Notification requirements

Agreement on Rules of Origin

This section of the Handbook on Notification Requirements covers the notification obligations under the RULES OF ORIGIN. It consists of the following five parts:

For Members which acceded pursuant to Article XII of the Marrakesh Agreement, their respective Protocols of Accession may contain notification obligations in addition to those set out in the WTO Agreements, and may govern the deadlines for the submission of their initial notifications.

PART 1 | OVERVIEW OF NOTIFICATION REQUIREMENTS

WHAT MUST BE NOTIFIED?

According to the WTO Agreement on Rules of Origin, both preferential and non-preferential rules of origin must be notified to the Secretariat.

In relation to preferential rules of origin, both reciprocal (applied in the context of regional trade agreements) and non-reciprocal (used in the context of GSP) rules of origin must be notified. In addition, preferential rules of origin which are applied in the context of non-reciprocal trade preferences for least-developed countries must be notified using a detailed notification template agreed to by the Committee on Rules of Origin.

WHICH MEMBERS MUST NOTIFY?

All Members must notify their preferential and their non-preferential rules of origin to the Secretariat. Members who do not apply non-preferential rules of origin must also submit a notification stating so.

In the case of non-reciprocal preferential rules of origin, only those Members who have implemented such preferences for LDCs must submit a notification.

In relation to preferential rules of origin (applied in the context of regional trade agreements), a single notification can be made. In other words, there is no need to prepare a notification to the CRO if a notification covering preferential trade agreements and rules of origin has been submitted to the Committee on Trade and Development (CTD) or to the Committee on Regional Trade Agreements (CRTA).

WHEN TO NOTIFY?

Regarding non-preferential rules, the Agreement requires all WTO Members to notify, within 90 days of entry into force of the WTO Agreement for themselves, rules of origin, judicial decisions and administrative rulings of general application relating to rules of origin in effect on that date. Subsequently, all WTO Members are required to publish new or modified rules of origin (Article 5.2).

Regarding preferential rules, the Agreement requires all WTO Members to notify promptly rules of origin (indicating the preferential agreements to which they apply), judicial decisions, and administrative rulings of general application. WTO Members are also required to notify any subsequent modifications to existing preferential rules of origin or the introduction of new rules of origin.

HOW TO NOTIFY?¹

There is currently no agreed format for notifications on non-preferential rules of origin. However, the practice has been to include an Internet link to a webpage where the full legislation can be found. Alternatively, a copy of the legislation implementing non- preferential origin requirements can be sent to the Secretariat. If the legislation being notified is not in a WTO working language, Members should include e description or summary of the requirements in an WTO working language. Notifications of preferential rules of origin which are applied in the context of non- reciprocal trade preferences for least-developed countries must be notified using a detailed notification template agreed to by the Committee on Rules of Origin. The template is contained in document G/RO/84. Notifications are circulated under the symbol G/RO/LDC/Member-name.

PART 2 | LISTING OF THE NOTIFICATION OBLIGATIONS

	WHAT MUST BE NOTIFIED?		WHICH MEMBERS MUST NOTIFY?	WHEN TO NOTIFY?		HOW TO NOTIFY?
	Notification requirements	Type of measure	Members notifying	Periodicity	Comments on Periodicity	Format	To whom²	Notification Symbol
1.	Agreement on Rules of Origin, Article 5.1.	Existing non- preferential rules of origin; judicial decisions and administrative rulings of general application relating to non- preferential rules of origin. (Changes must be published promptly).	All WTO Members	One time	Within 90 days of the date of entry into force of the WTO Agreement for the Member concerned.	No³ (Legislation should be accompanied by a summary in one of the WTO working languages G/RO/1).	Committee on Rules of Origin.	G/RO/N/*
2.	Agreement on Rules of Origin, Annex II, paragraph 4.	Existing preferential rules of origin; judicial decisions and administrative rulings of general application relating to preferential rules of origin (comprehensive notification of all rules applied).	All WTO Members	Ad hoc	Promptly after entry into force of the WTO Agreement for the Member concerned.	No³ (Legislation should be accompanied by a summary in one of the WTO working languages G/RO/1).	Committee on Rules of Origin (or CRTA or CTD).	G/RO/N/*
3.	Agreement on Rules of Origin, Annex II, paragraph 4.	Changes in preferential rules of origin; new preferential rules of origin.	All WTO Members	Ad hoc	As soon as possible.	No³ (Legislation should be accompanied by a summary in one of the WTO working languages G/RO/1).	Committee on Rules of Origin (or CRTA or CTD).	G/RO/N/*
4.	2015 Ministerial Decision on preferential rules of origin for LDCs (WT/L/917/Add.1), Paragraph 4.3.	Preferential rules of origin and origin requirements applied to LDCs in (non-reciprocal) trade preferences.	All preference-granting Members (LDC schemes).	One time	By 30 June 2017 or promptly thereafter.	Yes (Template in G/RO/84. Notification must be in an official WTO language but no obligation to provide translated legislation).	Committee on Rules of Origin.	G/RO/LDC/*

PART 3 | RELEVANT DOCUMENT(S) CONCERNING GUIDELINES AND FORMATS

Notifications Procedures- Agreement by the Committee on Rules of Origin at its meeting on 4 April 1995 G/RO/1.

Template for the notification of preferential Rules of Origin for least developed countries– Decision adopted by the Committee on 2 March 2017 G/RO/84.

PART 4 | LIST OF NOTIFICATIONS SINCE 1995

All notifications on non-preferential rules of origin can be found on the Rules of Origin page of the WTO website section "Notifications".

For rules which apply under reciprocal trade preferences, the obligation is reiterated and elaborated in the Transparency Mechanism for Regional Trade Agreements (WT/L/671). Notifications received by the Secretariat can be retrieved in the WTO RTA database.

For rules which apply under non-reciprocal trade preferences, the obligation is reiterated and elaborated in the Transparency Mechanism for Preferential Trade Arrangements (WT/L/806). Notifications received by the Secretariat can be retrieved in the WTO PTA database.

PART 5 | TEXT OF THE WTO AGREEMENT ON RULES OF ORIGIN AND OF THE 2013 AND 2015 MINISTERIAL DECISIONS ON PREFERENTIAL RULES OF ORIGIN FOR LEAST-DEVELOPED COUNTRIES (LDCs)

Agreement on Rules of Origin LT/UR/A-1A/7.

2013 Ministerial Decision on Preferential Rules of Origin for Least-Developed Countries (LDCs) WT/MIN(13)/42.

2015 Ministerial Decision on Preferential Rules of Origin for Least-Developed Countries (LDCs) WT/MIN(15)/W/48/*.

Notes

¹ All notifications, regardless of their subject content or the requirement under which they are being submitted, must be directed to the administrator of the Central Registry of Notifications (CRN), as indicated in document WT/INF/25/Rev.2. Notifications may be submitted through online submission systems, as electronic attachments to emails or on paper. As it may be practice, a copy of the notification may be sent to the Secretariat unit substantially handling the notification.

² All notifications, regardless of their subject content or the requirement under which they are being submitted, must be directed to the administrator of the Central Registry of Notifications (CRN), as indicated in document WT/INF/25/Rev.2. Notifications may be submitted through online submission systems, as electronic attachments to emails or on paper. As it may be practice, a copy of the notification may be sent to the Secretariat unit substantially handling the notification.

³ The practice by Members has been to notify the title of legislation only and include an internet link where the full legislation can be found.