Common use of Modification of Schedules Clause in Contracts

Modification of Schedules. (a) A Member (referred to in this Article as the "modifying Member") may modify or withdraw any commitment in its Schedule, at any time after three years have elapsed from the date on which that commitment entered into force, in accordance with the provisions of this Article. (b) A modifying Member shall notify its intent to modify or withdraw a commitment pursuant to this Article to the Council for Trade in Services no later than three months before the intended date of implementation of the modification or withdrawal. (a) At the request of any Member the benefits of which under this Agreement may be affected (referred to in this Article as an "affected Member") by a proposed modification or withdrawal notified under subparagraph 1(b), the modifying Member shall enter into negotiations with a view to reaching agreement on any necessary compensatory adjustment. In such negotiations and agreement, the Members concerned shall endeavour to maintain a general level of mutually advantageous commitments not less favourable to trade than that provided for in Schedules of specific commitments prior to such negotiations. (b) Compensatory adjustments shall be made on a most-favoured-nation basis. (a) If agreement is not reached between the modifying Member and any affected Member before the end of the period provided for negotiations, such affected Member may refer the matter to arbitration. Any affected Member that wishes to enforce a right that it may have to compensation must participate in the arbitration. (b) If no affected Member has requested arbitration, the modifying Member shall be free to implement the proposed modification or withdrawal. (a) The modifying Member may not modify or withdraw its commitment until it has made compensatory adjustments in conformity with the findings of the arbitration. (b) If the modifying Member implements its proposed modification or withdrawal and does not comply with the findings of the arbitration, any affected Member that participated in the arbitration may modify or withdraw substantially equivalent benefits in conformity with those findings. Notwithstanding Article II, such a modification or withdrawal may be implemented solely with respect to the modifying Member. 5. The Council for Trade in Services shall establish procedures for rectification or modification of Schedules. Any Member which has modified or withdrawn scheduled commitments under this Article shall modify its Schedule according to such procedures.

Appears in 20 contracts

Sources: General Agreement on Trade in Services (Gats), General Agreement on Trade in Services, General Agreement on Trade in Services (Gats)

Modification of Schedules. ‌ 1. On the first day of each three-year period, the first period beginning on 1 January 1958 (aor on the first day of any other period* that may be specified by the CONTRACTING PARTIES by two- thirds of the votes cast) A Member a contracting party (referred to hereafter in this Article referred to as the "modifying Memberapplicant contracting party") may modify or withdraw may, by negotiation and agreement with any commitment in its Schedulecontracting 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, at any time after three years have elapsed from the date on which that commitment entered into force, in accordance together with the provisions of applicant contracting party, are in this Article. (b) A modifying Member shall notify its intent 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 commitment pursuant concession* included in the appropriate schedule annexed to this Article to Agreement. 1 By the Council for Trade in Services no later than three months before Decision of 23 March 1965, the intended date of implementation CONTRACTING PARTIES changed the title of the modification or withdrawalhead of the GATT secretariat from "Executive Secretary" to "Director-General". (a) At the request of any Member the benefits of which under this Agreement may be affected (referred to in this Article as an "affected Member") by a proposed modification or withdrawal notified under subparagraph 1(b), the modifying Member shall enter into negotiations with a view to reaching agreement on any necessary compensatory adjustment2. In such negotiations and agreement, which may include provision for compensatory adjustment with respect to other products, the Members contracting parties concerned shall endeavour to maintain a general level of reciprocal and mutually advantageous commitments concessions not less favourable to trade than that provided for in Schedules of specific commitments this Agreement prior to such negotiations. (b) Compensatory adjustments shall be made on a most-favoured-nation basis. (a) If agreement is not reached between the modifying Member 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 affected Member before 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 end expiration of thirty days from the period provided for negotiationsday on which written notice of such withdrawal is received by the CONTRACTING PARTIES, such affected Member may refer substantially equivalent concessions initially negotiated with the matter to arbitration. Any affected Member that wishes to enforce a right that it may have to compensation must participate in the arbitrationapplicant contracting party. (b) If no affected Member has requested arbitrationagreement 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, the modifying Member such other contracting party shall be free free, not later than six months after action under such agreement is taken, to implement withdraw, upon the proposed 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. 4. The CONTRACTING PARTIES may, at any time, in special circumstances, authorize* a contracting party to enter into negotiations for modification or withdrawal.withdrawal of a concession included in the appropriate Schedule annexed to this Agreement subject to the following procedures and conditions: (a) The modifying Member may not modify or withdraw its commitment until it has made compensatory adjustments Such negotiations* and any related consultations shall be conducted in conformity accordance with the findings provisions of the arbitrationparagraph 1 and 2 of this Article. (b) If agreement between the modifying Member implements its proposed modification 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 withdrawal within such longer period as the CONTRACTING PARTIES may have prescribed, the applicant contracting party may refer the matter to the CONTRACTING PARTIES. (d) Upon such reference, the CONTRACTING PARTIES shall promptly examine the matter and does not comply submit their views to the contracting parties primarily concerned with the findings aim of achieving a settlement. If a settlement is reached, the arbitrationprovisions 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, any affected Member that participated in the arbitration may 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 benefits in conformity concessions initially negotiated with those findings. Notwithstanding Article II, such a modification or withdrawal may be implemented solely with respect to the modifying Memberapplicant contracting party. 5. The Council 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 Trade the duration of the next period, to modify the appropriate Schedule in Services accordance with the procedures of paragraph 1 to 3. If a contracting party so elects, other contracting parties shall establish procedures for rectification have the right, during the same period, to modify or modification of Schedules. Any Member which has modified or withdrawn scheduled commitments under this Article shall modify its Schedule according to such withdraw, in accordance with the same procedures, concessions initially negotiated with that contracting party.

