The Parties to this Agreement,
Recognizing that their relations in the field of trade
and economic endeavour should be conducted with a view
to raising standards of living, ensuring full employment
and a large and steadily growing volume of real income
and effective demand, and expanding the production of
and trade in goods and services, while allowing for the
optimal use of the world's resources in accordance with the
objective of sustainable development, seeking both to
protect and preserve the environment and to enhance the
means for doing so in a manner consistent with their
respective needs and concerns at different levels of
economic development,
Recognizing further that there is need for positive
efforts designed to ensure that developing countries, and
especially the least developed among them, secure a share
in the growth in international trade commensurate with the
needs of their economic development,
Being desirous of contributing to these objectives by
entering into reciprocal and mutually advantageous
arrangements directed to the substantial reduction of tariffs
and other barriers to trade and to the elimination of
discriminatory treatment in international trade relations,
Resolved, therefore, to develop an integrated, more
viable and durable multilateral trading system
encompassing the General Agreement on Tariffs and
Trade, the results of past trade liberalization efforts, and
all of the results of the Uruguay Round of Multilateral
Trade Negotiations,
Determined to preserve the basic principles and to
further the objectives underlying this multilateral trading
system,
Agree as follows:
Article I
Establishment of the Organization
The World Trade Organization (hereinafter referred
to as "the WTO") is hereby established.
Article II
Scope of the WTO
1. The WTO shall provide the common institutional
framework for the conduct of trade relations among its
Members in matters related to the agreements and
associated legal instruments included in the Annexes to
this Agreement.
2. The agreements and associated legal instruments
included in Annexes 1, 2 and 3 (hereinafter referred to as
"Multilateral Trade Agreements") are integral parts of this
Agreement, binding on all Members.
3. The agreements and associated legal instruments
included in Annex 4 (hereinafter referred to as "Plurilateral
Trade Agreements") are also part of this Agreement for
those Members that have accepted them, and are binding
on those Members. The Plurilateral Trade Agreements
do not create either obligations or rights for Members that
have not accepted them.
4. The General Agreement on Tariffs and Trade 1994 as
specified in Annex 1A (hereinafter referred to as
"GATT 1994") is legally distinct from the General
Agreement on Tariffs and Trade, dated 30 October 1947,
annexed to the Final Act Adopted at the Conclusion of the
Second Session of the Preparatory Committee of the
United Nations Conference on Trade and Employment, as
subsequently rectified, amended or modified (hereinafter
referred to as "GATT 1947").
Article III
Functions of the WTO
1. The WTO shall facilitate the implementation,
administration and operation, and further the objectives, of
this Agreement and of the Multilateral Trade Agreements,
and shall also provide the framework for the
implementation, administration and operation of the
Plurilateral Trade Agreements.
2. The WTO shall provide the forum for negotiations
among its Members concerning their multilateral trade
relations in matters dealt with under the agreements in the
Annexes to this Agreement. The WTO may also provide
a forum for further negotiations among its Members
concerning their multilateral trade relations, and a
framework for the implementation of the results of such
negotiations, as may be decided by the Ministerial
Conference.
3. The WTO shall administer the Understanding on
Rules and Procedures Governing the Settlement of
Disputes (hereinafter referred to as the "Dispute Settlement
Understanding" or "DSU") in Annex 2 to this Agreement.
4. The WTO shall administer the Trade Policy Review
Mechanism (hereinafter referred to as the "TPRM")
provided for in Annex 3 to this Agreement.
5. With a view to achieving greater coherence in global
economic policy-making, the WTO shall cooperate, as
appropriate, with the International Monetary Fund and
with the International Bank for Reconstruction and
Development and its affiliated agencies.
Article IV
Structure of the WTO
1. There shall be a Ministerial Conference composed of
representatives of all the Members, which shall meet at
least once every two years. The Ministerial Conference
shall carry out the functions of the WTO and take actions
necessary to this effect. The Ministerial Conference shall
have the authority to take decisions on all matters under
any of the Multilateral Trade Agreements, if so requested
by a Member, in accordance with the specific requirements
for decision-making in this Agreement and in the relevant
Multilateral Trade Agreement.
2. There shall be a General Council composed of
representatives of all the Members, which shall meet as
appropriate. In the intervals between meetings of the
Ministerial Conference, its functions shall be conducted by
the General Council. The General Council shall also
carry out the functions assigned to it by this Agreement.
