Abstract
The EU has gone further than the GATS in several of its EIAs. This part assesses how much further it has gone in the context of the Cariforum Economic Partnership Agreement (EPA). The choice of this EPA is important because it analyses EU commitments in a recent EIA which at the time of writing, is the most topical one between the EU and any country within the African Caribbean and Pacific (ACP) Group of countries—as it is the only one that is fully signed, ratified and is currently in force. The EPA was signed on October 15, 2008 by the European Community on the one hand, and Antigua and Barbuda, Bahamas, Barbados, Belize, Dominica, the Dominican Republic, Grenada, Jamaica, Saint Christopher and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago on the other. Guyana later signed on October 20, 2008. Because it is an EIA with a large group of developing countries (which are also important services—based economies), it demonstrates not only what such countries are willing to give with respect to services liberalization in a WTO plus context, but also the EU approach to north–south EIAs, and is possibly a trend-setter for the future—demonstrating what other ACP countries, still engaged in EPA negotiations, can expect from the EU.
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- 1.
See CARIFORUM-EC Economic Partnership Agreement. Online available: http://ctrc.sice.oas.org/Trade/CARIFORUM-ECEPA/CARIFORUM-ECEPA_e.asp. Accessed on 2 August 2013.
- 2.
Title II: Investment, Trade in Services and E-Commerce. See Official Journal of the European Union, L 289/1/22 of 30.10.2008.
- 3.
See Article 80, EPA, ibid., at p. 29.
- 4.
See Annex IV, list of commitments on Investment and Trade in Services, EPA, at p. 1639.
- 5.
See Article 60, Paragraph 5, EPA, at p. 20.
- 6.
See Article 80: (2) (a), Cariforum EPA, at p. 27.
- 7.
See Article 80: (2) (a) EPA, at p. 29.
- 8.
See 80: (2) (a), EPA, at p. 29.
- 9.
See 80: (2) (a) (1) and (2), EPA, at p. 29.
- 10.
See Article 80: (2) (a) (i), (ii) (iii), EPA, at p. 29. Also see WTO Document S/C/W/273 at p. 32.
- 11.
See Article 80: (2) (a) (2), EPA, ibid., at p. 29. Also see WTO Document S/C/W/273 at p. 33.
- 12.
Note that this is a different approach to the one proposed by LDCs on Graduate Trainees in their Mode 4 request to WTO Members in the sense that the EPA commitment requires links to commercial presence and does not envisage the situation of students staying on after studies as is proposed by the LDCs.
- 13.
See footnote to Article 80: (2) (b), Cariforum EPA.
- 14.
See Article 80: (2) (c), Cariforum EPA, at p. 29.
- 15.
See Article 80: (2) (d), Cariforum EPA, at p. 29.
- 16.
See Article 80: (2) (e), Cariforum EPA, at p. 30.
- 17.
These are: Definitional aspects of natural persons, .Horizontal requirements for CSS. Sectoral scope for CSS, Horizontal requirements for IPs, Sectoral scope for IPs, Horizontal requirement for BVs, Sectoral scope for BVs, Inter-Modal applicability: Modes 3 and 4, Duration of stay, and ENTs.
- 18.
See Paragraph 1, Annex IV: C, EPA, at p. 1687.
- 19.
Ibid.
- 20.
A similar approach seems to be taken in the EU-Colombia FTA. Online available: http://trade.ec.europa.eu/doclib/docs/2011/march/tradoc_147720.pdf. Accessed on 3 February 2012.
- 21.
CPC means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC prov, 1991. CPC ver. 1.0 means the Central Products Classification as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 77, CPC ver 1.0, 1998.
- 22.
See Paragraph 2, Annex IV:C, EPA at p. 1687.
- 23.
ISIC rev 3.1 means the International Standard Industrial Classification of all Economic Activities as set out in Statistical Office of the United Nations, Statistical Papers, Series M, No 4, ISIC REV 3.1, 2002.
- 24.
For more information on the ISCO, see http://www.ilo.org/public/english/bureau/stat/isco/. Accessed on 3 February 2012.
- 25.
See Paragraph 6, Annex IV: C, EPA, at p. 1687.
- 26.
See Article 81: (1), EPA, at p. 30.
- 27.
See Article 81: (2), EPA, at p. 30. Although it is difficult to square this with the ENT provisions.
