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Document 52022PC0257
Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union, of an agreement on the modification of schedules of specific commitments under the General Agreement on Trade in Services to incorporate Annex 1 of the Declaration on the Conclusion of Negotiations on Services Domestic Regulation of 2 December 2021
Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union, of an agreement on the modification of schedules of specific commitments under the General Agreement on Trade in Services to incorporate Annex 1 of the Declaration on the Conclusion of Negotiations on Services Domestic Regulation of 2 December 2021
Proposal for a COUNCIL DECISION on the conclusion, on behalf of the European Union, of an agreement on the modification of schedules of specific commitments under the General Agreement on Trade in Services to incorporate Annex 1 of the Declaration on the Conclusion of Negotiations on Services Domestic Regulation of 2 December 2021
COM/2022/257 final
EUROPEAN COMMISSION
Brussels, 7.6.2022
COM(2022) 257 final
2022/0174(NLE)
Proposal for a
COUNCIL DECISION
on the conclusion, on behalf of the European Union, of an agreement on the modification of schedules of specific commitments under the General Agreement on Trade in Services to incorporate Annex 1 of the Declaration on the Conclusion of Negotiations on Services Domestic Regulation of 2 December 2021
EXPLANATORY MEMORANDUM
1.CONTEXT OF THE PROPOSAL
•Reasons for and objectives of the proposal
Article VI of the General Agreement on Trade in Services (GATS) contains a built-in mandate to develop necessary disciplines with a view to ensuring that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services. The Members of the World Trade Organization (WTO) have been negotiating such domestic regulation disciplines for many years and as of 1999, those negotiations took place in the Working Party on Domestic Regulation. The multilateral negotiations based on this mandate did not yet result in an agreement among all WTO Members, despite efforts to revive the negotiations in the run-up to the 11th Ministerial Conference of the WTO (MC11) in Buenos Aires.
At MC11, a group of 59 WTO Members, including the European Union, therefore issued a Joint Ministerial Statement on Services Domestic Regulation. 1 With the statement, the Ministers reaffirmed their commitment to advancing negotiations on services domestic regulation and called upon all WTO Members to intensify work post-MC11 towards concluding the negotiation of disciplines on domestic regulation.
In May 2019, a new Joint Statement was issued, in which the Ministers of 59 WTO Members welcomed the progress made in the negotiations since MC11 and commited to continue working on the outstanding issues with a view to incorporating the outcome of the work into their respective schedules of specific commitments by the 12th Ministerial Conference. 2
The negotiations of this Joint Statement Initiative were succesfully concluded on 2 December 2021 and resulted in a Reference Paper on Services Domestic Regulation (‘the Reference Paper’) 3 . In a Declaration on the Conclusion of Negotiations on Services Domestic Regulation issued on 2 December 2021 (‘the Declaration’) 4 , 67 WTO Members noted the conclusion of the negotiations on the Reference Paper which forms Annex 1 of the Declaration. They also welcomed the Schedules of Specific Commitments which were submitted as their contributions to finalise the negotiations. Those 67 WTO members account for more than 90% of the global trade in services.
In accordance with Section 1 of the Reference Paper, the participants to the Declaration confirmed their intention to incorporate the disciplines in the Reference Paper (contained in Annex 1 of the Declaration) as additional commitments into their GATS Schedules. Subject to the completion of any required domestic procedures, the participants aim to submit their Schedules of Specific Commitments for certification, in accordance with the Procedures for the Certification of Rectifications or Improvements to Schedules of Specific Commitments 5 , within twelve months of the date of the Declaration. Through the certification, the participants will give legal effect to the disciplines of Annex 1 of the Declaration by incorporating them as additional commitments into their schedule of specific commitments under the GATS.
The present Commission proposal for a Council decision aims at formally concluding the agreement on a modification of the EU’s GATS Schedule in order to incorporate the disciplines of the Reference Paper (Annex 1 of the Declaration), in accordance with Article 218(6) TFEU. The modifications to the EU’s GATS Schedule should be done in line with the Union’s Pre-Finalisation Schedule of Specific Commitments. 6
•Consistency with existing policy provisions in the policy area
The negotiations were conducted in close consultation with the Trade Policy Committee Services and Investment as provided for by Article 218(3). The formal conclusion of the negotiations by the Council is one of the necessary steps under Article 218(6) to give legal effect to the negotiated outcome and to start the modification of the EU’s Schedule of Specific Commitments.
•Consistency with other Union policies
The agreement is fully consistent with European Union policies. The agreement safeguards public services and has no impact on governments’ right to regulate in the public interest.
