Contract

75 (1994) Nr. 11)

TRAC T A TENBLAD

VAN HET

K O N I N K R I J K D E R N E D E R L A N D E N

JAARGANG 2007 Nr. 191

A. TITEL

Algemene Overeenkomst betreffende de handel in diensten; (GATS)

Marrakesh, 15 april 1994

B. TEKST

De Engelse tekst van de Overeenkomst is geplaatst in Trb. 1994, 235, blz. 304 e.v.

Op 12 juli 2007 heeft het Comité van permanente vertegenwoordigers bij de Europese Unie een voorstel aangenomen voor een Besluit van de Raad en besluit van de vertegenwoordigers van de regeringen van de lid- staten, in het kader van de Raad bijeen, inzake de sluiting van akkoor- den in het kader van artikel XXI van de GATS met Argentinië, Austra- lië, Brazilië, Canada, China, het afzonderlijk douanegebied van Taiwan, Penghu, Kinmen en Matsu (Chinees Taipei), Colombia, Cuba, Ecuador, Hongkong (China), India, Japan, Korea, Nieuw-Zeeland, de Filippijnen, Zwitserland en de Verenigde Staten over de compenserende aanpassin- gen die noodzakelijk zijn als gevolg van de toetreding van de Tsjechi- sche Republiek, de Republiek Estland, de Republiek Cyprus, de Repu- bliek Letland, de Republiek Litouwen, de Republiek Hongarije, de Republiek Xxxxx, xx Xxxxxxxxx Xxxxxxxxxx, xx Xxxxxxxxx Xxxxx, xx Xxxxxxxxx Xxxxxxxx, de Slowaakse Republiek, de Republiek Finland en het Koninkrijk Zweden tot de Europese Gemeenschappen. Het Besluit

1) De onderhavige Overeenkomst (GATS), die als Bijlage 1B bij de Overeen- komst tot oprichting van de Wereldhandelsorganisatie is bekendgemaakt onder het systematisch nummer 46(1994) Nr. 1 enz., heeft in dit Tractatenblad een eigen systematisch nummer gekregen.

kan worden aangenomen nadat de lidstaten hun nationale procedures hebben afgerond. De tekst van het Besluit en de akkoorden1) luidt als volgt:

Voorstel voor een

Besluit van de Raad en besluit van de vertegenwoordigers van de regeringen van de lidstaten, in het kader van de Raad bijeen,

inzake de sluiting van akkoorden in het kader van artikel XXI van de GATS met Argentinië, Australië, Brazilië, Canada, China, het afzonderlijk douanegebied van Taiwan, Penghu, Kinmen en Matsu (Chinees Taipei), Colombia, Cuba, Ecuador, Hongkong (China), India, Japan, Korea, Nieuw-Zeeland, de Filippijnen, Zwitserland en de Verenigde Staten over de compenserende aanpassingen die noodzakelijk zijn als gevolg van de toetreding van de Tsjechische Republiek, de Republiek Estland, de Republiek Xxxxxx, xx Xxxxxxxxx Xxxxxxx, xx Xxxxxxxxx Xxxxxxxx, xx Xxxxxxxxx Xxxxxxxxx, de Republiek Xxxxx, xx Xxxxxxxxx Xxxxxxxxxx, xx Xxxxxxxxx Xxxxx, xx Xxxxxxxxx Xxxxxxxx, de Slowaakse Republiek, de Republiek Finland en het Koninkrijk Zweden tot de Europese Gemeenschappen

De Raad van de Europese Unie en de vertegenwoordigers van de regeringen van de lidstaten, in het kader van de raad bijeen,

Gelet op het Verdrag tot oprichting van de Europese Gemeenschap, en met name op artikel 133, leden 1, 5, en 6, artikel 71 en artikel 80, lid

2, juncto artikel 300, leden 2 en 3,

Gezien het voorstel van de Commissie,

Gezien het advies van het Europees Parlement, Overwegende hetgeen volgt:

1. Het Verdrag betreffende de toetreding van het Koninkrijk Xxxxxx- xxx, xx Xxxxxxxxx Xxxxxxxxxx, xx Xxxxxxxxx Xxxxxxx en het Koninkrijk Zweden tot de Europese Unie is op 1 januari 1995 in werking getreden2).

2. Het Verdrag betreffende de toetreding van de Tsjechische Repu- bliek, de Republiek Estland, de Republiek Cyprus, de Republiek Let- land, de Republiek Litouwen, de Republiek Hongarije, de Republiek

1) Een akkoord bestaat telkens uit de gezamenlijke brief van de Europese Gemeenschap en haar lidstaten en het betrokken WTO-lid en de Bijlagen I en II bij het verslag van de onderhandelingen. Het verslag zelf is geen onderdeel van het akkoord en is niet afgedrukt.

2) PB C 241 van 29.8.1994.

Xxxxx, xx Xxxxxxxxx Xxxxx, xx Xxxxxxxxx Xxxxxxxx en de Slowaakse Republiek tot de Europese Unie is op 1 mei 2004 in werking xxxxxxxx0).

3. Ingevolge artikel XX van de Algemene Overeenkomst inzake de handel in diensten (hierna ,,GATS’’ genoemd) moeten leden van de WTO een lijst opstellen van de specifieke verbintenissen die zij op grond van deel III van de GATS aangaan.

4. De huidige lijst voor de Europese Gemeenschap en haar lidstaten (hierna ,,Europese Gemeenschap’’ genoemd) heeft uitsluitend betrekking op de specifieke verbintenissen van de twaalf lidstaten die er in 1994 waren. De individuele lijsten met specifieke verbintenissen van de lid- staten die in 1995 en 2004 tot de Europese Gemeenschap zijn toegetre- den (hierna de nieuwe lidstaten genoemd) werden vóór hun toetreding vastgesteld.

