Text
正文
The Governments of Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People's Democratic Republic ("Lao PDR"), Malaysia, the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, Member States of the Association of Southeast Asian Nations (collectively, "ASEAN" or "ASEAN Member States", or individually, "ASEAN Member State"), and the People's Republic of China ("China");
RECALLING the Framework Agreement on Comprehensive Economic Co-operation ("the Framework Agreement") between ASEAN and China (collectively, "the Parties", or individually referring to an ASEAN Member State or to China as a "Party") signed by the Heads of Government/State of ASEAN Member States and China in Phnom Penh, Cambodia on the 4th day of November 2002 and the Protocol to Amend the Framework Agreement on Comprehensive Economic Co-operation on the Early Harvest Programme signed by the Economic Ministers of the Parties in Bali, Indonesia on the 6th day of October 2003;
RECALLING further Articles 2(a), 3(1) and 8(1) of the Framework Agreement, which reflect the Parties' commitment to establish the ASEAN-China Free Trade Area (ACFTA) covering trade in goods by 2010 for ASEAN 6 and China and by 2015 for the newer ASEAN Member States;
REAFFIRMING the Parties' commitment to establish the ASEAN-China Free Trade Area within the specified timeframes, while allowing flexibility to the Parties to address their sensitive areas as provided in the Framework Agreement,
Have agreed as follows:
RECALLING the Framework Agreement on Comprehensive Economic Co-operation ("the Framework Agreement") between ASEAN and China (collectively, "the Parties", or individually referring to an ASEAN Member State or to China as a "Party") signed by the Heads of Government/State of ASEAN Member States and China in Phnom Penh, Cambodia on the 4th day of November 2002 and the Protocol to Amend the Framework Agreement on Comprehensive Economic Co-operation on the Early Harvest Programme signed by the Economic Ministers of the Parties in Bali, Indonesia on the 6th day of October 2003;
RECALLING further Articles 2(a), 3(1) and 8(1) of the Framework Agreement, which reflect the Parties' commitment to establish the ASEAN-China Free Trade Area (ACFTA) covering trade in goods by 2010 for ASEAN 6 and China and by 2015 for the newer ASEAN Member States;
REAFFIRMING the Parties' commitment to establish the ASEAN-China Free Trade Area within the specified timeframes, while allowing flexibility to the Parties to address their sensitive areas as provided in the Framework Agreement,
Have agreed as follows:
中華人民共和國政府(以下簡稱“中國”)與文萊達(dá)魯薩蘭國,柬埔寨王國,印度尼西亞共和國,老撾人民民主共和國,馬來西亞,緬甸聯(lián)邦,菲律賓共和國,新加坡共和國,泰王國和越南社會(huì)主義共和國等東南亞國家聯(lián)盟成員國政府(以下將其整體簡稱為“東盟”或“東盟各成員國”,單獨(dú)提及一國時(shí)簡稱“東盟成員國”);
憶及2002年11月4日在柬埔寨金邊由中國和東盟領(lǐng)導(dǎo)人簽署的《中國與東盟(以下將其整體簡稱為“各締約方”,單獨(dú)提及東盟一成員國或中國時(shí)簡稱為“一締約方”)全面經(jīng)濟(jì)合作框架協(xié)議》(以下簡稱《框架協(xié)議》)以及2003年10月6日在印度尼西亞巴厘由各締約方經(jīng)濟(jì)部長簽署的《關(guān)于修改<中國-東盟全面經(jīng)濟(jì)合作框架協(xié)議>的議定書》;
再次憶及《框架協(xié)議》的第二條(1),第三條(1)和第8條(1)款反映出的各締約方的承諾,即對(duì)于中國和東盟六國,將在2010年建成涵蓋貨物貿(mào)易的中國-東盟自貿(mào)區(qū),對(duì)于東盟新成員國,將在2015年建成自貿(mào)區(qū);
重申各締約方在規(guī)定的時(shí)間框架內(nèi)建立中國-東盟自貿(mào)區(qū)的承諾,同時(shí)允許各締約方按照《框架協(xié)議》規(guī)定,享有解決敏感領(lǐng)域問題的靈活性。達(dá)成協(xié)議如下:
ARTICLE 1 Definitions
For the purposes of this Agreement, the following definitions shall apply unless the context otherwise requires:
(a) "WTO" means the World Trade Organization;
(b) "the GATT 1994" means the General Agreement on Tariffs and Trade 1994, including Annex I (Notes and Supplementary Provisions);
(c) "ASEAN 6" refers to Brunei Darussalam, Indonesia, Malaysia, the Philippines, Singapore and Thailand;
(d) "newer ASEAN Member States" refers to Cambodia, Lao PDR, Myanmar and Viet Nam;
(e) "applied MFN tariff rates" shall include in-quota rates, and shall:
(i) in the case of ASEAN Member States (which are WTO members as of 1 July 2003) and China, refer to their respective applied rates as of 1 July 2003; and
(ii) in the case of ASEAN Member States (which are non-WTO members as of 1 July 2003), refer to the rates as applied to China as of 1 July 2003;
(f) "non-tariff measures" shall include non-tariff barriers;
(g) "AEM" means ASEAN Economic Ministers;
(h) "MOFCOM" means Ministry of Commerce of China;
(i) "SEOM" means ASEAN Senior Economic Officials Meeting.
