Abstract
Owing to the enlargement of the European Community (hereinafter referred to as the EC) to include the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Austria, Poland, Slovenia, the Slovak Republic, Finland and Sweden, on 28 May 2004 and on 4 April 2005 the EC submitted two respective Communications to the WTO, pursuant to Article V of the GATS-notifying its intention to modify or withdraw the specific commitments in accordance with the terms of Article XXI: 1(b) of the GATS.
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Notes
- 1.
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 of America.
- 2.
See Article XXI, GATS. In the case of the EU, the relevant documents providing further and better particulars on this issue are found in WTO Document S/L/80 of 29 October 1999.
- 3.
Such as those contained in documents GATS/SC/31 of 15 April 1994, GATS/SC/31/Suppl.2 of 28 July 1995, GATS/SC/31/Suppl.3 of 11 April 1997, GATS/SC/31/Suppl.4/Rev.1 of 18 November 1999, GATS/SC/26 of 15 April 1994, GATS/SC/26/Suppl.2 of 11 April 1997, GATS/SC/26/Suppl.3 of 26 February 1998, GATS/SC/127 of 5 October 1999, GATS/SC/25 of 15 April 1994, GATS/SC/25/Suppl.1 of 23 February 1998, GATS/SC/25/Suppl.2/Rev.1 of 18 November 1999, GATS/SC/126 of 22 April 1999, GATS/SC/133 of 21 December 2001, GATS/SC/40 of 15 April 1994, GATS/SC/40/Suppl.2 of 11 April 1997, GATS/SC/40/Suppl.3 of 26 February 1998, GATS/SC/54 of 15 April 1994, GATS/SC/54/Suppl.1 of 26 February 1998, GATS/SC/7 of 15 April 1994, GATS/SC/71 of 15 April 1994, GATS/SC/71/Suppl.2 of 11 April 1997); GATS/SC/71/Suppl.3 of 26 February 1998, GATS/SC/99 of 30 August 1995, GATS/SC/99/Suppl.1 of 26 February 1998, GATS/SC/77 of 15 April 1994, GATS/SC/77/Suppl.2 of 11 April 1997, GATS/SC/77/Suppl.3 of 26 February 1998, GATS/SC/33 of 15 April 1994, GATS/SC/82 of 15 April 1994.
- 4.
WTO EU schedule, WTO Document S/C/W/273, supra.
- 5.
Ibid.
- 6.
Article XVII, GATS.
- 7.
That is NGOs are excluded.
- 8.
Recall discussion on National Treatment in the GATS, P.30.
- 9.
For 3 years in the case of Slovenia. See WTO Document S/C/W/273.
- 10.
Except Lithuania, Estonia, Latvia, and Slovenia. See WTO Document S/C/W/273 at p. 35.
- 11.
Estonia and Sweden. See WTO Document S/C/W/273 at p. 35.
- 12.
Austria, Belgium, Cyprus, Czech Republic, Germany, Denmark, Spain, France, Greece, Italy, Ireland, Luxembourg, Malta, Netherlands, Portugal, Slovak Republic, and United Kingdom. See WTO Document S/C/W/273 at p. 36.
- 13.
Estonia, Sweden, Hungary etc.
- 14.
Austria, Belgium, Denmark, Spain, Estonia, France, Finland, Italy, Greece, Luxembourg, Latvia, Netherlands, Portugal, Sweden and United Kingdom.
- 15.
Twelve months for Computer and Related Services in the case of Sweden and no specific period for Estonia and Latvia.
- 16.
WTO Document S/C/W/273 at p. 38.
- 17.
Except for Latvia. In the case of the Netherlands, it is in a period of 24 months, while in the case of Estonia it is 90 days in any 6 months and 6 months in any 12 months period for Computer and related services in the case of Sweden.
- 18.
WTO Document S/C/W/273 at p. 39.
- 19.
Ibid.
- 20.
WTO Document S/C/W/273 at p. 38.
- 21.
Ibid.
- 22.
Ibid.
- 23.
Ibid.
- 24.
Sector specific variations may apply.
- 25.
Classification follows the UN CPC approach. For a detailed understanding of the CPC classification, See “Detailed structure and explanatory notes of the UN Provisional Central Product Classification” United Nations Statistics Division. Online available: http://unstats.un.org/unsd/cr/registry/regcst.asp?cl=9&lg=1. Accessed on 22 January 2012.
- 26.