5. Onder meer om ervoor te zorgen dat de beperkingen in de lijst van specifieke verbintenissen van de Europese Gemeenschap ook van toe- passing zijn op de nieuwe lidstaten en om te zorgen voor consistentie met het acquis communautaire, moesten bepaalde specifieke verbintenis- sen in de lijst van specifieke verbintenissen van de Europese Gemeen- schap en in die van elk van de nieuwe lidstaten worden gewijzigd of ingetrokken.

6. Met het oog op de indiening van een geconsolideerde lijst heeft de Europese Gemeenschap op 28 mei 2004 overeenkomstig artikel V van de GATS een mededeling ingediend, waarbij zij kennis gaf van haar voornemen om overeenkomstig artikel V:5 van de GATS en in overeen- stemming met de voorwaarden in artikel XXI:1(b) van de GATS be- paalde specifieke verbintenissen in de lijst van specifieke verbintenissen van elk van de nieuwe lidstaten te wijzigen of in te trekken.

7. Nadat de kennisgeving was ingediend, hebben achttien WTO-leden (Argentinië, Australië, Brazilië, Canada, China, het afzonderlijk douane- gebied van Taiwan, Penghu, Kinmen en Matsu (Chinees Taipei), Colom- bia, Cuba, Ecuador, Hongkong China, India, Japan, Korea, Nieuw- Zeeland, de Filippijnen, Zwitserland, Uruguay2) en de Verenigde Staten (hierna de betrokken WTO-leden genoemd) overeenkomstig artikel XXI:2(a) van de GATS aangevoerd hierbij belang te hebben.

8. De Commissie heeft onderhandelingen met de betrokken WTO- leden gevoerd. Die resulteerden in een akkoord over compenserende aanpassingen in verband met de wijzigingen en intrekkingen waarvan op 28 mei 2004 kennis was gegeven.

1) PB L 236 van 23.9.2003.

2) Uruguay heeft die verklaring later ingetrokken.

9. Na de afsluiting van de onderhandelingen werd de Commissie overeenkomstig de conclusies van de Raad van 26 juli 20061) gemach- tigd tot ondertekening van het met elk van de betrokken WTO-leden bereikte akkoord. In die akkoorden is rekening gehouden met de wijzi- gingen en de intrekkingen waarvan de Europese Gemeenschap kennis heeft gegeven, samen met de bijbehorende compenserende aanpassin- gen. Teneinde de in de desbetreffende WTO-regels bedoelde certifice- ringsprocedure in gang te zetten, heeft de Commissie het ontwerp van de geconsolideerde lijst op 14 september 2006 naar het secretariaat van de WTO gestuurd. De certificering werd op 15 december 2006 afgeslo- ten.

10. De akkoorden bevatten wijzigingen die betrekking hebben op de dienstenhandel in de vervoersector en bepaalde sectoren die worden genoemd in artikel 133, lid 6, van het Verdrag tot oprichting van de Europese Gemeenschap. Zij kunnen worden beschouwd als een bevre- digend en evenwichtig resultaat van de onderhandelingen.

Hebben het volgende besluit vastgesteld:

Artikel 1

De akkoorden met Argentinië, Australië, Brazilië, Canada, China, het afzonderlijk douanegebied van Taiwan, Penghu, Kinmen en Matsu (Chi- nees Taipei), Colombia, Cuba, Ecuador, Hongkong China, India, Japan, Korea, Nieuw-Zeeland, de Filippijnen, Zwitserland en de Verenigde Sta- ten over de wijzigingen en de compenserende aanpassingen die inge- volge artikel XXI (GATS) noodzakelijk zijn als gevolg van de toetreding van de Tsjechische Republiek, de Republiek Estland, de Republiek Xxxxxx, xx Xxxxxxxxx Xxxxxxx, xx Xxxxxxxxx Xxxxxxxx, xx Xxxxxxxxx Xxxxxxxxx, de Republiek Xxxxx, xx Xxxxxxxxx Xxxxxxxxxx, xx Xxxxxxxxx Xxxxx, xx Xxxxxxxxx Xxxxxxxx, de Slowaakse Republiek, de Republiek Finland en het Koninkrijk Zweden tot de Europese Gemeenschappen, worden hierbij namens de Europese Gemeenschappen en haar lidstaten goedgekeurd.

De voorzitter van de Raad wordt hierbij gemachtigd de persoon aan te wijzen die bevoegd is uitdrukking te geven aan de instemming van de Europese Gemeenschap en haar lidstaten om door de akkoorden gebon- den te zijn en de WTO de datum van inwerkingtreding van de in de akkoorden vervatte wijzigingen en aanpassingen mee te delen.

De teksten van de akkoorden zijn aan dit besluit gehecht.

1) 12019/06 Limited WTO 135 Services 34.

Artikel 2

Dit besluit wordt bekendgemaakt in het Publicatieblad van de Euro- pese Unie.

Gedaan te Brussel, [...]

Joint letter from the European Communities and its Member States on the one part, and Argentina, 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 respec- tive 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 at- tached 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 each Communication, Argentina submit- xxx two respective claims of interest pursuant to Article XXI:2(a) of the GATS (S/L/175 with regard to S/SECRET/8 and S/L/228 with regard to S/SECRET/9). The EC and Argentina entered into negotiations pursuant to Article XXI:2(a) of the GATS with regard to S/SECRET/8 and S/SECRET/9.

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 Argentina have agreed on compensatory adjustments related to the withdrawals and modifications contained in document S/SECRET/8.