2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
•Legal basis
The agreement is to be concluded by the European Union pursuant to a decision of the Council based on Article 218(6) TFEU, following the European Parliament’s consent.
•Subsidiarity (for non-exclusive competence)
According to Article 5(3) of the TEU, the subsidiarity principle does not apply in areas of exclusive EU competence.
•Proportionality
The proposal to conclude the agreement does not exceed what is necessary to achieve the objective of taking additional commitments under GATS for domestic regulation on behalf of the European Union.
•Choice of the instrument
This proposal for a Council decision is submitted in accordance with paragraph 6 of Article 218 TFEU, which envisages the adoption by the Council of a decision authorising the conclusion of the agreement. This appears to be the most appropriate legal instrument to achieve the objective expressed in this proposal
3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS
•Ex-post evaluations/fitness checks of existing legislation
Not applicable
•Stakeholder consultations
Not applicable
•Collection and use of expertise
Not applicable
•Impact assessment
Not applicable
•Regulatory fitness and simplification
The agreement is not subject to REFIT procedures.
•Fundamental rights
The proposal does not affect the protection of fundamental rights within the European Union.
4.BUDGETARY IMPLICATIONS
The agreement is not expected to have a financial impact on the EU budget.
5.OTHER ELEMENTS
•Implementation plans and monitoring, evaluation and reporting arrangements
Not applicable
•Explanatory documents (for directives)
Not applicable
•Detailed explanation of the specific provisions of the proposal
The agreement would permit the incorporation of the disciplines in Annex 1 of the Declaration into the GATS Schedule applicable in the territory of the European Union.
2022/0174 (NLE)
Proposal for a
COUNCIL DECISION
on the conclusion, on behalf of the European Union, of an agreement on the modification of schedules of specific commitments under the General Agreement on Trade in Services to incorporate Annex 1 of the Declaration on the Conclusion of Negotiations on Services Domestic Regulation of 2 December 2021
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2), and Article 207, in conjunction with point (v) of Article 218(6)(a) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament 7 ,
Whereas:
(1)At the 11th Ministerial Conference of the Word Trade Organization, a group of 59 WTO Members, including the European Union, issued a Joint Ministerial Statement on Services Domestic Regulation whereby they launched a plurilateral initiative to negotiate disciplines on services domestic regulation.
(2)Negotiations have been conducted by the Commission in consultation with the Committee established under Article 207(3) of the Treaty. The number of participants of this plurilateral Joint Statement Initiative increased to 67 WTO Members over time.
(3)On 2 December 2021, the participants in these negotiations issued a Declaration on the Conclusion of Negotiations on Services Domestic Regulation (“the Declaration”), which announced the successful conclusion of the negotiations. The participants noted the conclusion of negotiations on the Reference Paper on Services Domestic Regulation 8 (“the Reference Paper”), which forms Annex 1 to the Declaration. They also welcomed the schedules of Specific Commitments 9 which were submitted by Members as their contributions to finalise the negotiations and form Annex 2 to the Declaration.
(4)The participants to the Declaration intend to incorporate the disciplines in the Reference Paper (Annex 1) as additional commitments into their GATS Schedules, in accordance with Section 1 of the Reference Paper. In accordance with paragraph 5 of the Declaration, the Participants aim to submit their Schedules of Specific Commitments for certification, pursuant to the Procedures for the Certification of Rectifications or Improvements to Schedules of Specific Commitments 10 , within twelve months of the date of the Declaration, subject to the completion of any required domestic procedures.
(5)The agreement to incorporate the disciplines in Annex 1 as additional commitments into the EU’s GATS schedule should be approved on behalf of the Union.
(6)In accordance with the Declaration, the Union should submit to the WTO the necessary modifications to its GATS Schedule, as set out in the Union’s Pre-Finalisation Schedule of Specific Commitments INF/SDR/IDS/EU/Rev. 1,
HAS ADOPTED THIS DECISION:
Article 1
The incorporation of the disciplines in Annex 1 to the Declaration on the Conclusion of Negotiations on Services Domestic Regulation into the European Union’s GATS Schedule as set out in INF/SDR/IDS/EU/Rev. 1 is hereby approved on behalf of the European Union.
The text of the Declaration and the European Union’s Pre-Finalisation Schedule of Specific Commitments are attached to this decision.
Article 2
The Commission is hereby authorised to submit to the World Trade Organization the necessary modifications to the European Union’s GATS Schedule, as set out in the European Union’s Pre-Finalisation Schedule of Specific Commitments INF/SDR/IDS/EU/Rev.1.
Article 3
This Decision shall enter into force on the day of its adoption and shall be published in the Official Journal of the European Union.
