关于印发《2009年地方科协调研宣传部长工作研讨会纪要》的通知
中国科学技术协会
关于印发《2009年地方科协调研宣传部长工作研讨会纪要》的通知
科协调函政字[2009]11号
各全国学会、协会、研究会办公室（秘书处），各省、自治区、直辖市、副省级城市科协和新疆生产建设兵团科协调宣部门：
2009年3月9—10日，由中国科协调研宣传部主办、江西省科协承办的2009年地方科协调研宣传部长工作研讨会在江西南昌召开。经中国科协书记处领导同意，现将会议纪要印发给你们，请结合工作实际，认真贯彻执行。
附件：2009年地方科协调研宣传部长工作研讨会纪要
2009年3月31日
附：
2009年地方科协调研宣传部长工作研讨会纪要
（2009年3月26日）
中国科协调研宣传部
2009年3月9—10日，地方科协调研宣传部长工作研讨会在江西省南昌市召开，来自全国29个省、自治区、直辖市和新疆生产建设兵团科协的10位领导同志和调研宣传部门负责同志近60人出席研讨会。会议开幕式由中国科协调宣部巡视员兼副部长崔建平主持，江西省科协党组书记龚绍林致辞，中国科协调宣部部长王春法作了关于学习贯彻胡锦涛总书记12•15讲话精神辅导报告。会议期间，与会代表紧紧围绕学习贯彻胡锦涛总书记讲话精神，从新时期党和人民事业对科协工作新要求的高度，深入思考、热烈研讨科协决策咨询工作、调查站点调整、科协组织更名、科协标识使用等问题，既如实反映本地区本部门相关工作现状，也积极发表科协开展决策咨询工作的意见建议；既有对科协历史上成功决策咨询的回顾，也有对本地区今后开展决策咨询的方法设计和理论思考，套话空话少，实话真话多，所提建议都有很强的针对性和可操作性，是一次团结务实、研讨深入的成功会议，并达成以下共识。
一是要不断把学习贯彻胡锦涛总书记12•15重要讲话精神引向深入。与会代表一致认为，胡锦涛总书记12•15重要讲话对当前和今后相当长时期的科协工作具有战略性、全局性、基础性指导意义，学习贯彻讲话精神是科协系统当前最重要的政治任务，调研宣传部门要自觉当好学习贯彻讲话精神的先行者、组织者和推动者。我们要深刻理解和把握讲话蕴含的丰富政策内涵，推动转化为指导科协工作的具体政策文件，切实按照“大联合、大协作”的工作方式，建立起与其他部门密切配合、良性互动的有效工作机制，推动科协工作再上新台阶。有代表提出，调研宣传部门要进一步创新宣传方式，拓展宣传渠道，增强宣传效果，在更广范围宣传胡锦涛总书记12•15讲话精神的重大意义，扩大科协影响，提升科协形象，使社会公众更加准确地认识科协的组织性质，更加积极地支持和参与科协工作。
二是要把科协的决策咨询工作做好、做强、做出品牌。与会代表认为，科协作为党领导下的科技工作者的群众组织，围绕党和国家中心工作，组织科技工作者开展决策咨询，为党和政府决策的科学化民主化服务，既是党和人民对新时期科协工作的殷切期待，也是实现科协事业科学发展的内在需要。科协系统开展决策咨询有传统、有成绩，也有独特优势。大家表示要坚定信心，统一规划，集中力量，整合资源，以更加积极昂扬的精神状态，把科协组织的决策咨询工作进一步做实、做强、做出品牌，做成有广泛知名度和影响力的国家级科技思想库。
三是及时调整科技工作者调查站点十分必要。为进一步加强调查站点建设，确保科技工作者状况调查数据资料收集的完整、真实、及时、准确，根据《中国科协学习实践科学发展观活动整改落实方案》要求，中国科协调宣部决定从2009年起，用三至四年时间将全国科技工作者状况调查站点调整一遍。与会代表对此项工作安排非常支持，一致表示将按照中国科协要求，认真完成今年的调查站点调整任务，并于4月5日前将具体调整意见上报中国科协调宣部。
四是科协更名既要积极又要稳妥。有代表提出，科协是人的组织，是科技工作者的群众组织，将中国科协更名为“中华全国科技工作者协会”或“中华全国科技工作者联合会”，把科协的组织性质充分凸显出来，做到名实相符，很有必要。也有代表担心，近几年科协的工作刚有起色，社会形象和社会影响力不断提升，贸然改名可能会削弱科协已有的社会影响，降低社会知晓度，不利于继续开展工作，不如将更多精力放在做好各项工作、进一步扩大科协社会影响上来。大家建议，科协更名问题要继续调研，既要积极又要稳妥，广泛听取各方意见，在交流讨论中推动形成共识。
五是要大力推广使用科协形象标识系统。中国科协形象标识不同于会徽，标注范围广泛，使用场合多样，应成为代表中国科协形象的经常性、便利性的使用标识。但从此次会议反映情况看，各地科协对广泛使用形象标识系统的重要性认识不够，使用标识系统的积极性不高，许多本该使用形象标识系统的场合仍以会徽代之。究其原因，一方面是由于各地科协对形象标识系统的宣传力度不够，许多同志对标识系统尚不了解；另一方面，中国科协没有关于推广使用形象标识系统的限制性规定或激励性措施。大家建议，由中国科协调宣部牵头，对科协形象标识系统的使用情况进行检查督促，推动中国科协形象标识系统在更广范围和更多场合使用，成为为广大科技工作者、科协工作者和社会公众广泛接受的科协基本形象标识。
关于把中国科协建设成为国家级科技思想库，与会代表一致认为，这是一个既切合实际又鼓舞人心的奋斗目标，对于我们更加全面地认识科协工作的总体布局，更加深刻地理解科协决策咨询工作的目标重点，很有现实指导意义，同时提出以下建议：
一是把中国科协建设成为国家级科技思想库，不是在科协现有组织架构中增设一个新机构，而是要充分利用现有组织建制，拓展工作领域，提升工作质量，发挥好科协组织的思想库功能。决策咨询工作分由学会部、调宣部、咨询中心等多个部门承担的地方科协，应该明确由主管领导抓总，调宣部门牵头，突出优势，整合力量，努力形成健全的决策咨询工作协调机制。
二是做好决策咨询工作关键是要把握规律性，探索将科技工作者的个体智慧凝聚上升为有组织的集体智慧的方法、途径和机制。把中国科协建设成为国家级科技思想库，“国家级”是指我们的决策咨询水平和影响力要达到国际一流，而不仅仅局限在特定区域或特定问题领域；“科技”是指我们的决策咨询工作要聚焦在与科技相关的问题，由科技工作者开展决策咨询；“思想库”是指科协要通过决策咨询引领社会思潮，为党和政府科学决策服务。与此相适应，地方科协也要努力成为地方党委政府的思想库，围绕各地经济社会发展中与科技相关的热点难点问题建言献策，为实现地方经济社会又好又快发展服务。