With regard to the procedure initiated by the notification contained in document S/SECRET/9, no agreement between the EC and Argentina was reached by the end of the period provided for negotiations and no affected Member referred the matter to arbitration within the applicable deadline pursuant to paragraph 7 of S/L/80. Pursuant to Article XXI: 3(b) of the GATS and subject to completion of the procedures set out in paragraphs 20-22 of S/L/80, the EC shall be free to implement the modi- fications and withdrawals proposed in document S/SECRET/9.

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 Argentina.

This letter and Annex I and II of the report attached to it constitute the Agreement between the EC and Argentina 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 con- solidated 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 proce- dures, 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.

Xxxxxx Xxxxx

Chargé d’Affaires a.i. Permanent Delegation of the European Commission to the World Trade Organisation

Xxxxxxx Xxxx Xxxxxx Ambassador

Permanent Representative Permanent Mission of Argentina to the World Trade Organisation

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 con- sidered 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxxx, Xxxxxx, Xxxxxxxx, Xxxxxxxx, Xxxxxxx and Sweden. This limitation now applies to all Member States.

• National treatment limitations on branches, agencies and representa- tive offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Xxxxx Xxxx- xxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxxx, Fin- land 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxx, Xxxxx xxx Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxxx 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 sell- ers (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) – establish- ment of commercial presence (page 30). The schedule of specific com- mitments of Lithuania did not include the limitation that those repre- sentatives 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 Xxxx- xxx, Xxxxxxxxx, Xxxxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxx 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 com- mitments 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 estab- lishment 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 0 xxx xx xxxx 0), Xxxxxx as regards mode 3, Lithuania as regards mode 0, Xxxxxxx 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 sche- dule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport ser- vices provided by CRS parent carrier.

• Air Transport – Computer Reservations System (page 248). The sche- dule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating car- riers 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 intro- duced 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 with- drawn.

Sectoral commitments

• Computer and Related Services – a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) – b) Soft- ware Implementation Services (CPC 842) (page 83) – c) Data Proces- sing 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’ com- mitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.

• Insurance and Insurance-Related Services – (i) Direct insurance (in- cluding 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) Pas- senger 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.

Xxxxx XX

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 (Aktiengesell- schaften) 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 commit- ments.

• 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 limita- tions 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 & 3

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 Xxxxxxx

XX Xxxxxxx

XX Xxxxx

XX Xxxxxxxxx

XX Xxxxxxxxxx

XX Xxxxxx

XX Xxxxx

XX Xxx Xxxxxxxxxxx XX Xxxxxx

XX Xxxxxxxx

XX Sweden

SI Xxxxxxxx

XX Xxxxxx Xxxxxxxx XX Xxxxxx Xxxxxxx

Joint letter from the European Communities and its Member States on the one part, and Australia, 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 respec- tive 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 at- tached 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 each Communication, Australia submit- ted two respective claims of interest pursuant to Article XXI:2(a) of the GATS (S/L/164 with regard to S/SECRET/8 and S/L/225 with regard to S/SECRET/9). The EC and Australia entered into negotiations pursuant to Article XXI:2(a) of the GATS with regard to S/SECRET/8 and S/SECRET/9.

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 Australia have agreed on compensatory adjustments related to the withdrawals and modifications contained in document S/SECRET/8.

With regard to the procedure initiated by the notification contained in document S/SECRET/9, no agreement between the EC and Australia was reached by the end of the period provided for negotiations and no affected Member referred the matter to arbitration within the applicable deadline pursuant to paragraph 7 of S/L/80. Pursuant to Article XXI: 3(b) of the GATS and subject to completion of the procedures set out in paragraphs 20-22 of S/L/80, the EC shall be free to implement the modi- fications and withdrawals proposed in document S/SECRET/9.

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 Australia.

This letter and Annex I and II of the report attached to it constitute the Agreement between the EC and Australia 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 con- solidated 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 proce- dures, 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.

Xxxxxx Xxxxx

Chargé d’Affaires a.i. Permanent Delegation of the European Commission to the World Trade Organisation

H.E. Xx Xxxxx Xxxxxx Ambassador

Permanent Representative Permanent Mission of Australia to the World Trade Organisation

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 con- sidered 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxxx, Xxxxxx, Xxxxxxxx, Xxxxxxxx, Xxxxxxx and Sweden. This limitation now applies to all Member States.

• National treatment limitations on branches, agencies and representa- tive offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Xxxxx Xxxx- xxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxxx, Fin- land 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxx, Xxxxx xxx Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxxx 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 sell- ers (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) – establish- ment of commercial presence (page 30). The schedule of specific com- mitments of Lithuania did not include the limitation that those repre- sentatives 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 Xxxx- xxx, Xxxxxxxxx, Xxxxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxx 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 com- mitments 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 estab- lishment 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 0 xxx xx xxxx 0), Xxxxxx as regards mode 3, Lithuania as regards mode 0, Xxxxxxx 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 sche- dule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport ser- vices provided by CRS parent carrier.

• Air Transport – Computer Reservations System (page 248). The sche- dule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating car- riers 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 intro- duced 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 with- drawn.

Sectoral commitments

• Computer and Related Services – a) Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) – b) Soft- ware Implementation Services (CPC 842) (page 83) – c) Data Proces- sing 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’ com- mitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.

• Insurance and Insurance-Related Services – (i) Direct insurance (in- cluding 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) Pas- senger 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.

Xxxxx XX

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 (Aktiengesell- schaften) 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 commit- ments.