For the purposes of this Agreement, the following definitions shall apply unless the context otherwise requires:
(a) "WTO" means the World Trade Organization;
(b) "the GATT 1994" means the General Agreement on Tariffs and Trade 1994, including Annex I (Notes and Supplementary Provisions);
(c) "ASEAN 6" refers to Brunei Darussalam, Indonesia, Malaysia, the Philippines, Singapore and Thailand;
(d) "newer ASEAN Member States" refers to Cambodia, Lao PDR, Myanmar and Viet Nam;
(e) "applied MFN tariff rates" shall include in-quota rates, and shall:
(i) in the case of ASEAN Member States (which are WTO members as of 1 July 2003) and China, refer to their respective applied rates as of 1 July 2003; and
(ii) in the case of ASEAN Member States (which are non-WTO members as of 1 July 2003), refer to the rates as applied to China as of 1 July 2003;
(f) "non-tariff measures" shall include non-tariff barriers;
(g) "AEM" means ASEAN Economic Ministers;
(h) "MOFCOM" means Ministry of Commerce of China;
(i) "SEOM" means ASEAN Senior Economic Officials Meeting.
就本協(xié)議而言,將適用下列定義,除非文中另有規(guī)定:
(一)“WTO”指世界貿(mào)易組織;
(二)“the GATT1994”指《1994年關(guān)稅與貿(mào)易總協(xié)定》,包括附件一(注釋和補(bǔ)充條款);
(三)“東盟六國”指文萊、印度尼西亞、馬來西亞、菲律賓、新加坡和泰國;
(四)“東盟新成員國”指柬埔寨、老撾人民民主共和國、緬甸和越南;
(五)“實(shí)施最惠國稅率”應(yīng)包括配額內(nèi)稅率,且1.對(duì)東盟成員國(2003年7月1日時(shí)為世界貿(mào)易組織成員)和中國,指其各自于2003年7月1日的實(shí)施稅率;以及
2.對(duì)東盟成員國(2003年7月1日時(shí)為非世界貿(mào)易組織成員),指其在2003年7月1日對(duì)中國產(chǎn)品實(shí)施的稅率;
(六)“非關(guān)稅措施”應(yīng)包括非關(guān)稅壁壘;
(七)“AEM”指東盟經(jīng)濟(jì)部長;
(八)“MOFCOM”指中華人民共和國商務(wù)部;
(九)“SEOM”指東盟經(jīng)濟(jì)高官會(huì)。
ARTICLE 2 National Treatment on Internal Taxation and Regulation
Each Party shall accord national treatment to the products of all the other Parties covered by this Agreement and the Framework Agreement in accordance with Article III of the GATT 1994. To this end, the provisions of Article III of the GATT 1994 shall, mutatis mutandis, be incorporated into and form an integral part of this Agreement.
Each Party shall accord national treatment to the products of all the other Parties covered by this Agreement and the Framework Agreement in accordance with Article III of the GATT 1994. To this end, the provisions of Article III of the GATT 1994 shall, mutatis mutandis, be incorporated into and form an integral part of this Agreement.
ARTICLE 3 Tariff Reduction and Elimination
1.The tariff reduction or elimination programme of the Parties shall require the applied MFN tariff rates on listed tariff lines to be gradually reduced and where applicable, eliminated, in accordance with this Article.
2.The tariff lines which are subject to the tariff reduction or elimination programme ubder this Agreement shall include all tariff lines not covered by the Early Harvest Programme under Article 6 of the Framework Agreement, and such tariff lines shall be categorised for tariff reduction and elimination as follows:
(a) Normal Track: Tariff lines placed in the Normal Track by each Party on its own accord shall have their respective applied MFN tariff rates gradually reduced and eliminated in accordance with the modalities set out in Annex 1 of this Agreement with the objective of achieving the targets prescribed in the thresholds therein.
(b) Sensitive Track: Tariff lines placed in the Sensitive Track by each Party on its own accord shall have their respective applied MFN tariff rates reduced or eliminated in accordance with the modalities set out in Annex 2 of this Agreement.
3.Subject to Annex 1 and Annex 2 of this Agreement, all commitments undertaken by each Party under this Article shall be applied to all the other Parties.
1.The tariff reduction or elimination programme of the Parties shall require the applied MFN tariff rates on listed tariff lines to be gradually reduced and where applicable, eliminated, in accordance with this Article.
2.The tariff lines which are subject to the tariff reduction or elimination programme ubder this Agreement shall include all tariff lines not covered by the Early Harvest Programme under Article 6 of the Framework Agreement, and such tariff lines shall be categorised for tariff reduction and elimination as follows:
(a) Normal Track: Tariff lines placed in the Normal Track by each Party on its own accord shall have their respective applied MFN tariff rates gradually reduced and eliminated in accordance with the modalities set out in Annex 1 of this Agreement with the objective of achieving the targets prescribed in the thresholds therein.
(b) Sensitive Track: Tariff lines placed in the Sensitive Track by each Party on its own accord shall have their respective applied MFN tariff rates reduced or eliminated in accordance with the modalities set out in Annex 2 of this Agreement.
3.Subject to Annex 1 and Annex 2 of this Agreement, all commitments undertaken by each Party under this Article shall be applied to all the other Parties.
