Decreto Legislativo nº 80 de 15/12/1952. APROVA, NOS TERMOS DA COPIA ANEXA, O TEXTO DO PROTOCOLO AO ACORDO GERAL SOBRE TARIFAS ADUANEIRAS E COMERCIO, FIRMADO PELO BRASIL NA CIDADE DE TORQUAY, INGLATERRA, EM 21 DE ABRIL DE 1951.
Faço saber que o CONGRESSO NACIONAL decreta, nos termos do art. 66, item I, da CONSTITUIÇÃO federal, e eu promulgo o seguinte
decreto legislativo nº 80, de 1952.
É aprovado, nos termos da cópia a este anexa, o texto do Protocolo ao Acordo Geral sobre Tarifas Aduaneiras e Comércio, firmado pelo Brasil na cidade de Torquay, Inglaterra, em 21 de abril de 1951.
Revogam-se as disposições em contrário.
SENADO FEDERAL, em 15 de dezembro de 1952.
João Café Filho
PRESIDENTE do SENADO FEDERAL
torquay protocol to the general agreement on tafiffs and trade
The Governments which are contracting parties to the General Agreement on Tariffs and Trade on the date of this Protocol (hereinafter called “the present contracting parties” and “the General Agreement” respectively), the Governaments of the Republic of Austria, the Federal Philippines and the Republic of Turkey (hereinafter called the acceding governments”), and the Oriental Republic of Urugay, which may accede to the General agreement under the annecy Protocol of Terms of accession inm accordance with the decision of the CONTRACTING PARTIES of November 9, 1950 (hereinafter called “Uruguay”),
HAVING REGARD to the representatives agreed as follows:
HAVE through their representatives agreed as follows:
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(a) Each of the acceding governments, with respect to the accession of wich a decision under Article XXXIII of the General Agreement has been taken shall, upon entry into of this Protocol with respec to it pursuant to paragrauph 11, apply provisionally and subject to the provision of this Protocol:
(i) Parts I and III of the General Agreement, and
(ii) Part II of the General Agreement to the fullest extent not inconsistent with its legislation existing on the date of this Protocol.
b) The obligations incorporated in paragraph 1 of Article I of the the General agreement by reference to Article III thereof and those incorpoted in paragraph 2 (b) of Article II by reference those incorporated in paragraph 2 (b) of Article II by reference to Article VI shall be considered as falling within Part II of the General Ag(c) For the puroposes of the General Agreement, the Schedules contained in Annex b upon their entry into force pursuant to paragraph 11 shall be regarded as schedules to the General Agreement relating to acceding governments.
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Upon the entry into force of this Protocol with respect to each acced ing government, pursuant 11 hereof, that government shall become a contracting party as defined in Article XXXII of the General Agreement.
reement for the purpose of this paragraph.
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a) on the tritierth doy following the day upon which tis protocol shall have been signed by a parent contracting party or urugay or on the forty-sixth day following the date of this protocol,whichever is the late the schedule relating to that contracting party or Uruguay contaned in annex Ashall enter into force.
b) postions of the schedules contained in annex a winch are the result of negatiations and agreement pursuant to paragraph 1 of article XXVIII of the general agreement may be made effective ,by agreement of the negotiating parties ,after the date of this protocol and prior to the date determinned pursuat to subparagraph ( a ) PROVIDED THAT .
i) compesatory adjustments negotiated in return for withdrawals of or reductions in concessions contrained in the existing schedules to the general Agreement may not be made effective later than such withadrawals or reductions ,and
ii) any govenment proposing to make a portion of its schedule effective pursuant to this subparagraph shall give the secretary-general of the united nation at least thirty days’ notice of the date on wich the proposed actiom will become effective .
c) portions of the schudules contained in annex a wich are result of negatiations and agreement pursant to procedures established by the contracting parties may be made efferctive ,by agreement of the negatiations parties prior to the date determined pursuant to subparagraph ( a ) ,provided that compesatory adjustment negatiated in the exiting schedules to the General Agreement may not be made effertive later than such withdraqals or reductions .
d) when a schuedule has entered into force pursuant to subparagraph ( a ) or when any portion of shedule has been made affertive pursuant to suparagraph ( b ) or ( c ) such schedule or portion ( together witha all provisions of the general Agrrement relating to the gonvernment in question . In the case of any defferrece between the treatment provided for a product in a schedule contained in na existing schedule to the general Agreement relating to the same government the treatment provided in the schedule contained in annex a shall prevail when and so long as effect is give thereto pursuant to the provision of this protocol.
e) for the purposes of this protocol the ‘’existing schedules to the general Agreement ‘’ shall mean the schedules annexed to the genaral Agreement and to the annecy protocol of terms of Accession ,as modified by :( i) any protocol relating to their rectification or modification or (ii) any other action ,wich was effective on september 28 ,1950 ,take pursuant to a specifi provision of the general Agreement or to procedures established by the CONTRACTING PARTIES .
4 Any government wich has signed this protocol shall be free at any time to withhold or to withdraw in whole or in part any concession ,provided in the appropriate schedule annexed to this protocol in respect of wich such governmente determines that it was initially negotiated with a government which has not signed this protocol, provided that
( i ) the goverment withholding or withdrawing in whole or in part any such concession shall give notice to all contrating parties acceding goverments and Uruguay within thirty days after the date of such withholding or withdrawal and ,upon requeste ,shall consult winth any contracting party having asubstantial interest in a product involved ;
(ii) any such withholding or withdrawal shall cease to be effective on the thitieth day following the day upon wich the governmante which it was initially negotieted signs this protocol;and
(iii) this paragraph shall not authorize the withdrawal or withholding of any compensatory adjustment resulting from any negotiations and agreement described in subparagraph ( b ) and ( c ) of paragraph ,unless all withdrawals of or reductions in concessions contained in the existing schedules to the general Agreement , in return for which such compensatory adjustments were negotiated ,are withheld or withdrawn for the same period of time .
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( a) In each case in wich article II of the general Agreement refers to the date of that Agreement ,the applicable date in respect of the schedules annexed to this protocol shall be the date of this protocol.
(b) In each case in which paragraph 6 of article V subparagraph 4
(d) of artticle VII ,and subparagraph 3 ( c) of article X of the general Agreement refer to the date of that Agreement ,the applicable date in respect of each aceeding governmente shall be march 24, 1948 .
( c ) .In the case of the references in paragraph 11 of article XVIII of the general Agreement to september 1, 1947 ,the applocable dates in respect to each acceding government shall be november 1, 1950 and january 15,1951 respectively .
(d ) .in the case of the reference in paragraph 1 of article XXVIII of the general Agreement to january 1 , 1951 the applicabe date in respect of the schedules anenexed to this protocol shall be january 1 , 1954 .
6) (a) the text of paragraph 1 of article XXVIII of the general Agreement shall be amended by the deletion of ‘’on or after january 1 , 1951’’ and the substitution therefor of ‘’on or after january 1 , 1954’’
( b ) Signate of this protocol in accordance with paragraph 10 shall be deemed to constitute the deposit of na instrumento of acceptance of the amendment set forth in subparagraph ( a ) ,within the meaning of article XXX , paragraph 2 , of the general Agreement .
( c ) the amendment set forth subparagraph (a) shall become effective ,in accordance with article XXX , paragraph 1 , of the general Agreement ,when this protocol shall have been signed by two- thirds of the government which are at time contracting parties.
( d ) Notwithstannding the provisions of subparagraph ( c ) ,the amendmente...
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