Done at Brussels,
For the Council
The President
EUROPEAN COMMISSION
Brussels, 7.6.2022
COM(2022) 257 final
ANNEX
to the
Proposal for a Council Decision
on the conclusion, on behalf of the European Union, of an agreement on the modification of schedules of specific commitments under the General Agreement on Trade in Services to incorporate Annex 1 of the Declaration on the Conclusion of Negotiations on Services Domestic Regulation of 2 December 2021
ATTACHMENT
WT/L/1129 of 2 December 2021
DECLARATION ON THE CONCLUSION OF NEGOTIATIONS ON
SERVICES DOMESTIC REGULATION
This Declaration is being issued at the request of Albania; Argentina; Australia; Bahrain, Kingdom of; Brazil; Canada; Chile; China; Colombia; Costa Rica; El Salvador; European Union; Hong Kong, China; Iceland; Israel; Japan; Kazakhstan; Korea, Republic of; Liechtenstein; Mauritius; Mexico; Moldova, Republic of; Montenegro; New Zealand; Nigeria; North Macedonia; Norway; Paraguay; Peru; Philippines; Russian Federation; Saudi Arabia, Kingdom of; Singapore; Switzerland; The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu; Thailand; Turkey; Ukraine; United Kingdom; United States; Uruguay.
1.The following Members of the World Trade Organization ("WTO")
Albania
Argentina
Australia
Bahrain, Kingdom of
Brazil
Canada
Chile
China
Colombia
Costa Rica
El Salvador
European Union
Hong Kong, China
Iceland
Israel
Japan
Kazakhstan
Korea, Republic of
Liechtenstein
Mauritius
Mexico
Moldova, Republic of
Montenegro
New Zealand
Nigeria
North Macedonia
Norway
Paraguay
Peru
Philippines
Russian Federation
Saudi Arabia, Kingdom of
Singapore
Switzerland
The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu
Thailand
Turkey
Ukraine
United Kingdom
United States
Uruguay
hereafter referred to as the "Participants",
in continuance of the commitment announced on 13 December 2017 at the 11th Session of the Ministerial Conference of the World Trade Organization (WT/MIN(17)/61), and reaffirmed on 23 May 2019 (WT/L/1059), and in ongoing recognition of the importance of good regulatory practice in facilitating trade in services,
hereby announce the successful conclusion of the negotiations in the Joint Initiative on Services Domestic Regulation.
2.The Participants note the conclusion of negotiations on the Reference Paper on Services Domestic Regulation (INF/SDR/2, of 26 November 2021, Annex 1).
3.The Participants welcome the Schedules of Specific Commitments (INF/SDR/3/Rev.1, of 2 December 2021, Annex 2) which were submitted as their contributions to finalize the negotiations.
4.The Participants intend to incorporate the disciplines in the Reference Paper as additional commitments into their GATS Schedules, in accordance with Section I of the Reference Paper.
5.Subject to the completion of any required domestic procedures, the Participants aim to submit their Schedules of Specific Commitments for certification, in accordance with the Procedures for the Certification of Rectifications or Improvements to Schedules of Specific Commitments (S/L/84, of 14 April 2000), within twelve months of the date of this Declaration.
6.Within six months of the date of this Declaration, the Participants intend to convene to provide an update on their progress in completing any required domestic procedures and assess whether their Schedules of Specific Commitments can be submitted for certification earlier than the timeframe specified in paragraph 5.
7.The Participants welcome any other WTO Member to join this Declaration with a view to incorporating the disciplines in the Reference Paper as additional commitments into its GATS Schedule, in accordance with Section I of the Reference Paper.
_______________
ANNEX 1
INF/SDR/2 of 26 November 2021
JOINT INITIATIVE ON SERVICES DOMESTIC REGULATION
REFERENCE PAPER ON SERVICES DOMESTIC REGULATION
SECTION I
1.Members have agreed to the disciplines on Services Domestic Regulation in this Reference Paper ("disciplines") with the objective of elaborating upon the provisions of the General Agreement on Trade in Services ("Agreement"), pursuant to paragraph 4 of Article VI of the Agreement. 1
2.Members recognize the difficulties which may be faced by service suppliers, particularly those of developing country Members, in complying with measures relating to licensing requirements and procedures, qualification requirements and procedures, and technical standards of other Members and in particular, the specific difficulties which may be faced by service suppliers from least-developed country Members.
3.Members recognize the right to regulate, and to introduce new regulations, on the supply of services within their territories in order to meet their policy objectives.
