WT/REG 288/3 
13 January  2023 
(23-0312) Page: 1/28 
Committee on Regional Trade Agreements    
 
FACTUAL PRESENTATION  
FREE TRADE AGREEMENT BETWEEN TÜRKİYE AND SERBIA, SERVICES  
Report by the Secretariat  
This report, prepared for the consideration of the  Free Trade Agreement between 
Türkiye  and Serbia, services , has been drawn up by the WTO Secretariat on its own 
responsibility and in full consultation with the Parties. The factual presentation 
reproduces as closely as possible the terminology used in the Agreement and in the 
comments provided and does not imply official endorsement o r acceptance by the 
Secretariat of such terminology. The report has been drawn up in accordance with the 
rules and procedures contained in the Decision for a Transparency Mechanism for 
Regional Trade Agreements (WT/L/671) and thus does not imply any value judgement 
by the Secretariat regarding the contents of the Agreement.  
Any technical questions arising from this report may be addressed to 
Ms. Alena  Fiorentino  (tel: +41 22 739 6405) . Any statistical question arising from this 
report may be addressed to  Ms. Pamela Bayona (tel: +41 22 739 5529) . 
 
  WT/REG 288/3 
 
- 2 - 
 
  Table o f Contents  
Page 
1   TRADE ENVIRONMENT  ................................ ................................ ................................ . 4 
1.1   Trade in services and investment  ................................ ................................ ..................  4 
2   CHARACTERISTIC ELEMENTS OF THE PROTOCOL  ................................ ........................  8 
2.1   Background information  ................................ ................................ ...............................  8 
3   PROVISIONS ON TRADE IN SERVICES  ................................ ................................ .........  9 
3.1   Scope and Definitions  ................................ ................................ ................................ .. 9 
3.2   Denial of Benefits  ................................ ................................ ................................ ........  9 
3.3   General Provisions on Trade in Services  ................................ ................................ ........ 10 
3.3.1    Market access  ................................ ................................ ................................ ......... 10 
3.3.2    National and MFN treatment  ................................ ................................ ...................... 10 
3.3.3    Commercial presence  ................................ ................................ ............................... 10 
3.3.4    Movement of natural persons  ................................ ................................ .................... 10 
3.4   Liberalization Commitments  ................................ ................................ ......................... 11 
3.4.1    Türkiye  ................................ ................................ ................................ ................... 12 
3.4.1.1    MFN and horizontal commitments  ................................ ................................ ........... 12 
3.4.1.2    Sector specific commitments  ................................ ................................ .................. 12 
3.4.2    Serbia  ................................ ................................ ................................ .................... 17 
3.4.2.1 MFN an d horizontal commitments  ................................ ................................ ............. 17 
3.4.2.2    Sector specific commitments  ................................ ................................ .................. 17 
3.5   Regulatory Provisions  ................................ ................................ ................................ ..21 
3.5.1    Domestic regulation  ................................ ................................ ................................ .21 
3.5.2    Recognition  ................................ ................................ ................................ ............. 22 
3.5.3    Subsidies  ................................ ................................ ................................ ................ 22 
3.5.4    Safeguards  ................................ ................................ ................................ ............. 22 
3.6   Sector -Specific Provisions  ................................ ................................ ............................ 22 
3.6.1    Telecommunication services  ................................ ................................ ...................... 22 
3.6.2    Co-production of films or TV series  ................................ ................................ ............ 23 
3.6.3    Financial services  ................................ ................................ ................................ .....23 
3.6.4    Transport services  ................................ ................................ ................................ ...24 
4   GENERAL PROVISIONS OF THE AGREEMENT  ................................ .............................  25 
4.1   Transparency  ................................ ................................ ................................ ............. 25 
4.2   Current payments and capital movements  ................................ ................................ .....25 
4.3   Exceptions  ................................ ................................ ................................ ................. 25 
4.4   Accession and withdrawal  ................................ ................................ ............................ 26 
4.5   Institutional framework  ................................ ................................ ............................... 26 
4.6   Dispute settlement  ................................ ................................ ................................ .....26 
4.7   Relationship with other agreements concluded by the Parties  ................................ ........... 26 
4.8   Government procurement  ................................ ................................ ............................ 27 
4.9   Intellectual property rights  ................................ ................................ .......................... 27 WT/REG 288/3 
 
- 3 - 
 
  4.10   Competition  ................................ ................................ ................................ ............. 28 
4.11   Electronic commerce  ................................ ................................ ................................ .28 
 
  WT/REG 288/3 
 
- 4 - 
 
   
Key Facts  
 
Parties to the Agreement:  Türkiye  and Serbia  
 
Date of Signature:    30 January 2018  
 
Date of Entry into Force:  1 June 2019  
 
Date of Notification:   10 January 2022   
 
Full implementation:   2019 
 
 
1  TRADE  ENVIRONMENT  
1.1.  The Free Trade Agreement between Türkiye  and Serbia (hereafter referred to as "the 
Agreement") was signed on 1 June 2009  and covered goods only .1 In 2018, the Parties signed a 
revised Protocol I, which concerns improvement s to agricultural concessions,2 and a new 
Protocol  III, which deals with services liberalization  (hereafter referred to as "the Protocol") .3  
1.2.  This factual presentation covers only the services aspects as the goods aspects of the 
Agreement  were considered by the Committee of Regional Trade Agreements (CRTA) in 
November  2011.4 
1.3.  The Agreement is Türkiy e's fourth RTA with services component notified to the WTO, while 
for Serbia it is  the third.5 
1.4.  In 202 1, Türkiye's GDP was estimated at USD 806.8  billion, while that of Serbia was 
USD 63,06  billion .6 Averaged over the period 201 9-2021, the Parties' trade (goods and services) to 
GDP ratio7 was 3 2.1 for Türkiye and 55.3 for Serbia.   
1.1  Trade in services and investment  
1.5.  In 202 1, the Türkiye's shares of total commercial services exports and imports were 0. 96% 
and 0.5 5% respectively, while Serbia's respective shares were 0.1 5% and 0.13%. With total 
commercial services exports of USD 57.83  billion and imports of USD 30.57  billion, Türkiye was 
ranked 2 5th and 36th largest exporter and importer of commercial services. In the same year 
Serbia was ranked 61st and 69th respectively with total commercial services exports of 
USD 9.19 billion and imports of USD 7.43 billion.  
1.6.  Chart s 1.1 and 1.2  below show  the evolution of  global and bilateral trade in commercial 
services for Türkiye  and Serbia .8 Over the enti re period, Türkiye maintained a positive trade 
balance in its global  and bilateral  trade in commercial services,  while data provided by Serbia 
suggests a trade  deficit  with Türkiye, except for 2017 where it has a trade surplus , and a positive 
overall trade balance with the world .  
 
1 See Notification WT/REG288/N/1.  
2 See Notification WT/REG288/N/1/Add.1.  
3 See Notification S/C/N/1073.  
4 See document WT/REG288/M/1.  
5 WTO Regional Trade Agreements Database,  http://rtais.wto.org/UI/PublicMaintainRTAHome.aspx   
6 Source: WTO Trade Profiles 202 2. 
7 The GDP ratio indicates the percentage of the GDP represented by trade. The value of trade 
corresponds to the total of trade in goods and services (exports plus import s), on a BOP basis.  
8 The national statistics of the Parties may slightly differ from the, also official, sources systematically 
used in the preparation of factual presentations . WT/REG 288/3 
 
- 5 - 
 
  Chart 1.1 Serbia and Türkiye: Global trade in commercial services, 201 0 – 2020 . 
 
Note:  Exchange rate from euro to US dollars is  0.90403512 8 (2016), 0.885205508 (2017), and 0.846773 
(2018).  
Source:  WTO Statistics Database and Serbian and Turkish authorities.  
Chart 1. 2 Serbia and Türkiye: Bilateral trade in commercial services, 2016 -2018 . 
 
Note:  For Serbian data, e xchange rate from euro to US dollars is 0.904035128 (2016), 0.885205508 
(2017), and 0.846773 (2018).  
Source:  Global trade data submitted by Serbian and Turkish authorities.  
 Data for Turkish bilateral trade with Serbia retrieved from Turkish Statistical Institute . 
 
1.7.  In terms of global and bilateral trade in commercial services by category , Türkiye's global 
exports were dominated by transport and travel services, while  global  imports were mainly led by 
transport and other business services. For Serbia, during the same period, global exports in 
commercial services were represented by telecommunication, travel and other business services , 
while imports were led by travel and transport  services (Chart 1.3) . Bilateral exports and imports, 
as reported by Serbia, was mainly l ed by travel and transport services (Chart 1.4).  
WT/REG 288/3 
 
- 6 - 
 
  Chart 1. 3 Serbia -Türkiye: Top commercial services trade with world, by category 
(average 2018 -2020 ). 
 
Note:  Average over three years, ordered by value of imports.  
Source:  National Bank of Serbia (2018 -20), Turkish authorities (2018), and UNCTAD Statistics (2019 -20). 
 
Chart 1. 4 Serbia -Türkiye: Bilateral Serbian trade with Türkiye, by category ( USD Million, 
average 2016 -2018)  
 
Note:  Average over three years, ordered by value of imports.  
Source:  Serbian authorities.  
 
1.8.  Chart 1. 5 below shows Serbia 's foreign direct investment stocks and flows with the world and 
with Türkiye  during 201 6-2018, while Chart 1. 6 depicts the data for Türkiye .9 Both Serbi a and 
Türkiye are net recipients of FDI from  the world. Over the surveyed period,  the data suggests that 
Serbia was a  net recipient of FDI stock s and flow s from Türkiye  with both stocks and flows 
increasing sharply between 2017 and 2018.   
 