The General Council shall establish its rules of procedure
and approve the rules of procedure for the Committees
provided for in paragraph 7.
3. The General Council shall convene as appropriate to
discharge the responsibilities of the Dispute Settlement
Body provided for in the Dispute Settlement
Understanding. The Dispute Settlement Body may have
its own chairman and shall establish such rules of
procedure as it deems necessary for the fulfilment of those
responsibilities.
4. The General Council shall convene as appropriate to
discharge the responsibilities of the Trade Policy Review
Body provided for in the TPRM. The Trade Policy
Review Body may have its own chairman and shall
establish such rules of procedure as it deems necessary for
the fulfilment of those responsibilities.
5. There shall be a Council for Trade in Goods, a
Council for Trade in Services and a Council for
Trade-Related Aspects of Intellectual Property Rights
(hereinafter referred to as the "Council for TRIPS"), which
shall operate under the general guidance of the General
Council. The Council for Trade in Goods shall oversee
the functioning of the Multilateral Trade Agreements in
Annex 1A. The Council for Trade in Services shall
oversee the functioning of the General Agreement on
Trade in Services (hereinafter referred to as "GATS").
The Council for TRIPS shall oversee the functioning of the
Agreement on Trade-Related Aspects of Intellectual
Property Rights (hereinafter referred to as the "Agreement
on TRIPS"). These Councils shall carry out the functions
assigned to them by their respective agreements and by the
General Council. They shall establish their respective
rules of procedure subject to the approval of the General
Council. Membership in these Councils shall be open to
representatives of all Members. These Councils shall
meet as necessary to carry out their functions.
6. The Council for Trade in Goods, the Council for
Trade in Services and the Council for TRIPS shall
establish subsidiary bodies as required. These subsidiary
bodies shall establish their respective rules of procedure
subject to the approval of their respective Councils.
7. The Ministerial Conference shall establish a
Committee on Trade and Development, a Committee on
Balance-of-Payments Restrictions and a Committee on
Budget, Finance and Administration, which shall carry out
the functions assigned to them by this Agreement and by
the Multilateral Trade Agreements, and any additional
functions assigned to them by the General Council, and
may establish such additional Committees with such
functions as it may deem appropriate. As part of its
functions, the Committee on Trade and Development shall
periodically review the special provisions in the
Multilateral Trade Agreements in favour of the
least-developed country Members and report to the
General Council for appropriate action. Membership in
these Committees shall be open to representatives of all
Members.
8. The bodies provided for under the Plurilateral Trade
Agreements shall carry out the functions assigned to them
under those Agreements and shall operate within the
institutional framework of the WTO. These bodies shall
keep the General Council informed of their activities on a
regular basis.
Article V
Relations with Other Organizations
1. The General Council shall make appropriate
arrangements for effective cooperation with other
intergovernmental organizations that have responsibilities
related to those of the WTO.
2. The General Council may make appropriate
arrangements for consultation and cooperation with
non-governmental organizations concerned with matters
related to those of the WTO.
Article VI
The Secretariat
1. There shall be a Secretariat of the WTO (hereinafter
referred to as "the Secretariat") headed by a Direc-
tor-General.
2. The Ministerial Conference shall appoint the
Director-General and adopt regulations setting out the
powers, duties, conditions of service and term of office of
the Director-General.
3. The Director-General shall appoint the members of
the staff of the Secretariat and determine their duties and
conditions of service in accordance with regulations
adopted by the Ministerial Conference.
4. The responsibilities of the Director-General and of the
staff of the Secretariat shall be exclusively international in
character. In the discharge of their duties, the
Director-General and the staff of the Secretariat shall not
seek or accept instructions from any government or any
other authority external to the WTO. They shall refrain
from any action which might adversely reflect on their
position as international officials. The Members of the
WTO shall respect the international character of the
responsibilities of the Director-General and of the staff of
the Secretariat and shall not seek to influence them in the
discharge of their duties.
Article VII
Budget and Contributions
1. The Director-General shall present to the Committee
on Budget, Finance and Administration the annual budget
estimate and financial statement of the WTO. The
Committee on Budget, Finance and Administration shall
review the annual budget estimate and the financial
statement presented by the Director-General and make
recommendations thereon to the General Council. The
annual budget estimate shall be subject to approval by the
General Council.
