WORLD TRADE
ORGANIZATIONS/C/N/188
11 February 2002
(02-0900)
Council for Trade in Services Original:  English
JOINT COMMUNICATION FROM THE EUROPEAN COMMUNITIES
AND THEIR MEMBER STATES AND THE REPUBLIC OF ESTONIA
Notification pursuant to Article V:7(a) of the General Agreement for Trade in Services
Pursuant to Article V, paragraph 7(a) of the GATS, the European Communities and their
Member States, on the one part, and the Republic of Estonia, on the other part, hereby notify the
"economic integration agreement" as instituted by the Europe Agreement concluded between
themselves.  The formal notification is made in a ccordance with the "standard format for information
on economic integration agreements on services" as taken note of by the Committee on RegionalTrade Agreements at its meeting on 2 May 1997.
To facilitate the examination by the Members, th e relevant provisions on trade in services in
this agreement have been identified in the notification.  The full text of the Europe Agreement where
these provisions can be found, in their original version, is available at the WTO Secretariat.  TheEurope Agreement is published in the Official Journal of the European Communities (L 68 of
9 March 1998, p. 1) and in the Official Journal of the Republic of Estonia (Riigi Teataja II 22-27 1995
of 1 August 1995).
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I. BACKGROUND INFORMATION ON THE AGREEMENT
1. Membership and dates of signature, ratification and entry into force
The Europe Agreement establishes and association between the European Communities and
their Member States (15), acting within the framewor k of the European Union, of the one part, and the
Republic of Estonia, of the other part.  The agreement entered into force on 1 February 1998 after theratification process had been concluded by the 15 EU Member States and Estonia. The Europe
Agreement was signed on 12 June 1995.
2. Type of agreement
The Europe Agreement is the basic legal instrument of the relationship between the EU and
Estonia.  It establishes gradually a free-trade area between the EU and Estonia, provides for a politicaldialogue, legal approximation and various other areas of co-operation.  No new customs duties or
quantitative restrictions can be introduced in trade between the European Union and Estonia from the
date of entry into force of the Europe Agreement.  The Europe Agreement provides for progressive
alignment with Community rules as well as a number of  specific provisions in such areas as capital
movement, rules of competition, intellectual and industrial property rights and public procurement.The Europe Agreement constitutes a key element of the EU's pre-accession strategy which aims at
preparing Estonia for EU membership.S/C/N/188
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3. Scope
As regards the services sectors, the Europe Agreement covers in principle all services sectors
and all modes of delivery (see II(b) below).
II. PROVISIONS AFFECTING TRADE IN SERVICES
1. (a) Provisions in the Europe Agreement which are relevant to the scope of the GATS:
- Article 1 – Objective;
- Title I – "General principles":  Articles 2 and 3;
- Title IV – Chapter 1 "Movement of workers";  Chapter 2 "Establishment";
Chapter 3 "Supply of services" and Chapter 4 "General provisions";
- Title V – Chapter 1  "Current payments and movement of capital";
Chapter 2 "Competition and other economic provisions" and
Chapter 3 "Approximation of laws";
- Title VI – "Economic cooperation", in particular Articles 73 on Investment promotion
and protection;  Article 74 on Small and medium-sized Enterprises;  Article 80 on
Energy;  Article 82 on Environment;  Article 83 on Transport;  Article 84 on
Telecommunications, postal services and broadcasting;  Article 86 on Banking,
insurance and other financial services and Article 92 on Tourism;
- Title X – "Institutional, general and final provisions".
(b) These provisions on the Europe Agreement constitute an agreement liberalising trade
in services between the European Communities and their Member States, on the one
part, and the Republic of Estonia, on the other part, in the sense of Article V,
paragraph 1, given that:
- it provides for universal sectoral coverage of all service activities and the temporary
exemption under Article 44 (i.e. establishment in air transport services, inland-
waterway transport services and maritime transport services);
- it provides for the liberalisation of trade through all modes of supply:  "cross border"
trade, "consumption abroad", "commercial presence" (with or without movement of
natural persons) as well as "presence of natural persons" (see in particular Articles 36,
40, 41, 43, 48, 51, 55 and 58);
- it provides for the absence or elimination of substantially all discrimination through
elimination of existing discriminatory measures and prohibition of new or more
discriminatory measures (see in particular Articles 36, 43, 48, 49, 51 and 52);
- the degree of liberalisation of trade in services between the Community and its
Member States, on the one part, and the Republic of Estonia, on the other goes
beyond the requirements and disciplines of the GATS in many respects.  To achieve
full national treatment, additional disciplines and means of liberalisation are foreseen
such as:  mutual recognition of qualifications;  approximation of laws;  behaviour of
monopolies and exclusive service providers;  restrictive business practices andpayments, transfers and free movement of capital.
