Addendum 16 to the COUNCIL DECISION on the conclusion of the relevant Agreements under Article XXI of the General Agreement on Trade in Services with Argentina, Australia, Brazil, Canada, China, the Separate customs territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), Colombia, Cuba, Ecuador, Hong Kong China, India, Japan, Korea, New Zealand, the Philippines, Switzerland and the United States, on the necessary compensatory adjustments resulting from the accession of Czechia, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden to the European Union - Main contents

Document date	30-11-2018
Publication date	01-12-2018
Reference	14020/18 ADD 16
From	General Secretariat of the Council
External link	original article
Original document in PDF

Council of the European Union

Brussels, 30 November 2018 (OR. en)

14020/18

Interinstitutional File: ADD 16

2018/0384(NLE) i

SERVICES 70 WTO 287

NOTE

From: General Secretariat of the Council

To: Delegations

Subject: Addendum 16 to the COUNCIL DECISION on the conclusion of the relevant Agreements under Article XXI of the General Agreement on Trade in Services with Argentina, Australia, Brazil, Canada, China, the Separate customs territory of Taiwan, Penghu, Kinmen and Matsu (Chinese Taipei), Colombia, Cuba, Ecuador, Hong Kong China, India, Japan, Korea, New Zealand, the Philippines, Switzerland and the United States, on the necessary compensatory adjustments resulting from the accession of Czechia, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden to the European Union

Delegations will find attached addendum 16 to the COUNCIL DECISION on the conclusion of the

relevant Agreements under Article XXI of the General Agreement on Trade in Services with

Argentina, Australia, Brazil, Canada, China, the Separate customs territory of Taiwan, Penghu,

Kinmen and Matsu (Chinese Taipei), Colombia, Cuba, Ecuador, Hong Kong China, India, Japan,

Korea, New Zealand, the Philippines, Switzerland and the United States, on the necessary

compensatory adjustments resulting from the accession of Czechia, Estonia, Cyprus, Latvia,

Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia, Finland and Sweden to the

European Union.

AUTHENTIC VERSION

Joint letter from the European Communities and its Member States on the one part, and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu, on the other part, pursuant to paragraph 5 of the Procedures for the implementation of Article XXI of the General Agreement on Trade in

Services (GATS) (S/L/80 of 29 October 1999)

relating to

the modifications proposed in the GATS Schedules of the European Communities and its Member States (hereafter the EC) to take account of the accession of the Czech Republic, the Republic of

Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Austria, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden to the European Communities

On 28 May 2004 and on 4 April 2005, the EC submitted two respective Communications pursuant to Article V of the GATS (circulated as document S/SECRET/8, dated 11 June 2004, and as document S/SECRET/9, dated 12 April 2005), whereby it notified its intention to modify or withdraw the specific commitments included in the list attached to the communications, pursuant to Article V:5 of the GATS and in accordance with the terms of Article XXI:1(b) of the GATS.

Following the submission of the first Communication, the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu submitted a claim of interest pursuant to Article XXI:2(a) of the GATS (S/L/169) with regard to S/SECRET/8. No claim of interest was submitted with regard to S/SECRET/9. The EC and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu entered into negotiations pursuant to Article XXI:2(a) of the GATS with regard to S/SECRET/8.

With regard to the procedure initiated by the notification contained in document S/SECRET/8, the initial period for the negotiations, which expired on 26 October 2004, was extended (by mutual agreement) five times (until 26 April 2005, until 27 February 2006, until 1 June 2006, until 1 July and until 17 July 2006). During such negotiations, the EC and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu have agreed on compensatory adjustments related to the withdrawals and modifications contained in document S/SECRET/8.

The Report on the result of these negotiations, which is attached to this letter, includes (1) the proposed modifications in the notifications referred to above, (2) the agreed compensatory adjustments with regard to the modifications or withdrawals notified in S/SECRET/8, and (3) the draft consolidated schedule of specific commitments that results from merging existing schedules of commitments of the EC and its Member States and from inserting therein both the modifications or withdrawals of commitments notified by the EC under documents S/SECRET/8 and S/SECRET/9 and the compensatory adjustments agreed between the EC and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu.