4.Members further recognize the existence of asymmetries with respect to the degree of development of services regulations in different countries, especially in the case of developing and least-developed country Members.
5.The disciplines shall not be construed to prescribe or impose any particular regulatory provisions regarding their implementation.
6.The disciplines shall not be construed as diminishing any obligations of Members under the Agreement.
Sectoral Coverage and Scheduling Modalities
7.Members shall inscribe the disciplines in Section II in their Schedules as additional commitments under Article XVIII of the Agreement. Members may choose to inscribe the alternative disciplines in Section III for their commitments in financial services.
8.The disciplines inscribed pursuant to paragraph 7 of this Section apply where specific commitments are undertaken. In addition, Members are encouraged to inscribe in their Schedules additional sectors to which the disciplines apply.
9.Members may exclude the discipline set out in paragraph 22 (d) of Section II and paragraph 19 (d) of Section III from the additional commitments scheduled under paragraph 7 of this Section.
Development
Transitional Periods for Developing Country Members
10.A developing country Member may designate specific disciplines for implementation on a date after a transitional period of no longer than 7 years following the entry into force of these disciplines. The scope of the designation may be limited to individual services sectors or subsectors. The transitional periods shall be inscribed in the respective Schedules of specific commitments. A developing country Member requiring an extended transitional period for implementation shall submit a request in accordance with relevant procedures. 2 Members shall give sympathetic consideration to granting such requests, taking into account the specific circumstances of the Member submitting the request.
Participation of Least-Developed Country Members
11.Least-developed country Members shall inscribe the disciplines pursuant to paragraph 7 of this Section in their Schedules of specific commitments, no later than 6 months in advance of their graduation from least-developed country status. Least-developed country Members may, at that time, designate transitional periods pursuant to paragraph 10 of this Section. Least-developed country Members are nonetheless encouraged to apply these disciplines before their graduation, to the extent consistent with their individual implementation capacity.
Technical Assistance and Capacity Building
12.Developed and developing country Members, in a position to do so, are encouraged to provide specific technical assistance and capacity building to developing and in particular least-developed country Members, upon their request and on mutually agreed terms and conditions, aimed, inter alia, at:
(a)developing and strengthening institutional and regulatory capacities to regulate the supply of services and to implement these disciplines, especially provisions and sectors to which transitional periods apply;
(b)assisting service suppliers of developing and in particular least-developed country Members to meet the relevant requirements and procedures in export markets;
(c)facilitating the establishment of technical standards and facilitating participation of developing and in particular least-developed country Members facing resource constraints in the relevant international organizations; and
(d)assisting, through public or private bodies and relevant international organizations, service suppliers of developing and in particular least-developed country Members in building their supply capacity and in complying with domestic regulation.
SECTION II – DISCIPLINES ON SERVICES DOMESTIC REGULATION
Scope of the Disciplines
1.These disciplines apply to measures by Members relating to licensing requirements and procedures, qualification requirements and procedures, and technical standards affecting trade in services.
2.These disciplines do not apply to any terms, limitations, conditions, or qualifications set out in a Member’s Schedule pursuant to Articles XVI or XVII of the Agreement.
3.For the purpose of these disciplines, "authorization" means the permission to supply a service, resulting from a procedure to which an applicant must adhere in order to demonstrate compliance with licensing requirements, qualification requirements, or technical standards.
Submission of Applications
4.Each Member shall, to the extent practicable, avoid requiring an applicant to approach more than one competent authority for each application for authorization. If a service is within the jurisdiction of multiple competent authorities, multiple applications for authorization may be required.
Application Timeframes
5.If a Member requires authorization for the supply of a service, it shall ensure that its competent authorities to the extent practicable permit submission of an application at any time throughout the year. 3 If a specific time period for applying exists, the Member shall ensure that the competent authorities allow a reasonable period for the submission of an application.
Electronic Applications and Acceptance of Copies
6.If a Member requires authorization for the supply of a service, it shall ensure that its competent authorities:
(a)taking into account their competing priorities and resource constraints, endeavour to accept applications in electronic format; and
(b)accept copies of documents, that are authenticated in accordance with the Member’s domestic laws and regulations, in place of original documents, unless the competent authorities require original documents to protect the integrity of the authorization process.