三是思想库的建设必须坚持问题导向，既考虑全局性、战略性、前瞻性问题，也考虑区域性、近期亟待解决的问题，研究成果要力争进入决策程序。建立决策咨询专家库要重点考虑专家的决策咨询能力，考虑其对党和国家相关政策的熟悉程度，考虑其政策建议的针对性和可操作性。入库专家要实行动态管理，既要有某一学科领域造诣精深的专业人才，也要有视野开阔、知识面广的复合型人才；既要吸收科协系统内的人才，也要吸收科协系统外的研究人才；既要吸收科技工作者，还要吸收实际工作部门的同志，甚至海外优秀科技人才。地方科协决策咨询专家的选择，要充分考虑本地学科优势和经济社会发展特色。同时要做好决策咨询方法培训工作。
四是科协组织作为思想库应具有跨部门、跨领域、跨学科、多层次、网络型特点，应具有柔性边界。凡与科技相关的问题，都是我们能够发挥作用的领域；上至中央，下到县市，各级决策部门都应成为我们决策咨询的服务对象。科协系统用人不养人，这就需要我们始终坚持“大联合、大协作”的工作方式，把科协的决策咨询系统做成一个开放的、与时俱进的系统。要进一步畅通科协同党政部门的沟通渠道，规范科技工作者建议的报送方式，建立党政领导对专家建议的及时反馈机制，使科协决策咨询工作更有针对性、时效性和实效性。
五是决策咨询工作要不拘一格、形式多样，既有主动咨询，也有被动咨询；既有课题研究，也有专题论坛；既有正式的组织形式，也有非正式的活动形式。要探索建立科协系统决策咨询工作评价激励机制，调动各级科协组织开展决策咨询的积极性、主动性，充分发挥广大科技工作者的创造精神，通过树立典型，示范带动，把科协系统的决策咨询工作搞得生动活泼、有声有色。
六是做好科协系统的决策咨询工作，要妥善处理好几个关系：一要处理好科协机关和科技工作者的关系，决策咨询工作的承担者是科技工作者，不是机关工作人员，后者是为前者开展工作服务的；二要处理好调宣部门和其他部门的关系，这是科协系统的决策咨询，不是调宣部门的决策咨询，必须以大联合、大协作的工作方式，把各部门积极性都调动起来，调宣部门要当好组织者、服务者；三要处理好科技问题和非科技问题咨询的关系，科技工作者对与科技相关的问题有发言权，但对于非科技问题则一定要谨言慎行，找准方向；四要处理好上级科协和下级科协的关系，充分发挥科协的组织网络优势，坚持资源共享，相互支持，形成全国一盘棋；五要处理好科协和学会的关系，每一个学会都是一个潜在的思想库，在特定的科技问题上真正具有权威性的是学会，必须充分调动各类学会做好决策咨询的积极性。
七是要突出科协特色，加大对科协思想库建设工作的宣传力度。能否成为国家级科技思想库，很大程度上取决于社会的公认度、美誉度和影响力，其中的影响力既包括对决策者的影响力，也包括对社会思潮的影响力，这在一定程度上又对我们的宣传工作提出了更高的要求。我们要明确科协思想库建设的目标和重点，努力成为与中科院、工程院等相互补充、互有优势、各具特色的国家级科技决策咨询组织。各地科协也要根据自身特点灵活有效地开展工作，打造品牌，扩大影响，逐步树立科协组织的科学普及、学术交流、人才举荐、决策咨询四位一体的完整社会形象。
在总结讲话中，王春法部长介绍了2009年中国科协调宣工作总体布局，要求与会代表回去后认真做好会议精神的汇报传达工作，同时希望各省（市、区）科协专题研究并部署好决策咨询工作，思想上重视，工作上支持，树立起科协组织的完整社会形象，推动科协系统调宣工作再上新台阶。
中华人民共和国加入议定书(英文本)
世界贸易组织法律文件
PROTOCOL ON THE ACCESSION OF
THE PEOPLE'S REPUBLIC OF CHINA
Preamble
The World Trade Organization ("WTO"), pursuant to the approval of the Ministerial Conference of the WTO accorded under Article XII of the Marrakesh Agreement Establishing the World Trade Organization ("WTO Agreement"), and the People's Republic of China ("China"),
Recalling that China was an original contracting party to the General Agreement on Tariffs and Trade 1947,
Taking note that China is a signatory to the Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations,
Taking note of the Report of the Working Party on the Accession of China in document WT/ACC/CHN/49 ("Working Party Report"),
Having regard to the results of the negotiations concerning China's membership in the WTO,
Agree as follows:
Part I - General Provisions
1. General
1. Upon accession, China accedes to the WTO Agreement pursuant to Article XII of that Agreement and thereby becomes a Member of the WTO.
