Council Decision (EU) 2022/2384 of 25 November 2022 on the approval, on behalf of the European Union, of the modification of the Union’s Schedule of Specific Commitments under the General Agreement on Trade in Services (GATS) to incorporate Annex 1 to the Declaration on the Conclusion of Negotiations on Services Domestic Regulation
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Address https://gelex.eu/eli/EU/decision/2022/2384@2022-11-25/en
Contents
- Preamble
- WT/L/1129 of 2 December 2021 DECLARATION ON THE CONCLUSION OF NEGOTIATIONS ON SERVICES DOMESTIC REGULATION
- ANNEX
- ANNEX 1
- INF/SDR/2 of 26 November 2021 JOINT INITIATIVE ON SERVICES DOMESTIC REGULATION REFERENCE PAPER ON SERVICES DOMESTIC REGULATION
- ANNEX 2
- INF/SDR/3/Rev.1 of 2 December 2021 JOINT INITIATIVE ON SERVICES DOMESTIC REGULATION SCHEDULES OF SPECIFIC COMMITMENTS Revision
- INF/SDR/IDS/EU/Rev.1 JOINT INITIATIVE ON SERVICES DOMESTIC REGULATION COMMUNICATION FROM THE EUROPEAN UNION
- Pre-Finalisation Schedule of Specific Commitments 1.2.
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(4), first subparagraph in conjunction with Article 218(6)(a)(v) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament,
Whereas:
(1) At the 11th Ministerial Conference of the Word Trade Organization (WTO), a group of 59 WTO Members, including the Union, issued a Joint Ministerial Statement on Services Domestic Regulation whereby they launched a plurilateral initiative to negotiate disciplines on services domestic regulation.
(2) The Commission conducted negotiations in consultation with the Committee established under Article 207(3) of the Treaty. The number of participants in this plurilateral Joint Statement Initiative increased to 67 WTO Members over time.
(3) On 2 December 2021, the participants in those 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, which is set out in Annex 1 to the Declaration. They also welcomed the GATS Schedules of Specific Commitments which were submitted by WTO Members as their contributions to finalise the negotiations and which were attached to the Declaration as Annex 2.
(4) The participants to the Declaration intend to incorporate the disciplines specified in Annex 1 to the Declaration as additional commitments into their GATS Schedules of Specific Commitments, in accordance with Section 1 of that Annex. In accordance with paragraph 5 of the Declaration, the participants aim to submit their GATS Schedules of Specific Commitments for certification, pursuant to the Procedures for the Certification of Rectifications or Improvements to Schedules of Specific Commitments, within 12 months of the date of the Declaration, subject to the completion of any required domestic procedures.
(5) In accordance with the Declaration, the Union should submit to the WTO the necessary modifications to its GATS Schedule of Specific Commitments, as set out in the Union’s Pre-Finalisation Schedule of Specific Commitments.
(6) The incorporation of the disciplines specified in Annex 1 to the Declaration as additional commitments into the Union’s GATS Schedule of Specific Commitments should therefore be approved on behalf of the Union,
HAS ADOPTED THIS DECISION:
Article 1
The incorporation of the disciplines specified in Annex 1 to the Declaration on the Conclusion of Negotiations on Services Domestic Regulation into the Union’s GATS Schedule of Specific Commitments is hereby approved on behalf of the European Union. The text of the Declaration and the Union’s Pre-Finalisation Schedule of Specific Commitments is attached to this Decision.
Article 2
The Commission is hereby authorised to submit to the WTO the necessary modifications to the Union’s GATS Schedule of Specific Commitments, as set out in the Union’s Pre-Finalisation Schedule of Specific Commitments.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 25 November 2022. For the Council The President J. Síkela
WT/L/1129 of 2 December 2021 DECLARATION ON THE CONCLUSION OF NEGOTIATIONS ON SERVICES DOMESTIC REGULATION
Txt. 1. 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. The following Members of the World Trade Organization (WTO) (1) Albania (2) Argentina (3) Australia (4) Bahrain, Kingdom of (5) Brazil (6) Canada (7) Chile (8) China (9) Colombia (10) Costa Rica (11) El Salvador (12) European Union (13) Hong Kong, China (14) Iceland (15) Israel (16) Japan (17) Kazakhstan (18) Korea, Republic of (19) Liechtenstein (20) Mauritius (21) Mexico (22) Moldova, Republic of (23) Montenegro (24) New Zealand (25) Nigeria (26) North Macedonia (27) Norway (28) Paraguay (29) Peru (30) Philippines (31) Russian Federation (32) Saudi Arabia, Kingdom of (33) Singapore (34) Switzerland (35) The Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu (36) Thailand (37) Turkey (38) Ukraine (39) United Kingdom (40) United States (41) Uruguay Txt. 2. hereafter referred to as the Participants, (42) 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, (43) hereby announce the successful conclusion of the negotiations in the Joint Initiative on Services Domestic Regulation. Txt. 3. The Participants note the conclusion of negotiations on the Reference Paper on Services Domestic Regulation (INF/SDR/2, of 26 November 2021, Annex 1). 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. 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. 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. 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. 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.