Processing of Applications
7.If a Member requires authorization for the supply of a service, it shall ensure that its competent authorities:
(a)to the extent practicable, provide an indicative timeframe for processing of an application;
(b)at the request of the applicant, provide without undue delay information concerning the status of the application;
(c)to the extent practicable, ascertain without undue delay the completeness of an application for processing under the Member’s domestic laws and regulations;
(d)if they consider an application complete for processing under the Member’s domestic laws and regulations, 4 within a reasonable period of time after the submission of the application ensure that:
(i)the processing of the application is completed; and
(ii)the applicant is informed of the decision concerning the application, 5 to the extent possible in writing; 6
(e)if they consider an application incomplete for processing under the Member’s domestic laws and regulations, within a reasonable period of time, to the extent practicable:
(i)inform the applicant that the application is incomplete;
(ii)at the request of the applicant, identify the additional information required to complete the application, or otherwise provide guidance on why the application is considered incomplete; and
(iii)provide the applicant with the opportunity 7 to provide the additional information that is required to complete the application;
however, if none of the above is practicable, and the application is rejected due to incompleteness, ensure that they so inform the applicant within a reasonable period of time; and
(f)if an application is rejected, to the extent possible, either upon their own initiative or upon request of the applicant, inform the applicant of the reasons for rejection and, if applicable, the procedures for resubmission of an application; an applicant should not be prevented from submitting another application 8 solely on the basis of a previously rejected application.
8.The competent authorities of a Member shall ensure that authorization, once granted, enters into effect without undue delay, subject to applicable terms and conditions. 9
Fees
9.Each Member shall ensure that the authorization fees 10 charged by its competent authorities are reasonable, transparent, based on authority set out in a measure, and do not in themselves restrict the supply of the relevant service.
Assessment of Qualifications
10.If a Member requires an examination for authorization for the supply of a service, that Member shall ensure that its competent authorities schedule such an examination at reasonably frequent intervals and provide a reasonable period of time to enable applicants to request to take the examination. Having regard to the cost, administrative burden, and the integrity of the procedures involved, Members are encouraged to accept requests in electronic format to take such examinations, and to consider, to the extent practicable, the use of electronic means in other aspects of examination processes.
Recognition
11.Where professional bodies of Members are mutually interested in establishing dialogues on issues relating to recognition of professional qualifications, licensing or registration, the relevant Members should consider supporting the dialogue of those bodies where requested and appropriate.
Independence
12.If a Member adopts or maintains measures relating to the authorization for the supply of a service, the Member shall ensure that its competent authorities reach and administer their decisions in a manner independent from any supplier of the service for which authorization is required. 11
Publication and Information available
13.If a Member requires authorization for the supply of a service, further to Article III of the Agreement, the Member shall promptly publish, 12 or otherwise make publicly available in writing, the information necessary for service suppliers or persons seeking to supply a service to comply with the requirements and procedures for obtaining, maintaining, amending and renewing such authorization. Such information shall include, inter alia, where it exists:
(a)the requirements and procedures;
(b)contact information of relevant competent authorities;
(c)fees;
(d)technical standards;
(e)procedures for appeal or review of decisions concerning applications;
(f)procedures for monitoring or enforcing compliance with the terms and conditions of licenses or qualifications;
(g)opportunities for public involvement, such as through hearings or comments; and
(h)indicative timeframes for processing of an application.
Opportunity to Comment and Information before Entry into Force
14.To the extent practicable and in a manner consistent with its legal system for adopting measures, each Member 13 shall publish in advance:
(a)its laws and regulations of general application it proposes to adopt in relation to matters falling within the scope of paragraph 1 of this Section; or
(b)documents that provide sufficient details about such a possible new law or regulation to allow interested persons and other Members to assess whether and how their interests might be significantly affected.
15.To the extent practicable and in a manner consistent with its legal system for adopting measures, each Member is encouraged to apply paragraph 14 of this Section to procedures and administrative rulings of general application it proposes to adopt in relation to matters falling within the scope of paragraph 1 of this Section.
16.To the extent practicable and in a manner consistent with its legal system for adopting measures, each Member shall provide interested persons and other Members a reasonable opportunity to comment on such proposed measures or documents published under paragraphs 14 or 15 of this Section.
17.To the extent practicable and in a manner consistent with its legal system for adopting measures, each Member shall consider comments received under paragraph 16 of this Section. 14
18.In publishing a law or regulation referred to in paragraph 14 (a) of this Section, or in advance of such publication, to the extent practicable and in a manner consistent with its legal system for adopting measures, a Member is encouraged to explain the purpose and rationale of the law or regulation.
19.Each Member shall, to the extent practicable, endeavour to allow reasonable time between publication of the text of a law or regulation referred to in paragraph 14 (a) of this Section and the date on which service suppliers must comply with the law or regulation.
Enquiry Points
20.Each Member shall maintain or establish appropriate mechanisms for responding to enquiries from service suppliers or persons seeking to supply a service regarding the measures referred to in paragraph 1 of this Section. 15 A Member may choose to address such enquiries through either the enquiry and contact points established under Articles III and IV of the Agreement or any other mechanisms as appropriate.
