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Negotiation of Specific Commitments
pursuance of the objectives of this Agreement, Members shall enter into successive rounds
of negotiations, beginning not later than five years from the date of entry into
force of the WTO Agreement and periodically thereafter, with a view to achieving a
progressively higher level of liberalization. Such negotiations shall be directed to the
reduction or elimination of the adverse effects on trade in services of measures as a
means of providing effective market access. This process shall take place with a view to
promoting the interests of all participants on a mutually advantageous basis and to
securing an overall balance of rights and obligations.
process of liberalization shall take place with due respect for national policy objectives
and the level of development of individual Members, both overall and in individual
sectors. There shall be appropriate flexibility for individual developing country Members
for opening fewer sectors, liberalizing fewer types of transactions, progressively
extending market access in line with their development situation and, when making access
to their markets available to foreign service suppliers, attaching to such access
conditions aimed at achieving the objectives referred to in Article IV.
each round, negotiating guidelines and procedures shall be established. For the purposes
of establishing such guidelines, the Council for Trade in Services shall carry out an
assessment of trade in services in overall terms and on a sectoral basis with reference to
the objectives of this Agreement, including those set out in paragraph 1 of Article
IV. Negotiating guidelines shall establish modalities for the treatment of liberalization
undertaken autonomously by Members since previous negotiations, as well as for the special
treatment for least-developed country Members under the provisions of paragraph 3 of
process of progressive liberalization shall be advanced in each such round through
bilateral, plurilateral or multilateral negotiations directed towards increasing the
general level of specific commitments undertaken by Members under this Agreement.
Article XX Back
Schedules of Specific Commitments
Member shall set out in a schedule the specific commitments it undertakes under
Part III of this Agreement. With respect to sectors where such commitments are
undertaken, each Schedule shall specify:
limitations and conditions on market access;
and qualifications on national treatment;
relating to additional commitments;
appropriate the time-frame for implementation of such commitments; and
date of entry into force of such commitments.
inconsistent with both Articles XVI and XVII shall be inscribed in the column relating to
Article XVI. In this case the inscription will be considered to provide a condition or
qualification to Article XVII as well.
of specific commitments shall be annexed to this Agreement and shall form an integral part
XXI Back to top
Modification of Schedules
1. (a) A
Member (referred to in this Article as the "modifying Member") may modify or
withdraw any commitment in its Schedule, at any time after three years have elapsed from
the date on which that commitment entered into force, in accordance with the provisions of
modifying Member shall notify its intent to modify or withdraw a commitment pursuant to
this Article to the Council for Trade in Services no later than three months before the
intended date of implementation of the modification or withdrawal.
2. (a) At
the request of any Member the benefits of which under this Agreement may be affected
(referred to in this Article as an "affected Member") by a proposed modification
or withdrawal notified under subparagraph 1(b), the modifying Member shall enter into
negotiations with a view to reaching agreement on any necessary compensatory adjustment.
In such negotiations and agreement, the Members concerned shall endeavour to maintain a
general level of mutually advantageous commitments not less favourable to trade than that
provided for in Schedules of specific commitments prior to such negotiations.
adjustments shall be made on a most-favoured-nation basis.
3. (a) If
agreement is not reached between the modifying Member and any affected Member before the
end of the period provided for negotiations, such affected Member may refer the matter to
arbitration. Any affected Member that wishes to enforce a right that it may have to
compensation must participate in the arbitration.
no affected Member has requested arbitration, the modifying Member shall be free to
implement the proposed modification or withdrawal.
4. (a) The
modifying Member may not modify or withdraw its commitment until it has made compensatory
adjustments in conformity with the findings of the arbitration.
the modifying Member implements its proposed modification or withdrawal and does not
comply with the findings of the arbitration, any affected Member that participated in the
arbitration may modify or withdraw substantially equivalent benefits in conformity with
those findings. Notwithstanding Article II, such a modification or withdrawal may be
implemented solely with respect to the modifying Member.
Council for Trade in Services shall establish procedures for rectification or modification
of Schedules. Any Member which has modified or withdrawn scheduled commitments under this
Article shall modify its Schedule according to such procedures.