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. 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.
The Participants note the conclusion of negotiations on the Reference Paper on Services Domestic Regulation (INF/SDR/2, of 26 November 2021, Annex 1). 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. 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. 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. 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. 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
Grp_coverage_and_scheduling_modalities. 789. 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. 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. 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. Grp_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. Members shall give sympathetic consideration to granting such requests, taking into account the specific circumstances of the Member submitting the request. Grp_of_leastdeveloped_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. (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. Grp_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: Grp_i. 123456. 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. 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. 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. 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. The disciplines shall not be construed to prescribe or impose any particular regulatory provisions regarding their implementation. The disciplines shall not be construed as diminishing any obligations of Members under the Agreement. Grp_of_the_disciplines. 123. These disciplines apply to measures by Members relating to licensing requirements and procedures, qualification requirements and procedures, and technical standards affecting trade in services. 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. 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. Grp_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. Grp_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. 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. (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. Grp_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) 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; (i) the processing of the application is completed; and (ii) the applicant is informed of the decision concerning the application, to the extent possible in writing; (d) if they consider an application complete for processing under the Member’s domestic laws and regulations, within a reasonable period of time after the submission of the application ensure that: (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 to provide the additional information that is required to complete the application; (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: 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 solely on the basis of a previously rejected application. Grp_of_applications. 7. If a Member requires authorization for the supply of a service, it shall ensure that its competent authorities: The competent authorities of a Member shall ensure that authorization, once granted, enters into effect without undue delay, subject to applicable terms and conditions. Grp. 9. Each Member shall ensure that the authorization fees 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. Grp_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. Grp. 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. Grp. 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. (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. Grp_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, 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) 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. Grp_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 shall publish in advance: 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. 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. 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. 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. 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. Grp_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. 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. Grp_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, designated to develop technical standards to use open and transparent processes. (a) such measures are based on objective and transparent criteria; (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. Grp_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: Grp. 123. 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. 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. 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. Grp_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. 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. (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. Grp_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) 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; (i) the processing of the application is completed; and (ii) the applicant is informed of the decision concerning the application, to the extent possible in writing; (d) if they consider an application complete for processing under the Member’s domestic laws and regulations, within a reasonable period of time after the submission of the application ensure that: (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 to provide the additional information that is required to complete the application; (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: 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 solely on the basis that an application had been previously rejected. Grp_of_applications. 6. If a Member requires authorization for the supply of a service, it shall ensure that its competent authorities: The competent authorities of a Member shall ensure that authorization, once granted, enters into effect without undue delay, subject to applicable terms and conditions. Grp. 8. Each Member shall ensure that its competent authorities, with respect to authorization fees they charge, provide applicants with a schedule of fees or information on how fee amounts are determined. Grp_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. Grp. 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. (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. Grp_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, 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) 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. Grp_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 shall publish in advance: 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. 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. 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. 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. 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. Grp_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. 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. (a) such measures are based on objective and transparent criteria; (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. Grp_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:
ANNEX 1
INF/SDR/2 of 26 November 2021 JOINT INITIATIVE ON SERVICES DOMESTIC REGULATION REFERENCE PAPER ON SERVICES DOMESTIC REGULATION
SECTION I 1.2.3.4.5.6.
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. 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. 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. 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. The disciplines shall not be construed to prescribe or impose any particular regulatory provisions regarding their implementation. The disciplines shall not be construed as diminishing any obligations of Members under the Agreement. Grp_coverage_and_scheduling_modalities. 789. 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. 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. 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. Grp_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. Members shall give sympathetic consideration to granting such requests, taking into account the specific circumstances of the Member submitting the request. Grp_of_leastdeveloped_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. (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. Grp_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:
Sectoral Coverage and Scheduling Modalities 7.8.9. 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. 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. 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.
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. 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.
(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 1.2.3. These disciplines apply to measures by Members relating to licensing requirements and procedures, qualification requirements and procedures, and technical standards affecting trade in services. 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. 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. 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.
(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 7.8. If a Member requires authorization for the supply of a service, it shall ensure that its competent authorities: The competent authorities of a Member shall ensure that authorization, once granted, enters into effect without undue delay, subject to applicable terms and conditions. (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; (i) the processing of the application is completed; and (ii) the applicant is informed of the decision concerning the application, to the extent possible in writing; (d) if they consider an application complete for processing under the Member’s domestic laws and regulations, within a reasonable period of time after the submission of the application ensure that: (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 to provide the additional information that is required to complete the application; (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: 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 solely on the basis of a previously rejected application.