• 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 limita- tions 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 & 3

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 Xxxxxxx

XX Xxxxxxx

XX Xxxxx

XX Xxxxxxxxx

XX Xxxxxxxxxx

XX Xxxxxx

XX Xxxxx

XX Xxx Xxxxxxxxxxx XX Xxxxxx

XX Xxxxxxxx

XX Sweden

SI Xxxxxxxx

XX Xxxxxx Xxxxxxxx XX Xxxxxx Xxxxxxx

Joint letter from the European Communities and its Member States on the one part, and Brazil, 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 respec- tive 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 at- tached 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 each Communication, Brazil submitted two respective claims of interest pursuant to Article XXI:2(a) of the GATS (S/L/171 with regard to S/SECRET/8 and S/L/224 with regard to S/SECRET/9). The EC and Brazil entered into negotiations pursuant to Article XXI:2(a) of the GATS with regard to S/SECRET/8 and S/SECRET/9.

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 Brazil have agreed on compensatory adjustments related to the with- drawals and modifications contained in document S/SECRET/8.

With regard to the procedure initiated by the notification contained in document S/SECRET/9, no agreement between the EC and Brazil was reached by the end of the period provided for negotiations and no affected Member referred the matter to arbitration within the applicable deadline pursuant to paragraph 7 of S/L/80. Pursuant to Article XXI: 3(b) of the GATS and subject to completion of the procedures set out in paragraphs 20-22 of S/L/80, the EC shall be free to implement the modi- fications and withdrawals proposed in document S/SECRET/9.

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 Brazil.

This letter and Annex I and II of the report attached to it constitute the Agreement between the EC and Brazil 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 con- solidated 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 proce- dures, 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.

Xxxxxx Xxxxx

Chargé d’Affaires a.i. Permanent Delegation of the European Commission to the World Trade Organisation

Xxxxxxxxx Xxxxxxxx Ambassador

Permanent Representative Permanent Mission of Brazil

to the World Trade Organisation

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 con- sidered 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxxx, Xxxxxx, Xxxxxxxx, Xxxxxxxx, Xxxxxxx and Sweden. This limitation now applies to all Member States.

• National treatment limitations on branches, agencies and representa- tive offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Xxxxx Xxxx- xxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxxx, Fin- land 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxx, Xxxxx xxx Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxxx 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 sell- ers (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) – establish- ment of commercial presence (page 30). The schedule of specific com- mitments of Lithuania did not include the limitation that those repre- sentatives 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 Xxxx- xxx, Xxxxxxxxx, Xxxxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxx 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 com- mitments 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 estab- lishment 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 0 xxx xx xxxx 0), Xxxxxx as regards mode 3, Lithuania as regards mode 0, Xxxxxxx 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 sche- dule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport ser- vices provided by CRS parent carrier.

• Air Transport – Computer Reservations System (page 248). The sche- dule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating car- riers 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 intro- duced 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 with- drawn.

Sectoral commitments

• Computer and Related Services – a) Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) – b) Soft- ware Implementation Services (CPC 842) (page 83) – c) Data Proces- sing 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’ com- mitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.

• Insurance and Insurance-Related Services – (i) Direct insurance (in- cluding 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) Pas- senger 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.

Xxxxx XX

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 (Aktiengesell- schaften) 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 commit- ments.

• 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 limita- tions 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 & 3

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 Xxxxxxx

XX Xxxxxxx

XX Xxxxx

XX Xxxxxxxxx

XX Xxxxxxxxxx

XX Xxxxxx

XX Xxxxx

XX Xxx Xxxxxxxxxxx XX Xxxxxx

XX Xxxxxxxx

XX Sweden

SI Xxxxxxxx

XX Xxxxxx Xxxxxxxx XX Xxxxxx Xxxxxxx

Joint letter from the European Communities and its Member States on the one part, and Canada, 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 respec- tive 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 at- tached 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 each Communication, Canada submitted two respective claims of interest pursuant to Article XXI:2(a) of the GATS (S/L/165 with regard to S/SECRET/8 and S/L/216 with regard to S/SECRET/9). The EC and Canada entered into negotiations pursuant to Article XXI:2(a) of the GATS with regard to S/SECRET/8 and S/SECRET/9.

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 Canada have agreed on compensatory adjustments related to the withdrawals and modifications contained in document S/SECRET/8.

With regard to the procedure initiated by the notification contained in document S/SECRET/9, no agreement between the EC and Canada was reached by the end of the period provided for negotiations and no affected Member referred the matter to arbitration within the applicable deadline pursuant to paragraph 7 of S/L/80. Pursuant to Article XXI: 3(b) of the GATS and subject to completion of the procedures set out in paragraphs 20-22 of S/L/80, the EC shall be free to implement the modi- fications and withdrawals proposed in document S/SECRET/9.

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 Canada.

This letter and Annex I and II of the report attached to it constitute the Agreement between the EC and Canada 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 con- solidated 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 proce- dures, 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.

Xxxxxx Xxxxx

Chargé d’Affaires a.i. Permanent Delegation of the European Commission to the World Trade Organisation

Xxx Xxxxxxxxxx Ambassador

Permanent Representative Permanent Mission of Canada to the World Trade Organisation

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 con- sidered 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxxx, Xxxxxx, Xxxxxxxx, Xxxxxxxx, Xxxxxxx and Sweden. This limitation now applies to all Member States.

• National treatment limitations on branches, agencies and representa- tive offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Xxxxx Xxxx- xxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxxx, Fin- land 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxx, Xxxxx xxx Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxxx 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 sell- ers (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) – establish- ment of commercial presence (page 30). The schedule of specific com- mitments of Lithuania did not include the limitation that those repre- sentatives 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 Xxxx- xxx, Xxxxxxxxx, Xxxxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxx 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 com- mitments 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 estab- lishment 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 0 xxx xx xxxx 0), Xxxxxx as regards mode 3, Lithuania as regards mode 0, Xxxxxxx 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 sche- dule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport ser- vices provided by CRS parent carrier.