9 The national statistics of the Parties may differ slightly from other offic ial sources systematically used 
in the preparation of factual presentations . 
WT/REG 288/3 
 
- 7 - 
 
  Chart 1. 5 Serbia: FDI stock and flow with the world and Türkiye (2016 - 2018)  
 
Note:  Exchange rate from euro to US dollars is 0.904035128 (2016), 0.885205508 (2017), and 0.846773 
(2018).  
Source:  Serbian authorities . 
WT/REG 288/3 
 
- 8 - 
 
  Chart 1. 6 Türkiye: FDI stock and flow with the world and Serbia (2016 - 2018)  
 
Source:  Turkish authorities . 
 
2  CHARACTERISTIC ELEMENTS OF THE PROTOCOL  
2.1  Background information  
2.1.  Protocol III of t he Free Trade Agreement on trade in services between Türkiye  and Serbia 
was signed on 30 January 2018. It entered into force on 1 June 2019 and was notified to the WTO 
by Türkiye  on behalf of the two Parties on 10 January 2022 under  Article V of the GATS  
(S/C/N/1073).   
2.2.  The Protocol forms an integral part of the Agreement. The following provisions of the 
Agreement apply to the Protocol : those related to the establishment and operation of the Joint 
Committee; fulfilment of obligations, including notifications and consultat ions procedure for the 
application of measures; amendments; protocols and annexes; validity and withdrawal; and entry 
into force (Articles 29, 30, 22, 33, 35, 36, 37, and 38, respectively). In the event of any 
inconsistency between th e Protocol and the pro visions of the Agreement, the provisions of the 
Protocol prevail to the extent of the inconsistency (Article 20).  
2.3.  The text of the Protocol , together with its Annexes, is available on the Parties' official 
websites:  
Türkiye : https://www.trade.gov.tr/free -trade-agreements/serbia   
Serbia : http://www.parlament.gov.rs/upload/archive/files/lat/p df/zakoni/2018/1167 -18-lat.pdf .10 
 
10 The text of the Protocol is in Serbian.  
WT/REG 288/3 
 
- 9 - 
 
  2.4.  The Protocol establishes provisions necessary for progressive and reciprocal liberalization of 
trade in services between the Parties. It consists of 86 articles organized in 8 sections and an 
Annex, which contains the Parties' respective schedules of specific commitments (Table 2.1 
below).  
Table  2.1 Structure of the Protocol  
Titles  Title/description  
Section I  General provisions  
Section II  Temporary movement of natural persons for the purpose of supplying services  
Section III  Telecommunications services  
Section IV  Financial services  
Section V  Road transport and auxiliary services   
Section VI  Electronic commerce  
Section VII  Co-production of films or TV series  
 -> Appendix to Section on fil m or TV series co -production  
Section VIII  Final provisions  
Annexes   
Annex I  Schedule of specific commitments  
 -> of the Republic of Serbia  
 -> of the Republic of Türkiye  
Source:  WTO Secretariat based on the Protocol . 
3  PROVISIONS ON TRADE IN SERVICES  
3.1  Scope and Definitions  
3.1.  The Protocol applies to all measures adopted or maintained by the Parties affecting trade in 
services (all modes of supply are covered). It is clarified that nothing shall be construed to require 
any Party to privatize public undertaking s. Each Party also retains the right to exercise its powers 
and to regulate and introduce new regulations to mee t legitimate public policy objectives  
(Article  1). 
3.2.  The provisions of the Protocol do not apply to procurement by Government  agencies of 
services  purchased for governmental purposes ; subsidies or grants  provided by a Party ; domestic 
and international air tr ansport services and services directly related to the exercise of traffic rights 
(with exceptions )11; and audio -visual services except co -production o f films and TV series. The 
Protocol also does not apply to services supplied in the exercise of government al authority within 
the respective territories of the Parties  (Article 1).  
3.3.  Under the Protocol, juridical and natural persons are defined similar ly to the GATS, except for 
natural persons , who do  not include  permanent residents  (Article 2) .  
3.2  Denial of Benefits  
3.4.  As set out in Article 14, a Party may deny the benefits of the Protocol to a service supplier of 
the other Party:  
i. if the denying Party establishes that the service is being supplied by a juridical person 
which is owned or controlled by persons of a third party who have no substantive business 
operations in the territory of any of the Parties; or 
ii. if a service supplier is  a juridical person of a third party with which the denying Party does 
not maintain diplomatic relations, or adopts or maintains measures with respect to the 
third party that prohibits transactions with the juridical person or that would be violated or 
circumvented if the benefits of th e Protocol were accorded to the juridical person.  
 
11 The following services are covered by the provisions of the Protocol: (i) aircraft repair and 
maintenance services; (ii) selling and ma rketing of air transport services; and (iii) computer reservation 
system (CRS) services (Article 1).  WT/REG 288/3 
 
- 10 - 
 
  3.3  General Provisions on Trade in Services  
3.3.1   Market access  
3.5.  Market access provisions in Article 4  are modelled on Article XVI of the GATS and bind the 
Parties to grant each other tre atment no less favourable than that provided for in the ir respective  
schedules of specific commitments  under the Protocol . 
3.3.2   National  and MFN treatment  
3.6.  National treatment provisions are contained in Article 5 of the Protocol. Similar to Article XVII 
of the G ATS, the Parties commit themselves, in listed sectors and subject to any conditions and 
qualifications set out therein, to grant services and service suppliers of the other Party treatment 
no less favourable than that granted to their own like services and  service suppliers.   
3.7.  Provisions on most -favoured -nation (MFN) treatment are set out in Article 3 of the Protocol , 
which builds upon Article II of the GATS. Similar to the GATS, the Parties commit to accord 
immediately and unconditionally to each others' services and service suppliers ' treatment no less 
favourable than is accord ed to like services and service suppliers of any third party . They agree  
that any treatment derive d from harmonisation of regulations based on (i) mutual recognition 
agreements, (ii) existing or future agreements  of the type under Article V and Article V bis of the 
GATS , or (iii) the Parties' lists of MFN exemptions annexed to th e Protocol , is excluded from the 
application of Article 3 . However, Article 3.3 provides for a positive consideration to a request by a 
Party to negotiate the incorporation into the Protocol treatment no less favourable than that 
provided by the other Party under any agreement on  trade in services with a third party . As 
reported by the Parties, no issues were raised under Article 3.3.  
3.3.3   Commercial presence  
3.8.  Article 2 sets the definition of "commercial presence", which replicates Article XXVIII(d) of 
the GATS, except for clarifying th at acquisition is understood as including capital participation in a 
juridical person with a view to establishing or maintaining lasting economic links. There are no 
further general  provisions on commercial presence, but some requirements are listed in spe cific 
sub-sectors of the Parties' schedules of specific commitments annexed to the Protocol.  
3.3.4   Movement of natural persons  
3.9.  The temporary movement of natural persons for the purpose of supplying services  is covered 
in Section II of the Protocol and replicate s the respective provisions of the GATS.  In addition, a ll 
requirements under  the Parties' laws regarding entry, stay, work and social security measures 
continue to apply, including regulations concerning the period of stay, minimum wages and 
collective wage agreements , even if not listed in the Parties ' respective s chedules of specific 
commitments  annexed to the Protocol . Commitments on the entry and temporary stay of natural 
persons for business purposes do not apply in cases where the intent or effect of the entry and 
temporary stay is to interfere with or otherwise affect the outcome of any labour/management 
dispute or negotiation, or the employment of any natural person who is involved in such dispute  
(Article 23).  
3.10.   Entry and temporary stay are granted to natural persons in accordance with the 
commitments scheduled in Annex I to the Protocol, provided that natural persons comply with the 
relevant immigration laws and regulations, including those related t o public health and safety and 
national security. Natural persons are also not exempt from meeting any applicable licencing or 
other requirements . Measures relating to qualification requirements and procedures, technical 
standards and licencing requirement s apply in any case to key personnel and graduate trainees of 
both Parties  (Article 25).   
3.11.   Article 26 provides for publicly available information necessary to apply for the entry into 
and temporary stay in the Parties territories . Application r equirements and procedures are set out 
in Article 27 and cover provisions related  to requested documents, fees, processing period, 
incomplete and refused applications.  WT/REG 288/3 
 