2. The Committee on Budget, Finance and Ad-
ministration shall propose to the General Council financial
regulations which shall include provisions setting out:
(a) the scale of contributions apportioning the
expenses of the WTO among its Members;
and
(b) the measures to be taken in respect of
Members in arrears.
The financial regulations shall be based, as far as
practicable, on the regulations and practices of
GATT 1947.
3. The General Council shall adopt the financial regula-
tions and the annual budget estimate by a two-thirds
majority comprising more than half of the Members of the
WTO.
4. Each Member shall promptly contribute to the WTO
its share in the expenses of the WTO in accordance with
the financial regulations adopted by the General Council.
Article VIII
Status of the WTO
1. The WTO shall have legal personality, and shall be
accorded by each of its Members such legal capacity as
may be necessary for the exercise of its functions.
2. The WTO shall be accorded by each of its Members
such privileges and immunities as are necessary for the
exercise of its functions.
3. The officials of the WTO and the representatives of
the Members shall similarly be accorded by each of its
Members such privileges and immunities as are necessary
for the independent exercise of their functions in
connection with the WTO.
4. The privileges and immunities to be accorded by a
Member to the WTO, its officials, and the representatives
of its Members shall be similar to the privileges and
immunities stipulated in the Convention on the Privileges
and Immunities of the Specialized Agencies, approved by
the General Assembly of the United Nations on 21
November 1947.
5. The WTO may conclude a headquarters agreement.
Article IX
Decision-Making
1. The WTO shall continue the practice of
decision-making by consensus followed under
GATT 1947. Except as otherwise provided, where a
decision cannot be arrived at by consensus, the matter at
issue shall be decided by voting. At meetings of the
Ministerial Conference and the General Council, each
Member of the WTO shall have one vote. Where the
European Communities exercise their right to vote, they
shall have a number of votes equal to the number of their
member States which are Members of the WTO.
Decisions of the Ministerial Conference and the General
Council shall be taken by a majority of the votes cast,
unless otherwise provided in this Agreement or in the
relevant Multilateral Trade Agreement.
2. The Ministerial Conference and the General Council
shall have the exclusive authority to adopt interpretations
of this Agreement and of the Multilateral Trade
Agreements. In the case of an interpretation of a
Multilateral Trade Agreement in Annex 1, they shall
exercise their authority on the basis of a recommendation
by the Council overseeing the functioning of that
Agreement. The decision to adopt an interpretation shall
be taken by a three-fourths majority of the Members.
This paragraph shall not be used in a manner that would
undermine the amendment provisions in Article X.
3. In exceptional circumstances, the Ministerial
Conference may decide to waive an obligation imposed on
a Member by this Agreement or any of the Multilateral
Trade Agreements, provided that any such decision shall
be taken by three fourths of the Members unless
otherwise provided for in this paragraph.
(a) A request for a waiver concerning this
Agreement shall be submitted to the
Ministerial Conference for consideration
pursuant to the practice of
decision-making by consensus. The
Ministerial Conference shall establish a
time-period, which shall not exceed
90 days, to consider the request. If
consensus is not reached during the
time-period, any decision to grant a
waiver shall be taken by three fourths4 of
the Members.
(b) A request for a waiver concerning the
Multilateral Trade Agreements in
Annexes 1A or 1B or 1C and their
annexes shall be submitted initially to the
Council for Trade in Goods, the Council
for Trade in Services or the Council for
TRIPS, respectively, for consideration
during a time-period which shall not
exceed 90 days. At the end of the
time-period, the relevant Council shall
submit a report to the Ministerial
Conference.
4. A decision by the Ministerial Conference granting a
waiver shall state the exceptional circumstances justifying
the decision, the terms and conditions governing the
application of the waiver, and the date on which the waiver
shall terminate. Any waiver granted for a period of more
than one year shall be reviewed by the Ministerial
Conference not later than one year after it is granted, and
thereafter annually until the waiver terminates. In each
review, the Ministerial Conference shall examine whether
the exceptional circumstances justifying the waiver still
exist and whether the terms and conditions attached to the
waiver have been met. The Ministerial Conference, on
the basis of the annual review, may extend, modify or
terminate the waiver.