2. The WTO Agreement to which China accedes shall be the WTO Agreement as rectified, amended or otherwise modified by such legal instruments as may have entered into force before the date of accession. This Protocol, which shall include the commitments referred to in paragraph 342 of the Working Party Report, shall be an integral part of the WTO Agreement.
3. Except as otherwise provided for in this Protocol, those obligations in the Multilateral Trade Agreements annexed to the WTO Agreement that are to be implemented over a period of time starting with entry into force of that Agreement shall be implemented by China as if it had accepted that Agreement on the date of its entry into force.
4. China may maintain a measure inconsistent with paragraph 1of Article II of the General Agreement on Trade in Services ("GATS") provided that such a measure is recorded in the List of Article II Exemptions annexed to this Protocol and meets the conditions of the Annex to the GATS on Article II Exemptions.
2. Administration of the Trade Regime
(A) Uniform Administration
1. The provisions of the WTO Agreement and this Protocol shall apply to the entire customs territory of China, including border trade regions and minority autonomous areas, Special Economic Zones, open coastal cities, economic and technical development zones and other areas where special regimes for tariffs, taxes and regulations are established (collectively referred to as "special economic areas").
2. China shall apply and administer in a uniform, impartial and reasonable manner all its laws, regulations and other measures of the central government as well as local regulations, rules and other measures issued or applied at the sub-national level (collectively referred to as "laws, regulations and other measures") pertaining to or affecting trade in goods, services, trade-related aspects of intellectual property rights ("TRIPS") or the control of foreign exchange.
3. China's local regulations, rules and other measures of local governments at the sub-national level shall conform to the obligations undertaken in the WTO Agreement and this Protocol.
4. China shall establish a mechanism under which individuals and enterprises can bring to the attention of the national authorities cases of non-uniform application of the trade regime.
(B) Special Economic Areas
1. China shall notify to the WTO all the relevant laws, regulations and other measures relating to its special economic areas, listing these areas by name and indicating the geographic boundaries that define them. China shall notify the WTO promptly, but in any case within 60 days, of any additions or modifications to its special economic areas, including notification of the laws, regulations and other measures relating thereto.