(c) Consideration should also be given, pursuant to Article V, paragraph 2 of GATS to
the relationship of this agreement to the wider process of economic integration
between the European Communities and their Member States, on the one part, and the
Republic of Estonia, on the other part, provided for under the Europe Agreement.S/C/N/188
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Economic integration is not only taking place in the field of services, but also in
respect of trade in goods and in economic relations in general.  In addition, this
Agreement will help the Republic of Estonia to achieve its objective to become a
member of the European Union.
(d) The European Communities and their Member States, on the one part, and the
Republic of Estonia, on the other part, have negotiated their Schedule of Specific
Commitments and list of MFN exemptions.  The Europe Agreement aims at
facilitating trade between the Parties.  No provisions of the Europe Agreement aim at
raising the level of restrictions of trade in services in respect of any other WTO
Member.
2. Rules of Origin
A "Community company" or a "Estonian company" respectively shall mean a company set up
in accordance with the laws of a Member States or of Estonia respectively and having its registered
office or central administration or principal place of business in the territory of the Community or
Estonia respectively.  However, should the company, set up in accordance with the laws of a Member
State or Estonia respectively, have only its registered office in the territory of the Community or
Estonia respectively, the company shall be considered a Community or a Estonian companyrespectively if its operations possess a real and continuous link with the economy of one of the
Member States or Estonia respectively (Article 45).
3. Standards/Recognition
The Europe Agreement foresees measures necessary for mutual recognition of qualifications
(Article 49) and to achieve gradual reduction of differences between Estonia and the Community instandards, technical regulations and conformity assessments procedures (Article 75).
4. Safeguards
The Europe Agreement has provisions for balance-payments difficulties in the Community or
in Estonia (Article 64:2) and for limited derogations  for Estonia from the provisions on establishment
in special cases including:  Estonian industries undergoing restructuring, facing serious difficulties orelimination/drastic reduction of the total market sh are, or for newly emerging industries in Estonia
(Article 50).  These provisions have not been applied so far.
5. Subsidies and State-Aid
Article 63 contains a number of provisions as regards subsidies and state aids.  It contains
inter alia  a general prohibition of any public aid which distorts or threatens to distort competition by
favouring certain undertakings or certain products.  Any practices contrary to this rule shall be
assessed on the basis of criteria arising from the application of the rules of Article 87 (ex-Article 92)of the Treaty establishing the European Community.  In applying this provision, the parties recognise
that during the first four years after the entry into force of the Europe Agreement, any public aid
granted by Estonia shall be assessed taking into account the fact that Estonia shall be regarded as an
area identical to those areas of the Community described in Article 87(3)(a) of the Treaty establishing
the European Community.  In addition, special implementing rules on state aids shall be developed toimplement the above-mentioned provisions.  These rules are currently in the process of being adopted.
Each party shall ensure transparency in the area of public aid.
6. Government Procurement
Article 67 contains provisions on non-disc rimination as regards public procurement.S/C/N/188
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III. GENERAL PROVISIONS OF THE AGREEMENT
1. Exceptions and reservations
Exceptions are provided for under Articles 54 (public policy, security and health) and 119
(security).
2. Accession
The Europe Agreement does not contain any provisions allowing other countries to accede to
the Agreement.  However, with necessary modi fications, the Agreement shall apply to any new
Member State of the European Communities.
3. Dispute settlement procedures
Each of the two parties may refer to the Association Council any dispute relating to the
application or interpretation of this Agreement.  The Association Council may settle the dispute bymeans of a decision, which will be binding for each party (Article 112).
4. Relations with other trade agreements
Article 26 states that the Europe Agreement shall not preclude the maintenance or
establishment of customs unions, free trade areas or arrangements for frontier trade except in so far as
they alter the trade arrangements provided for in th e Agreement.  Consultations shall take place within
the Association Council concerning agreements establishing such customs unions or free trade areas
and, where requested, on the other major-related issues.
5. Institutional framework
The Europe Agreement provides for a cycle of annual meetings of the Association Council
(ministerial level) and the Association Committee (high level officials) as well as frequent multi.-disciplinary sub-committee meeting (technical level).  These institutions of the Europe Agreement
have assumed an enlarged role in the pre-accession proc ess, in particular in regard to monitoring the
progress made by Estonia in the adoption and implementation of the acquis communautaire .
Exchanges between the European and Estonian Parliaments are taking place within a Joint
Parliamentary Committee which meets 1-2 times a year.
IV. TEXT AVAILABLE FROM
The full text of the agreement is available from:
- the WTO Secretariat;
- European Commission;
- the Republic of Estonia.
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