5. Decisions under a Plurilateral Trade Agreement,
including any decisions on interpretations and waivers,
shall be governed by the provisions of that Agreement.
Article X
Amendments
1. Any Member of the WTO may initiate a proposal to
amend the provisions of this Agreement or the Multilateral
Trade Agreements in Annex 1 by submitting such proposal
to the Ministerial Conference. The Councils listed in
paragraph 5 of Article IV may also submit to the
Ministerial Conference proposals to amend the provisions
of the corresponding Multilateral Trade Agreements in
Annex 1 the functioning of which they oversee. Unless
the Ministerial Conference decides on a longer period, for
a period of 90 days after the proposal has been tabled
formally at the Ministerial Conference any decision by the
Ministerial Conference to submit the proposed amendment
to the Members for acceptance shall be taken by consensus.
Unless the provisions of paragraphs 2, 5 or 6 apply, that
decision shall specify whether the provisions of paragraphs
3 or 4 shall apply. If consensus is reached, the
Ministerial Conference shall forthwith submit the proposed
amendment to the Members for acceptance. If consensus
is not reached at a meeting of the Ministerial Conference
within the established period, the Ministerial Conference
shall decide by a two-thirds majority of the Members
whether to submit the proposed amendment to the
Members for acceptance. Except as provided in
paragraphs 2, 5 and 6, the provisions of paragraph 3 shall
apply to the proposed amendment, unless the Ministerial
Conference decides by a three-fourths majority of the
Members that the provisions of paragraph 4 shall apply.
2. Amendments to the provisions of this Article and to
the provisions of the following Articles shall take effect
only upon acceptance by all Members:
Article IX of this Agreement;
Articles I and II of GATT 1994;
Article II:1 of GATS;
Article 4 of the Agreement on TRIPS.
3. Amendments to provisions of this Agreement, or of
the Multilateral Trade Agreements in Annexes 1A and 1C,
other than those listed in paragraphs 2 and 6, of a nature
that would alter the rights and obligations of the Members,
shall take effect for the Members that have accepted them
upon acceptance by two thirds of the Members and
thereafter for each other Member upon acceptance by it.
The Ministerial Conference may decide by a three-fourths
majority of the Members that any amendment made
effective under this paragraph is of such a nature that any
Member which has not accepted it within a period
specified by the Ministerial Conference in each case shall
be free to withdraw from the WTO or to remain a Member
with the consent of the Ministerial Conference.
4. Amendments to provisions of this Agreement or of
the Multilateral Trade Agreements in Annexes 1A and 1C,
other than those listed in paragraphs 2 and 6, of a nature
that would not alter the rights and obligations of the
Members, shall take effect for all Members upon
acceptance by two thirds of the Members.
5. Except as provided in paragraph 2 above,
amendments to Parts I, II and III of GATS and the
respective annexes shall take effect for the Members that
have accepted them upon acceptance by two thirds of the
Members and thereafter for each Member upon acceptance
by it. The Ministerial Conference may decide by a
three-fourths majority of the Members that any
amendment made effective under the preceding provision
is of such a nature that any Member which has not
accepted it within a period specified by the Ministerial
Conference in each case shall be free to withdraw from the
WTO or to remain a Member with the consent of the
Ministerial Conference. Amendments to Parts IV, V and
VI of GATS and the respective annexes shall take effect
for all Members upon acceptance by two thirds of the
Members.
6. Notwithstanding the other provisions of this Article,
amendments to the Agreement on TRIPS meeting the
requirements of paragraph 2 of Article 71 thereof may be
adopted by the Ministerial Conference without further
formal acceptance process.
7. Any Member accepting an amendment to this
Agreement or to a Multilateral Trade Agreement in Annex
1 shall deposit an instrument of acceptance with the
Director-General of the WTO within the period of
acceptance specified by the Ministerial Conference.
8. Any Member of the WTO may initiate a proposal to
amend the provisions of the Multilateral Trade
Agreements in Annexes 2 and 3 by submitting such
proposal to the Ministerial Conference. The decision to
approve amendments to the Multilateral Trade Agreement
in Annex 2 shall be made by consensus and these
amendments shall take effect for all Members upon
approval by the Ministerial Conference. Decisions to
approve amendments to the Multilateral Trade Agreement
in Annex 3 shall take effect for all Members upon approval
by the Ministerial Conference.