- 11 - 
 
  3.12.   The Parties agree to consider negotiating commitments concerning access by contractual 
service suppliers and independent professionals no later than five years after the entry into force 
of the Protocol, i.e. by 2024. As reported by the Parties, no negotiations took place on the matters 
mentioned above.  
Table 3.1 Comparison of categories and length of stay for the temporary stay of natural 
persons under the Protocol and the Türkiye's GATS commitments  
Source:  WTO Secretariat based on Annex I to the Protocol  and Türkiye's  GATS schedule.  As a WTO non-
Member, Serbia has no GATS schedule.  
3.13.   As under the GATS, Türkiye 's horizontal section  under the Protocol distinguishes  between 
intra-corporate transferees (ITCs) and business service sellers . In comparison to the GATS,  
Türkiye adds commitments on the maximum length of stay for trainees and business visitors (BV) 
and improves its horizontal national treatment limitation by excluding directors of travel agencies 
and opti cians from the list of professions which are assigned only to Turkish citizens.   
3.14.   Unlike under the GATS, for Mode 4 Türkiye does not schedule any sector specific 
commitments, except as indicated in the horizontal section , for most of the listed sub -sectors. Like 
in the GATS, additional market access and/or national treatment limitations apply  for the supply of  
accounting, auditing and bookkeeping services; maritime passenger and freight transportation 
services. Under the P rotocol, other sector -specific limitations on Mode 4 are listed for  research and 
development , and insurance intermediation services , while the supply of veterinary, telegraph, 
hospital and services auxiliary to insurance is "unbound".  
3.15.   Similarly, Serbia doe s not schedule any sector specific commitments on Mode 4, except as 
indicated in the horizontal section, for most of the listed sub -sectors . The supply of urban planning 
and landscape architectural services, insurance intermediation  and tourist guides serv ices is 
"unbound". Specific conditions are scheduled separately for financial services, and include, 
inter alia, language and residency requirements. As a WTO non-Member, Serbia has no GATS 
schedule.  
3.4  Liberalization Commitments  
3.16.   The Parties follow a "positive" list approach in their respective schedules of specific 
commitments under the Protocol , which are modelled on the GATS schedules with respect to the 
sectoral classification and the separation of sector specific and horizontal limitations, the la tter 
applying to all sectors listed. The ordering of the service sectors, subsectors and activities reflects 
the WTO Services Sectoral Classification (hereinafter referred to  as "W/120") .12 
 
12 Document MTN.GNS/W/120.  Category  Maximum length of stay  
Protocol   GATS  
Türkiye    
(i) Intra -corporate 
transferees  
• Executive managers  
• Specialists  Up to 1 year, extendable.  Work permits: u p to 2 years, renewable.  
Residence permits: up to 2 years, 
extendable.  
(ii) Trainees  Up to 1 year, extendable.  --- 
(iii) Business visitors  Up to 90 days within 180 days.  --- 
(iv) Business service sellers  Up to 90 days within 180 days.  Work and residence permits n ot 
necessary for service sellers, who stay in 
Türkiye for not more than 30 days.  
Serbia     
(i) Business visitors (for 
establishment of commercial 
presence and service sellers)  Up to 90 days in any 6 months.  --- 
(ii) Intra -corporate 
transferees  
• Executives  
• Senior managers  
• Specialists  Up to 1 year, extendable.  --- 
(iii) Graduate trainees  Up to 1 year.  --- WT/REG 288/3 
 
- 12 - 
 
  3.17.   For each of the four modes of supply, the schedules include limitations and conditions on 
market access and national treatment, and, where appropriate, time frames for implementation of 
a commitment (Article 7). Where the Parties undertake commitments not subject to Articles 4 or 5 
(market access  and n ational treatment) , such commitments are inscribed in the respective  
schedule as additional commitments  (Article 6) .  
3.18.   The Protocol also provides for the modification or withdrawal of commitments, by mutual 
agreement, as set out in Article 8. As reported by the Parties, no modification or withdrawal of 
commitments took place.  
3.19.   The review of the Parties' respective schedules of commitments, as well as the Protocol 
itself, shall take place no later than five years  after the entry into force of the Protocol (i.e. by 
2024) and at regular intervals thereafter. As reported by the Parties, no review of the Parties' 
respective schedules of commitments took place. The regular reviews of the level of liberalisation 
are to  take into account an assessment of the degree of restrictiveness of measures affecting trade 
in services by using the methodologies established by the World Bank and the Organization for 
Economic Co -operation and Development (OECD). The Parties also agree to take into account any 
autonomous liberalisation and on -going work under the auspices of the WTO  (Article 19).  
3.4.1   Türkiye  
3.4.1.1   MFN and horizontal commitments  
3.20.   Under the Protocol, Türkiye maintains the same list of MFN exemptions as scheduled under 
the GATS, exce pt for telecommunication s, postal and financial (banking) services.  
3.21.   Like under the GATS, Türkiye has a broad reservation for the types of establishment; 
acquisition of real estate; and for services considered as public utilities , which are not specified 
unlike in its GATS schedule. Other horizontal reservations concern Mode 4, as described in 
Section  3.3.4 of this factual presentation.  
3.4.1.2   Sector specific commitments  
3.22.   The following section identifies some of the main differences, by sector, between Türkiye 's 
specific commitments under the GATS and its sector -specific commitments under the Protocol . In 
comparison to its GATS schedule, Türkiye has made commitments under the Protocol in eleven out 
of twelve sectors identified in the WTO Services Sectoral Class ification , expanding the coverage of 
its liberalization commitments on distribution and recreational, cultural and sporting services 
sectors.  
3.23.   Table 3. 2 provides an overview of the Türkiye 's specific commitments in modes 1 -3 under 
the Protocol. Horizontal l imitations and MFN reservations are not taken into account in the table 
which should be read in conjunction with the respective part of Annex I to the Protocol.  
Table 3.2 Türkiye: Comparison between the GATS and Protocol sector specific 
commitments in trade in services  
Sectors  
Sub-sectors  GATS  FTA 
compared 
to GATS   FTA sector -specific 
liberalization  
Sector 
coverage  Commitmentsa 
1. Business services          
A. Professional  Services  Partial  Improved  Partial  Partial  
B. Computer  and Related  Services  Partial  Improved  Partial  Partial  
C. Research  and Development  Services  … New Partial  Partial  
D. Real  Estate  Services  … Same  … … 
E. Rental/Leasing  Services  without  Operators  … Same  … … 
F. Other  Business  Services  Partial  Improved  Partial  Partial  WT/REG 288/3 
 
- 13 - 
 
  Sectors  
Sub-sectors  GATS  FTA 
compared 
to GATS   FTA sector -specific 
liberalization  
Sector 
coverage  Commitmentsa 
2. Communication services          
A. Postal  services  Partial  Similar  Partial  Partial  
B. Courier  services  Full Narrower  Partial  Partial  
C. Telecommunication  services  Partial  Improved  Partial  Partial  
D. Audiovisual  services  … New Partial  Partial  
E. Other  … Same  … … 
3. Construction and related engineering 
services          
A. General  construction  work for buildings  Partial  Improved  Full Full 
B. General  construction  work for civil Engineering  Partial  Improved  Full Full 
C. Installation  and assembly  work  Partial  Improved  Full Full 
D. Building  completion  and finishing  work  Partial  Improved  Full Full 
E. Other  … New Full Full 
4. Distribution services      
A. Commission  agents'  services  … New Partial  Partial  
B. Wholesale  trade services  … New Partial  Partial  
C. Retailing  services  … New Partial  Partial  
D. Franchising  … New Partial  Partial  
E. Other  … New Partial  Partial  
5. Education services          
A. Primary education services  Partial  Narrower  Partial  Partial  
B. Secondary education services  Partial  Narrower  Partial  Partial  
C. Higher education services  Partial  Similar  Partial  Partial  
D. Adult education  … New Partial  Partial  
E. Other education services  Partial  Narrower  Partial  Partial  
6. Environmental services          
A. Sewage services  Partial  Similar  Full Partial  
B. Refuse disposal services  Partial  Similar  Full Partial  
C. Sanitation and similar services  Partial  Similar  Full Partial  
D. Other  … New Full Partial  
7. Financial services          
A. All insurance  and insurance -related  services  Partial  Similar  Full Partial  
B. Banking  and other  financial  services  Partial  Similar  Full Partial  
C. Other  … Same  … … 
8. Health related and social services      
A. Hospital services  Partial  Improved  Full Partial  
B. Other Human Health Services  … Same  … … 
C. Social Services  … Same  … … 
D. Other  … Same  … … 
9. Tourism and travel related services      
A. Hotels  and restaurants (including catering)  Partial  Narrower  Full Partial  
B. Travel  agencies  and tour operators  services  Partial  Improved  Full Partial  
C. Tourist  guides  services  … Same  … … WT/REG 288/3 
 
- 14 - 
 
  Sectors  
Sub-sectors  GATS  FTA 
compared 
to GATS   FTA sector -specific 
liberalization  
Sector 
coverage  Commitmentsa 
D. Other  … Same  … … 
10. Recreational and cultural and sporting 
services          
A. Entertainment  services  … New Partial  Full 
B. News agency services  … Same  … … 
C. Libraries, archives, museums and other 
cultural services  … New Partial  Partial  
D. Sporting and other recreational services  … Same  … … 
E. Other  … Same  … … 
11. Transport services      
A. Maritime Transport Services  Partial  Improved  Full Partial  
B. Internal Waterways Transport  … Same  … … 
C. Air  Transport  Services  Partial  Improved  Partial  Full 
D. Space  Transport  … Same  … … 
E. Rail  Transport  Services  Partial  Similar  Partial  Partial  
F. Road Transport  Services  Partial  Improved  Partial  Partial  
G. Pipeline  Transport  … Same  … … 
H. Services  auxiliary  to all modes  of transport  … New Partial  Partial  
I. Other  Transport  Services  … Same  … … 
12. Other Services not Included Elsewhere  … Same  … … 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments/limitations are not included.  
a Information in this column refers only to commitments in sectors or sub -sectors covered under the 
Protocol . 
Full: Specific commitments not subject to limitation(s) under market access or national treatment.  
Partial:  Specific commitments subject to some limitation(s) under market access or national treatment.  
… : No specific commitment; sector or subsector excluded from the GA TS and the Protocol . 
New: New commitments full or partial, with or without limitations.  
Improved: Overall improved commitments under the Protocol compared to those under the GATS.  
Narrower: Some additional limitations (as compared to GATS commitments).  
Similar: Similar liberalization, in individual cases, with limited improvements and/or limited additional 
reservations.  
Source:  Türkiye 's schedule of specific commitments (Annex I  to the Türkiye -Serbia Protocol III ) and 
Türkiye 's GATS commitments  (GATS/SC/88 series) . 
 