2. China shall apply to imported products, including physically incorporated components, introduced into the other parts of China's customs territory from the special economic areas, all taxes, charges and measures affecting imports, including import restrictions and customs and tariff charges, that are normally applied to imports into the other parts of China's customs territory.
3. Except as otherwise provided for in this Protocol, in providing preferential arrangements for enterprises within such special economic areas, WTO provisions on non-discrimination and national treatment shall be fully observed.
(C) Transparency
1. China undertakes that only those laws, regulations and other measures pertaining to or affecting trade in goods, services, TRIPS or the control of foreign exchange that are published and readily available to other WTO Members, individuals and enterprises, shall be enforced. In addition, China shall make available to WTO Members, upon request, all laws, regulations and other measures pertaining to or affecting trade in goods, services, TRIPS or the control of foreign exchange before such measures are implemented or enforced. In emergency situations, laws, regulations and other measures shall be made available at the latest when they are implemented or enforced.
2. China shall establish or designate an official journal dedicated to the publication of all laws, regulations and other measures pertaining to or affecting trade in goods, services, TRIPS or the control of foreign exchange and, after publication of its laws, regulations or other measures in such journal, shall provide a reasonable period for comment to the appropriate authorities before such measures are implemented, except for those laws, regulations and other measures involving national security, specific measures setting foreign exchange rates or monetary policy and other measures the publication of which would impede law enforcement. China shall publish this journal on a regular basis and make copies of all issues of this journal readily available to individuals and enterprises.
3. China shall establish or designate an enquiry point where, upon request of any individual, enterprise or WTO Member all information relating to the measures required to be published under paragraph 2(C)1 of this Protocol may be obtained. Replies to requests for information shall generally be provided within 30 days after receipt of a request. In exceptional cases, replies may be provided within 45 days after receipt of a request. Notice of the delay and the reasons therefor shall be provided in writing to the interested party. Replies to WTO Members shall be complete and shall represent the authoritative view of the Chinese government. Accurate and reliable information shall be provided to individuals and enterprises.
(D) Judicial Review
1. China shall establish, or designate, and maintain tribunals, contact points and procedures for the prompt review of all administrative actions relating to the implementation of laws, regulations, judicial decisions and administrative rulings of general application referred to in Article X:1 of the GATT 1994, Article VI of the GATS and the relevant provisions of the TRIPS Agreement. Such tribunals shall be impartial and independent of the agency entrusted with administrative enforcement and shall not have any substantial interest in the outcome of the matter.
2. Review procedures shall include the opportunity for appeal, without penalty, by individuals or enterprises affected by any administrative action subject to review. If the initial right of appeal is to an administrative body, there shall in all cases be the opportunity to choose to appeal the decision to a judicial body. Notice of the decision on appeal shall be given to the appellant and the reasons for such decision shall be provided in writing. The appellant shall also be informed of any right to further appeal.
3. Non-discrimination
Except as otherwise provided for in this Protocol, foreign individuals and enterprises and foreign-funded enterprises shall be accorded treatment no less favourable than that accorded to other individuals and enterprises in respect of:
(a) the procurement of inputs and goods and services necessary for production and the conditions under which their goods are produced, marketed or sold, in the domestic market and for export; and
(b) the prices and availability of goods and services supplied by national and sub-national authorities and public or state enterprises, in areas including transportation, energy, basic telecommunications, other utilities and factors of production.
4. Special Trade Arrangements
Upon accession, China shall eliminate or bring into conformity with the WTO Agreement all special trade arrangements, including barter trade arrangements, with third countries and separate customs territories, which are not in conformity with the WTO Agreement.
5. Right to Trade
1. Without prejudice to China's right to regulate trade in a manner consistent with the WTO Agreement, China shall progressively liberalize the availability and scope of the right to trade, so that, within three years after accession, all enterprises in China shall have the right to trade in all goods throughout the customs territory of China, except for those goods listed in Annex 2A which continue to be subject to state trading in accordance with this Protocol. Such right to trade shall be the right to import and export goods. All such goods shall be accorded national treatment under Article III of the GATT 1994, especially paragraph 4 thereof, in respect of their internal sale, offering for sale, purchase, transportation, distribution or use, including their direct access to end-users. For those goods listed in Annex 2B, China shall phase out limitation on the grant of trading rights pursuant to the schedule in that Annex. China shall complete all necessary legislative procedures to implement these provisions during the transition period.
2. Except as otherwise provided for in this Protocol, all foreign individuals and enterprises, including those not invested or registered in China, shall be accorded treatment no less favourable than that accorded to enterprises in China with respect to the right to trade.