一、各締約方的關(guān)稅削減或取消計(jì)劃應(yīng)要求逐步削減被列明稅目的實(shí)施最惠國稅率,并在適當(dāng)時(shí)依照本條予以取消。
二、依照本協(xié)議納入關(guān)稅削減或取消計(jì)劃的稅目應(yīng)包括所有未被《框架協(xié)議》第六條所列的早期收獲計(jì)劃涵蓋的稅目,這些稅目應(yīng)按如下規(guī)定進(jìn)行關(guān)稅削減和取消:
(一)正常類:一締約方自愿納入正常類的稅目應(yīng)依照本協(xié)議附件1中列明的模式逐步削減和取消各自的實(shí)施最惠國稅率,并應(yīng)實(shí)現(xiàn)模式中的降稅門檻所規(guī)定的目標(biāo)。
(二)敏感類:一締約方自愿納入敏感類的稅目應(yīng)依照本協(xié)議附件2中的模式削減或取消各自的實(shí)施最惠國稅率。
三、根據(jù)本協(xié)議附件1和附件2,各締約方按照本條履行的承諾應(yīng)適用于其它所有締約方。
ARTICLE 6 Modification of Concessions
1.Any Party to this Agreement may, by negotiation and agreement with any Party to which it has made a concession under this Agreement, modify or withdraw such concession made under this Agreement.
2. In such negotiations and agreement, which may include provision for compensatory adjustment with respect to other products, the Parties concerned shall 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 and agreement.
1.Any Party to this Agreement may, by negotiation and agreement with any Party to which it has made a concession under this Agreement, modify or withdraw such concession made under this Agreement.
2. In such negotiations and agreement, which may include provision for compensatory adjustment with respect to other products, the Parties concerned shall 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 and agreement.
ARTICLE 7 WTO Disciplines
1.Subject to the provisions of this Agreement and any future agreements as may be agreed pursuant to reviews of this Agreement by the Parties under Article 17 of this Agreement, the Parties[1] hereby agree and reaffirm their commitments to abide by the provisions of the WTO disciplines on, among others, non-tariff measures, technical barriers to trade, sanitary and phytosanitary measures, subsidies and countervailing measures, anti-dumping measures and intellectual property rights.
2.The provisions of the WTO Multilateral Agreements on Trade in Goods, which are not specifically mentioned in or modified by this Agreement, shall apply, mutatis mutandis, to this Agreement unless the context otherwise requires.
1.Subject to the provisions of this Agreement and any future agreements as may be agreed pursuant to reviews of this Agreement by the Parties under Article 17 of this Agreement, the Parties[1] hereby agree and reaffirm their commitments to abide by the provisions of the WTO disciplines on, among others, non-tariff measures, technical barriers to trade, sanitary and phytosanitary measures, subsidies and countervailing measures, anti-dumping measures and intellectual property rights.
2.The provisions of the WTO Multilateral Agreements on Trade in Goods, which are not specifically mentioned in or modified by this Agreement, shall apply, mutatis mutandis, to this Agreement unless the context otherwise requires.
一、根據(jù)本協(xié)議的條款和各締約方基于本協(xié)議第十七條對(duì)本協(xié)議進(jìn)行審議所可能達(dá)成的任何未來的協(xié)議,各締約方,由此同意并重申它們遵守WTO規(guī)則中有關(guān)條款的承諾,其中包括非關(guān)稅措施,技術(shù)貿(mào)易壁壘,衛(wèi)生和植物衛(wèi)生措施,補(bǔ)貼和反補(bǔ)貼措施,反傾銷措施和知識(shí)產(chǎn)權(quán)。非WTO成員的締約方應(yīng)根據(jù)它們加入WTO的承諾遵守WTO的條款。
二、在本協(xié)議中沒有被特別提及或修正的WTO貨物貿(mào)易多邊協(xié)定的條款,應(yīng)在必要修正后適用于本協(xié)議,除非文中另有要求。
ARTICLE 8 Quantitative Restrictions and Non-Tariff Barriers
1. Each Party undertakes not to maintain any quantitative restrictions at any time unless otherwise permitted under the WTO disciplines.[2]
2. The Parties shall identify non-tariff barriers (other than quantitative restrictions) for elimination as soon as possible after the entry into force of this Agreement. The time frame for elimination of these non-tariff barriers shall be mutually agreed upon by all Parties.
3. The Parties shall make information on their respective quantitative restrictions available and accessible upon implementation of this Agreement.
1. Each Party undertakes not to maintain any quantitative restrictions at any time unless otherwise permitted under the WTO disciplines.[2]
2. The Parties shall identify non-tariff barriers (other than quantitative restrictions) for elimination as soon as possible after the entry into force of this Agreement. The time frame for elimination of these non-tariff barriers shall be mutually agreed upon by all Parties.
3. The Parties shall make information on their respective quantitative restrictions available and accessible upon implementation of this Agreement.
一、除非WTO規(guī)則允許,各締約方不應(yīng)在任何時(shí)候保留任何數(shù)量限制措施。非WTO成員的締約方應(yīng)自本協(xié)議生效之日起3年后[越南:4年]或根據(jù)其加入WTO的承諾逐步取消其數(shù)量限制,以時(shí)間較早者為準(zhǔn)。
二、各締約方應(yīng)在本協(xié)議生效后盡快列明非關(guān)稅壁壘(數(shù)量限制除外)以逐步取消。取消這些非關(guān)稅壁壘的時(shí)間框架應(yīng)由各締約方共同商定。
三、各締約方在實(shí)施本協(xié)議時(shí)應(yīng)公布其數(shù)量限制的有關(guān)信息并使這些信息易于取得。
ARTICLE 9 Safeguard Measures
1.Each Party, which is a WTO member, retains its rights and obligations under Article XIX of the GATT 1994 and the WTO Agreement on Safeguards.