9. The Ministerial Conference, upon the request of the
Members parties to a trade agreement, may decide
exclusively by consensus to add that agreement to Annex 4.
The Ministerial Conference, upon the request of the
Members parties to a Plurilateral Trade Agreement, may
decide to delete that Agreement from Annex 4.
10. Amendments to a Plurilateral Trade Agreement shall
be governed by the provisions of that Agreement.
Article XI
Original Membership
1. The contracting parties to GATT 1947 as of the date
of entry into force of this Agreement, and the European
Communities, which accept this Agreement and the
Multilateral Trade Agreements and for which Schedules of
Concessions and Commitments are annexed to
GATT 1994 and for which Schedules of Specific Com-
mitments are annexed to GATS shall become original
Members of the WTO.
2. The least-developed countries recognized as such by
the United Nations will only be required to undertake
commitments and concessions to the extent consistent with
their individual development, financial and trade needs or
their administrative and institutional capabilities.
Article XII
Accession
1. Any State or separate customs territory possessing
full autonomy in the conduct of its external commercial
relations and of the other matters provided for in this
Agreement and the Multilateral Trade Agreements may
accede to this Agreement, on terms to be agreed between it
and the WTO. Such accession shall apply to this
Agreement and the Multilateral Trade Agreements
annexed thereto.
2. Decisions on accession shall be taken by the
Ministerial Conference. The Ministerial Conference shall
approve the agreement on the terms of accession by a
two-thirds majority of the Members of the WTO.
3. Accession to a Plurilateral Trade Agreement shall be
governed by the provisions of that Agreement.
Article XIII
Non-Application of Multilateral Trade Agreements
between Particular Members
1. This Agreement and the Multilateral Trade
Agreements in Annexes 1 and 2 shall not apply as between
any Member and any other Member if either of the
Members, at the time either becomes a Member, does not
consent to such application.
2. Paragraph 1 may be invoked between original
Members of the WTO which were contracting parties to
GATT 1947 only where Article XXXV of that Agreement
had been invoked earlier and was effective as between
those contracting parties at the time of entry into force for
them of this Agreement.
3. Paragraph 1 shall apply between a Member and
another Member which has acceded under Article XII only
if the Member not consenting to the application has so
notified the Ministerial Conference before the approval of
the agreement on the terms of accession by the Ministerial
Conference.
4. The Ministerial Conference may review the operation
of this Article in particular cases at the request of any
Member and make appropriate recommendations.
5. Non-application of a Plurilateral Trade Agreement
between parties to that Agreement shall be governed by
the provisions of that Agreement.
Article XIV
Acceptance, Entry into Force and Deposit
1. This Agreement shall be open for acceptance, by
signature or otherwise, by contracting parties to GATT
1947, and the European Communities, which are eligible
to become original Members of the WTO in accordance
with Article XI of this Agreement. Such acceptance shall
apply to this Agreement and the Multilateral Trade
Agreements annexed hereto. This Agreement and the
Multilateral Trade Agreements annexed hereto shall enter
into force on the date determined by Ministers in
accordance with paragraph 3 of the Final Act Embodying
the Results of the Uruguay Round of Multilateral Trade
Negotiations and shall remain open for acceptance for a
period of two years following that date unless the
Ministers decide otherwise. An acceptance following the
entry into force of this Agreement shall enter into force on
the 30th day following the date of such acceptance.
2. A Member which accepts this Agreement after its
entry into force shall implement those concessions and
obligations in the Multilateral Trade Agreements that are
to be implemented over a period of time starting with the
entry into force of this Agreement as if it had accepted this
Agreement on the date of its entry into force.
3. Until the entry into force of this Agreement, the text
of this Agreement and the Multilateral Trade Agreements
shall be deposited with the Director-General to the
CONTRACTING PARTIES to GATT 1947. The
Director-General shall promptly furnish a certified true
copy of this Agreement and the Multilateral Trade
Agreements, and a notification of each acceptance thereof,
to each government and the European Communities
having accepted this Agreement. This Agreement and
the Multilateral Trade Agreements, and any amendments
thereto, shall, upon the entry into force of this Agreement,
be deposited with the Director-General of the WTO.
4. The acceptance and entry into force of a Plurilateral
Trade Agreement shall be governed by the provisions of
that Agreement. Such Agreements shall be deposited
with the Director-General to the CONTRACTING
PARTIES to GATT 1947. Upon the entry into force of
this Agreement, such Agreements shall be deposited with
the Director-General of the WTO.