3.4.1.2.1   Business services  
3.24.   In comparison to the GATS, Türkiye  overall improve s its commitments for business services . 
In particular, new commitments are made in some subsectors in professional services ( taxation , 
integrated engineering, lands cape architecture and veterinary services), computer and related 
services (database and other services)  and other business services ( technical testing and analysis, 
maintenance and repair of equipment, building cleaning, photographic, printing, publishing,  
convention and translation and interpretation services ). As an improvement to  the GATS, Türkiye 
also partially open s research and development (R&D) services  sector . 
3.25.   Similar  to its GATS commitments,  Türkiye maintains the same reservations for the supply of 
architectural and engineering services . Real estate  services  and rental/leasing services without 
operators remain unscheduled . 
3.26.   Unlike its GATS commitments, there are additional authorization requir ements for foreign 
auditing firms to carry out independent audit s in Türkiye .  WT/REG 288/3 
 
- 15 - 
 
  3.4.1.2.2   Communication services13 
3.27.   The sub sector classification for postal and courier services  under the Protocol differs from 
the one in Türkiye's GATS schedule . The commitments do not differentiate between postal14 and 
courier services and only require the services suppliers to be established in Türkiye. Some 
exceptions on the scope also apply.15 
3.28.   Following the same classification as under its GATS schedule, Türkiye broadens the scope of  
its commitments in telecommunication services by scheduling a number of other 
telecommunication services .16 As under the GATS, the scope of basic telecommunications does not 
cover any kind of (analog -digital) radio and TV programme broadcasting services and on -demand 
media services to the public. Like in its GATS schedule,  only Mode 2 remains fully open, with 
certain market access limitations applicable  to Modes 1 and 2 . 
3.29.   Audio -visual services, except co -production o f films and TV series, are carved -out of the 
application of  the Protocol. Regulatory provisions on co -production on films and TV series are 
described in Section 3.6.2 of this factual presentation.  
3.4.1.2.3   Construction services  
3.30.   In comparison to the GATS, Türkiye sig nificantly improves its commitments for construction 
and related engineering services by fully liberalizing the whole sector (CPC 51).  
3.4.1.2.4   Distribution services  
3.31.   Under the  GATS , Türkiye  has no  commitments for distribution services , which is partially 
liberaliz ed under the Protocol. F ollowing slightly  different classification from W/120 , Türkiye  fully 
liberalizes only Mode 2 and  schedules commitments in all five subsectors.  
3.32.   The following related services are not covered : (i) distribution services for goods subj ect to 
import and export restriction s or prohibition s; (ii) alcohol, tobacco, electronic cigarettes and other 
addictive products; (iii) pharmaceuticals; (iv) optical goods;  (v) seeds;  (vi) fertilizers and other 
soil enhancers, pesticides and preparations of a kind used in animal feeding; (vii) wood and coal;  
(viii) instruments and appliances for measuring electricity, gas and liquid;  (ix) taximeters; 
(x) firearms and military equipment;  (xi) precious metals;  (xii) waste and scrap and materials for 
recycling;  (xiii) toxic substances; (xiv) nuclear energy and (xv) water . 
3.4.1.2.5   Education services  
3.33.   In comparison to the GATS, under the Protocol Türkiye commits only in private education 
services, includi ng partially opened adult education.  
3.34.   Like in  the GATS, Mode 2 for primary, secondary and other educational services  remains 
open, while Modes 1 and 3 are subject to market access and national treatment limitations. In 
higher education services, Modes 1 and  2 are fully liberalized, except for a nationality requirement 
for all members of the administrative board of higher education al institution s, including for the 
president (rector).  
 
13 Regulatory provisions related to telecommunication services are further described in Sections 3.6.1 
and 3.6.2 of this factual presentation.  
14 Postal services cover the acceptance, collection, processing, shipment, distribution and delivery of 
"postal items " as defined in the Law on Postal Services No. 6475.  
15 Under the Protocol, the following activities are not covered: (i) posta l services for which universal 
service obligations and/or financial contribution to a compensation fund exist; (ii) domestic and international 
open and closed letters, postcards bearing any kind of correspondence; (iii) any type of official notice, includi ng 
through electronic media, within the scope of the Law No. 7201 and other laws, without prejudice to the 
provisions related with electronic notification of the Tax Procedural Law No. 213 as of 4.01.1961; and (iv) 
postal services of Turkish Armed Forces i n peacetime.  
16 New subsectors scheduled by Türkiye include mobile services analog/digital cellular; Paging services; 
Cable broadcasting services; Satellite communications services (VSAT, SCPC VSAT); Satellite platform 
services; GMPCS services; Infrastructu re services; Private/Public access mobile radio services; and Directory 
information services.  WT/REG 288/3 
 
- 16 - 
 
  3.4.1.2.6   Environmental services  
3.35.   Building on its commitments on environmental servic es under the GATS, Türkiye partially 
opens cleaning services for exhaust gases and noise abatement services (CPC 9404 and 9405, 
accordingly) with cross -border supply remaining " unbound" for all scheduled subsectors.   
3.36.   Unlike its GATS schedule, Türkiye speci fically excludes from the coverage of the sector the 
provision of water for human use, including water collection, purification and distribution through 
the mains.  
3.4.1.2.7   Financial Services17  
3.37.   Similar to its GATS schedule, Türkiye lists horizontal market access limitations on the supply 
of services through commercial presence  for all financial services:  banking, insurance, securities 
market and other financial services18 (financial leasing service, factoring and consumer financing 
servic es, authorized institutions (foreign exchange dealers), and precious metals exchange s.  
3.38.   Regarding  sector specific commitments  under the Protocol , Türkiye improves  its 
commitments for the supply of non-life insurance, reinsurance and retrocession service s. Unlike 
under the GATS, the cross -border supply of banking and other financial services is fully reserved, 
along with  certain  subsector specific market access limitations.   
3.4.1.2.8   Health related and social services  
3.39.   As under the GATS, Türkiye partially opens only the supply of hospital services , with market 
access reservations for Modes 1 and 3, and fully liberalize s Mode 2.  
3.4.1.2.9   Tourism and travel related services  
3.40.   Under the Protocol, Türk iye improves its commitments for travel agencies and tour 
operators services with c ertain limitations on market access and national treatment as under the 
GATS.  
3.41.   In comparison to its GATS schedule, a national treatment limitation is listed for the supply 
of hotels  and restaurants (including catering)  services by Serbian services suppliers .  
3.42.   As under the GATS, no commitments are scheduled for tourist guides and other tourism and 
travel related services.  
3.4.1.2.10   Recreational, cultural and sporting services  
3.43.   Türkiye partially liberalizes recreational, cultural and sporting services  sector , which is not 
scheduled under the GATS.  
3.44.   On entertainment services, the supply of theatrical producer s, singer group s, band s and 
orchestra entertainment services (CPC 96191) is fully liberalized. For libraries, archives, museums 
and other cultural services, Türkiye's commitments cover most of the  subsector19 with mode 2 
fully open  and subsector specific national treatment limit ations listed mainly for Mode 3 . 
3.45.   As under the GATS, no commitments are scheduled for news agency, sporting and other 
recreational services.  
 
17 Regulatory provisions related to financial services are described in Section 3.6.3 of this factual 
presentation.  
18 As under the GATS, it includes financial lea sing services, factoring and consumer financing services, 
authorized institutions (foreign exchange dealers), and precious metals exchanges.  
19 Military related museum services are excluded from coverage under the commitment.  WT/REG 288/3 
 
- 17 - 
 
  3.4.1.2.11   Transport services20 
3.46.   On maritime transport services21, Türkiye schedules the same liberalization commitments as 
under the GATS (including the  same  requirement to fly the Turkish flag ) but further liberalizes 
maritime passenger and freight transportation by maintaining only market access limitations.  
3.47.   Air transport services , covered by the Protocol22, are fully liberalize d by Türkiye, which is 
seen as an overall improvement in comparison to its GATS commitments.  
3.48.    Commitments similar to th ose scheduled under the GATS, apply to the supply of rail 
services, while wider liberalization is scheduled  for road transport services.   
3.49.   In comparison to the GATS, new liberalization commitments are listed for services auxiliary 
to all modes of transport  with mode 1 broadly reserved and mode 2 fully liberalized; subsector 
specific limitations on market access and national treatment apply to the supply of cargo handling, 
storage and warehousing services.  
3.50.   As under the GATS,  no commitments are scheduled for  internal waterways, space  and 
pipeline tr ansport services .  
3.4.1.2.12   Other services not included elsewhere  
3.51.   As under the GATS, no commitments are scheduled for other  services  not included 
elsewhere . 
3.4.2   Serbia  
3.52.   This section only reflects Serbia's specific commitments under the Protocol . As a non -WTO 
Member, Ser bia has no GATS schedule.  
3.4.2.1 MFN and horizontal commitments  
3.53.   Under the Protocol, Serbia lists MFN exemptions in real estate ownership, production and 
distribution of cinematographic works and television programs, internal waterways transport, 
computer  reservation system (CRS) and sales and marketing of air transport services, rail and 
road transport services, as well as a horizontal MFN exception regarding measures based on 
bilateral agreements with the EU and Switzerland on the movement of all categor ies of natural 
persons supplying the services.  
3.54.   With regard to horizontal commitments, Serbia has a broad reservation for services 
considered as public utilities23, types of establishment and acquisition or ownership of real estate. 
Other horizontal reservations concern Mode 4, as described in Section 3.3.4 of this factual 
presentation.  
3.4.2.2   Sector specific commitments  
3.55.   The following section identifies, by sector, Serbia's commitments under the Protocol . The 
scope and level of liberalization var ies between  the eleven out of twelve scheduled sectors (no 
commitments made for other services not included elsewhere ).  
 