Technical Standards
21.Each Member shall encourage its competent authorities, when adopting technical standards, to adopt technical standards developed through open and transparent processes, and shall encourage any body, including relevant international organizations, 16 designated to develop technical standards to use open and transparent processes.
Development of Measures
22.If a Member adopts or maintains measures relating to the authorization for the supply of a service, the Member shall ensure that:
(a)such measures are based on objective and transparent criteria; 17
(b)the procedures are impartial, and that the procedures are adequate for applicants to demonstrate whether they meet the requirements, if such requirements exist;
(c)the procedures do not in themselves unjustifiably prevent the fulfilment of requirements; and
(d)such measures do not discriminate between men and women. 18
SECTION III - ALTERNATIVE DISCIPLINES ON SERVICES DOMESTIC
REGULATION FOR FINANCIAL SERVICES
Scope
1.These disciplines apply to measures by Members relating to licensing requirements and procedures, and qualification requirements and procedures affecting trade in financial services, as defined in the GATS Annex on Financial Services.
2.These disciplines do not apply to any terms, limitations, conditions, or qualifications set out in a Member’s Schedule pursuant to Articles XVI or XVII of the Agreement.
3.For the purpose of these disciplines, "authorization" means the permission to supply a service, resulting from a procedure to which an applicant must adhere in order to demonstrate compliance with licensing requirements, or qualification requirements.
Application Timeframes
4.If a Member requires authorization for the supply of a service, it shall ensure that its competent authorities to the extent practicable permit submission of an application at any time throughout the year. 19 If a specific time period for applying exists, the Member shall ensure that the competent authorities allow a reasonable period for the submission of an application.
Electronic Applications and Acceptance of Copies
5.If a Member requires authorization for the supply of a service, it shall ensure that its competent authorities:
(a)taking into account their competing priorities and resource constraints, endeavour to accept applications in electronic format; and
(b)accept copies of documents, that are authenticated in accordance with the Member’s domestic laws and regulations, in place of original documents, unless the competent authorities require original documents to protect the integrity of the authorization process.
Processing of Applications
6.If a Member requires authorization for the supply of a service, it shall ensure that its competent authorities:
(a)to the extent practicable, provide an indicative timeframe for processing of an application;
(b)at the request of the applicant, provide without undue delay information concerning the status of the application;
(c)to the extent practicable, ascertain without undue delay the completeness of an application for processing under the Member’s domestic laws and regulations;
(d)if they consider an application complete for processing under the Member’s domestic laws and regulations, 20 within a reasonable period of time after the submission of the application ensure that:
(i)the processing of the application is completed; and
(ii)the applicant is informed of the decision concerning the application, 21 to the extent possible in writing; 22
(e)if they consider an application incomplete for processing under the Member’s domestic laws and regulations, within a reasonable period of time, to the extent practicable:
(i)inform the applicant that the application is incomplete;
(ii)at the request of the applicant, identify the additional information required to complete the application, or otherwise provide guidance on why the application is considered incomplete; and
(iii)provide the applicant with the opportunity 23 to provide the additional information that is required to complete the application;
however, if none of the above is practicable, and the application is rejected due to incompleteness, ensure that they so inform the applicant within a reasonable period of time; and
(f)if an application is rejected, to the extent practicable, either upon their own initiative or upon request of the applicant, inform the applicant of the reasons for rejection and, if applicable, the procedures for resubmission of an application; an applicant should not be prevented from submitting another application 24 solely on the basis that an application had been previously rejected.
7.The competent authorities of a Member shall ensure that authorization, once granted, enters into effect without undue delay, subject to applicable terms and conditions. 25
Fees
8.Each Member shall ensure that its competent authorities, with respect to authorization fees 26 they charge, provide applicants with a schedule of fees or information on how fee amounts are determined.
Assessment of Qualifications
9.If a Member requires an examination for authorization for the supply of a service, that Member shall ensure that its competent authorities schedule such an examination at reasonably frequent intervals and provide a reasonable period of time to enable applicants to request to take the examination. Having regard to the cost, administrative burden, and the integrity of the procedures involved, Members are encouraged to accept requests in electronic format to take such examinations, and to consider, to the extent practicable, the use of electronic means in other aspects of examination processes.