This letter and Annex I and II of the report attached to it constitute the Agreement between the EC and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu with regard to S/SECRET/8 for purposes of Article XXI:2(a) of the GATS. 1 The Agreement shall not be interpreted to modify the Lists of Article II Exemptions of the EC and its Member States. The Agreement shall not be interpreted to affect the Parties' rights and obligations under Article VIII of the GATS.

Pursuant to the procedures referred to in paragraphs 20 to 22 of S/L/80, the EC will transmit, to the Secretariat for circulation, the draft consolidated schedule for certification by 14 September 2006, provided that an agreement has been signed with all affected Members, or the period foreseen in paragraph 7 of S/L/80 has expired, and no arbitration has been requested. The results of the negotiations are to enter into force, after completion of the certification procedures, on a date to be specified by the EC following completion of the EC's internal approval procedures, which the EC endeavours to accelerate as much as possible. The modifications and withdrawals proposed in documents S/SECRET/8 and S/SECRET/9 shall not enter into force until all of the compensatory adjustments indicated in Annex II have entered into force.

1 This Agreement shall not be interpreted to prejudge the outcome of separate discussions within the WTO concerning the classification of telecommunication services (basic telecommunications and value-added services).

Report on the result of the negotiations conducted in accordance of Article XXI:2(a) of the General

Agreement on Trade in Services (GATS)

relating to

the modifications proposed in the GATS Schedules of the European Communities and its Member States (hereafter the EC) to take account of the accession of the Czech Republic, the Republic of

Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Austria, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden to the European Communities

Pursuant to paragraph 5 of the Procedures for the implementation of Article XXI of the GATS (S/L/80 of 29 October 1999), the EC submits the following report:

• 1. 

  On 28 May 2004 and on 4 April 2005, the EC submitted two respective Communications pursuant to Article V of the GATS (circulated as document S/SECRET/8, dated 11 June 2004, and as document S/SECRET/9, dated 12 April 2005), whereby it notified its intention to modify or withdraw the specific commitments included in the list attached to the communications (hereafter "the proposed modifications"), pursuant to Article V:5 of the GATS and in accordance with the terms of Article XXI:1(b) of the GATS. The proposed modifications are contained in Annex I.

• 2. 

  Following the submission of the notification contained in document S/SECRET/8, and pursuant to Article XXI:2(a) of the GATS, eighteen WTO Members (Argentina, Australia, Brazil, Canada, China, Chinese Taipei, Colombia, Cuba, Ecuador, Hong Kong China, India, Japan, Korea, New Zealand, the Philippines, Switzerland, Uruguay and the United States) submitted a respective claim of interest.

• 3. 

  Following the submission of the notification contained in document S/SECRET/9, and pursuant to Article XXI:2(a) of the GATS, fourteen WTO Members (Argentina, Australia, Brazil, Canada, China, Colombia, Ecuador, Hong Kong China, India, Japan, Korea, New Zealand, Uruguay and the United States) submitted a respective claim of interest.

• 4. 

  The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu submitted a claim of interest pursuant to Article XXI:2(a) of the GATS (S/L/169) with regard to S/SECRET/8. No claim of interest was submitted with regard to S/SECRET/9. The EC and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu entered into negotiations pursuant to Article XXI:2(a) of the GATS with regard to S/SECRET/8.

• 5. 

  With regard to the procedure initiated by the notification contained in document S/SECRET/8, the initial period for the negotiations, which expired on 26 October 2004, was extended (by mutual agreement) five times (until 26 April 2005, until 27 February 2006, until 1 June 2006, until 1 July and until 17 July 2006).

• 6. 