6. State Trading
1. China shall ensure that import purchasing procedures of state trading enterprises are fully transparent, and in compliance with the WTO Agreement, and shall refrain from taking any measure to influence or direct state trading enterprises as to the quantity, value, or country of origin of goods purchased or sold, except in accordance with the WTO Agreement.
2. As part of China's notification under the GATT 1994 and the Understanding on the Interpretation of Article XVII of the GATT 1994, China shall also provide full information on the pricing mechanisms of its state trading enterprises for exported goods.
7. Non-Tariff Measures
1. China shall implement the schedule for phased elimination of the measures contained in Annex 3. During the periods specified in Annex 3, the protection afforded by the measures listed in that Annex shall not be increased or expanded in size, scope or duration, nor shall any new measures be applied, unless in conformity with the provisions of the WTO Agreement.
2. In implementing the provisions of Articles III and XI of the GATT 1994 and the Agreement on Agriculture, China shall eliminate and shall not introduce, re-introduce or apply non-tariff measures that cannot be justified under the provisions of the WTO Agreement. For all non-tariff measures, whether or not referred to in Annex 3, that are applied after the date of accession, consistent with the WTO Agreement or this Protocol, China shall allocate and otherwise administer such measures in strict conformity with the provisions of the WTO Agreement, including GATT 1994 and Article XIII thereof, and the Agreement on Import Licensing Procedures, including notification requirements.
3. China shall, upon accession, comply with the TRIMs Agreement, without recourse to the provisions of Article 5 of the TRIMs Agreement. China shall eliminate and cease to enforce trade and foreign exchange balancing requirements, local content and export or performance requirements made effective through laws, regulations or other measures. Moreover, China will not enforce provisions of contracts imposing such requirements. Without prejudice to the relevant provisions of this Protocol, China shall ensure that the distribution of import licences, quotas, tariff-rate quotas, or any other means of approval for importation, the right of importation or investment by national and sub-national authorities, is not conditioned on: whether competing domestic suppliers of such products exist; or performance requirements of any kind, such as local content, offsets, the transfer of technology, export performance or the conduct of research and development in China.
4. Import and export prohibitions and restrictions, and licensing requirements affecting imports and exports shall only be imposed and enforced by the national authorities or by sub-national authorities with authorization from the national authorities. Such measures which are not imposed by the national authorities or by sub-national authorities with authorization from the national authorities, shall not be implemented or enforced.
8. Import and Export Licensing
1. In implementing the WTO Agreement and provisions of the Agreement on Import Licensing Procedures, China shall undertake the following measures to facilitate compliance with these agreements:
(a) China shall publish on a regular basis the following in the official journal referred to in paragraph 2(C)2 of this Protocol:
- by product, the list of all organizations, including those organizations delegated such authority by the national authorities, that are responsible for authorizing or approving imports or exports, whether through grant of licence or other approval;
- procedures and criteria for obtaining such import or export licences or other approvals, and the conditions for deciding whether they should be granted;
- a list of all products, by tariff number, that are subject to tendering requirements, including information on products subject to such tendering requirements and any changes, pursuant to the Agreement on Import Licensing Procedures;
- a list of all goods and technologies whose import or export are restricted or prohibited; these goods shall also be notified to the Committee on Import Licensing;
- any changes to the list of goods and technologies whose import and export are restricted or prohibited.
Copies of these submissions in one or more official languages of the WTO shall be forwarded to the WTO for circulation to WTO Members and for submission to the Committee on Import Licensing within 75 days of each publication.
(b) China shall notify the WTO of all licensing and quota requirements remaining in effect after accession, listed separately by HS tariff line and with the quantities associated with the restriction, if any, and the justification for maintaining the restriction or its scheduled date of termination.
(c) China shall submit the notification of its import licensing procedures to the Committee on Import Licensing. China shall report annually to the Committee on Import Licensing on its automatic import licensing procedures, explaining the circumstances which give rise to these requirements and justifying the need for their continuation. This report shall also provide the information listed in Article 3 of the Agreement on Import Licensing Procedures.
(d) China shall issue import licences for a minimum duration of validity of six months, except where exceptional circumstances make this impossible. In such cases, China shall promptly notify the Committee on Import Licensing of the exceptional circumstances requiring the shorter period of licence validity.
2. Except as otherwise provided for in this Protocol, foreign individuals and enterprises and foreign-funded enterprises shall be accorded treatment no less favourable than that accorded to other individuals and enterprises in respect of the distribution of import and export licences and quotas.
9. Price Controls
1. China shall, subject to paragraph 2 below, allow prices for traded goods and services in every sector to be determined by market forces, and multi-tier pricing practices for such goods and services shall be eliminated.