Independence
10.If a Member adopts or maintains measures relating to the authorization for the supply of a service, the Member shall ensure that its competent authorities reach and administer their decisions in a manner independent from any supplier of the service for which authorization is required. 27
Publication and Information available
11.If a Member requires authorization for the supply of a service, further to Article III of the Agreement and paragraphs 6 and 8 of this Section, the Member shall promptly publish, 28 or otherwise make publicly available in writing the information necessary for service suppliers or persons seeking to supply a service to comply with the requirements and procedures for obtaining, maintaining, amending and renewing such authorization. Such information shall include, inter alia, where it exists:
(a)the requirements and procedures;
(b)contact information of relevant competent authorities;
(c)procedures for appeal or review of decisions concerning applications;
(d)procedures for monitoring or enforcing compliance with the terms and conditions of licenses or qualifications; and
(e)opportunities for public involvement, such as through hearings or comments.
Opportunity to Comment and Information before Entry into Force
12.To the extent practicable and in a manner consistent with its legal system for adopting measures, each Member 29 shall publish in advance:
(a)its laws and regulations of general application it proposes to adopt in relation to matters falling within the scope of paragraph 1 of this Section; or
(b)documents that provide sufficient details about such a possible new law or regulation to allow interested persons and other Members to assess whether and how their interests might be significantly affected.
13.To the extent practicable and in a manner consistent with its legal system for adopting measures, each Member is encouraged to apply paragraph 12 of this Section to procedures and administrative rulings of general application it proposes to adopt in relation to matters falling within the scope of paragraph 1.
14.To the extent practicable and in a manner consistent with its legal system for adopting measures, each Member shall provide interested persons and other Members a reasonable opportunity to comment on such proposed measures or documents published under paragraphs 12 or 13 of this Section.
15.To the extent practicable and in a manner consistent with its legal system for adopting measures, each Member shall consider comments received under paragraph 14 of this Section. 30
16.In publishing a law or regulation referred to in paragraph 12 (a) of this Section, or in advance of such publication, to the extent practicable and in a manner consistent with its legal system for adopting measures, a Member is encouraged to explain the purpose and rationale of the law or regulation.
17.Each Member shall, to the extent practicable, endeavour to allow reasonable time between publication of the text of a law or regulation referred to in paragraph 12 (a) of this Section and the date on which service suppliers must comply with the law or regulation.
Enquiry Points
18.Each Member shall maintain or establish appropriate mechanisms for responding to enquiries from service suppliers or persons seeking to supply a service regarding the measures referred to in paragraph 1 of this Section. 31 A Member may choose to address such enquiries through either the enquiry and contact points established under Articles III and IV of the Agreement or any other mechanisms as appropriate.
Development of Measures
19.If a Member adopts or maintains measures relating to the authorization for the supply of a service, the Member shall ensure that:
(a)such measures are based on objective and transparent criteria; 32
(b)the procedures are impartial, and that the procedures are adequate for applicants to demonstrate whether they meet the requirements, if such requirements exist;
(c)the procedures do not in themselves unjustifiably prevent fulfilment of requirements; and
(d)such measures do not discriminate between men and women. 33
_______________
ANNEX 2
INF/SDR/3/Rev.1 of 2 December 2021
JOINT INITIATIVE ON SERVICES DOMESTIC REGULATION
SCHEDULES OF SPECIFIC COMMITMENTS
Revision 34*
This document contains a list of the Schedules of Specific Commitments concerning services domestic regulation disciplines.