2.With regard to ACFTA safeguard measures, a Party shall have the right to initiate such a measure on a product within the transition period for that product. The transition period for a product shall begin from the date of entry into force of this Agreement and end five years from the date of completion of tariff elimination/reduction for that product.
3.A Party shall be free to take ACFTA safeguard measures if as an effect of the obligations incurred by that Party, including tariff concessions under the Early Harvest Programme of the Framework Agreement or this Agreement, or, if as a result of unforeseen developments and of the effects of the obligations incurred by that Party, including tariff concessions under the Early Harvest Programme of the Framework Agreement or this Agreement, imports of any particular product from the other Parties increase in such quantities, absolute or relative to domestic production, and under such conditions so as to cause or threaten to cause serious injury to the domestic industry of the importing Party that produces like or directly competitive products.
4.If an ACFTA safeguard measure is taken, a Party taking such a measure may increase the tariff rate applicable to the product concerned to the WTO MFN tariff rate applied to such product at the time when the measure is taken.
5.Any ACFTA safeguard measure may be maintained for an initial period of up to 3 years and may be extended for a period not exceeding 1 year. Notwithstanding the duration of an ACFTA safeguard measure on a product, such measure shall terminate at the end of the transition period for that product.
6. In applying ACFTA safeguard measures, the Parties shall adopt the rules for the application of safeguard measures as provided under the WTO Agreement on Safeguards, with the exception of the quantitative restriction measures set out in Article 5, and Articles 9, 13 and 14 of the WTO Agreement on Safeguards. As such, all other provisions of the WTO Agreement on Safeguards shall, mutatis mutandis, be incorporated into and form an integral part of this Agreement.
7.An ACFTA safeguard measure shall not be applied against a product originating in a Party, so long as its share of imports of the product concerned in the importing Party does not exceed 3% of the total imports from the Parties.
8. In seeking compensation under Article 8 of the WTO Agreement on Safeguards for an ACFTA safeguard measure, the Parties shall seek the good offices of the body referred to in paragraph 12 to determine the substantially equivalent level of concessions prior to any suspension of equivalent concessions. Any proceedings arising from such good offices shall be completed within 90 days from the date on which the ACFTA safeguard measure was applied.
9.On a Party's termination of an ACFTA safeguard measure on a product, the tariff rate for that product shall be the rate that, according to that Party's tariff reduction and elimination schedule, as provided in Annex 1 and Annex 2 of this Agreement, would have been in effect commencing on 1 January of the year in which the safeguard measure is terminated.
10.All official communications and documentations exchanged among the Parties and to the body referred to in paragraph 12 relating to any ACFTA safeguard measures shall be in writing and shall be in the English language.
11.When applying ACFTA safeguard measures, a Party shall not have simultaneous recourse to the WTO safeguard measures referred to in paragraph 1.
12.For the purpose of this Article, any reference to "Council for Trade in Goods" or the "Committee on Safeguards" in the incorporated provisions of the WTO Agreement on Safeguards shall, pending the establishment of a permanent body under paragraph 1 of Article 16, refer to the AEM-MOFCOM, or the SEOM-MOFCOM, as appropriate, which shall be replaced by the permanent body once it is established.
1.Each Party, which is a WTO member, retains its rights and obligations under Article XIX of the GATT 1994 and the WTO Agreement on Safeguards.
2.With regard to ACFTA safeguard measures, a Party shall have the right to initiate such a measure on a product within the transition period for that product. The transition period for a product shall begin from the date of entry into force of this Agreement and end five years from the date of completion of tariff elimination/reduction for that product.
3.A Party shall be free to take ACFTA safeguard measures if as an effect of the obligations incurred by that Party, including tariff concessions under the Early Harvest Programme of the Framework Agreement or this Agreement, or, if as a result of unforeseen developments and of the effects of the obligations incurred by that Party, including tariff concessions under the Early Harvest Programme of the Framework Agreement or this Agreement, imports of any particular product from the other Parties increase in such quantities, absolute or relative to domestic production, and under such conditions so as to cause or threaten to cause serious injury to the domestic industry of the importing Party that produces like or directly competitive products.
4.If an ACFTA safeguard measure is taken, a Party taking such a measure may increase the tariff rate applicable to the product concerned to the WTO MFN tariff rate applied to such product at the time when the measure is taken.
5.Any ACFTA safeguard measure may be maintained for an initial period of up to 3 years and may be extended for a period not exceeding 1 year. Notwithstanding the duration of an ACFTA safeguard measure on a product, such measure shall terminate at the end of the transition period for that product.
6. In applying ACFTA safeguard measures, the Parties shall adopt the rules for the application of safeguard measures as provided under the WTO Agreement on Safeguards, with the exception of the quantitative restriction measures set out in Article 5, and Articles 9, 13 and 14 of the WTO Agreement on Safeguards. As such, all other provisions of the WTO Agreement on Safeguards shall, mutatis mutandis, be incorporated into and form an integral part of this Agreement.
7.An ACFTA safeguard measure shall not be applied against a product originating in a Party, so long as its share of imports of the product concerned in the importing Party does not exceed 3% of the total imports from the Parties.
8. In seeking compensation under Article 8 of the WTO Agreement on Safeguards for an ACFTA safeguard measure, the Parties shall seek the good offices of the body referred to in paragraph 12 to determine the substantially equivalent level of concessions prior to any suspension of equivalent concessions. Any proceedings arising from such good offices shall be completed within 90 days from the date on which the ACFTA safeguard measure was applied.
