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Table of contents back to top
I. Preamble
back to top
A. Text of the Preamble
B. Interpretation and Application of the Preamble
II.
Article I back to top
A. Text of
Article I
B. Interpretation and Application
of Article I
1. Scope of
GATS
(a) Measures
relating to judicial and administrative assistance
(b) Measures
relating to the entry and stay of natural persons
(c) Electronic
commerce
2. Article I:1
(a) “measures
affecting trade in services”
3. Article I:2(a)
(a) Relevance
of where the supplier operates, or is present
(b) Relevance
of ownership and control infrastructure used to supply the service
(c) Relevance
of degree of interaction between different operators
(d) Relevance
of supply by means of “linking” to another operator
4. Article I:2(c)
(a) Supply by
a firm commercially present in one Member into the territory of another
Member
5. Relationship
with the GATT 1994
III.
Article II back to top
A. Text of
Article II
B. Interpretation and Application
of Article II
1. Scope
(a) Measures
relating to judicial and administrative assistance
(b) Electronic
commerce
2. Interpretation
3. Article II:1
(A) “no
less favourable treatment”
(B) “like
services and service suppliers”
(C) “aims-and-effects” test
4. Exemptions
from Article II
(a) Annex on
Article II Exemptions
(b) Exemptions
in financial services
(c) Exemptions
in maritime transport services
(d) Exemptions
in basic telecommunications
IV.
Article III back to top
A. Text of
Article III
B. Interpretation and Application
of Article III
1. General
(a) Electronic
commerce
(b) Accountancy
services
2. Article
III:3
(a) Format for
notifications
3. Article
III:4
(a) Enquiry
points
V.
Article III bis back to top
A. Text of
Article III bis
B. Interpretation and Application
of Article III bis
VI.
Article IV back to top
A. Text of
Article IV
B. Interpretation and Application
of Article IV
1. General
2. Article IV:3
(a) Contact
points
(i) General
(ii) Accountancy
services
VII.
Article V back to top
A. Text of
Article V
B. Interpretation and Application
of Article V
1. Article V:1
2. Article V:7
(a) Format for
notifications
(b) Reporting
on the operation of regional trade agreements
(c) Examination
of specific agreements
(i) General
(ii) European
Union
(iii) Other agreements
C. Annex I
1. List of RTAs
notified under Article V of the GATS for which factual examination has
been completed
2. List of RTAs
notified under Article V of the GATS under factual examination
3. List of RTAs
notified under Article V of the GATS for which factual examination has
not yet commenced
4. List of RTAs
notified under Article V of the GATS which have not yet been considered
by the Council for Trade in Services
D. Annex II
1. RTAs
notified under Article V of the GATS which have been terminated
following the enlargement of the European Union on 1 May 2004
VIII.
Article V bis back to top
A. Text of
Article V bis
B. Interpretation and Application
of Article V bis
1. Article V bis:(b)
(a) Format for notifications
IX.
Article VI back to top
A. Text of
Article VI
B. Interpretation and Application
of Article VI
1. General
(a) Electronic commerce
2. Article V:4
(a) Professional services/domestic regulation
(b) Disciplines in accountancy services
(c) Relationship with Articles XVI and XVII
X.
Article VII back to top
A. Text of
Article VII
B. Interpretation and Application
of Article VII
1. General
2. Article VII:4
(a) Format for
notifications
3. Article VII:5
(a) Guidelines
for Mutual Recognition Agreements or Arrangements in the Accountancy
Sector
XI.
Article VIII back to top
A. Text of
Article VIII
B. Interpretation and Application
of Article VIII
1. General
(a) Electronic
commerce
2. Article VIII:4
(a) Format for
notifications
XII.
Article IX back to top
A. Text of
Article IX
B. Interpretation and Application
of Article IX
1. General
(a) Electronic
commerce
XIII.
Article X back to top
A. Text of
Article X
B. Interpretation and Application
of Article X
1. Working
Party on GATS Rules
(a) Article X:1: first sentence
(b) Identification, elaboration and consolidation
of common elements for an emergency safeguard measure
XIV.