• Air Transport – Computer Reservations System (page 248). The sche- dule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating car- riers 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 intro- duced 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 with- drawn.

Sectoral commitments

• Computer and Related Services – a) Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) – b) Soft- ware Implementation Services (CPC 842) (page 83) – c) Data Proces- sing 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’ com- mitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.

• Insurance and Insurance-Related Services – (i) Direct insurance (in- cluding 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) Pas- senger 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.

Xxxxx XX

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 (Aktiengesell- schaften) 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 commit- ments.

• 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 limita- tions 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 & 3

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 Xxxxxxx

XX Xxxxxxx

XX Xxxxx

XX Xxxxxxxxx

XX Xxxxxxxxxx

XX Xxxxxx

XX Xxxxx

XX Xxx Xxxxxxxxxxx XX Xxxxxx

XX Xxxxxxxx

XX Sweden

SI Xxxxxxxx

XX Xxxxxx Xxxxxxxx XX Xxxxxx Xxxxxxx

Joint letter from the European Communities and its Member States on the one part, and China, 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 respec- tive 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 at- tached 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 each Communication, China submitted two respective claims of interest pursuant to Article XXI:2(a) of the GATS (S/L/178 with regard to S/SECRET/8 and S/L/220 with regard to S/SECRET/9). The EC and China entered into negotiations pursuant to Article XXI:2(a) of the GATS with regard to S/SECRET/8 and S/SECRET/9.

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 China have agreed on compensatory adjustments related to the with- drawals and modifications contained in document S/SECRET/8.

With regard to the procedure initiated by the notification contained in document S/SECRET/9, no agreement between the EC and China was reached by the end of the period provided for negotiations and no affected Member referred the matter to arbitration within the applicable deadline pursuant to paragraph 7 of S/L/80. Pursuant to Article XXI: 3(b) of the GATS and subject to completion of the procedures set out in paragraphs 20-22 of S/L/80, the EC shall be free to implement the modi- fications and withdrawals proposed in document S/SECRET/9.

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 China.

This letter and Annex I and II of the report attached to it constitute the Agreement between the EC and China 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 con- solidated 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 proce- dures, 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.

Xxxxxx Xxxxx

Chargé d’Affaires a.i. Permanent Delegation of the European Commission to the World Trade Organisation

Xxx Xxxxxx Xxxxxxxxxx

Permanent Representative

of the People’s Republic of China to the World Trade Organisation

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 con- sidered 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxxx, Xxxxxx, Xxxxxxxx, Xxxxxxxx, Xxxxxxx and Sweden. This limitation now applies to all Member States.

• National treatment limitations on branches, agencies and representa- tive offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Xxxxx Xxxx- xxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxxx, Fin- land 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxx, Xxxxx xxx Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxxx 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 sell- ers (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) – establish- ment of commercial presence (page 30). The schedule of specific com- mitments of Lithuania did not include the limitation that those repre- sentatives 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 Xxxx- xxx, Xxxxxxxxx, Xxxxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxx 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 com- mitments 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 estab- lishment 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 0 xxx xx xxxx 0), Xxxxxx as regards mode 3, Lithuania as regards mode 0, Xxxxxxx 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 sche- dule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport ser- vices provided by CRS parent carrier.

• Air Transport – Computer Reservations System (page 248). The sche- dule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating car- riers 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 intro- duced 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 with- drawn.

Sectoral commitments

• Computer and Related Services – a) Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) – b) Soft- ware Implementation Services (CPC 842) (page 83) – c) Data Proces- sing 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’ com- mitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.

• Insurance and Insurance-Related Services – (i) Direct insurance (in- cluding 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) Pas- senger 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.

Xxxxx XX

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 (Aktiengesell- schaften) 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 commit- ments.

• 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 limita- tions 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 & 3

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 Xxxxxxx

XX Xxxxxxx

XX Xxxxx

XX Xxxxxxxxx

XX Xxxxxxxxxx

XX Xxxxxx

XX Xxxxx

XX Xxx Xxxxxxxxxxx XX Xxxxxx

XX Xxxxxxxx

XX Sweden

SI Xxxxxxxx

XX Xxxxxx Xxxxxxxx XX Xxxxxx Xxxxxxx

Joint letter from the European Communities and its Member States on the one part, and Colombia, 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 respec- tive 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 at- tached 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 each Communication, Colombia submit- ted two respective claims of interest pursuant to Article XXI:2(a) of the GATS (S/L/176 with regard to S/SECRET/8 and S/L/223 with regard to S/SECRET/9). The EC and Colombia entered into negotiations pursuant to Article XXI:2(a) of the GATS with regard to S/SECRET/8 and S/SECRET/9.

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 Colombia have agreed on compensatory adjustments related to the withdrawals and modifications contained in document S/SECRET/8.

With regard to the procedure initiated by the notification contained in document S/SECRET/9, no agreement between the EC and Colombia was reached by the end of the period provided for negotiations and no affected Member referred the matter to arbitration within the applicable deadline pursuant to paragraph 7 of S/L/80. Pursuant to Article XXI: 3(b) of the GATS and subject to completion of the procedures set out in paragraphs 20-22 of S/L/80, the EC shall be free to implement the modi- fications and withdrawals proposed in document S/SECRET/9.

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 Colombia.

This letter and Annex I and II of the report attached to it constitute the Agreement between the EC and Colombia 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 con- solidated 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 proce- dures, 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.