- 28.
Similar provisions exist for Business Service Sellers in Article 82, EPA, at p. 30.
- 29.
For the treatment of MFN in the case of cross border supply, see Article 70, EPA at p. 28.
- 30.
See Article 70: (2), EPA.
- 31.
See Article 70: (1), (b), EPA.
- 32.
See Article XX: 2, GATS.
- 33.
It is probably introduced as a condition owing to introduction of domestic and EU law as part of commitment’ scope.
- 34.
Ibid.
- 35.
A commitment is made in Mode 3 for Insurance and Insurance Related Services. See List of commitments for commercial presence, EPA, p. 1656. Therefore Article 81 of the EPA applies.
- 36.
Covering Austria, Belgium, Czech Republic, Denmark, Germany, Spain, Finland, France, Greece, Hungary, Italy, Ireland, Luxembourg, Netherlands, Portugal, Sweden, Slovak Republic and UK.
- 37.
Especially for top management.
- 38.
A commitment is made in Mode 3 for Health Services and Social Services: Hospital Services. See List of commitments for commercial presence, EPA, p. 1659. Therefore Article 81 of the EPA applies.
- 39.
For public hospitals.
- 40.
The necessary authorisation takes into consideration the availability of local managers.
- 41.
Ibid.
- 42.
A commitment is made in Mode 3 for Tourism and Travel Related Services. See List of commitments for commercial presence, EPA, p. 1659. Therefore Article 81 of the EPA applies.
- 43.
For cafés and bars.
- 44.
A commitment is made for Mode 3. See List of commitments for commercial presence, Tourism and Travel Related Services EPA, p. 1659. Therefore Article 81 of the EPA applies.
- 45.
A Commitment is made in Mode 3 for Recreation, Cultural and Sporting Services. See List of commitments for commercial presence, EPA, p. 1660. Therefore Article 81 of the EPA applies.
- 46.
For managers.
- 47.
A commitment is made for Mode 3. See List of commitments for commercial presence, Recreational, Cultural and Sporting Services (other than audio-visual services), EPA, p. 1660. Therefore Article 81 of the EPA applies.
- 48.
A commitment is made for Mode 3. See List of commitments for commercial presence, Transport Services, Maritime transport, EPA, p. 1660. Therefore Article 81 of the EPA applies.
- 49.
Ibid.
- 50.
Ibid. Of interest in relation to Mode 3 is that Italy applies ENTs on a NT basis so as to set the limit of number of enterprises. Main criteria are population and density of existing business.
- 51.
Similar conditions of access exist in the EPA for cosmetic treatment, manicuring and pedicuring services (CPC 97022) and other beauty treatment services n.e.c. (CPC 97029). Therefore the same conclusions as drawn for Hairdressing services can be drawn for these two sub-sectors.
- 52.
The provisions of Article XV of the GATS, although mandating negotiations on subsidies, including the appropriateness of counterveiling measures, do not in the interim (i.e. pending negotiation results) exclude the application of subsidies from the GATS.
- 53.
See Adlung and Miroudot (2012), supra, at p. 14.
- 54.
See Article V: (4), GATS.
- 55.
Canada—Certain Measures Affecting the Automotive Industry (Canada—Autos), Report of the Panel, WT/DS139/R and WT/DS142/R of 11 February 2000, adopted 19 June 2000, para 10.271.
References
Adlung, R., & Miroudot, S. (2012) Poison in the wine? Tracing GATS-minus commitments in RTAs. Online available: http://www.wto.org/english/res_e/reser_e/ersd201204_e.pdf.
Journal of the European Union, L 289/1/22 of 30.10.2008.
Legal Instruments
General Agreement on Trade in Services.
EU-CARIFORUM Economic Partnership Agreement.
EU-COLOMBIA FTA.
EU Schedule of specific commitments.
Cases
Canada – Certain Measures Affecting the Automotive Industry (Canada – Autos), Report of the Panel, WT/DS139/R and WT/DS142/R of 11 February 2000, adopted 19 June 2000, para 10.271.
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Kategekwa, J. (2014). A Case Study of Mode 4 Commitments in the EU-Cariforum Economic Partnership Agreement: How Much Further than the GATS?. In: Opening Markets for Foreign Skills: How Can the WTO Help?. Springer, Cham. https://doi.org/10.1007/978-3-319-03548-2_8
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