9.On a Party's termination of an ACFTA safeguard measure on a product, the tariff rate for that product shall be the rate that, according to that Party's tariff reduction and elimination schedule, as provided in Annex 1 and Annex 2 of this Agreement, would have been in effect commencing on 1 January of the year in which the safeguard measure is terminated.
10.All official communications and documentations exchanged among the Parties and to the body referred to in paragraph 12 relating to any ACFTA safeguard measures shall be in writing and shall be in the English language.
11.When applying ACFTA safeguard measures, a Party shall not have simultaneous recourse to the WTO safeguard measures referred to in paragraph 1.
12.For the purpose of this Article, any reference to "Council for Trade in Goods" or the "Committee on Safeguards" in the incorporated provisions of the WTO Agreement on Safeguards shall, pending the establishment of a permanent body under paragraph 1 of Article 16, refer to the AEM-MOFCOM, or the SEOM-MOFCOM, as appropriate, which shall be replaced by the permanent body once it is established.
一、每一位WTO成員的締約方,保留其根據(jù)《1994年關(guān)稅與貿(mào)易總協(xié)定》第十九條及《WTO保障措施協(xié)定》所享有的權(quán)利及義務(wù)。
二、關(guān)于中國-東盟自貿(mào)區(qū)保障措施,一締約方有權(quán)在某一產(chǎn)品的過渡期內(nèi)針對(duì)該產(chǎn)品啟動(dòng)保障措施。上述過渡期始于本協(xié)議生效之日,終止于該產(chǎn)品完成關(guān)稅減讓或取消的五年之后。
三、如一締約方因履行其依據(jù)本協(xié)議或《框架協(xié)議》早期收獲計(jì)劃所承擔(dān)關(guān)稅減讓的義務(wù),或者,如因不可預(yù)見的情況和一締約方因履行其依據(jù)本協(xié)議或《框架協(xié)議》早期收獲計(jì)劃所承擔(dān)的義務(wù),導(dǎo)致其從其他締約方進(jìn)口的任何特定產(chǎn)品的數(shù)量有絕對(duì)的或相對(duì)于其國內(nèi)產(chǎn)量的增加,且此種情況已對(duì)進(jìn)口方生產(chǎn)類似或直接競爭產(chǎn)品的國內(nèi)產(chǎn)業(yè)造成嚴(yán)重?fù)p害或嚴(yán)重?fù)p害威脅,則該締約方有權(quán)采取中國-東盟自貿(mào)區(qū)保障措施。
四、一締約方采取中國-東盟自貿(mào)區(qū)保障措施后,可將所涉產(chǎn)品的適用稅率提高至保障措施采取時(shí)適用于該產(chǎn)品的WTO最惠國稅率。
五、中國-東盟自貿(mào)區(qū)保障措施的最初實(shí)施時(shí)間不應(yīng)超過三年,可最多延長一年。不論對(duì)某一產(chǎn)品的中國-東盟自貿(mào)區(qū)保障措施實(shí)施期限如何,該保障措施應(yīng)于該產(chǎn)品過渡期屆滿之日終止。
六、在實(shí)施中國-東盟自貿(mào)區(qū)保障措施時(shí),各締約方應(yīng)適用WTO保障措施協(xié)定中關(guān)于實(shí)施保障措施的規(guī)則,但《WTO保障措施協(xié)定》第五條所列的數(shù)量限制措施及第九、十三、十四條不適用。《WTO保障措施協(xié)定》的所有其它條款應(yīng)在必要修正后納入本協(xié)議,并作為本協(xié)議的組成部分。
七、對(duì)于來自一締約方的產(chǎn)品,只要其在進(jìn)口成員中所涉產(chǎn)品進(jìn)口中的份額不超過從各締約方進(jìn)口總量的3%,即不得對(duì)該產(chǎn)品實(shí)施中國-東盟自貿(mào)區(qū)保障措施。
八、在依據(jù)《WTO保障措施協(xié)定》第八條尋求補(bǔ)償時(shí),各締約方應(yīng)尋求第十二款中提及的機(jī)構(gòu)的斡旋,以在中止任何相等的減讓義務(wù)前確定實(shí)質(zhì)相等的減讓水平。所有與此斡旋有關(guān)的程序應(yīng)在中國-東盟自貿(mào)區(qū)保障措施實(shí)施之日起90天內(nèi)結(jié)束。
九、當(dāng)一締約方終止針對(duì)某一產(chǎn)品實(shí)施的中國-東盟自貿(mào)區(qū)保障措施時(shí),該產(chǎn)品的稅率應(yīng)為根據(jù)本協(xié)議附件1及附件2所規(guī)定的關(guān)稅減讓表在保障措施終止之年的1月1日本應(yīng)開始實(shí)行的稅率。
十、各締約方之間及送達(dá)第十二款中提及的機(jī)構(gòu)的所有與中國-東盟自貿(mào)區(qū)保障措施相關(guān)的官方信函和文件應(yīng)采用書面形式,并使用英文。
十一、當(dāng)一締約方實(shí)施中國-東盟自貿(mào)區(qū)保障措施時(shí),不得同時(shí)依據(jù)第一款的規(guī)定訴諸WTO保障措施。
十二、為實(shí)現(xiàn)本條之目的,在根據(jù)第十六條第一款設(shè)立常設(shè)機(jī)構(gòu)之前,所有列入本協(xié)議的WTO保障措施協(xié)定條款中提及的“貨物貿(mào)易理事會(huì)”或“保障措施委員會(huì)”均應(yīng)指中國-東盟經(jīng)貿(mào)部長會(huì)議或中國-東盟經(jīng)濟(jì)高官會(huì),常設(shè)機(jī)構(gòu)在設(shè)立后應(yīng)替代中國-東盟經(jīng)貿(mào)部長會(huì)議和中國-東盟經(jīng)濟(jì)高官會(huì)。
ARTICLE 10 Acceleration of Commitments
Nothing in this Agreement shall preclude the Parties from negotiating and entering into arrangements to accelerate the implementation of commitments made under this Agreement, provided that such arrangements are mutually agreed to and implemented by all the Parties.