Xxxxxx Xxxxx

Chargé d’Affaires a.i. Permanent Delegation of the European Commission to the World Trade Organisation

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).

Xxxxxxx Xxxxx Ambassador

Permanent Representative Permanent Mission of Colombia to the World Trade Organisation

Annex I

A) Modifications notified in document S/SECRET/8: Horizontal Commitments

• Market access entry (page 9): ‘‘In all EC Member States services con- sidered 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxxx, Xxxxxx, Xxxxxxxx, Xxxxxxxx, Xxxxxxx and Sweden. This limitation now applies to all Member States.

• National treatment limitations on branches, agencies and representa- tive offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Xxxxx Xxxx- xxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxxx, Fin- land 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxx, Xxxxx xxx Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxxx 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 sell- ers (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) – establish- ment of commercial presence (page 30). The schedule of specific com- mitments of Lithuania did not include the limitation that those repre- sentatives 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 Xxxx- xxx, Xxxxxxxxx, Xxxxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxx 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 com- mitments 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 estab- lishment 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 0 xxx xx xxxx 0), Xxxxxx as regards mode 3, Lithuania as regards mode 0, Xxxxxxx 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 sche- dule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport ser- vices provided by CRS parent carrier.

• Air Transport – Computer Reservations System (page 248). The sche- dule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating car- riers 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 intro- duced 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 with- drawn.

Sectoral commitments

• Computer and Related Services – a) Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) – b) Soft- ware Implementation Services (CPC 842) (page 83) – c) Data Proces- sing 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’ com- mitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.

• Insurance and Insurance-Related Services – (i) Direct insurance (in- cluding 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) Pas- senger 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.

Xxxxx XX

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 (Aktiengesell- schaften) 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 commit- ments.

• 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 limita- tions 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 & 3

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 Xxxxxxx

XX Xxxxxxx

XX Xxxxx

XX Xxxxxxxxx

XX Xxxxxxxxxx

XX Xxxxxx

XX Xxxxx

XX Xxx Xxxxxxxxxxx XX Xxxxxx

XX Xxxxxxxx

XX Sweden

SI Xxxxxxxx

XX Xxxxxx Xxxxxxxx XX Xxxxxx Xxxxxxx

Joint letter from the European Communities and its Member States on the one part, and Cuba, 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 respec- tive 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 at- tached 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, Cuba submit- xxx a claim of interest pursuant to Article XXI:2(a) of the GATS (S/L/ 174) with regard to S/SECRET/8. No claim of interest was submitted with regard to S/SECRET/9. The EC and Cuba 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 Cuba have agreed on compensatory adjustments related to the with- drawals 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 Cuba.

This letter and Annex I and II of the report attached to it constitute the Agreement between the EC and Cuba 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 con- solidated 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 proce- dures, 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.

Xxxxxx Xxxxx

Chargé d’Affaires a.i. Permanent Delegation of the European Commission to the World Trade Organisation

Xxxx Xxxxxxx Xxxxxxxxx Xxxxxxxx Ambassador

Permanent Representative Permanent Mission of Cuba

to the World Trade Organisation

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 con- sidered 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxxx, Xxxxxx, Xxxxxxxx, Xxxxxxxx, Xxxxxxx and Sweden. This limitation now applies to all Member States.

• National treatment limitations on branches, agencies and representa- tive offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Xxxxx Xxxx- xxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxxx, Fin- land 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxx, Xxxxx xxx Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxxx 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 sell- ers (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) – establish- ment of commercial presence (page 30). The schedule of specific com- mitments of Lithuania did not include the limitation that those repre- sentatives 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 Xxxx- xxx, Xxxxxxxxx, Xxxxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxx 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 com- mitments 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 estab- lishment 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 0 xxx xx xxxx 0), Xxxxxx as regards mode 3, Lithuania as regards mode 0, Xxxxxxx 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 sche- dule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport ser- vices provided by CRS parent carrier.

• Air Transport – Computer Reservations System (page 248). The sche- dule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating car- riers 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 intro- duced 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 with- drawn.

Sectoral commitments

• Computer and Related Services – a) Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) – b) Soft- ware Implementation Services (CPC 842) (page 83) – c) Data Proces- sing 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’ com- mitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.

• Insurance and Insurance-Related Services – (i) Direct insurance (in- cluding 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) Pas- senger 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.

Xxxxx XX

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 (Aktiengesell- schaften) 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 commit- ments.

• 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 limita- tions 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 & 3

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 Xxxxxxx

XX Xxxxxxx

XX Xxxxx

XX Xxxxxxxxx

XX Xxxxxxxxxx

XX Xxxxxx

XX Xxxxx

XX Xxx Xxxxxxxxxxx XX Xxxxxx

XX Xxxxxxxx

XX Sweden

SI Xxxxxxxx

XX Xxxxxx Xxxxxxxx XX Xxxxxx Xxxxxxx

Joint letter from the European Communities and its Member States on the one part, and Ecuador, 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 respec- tive 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 at- tached 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 each Communication, Ecuador submit- ted two respective claims of interest pursuant to Article XXI:2(a) of the GATS (S/L/172 with regard to S/SECRET/8 and S/L/229 with regard to S/SECRET/9). The EC and Ecuador entered into negotiations pursuant to Article XXI:2(a) of the GATS with regard to S/SECRET/8 and S/SECRET/9.

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 Ecuador have agreed on compensatory adjustments related to the withdrawals and modifications contained in document S/SECRET/8.