(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, 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, to the extent possible in writing;
(i) the processing of the application is completed; and
(ii) the applicant is informed of the decision concerning the application, to the extent possible in writing;
(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: 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 (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 to provide the additional information that is required to complete the application;
(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 to provide the additional information that is required to complete the application;
(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 solely on the basis of a previously rejected application.
Fees 9. Each Member shall ensure that the authorization fees 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.
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, 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.
(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 14.15.16.17.18.19. To the extent practicable and in a manner consistent with its legal system for adopting measures, each Member shall publish in advance: 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. 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. 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. 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. 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. (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.
(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.
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. 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, 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; (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.
(a) such measures are based on objective and transparent criteria;
(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.
SECTION III ALTERNATIVE DISCIPLINES ON SERVICES DOMESTIC REGULATION FOR FINANCIAL SERVICES
Scope 1.2.3. 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. 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. 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. 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.
(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 6.7. If a Member requires authorization for the supply of a service, it shall ensure that its competent authorities: The competent authorities of a Member shall ensure that authorization, once granted, enters into effect without undue delay, subject to applicable terms and conditions. (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; (i) the processing of the application is completed; and (ii) the applicant is informed of the decision concerning the application, to the extent possible in writing; (d) if they consider an application complete for processing under the Member’s domestic laws and regulations, within a reasonable period of time after the submission of the application ensure that: (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 to provide the additional information that is required to complete the application; (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: 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 solely on the basis that an application had been previously rejected.
(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, 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, to the extent possible in writing;
(i) the processing of the application is completed; and
(ii) the applicant is informed of the decision concerning the application, to the extent possible in writing;
(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: 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 (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 to provide the additional information that is required to complete the application;
(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 to provide the additional information that is required to complete the application;
(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 solely on the basis that an application had been previously rejected.
Fees 8. Each Member shall ensure that its competent authorities, with respect to authorization fees 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.
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, 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.
(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 12.13.14.15.16.17. To the extent practicable and in a manner consistent with its legal system for adopting measures, each Member shall publish in advance: 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. 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. 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. 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. 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. (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.
(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.
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. 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; (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.
(a) such measures are based on objective and transparent criteria;
(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.
Grp. revision. 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 Grp_schedule_of_specific_commitments. 12. The following communication dated 29 October 2021 was received from the delegation of the European Union. The European Union submits the attached draft Schedule as its contribution to the finalisation of the negotiations in the Joint Initiative on Services Domestic Regulation. This Schedule reflects the European Union's scheduling approach in accordance with Section I of document INF/SDR/1. (1) European Union: GATS/SC/157 (7 May 2019); (2) Bulgaria: GATS/SC/122 (21 May 1997), GATS/SC/122/S1(11 April 1997), GATS/SC/122/S2 (26 February 1998); (3) Romania: GATS/72 (15 April 1994), GATS/SC/72/S1 (11 April 1997), GATS/SC/72/S2 (26 February 1998); (4) Croatia: GATS/SC/130 (22 December 2000). Grp_union_prefinalisation_schedule_of_specific. commitments. This text supplements the entries relating to the Horizontal Commitments contained in the following documents: Grp_schedule_of_specific_commitments_european. union. Modes of Supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments I. HORIZONTAL COMMITMENTS 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.
ANNEX 2
INF/SDR/3/Rev.1 of 2 December 2021 JOINT INITIATIVE ON SERVICES DOMESTIC REGULATION SCHEDULES OF SPECIFIC COMMITMENTS Revision
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
INF/SDR/IDS/EU/Rev.1 JOINT INITIATIVE ON SERVICES DOMESTIC REGULATION COMMUNICATION FROM THE EUROPEAN UNION
Pre-Finalisation Schedule of Specific Commitments 1.2.
The following communication dated 29 October 2021 was received from the delegation of the European Union. The European Union submits the attached draft Schedule as its contribution to the finalisation of the negotiations in the Joint Initiative on Services Domestic Regulation. This Schedule reflects the European Union's scheduling approach in accordance with Section I of document INF/SDR/1.
EUROPEAN UNION PRE-FINALISATION SCHEDULE OF SPECIFIC COMMITMENTS
This text supplements the entries relating to the Horizontal Commitments contained in the following documents: (1) European Union: GATS/SC/157 (7 May 2019); (2) Bulgaria: GATS/SC/122 (21 May 1997), GATS/SC/122/S1(11 April 1997), GATS/SC/122/S2 (26 February 1998); (3) Romania: GATS/72 (15 April 1994), GATS/SC/72/S1 (11 April 1997), GATS/SC/72/S2 (26 February 1998); (4) Croatia: GATS/SC/130 (22 December 2000).
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
Modes of Supply: (1) Cross-border supply (2) Consumption abroad (3) Commercial presence (4) Presence of natural persons Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments I. HORIZONTAL COMMITMENTS 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.