Country specific exclusions apply. In the case of Czech Republic, Estonia, Latvia, Poland, Slovenia and Slovak Republic, commitment only relates to legal services while for others it relates to legal advisory services concerning home country law and public international law (excluding EC law). For Finland it also includes public international law.
- 27.
Once again, a demonstration of the importance of the horizontal section.
- 28.
Broadly similar conditions of access exist in the EU consolidated schedule for Auditing Services (CPC 86211 and 86212 other than accounting services), Bookkeeping services (CPC 86220) and Taxation Advisory Services (CPC 863: excluding representation in Court/Tribunals).
- 29.
Broadly similar conditions of access for Engineering services (CPC 8672), Integrated Engineering Services (CPC 8673), Urban Planning and Landscape Architectural Services (CPC 8674).
- 30.
This is an important limitation as it literally closes off the market for those WTO Members that do not have MRAs with Belgium, Germany and France.
- 31.
For Slovenia, the following activities are excluded: social medicine, sanitary, epidemiological, medical/ecological services; the supply of blood, blood preparations and transplants as well as autopsy.
- 32.
Broadly similar access conditions exist for Veterinary services (CPC 932), Services provided by Nurses, Physiotherapists and Paramedical Personnel, Supply of pharmaceutical goods to the general public i.e. pharmacists (noteworthy here is that several Member States are unbound for market access, namely Austria, Cyprus, Czech Republic, Estonia, Finland, Hungary, Latvia, Malta, Poland, Sweden, Slovenia and Slovak Republic, and no Member State makes a market access or NT commitment for CSS for pharmacists).
- 33.
But the value of these is questionable when no commitment is made for market access.
- 34.
Broadly similar access conditions for Software Implementation Services (CPC 842), Data Processing Services (CPC 843), Data Base Services (CPC 844), Maintenance and Repair (CPC 845), and Other Computer Services. All Member States except Austria CPC 849. For Austria it is CPC 8491only.
- 35.
In the case of Cyprus this is a withdrawal (from EU GATS commitments prior to EU expansion) as it was previously inscribed as None, i.e. no limitation on NT for CSS.
- 36.
Broadly similar access conditions for Research and Development Services on Social Sciences and Humanities (CPC 852) and Interdisciplinary R&D services (CPC 853).
- 37.
Broadly similar access conditions for Real Estate Services on a Fee or Contract Basis (e.g. Property Evaluation, Estate Management, etc.), Rental/Leasing Services without Operators (relating to ships CPC 83103).
- 38.
Broadly similar access conditions for Market Research and Opinion Polling (CPC 864), Management Consulting Services-CPC 865 (where for Belgium, Germany, Denmark, Italy, Sweden and the United Kingdom access is limited to managers and senior consultants with university degree and 3 years’ professional experience), Services Related to Management Consulting (CPC 866), Technical Testing and Analysis Services (CPC 8676), Advisory and Consulting Services Relating to Agriculture, Hunting and Forestry, Advisory and Consulting Services Relating to Fishing, Services Incidental to Mining CPC 88, Services incidental to manufacturing, Services incidental to energy distribution CPC 887. See pp. 116–127 of WTO Document S/C/W/273.
- 39.
Broadly similar access conditions for Placement Services (CPC 87202), Supply Services of Office Support Personnel (CPC 87203), Supply services of domestic help personnel, other commercial or industrial workers, nursing and other personnel (CPCs 87204, 87205, 87206, 87209), Investigation services (CPC 87301).
- 40.
Broadly similar access conditions for Maintenance and Repair of Equipment (not including Maritime Vessels, Aircraft or Other Transport Equipment) CPC 633, 8861, 8866, Building Cleaning Services (CPC 874), Photographic Services (CPC 875), Packaging Services, (CPC 876), Printing and Publishing (CPC 88442), Convention Services, Other Translation Services (Austria, Finland and Sweden: Translation and interpretation services-CPC 87905( noteworthy here is that citizenship is a market access requirement, while residence is a NT requirement in some cases e.g. Denmark), Interior Design Services (part of CPC 87907) (noteworthy here is that commercial presence is a market access and NT requirement e.g. Austria), Collection agency services (CPC 87902), Credit reporting services (CPC 87901), Duplicating services (CPC 87904), Other business services n.e.c. (CPC 87909). See pp. 135–147 of WTO document S/C/W/273.
- 41.
