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Relevant Wto Jurisprudence

had never been considered to be, a provision prohibiting such restrictions
irrespective of the circumstances specific to each case. This argument was,
however, rejected in an adopted panel report EEC – Imports from Hong
Kong.

Participants in the Uruguay Round recognized the overall detrimental effects
of nontariff border restrictions (whether applied to imports or exports)
and the need to favour more transparent price-based, i.e. tariff-based,
measures; to this end they devised mechanisms to phase-out quantitative
restrictions in the sectors of agriculture and textiles and clothing. This
recognition is reflected in the GATT 1994 Understanding on Balance-of-
Payments Provisions1 , the Agreement on Safeguards 2 , the Agreement
on Agriculture where quantitative restrictions were eliminated3 and the
Agreement on Textiles and Clothing (further discussed below) where MFA
derived restrictions are to be completely eliminated by 2005.

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