  During such negotiations, the EC and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu have agreed on compensatory adjustments related to the modifications and withdrawals contained in document S/SECRET/8. Annex I and II of this report, together with the joint letter to which it is attached, constitute the Agreement between the EC and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu with regard to S/SECRET/8 for purposes of Article XXI:2(a) of the GATS. 1 This Agreement shall not be interpreted to modify the lists of Article II Exemptions of the EC and its Member States. This Agreement shall not be interpreted to affect the Parties' rights and obligations under Article VIII of the GATS.

• 7. 

  In view of the foregoing, the proposed modifications and the agreed compensatory adjustments are incorporated into the EC's draft GATS consolidated schedule, which results from merging existing schedules of commitments of the EC and its Member States and from inserting therein both the modifications or withdrawals of commitments notified by the EC under documents S/SECRET/8 and S/SECRET/9 and the compensatory adjustments agreed between the EC and the Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu.

• 8. 

  Pursuant to the procedures referred to in paragraphs 20 to 22 of S/L/80, the EC will transmit, to the Secretariat for circulation, the draft consolidated schedule for certification by 14 September 2006, provided that an agreement has been signed with all affected Members, or the period foreseen in paragraph 7 of S/L/80 has expired, and no arbitration has been requested. The results of the negotiations are to enter into force, after completion of the certification procedures, on a date to be specified by the EC following completion of the EC's internal approval procedures, which the EC endeavours to accelerate as much as possible. The modifications and withdrawals proposed in documents S/SECRET/8 and S/SECRET/9 shall not enter into force until all of the compensatory adjustments indicated in Annex II have entered into force.

_______________

1 This Agreement shall not be interpreted to prejudge the outcome of separate discussions within the WTO concerning the classification of telecommunication services (basic telecommunications and value-added services).

ANNEX I

• A) 

  Modifications notified in document S/SECRET/8

Horizontal Commitments

• Market access entry (page 9): “In all EC Member States services considered as public utilities at a

national or local level may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, Slovakia,

Finland and Sweden. This limitation now applies to all Member States.

• National treatment limitations on branches, agencies and representative offices under mode 3 (pages

9 and 10). This entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Slovenia and Slovakia. This limitation now

applies to all Member States.

• National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included

in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania,

Hungary, Malta, Poland, Slovenia and Slovakia. This limitation now applies to all Member States.

• National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific

commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These limitations are now extended to these

Member States.

• National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific

commitments of the Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under mode 4 inscribed in the schedule of the EC and its Member

States. This limitation is now extended to these Member States.

• Cyprus' market access commitments on mode 4. These commitments are withdrawn.

• Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific

commitments of the Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity must be effectively providing like services in the territory of

the Community Member State concerned. This limitation is now extended to these Member States.

• Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of

specific commitments of Poland did not include the limitation that those representatives will not be engaged in making direct sales to the general public. This limitation is now extended to this Member

State.

• Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence

(page 30). The schedule of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in making direct sales to the general public or supplying

services. This limitation is now extended to this Member State.

• Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These

commitments are partially withdrawn.

• Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The

schedule of specific commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State concerned shall be for a period of not more than three months in

any 12 months period. This limitation is now extended to this Member State.

Sectoral commitments

• Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access

limitation under mode 2 is extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and

Sweden and the market access limitation under mode 3 is extended to Estonia, Hungary and Austria.

• Services incidental to manufacturing (pages 109 and 110). The commitments included in the

schedule of Latvia, Lithuania and Austria are withdrawn.

• Education services (page 156): limitation to “only privately funded services”. This limitation was not

included in the schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education services) and Slovakia. This limitation is now extended to these

Member States. In the case of Slovenia, such an extension only refers to adult education services.

• Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market

access limitations indicating that “the establishment of a specialised management company is required to perform the activities of management of unit trusts and investment companies” and that “only firms having their registered office in the Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not included in the schedule of Czech Republic as regards mode 3, Estonia (not included in mode 1 nor in mode 3), Latvia as regards mode 3, Lithuania as regards mode 1, Hungary as regards mode 3 and Slovakia as regards mode 3 . These limitations are

now extended to these Member States.