Article XV
Withdrawal
1. Any Member may withdraw from this Agreement.
Such withdrawal shall apply both to this Agreement and
the Multilateral Trade Agreements and shall take effect
upon the expiration of six months from the date on which
written notice of withdrawal is received by the
Director-General of the WTO.
2. Withdrawal from a Plurilateral Trade Agreement shall
be governed by the provisions of that Agreement.
Article XVI
Miscellaneous Provisions
1. Except as otherwise provided under this Agreement
or the Multilateral Trade Agreements, the WTO shall be
guided by the decisions, procedures and customary
practices followed by the CONTRACTING PARTIES to
GATT 1947 and the bodies established in the framework
of GATT 1947.
2. To the extent practicable, the Secretariat of GATT
1947 shall become the Secretariat of the WTO, and the
Director-General to the CONTRACTING PARTIES to
GATT 1947, until such time as the Ministerial Conference
has appointed a Director-General in accordance with
paragraph 2 of Article VI of this Agreement, shall serve as
Director-General of the WTO.
3. In the event of a conflict between a provision of this
Agreement and a provision of any of the Multilateral
Trade Agreements, the provision of this Agreement shall
prevail to the extent of the conflict.
4. Each Member shall ensure the conformity of its
laws, regulations and administrative procedures with its
obligations as provided in the annexed Agreements.
5. No reservations may be made in respect of any
provision of this Agreement. Reservations in respect of
any of the provisions of the Multilateral Trade Agreements
may only be made to the extent provided for in those
Agreements. Reservations in respect of a provision of a
Plurilateral Trade Agreement shall be governed by the
provisions of that Agreement.
6. This Agreement shall be registered in accordance
with the provisions of Article 102 of the Charter of the
United Nations.
DONE at Marrakesh this fifteenth day of April one
thousand nine hundred and ninety-four, in a single copy, in
the English, French and Spanish languages, each text being
authentic.
Explanatory Notes:
The terms "country" or "countries" as used in this Agreement and
the Multilateral Trade Agreements are to be understood to include any
separate customs territory Member of the WTO.
In the case of a separate customs territory Member of the WTO,
where an expression in this Agreement and the Multilateral Trade
Agreements is qualified by the term "national", such expression shall be
read as pertaining to that customs territory, unless otherwise specified.
LIST OF ANNEXES
ANNEX 1
ANNEX 1A: Multilateral Agreements on Trade in
Goods
General Agreement on Tariffs and Trade 1994
Agreement on Agriculture
Agreement on the Application of Sanitary and
Phytosanitary Measures
Agreement on Textiles and Clothing
Agreement on Technical Barriers to Trade
Agreement on Trade-Related Investment Measures
Agreement on Implementation of Article VI of the
General Agreement on Tariffs and Trade 1994
Agreement on Implementation of Article VII of the
General Agreement on Tariffs and Trade 1994
Agreement on Preshipment Inspection
Agreement on Rules of Origin
Agreement on Import Licensing Procedures
Agreement on Subsidies and Countervailing
Measures
Agreement on Safeguards
ANNEX 1B: General Agreement on Trade in Services
and Annexes
ANNEX 1C: Agreement on Trade-Related Aspects of
Intellectual Property Rights
ANNEX 2
Understanding on Rules and Procedures Governing the
Settlement of Disputes
ANNEX 3
Trade Policy Review Mechanism
ANNEX 4
Plurilateral Trade Agreements
Agreement on Trade in Civil Aircraft
Agreement on Government Procurement
International Dairy Agreement
International Bovine Meat Agreement
The body concerned shall be deemed to have decided by consensus
on a matter submitted for its consideration, if no Member, present at the
meeting when the decision is taken, formally objects to the proposed
decision.
The number of votes of the European Communities and their
member States shall in no case exceed the number of the member States
of the European Communities.
Decisions by the General Council when convened as the Dispute
Settlement Body shall be taken only in accordance with the provisions
of paragraph 4 of Article 2 of the Dispute Settlement Understanding.
A decision to grant a waiver in respect of any obligation subject to a
transition period or a period for staged implementation that the
requesting Member has not performed by the end of the relevant period
shall be taken only by consensus.
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