2. The goods and services listed in Annex 4 may be subject to price controls, consistent with the WTO Agreement, in particular Article III of the GATT 1994 and Annex 2, paragraphs 3 and 4 of the Agreement on Agriculture. Except in exceptional circumstances, and subject to notification to the WTO, price controls shall not be extended to goods or services beyond those listed in Annex 4, and China shall make best efforts to reduce and eliminate these controls.
3. China shall publish in the official journal the list of goods and services subject to state pricing and changes thereto.
10. Subsidies
1. China shall notify the WTO of any subsidy within the meaning of Article 1 of the Agreement on Subsidies and Countervailing Measures ("SCM Agreement"), granted or maintained in its territory, organized by specific product, including those subsidies defined in Article 3 of the SCM Agreement. The information provided should be as specific as possible, following the requirements of the questionnaire on subsidies as noted in Article 25 of the SCM Agreement.
2. For purposes of applying Articles 1.2 and 2 of the SCM Agreement, subsidies provided to state-owned enterprises will be viewed as specific if, inter alia, state-owned enterprises are the predominant recipients of such subsidies or state-owned enterprises receive disproportionately large amounts of such subsidies.
3. China shall eliminate all subsidy programmes falling within the scope of Article 3 of the SCM Agreement upon accession.
11. Taxes and Charges Levied on Imports and Exports
1. China shall ensure that customs fees or charges applied or administered by national or sub-national authorities, shall be in conformity with the GATT 1994.
2. China shall ensure that internal taxes and charges, including value-added taxes, applied or administered by national or sub-national authorities shall be in conformity with the GATT 1994.
3. China shall eliminate all taxes and charges applied to exports unless specifically provided for in Annex 6 of this Protocol or applied in conformity with the provisions of Article VIII of the GATT 1994.
4. Foreign individuals and enterprises and foreign-funded enterprises shall, upon accession, be accorded treatment no less favourable than that accorded to other individuals and enterprises in respect of the provision of border tax adjustments.
12. Agriculture
1. China shall implement the provisions contained in China's Schedule of Concessions and Commitments on Goods and, as specifically provided in this Protocol, those of the Agreement on Agriculture. In this context, China shall not maintain or introduce any export subsidies on agricultural products.
2. China shall, under the Transitional Review Mechanism, notify fiscal and other transfers between or among state-owned enterprises in the agricultural sector (whether national or sub-national) and other enterprises that operate as state trading enterprises in the agricultural sector.
13. Technical Barriers to Trade
1. China shall publish in the official journal all criteria, whether formal or informal, that are the basis for a technical regulation, standard or conformity assessment procedure.
2. China shall, upon accession, bring into conformity with the TBT Agreement all technical regulations, standards and conformity assessment procedures.
3. China shall apply conformity assessment procedures to imported products only to determine compliance with technical regulations and standards that are consistent with the provisions of this Protocol and the WTO Agreement. Conformity assessment bodies will determine the conformity of imported products with commercial terms of contracts only if authorized by the parties to such contract. China shall ensure that such inspection of products for compliance with the commercial terms of contracts does not affect customs clearance or the granting of import licences for such products.
4. (a) Upon accession, China shall ensure that the same technical regulations, standards and conformity assessment procedures are applied to both imported and domestic products. In order to ensure a smooth transition from the current system, China shall ensure that, upon accession, all certification, safety licensing, and quality licensing bodies and agencies are authorized to undertake these activities for both imported and domestic products, and that, one year after accession, all conformity assessment bodies and agencies are authorized to undertake conformity assessment for both imported and domestic products. The choice of body or agency shall be at the discretion of the applicant. For imported and domestic products, all bodies and agencies shall issue the same mark and charge the same fee. They shall also provide the same processing periods and complaint procedures. Imported products shall not be subject to more than one conformity assessment. China shall publish and make readily available to other WTO Members, individuals, and enterprises full information on the respective responsibilities of its conformity assessment bodies and agencies.
(b) No later than 18 months after accession, China shall assign the respective responsibilities of its conformity assessment bodies solely on the basis of the scope of work and type of product without any consideration of the origin of a product. The respective responsibilities that will be assigned to China's conformity assessment bodies will be notified to the TBT Committee 12 months after accession.
14. Sanitary and Phytosanitary Measures
China shall notify to the WTO all laws, regulations and other measures relating to its sanitary and phytosanitary measures, including product coverage and relevant international standards, guidelines and recommendations, within 30 days after accession.
