| 日期： | 2022/03/31 |
|---|---|
| 作者： | WTO Secretariat |
| 文件編號： | G/SCM/W/546/Rev.13 |
| 附件下載： | GSCMW546R13.pdf |
| 因為版本問題，開啟附件時可能會出現錯誤訊息，如「檔案已損毀」的訊息，請您忽略此訊息，即可正常開啟 |
NOTIFICATION
provisions UNDER THE AGREEMENT
ON SUBSIDIES AND COUNTERVAILING MEASURES
Background Note by the Secretariat
Revision
TABLE OF CONTENTS
2 notification provisions in the scm
agreement
2.1.1 Notification of Subsidies under
Article 25
2.1.2 Notification of Countervailing
Measures
2.1.3 Notification of Competent
Authorities
2.1.4 Notification of Countervailing Duty
Legislation
2.2.1 Notification of Non-Actionable
Subsidies under Article 8.3
2.2.3 Notifications under the Transitional
Arrangements Set Out in Article 28.1(a)
2.2.4 Notifications under the Transitional
Arrangements Set Out in Article 29.3
3 notification of subsidies in the context
of wto accessions
1 introduction
1.
Pursuant to a
request of the Chairman of the Trade Policy Review Body, to discuss "ways
to improve the timeliness and completeness of notifications and other
information flows on trade measures" in the context of the Agreement on
Subsidies and Countervailing Measures ("the SCM Agreement"), the
Committee on Subsidies and Countervailing Measures ("the Committee")
discussed this matter in several informal and regular meetings held since 2009.
Document G/SCM/W/546 dated 28 April 2009 which contained information on the
notification obligations under the SCM Agreement and the level of compliance
with each of these obligations, was circulated as a background Note for the
Committee's discussions in this regard. In the course of the meetings held
since 2009, Members indicated that updating this document on a regular basis
would be useful for the Committee's future work on improving transparency in
notifications. This thirteenth revision
reflects developments since March 2021.
2 notification provisions in the scm agreement
2.
The notification
requirements of the SCM Agreement[1]
can be divided into regular notification requirements, which apply in principle
to all Members, and special notification requirements, which apply to Members
invoking particular provisions.
3.
With respect to
regular notification requirements, Part VII of the SCM Agreement
("Notification and Surveillance") contains requirements regarding the
notification of subsidies (Article 25.1), countervailing measures (Article
25.11) and competent authorities that conduct countervailing duty
investigations (Article 25.12). In addition, Article 32.6 in Part XI of the
SCM Agreement ("Final Provisions") requires notification of laws
and regulations relevant to the SCM Agreement.
4.
The SCM Agreement
contains special notification requirements regarding certain aspects of the
provisions of Article 27 on Special and Differential Treatment of Developing
Country Members. Special notification requirements also applied under
provisions, which are no longer applicable, on non-actionable subsidy
programmes (Article 8) and on transitional arrangements regarding existing
programmes (Article 28) and transformation into a market economy (Article 29).
2.1 Regular Notifications
2.1.1 Notification of Subsidies under Article 25
2.1.1.1 Articles 25.1-7
5. Article 25.1 of the SCM Agreement provides that, without prejudice
to the provisions of Article XVI:1 of the GATT 1994[2], Members shall make their subsidy notifications not later
than 30 June of each year.[3] Article 25.2 of the Agreement provides that
"Members shall notify any subsidy as defined in paragraph 1 of
Article 1, which is specific within the meaning of Article 2, granted
or maintained within their territories".[4]
6.
Article 25.3 of
the SCM Agreement contains certain requirements regarding the content of subsidy
notifications. Thus, "the content of notifications should be sufficiently
specific to enable other Members to evaluate the trade effects and to
understand the operation of notified subsidy programmes", and Members are
obligated to ensure that their subsidy notifications contain information on the
form, amount, policy objectives and/or purpose and duration of the subsidy and
statistical data permitting an assessment of the trade effects of the subsidy.
[1] The relevant provisions of the SCM Agreement are reproduced in
Annex A.
[2] Article XVI:1 of the GATT 1994 requires the notification of
subsidies, including any form of price or income support, which have an impact
on the exports or imports of the product benefiting from the subsidy.
[3] As explained below, based on a decision adopted by the Committee in
May 2001, Members submit subsidy notifications under Article 25.1 of the SCM
Agreement every second year. Infra, para. 12.
[4] Article 25.6 provides that a Member must also provide a nil
notification if it considers that there are no measures in its territory that
require notification. Article 25.7 recognizes that notification of a measure
under Article 25 is without prejudice to its legal status under the GATT 1994
and the SCM Agreement.
