土耳其 - 限制纺织品进口和服装产品

发布时间：2016-03-18 09:24

I. Introduction介绍

1.从专家组报告的法律和法律解释中的一些问题提出上诉土耳其，土耳其 - 对纺织品和服装产品（“小组报告”）的进口限制。该小组的成立是为了审议关于印度土耳其对印度纺织品和服装产品的进口引进数量限制的投诉。
2. 1995年3月6日，土耳其-EC协会理事会通过了决定1/95，其中规定了规则实施土耳其和欧洲共同体之间的关税同盟的最后阶段。第12（2）本决定规定：
在与关贸总协定土耳其第24条的要求一致将从进入这个决定，基本在纺织部门，包括纺织品和服装贸易的协定或安排相同的商业政策作为社会的力量为适用。
1. Turkey appeals from certain issues of law and legal interpretations in the Panel Report, Turkey – Restrictions on Imports of Textile and Clothing Products (the "Panel Report").   The Panel was established to consider a complaint by India regarding quantitative restrictions introduced by Turkey on imports of Indian textile and clothing products.
2. On 6 March 1995, the Turkey-EC Association Council adopted Decision 1/95 , which sets out the rules for implementing the final phase of the customs union between Turkey and the European Communities.  Article 12(2) of this Decision states:

In conformity with the requirements of Article XXIV of the GATT Turkey will apply as from the entry into force of this Decision, substantially the same commercial policy as the Community in the textile sector including the agreements or arrangements on trade in textile and clothing.

为了应用它认为是“大致相同的商业政策”作为贸易的纺织品和服装在欧盟，土耳其介绍，截至1996年1月1日，来自印度的19类纺织品和服装产品的进口数量限制。
印度小组审议声称，土耳其引入的数量限制为与第XI和GATT 1994年第十三，以及纺织品和服装（以下简称“ATC”），该协议第2.4条不一致。在专家组报告，在1999年5月31日为流传，小组得出的结论是，数量限制是与第XI的GATT 1994年第十三，因此与那些ATC第2.4条的规定，并不符，，拒绝了土耳其的防御引进任何这种否则GATT / WTO不相容的进口限制是由GATT 1994第二十四条允许的。

In order to apply what it considered to be "substantially the same commercial policy" as the European Communities on trade in textiles and clothing, Turkey introduced, as of 1 January 1996, quantitative restrictions on imports from India on 19 categories of textile and clothing products. 
The Panel considered claims by India that the quantitative restrictions introduced by Turkey were inconsistent with Articles XI and XIII of the GATT 1994, and Article 2.4 of the Agreement on Textiles and Clothing (the "ATC").  In the Panel Report, circulated on 31 May 1999, the Panel reached the conclusion that the quantitative restrictions were inconsistent with the provisions of Articles XI and XIII of the GATT 1994 and consequently with those of Article 2.4 of the ATC, and rejected Turkey's defence that the introduction of any such otherwise GATT/WTO incompatible import restrictions is permitted by Article XXIV of the GATT 1994. 
On 26 July 1999, Turkey notified the Dispute Settlement Body (the "DSB") of its intention to appeal certain issues of law covered in the Panel Report and legal interpretations developed by the Panel, pursuant to Article 16.4 of the Understanding on Rules and Procedures Governing the Settlement of Disputes (the "DSU"), and filed a Notice of Appeal pursuant to Rule 20 of the Working Procedures for Appellate Review (the "Working Procedures").  On 5 August 1999, Turkey filed its appellant's submission.   On 20 August 1999, India filed an appellee's submission.   On the same day, Hong Kong, China;  Japan;  and the Philippines filed third participant's submissions. 
The oral hearing in the appeal was held on 14 September 1999.  The participants and third participants presented oral arguments and responded to questions put to them by the Members of the Division hearing the appeal.

I. Introduction 1
II. Arguments of the Participants 2
A. Claims of Error by Turkey – Appellant 2
B. Arguments of India - Appellee 5
III. Arguments of Third Participants 8
A. Hong Kong, China 8
B. Japan 8
C. The Philippines 9
IV. Issue Raised in this Appeal 10
V. Article XXIV of the GATT 1994 10
VI. Findings and Conclusions 18

VI. Findings and Conclusions调查结果和结论

61. For the reasons set out in this report, the Appellate Body concludes that the Panel erred in its legal reasoning by focusing on sub-paragraphs 8(a) and 5(a) and by failing to recognize the crucial role of the chapeau of paragraph 5 in the interpretation of Article XXIV of the GATT 1994, but upholds the Panel's conclusion that Article XXIV does not allow Turkey to adopt, upon the formation of a customs union with the European Communities, quantitative restrictions on imports of 19 categories of textile and clothing products which were found to be inconsistent with Articles XI and XIII of the GATT 1994 and Article 2.4 of the ATC.

62. We wish to point out that we make no finding on the issue of whether quantitative restrictions found to be inconsistent with Article XI and Article XIII of the GATT 1994 will ever be justified by Article XXIV.  We find only that the quantitative restrictions at issue in the appeal in this case were not so justified.  Likewise, we make no finding either on many other issues that may arise under  
Article XXIV.  The resolution of those other issues must await another day.  We do not believe it necessary to find more than we have found here to fulfill our responsibilities under the DSU in deciding this case.
63. The Appellate Body recommends that the DSB request that Turkey bring its measures which the Panel found to be inconsistent with Articles XI and XIII of the GATT 1994 and Article 2.4 of the ATC into conformity with its obligations under these agreements.

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