15. Price Comparability in Determining Subsidies and Dumping
Article VI of the GATT 1994, the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 ("Anti-Dumping Agreement") and the SCM Agreement shall apply in proceedings involving imports of Chinese origin into a WTO Member consistent with the following:
(a) In determining price comparability under Article VI of the GATT 1994 and the Anti-Dumping Agreement, the importing WTO Member shall use either Chinese prices or costs for the industry under investigation or a methodology that is not based on a strict comparison with domestic prices or costs in China based on the following rules:
(i) If the producers under investigation can clearly show that market economy conditions prevail in the industry producing the like product with regard to the manufacture, production and sale of that product, the importing WTO Member shall use Chinese prices or costs for the industry under investigation in determining price comparability;
(ii) The importing WTO Member may use a methodology that is not based on a strict comparison with domestic prices or costs in China if the producers under investigation cannot clearly show that market economy conditions prevail in the industry producing the like product with regard to manufacture, production and sale of that product.
(b) In proceedings under Parts II, III and V of the SCM Agreement, when addressing subsidies described in Articles 14(a), 14(b), 14(c) and 14(d), relevant provisions of the SCM Agreement shall apply; however, if there are special difficulties in that application, the importing WTO Member may then use methodologies for identifying and measuring the subsidy benefit which take into account the possibility that prevailing terms and conditions in China may not always be available as appropriate benchmarks. In applying such methodologies, where practicable, the importing WTO Member should adjust such prevailing terms and conditions before considering the use of terms and conditions prevailing outside China.
(c) The importing WTO Member shall notify methodologies used in accordance with subparagraph (a) to the Committee on Anti-Dumping Practices and shall notify methodologies used in accordance with subparagraph (b) to the Committee on Subsidies and Countervailing Measures.
(d) Once China has established, under the national law of the importing WTO Member, that it is a market economy, the provisions of subparagraph (a) shall be terminated provided that the importing Member's national law contains market economy criteria as of the date of accession. In any event, the provisions of subparagraph (a)(ii) shall expire 15 years after the date of accession. In addition, should China establish, pursuant to the national law of the importing WTO Member, that market economy conditions prevail in a particular industry or sector, the non-market economy provisions of subparagraph (a) shall no longer apply to that industry or sector.
16. Transitional Product-Specific Safeguard Mechanism
1. In cases where products of Chinese origin are being imported into the territory of any WTO Member in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of like or directly competitive products, the WTO Member so affected may request consultations with China with a view to seeking a mutually satisfactory solution, including whether the affected WTO Member should pursue application of a measure under the Agreement on Safeguards. Any such request shall be notified immediately to the Committee on Safeguards.
2. If, in the course of these bilateral consultations, it is agreed that imports of Chinese origin are such a cause and that action is necessary, China shall take such action as to prevent or remedy the market disruption. Any such action shall be notified immediately to the Committee on Safeguards.
3. If consultations do not lead to an agreement between China and the WTO Member concerned within 60 days of the receipt of a request for consultations, the WTO Member affected shall be free, in respect of such products, to withdraw concessions or otherwise to limit imports only to the extent necessary to prevent or remedy such market disruption. Any such action shall be notified immediately to the Committee on Safeguards.
4. Market disruption shall exist whenever imports of an article, like or directly competitive with an article produced by the domestic industry, are increasing rapidly, either absolutely or relatively, so as to be a significant cause of material injury, or threat of material injury to the domestic industry. In determining if market disruption exists, the affected WTO Member shall consider objective factors, including the volume of imports, the effect of imports on prices for like or directly competitive articles, and the effect of such imports on the domestic industry producing like or directly competitive products.
5. Prior to application of a measure pursuant to paragraph 3, the WTO Member taking such action shall provide reasonable public notice to all interested parties and provide adequate opportunity for importers, exporters and other interested parties to submit their views and evidence on the appropriateness of the proposed measure and whether it would be in the public interest. The WTO Member shall provide written notice of the decision to apply a measure, including the reasons for such measure and its scope and duration.
6. A WTO Member shall apply a measure pursuant to this Section only for such period of time as may be necessary to prevent or remedy the market disruption. If a measure is taken as a result of a relative increase in the level of imports, China has the right to suspend the application of substantially equivalent concessions or obligations under the GATT 1994 to the trade of the WTO Member applying the measure, if such measure remains in effect more than two years. However, if a measure is taken as a result of an absolute increase in imports, China has a right to suspend the application of substantially equivalent concessions or obligations under the GATT 1994 to the trade of the WTO Member applying the measure, if such measure remains in effect more than three years. Any such action by China shall be notified immediately to the Committee on Safeguards.
7. In critical circumstances, where delay would cause damage which it would be difficult to repair, the WTO Member so affected may take a provisional safeguard measure pursuant to a preliminary determination that imports have caused or threatened to cause market disruption. In this case, notification of the measures taken to the Committee on Safeguards and a request for bilateral consultations shall be effected immediately thereafter. The duration of the provisional measure shall not exceed 200 days during which the pertinent requirements of paragraphs 1, 2 and 5 shall be met. The duration of any provisional measure shall be counted toward the period provided for under paragraph 6.
