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Article 12 Of The Agreement On Agriculture

Apr 8th, 2021

The 1947 GATT initially applied to agriculture, but was incomplete, and the signatory states (or “contracting parties”) excluded this sector from the scope of the principles set out in the general agreement. During the period 1947-1994, members were allowed to use export subsidies for primary agricultural products and to impose import restrictions under certain conditions, so that major agricultural raw materials faced trade barriers in unusual proportions in other sectors. The road to a fair, market-oriented agricultural trade system has therefore been difficult and time-consuming; and the negotiations were finally concluded during the Uruguay Round. Agriculture has a special status in WTO agreements and trade agreements (signed in 1994 and entered into force on 1 January 1995), with the sector having a specific agreement, the agriculture agreement, whose provisions prevail. In addition, some provisions of the agreement on the application of plant protection measures (SPS) also concern agricultural production and trade. The same applies to the agreement on trade-related aspects of intellectual property rights (TRIPS) with respect to the protection of geographical denominations. In addition, the provisions of the agreement on agriculture are complemented by the Agreement on Technical Barriers to Trade (OTC) and by technical assistance mechanisms. 43 On the other hand, it should be noted that for FAO purposes, “agriculture” covers both fishing and forestry: see in general Young, MA, “Fragmentation or interaction: The WTO, Fisheries Subsidies, and International Law” (2009) 8 World Trade Review 477CrosRefGogleo ScholarPubMed. (a) the eligibility of these payments is determined by a loss of income that takes into account only farm incomes above 30% of average gross income or equivalent in net income (excluding payments made under the same plans or similar plans) in the previous three years or a three-year average over the previous five-year period, excluding the highest and lowest enrolment; Any manufacturer that fulfils this requirement can receive payments. The CAP is also affected by land concessions granted to several multilateral and bilateral agreements under several multilateral and bilateral agreements, as well as unilateral exemptions granted under the Generalized Preference System (GSP). These preferential agreements explain the high level of EU agricultural imports from developing countries (3.2.10, Table VI). Your email address is used to notify you if your comment has been verified by the moderator and the article author or moderator should contact you directly.

91 See z.B. UN High Level Task Force on the Global Food Security Crisis, Update of the Comprehensive Framework: September 2010 (United Nations 2010) 21-4Google Scholar; other ministerial statements, action plan on food and agriculture price volatility, meeting of G20 agriculture ministers, Paris, 22 and 23 June 2011 paragraph 13, seen on 7 May 2013. 62 European Communities – Customs classification of certain computer equipment (5 June 1998) WT/DS62/AB/R, WT/DS67/AB and WT/DS68/AB/R, para. 84 (repeatedly in the context of agricultural trade in Canada- Dairy import and export measures (October 13, 1999) WT/DS103/AB/R and WT/DS113/AB/R, point 131). On the other hand, the terms of the GATT cannot be used as a basis for dispute resolution procedures, but can be used for interpretive purposes: see p.B. European Communities-Export Subsidies on Sugar (15 October 2004) WT/DS265/R, paragraph 7.350 (where the panel states that “[GATT`s terms] are not a covered agreement and therefore cannot provide WTO rights and obligations to members.

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