(三)措施与国内的生产或消费一同实施
在“加拿大影响未加工鲱鱼和鲑鱼出口措施案”中,专家小组认为,只有某一贸易措施主要旨在使这些限制生效时,则该措施才可以视为与生产限制一起生效。在“美国精炼汽油和传统汽油标准案”中,上诉机构进行了进一步阐释,认为“如果该措施与对国内生产或消费的限制一起生效”应适当地理解为要求有关措施不但对进口汽油实施限制,而且对国内汽油实施限制。该款是要求在实施对枯竭性自然资源的生产或消费的限制上的公正。根据上述解释及分析,本条件的适用需证明,对可枯竭的自然资源的生产或消费实施限制时是不偏不倚的。以下是上诉机构的有关说明:
Viewed in this light, the ordinary or natural meaning of ‘made effective’ when used in connection with a measure - a governmental act or regulation -may be seen to refer to such measure being ‘operative’, as ‘in force’, or as having ‘come into effect.’ Similarly, the phrase ‘in conjunction with’ may be read quite plainly as ‘together with’ or ‘jointly with.’ Taken together, the second clause of Article ⅩⅩ(g) appears to us to refer to governmental measures like the baseline establishment rules being promulgated or brought into effect together with restrictions on domestic production or consumption of natural resources. Put in a slightly different manner, we believe that the clause ‘if such measures are made effective in conjunction with restrictions on domestic product or consumption1 is appropriately read as a requirement that the measures concerned impose restrictions, not just in respect of imported gasoline but also with respect to domestic gasoline. The clause is a requirement of even-handedness in the imposition of restrictions, in the name of conservation, upon the production or consumption of exhaustible natural resources.