• Space Transport. The commitment included in the schedule of Austria is withdrawn.

• Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under

modes 1 and 2 and another one under mode 3) are introduced for Poland.

• Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of

Estonia did not include the national treatment limitation on distribution through CRS of air transport

services provided by CRS parent carrier.

• Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of

Hungary did not include the national treatment limitation on the obligations of parent or participating

carriers in respect of a CRS controlled by an air carrier of one or more third countries.

• Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access

limitation under mode 3 has been introduced for Estonia, Latvia and Lithuania.

• B) 

  Modifications notified in document S/SECRET/9

Horizontal Commitments

• Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of

S/SECRET/8). These commitments are withdrawn.

Sectoral commitments

• Computer and Related Services - a)Consultancy Services related to the Installation of Computer

Hardware (CPC 841) (page 82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.

• Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC

• 852) 

  (pages 89 and 90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.

• Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and

(b) non-life (pages 211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.

• Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page

223). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.

• Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode

4 (ICT, BV and CSS) under national treatment are withdrawn.

• Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's

commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.

• Maritime transport services - excluding cabotage transport - (a) Passenger transportation

(CPC 7211); (b) Freight transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.

ANNEX II

COMPENSATION BY THE EC

• Mode 3 horizontal limitation on public utilities

• - 

  Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and related services.

• Mode 3 horizontal limitations on investment

• - 

  Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies (Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).

• Mode 4 for intra-corporate transferees and business visitors

• - 

  Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector-specific section in the sectors where CY and MT have undertaken Mode 3 commitments.

• Professional services - Engineering services (CPC 8672)

• - 

  Market Access and National Treatment Commitments by CY and MT in Mode 2 - Market Access commitments by CY, CZ, MT & SK in Mode 3 - National Treatment commitments by CY and MT in Mode 3 - Removal of the market access limitation for PT in mode 3

• Professional services - Integrated Engineering Services (CPC 8673):

• - 

  Removal of the ENT applied on Mode 4/CSS by the UK - Market Access and National Treatment commitments by SK in Mode 3

• Professional services - Urban planning and landscape architectural services (CPC 8674):

• - 

  Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.

• - 

  Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.

• Computer and related services -

• - 

  Addition of a clarificatory footnote. - Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849 - Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new commitments by SE for CSS/Mode 4 for CPC 845 and 849.

• Advertising services (CPC 871):

• - 

  Market Access and National Treatment commitments by CY, MT & PL in Mode 1

• Telecommunication services

• - 

  New and improved commitments by the entire EC as offered in its revised DDA offer. - A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on subsidiaries, branches, agencies and representative offices under national treatment, and on investment under market access do not apply to telecommunications services. - A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of Commitments under 1.B (Computer and related services).

• Financial services (insurance services):

• - 

  Removal of part of the market access limitations for SK in Mode 3

• Financial services (banking)

• - 

  FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board of directors, the supervisory board and the managing director shall have their permanent residence in the European Community…" instead of “At least one half of the founders, the members of the board of directors, the supervisory board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the name of the credit institution shall have their place of residence in the European Community…”).

• Hotels, Restaurants and Catering

• - 

  New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on its non-discriminatory nature.

• Travel Agencies and Tour Operators Services

• - 

  Removal of the ENT applied on Mode 3 by the CZ

• Hairdressing services

• - 

  Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2 &

The following abbreviations are used to indicate the Member States:

AT Austria BE Belgium CY Cyprus CZ Czech Republic DE Germany DK Denmark EE Estonia EL Greece ES Spain FI Finland FR France HU Hungary IE Ireland IT Italy LT Lithuania LU Luxembourg LV Latvia MT Malta NL The Netherlands PL Poland PT Portugal SE Sweden SI Slovenia SK Slovak Republic UK United Kingdom