Nothing in this Agreement shall preclude the Parties from negotiating and entering into arrangements to accelerate the implementation of commitments made under this Agreement, provided that such arrangements are mutually agreed to and implemented by all the Parties.
ARTICLE 11 Measures to Safeguard the Balance of Payments
Where a Party is in serious balance of payments and external financial difficulties or threat thereof, it may, in accordance with the GATT 1994 and the Understanding on Balance-of-Payments Provisions of the GATT 1994, adopt restrictive import measures.
Where a Party is in serious balance of payments and external financial difficulties or threat thereof, it may, in accordance with the GATT 1994 and the Understanding on Balance-of-Payments Provisions of the GATT 1994, adopt restrictive import measures.
ARTICLE 12 General Exceptions
Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures:
(a) necessary to protect public morals;
(b) necessary to protect human, animal or plant life or health;
(c) relating to the importations or exportations of gold or silver;
(d) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement, including those relating to customs enforcement, the enforcement of monopolies operated under paragraph 4 of Article II and Article XVII of the GATT 1994, the protection of patents, trade marks and copyrights, and the prevention of deceptive practices;
(e) relating to the products of prison labour;
(f) imposed for the protection of national treasures of artistic, historic or archaeological value;
(g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption;
(h) undertaken in pursuance of obligations under any intergovernmental commodity agreement which conforms to criteria submitted to the WTO and not disapproved by it or which is itself so submitted and not so disapproved;
(i) involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilization plan; Provided that such restrictions shall not operate to increase the exports of or the protection afforded to such domestic industry, and shall not depart from the provisions of this Agreement relating to non-discrimination;
(j) essential to the acquisition or distribution of products in general or local short supply; Provided that any such measures shall be consistent with the principle that all Parties are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with the other provisions of this Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist.
Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where the same conditions prevail, or a disguised restriction on international trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures:
(a) necessary to protect public morals;
(b) necessary to protect human, animal or plant life or health;
(c) relating to the importations or exportations of gold or silver;
(d) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement, including those relating to customs enforcement, the enforcement of monopolies operated under paragraph 4 of Article II and Article XVII of the GATT 1994, the protection of patents, trade marks and copyrights, and the prevention of deceptive practices;
(e) relating to the products of prison labour;
(f) imposed for the protection of national treasures of artistic, historic or archaeological value;
(g) relating to the conservation of exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption;
(h) undertaken in pursuance of obligations under any intergovernmental commodity agreement which conforms to criteria submitted to the WTO and not disapproved by it or which is itself so submitted and not so disapproved;
(i) involving restrictions on exports of domestic materials necessary to ensure essential quantities of such materials to a domestic processing industry during periods when the domestic price of such materials is held below the world price as part of a governmental stabilization plan; Provided that such restrictions shall not operate to increase the exports of or the protection afforded to such domestic industry, and shall not depart from the provisions of this Agreement relating to non-discrimination;
(j) essential to the acquisition or distribution of products in general or local short supply; Provided that any such measures shall be consistent with the principle that all Parties are entitled to an equitable share of the international supply of such products, and that any such measures, which are inconsistent with the other provisions of this Agreement shall be discontinued as soon as the conditions giving rise to them have ceased to exist.
在遵守關(guān)于此類措施的實(shí)施不在情形類似的有關(guān)締約方之間構(gòu)成任意或不合理歧視的手段或構(gòu)成對(duì)國際貿(mào)易的變相限制的要求前提下,本協(xié)議的任何規(guī)定不得解釋為阻止一締約方采取或?qū)嵤┮韵麓胧?