Appears in 3 contracts

Sources: General Agreement on Tariffs and Trade (Gatt), General Agreement on Tariffs and Trade (Gatt), General Agreement on Tariffs and Trade (Gatt)

Modification of Schedules. (a) A Member (referred to in this Article as the "modifying Member") may modify or withdraw any commitment in its Schedule, at any time after three years have elapsed from the date on which that commitment entered into force, in accordance with the provisions of this Article. (b) A modifying Member shall notify its intent to modify or withdraw a commitment pursuant to this Article to the Council for Trade in Services no later than three months before the intended date of implementation of the modification or withdrawal. (a) At the request of any Member the benefits of which under this Agreement may be affected (referred to in this Article as an "affected Member") by a proposed modification or withdrawal notified under subparagraph 1(b), the modifying Member shall enter into negotiations with a view to reaching agreement on any necessary compensatory adjustment. In such negotiations and agreement, the Members concerned shall endeavour to maintain a general level of mutually advantageous commitments not less favourable to trade than that provided for in Schedules of specific commitments prior to such negotiations. (b) Compensatory adjustments shall be made on a most-favoured-nation basis. (a) If agreement is not reached between the modifying Member and any affected Member before the end of the period provided for negotiations, such affected Member may refer the matter to arbitration. Any affected Member that wishes to enforce a right that it may have to compensation must participate in the arbitration. (b) If no affected Member has requested arbitration, the modifying Member shall be free to implement the proposed modification or withdrawal. (a) The modifying Member may not modify or withdraw its commitment until it has made compensatory adjustments in conformity with the findings of the arbitration. (b) If the modifying Member implements its proposed modification or withdrawal and does not comply with the findings of the arbitration, any affected Member that participated in the arbitration may modify or withdraw substantially equivalent benefits in conformity with those findings. Notwithstanding Article II, such a modification or withdrawal may be implemented solely with respect to the modifying Member. 5. The Council for Trade in Services shall establish procedures for rectification or modification of Schedules. Any Member which has modified or withdrawn scheduled commitments under this Article shall modify its Schedule according to such procedures.

