction and elimination of fiscal measures, which would hamper, or which hamper, significantly the growth of consumption of primary products, in raw or processed form, wholly or mainly produced in the territories of less-developed contracting parties, and which are applied specifically to those products.

  (丙)(1)不实施新的财政措施,和

  (2)在调整财政政策时,优先放宽和撤除财政措施,

  如果这些财政措施会阻碍或已阻碍那些完全或主要来自发展中的缔约各国领土的未加工或已加工的初级产品的消费的显著增长,并且系针对这些产品而实施的。

  2. (a) Whenever it is considered that effect is not being given to any of the provisions of subparagraph (a), (b) or (c) of paragraph 1, the matter shall be reported to the CONTRACTING PARTIES either by the contracting party not so giving effect to the relevant provisions or by any other interested contracting party.

  (b) (i) The CONTRACTING PARTIES shall, if requested so to do by any interested contracting party, and without prejudice to any bilateral consultations that may be undertaken, consult with the contracting party concerned and all interested contracting parties with respect to the matter with a view to reaching solutions satisfactory to all contracting parties concerned in order to further the objectives set forth in Article XXXVI. In the course of these consultations, the reasons given in cases where effect was not being given to the provisions of subparagraph (a), (b) or (c) of paragraph 1 shall be examined.

  (ii) As the implementation of the provisions of subparagraph (a), (b) or (c) of paragraph 1 by individual contracting parties may in some cases be more readily achieved where action is taken jointly with other developed contracting parties, such consultation might, where appropriate, be directed towards this end.

  (iii) The consultations by the CONTRACTING PARTIES might also, in appropriate cases, be directed towards agreement on joint action designed to further the objectives of this Agreement as envisaged in paragraph 1 of Article XXV.

  2.(甲)如认为本条第一款(甲)、(乙)或(丙)项中的任何一项规定没有付诸实施,没有实施有关规定的缔约国或其他有关缔约国应向缔约国全体报告这个问题。

  (乙)(1)经某一有利害关系的缔约国提出要求,并对可能进行的双边协商不造成任何损害的情况下,缔约国全体应就这个问题与有关缔约国以及有利害关系的所有缔约国进行协商,设法达成使所有有关缔约国满意的解决办法,以便促进实现本协定第三十六条的目的。在协商过程中,应当检查不能实施第一款(甲)、(乙)或(丙)项所列举的理由。

  (2)鉴于在某些情况下某缔约国与其他发达的缔约国采取联合行动可能更容易实施本条第一款(甲)、(乙)或(丙)项的规定,因此,如认为适当,可以为此而进行协商。

  (3)缔约国全体在适当情况下,也可以协商采取第二十五条第一款规定的旨在促进实现本协定的目的的联合行动。

  3. The developed contracting parties shall: 3.发达的缔约各国应当:

  (a) make every effort, in cases where a government directly or indirectly determines the resale price of products wholly or mainly produced in the territories of less-developed contracting parties, to maintain trade margins at equitable levels;

  (b) give active consideration to the adoption of other measures designed to provide greater scope for the development of imports from less-developed contracting parties and collaborate in appropriate international action to this end;

  (c) have special regard to the trade interests of less-developed contracting parties when considering the application of other measures permitted under this Agreement to meet particular problems and explore all possibilities of constructive remedies before applying such measures where they would affect essential interests of those contracting parties.

  (甲)在由政府直接或间接决定产品的转售价格的情况下,对完全或主要来自发展中缔约各国领土的产品,尽力将贸易利润维持在公平的水平;

  (乙)积极考虑采取其他措施,为扩大从发展中的缔约各国进口提供更大的范围,并为此在有关的国际活动中予以合作;

  (丙)在考虑采取本协定所许可的其他措施以解决某项特殊问题时,特别注意发展中的缔约各国的贸易利益;而且,如采取的措施将影响发展中的缔约各国的根本利益时,在实施这些以前,应研究一切可能的积极纠正办法。

  4. Less-developed contracting parties agree to take appropriate action in implementation of the provisions of Part IV for the benefit of the trade of other less-developed contracting parties, in so far as such action is consistent with their individual present and future development, financial and trade needs taking into account past trade developments as well as the trade interests of less-developed contracting parties as a whole.