With regard to the procedure initiated by the notification contained in document S/SECRET/9, no agreement between the EC and Ecuador was reached by the end of the period provided for negotiations and no affected Member referred the matter to arbitration within the applicable deadline pursuant to paragraph 7 of S/L/80. Pursuant to Article XXI: 3(b) of the GATS and subject to completion of the procedures set out in paragraphs 20-22 of S/L/80, the EC shall be free to implement the modi- fications and withdrawals proposed in document S/SECRET/9.

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 Ecuador.

This letter and Annex I and II of the report attached to it constitute the Agreement between the EC and Ecuador 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 con- solidated 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 proce- dures, 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.

Xxxxxx Xxxxx

Chargé d’Affaires a.i. Permanent Delegation of the European Commission to the World Trade Organisation

Xxx Xxxxxx Fabre Ambassador

Permanent Representative Permanent Mission of Ecuador to the World Trade Organisation

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 con- sidered 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxxx, Xxxxxx, Xxxxxxxx, Xxxxxxxx, Xxxxxxx and Sweden. This limitation now applies to all Member States.

• National treatment limitations on branches, agencies and representa- tive offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Xxxxx Xxxx- xxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxxx, Fin- land 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxx, Xxxxx xxx Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxxx 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 sell- ers (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) – establish- ment of commercial presence (page 30). The schedule of specific com- mitments of Lithuania did not include the limitation that those repre- sentatives 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 Xxxx- xxx, Xxxxxxxxx, Xxxxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxx 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 com- mitments 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 estab- lishment 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 0 xxx xx xxxx 0), Xxxxxx as regards mode 3, Lithuania as regards mode 0, Xxxxxxx 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 sche- dule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport ser- vices provided by CRS parent carrier.

• Air Transport – Computer Reservations System (page 248). The sche- dule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating car- riers 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 intro- duced 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 with- drawn.

Sectoral commitments

• Computer and Related Services – a) Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) – b) Soft- ware Implementation Services (CPC 842) (page 83) – c) Data Proces- sing 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’ com- mitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.

• Insurance and Insurance-Related Services – (i) Direct insurance (in- cluding 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) Pas- senger 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.

Xxxxx XX

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 (Aktiengesell- schaften) 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 commit- ments.

• 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 limita- tions 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 & 3

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 Xxxxxxx

XX Xxxxxxx

XX Xxxxx

XX Xxxxxxxxx

XX Xxxxxxxxxx

XX Xxxxxx

XX Xxxxx

XX Xxx Xxxxxxxxxxx XX Xxxxxx

XX Xxxxxxxx

XX Sweden

SI Xxxxxxxx

XX Xxxxxx Xxxxxxxx XX Xxxxxx Xxxxxxx

Joint letter from the European Communities and its Member States on the one part, and Hong Kong, China, 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 respec- tive 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 at- tached 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 each Communication, Hong Kong, China submitted two respective claims of interest pursuant to Article XXI:2(a) of the GATS (S/L/170 with regard to S/SECRET/8 and S/L/219 with regard to S/SECRET/9). The EC and Hong Kong, China entered into negotiations pursuant to Article XXI:2(a) of the GATS with regard to S/SECRET/8 and S/SECRET/9.

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 Hong Kong, China have agreed on compensatory adjustments re- lated to the withdrawals and modifications contained in document S/SECRET/8.

With regard to the procedure initiated by the notification contained in document S/SECRET/9, no agreement between the EC and Hong Kong, China was reached by the end of the period provided for negotiations and no affected Member referred the matter to arbitration within the applicable deadline pursuant to paragraph 7 of S/L/80. Pursuant to Arti- cle XXI: 3(b) of the GATS and subject to completion of the procedures set out in paragraphs 20-22 of S/L/80, the EC shall be free to implement the modifications and withdrawals proposed in document S/SECRET/9.

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 Hong Kong, China.

This letter and Annex I and II of the report attached to it constitute the Agreement between the EC and Hong Kong, China 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 con- solidated 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 proce- dures, 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.

Xxxxxx Xxxxx

Chargé d’Affaires a.i. Permanent Delegation of the European Commission to the World Trade Organisation

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).

Xxxx Xxxxxx

Permanent Representative of the Hong Kong Special Administrative Region of China

to the World Trade Organisation

Annex I

A) Modifications notified in document S/SECRET/8: Horizontal Commitments

• Market access entry (page 9): ‘‘In all EC Member States services con- sidered 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxxx, Xxxxxx, Xxxxxxxx, Xxxxxxxx, Xxxxxxx and Sweden. This limitation now applies to all Member States.

• National treatment limitations on branches, agencies and representa- tive offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Xxxxx Xxxx- xxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxxx, Fin- land 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxx, Xxxxx xxx Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxxx 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 sell- ers (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) – establish- ment of commercial presence (page 30). The schedule of specific com- mitments of Lithuania did not include the limitation that those repre- sentatives 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 Xxxx- xxx, Xxxxxxxxx, Xxxxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxx 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 com- mitments 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 estab- lishment 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 0 xxx xx xxxx 0), Xxxxxx as regards mode 3, Lithuania as regards mode 0, Xxxxxxx 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 sche- dule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport ser- vices provided by CRS parent carrier.

• Air Transport – Computer Reservations System (page 248). The sche- dule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating car- riers 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 intro- duced 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 with- drawn.

Sectoral commitments

• Computer and Related Services – a) Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) – b) Soft- ware Implementation Services (CPC 842) (page 83) – c) Data Proces- sing 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’ com- mitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.

• Insurance and Insurance-Related Services – (i) Direct insurance (in- cluding 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) Pas- senger 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.

Xxxxx XX

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 (Aktiengesell- schaften) 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 commit- ments.