_______________
|
MEMBER |
DATE OF SUBMISSION |
DOCUMENT SYMBOL |
|
|
1. |
Albania |
22.11.2021 |
INF/SDR/IDS/ALB/Rev.1 |
|
2. |
Argentina |
29.10.2021 |
INF/SDR/IDS/ARG |
|
3. |
Australia |
19.10.2021 |
INF/SDR/IDS/AUS/Rev.1 |
|
4. |
Bahrain, Kingdom of |
To be submitted no later than 31 March 2022 |
|
|
5. |
Brazil |
12.11.2021 |
INF/SDR/IDS/BRA/Rev.1 |
|
6. |
Canada |
22.10.2021 |
INF/SDR/IDS/CAN/Rev.1 |
|
7. |
Chile |
29.10.2021 |
INF/SDR/IDS/CHL/Rev.1 |
|
8. |
China |
29.10.2021 |
INF/SDR/IDS/CHN/Rev.1 |
|
9. |
Colombia |
29.10.2021 |
INF/SDR/IDS/COL/Rev.1 |
|
10. |
Costa Rica |
17.11.2021 |
INF/SDR/IDS/CRI/Rev.1 |
|
11. |
El Salvador |
To be submitted no later than 31 March 2022 |
|
|
12. |
European Union |
29.10.2021 |
INF/SDR/IDS/EU/Rev.1 |
|
13. |
Hong Kong, China |
02.11.2021 |
INF/SDR/IDS/HKG/Rev.1 |
|
14. |
Iceland |
29.10.2021 |
INF/SDR/IDS/ISL/Rev.1 |
|
15. |
Israel |
29.10.2021 |
INF/SDR/IDS/ISR/Rev.1 |
|
16. |
Japan |
28.10.2021 |
INF/SDR/IDS/JPN/Rev.1 |
|
17. |
Kazakhstan |
26.11.2021 |
INF/SDR/IDS/KAZ/Rev.1 |
|
18. |
Korea, Republic of |
28.10.2021 |
INF/SDR/IDS/KOR/Rev.1 |
|
19. |
Liechtenstein |
10.11.2021 |
INF/SDR/IDS/LIE/Rev.1 |
|
20. |
Mauritius |
27.10.2021 |
INF/SDR/IDS/MUS/Rev.1 |
|
21. |
Mexico |
01.11.2021 |
INF/SDR/IDS/MEX/Rev.1 |
|
22. |
Moldova, Republic of |
29.10.2021 |
INF/SDR/IDS/MDA/Rev.1 |
|
23. |
Montenegro |
16.11.2021 |
INF/SDR/IDS/MNE/Rev.1 |
|
24. |
New Zealand |
29.10.2021 |
INF/SDR/IDS/NZL/Rev.1 |
|
25. |
Nigeria |
23.11.2021 |
INF/SDR/IDS/NGA/Rev.1 |
|
26. |
North Macedonia |
16.11.2021 |
INF/SDR/IDS/MDK/Rev.1 |
|
27. |
Norway |
28.10.2021 |
INF/SDR/IDS/NOR/Rev.1 |
|
28. |
Paraguay |
19.11.2021 |
INF/SDR/IDS/PRY/Rev.1 |
|
29. |
Peru |
17.11.2021 |
INF/SDR/IDS/PER/Rev.1 |
|
30. |
Philippines |
To be submitted no later than 28 February 2022 |
|
|
31. |
Russian Federation |
To be submitted no later than 28 February 2022 |
|
|
32. |
Saudi Arabia, Kingdom of |
22.11.2021 |
INF/SDR/IDS/KSA/Rev.1 |
|
33. |
Singapore |
03.11.2021 |
INF/SDR/IDS/SGP/Rev.1 |
|
34. |
Switzerland |
01.11.2021 |
INF/SDR/IDS/CHE/Rev.1 |
|
35. |
The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu |
27.10.2021 |
INF/SDR/IDS/TPKM/Rev.1 |
|
36. |
Thailand |
25.11.2021 |
INF/SDR/IDS/THA |
|
37. |
Turkey |
28.10.2021 |
INF/SDR/IDS/TUR/Rev.1 |
|
38. |
Ukraine |
05.11.2021 |
INF/SDR/IDS/UKR/Rev.1 |
|
39. |
United Kingdom |
27.10.2021 |
INF/SDR/IDS/GBR |
|
40. |
United States |
22.10.2021 |
INF/SDR/IDS/USA |
|
41. |
Uruguay |
29.10.2021 |
INF/SDR/IDS/URY/Rev.1 |
ATTACHMENT
INF/SDR/IDS/EU/Rev.1
JOINT INITIATIVE ON SERVICES DOMESTIC REGULATION
COMMUNICATION FROM THE EUROPEAN UNION
PRE-FINALISATION SCHEDULE OF SPECIFIC COMMITMENTS
This text supplements the entries relating to the Horizontal Commitments contained in the following documents:
–European Union: GATS/SC/157 (7 May 2019);
–Bulgaria: GATS/SC/122 (21 May 1997), GATS/SC/122/S1(11 April 1997), GATS/SC/122/S2 (26 February 1998);
–Romania: GATS/72 (15 April 1994), GATS/SC/72/S1 (11 April 1997), GATS/SC/72/S2 (26 February 1998);
–Croatia: GATS/SC/130 (22 December 2000).
_______________
PRE-FINALISATION SCHEDULE OF SPECIFIC COMMITMENTS – EUROPEAN UNION
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Modes of Supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons |
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Sector or Sub-sector |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
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I. HORIZONTAL COMMITMENTS |
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ALL SECTORS INCLUDED IN THIS SCHEDULE |
The European Union undertakes as additional commitments the disciplines contained in Section II of document INF/SDR/1 for all sectors included in this schedule, except for financial services. The European Union undertakes as additional commitments the disciplines contained in Section III of document INF/SDR/1 for financial services sectors included in this schedule. |
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