20 Regulatory provisions related  to road transport and auxiliary services  are described in Section 3.6.4 of 
this factual presentation.  
21 As under the GATS, maritime cabotage services are not covered.  
22 Please, refer to section 3.1 of this factual presentation.  
23 Public utilities exist in sectors such as: energy services, transport services and services auxiliary to all 
modes of transport, scientific and technical consulting services, R&D services in the  social sciences and 
humanities, technical testing and analysis services, environmental services, and health services. Exclusive 
rights in such services are often granted to private operators, for instance operators with concessions from 
public authorities , subject to specific services obligations; and given that public utilities also exist at the sub -
central level a detailed and exhaustive sector -specific list is not practical.  WT/REG 288/3 
 
- 18 - 
 
  3.56.   Table 3.3 provides a n overview  of the Serbia 's specif ic commitments  in modes 1 -3 under 
the Protocol . Horizontal limitations and MFN reservations are not taken into account in the table 
which should be read in conjunction with the respective part of Annex  I to the Protocol .  
Table 3.3 Serbia: Sector specific commitments in trade in services under the Protocol  
Sectors  
Sub-sectors  FTA FTA sector -specific liberalization  
Sector coverage  Commitmentsa 
1. Business services        
A. Professional  Services  Partial  Partial  Partial  
B. Computer  and Related  Services  Partial  Partial  Partial  
C. Research  and Development  Services  Partial  Partial  Partial  
D. Real  Estate  Services  Full Full Full 
E. Rental/Leasing  Services  without  Operators  Partial  Partial  Partial  
F. Other  Business  Services  Partial  Partial  Partial  
2. Communication services        
A. Postal  services  Partial  Partial  Partial  
B. Courier  services  Partial  Partial  Partial  
C. Telecommunication  services  Partial  Partial  Partial  
D. Audiovisual  services  Partial  Partial  Partial  
E. Other  … … … 
3. Construction and related engineering services     
A. General  construction  work for buildings  Partial  Full Partial  
B. General  construction  work for civil Engineering  Partial  Full Partial  
C. Installation  and assembly  work  Partial  Full Partial  
D. Building  completion  and finishing  work  Partial  Full Partial  
E. Other  Partial  Full Partial  
4. Distribution services        
A. Commission  agents'  services  Partial  Partial  Full 
B. Wholesale  trade services  Partial  Partial  Full 
C. Retailing  services  Partial  Partial  Full 
D. Franchising  Partial  Partial  Full 
E. Other  Partial  Partial  Full 
5. Education services     
A. Primary education services  Partial  Partial  Full 
B. Secondary education services  Partial  Partial  Full 
C. Higher education services  Partial  Partial  Full 
D. Adult education  Partial  Partial  Full 
E. Other education services  Partial  Partial  Full 
6. Environmental services        
A. Sewage services  Partial  Partial  Full 
B. Refuse disposal services  Partial  Partial  Full 
C. Sanitation and similar services  Partial  Partial  Full 
D. Other  Partial  Partial  Partial  
7. Financial services        
A. All insurance  and insurance -related  services  Partial  Full Partial  
B. Banking  and other financial  services  Partial  Full Partial  
C. Other  … … … 
8. Health related and social services        
A. Hospital services  Partial  Partial  Partial  
B. Other Human Health Services  … … … 
C. Social Services  … … … 
D. Other  … … … 
9. Tourism and travel related services        
A. Hotels  and restaurants (including catering)  Full Full Full 
B. Travel  agencies  and tour operators  services  Full Full Full 
C. Tourist  guides  services  Full Full Full 
D. Other  … … … 
10. Recreational and cultural and sporting 
services        
A. Entertainment  services  … … … 
B. News agency services  Full Full Full 
C. Libraries, archives, museums and other cultural 
services  … … … 
D. Sporting and other recreational services  Partial  Partial  Full 
E. Other  … … … 
11. Transport services     
A. Maritime Transport Services  … … … 
B. Internal Waterways Transport  … … … 
C. Air Transport  Services  Partial  Partial  Partial  
D. Space  Transport  … … … 
E. Rail  Transport  Services  Partial  Partial  Partial  
F. Road  Transport  Services  Partial  Full Partial  
G. Pipeline  Transport  … … … WT/REG 288/3 
 
- 19 - 
 
  Sectors  
Sub-sectors  FTA FTA sector -specific liberalization  
Sector coverage  Commitmentsa 
H. Services  auxiliary  to all modes  of transport  Partial  Partial  Partial  
I. Other  Transport  Services  … …   … 
12. Other Services not Included Elsewhere  … … … 
General Note: MFN and Horizontal limitations, as well as Mode 4 commitments/limitations are not included.  
a Information in this column refers only to commitments in sectors or sub -sectors covered under the 
Agreement.  
Full: Specific commitments not subject to limitation(s) under market access or national treatment.  
Partial:  Specific commitments subject to some limitation(s) under market access or national treatment.  
… : No specific commitment; sector or subsector excluded from the Protocol . 
Source:  Serbia 's schedule of specific commitments (Annex I to the Türkiya -Serbia Protocol III ). 
 
3.4.2.2.1   Business services  
3.57.   Under the Protocol, Serbia  significantly opens the business services sector with  full 
liberaliz ation of  real estate and research and development services (except for R&D services in the 
natural sciences).  
3.58.   In professional services, architectural, engineering and integrated engineering services are 
fully open, while no commitments are undertaken in medical a nd dental services, services provided 
by midwives, nurses, physiotherapists and para medical personnel and other professional services. 
Liberalization commitments for other sub -sectors vary with Mode 1 remaining " unbound" in most 
cases.  
3.59.   Computer and relate d services , except other computer services (CPC 849) and other than 
training services for staff of clients (CPC 84990), are largely liberalized by Serbia with some 
reservations maintained for  the cross-border supply of  database services (CPC 844) .  
3.60.   While n o commitments are scheduled by Serbia for the supply of rental/leasing services 
without operators relating to ships, full commitments are made for the supply of such services for 
other transport equipment and other machinery and equipment . Rental/leasing s ervices without 
operations relating to aircraft  are partially opened with only cross -border supply being fully 
liberalized . 
3.61.   Serbia's liberalization commitments for o ther business services varies within the sub -sector 
with some reservations generally mainta ined for Mode 1 and no commitments undertaken for 
services incidental to mining, manufacturing, energy distribution, placement and supply services of 
personnel and investigation and security.   
3.4.2.2.2   Communication services24 
3.62.   The classification of the postal and c ourier services sector substantially differs from the 
GATS and is based on the classification proposed by the EU .25 The description subdivide s the 
sector into seven distinct services activities, rather than – as in the GATS – distinguishing the 
services ba sed on whether they are supplied by private or public operators. Postal services for 
which universal service obligations and/or financial contribution to a compensation fund apply  are 
not cover ed, along with a few other exceptions. Apart from the requireme nt to be establish ed in 
Serbia, there are no additional market access or national treatment reservations for the scheduled 
subsectors.  
3.63.   On telecommunication services, Serbia undertakes commitments base d on the scheduling 
principles provided by the "Note for scheduling basic telecom services commitment" and "Market 
access limitations on spectrum availability" .26 All sectors consisting of the transmission and 
reception of signals by any electromagnetic mea ns, excluding broadcasting, are covered with 
mode  2 fully liberalized, but Modes 1 and 3 subject to specific market access limitations.  
 
24 Regulatory provisions related to telecommunication services are further descr ibed in Sections 3.6.1 
and 3.6.2 of this factual presentation.  
25 Documents S/CSS/W/61 and TN/S/W/30 (Scheduling guidelines on postal/courier co -sponsored by 
the EC).  
26 Documents S/GBT/W/2 Rev.1 and S/GBT/W/3, respectively.  WT/REG 288/3 
 
- 20 - 
 
  3.64.   Audio -visual services, except co -production o f films and TV series, are carved -out of the 
application of  the Protocol. Regulatory provisions on co -production on films and TV series are 
described in Section 3.6.2 of this factual presentation.  
3.4.2.2.3   Construction services  
3.65.   Serbia's commitments on construction and related engineering services cover the whole 
sector, as classified by W /120, with modes 2 and 3 fully liberalized. For Mode 1, legal entities must 
be commercially established in Serbia and professionals be licensed in Serbia.  
3.4.2.2.4   Distribution services  
3.66.   On distribution services, Serbia uses a slightly different classification fro m the GATS with full 
liberalization commitments for the scheduled subsectors.  
3.67.   The following activities are e xcluded from the scope of commitments taken : distribution of 
genetically modified organisms, tobacco and tobacco products, medicines and medical dev ices, 
weapons and ammunition, crude oil, refined petroleum products and natural gas .  
3.4.2.2.5   Education services  
3.68.   Under the Protocol, Serbia opens  only fully privately funded education services in all 
subsectors as classified by W/120.  
3.4.2.2.6   Environmental services  
3.69.   Serbia has partial commitments for environmental services under the Protocol , i.e. only 
related to advisory services . The n aming of the subsectors differs from the GATS but remains 
substantially identical and has the same CPC numbers as under W/120. With no limitations 
scheduled on market access or national treatment for sewage, refuse disposal and sanitation and 
similar services (part of CPC 9401, 9402 and 9403, accordingly) , Mode 1 remains " unbound" for 
protection of ambient air and climate, and noise and vibration abatement (part of CPC  9404 and 
9405, respectively).  
3.4.2.2.7   Financial Services27 
3.70.   In financial services , the general horizontal requ irements concern the legal form of financial 
institutions established in Serbia and the scope of operations by insurance and insurance related 
services , capital market and investment services  suppliers .  
3.71.   Except for horizontal reservations , there are no fur ther limitations scheduled for Mode 3 for 
insurance and insurance -related services , while Modes 1 and 2 remain largely " unbound"  with 
some  exemptions from the scope . Banking and other financial services are largely reserved with 
certain level of liberalization provided for the supply of services related to guarantees and 
commitments and advisory, intermediation and other auxiliary services.  
3.4.2.2.8   Health related and social services  
3.72.   Health related and social servic es remain largely reserved by Serbia. Only part of fully 
privately funded hospital services is liberalized under the Protocol with mode 3 fully opened  and 
some  reservations apply to Mode 2 ; Mode 1 remains "unbound" .  
3.4.2.2.9   Tourism and travel related services  
3.73.   Serbia fully liberalizes tourism and travel related services, except no commitments are 
undertaken for other tourism and travel related services.  
 