8. If a WTO Member considers that an action taken under paragraphs 2, 3 or 7 causes or threatens to cause significant diversions of trade into its market, it may request consultations with China and/or the WTO Member concerned. Such consultations shall be held within 30 days after the request is notified to the Committee on Safeguards. If such consultations fail to lead to an agreement between China and the WTO Member or Members concerned within 60 days after the notification, the requesting WTO Member shall be free, in respect of such product, to withdraw concessions accorded to or otherwise limit imports from China, to the extent necessary to prevent or remedy such diversions. Such action shall be notified immediately to the Committee on Safeguards.
9. Application of this Section shall be terminated 12 years after the date of accession.
17. Reservations by WTO Members
All prohibitions, quantitative restrictions and other measures maintained by WTO Members against imports from China in a manner inconsistent with the WTO Agreement are listed in Annex 7. All such prohibitions, quantitative restrictions and other measures shall be phased out or dealt with in accordance with mutually agreed terms and timetables as specified in the said Annex.
18. Transitional Review Mechanism
1. Those subsidiary bodies1 of the WTO which have a mandate covering China's commitments under the WTO Agreement or this Protocol shall, within one year after accession and in accordance with paragraph 4 below, review, as appropriate to their mandate, the implementation by China of the WTO Agreement and of the related provisions of this Protocol. China shall provide relevant information, including information specified in Annex 1A, to each subsidiary body in advance of the review. China can also raise issues relating to any reservations under Section 17 or to any other specific commitments made by other Members in this Protocol, in those subsidiary bodies which have a relevant mandate. Each subsidiary body shall report the results of such review promptly to the relevant Council established by paragraph 5 of Article IV of the WTO Agreement, if applicable, which shall in turn report promptly to the General Council.
2. The General Council shall, within one year after accession, and in accordance with paragraph 4 below, review the implementation by China of the WTO Agreement and the provisions of this Protocol. The General Council shall conduct such review in accordance with the framework set out in Annex 1B and in the light of the results of any reviews held pursuant to paragraph 1. China also can raise issues relating to any reservations under Section 17 or to any other specific commitments made by other Members in this Protocol. The General Council may make recommendations to China and to other Members in these respects.
3. Consideration of issues pursuant to this Section shall be without prejudice to the rights and obligations of any Member, including China, under the WTO Agreement or any Plurilateral Trade Agreement, and shall not preclude or be a precondition to recourse to consultation or other provisions of the WTO Agreement or this Protocol.
4. The review provided for in paragraphs 1 and 2 will take place after accession in each year for eight years. Thereafter there will be a final review in year 10 or at an earlier date decided by the General Council.
Part II - Schedules
1. The Schedules annexed to this Protocol shall become the Schedule of Concessions and Commitments annexed to the GATT 1994 and the Schedule of Specific Commitments annexed to the GATS relating to China. The staging of concessions and commitments listed in the Schedules shall be implemented as specified in the relevant parts of the relevant Schedules.
2. For the purpose of the reference in paragraph 6(a) of Article II of the GATT 1994 to the date of that Agreement, the applicable date in respect of the Schedules of Concessions and Commitments annexed to this Protocol shall be the date of accession.
Part III - Final Provisions
1. This Protocol shall be open for acceptance, by signature or otherwise, by China until 1 January 2002.
2. This Protocol shall enter into force on the thirtieth day following the day of its acceptance.
3. This Protocol shall be deposited with the Director-General of the WTO. The Director-General shall promptly furnish a certified copy of this Protocol and a notification of acceptance by China thereof, pursuant to paragraph 1 of Part III of this Protocol, to each WTO Member and to China.
4. This Protocol shall be registered in accordance with the provisions of Article 102 of the Charter of the United Nations.
Done at Doha this tenth day of November two thousand and one, in a single copy, in the English, French and Spanish languages, each text being authentic, except that a Schedule annexed hereto may specify that it is authentic in only one or more of these languages.
1 Council for Trade in Goods, Council for Trade-Related Aspects of Intellectual Property Rights, Council for Trade in Services, Committees on Balance-of-Payments Restrictions, Market Access (covering also ITA), Agriculture, Sanitary and Phytosanitary Measures, Technical Barriers to Trade, Subsidies and Countervailing Measures, Anti-Dumping Measures, Customs Valuation, Rules of Origin, Import Licensing, Trade-Related Investment Measures, Safeguards, Trade in Financial Services.