Article XI back to top
A. Text of
Article XI
B. Interpretation and Application
of Article XI
XV.
Article XII back to top
A. Text of
Article XII
B. Interpretation and Application
of Article XII
1. Article XII:4
(a) Format for notifications
XVI.
Article XIII back to top
A. Text of
Article XIII
B. Interpretation and Application
of Article XIII
1. Working Party on GATS Rules
XVII.
Article XIV back to top
A. Text of
Article XIV
B. Interpretation and Application
of Article XIV
1. General
(a) Electronic commerce
(b) Trade in services and the environment
XVIII.
Article XIV bis back to top
A. Text of
Article XIV bis
B. Interpretation and Application
of Article XIV bis
1. Article XIV bis:2
(a) Format for notifications
XIX.
Article XV back to top
A. Text of
Article XV
B. Interpretation and Application
of Article XV
1. Working Party on GATS Rules
(a) Report by the Chairperson
(b) Checklist on subsidies
XX.
Article XVI back to top
A. Text of
Article XVI
B. Interpretation and Application
of Article XVI
1. General
(a) Electronic commerce
2. Article XVI:2
(a) “Temporal” qualifications
(b) Routing requirement in telecommunications
3. Relationship with Article VI:4
XXI.
Article XVII back to top
A. Text of
Article XVII
B. Interpretation and Application
of Article XVII
1. General
(a) Electronic commerce
2. Likeness of services and service suppliers
3. “aims and effects” test
4. Footnote 10
5. Relationship with Article VI:4
XXII.
Article XVIII back to top
A. Text of
Article XVIII
B. Interpretation and Application
of Article XVIII
1. “Reference Paper” on Basic Telecommunications
(a) Text of model Reference Paper
(b) Section 1.1
— Anti-competitive Practices
(i) Concept of “anti-dumping practices”
(ii) Practices required under a Member’s law
(iii) Types of measures constituting “anticompetitive practices”
(iv) Maintaining “appropriate measures”
(c) Section 2.1
— Interconnection
(i) “on the basis of the specific commitments undertaken”
(ii) Applicability to cross-border supply
(iii) “major supplier”
(iv) “the ability to materially affect the terms of participation
(having regard to price and supply)”
(v) “control over essential facilities” or “use of its position
in the market”
(d) Section 2.2(b)
— Interconnection rates
(i) “cost-oriented”
(ii) “reasonable”
(iii) “having regard to economic feasibility”
(iv) Evaluating whether rates are “cost-oriented”
XXIII.
Article XIX back to top
A. Text of
Article XIX
B. Interpretation and Application
of Article XIX
1. Article XIX:1
(a) Information
exchange
(b) GATS 2000
negotiations
(c) Doha
Development Agenda
2. Article XIX:3
(a) GATS 2000
negotiations
(b) Assessment
of trade in services
3. Negotiations
in specific services sectors
(a) Movement
of natural persons
(b) Financial
services
(c) Maritime
transport services
(d) Basic
telecommunications
(e) Professional
services
(i) Disciplines
on domestic regulation
XXIV.
Article XX back to top
A. Text of
Article XX
B. Interpretation and Application
of Article XX
1. General
(a) Committee on Specific Commitments
(b) Guidelines for Scheduling of Specific Commitments
2. Article XX:1(d)
XXV.
Article XXI back to top
A. Text of
Article XXI
B. Interpretation and Application
of Article XXI
1. Article XXI:1(b)
(a) Format for notifications
2. Article XXI:5
(a) Procedures for the rectification or modification of schedules
XXVI.
Article XXII back to top
A. Text of
Article XXII
B. Interpretation and Application
of Article XXII
XXVII.
Article XXIII back to top
A. Text of
Article XXIII
B. Interpretation and Application
of Article XXIII
1. Article
XXIII:1
(a) Relationship
with Article 3.8 of the DSU
2. Disputes
under GATS
3. Decision on
Certain Dispute Settlement Procedures for the General Agreement on Trade
in Services
XXVIII.