27 Regulatory provisions related to financial services are described in Section 3.6.3 of this fac tual 
presentation.  WT/REG 288/3 
 
- 21 - 
 
  3.4.2.2.10   Recreational, cultural and sporting services  
3.74.   News agency services and part  of sporting and other recreational act ivities  are fully 
liberalized by Serbia under the Protocol . No commitments are scheduled  for entertainment 
services; library, archives, museums and other cultural services; and other recreational, cultural 
and sporting services.   
3.4.2.2.11   Transport services28 
3.75.   Serbia's commitments on transport services under the Protocol exclude  cabotage .29 
3.76.   Air transport services , as defined  by Article 1 of the Protocol , are partially liberalized wi th 
some limitations scheduled  for Modes 1 and 3.  
3.77.   In rail transport  services,  passenger and freight transportation, and maintenance and repair 
of rail transport equipment  are partially liberalized; services related to infrastructure are excluded 
from the scope of commitments . All road transport services are scheduled under the Prot ocol with 
mode 2 fully liberaliz ed, mode 1 fully reserved , and national treatment limitation s scheduled for 
the whole subsector in Mode 3 . 
3.78.   Except for cargo -handling services, Serbia largely opens services auxiliary to all modes of 
supply with  a public util ity market access reservation listed for Mode 3 for partially covered storage 
and warehouse services.   
3.79.   Serbia does not schedule any commitments for maritime, inland water, space  and pipeline 
transport services.  
3.4.2.2.12   Other services not included elsewhere  
3.80.   Serbia does not schedule any commitments for other services not included elsewhere.  
3.5  Regulatory Provisions  
3.5.1   Domestic regulation  
3.81.    Article 11 contains provisions on domestic regulation. As under Article VI:1  of the GATS, 
the Parties agree to ensure that all measures of general application covered by the Protocol 
affecting trade in services, in sectors where specific commitments are undertaken, are 
administered in a reasonable, objective and impartial manner. Like Article V I:4 of the GATS, the 
Parties commit  to ensure, as appropriate for individual sectors where specific commitments are 
undertaken, that measures relating to qualification requirements and procedures, technical 
standards and licensing requirements (a) are based on objective and transparent criteria, such as 
competence and the ability to supply the service; (b) are not more burdensome than necessary to 
ensure the quality of the service and; (c) in the case of licensing procedures, not in themselves a 
restric tion on the supply of the service.  
3.82.   Authorization requirements for the supply of a service for which specific commitment s have 
been made, seem to be based on Article VI:3 of the GATS and on certain provisions of Section II 
of the Reference paper on services  domestic regulation s30, and cover issues related to  the 
submission  and processing  of the application, a fee charged by the competent authority and a 
commitment to make publicly available the requirements for completing applications relating to 
the supply of services.  
 
28 Regulatory provisions related to transport services are described in Section 3.6.4 of this factual 
presentation.  
29 Cabotage is defined as transport of passengers or freight between certain locations on the territory of 
Serbia, perfor med by the carrier with the company headquarter in the territory of Turkey.  
30 Documents WT/L/1129 and INF/SDR/2.  WT/REG 288/3 
 
- 22 - 
 
  3.5.2   Recognition  
3.83.   Provisions on mutual recognition are set out in Article 9 . The Parties agree to  give due 
consideration to  requests to recognise the education , experience, requirements, licences or 
certifications granted in the other Party.  Such r ecognition may be based upon an agreement or 
arrangement with that other Party, or otherwise be accorded autonomously.  
3.84.   In case of unilateral or reciprocal recognition of education , experience, requirements, 
licences or certifications  obtained in a third pa rty, the Parties agree to consider extending such 
MFN treatment, whether existing or future, to the other Party.  
3.85.   Article 9 also calls on the Parties to encourage their relevant bodies to enter into 
negotiations on the recognition of professional qualifica tions and/or registration procedures.  Any 
such agreement or arrangement or autonomous recognition shall be in conformity with 
Article  VII:3 of the GATS. As reported by the Parties, no negotiations on this issue took place.  
3.5.3   Subsidies  
3.86.   Subsidies or grants, including government -supported loans, guarantees and insurance, or 
any conditions attached to the receipt or continued receipt of such subsidies or grants, whether or 
not such subsidies or grants are offered exclusively to domestic services, servic e consumers or 
service suppliers , are excluded from the coverage of the Protocol (Article 1.6(b)). There are no 
further specific provisions on subsidies on trade in services under the Protocol.  
3.5.4   Safeguards  
3.87.   There are no general provisions on safeguards; howe ver, like paragraph 1 of the 
Telecommunications Reference Paper, a Party has the right  to maintain competitive safeguards to 
prevent suppliers that, in an individual or a conjunctive way, are major suppliers in its territory, to 
apply or continue to apply anti-competitive practices  (Article 3 2). 
3.6  Sector -Specific Provisions  
3.6.1   Telecommunication services  
3.88.   Section III of the Protocol  contains disciplines on telecommunication services. Most of the 
provisions are based on the GATS Annex on telecommunications compleme nted by the Reference 
paper developed by the Negotiating Group on Basic Telecommunications . Under Section III , 
telecommunication services are de fined more broad ly than under the GATS Annex on 
Telecommunications and  cover, in addition, the emission of signa ls by any physical or optical 
means (Article 28).  
3.89.   The scope of application of Section III is defined in Article 29 and to a large extent mirrors 
the provisions o f Article 2 of the GATS  Annex on Telecommunications. Section III applies to  
measures, adopted or maintained by the Parties , related to (a) the access to, and the use of, the 
public telecommunications networks and services; (b) the obligations of the providers of public 
telecommunications networks or services ; and (c) any other related measures. Broadcasting31 and 
cable distribution of radio or television programming destined for the public, with some exceptions, 
are excluded from the application of Section III.   
3.90.   Section III  covers issues  such as access and use of public telecommuni cations networks and 
services (Article 30); public availability of licensing criteria (Article 31); performance requirements 
for major suppliers32 of public telecommunications services (Article 32); supply and pricing of 
leased circuits (Article 33); co -location of equipment (Article 34); access to poles, ducts, conduits 
and way rights (Article 35); resale (Article 36); unbunding of network elements (Article 37); 
interconnection (Article 38); number portability (Article 39); flexibility in the choice of tec hnologies 
 
31 Broadcasting is defined by relevant legislation of each Party (Article 29).  
32 The definition of major suppliers is similar to that under the  Reference Paper and means a supplier of 
public telecommunications services, which has the ability to importantly affect the terms of participation, from 
the point of view of price and supply in the relevant market of networks or public telecommunications services, 
as a result of: (a) control of the essential elements or, (b) the use of its position in the market (Article 28).  WT/REG 288/3 
 
- 23 - 
 
  (Article 40); universal service (Article 41); attribution, assignation and use of scarce resources 
(Article  42); regulatory authority (Article 43); and standards and international organizations 
(Article 46).   
3.91.   On transparency , the Parties agree, to the extent possible and in accordance with their 
respective domestic legislations , to ensure to: promptly publish or make publicly available the 
establishment of the telecommunications regulatory authority; provide interested persons with the 
opportunity to comment on any regulation related to telecommunications services; and make 
publicly available measures relating to telecommunications services, such as  rates; specifications 
of technical interfaces; notification, license, permit, registration o r other authorization  
requirements ; connection conditions; responsible authorities and procedures related to  the 
resolution of telecommunications disputes  (Article 45) . 
3.92.   Both Parties commit to ensure availability of internal mechanisms for the resolution of 
domestic telecommunications disputes , in accordance with their valid domestic legislation s 
(Article  44). 
3.6.2   Co-production of films or TV series  
3.93.   Section VII of the Protocol establishes the rules on co -production33 of film or TV -series , 
including application s for approval; requirements for co-producers34 and for natural persons35; 
marketing in third countries with a quota36; co-production credits and festivals; contribution to  co-
productions37; entry and temporary stay of natural persons and film or TV series equipment; profit 
distribution;  and intellectual property rights . Section VII is complemented by an Appendix, which 
sets the rules of procedures for approval of an application for  co-production (Article 73).  
3.94.   Co-produc ed films or TV series  in accordance with Section VII are considered as the Parties 
national films or TV series and entitled to the same benefits  (Article 78) .  
3.95.   A Sub-committee on film or TV Series co -production is established under the Joint 
Committee, with its functions set out in Article 85.  
3.6.3   Financial services  
3.96.   Section IV of the Protocol concerns financial services and mirrors the d efinitio ns found in the 
GATS Annex on Financial Services.  It applies to all financial services in which the Parties have 
undertaken specific commitments in accordance with Annex I to the Protocol  (Article 47) . 
Section  IV does not apply to financial activities that  are excluded from the application of the 
GATS38 (Article  54). 
 
