The integration process is laid down in ATC Article 2 and stipulates how
Members shall integrate the products listed in the Annex into the rules of GATT
1994 over the 10-year period. This process is to be carried out progressively in
three stages (3 years, 4 years, 3 years) with all products standing integrated
at the end of the 10-year period. The first stage began on 1 January 1995 with
the integration by Members of products representing not less than 16 per cent of
that Member's total 1990 imports of all the products in the Annex. At stage 2,
on 1 January 1998, not less than a further 17 per cent was integrated. At stage
3, on 1 January 2002, not less than a further 18 per cent will be integrated.
Finally at the end, on 1 January 2005, all remaining products (amounting up to
49 per cent of 1990 imports into a Member) will stand integrated and the
Agreement terminates. Each importing Member decides itself which products it
will integrate at each stage to reach these thresholds. The only constraint is
that the integration list must encompass products from each of the four
groupings: tops and yarns, fabrics, made-up textile products and clothing.
The four WTO Members which maintained import restrictions under the former
MFA (Canada, EC, Norway and the US) were required to undertake this integration
process and to notify to the TMB the first phase of their programmes of
integration by 1 October 1994. Other WTO Members were required, first, to notify
the TMB if they wished to retain the right to use the transitional safeguard
mechanism in the ATC (Article 6.1) and, if so, to provide their first stage
integration lists. Fifty-five Members chose to retain this right and most of
them provided lists of products for integration. Nine Members, Australia, Brunei
Darussalam, Chile, Cuba, Hong Kong, Iceland, Macau, New Zealand and Singapore
decided not to maintain the right to use the ATC safeguard mechanism. They are
deemed to have integrated 100 per cent at the outset.
Concurrent with the integration process, there is a programme for
liberalizing the existing restrictions, that is, for enlarging the bilateral
quotas carried over from the former MFA on 1 January 1995 (Article 2.1) until
such time as the products are integrated into GATT, at which time the quotas
terminate. These former MFA quotas, when carried over into the ATC on 1 January
1995, represented the starting point for an automatic liberalization process set
out in Article 2, paragraphs 12-16. The former MFA growth rates applicable to
each of these quotas were increased on 1 January 1995 by a factor of 16 per cent
for the first stage of the Agreement and the new growth rate was applied
annually. The stage 1 growth rate was further increased by a factor of 25 per
cent for the second stage on 1 January 1998; and will be increased by a further
27 per cent for the last stage beginning 1 January 2002. To illustrate this
process, a 6 per cent growth rate under the MFA in 1994 became 6.9 per cent
under the ATC and applied each year 1995/96/97; then it was increased to 8.7 per
cent for each year 1998/99/2000/01; and then will be increased to 11.05 per cent
for 2002/3/4. For small suppliers (as defined in Article 2.18) the growth
factors (16 per cent, 25 per cent, 27 per cent) are to be advanced by one stage.
Quotas will be eliminated either when the products concerned are integrated into
GATT at one of the stages or at the end of the transition on 1 January 2005.
There are additional provisions in Article 2 for early removal of quotas and
integration of products.
Article 3 deals with quantitative restrictions (or measures with similar
effect) other than those under the MFA. Members which had such restrictions in
place, which could not be justified under a GATT provision, were required either
to bring them into conformity with GATT rules or phase them out within the ten
year transitional period, according to a plan to be submitted by the restraining
Member to the Textiles Monitoring Body. There is no obligation to eliminate
restrictions that are permitted under GATT rules.
A key aspect of the ATC is the provision in Article 6 for a special
transitional safeguard mechanism intended to protect Members against damaging
surges in imports during the transition period from products which have not yet
been integrated into GATT and which are not already under quota. This clause is
based on a two-tiered approach - first, the importing Member must determine that
total imports of a specific product are causing serious damage, or actual threat
thereof, to its domestic industry and second, it must then decide to which
individual Member(s) this serious damage can be attributed. Specific criteria
and procedures are set out for each step. The importing Member must then seek
consultations with the exporting Member(s). Such safeguard measures may be
applied on a selective, country-by-country basis by mutual agreement or, if
agreement is not reached through the consultation process within 60 days, by
unilateral action. The quota may not be lower than the actual level of imports
for that exporting country during a recent 12 month period, and the action taken
may remain in place for up to three years only. If the measure is in place for
more than one year, growth shall, with one exception, be no less than 6 per
cent. In practice, the special safeguard was invoked on 24 occasions in 1995 by
the United States, 8 times in 1996 (Brazil 7, US 1), 2 times in 1997 by the
United States, and 10 times in 1998 (Colombia 9, US 1).
Article 5 of the ATC contains rules and procedures concerning circumvention
of the quotas through transshipment, re-routing, false declaration of origin, or
falsification of official documents. These require, inter alia, consultation and
full cooperation in the investigation of such practices by Members concerned.
When sufficient evidence is available, possible recourse might include the
denial of entry of goods. There is also a provision whereby all Members should
establish, consistent with their domestic laws and procedures, the necessary
legal provisions and/or administrative procedures to address and take action
against circumvention.
Administration of restrictions during the transition period will remain with
the exporting Members and any changes in practices, rules or procedures shall be
subject to consultations with a view to reaching mutually acceptable solutions
(Article 4).
Provisions relating to the commitments undertaken in all areas of the Uruguay
Round as they relate to textiles and clothing require that all Membersˇ°shall
take such actions as may be necessaryˇ±to abide by these rules and disciplines so
as to achieve improved market access, to ensure the application of fair and
equitable trading conditions and to avoid discrimination against textiles and
clothing imports (Article 7). If an exporting Member is found not to be
complying with its obligations, the Dispute Settlement Body or the Council for
Trade in Goods may authorize an adjustment to the quota growth for that country
which is otherwise an automatic growth.