In the case of Telecommunications services, market access and NT commitments are limited to what is inscribed in the horizontal section for ICT and BV, and all Member States are unbound for CSS. The EC undertakes the obligations contained in the WTO Telecommunications Reference Paper in Voice telephone services (CPC7521), Packet-switched data transmission services (part of CPC 7523), Circuit-switched data transmission service (part of CPC 7523), Telex services (part of CPC 7523), Telegraph services (CPC 7522), Facsimile services (part of CPC7521 + part of CPC 7529), Private leased circuit services (part of CPC 7522 + part of CPC 7523), Mobile and personal communications services and systems.
- 42.
In addition, work certificate from the commercial presence in France and a letter from the juridical person within the territory of another Member demonstrating its agreement to the transfer.
- 43.
From UN Statistics Division, this refers to site investigation work. Online available: http://unstats.un.org/unsd/cr/registry/regcs.asp?Cl=9&Lg=1&Co=511.
- 44.
Broadly similar access conditions for Wholesale Trade Services, CPC 622, (with the notable nationality condition for wholesale of pharmaceuticals in France). Retailing Services CPC 631, 632, 633, 61112, 6113, 6121 excluding 63211, (with the notable nationality condition for tobacconists in France) and Franchising (CPC 8929).
- 45.
Broadly similar conditions of access for Secondary Education Services CPC 922, Adult Education Services (CPC 924) and Higher Education Services CPC 923. Noteworthy here is that for CSS in France and Luxembourg (the rest of the EU Member states are unbound) access is provided for professors as indicated in the horizontal section. In addition, the professors must have obtained an employment contract from a university or other higher education institution, time limitation for the work permit is 9 months (renewable for the duration of the contract). ENTs apply and the recruiting institution must pay a tax to the International Migration Office.
- 46.
In France, third country nationals may obtain authorization from competent authorities to establish and direct an education institution and to teach. In Hungary, access is limited to personalities of internationally recognised reputation who have been invited by a higher education institution for the duration of the invitation. See WTO Document S/C/W/273 at p. 168. Other Education Services (CPC 929) is unbound for CSS. In the case of ICT and BV, it is also unbound except in the case of Czech Republic and Slovak Republic—which limit their access to what is inscribed in the horizontal section of the schedule.
- 47.
In the case of Sweden, the offer does not include public works functions whether owned and operated by municipalities, State or Federal governments or contracted out by these governments.
- 48.
Broadly similar access conditions for Refuse Disposal Services CPC 9402, Sanitation and Similar Services (CPC 9403), Cleaning Services of Exhaust Gases CPC 9404, Noise abatement services CPC 9405, Nature and Landscape Protection Services CPC 9406, Other Environmental Protection Services CPC 9409.
- 49.
Austria, Belgium, Czech Republic, Denmark, Germany, Spain, Finland, France, Greece, Hungary, Italy, Ireland, Luxembourg, Netherlands, Portugal, Sweden, Slovak Republic and the United Kingdom.
- 50.
Broadly similar conditions of access for Banking and Other Financial Services (excluding insurance).
- 51.
These countries also undertake commitments on Financial Services in accordance with the provisions of the “Understanding on Commitments in Financial Services”: the Understanding.
- 52.
Cyprus, Estonia, Latvia, Lithuania, Malta, Poland and Slovenia.
- 53.
This is a withdrawal as previously (prior to EU expansion) Cyprus had inscribed None-meaning that it had no limitation to NT.
- 54.
This is the first time we are seeing a clear cut exclusion of natural persons in preference for juridical ones in the Mode 4 part of sector-specific commitments.
- 55.
Broadly similar conditions of access for other Human health services Austria and Slovenia: provided through residential health facilities like health resort hotels and therapeutic bath services—CPC 9319, Social Services All Member States except Austria, Greece, Lithuania and Latvia: Only Convalescent and Rest Houses, Old People’s Homes. CPC 933, Other (health related services).
- 56.
Broadly similar conditions apply for Tourist Guides Services (CPC 7472). In the case of Travel Agencies and Tour Operators Services (All Member States except Czech Republic, Hungary, Latvia, Malta, Poland, Slovenia and Slovak Republic: including tour managers) (CPC 7471), for ICT and BVs in the case of market access, all Member States with the exception of Cyprus limit their commitment to what is inscribed in the horizontal section. For Greece, access is limited to two people per entity; Finland has a nationality requirement while Sweden requires commercial presence. For NT, for most Member States, access is limited to what is inscribed in the horizontal section. Access for CSS is unbound, and at best, limited to what is inscribed in the horizontal section for market access (Austria, Belgium, Germany, Denmark, Italy, Finland, Ireland and Sweden) and NT [all except Cyprus, Czech Republic, Hungary, Latvia, Malta (which is a withdrawal from the GATS, as it was previously (prior to EU expansion) inscribed as None for NT] Poland, Slovenia and Slovak Republic. On NT, for Austria, Belgium, Germany, Denmark, Italy, Finland, Ireland and Sweden, the commitment only extends to tour managers (without acting as guides) for a group of minimum 10 people. A professional certificate and 3 years professional experience is needed. For Italy ENTs apply. Noteworthy is the fact that this is the one area where we see reference to a certificate and not a university degree.