Appears in 2 contracts

Sources: General Agreement on Trade in Services (Gats), General Agreement on Trade in Services (Gats)

Modification of Schedules. 1. On the first day of each three-year period, the first period beginning on 1 January 1958 (aor on the first day of any other period* that may be specified by the CONTRACTING PARTIES by two-thirds of the votes cast) A Member a contracting party (referred to hereafter in this Article referred to as the "modifying Memberapplicant contracting party") may modify or withdraw may, by negotiation and agreement with any commitment in its Schedulecontracting 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, at any time after three years have elapsed from the date on which that commitment entered into force, in accordance together with the provisions of applicant contracting party, are in this Article. (b) A modifying Member shall notify its intent 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 commitment pursuant concession* included in the appropriate schedule annexed to this Article to the Council for Trade in Services no later than three months before the intended date of implementation of the modification or withdrawalAgreement. (a) At the request of any Member the benefits of which under this Agreement may be affected (referred to in this Article as an "affected Member") by a proposed modification or withdrawal notified under subparagraph 1(b), the modifying Member shall enter into negotiations with a view to reaching agreement on any necessary compensatory adjustment2. In such negotiations and agreement, which may include provision for compensatory adjustment with respect to other products, the Members contracting parties concerned shall endeavour to maintain a general level of reciprocal and mutually advantageous commitments concessions not less favourable to trade than that provided for in Schedules of specific commitments this Agreement prior to such negotiations. (b) Compensatory adjustments shall be made on a most-favoured-nation basis. (a) If agreement is not reached between the modifying Member 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 6 By the Decision of 23 March 1965, the CONTRACTING PARTIES changed the title of the head of the GATT secretariat from "Executive Secretary" to "Director-General". principal supplying interest and any affected Member before 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 end expiration of thirty days from the period provided for negotiationsday on which written notice of such withdrawal is received by the CONTRACTING PARTIES, such affected Member may refer substantially equivalent concessions initially negotiated with the matter to arbitration. Any affected Member that wishes to enforce a right that it may have to compensation must participate in the arbitrationapplicant contracting party. (b) If no affected Member has requested arbitrationagreement 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, the modifying Member such other contracting party shall be free free, not later than six months after action under such agreement is taken, to implement withdraw, upon the proposed 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. 4. The CONTRACTING PARTIES may, at any time, in special circumstances, authorize* a contracting party to enter into negotiations for modification or withdrawal.withdrawal of a concession included in the appropriate Schedule annexed to this Agreement subject to the following procedures and conditions: (a) The modifying Member may not modify or withdraw its commitment until it has made compensatory adjustments Such negotiations* and any related consultations shall be conducted in conformity accordance with the findings provisions of the arbitrationparagraph 1 and 2 of this Article. (b) If agreement between the modifying Member implements its proposed modification 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 withdrawal within such longer period as the CONTRACTING PARTIES may have prescribed, the applicant contracting party may refer the matter to the CONTRACTING PARTIES. (d) Upon such reference, the CONTRACTING PARTIES shall promptly examine the matter and does not comply submit their views to the contracting parties primarily concerned with the findings aim of achieving a settlement. If a settlement is reached, the arbitrationprovisions 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, any affected Member that participated in the arbitration may 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 benefits in conformity concessions initially negotiated with those findings. Notwithstanding Article II, such a modification or withdrawal may be implemented solely with respect to the modifying Memberapplicant contracting party. 5. The Council 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 Trade the duration of the next period, to modify the appropriate Schedule in Services accordance with the procedures of paragraph 1 to 3. If a contracting party so elects, other contracting parties shall establish procedures for rectification have the right, during the same period, to modify or modification of Schedules. Any Member which has modified or withdrawn scheduled commitments under this Article shall modify its Schedule according to such withdraw, in accordance with the same procedures, concessions initially negotiated with that contracting party.