(一)為保護(hù)公共道德所必需的措施;
(二)為保護(hù)人類、動(dòng)物或植物的生命或健康所必需的措施;
(三)與黃金或白銀進(jìn)出口有關(guān)的措施;
(四)為保證與本協(xié)議的規(guī)定不相抵觸的法律或法規(guī)得到遵守所必需的措施,包括與海關(guān)執(zhí)法、根據(jù)《1994年關(guān)稅與貿(mào)易總協(xié)定》第二條第四款和第十七條實(shí)行的有關(guān)壟斷、寶庫專利權(quán)、商標(biāo)和版權(quán)以及防止欺詐行為有關(guān)的措施;
(五)與監(jiān)獄囚犯產(chǎn)品有關(guān)的措施;
(六)為保護(hù)具有藝術(shù)、歷史或考古價(jià)值的國寶所采取的措施;
(七)與保護(hù)可用盡的自然資源有關(guān)的措施,如此類措施與限制國內(nèi)生產(chǎn)或消費(fèi)一同實(shí)施;
(八)為履行任何政府間商品協(xié)定項(xiàng)下義務(wù)而實(shí)施的措施,該協(xié)定符合WTO其WTO不持異議的標(biāo)準(zhǔn),或該協(xié)定本身提交各締約方且各締約方不持異議;
(九)在作為政府穩(wěn)定計(jì)劃的一部分將國內(nèi)原料價(jià)格壓至低于國際價(jià)格水平的時(shí)期內(nèi),為保證此類原料給予國內(nèi)加工產(chǎn)業(yè)所必需的數(shù)量而涉及限制此種原料出口的措施;但是此類限制不得用于增加該國內(nèi)產(chǎn)業(yè)的出口或增加對(duì)其提供的保護(hù),也不得偏離本協(xié)議有關(guān)非歧視的規(guī)定;
(十)在普遍或局部供應(yīng)短缺的情況下,為獲取或分配產(chǎn)品所必需的措施;但是任何此類措施應(yīng)符合以下原則:即本協(xié)議的各締約方在此類產(chǎn)品的國際供應(yīng)中有權(quán)獲得公平的份額,且任何此類與本協(xié)議其他規(guī)定不一致的措施,應(yīng)在導(dǎo)致其實(shí)施的條件不復(fù)存在時(shí)即行停止。
ARTICLE 13 Security Exceptions
Nothing in this Agreement shall be construed:
(a) to require any Party to furnish any information the disclosure of which it considers contrary to its essential security interests;
(b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests, including but not limited to:
(i) action relating to fissionable materials or the materials from which they are derived;
(ii) action 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) action taken so as to protect critical communications infrastructure from deliberate attempts intended to disable or degrade such infrastructure;
(iv) action taken in time of war or other emergency in domestic or international relations; or
(c) to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
Nothing in this Agreement shall be construed:
(a) to require any Party to furnish any information the disclosure of which it considers contrary to its essential security interests;
(b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests, including but not limited to:
(i) action relating to fissionable materials or the materials from which they are derived;
(ii) action 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) action taken so as to protect critical communications infrastructure from deliberate attempts intended to disable or degrade such infrastructure;
(iv) action taken in time of war or other emergency in domestic or international relations; or
(c) to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.
本協(xié)議的任何規(guī)定不得解釋為:
(一)要求任何一締約方提供其認(rèn)為如披露則會(huì)違背其基本安全利益的任何信息;
(二)阻止任何一締約方采取其認(rèn)為對(duì)保護(hù)其基本國家安全利益所必需的任何行動(dòng),包括但不僅限于如下行動(dòng):
1.與裂變和聚變物質(zhì)或衍生這些物質(zhì)的物質(zhì)有關(guān)的行動(dòng);
2.與武器、彈藥和作戰(zhàn)物資的貿(mào)易有關(guān)的行動(dòng),及與此類貿(mào)易所運(yùn)輸?shù)闹苯踊蜷g接供應(yīng)軍事機(jī)關(guān)的其他貨物或物資有關(guān)的行動(dòng);
3.為保護(hù)重要通訊基礎(chǔ)設(shè)施免遭使該基礎(chǔ)設(shè)施失效或功能削弱的蓄意圖謀所采取的措施;或
4.在戰(zhàn)時(shí)或國內(nèi)、國際關(guān)系中的其他緊急情況下采取的行動(dòng)。
(三)阻止任何締約方為履行其在《聯(lián)合國憲章》項(xiàng)下的維護(hù)國際和平與安全的義務(wù)而采取的任何行動(dòng)。
ARTICLE 14 Recognition of China's Market Economy Status
Each of the ten ASEAN Member States agrees to recognise China as a full market economy and shall not apply, from the date of the signature of this Agreement, Sections 15 and 16 of the Protocol of Accession of the People's Republic of China to the WTO and Paragraph 242 of the Report of the Working Party on the Accession of China to WTO in relation to the trade between China and each of the ten ASEAN Member States.
Each of the ten ASEAN Member States agrees to recognise China as a full market economy and shall not apply, from the date of the signature of this Agreement, Sections 15 and 16 of the Protocol of Accession of the People's Republic of China to the WTO and Paragraph 242 of the Report of the Working Party on the Accession of China to WTO in relation to the trade between China and each of the ten ASEAN Member States.
ARTICLE 15 State, Regional and Local Government
In fulfilling its obligations and commitments under this Agreement, each Party shall ensure their observance by regional and local governments and authorities in its territory as well as their observance by non-governmental bodies (in the exercise of powers delegated by central, state, regional or local governments or authorities) within its territory.
In fulfilling its obligations and commitments under this Agreement, each Party shall ensure their observance by regional and local governments and authorities in its territory as well as their observance by non-governmental bodies (in the exercise of powers delegated by central, state, regional or local governments or authorities) within its territory.
ARTICLE 16 Institutional Arrangements
1.Pending the establishment of a permanent body, the AEM-MOFCOM, supported and assisted by the SEOM-MOFCOM, shall oversee, supervise, coordinate and review the implementation of this Agreement.
2.The ASEAN Secretariat shall monitor and report to the SEOM-MOFCOM on the implementation of this Agreement. All Parties shall cooperate with the ASEAN Secretariat in the performance of its duties.
3.Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this Agreement. On the request of a Party, the contact point of the requested Party shall identify the office or official responsible for the matter and assist in facilitating communication with the requesting Party.
1.Pending the establishment of a permanent body, the AEM-MOFCOM, supported and assisted by the SEOM-MOFCOM, shall oversee, supervise, coordinate and review the implementation of this Agreement.