• 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 limita- tions 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 & 3

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 Xxxxxxx

XX Xxxxxxx

XX Xxxxx

XX Xxxxxxxxx

XX Xxxxxxxxxx

XX Xxxxxx

XX Xxxxx

XX Xxx Xxxxxxxxxxx XX Xxxxxx

XX Xxxxxxxx

XX Sweden

SI Xxxxxxxx

XX Xxxxxx Xxxxxxxx XX Xxxxxx Xxxxxxx

Joint letter from the European Communities and its Member States on the one part, and India, 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 respec- tive 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 at- tached 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 each Communication, India submitted two respective claims of interest pursuant to Article XXI:2(a) of the GATS (S/L/163 with regard to S/SECRET/8 and S/L/221 with regard to S/SECRET/9). The EC and India entered into negotiations pursuant to Article XXI:2(a) of the GATS with regard to S/SECRET/8 and S/SECRET/9.

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 India have agreed on compensatory adjustments related to the with- drawals and modifications contained in document S/SECRET/8.

With regard to the procedure initiated by the notification contained in document S/SECRET/9, no agreement between the EC and India was reached by the end of the period provided for negotiations and no affected Member referred the matter to arbitration within the applicable deadline pursuant to paragraph 7 of S/L/80. Pursuant to Article XXI: 3(b) of the GATS and subject to completion of the procedures set out in paragraphs 20-22 of S/L/80, the EC shall be free to implement the modi- fications and withdrawals proposed in document S/SECRET/9.

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 India.

This letter and Annex I and II of the report attached to it constitute the Agreement between the EC and India 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 con- solidated 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 proce- dures, 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.

Xxxxxx Xxxxx

Chargé d’Affaires a.i. Permanent Delegation of the European Commission to the World Trade Organisation

Xxxx Xxxxx Xxxxxx Ambassador

Permanent Representative Permanent Mission of India

to the World Trade Organisation

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 con- sidered 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxxx, Xxxxxx, Xxxxxxxx, Xxxxxxxx, Xxxxxxx and Sweden. This limitation now applies to all Member States.

• National treatment limitations on branches, agencies and representa- tive offices under mode 3 (pages 9 and 10). This entry was not included in the schedule of specific commitments of the Xxxxx Xxxx- xxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxx, Xxxxxx, Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxxx, Fin- land 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 Xxxxx Xxxxxxxx, Xxxx- xxx, Xxxxxx, Xxxxxx, Xxxxxxx, Xxxxx xxx Xxxxxxxx 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 Xxxxx Xxxxxxxx, Xxxxxx, Xxxxxxxxx, Xxxxxxx, Xxxxxx 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 sell- ers (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) – establish- ment of commercial presence (page 30). The schedule of specific com- mitments of Lithuania did not include the limitation that those repre- sentatives 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 Xxxx- xxx, Xxxxxxxxx, Xxxxxxx, Xxxxxxx, Xxxxxxxx, Xxxxxxx 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 com- mitments 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 estab- lishment 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 0 xxx xx xxxx 0), Xxxxxx as regards mode 3, Lithuania as regards mode 0, Xxxxxxx 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 sche- dule of specific commitments of Estonia did not include the national treatment limitation on distribution through CRS of air transport ser- vices provided by CRS parent carrier.

• Air Transport – Computer Reservations System (page 248). The sche- dule of specific commitments of Hungary did not include the national treatment limitation on the obligations of parent or participating car- riers 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 intro- duced 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 with- drawn.

Sectoral commitments

• Computer and Related Services – a) Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 82) – b) Soft- ware Implementation Services (CPC 842) (page 83) – c) Data Proces- sing 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’ com- mitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.

• Insurance and Insurance-Related Services – (i) Direct insurance (in- cluding 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) Pas- senger 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.

Xxxxx XX

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 (Aktiengesell- schaften) 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 commit- ments.

• 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 limita- tions 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 & 3

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 Xxxxxxx

XX Xxxxxxx

XX Xxxxx

XX Xxxxxxxxx

XX Xxxxxxxxxx

XX Xxxxxx

XX Xxxxx

XX Xxx Xxxxxxxxxxx XX Xxxxxx

XX Xxxxxxxx

XX Sweden

SI Xxxxxxxx

XX Xxxxxx Xxxxxxxx XX Xxxxxx Xxxxxxx

Joint letter from the European Communities and its Member States on the one part, and Japan, 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 respec- tive 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 at- tached 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 each Communication, Japan submitted two respective claims of interest pursuant to Article XXI:2(a) of the GATS (S/L/168 with regard to S/SECRET/8 and S/L/218 with regard to S/SECRET/9). The EC and Japan entered into negotiations pursuant to Article XXI:2(a) of the GATS with regard to S/SECRET/8 and S/SECRET/9.

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 Japan have agreed on compensatory adjustments related to the with- drawals and modifications contained in document S/SECRET/8.

With regard to the procedure initiated by the notification contained in document S/SECRET/9, no agreement between the EC and Japan was reached by the end of the period provided for negotiations and no affected Member referred the matter to arbitration within the applicable deadline pursuant to paragraph 7 of S/L/80. Pursuant to Article XXI: 3(b) of the GATS and subject to completion of the procedures set out in paragraphs 20-22 of S/L/80, the EC shall be free to implement the modi- fications and withdrawals proposed in document S/SECRET/9.

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 Japan.

This letter and Annex I and II of the report attached to it constitute the Agreement between the EC and Japan 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 con- solidated 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 proce- dures, 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.

Xxxxxx Xxxxx

Chargé d’Affaires a.i. Permanent Delegation of the European Commission to the World Trade Organisation

Xxxxxx Xxxxxxxx Ambassador

Permanent Representative Permanent Mission of Japan

to the World Trade Organisation

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).