  5. In the implementation of the commitments set forth in paragraph 1 to 4 each contracting party shall afford to any other interested contracting party or contracting parties full and prompt opportunity for consultations under the normal procedures of this Agreement with respect to any matter or difficulty which may arise.

  4.发展中的缔约国同意采取适当措施,为其他发展中的缔约国的贸易利益来贯彻实施本协定第四部分的各项规定,但所采取的措施,应符合它们各自目前和将来的发展、财政和贸易需要,过去的贸易发展及整个发展中的缔约国的贸易利益应考虑在内。

  5.在履行本条第一款至第四款所承诺的义务时,每一缔约国应对另一有关缔约国或其他有关各缔约国给予充分和即时的机会,以便对可能发生的任何问题和困难,按照本协定正常的程序进行协商。

  Article XXXVIII: Joint Action 第三十八条 联合行动

  1. The contracting parties shall collaborate jointly, with the framework of this Agreement and elsewhere, as appropriate, to further the objectives set forth in Article XXXVI.

  1.缔约各国应在本协定规定的范围内和在其他适当情况下共同合作,以促进实现本协定的第三十六条的目的。

  2. In particular, the CONTRACTING PARTIES shall: 2.缔约国全体特别应当:

  (a) where appropriate, take action, including action through international arrangements, to provide improved and acceptable conditions of access to world markets for primary products of particular interest to less-developed contracting parties and to devise measures designed to stabilize and improve conditions of world markets in these products including measures designed to attain stable, equitable and remunerative prices for exports of such products;

  (b) seek appropriate collaboration in matters of trade and development policy with the United Nations and its organs and agencies, including any institutions that may be created on the basis of recommendations by the United Nations Conference on Trade and Development;

  (甲)在适当的情况下,采取措施,包括通过国际安排,为发展中的缔约各国利益特别有关的初级产品进入世界市场,提供改进和满意的条件,并拟定旨在稳定和改善这些产品的世界市场状况的措施,包括为这些产品的出口获得稳定,公平和有利价格所采取的措施;

  (乙)在贸易与发展政策方面,同联合国及它的附属机构,包括根据联合国贸易和发展会议的建议而产生的任何机构,谋求适当合作;

  (c) collaborate in analysing the development plans and policies of individual less-developed contracting parties and in examining trade and aid relationships with a view to devising concrete measures to promote the development of export potential and to facilitate access to export markets for the products of the industries thus developed and, in this connection, seek appropriate collaboration with governments and international organizations, and in particular with organizations having competence in relation to financial assistance for economic development, in systematic studies of trade and aid relationships in individual less-developed contracting parties aimed at obtaining a clear analysis of export potential, market prospects and any further action that may be required;

  (丙)与发展中的缔约国一起共同分析它们的发展计划和政策,共同研究贸易和援助的关系,以便拟定具体措施,以促进出口潜力的发展和便利。因此发展起来的工业品的进入出口市场,并应在这方面同各国政府和各个国际组织,特别是同有关主管财政援助以发展经济的国际组织进行适当合作,系统研究各个发展中的缔约国的贸易和援助关系,以便对出口潜力、市场前景及任何需要进一步采取的措施,能有一个明确的分析;

  (d) keep under continuous review the development of world trade with special reference to the rate of growth of the trade of less-developed contracting parties and make such recommendations to contracting parties as may, in the circumstances, be deemed appropriate;

  (e) collaborate in seeking feasible methods to expand trade for the purpose of economic development, through international harmonization and adjustment of national policies and regulations, through technical and commercial standards affecting production, transportation and marketing, and through export promotion by the establishment of facilities for the increased flow of trade information and the development of market research; and

  (f) establish such institutional arrangements as may be necessary to further the objectives set forth in Article XXXVI and to give effect to the provision of this Part. Annex A: List of Territories

  (丁)从发展中缔约国的贸易增长率的角度,经常检查世界贸易的发展情况,并在必要时向各缔约国提供建议;

  (戊)通过国际性的协调和调整各国的政策和规章,通过影响生产、运输和销售的技术和商业标准,以及通过建立机构来便利交流贸易情报和发展市场调研的促进出口的措施,共同谋求开展贸易发展经济的可行办法;

  (己)建立某些必要的机构以促进实现本协定第三十六条所规定的目标和贯彻实施本协定第四部分的规定。

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