2.The ASEAN Secretariat shall monitor and report to the SEOM-MOFCOM on the implementation of this Agreement. All Parties shall cooperate with the ASEAN Secretariat in the performance of its duties.
3.Each Party shall designate a contact point to facilitate communications between the Parties on any matter covered by this Agreement. On the request of a Party, the contact point of the requested Party shall identify the office or official responsible for the matter and assist in facilitating communication with the requesting Party.
一、在建立常設(shè)機(jī)構(gòu)前,中國-東盟經(jīng)濟(jì)部長會(huì)議,在中國-東盟經(jīng)濟(jì)高官會(huì)議的支持和協(xié)助下,應(yīng)檢查、監(jiān)督、協(xié)調(diào)和審議本協(xié)議的執(zhí)行。
二、東盟秘書處應(yīng)監(jiān)測(cè)并向中國-東盟經(jīng)濟(jì)高官會(huì)報(bào)告本協(xié)議的執(zhí)行情況。在東盟秘書處行使其職責(zé)的過程中,各締約方應(yīng)予以合作。
三、每一締約方應(yīng)指定聯(lián)絡(luò)點(diǎn),為各締約方就本協(xié)議涉及的任何問題進(jìn)行溝通提供便利。應(yīng)一締約方的請(qǐng)求,被請(qǐng)求締約方的聯(lián)絡(luò)點(diǎn)應(yīng)確定負(fù)責(zé)該問題的機(jī)構(gòu)或官員,并為便利與提出請(qǐng)求的締約方之間的溝通提供協(xié)助。
ARTICLE 17 Review
1. The AEM-MOFCOM or their designated representatives shall meet within a year of the date of entry into force of this Agreement and then biennially or otherwise as appropriate to review this Agreement for the purpose of considering further measures to liberalise trade in goods as well as develop disciplines and negotiate agreements on matters referred to in Article 7 of this Agreement or any other relevant matters as may be agreed.
2.The Parties shall, taking into account their respective experience in the implementation of this Agreement, review the Sensitive Track in 2008 with a view to improving the market access condition of sensitive products, including the further possible reduction of the number of products in the Sensitive Track and the conditions governing the reciprocal tariff rate treatment of products placed by a Party in the Sensitive Track.
1. The AEM-MOFCOM or their designated representatives shall meet within a year of the date of entry into force of this Agreement and then biennially or otherwise as appropriate to review this Agreement for the purpose of considering further measures to liberalise trade in goods as well as develop disciplines and negotiate agreements on matters referred to in Article 7 of this Agreement or any other relevant matters as may be agreed.
2.The Parties shall, taking into account their respective experience in the implementation of this Agreement, review the Sensitive Track in 2008 with a view to improving the market access condition of sensitive products, including the further possible reduction of the number of products in the Sensitive Track and the conditions governing the reciprocal tariff rate treatment of products placed by a Party in the Sensitive Track.
一、中國-東盟經(jīng)濟(jì)部長會(huì)議或其指定的代表應(yīng)在本協(xié)議生效之日起一年之內(nèi)召開會(huì)議,此后每兩年或任何適當(dāng)?shù)臅r(shí)間召開會(huì)議,審議本協(xié)議,以考慮進(jìn)一步采取措施開放貨物貿(mào)易,并就本協(xié)議第7條涉及的問題或各締約方同意的任何其他問題制定規(guī)則和談判協(xié)定。
二、在考慮各自執(zhí)行本協(xié)議情況的基礎(chǔ)上,各締約方應(yīng)在2008年對(duì)敏感產(chǎn)品進(jìn)行審議,以提高敏感產(chǎn)品的市場準(zhǔn)入條件,包括對(duì)敏感類產(chǎn)品的數(shù)量進(jìn)行進(jìn)一步的、可能的削減以及審議被一締約方列為敏感的產(chǎn)品的對(duì)等關(guān)稅待遇條件。
ARTICLE 23 Entry Into Force
1.This Agreement shall enter into force on 1 January 2005.
2.The Parties undertake to complete their internal procedures for the entry into force of this Agreement prior to 1 January 2005.
3.Where a Party is unable to complete its internal procedures for the entry into force of this Agreement by 1 January 2005, the rights and obligations of that Party under this Agreement shall commence on the date of the completion of such internal procedures.
4.A Party shall upon the completion of its internal procedures for the entry into force of this Agreement notify all the other Parties in writing.
IN WITNESS WHEREOF, the undersigned being duly authorised by their respective Governments, have signed this Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Co-operation between the Association of Southeast Asian Nations and the People's Republic of China.
DONE at, Vientiane, Lao PDR this Twenty Ninth Day of November in the Year Two Thousand and Four, in duplicate copies in the English Language.
1.This Agreement shall enter into force on 1 January 2005.
2.The Parties undertake to complete their internal procedures for the entry into force of this Agreement prior to 1 January 2005.
3.Where a Party is unable to complete its internal procedures for the entry into force of this Agreement by 1 January 2005, the rights and obligations of that Party under this Agreement shall commence on the date of the completion of such internal procedures.
4.A Party shall upon the completion of its internal procedures for the entry into force of this Agreement notify all the other Parties in writing.
IN WITNESS WHEREOF, the undersigned being duly authorised by their respective Governments, have signed this Agreement on Trade in Goods of the Framework Agreement on Comprehensive Economic Co-operation between the Association of Southeast Asian Nations and the People's Republic of China.
DONE at, Vientiane, Lao PDR this Twenty Ninth Day of November in the Year Two Thousand and Four, in duplicate copies in the English Language.