33 Co-production means a cinematographic work, with or without accompanying sounds, regardless of 
length or genre, including fiction,  animation and documentaries, which is intended to be shown first in cinemas 
or on TV channels (Article 74).  
34 Co-producer means a person, or an entity established in the territory of the Parties by whom the 
arrangements necessary for the making and financ ing of the cinematographic work and providing other 
conditions are undertaken, and which are bound by a co -production contract (Article 74).  
35 The producers, co -producers, authors, scriptwriters, performers, directors, professionals and 
technicians partici pating in co -productions, must be citizens of the Parties, but may live in third countries. In 
exceptional circumstances professionals from third parties may be permitted (Article 77).  
36 If the co -production is marketed in a country that has quota regulati ons for both Parties, the 
marketing is linked to the contributions or citizenship of the co -producers. In case quota regulations apply only 
to one of the Parties, the co -production of films or TV series shall be marketed by the Party not subject to the 
quota (Article 79).  
37 The respective financial contribution of the producers of the Parties may vary from 20% to 80% for 
each co -produced film or TV series with some exceptions (Article 81).  
38 Excluded from the coverage: i) activities or services forming par t of a public retirement plan or 
statutory system of social security; (ii) activities conducted by a central bank or monetary authority or by any 
other public entity in pursuit of monetary or exchange rate policies; and (iii) activities or services for the  
account or with the guarantee or using the financial resources of the Party. If activities or services referred to 
in (i) or (iii) to be conducted by its financial services suppliers in competition with public entities or private 
institutions, Section IV applies to such activities.  WT/REG 288/3 
 
- 24 - 
 
  3.97.   Article 48 on prudential measures replicates the provisions of paragraph 2 of the GATS 
Annex on Financial Services  and includes a prudential carve -out39 for (a) the protection of 
investors, depositors, policy -holders or persons to whom a fiduciary duty is owed by a financial 
service supplier; or (b) ensuring the integrity and stability of the Party 's financial system. 
Further more,  a Party may require registration by cross-border fi nancial service suppliers of the 
other Party and of financial instrument s, without prejudice to other means of prudential regulation 
of cross -border trade in financial services. Recognition of prudential measures applied by the other 
Party is allowed throu gh harmonization, bilateral agreement or autonomously . In case of an 
existing or future agreement on the recognition of third party prudential measures , adequate 
opportunity is granted to the other Party to accede to such agreements or to negotiate compara ble 
ones (Article 56) .  
3.98.   Under  transparency  provisions , the Parties agree , inter alia , to make publicly available 
domestic requirements and applicable procedures for completing applications for the supply of 
financial services  and to ensure that all measures of general application related to financial 
services are administered in a reasonable, objective, and impartial  manner  (Article 49) . 
3.99.   In case membership or participation in any self -regulatory organizations40 of one Party is 
required , the Party shall ensure that such entities accord national treatment to financial service 
suppliers of the other Party  (Article 50) . National treatment is also granted to  financial service 
suppliers established in the Parties  for payment and clearing systems operated by the Parties  
respective public entities and official funding and refinancing facilities available in the normal 
course o f ordinary business (Article 51 ). New financial services41 can be supplied by established 
financial services suppliers under certain specified provisions (Article 52).  
3.100.   Subject to the Parties domestic rules, financial information can be freely transferred  and 
process ed, except for  confidential or proprietary information in the possession of public entities, or 
the protection of personal data, personal privacy and the confidentiality of individual records and 
accounts (Articles 48 and 53, respectively).  
3.101.   Section IV establishes  that in resolving any dispute on financial services, the provisions of 
Article 22 (Notifications and Consultations Procedure for the Application of Measures) of the 
Agreement shall apply and the relevant experts of the Parties shall be involved42 (Article 55) . 
3.6.4   Transport services  
3.102.   Section V of the Protocol concerns  international road freight transport43 and auxiliary 
services .44 
3.103.   The Parties agree to apply  administrative and technical requirements in an objective and 
transparent manner and commit to ensure that such requirements do not constitute arbitrary or 
unjustifiable discrimination or a disguised restriction on trade in services covered by Section  V. 
These  commitment s do not, however, apply to the r equirements for the distribution of 
international road freight transport quotas and the issuance of transport permits (Article 59).  
3.104.   Cross -border movement and transit of transport equipment45 are allowed on reasonable 
and non -discriminatory terms and condit ions (Article 60).  The Parties agree not to adopt or 
 
39 The Parties agree that the term "prudential reasons " may include the maintenance of the safety, 
soundness, integrity, or financial responsibility of individual financial service suppliers (footnote 11, Article 48).  
40 Including securities or futures exchange or market, clearing agency or any other organizati on or 
association (Article 50).  
41 New financial service is a service of a financial nature, including services related to existing and new 
products or the manner in which a product is delivered, that is not supplied by any financial service supplier in 
the territory of a Party but which is supplied in the territory of the other Party (Article 47).  
42 For further details, please refer to document WT/REG288/1.  
43 International road freight transport is defined as a laden or an unladen journey, or transit, under taken 
by a vehicle the point of arrival or departure of which is in the territory of a Party (Article 58).  
44 Auxiliary services mean cargo -handling services, storage and warehouse services, freight transport 
agency services, and other services auxiliary to  all modes of transport (CPC 741, 742, 748 and 749, 
respectively) (Article 58).  
45 Containers, swap bodies necessary for the supply of services covered by Section V, etc. Trailers and 
semi-trailers are covered by the definition of vehicle and are not regard ed as transport equipment (Article 60).  WT/REG 288/3 
 
- 25 - 
 
  maintain any discriminatory measures requiring each others' services suppliers to follow a specific 
route or to use mandatory modes of transport (Articles 61 and 62).  There are s pecific provisions 
on the  transport by road of perishable goods, penalties and non -discriminatory access to and use 
of transport ation infrastructure (Articles 63 -65).  
3.105.    On transparency, the Parties agree to make publicly available on the internet relevant 
measures affecting the su pply of services covered by Section , including, where applicable 
information on: (a) weight and dimensions for vehicles, (b) fiscal charges, (c) border formalities, 
(d) social regulations and environmental regulations,  and (e) penalties. Information on a ny 
amendments, new regulations and international agreements affecting the supply of such services 
shall also be promptly provided (Article 66).  
3.106.   Professional drivers of a Party may stay in the territory of the other Party without a visa for 
a maximum period o f 90 days in any 180 -day period (Article 67).  
3.107.   In case of inconsistency between the provisions of Section V and the other parts of the 
Protocol, the former  shall prevail (Article 68).  
4  GENERAL PROVISIONS OF THE AGREEMENT  
4.1  Transparency  
4.1.  Like Articles III and I II bis of the GATS, Article 10 requires  the Parties to publish promptly 
and provide information, upon request by the other Party, on all relevant measures of general 
application or international agreements, which pertain to or affect the operation of the Protocol.  
4.2.  Additional transparency provis ions are agreed for telecommunications (Article 45) , financial 
(Article 49) , and transport services (Article 66)  as described under the respective sections of this 
factual presentation.  
4.3.  Each Party also commits to establish contact points to facilitate comm unications with the 
other Party on any matter covered by the Protocol (Article 21). As reported by the Parties, no 
contact points were established.    
4.2  Current payments and capital movements  
4.4.  Article 15 on payments and transfers to a large extent replicates the provisions of Article XI 
of the GATS, and, inter alia , commits the Parties not to apply restrictions on international transfers 
and payments for current transactions relating to their specific commitments, except under the 
circumstances envisaged in Art icle 16 on restrictions to safeguard the balance of payments.  
4.5.  As under Article XII of the GATS, in the event of serious balance -of-payments and external 
financial difficulties or threat thereof, the Parties may adopt or maintain restrictions on trade in 
services on which they have undertaken specific commitments, including on payments or transfers 
for transactions related to such commitments (Article 16). Restrictions could also be used to 
ensure, inter alia , the maintenance of a level of financial reserve s adequate for the implementation 
of a programme for economic development or economic transition. The types of restrictions are 
listed in Article 16(2), which are comparable to those in Article XII:2 of the GATS. The Parties 
agree to notify such restrictiv e measures to the Joint Committee along with a time schedule for 
their removal. As reported by the Parties, no restrictive measures were taken.   
4.3  Exceptions  
4.6.  General and security exceptions related to the application of the Protocol are contained in 
Articles  17 and 18 respectively. The Parties agree to apply the same provisions as those in 
Articles  XIV and XIV bis of the GATS, and to inform t he Joint Committee  to the fullest extent 
possible of measures taken under security exception provisions and of their te rmination.  As 
reported by the Parties, no measures under security exception provisions were taken.   WT/REG 288/3 
 