Article XXIV back to top
A. Text of
Article XXIV
B. Interpretation and Application
of Article XXIV
1. Article XXIV.1
(a) Establishment
of subsidiary bodies
(i) Committee
on Trade in Financial Services
(ii) Working
Party on Professional Services and Working Party on Domestic Regulation
(iii) Working
Party on GATS Rules
(iv) Committee
on Specific Commitments
(v) Negotiating
Groups on Natural Persons, Maritime Transport
2. Rules of
procedure of the Council for Trade in Services
(a) Rules of
procedure
(b) Observer
status
C. Decision on
Institutional arrangements for the General Agreement on Trade in
Services
XXIX.
Article XXV back to top
A. Text of
Article XXV
B. Interpretation and Application
of Article XXV
XXX.
Article XXVI back to top
A. Text of
Article XXVI
B. Interpretation and Application
of Article XXVI
1. Agreement between the International Telecommunication Union and the World Trade Organization
XXXI.
Article XXVII back to top
A. Text of
Article XXVII
B. Interpretation and
Application of Article XXVII
XXXII.
Article XXVIII back to top
A. Text of
Article XXVIII
B. Interpretation and
Application of Article XXVIII
1. Article XXVIII(k)(ii)2
XXXIII.
Article XXIX back to top
A. Text of
Article XXIX
B. Interpretation and
Application of Article XXIX
XXXIV.
Annex on Article II Exemptions back to top
A. Text of the Annex on Article II Exemptions
B. Interpretation and Application
of the Annex on Article II Exemptions
1. Paragraph 3
2. Paragraph 4
3. Paragraph 7
4. Terminations, reductions and rectifications of MFN exemptions
XXXV.
Annex on Movement of Natural Persons Supplying Services under the Agreement
back to top
A. Text of the Annex on Movement of Natural Persons Supplying Services under the Agreement
B. Interpretation and Application
of the Annex on Movement of Natural Persons Supplying Services under the Agreement
1. Measures relating to the entry and stay of natural persons
XXXVI.
Annex on Air Transport Services back to top
A. Text of the Annex on Air Transport Services
B. Interpretation and
Application of the Annex on Air Transport Services
1. Paragraph 5
XXXVII.
Annex on Financial Services back to top
A. Text of the Annex on Financial Services
B. Interpretation and Application
of the Annex on Financial Services
XXXVIII.
Second Annex on Financial Services back to top
A. Text of the Second Annex on Financial Services
B. Interpretation and
Application of the
Second Annex on Financial Services
XXXIX.
Annex on Negotiations on Maritime Transport Services
back to top
A. Text of the Annex on Negotiations on Maritime Transport Services
B. Interpretation and
Application of the
Annex on Negotiations on Maritime Transport Services
XL.
Annex on Telecommunications back to top
A. Text of the Annex on Telecommunications
B. Interpretation and
Application of the
Annex on Telecommunications
1. Application to access and use by scheduled suppliers of basic
telecommunications services
2. Section 5(a)
(a) Relationship of paragraph (a) to the other parts of Section 5
(b) Access and use “on reasonable
… terms and conditions”
(i) Whether rates for access and use constitute “terms”
(ii) Whether rates for access and use are subject to examination as
“reasonable” terms
(iii) Rates for access and use that are “reasonable”
3. Section 5(b)
(a) Relationship of paragraph (b) to the other parts of Section 5
(b) Obligation to provide access to and use of private leased
circuits
4. Sections 5(e) and (f)
(a) Whether rates for access and use constitute “conditions”
(b) Meaning of “necessary” in paragraph (e)
(c) Measures to prevent supply of an unscheduled service in paragraph
(e)
5. Section 5(g)
6. Relationship between Annex obligations and Reference Paper
commitments
XLI.
Annex on Negotiations on Basic Telecommunications
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A. Text of the Annex on Negotiations on Basic Telecommunications
B. Interpretation and
Application of the
Annex on Negotiations on Basic Telecommunications
XLII.
Understanding on Commitments in Financial Services
back to top
A. Text of the Understanding on Commitments in Financial Services
B. Interpretation and
Application of the
Understanding on Commitments in Financial Services
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