Appears in 2 contracts

Sources: General Agreement on Tariffs and Trade (Gatt), General Agreement on Tariffs and Trade (Gatt)

Modification of Schedules. (a) A Member Party (referred to in this Article as the "modifying Member"Party”) may modify or withdraw any commitment in its Schedule, at any time after three years have elapsed from the date on which that commitment entered into force, in accordance with the provisions of this Article. (b) A modifying Member Party shall notify its intent to modify or withdraw a commitment pursuant to this Article to the Council for Trade in Services Joint Committee no later than three months before the intended date of implementation of the modification or withdrawal. (a) At the request of any Member the Party whose benefits of which under this Agreement may be affected (referred to in this Article as an "affected MemberParty") by a proposed modification or withdrawal notified under subparagraph paragraph 1(b), the modifying Member Party shall enter into negotiations with a view to reaching agreement on any necessary compensatory adjustment. In such negotiations and agreement, the Members Parties concerned shall endeavour to maintain a general level of mutually advantageous commitments not less favourable to trade than that provided for in Schedules of specific commitments prior to such negotiations. (b) Compensatory adjustments shall be made on a most-favoured-nation basis. (a) If agreement is not reached between the modifying Member Party and any affected Member Party before the end of the period provided for negotiations, such affected Member Party may refer the matter to arbitrationthe Joint Committee. Any affected Member Party that wishes to enforce a right that it may have to compensation must participate in meetings that may be convened by the arbitrationJoint Committee to resolve this matter. (b) If no affected Member Party has requested arbitrationthe intervention of the Joint Committee, the modifying Member Party shall be free to implement the proposed modification or withdrawal. (a) The modifying Member Party may not modify or withdraw its commitment until it has made compensatory adjustments in conformity with the findings of the arbitrationJoint Committee. (b) If the modifying Member Party implements its proposed modification or withdrawal and does not comply with the findings recommendations of the arbitrationJoint Committee, any affected Member Party that participated in the arbitration Joint Committee’s meetings may modify or withdraw substantially equivalent benefits in conformity with those findings. Notwithstanding Article II3, such a modification or withdrawal may be implemented solely with respect to the modifying MemberParty. 5. The Council for Trade in Services Joint Committee shall establish procedures for the rectification or modification of Schedules. Any Member Party which has modified or withdrawn scheduled commitments under this Article shall modify its Schedule according to such procedures.

Appears in 1 contract

Sources: Free Trade Agreement

Modification of Schedules. (a) A Member (referred to in this Article as the "modifying Member") may modify or withdraw any commitment in its Schedule, at any time after three years have elapsed from the date on which that commitment entered into force, in accordance with the provisions of this Article. (b) A modifying Member shall notify its intent to modify or withdraw a commitment pursuant to this Article to the Council for Trade in Services no later than three months before the intended date of implementation of the modification or withdrawal. (a) At the request of any Member the benefits of which under this Agreement may be affected (referred to in this Article as an "affected Member") by a proposed modification or withdrawal notified under subparagraph 1(b), the modifying Member shall enter into negotiations with a view to reaching agreement on any necessary compensatory adjustment. In such negotiations and agreement, the Members concerned shall endeavour to maintain a general level of mutually advantageous commitments not less favourable to trade than that provided for in Schedules of specific commitments prior to such negotiations.Members (b) Compensatory adjustments shall be made on a most-favoured-nation basis. (a) If agreement is not reached between the modifying Member and any affected Member before the end of the period provided for negotiations, such affected Member may refer the matter to arbitration. Any affected Member that wishes to enforce a right that it may have to compensation must participate in the arbitration. (b) If no affected Member has requested arbitration, the modifying Member shall be free to implement the proposed modification or withdrawal. (a) The modifying Member may not modify or withdraw its commitment until it has made compensatory adjustments in conformity with the findings of the arbitration. (b) If the modifying Member implements its implementsits proposed modification or modificationor withdrawal and does not comply with the findings of the arbitration, any affected Member that participated in the arbitration may modify or withdraw substantially equivalent benefits in conformity with those findings. Notwithstanding Article II, such a modification or withdrawal may be implemented solely with respect to the modifying Member. 5. The Council for Trade in Services shall establish procedures for rectification or modification of Schedules. Any Member which has modified or modifiedor withdrawn scheduled commitments under this Article shall modify its Schedule according to such procedures.

Appears in 1 contract

Sources: General Agreement on Trade in Services