- 26 - 
 
  4.4  Accession and withdrawal  
4.7.  There are no specific  provisions on accession or withdrawal ; however, Article 37 (Validity and 
Withdrawal) of the Agreement46 applies to the Protocol  (Article 20.2) . 
4.5  Institutional framework  
4.8.  Articles 29 and 30 of the Agreement apply to the Protocol and contain provisions on the 
establishment and procedures of the Joint Committee.47  
4.9.  A Sub-committee on film or TV Series  co-production is established under the Joint 
Committee, with its functions set out in Article 85.    
4.10.   The Parties also agree to maintain a dialogue on electronic commerce whose  mandate is in 
Article 72.  
4.6  Dispute settlement  
4.11.   There are no general dispute settle ment provisions  under the Protocol ; however, 
Section s III and IV establish dispute resolution provisions related to  telecommunications and 
financial services (Articles 44 and 55, respectively).  
4.7  Relationship with other agreements concluded by the Parties  
4.12.   Table 4.1 lists the notified and non -notified trade agreements that have either Türkiye or 
Serbia as members (excluding the current Agreement). As of June 2022, Türkiye had 31 trade 
agreements while Serbia had 9.  
Table 4.1 Türkiye and Serbia : participation in other RTAs (notified and non -notified in 
force), as of 10 January  2023  
RTA Name  Entry into 
forcea Coverage  GATT/WTO Notification  
Year WTO Provision  
TÜRKİYE  
EFTA – Türkiye  01-Oct-21 Goods & 
Services  2022 GATT Art. XXIV & GATS Art. V  
United Kingdom - Türkiye  01-Jan-21 Goods  2020 GATT Art. XXIV  
Türkiye  - Kosovob 01-Sep-19 Goods  2021 GATT Art. XXIV  
Türkiye – Faroe Islands  01-Oct-17 Goods  2022 GATT Art. XXIV  
Türkiye  - Singapore  01-Oct-17 Goods & 
Services  2018 GATT Art. XXIV & GATS Art. V  
Türkiye  - Republic of Moldova  01-Nov-16 Goods  2016 GATT Art. XXIV  
Türkiye  - Malaysia  01-Aug-15 Goods  2017 GATT Art. XXIV  
Türkiye  - Mauritius  01-Jun-13 Goods  2013 GATT Art. XXIV 
Republic of Korea - Türkiye  1-May-13 
1-Aug-18 Goods  
Services  2013 
2022 GATT Art. XXIV  
GATS Art. V  
Türkiye  - Chile 01-Mar-11 Goods  2011 GATT Art. XXIV  
Türkiye  - Serbia  01-Sep-10 Goods  2010 GATT Art. XXIV  
Türkiye  - Montenegro  01-Mar-10 Goods  2010 GATT Art. XXIV  
Türkiye  - Georgia  01-Nov-08 Goods  2009 GATT Art. XXIV  
Türkiye  - Albania  01-May-08 Goods  2008 GATT Art. XXIV  
Egypt - Türkiye  01-Mar-07 Goods  2007 Enabling Clause  
Türkiye  – Syria 01-Jan-07 Goods  2007 GATT Art. XXIV  
Türkiye  - Morocco  01-Jan-06 Goods  2006 GATT Art. XXIV  
Türkiye  - Tunisia  01-Jul-05 Goods  2005 GATT Art. XXIV  
Türkiye  - Palestine  01-Jun-05 Goods  2005 GATT Art. XXIV  
Türkiye  - Bosnia and Herzegovina  01-Jul-03 Goods  2003 GATT Art. XXIV  
 
46 For further details, please refer to part IV.A in document WT/REG288/1.  
47 For further details, please refer to part IV.B in document WT/REG288/1.  WT/REG 288/3 
 
- 27 - 
 
  RTA Name  Entry into 
forcea Coverage  GATT/WTO Notification  
Year WTO Provision  
Revised Türkiye  - Bosnia and 
Herzegovina  01-Aug-21 Goods & 
Services  Not notified  
Türkiye  - North Macedonia  01-Sep-00 Goods  2001 GATT Art. XXIV  
Türkiye  - Israel  01-May-97 Goods  1998 GATT Art. XXIV  
EU - Türkiye  01-Jan-96 Goods  1995 GATT Art. XXIV  
Economic Cooperation Organization 
(ECO)  17-Feb-92 Goods  1992 Enabling Clause  
• ECO – Accession of Afghanistan  Not provided  Goods  Not notified  
• ECO – Accession of Tajikistan  Not provided  Goods  Not notified  
Protocol on Trade Negotiations 
(PTN)  11-Feb-73 Goods  1971 Enabling Clause  
Türkiye – Venezuela  21-Aug-20 Goods  Not notified  
Türkiye  – Iran 01-Jan-15 Goods  Not notified  
Preferential Trade Agreement 
among D -8 Member Statesc 2016 Goods  Not notified  
SERBIA  
Eurasian Economic Union (EAEU) - 
Serbia  10-Jul-21 Goods  2021 GATT Art. XXIV  
United Kingdom – Serbia  20-May-21 Goods & 
Services  2021 GATT Art. XXIV & GATS Art. V  
EFTA – Serbia  01-Oct-10 Goods  2010 GATT Art. XXIV  
Türkiye  - Serbia  01-Sep-10 Goods  2010 GATT Art. XXIV  
EU – Serbia  01-Feb-10 
01-Sep-13 Goods  
Services  2010 
2013 GATT Art. XXIV  
GATS Art. V  
Central European Free Trade 
Agreement (CEFTA) 2006  01-May-07 
11-Jan-21 Goods  
Services  2007 
 GATT Art. XXIV  
Not notified  
Russian Federation – Serbia  03-Jun-06 Goods  2012 GATT Art. XXIV 
Protocol on Trade Negotiations 
(PTN)  11-Feb-73 Goods  1971 Enabling Clause  
Kazakhstan – Serbia  10-Jan-12 Goods  Not notified  
a Dates of the first entry into force/provisional application for at least one of the Parties. Where dates 
of provisional application have been provided by the Parties, further notifications to confirm the 
dates of entry into force are awaited.  
b Reference to Kosovo in this table shall be understood to be in the context of the United Nations 
Security Council resol ution 1244 (1999).  
c Developing -8 is an organization for development cooperation among the following countries: 
Bangladesh, Egypt, Indonesia, Iran, Malaysia, Nigeria, Pakistan and Türkiye.  
Source:  WTO Secretariat. Further information on these Agreements an d on specific dates of entry into 
force/provisional applications may be found in the WTO Database on RTAs: http://rtais.wto.org .  
 
4.8  Government procurement  
4.13.   Like Article XIII of the GATS, laws, regulations or requirements governing the procurement 
by government agencies of services purchased for governmental purposes and not with a view for 
commercial resale and with a view to use in the supply of services for commercial sale are 
excluded from the coverage of t he Protocol.  
4.9  Intellectual property rights  
4.14.   Section VII and its Appendix establish intellectual property rights related to co -production of 
films or TV series (Article 84 and paragraph 3(a), accordingly). The co -producers shall ensure that, 
to the extent any  intellectual property rights are embodied in any element of the cinematographic 
work, these rights will be within the authorship and/or right holdership according to the domestic 
laws of the Parties of persons who participated in its creation.  
4.15.   The co -production contract shall provide  for the allocation of intellectual property rights  in a 
co-produced film or TV series, terms of access to the original co -production materials, ownership 
of the physical copy of the original negative. The co -production contra ct must also guarantee to 
each co -producer joint ownership of the original picture and sound . WT/REG 288/3 
 
- 28 - 
 
  4.10  Competition  
4.16.   Article 12 , to a large extent , reproduce s Article VIII of the GATS concerning the supply of 
services by monopolies and exclusive service suppliers, ex cept for the notification requirement for 
any intended grant of monopoly rights.  
4.17.   Article 13  on business practices replicates in full Article IX of the GATS.  As under the GATS, 
upon request by either Part y, the Parties agree to enter into consultations wit h a view to 
eliminating certain business practices that restrain competition.  
4.11  Electronic commerce  
4.18.   Section VI of the Protocol sets out the provisions on electronic commerce, which is defined 
by the Parties as "any commercial activity conducted by electronic  means" (Article 69).  
4.19.   Article 70 covers the objectives and the scope of application of Section VI. The Parties agree 
to adopt or maintain a domestic legal framework to protect personal information, taking into 
account the principles and guidelines of relevant international bodi es. Except in accordance with 
the obligations under other provisions of the Protocol, Section VI does not impose an obligation on 
a Party to allow delivery48 transmitted by electronic means . Recognizing the importance of the free 
flow of information on the  Internet, the Parties agree that this should not impair the rights of 
intellectual property owners on the Internet.  
4.20.   Following  the provisional  WTO moratorium on e-commerce , the Parties agree not to impose 
customs dut ies on a delivery transmitted by electronic means between the Parties. This practice 
could be adjusted in  accordance with any WTO Ministerial Decision in relation to the Work 
Programme on Electronic Commerce49, but it does not prevent the Parties from imposin g an 
internal tax or other internal charge on a delivery transmitted by electronic means, provided that it 
is imposed in a manner consistent with the Protocol.  
4.21.   The Parties agree to maintain a dialogue, in the form of information exchange or experience 
sharing, on regulatory issues raised by e -commerce, including, inter alia , electronic signatures; the 
transmission, or the storage of information; unsolicited electronic commercial communications 
(SPAM); and the protection of personal information, consumers an d businesses (Article 72). As 
reported by the Parties, no meetings on the mentioned listed issues took place.   
__________  
 
48 Delivery is understood as a computer program, text, video, image, sound recording or other delivery 
that is digitally encoded (Article 69).  
49 Document WT/L/274.