- 57.
This is a withdrawal as Malta had previously (i.e. before EU expansion) inscribed None, i.e. scheduled as having no limitation on NT for ICT and BV.
- 58.
Broadly similar access conditions for News and Press Agency Services (CPC 962) (in the context of a nationality requirement where access is granted for market access-Portugal—and largely no access for CSS). Access for Libraries, archives, museums and other cultural services (CPC 963) is largely unbound, as is that for Sporting and Other Recreational Services CPC 9641, 96491.
- 59.
Broadly similar access conditions for Maintenance and repair of vessels (part of CPC 8868), Pushing and towing services (CPC 7214), Supporting services for maritime transport, (Part of 7480), Internal Waterways Transport: i.e. Passenger transportation (CPC 7221), Freight transportation (CPC 7222), Maintenance and repair of vessels (part of CPC 8868), Pushing and towing services (CPC 7224), Supporting services for internal waterways (part of CPC 745). Also similar conditions for Air Transport Services i.e. Rental of aircraft with crew (CPC 734), Maintenance and Repair of Aircraft and parts thereof (part of CPC 8868), Sales and Marketing, and Computer Reservations System. Rail Transport Services i.e. Passenger transportation, Freight transportation, Maintenance and Repair of Rail Transport Equipment (part of CPC 8868), Supporting services for rail transport services, Rail freight agency and forwarding services (CPC part of 7480). In the case of Road Transport Services a) Passenger Transportation (CPC 71213 and 7122), for the most part, access is unbound for market access and NT, although some exceptions exist such as for Denmark and Portugal where access is limited to what is inscribed in the horizontal section but citizenship requirements apply for managers (Denmark) and nationality requirements for specialist personnel (Portugal) in the case of market access. See pp. 268, WTO Document S/C/W/ 273. Freight Transportation (CPC 7123. Latvia, Lithuania and Sweden: cabotage excluded), International Truck transport services, Maintenance and Repair of Road Transport Equipment (CPC 6112), Supporting services for road transport equipment (CPC 7441, CPC 7449), Pipeline Transport (CPC 713), Services auxiliary to all modes of transport (CPC 741), Storage and Warehouse Services (CPC 742), Freight Transport Agency/Freight Forwarding Services (CPC 748), Pre Shipment Inspection (part of CPC 749) and Other Transport Services all have broadly similar access conditions-mostly unbound, and at best, access limited to conditions inscribed in horizontal section.
- 60.
It is difficult to envision how such a commitment would be used in the absence of a market access commitment.
- 61.
See Collective Request on Mode 4, supra, at p. 3.
- 62.
See for example sector-specific commitments for other services not included elsewhere, CSS for transport (Maritime) services, etc.
- 63.
Gootiiz and Mattoo (2009) pp. 1013–1030.
- 64.
WTO Document JOB (06)/155.
- 65.
See Medical, Dental and Midwives Services (CPC 9312, part of CPC 93191), Other: Related Scientific and Technical Consulting Services (CPC 8675), Installation of Computer Hardware (CPC 841) etc. See WTO Document S/C/W/273.
- 66.
Bhatnagar and Manning (2005).
- 67.
See WTO Document S/C/W/273, supra.
- 68.
See Panizzon (2010) at p. 17.
- 69.
See Collective Request on Mode 4 (2013), supra.
- 70.
Trachtman (2009) at p. 243.
- 71.
As is the case with Latvia in several instances as seen above.
- 72.
See WTO (2013).
- 73.
See Carzaniga (2009) supra.
- 74.
Ibid, at p. 481.
- 75.
Ibid.
- 76.
Adlung (2009).
- 77.
Gootiiz and Mattoo (2009) supra.
- 78.
Ibid, at p. 116.
- 79.
Ibid, at p. 119.
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Kategekwa, J. (2014). A Case Study of the EU GATS Schedule of Specific Commitments on Mode 4. In: Opening Markets for Foreign Skills: How Can the WTO Help?. Springer, Cham. https://doi.org/10.1007/978-3-319-03548-2_5
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