G/L/1385/Add.1  
 
22 October  2021 
(21-8006) Page: 1/2 
Council for Trade in Goods  Original: English  
 
ARTICLE  XXVIII:5 NEGOTIATIONS  
WITHDRAWAL OF THE UNITED KINGDOM FROM THE EUROPEAN UNION  
Communication from the European Union  
Addendum  
The following communication, dated 20  October  2021, is being circulated at the request of the 
Delegation of the European Union.  
 
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In connection with the ongoing negotiations under Article  XXVIII of GATT  1994 on the apportionment 
of the European Union's tariff -rate quota concessions following the withdrawal of the United Kingdom 
from the European Union1, the European Union refers to WTO  document  G/L/1385.2 
 
In that communication, the European Union extended the timelines of Article  XXVIII:3 of GATT  1994 
by six  months, i.e. until 1  January  2022, without prejudice to the question of whether there are any 
rights to withdraw concessions pursuant to Article  XXVIII:3(a) and (b). The above -referenced 
Communication also outlined the established practice in this regard. The Council for Trade in Goods 
approved this proposal for ex tension at its meeting of 31  March -1 April 2021.3 
 
Considering that the conclusion of the ongoing negotiations and consultations should not be impeded 
by the timelines of Article  XXVIII:3(a) and (b), in the event that, for substantive or procedural 
reason s including domestic procedural requirements for the formal conclusion of agreements under 
Article  XXVIII of GATT  1994, it were to take more time than will be available until 1  January  2022, 
the European Union believes that it is desirable to further exten d the timelines of Article  XXVIII:3 of 
GATT  1994 by six  months, i.e. until 1  July 2022, without prejudice to the question of whether there 
are any rights to withdraw concessions pursuant to Article  XXVIII:3(a) and (b).  
 
Accordingly, the European Union wish es to inform the Membership that the European Union will not 
assert that the WTO  Members who submitted a valid claim in this process are precluded from 
withdrawing substantially equivalent concessions under Article  XXVIII:3 of GATT  1994 because this 
withdr awal occurs later than six  months after the EU's modification of its concessions, which 
occurred on 1  January  2021, provided that the WTO  Member in question withdraws concessions no 
later than 18  months after the EU's modification of concessions. On this b asis, the European Union 
and other Members currently engaged in these Article  XXVIII procedures can continue to concentrate 
on bringing these negotiations and consultations to a successful conclusion in the coming months.  
 
 
1 Cf. WTO  document  G/SECRET/42, dated 19  July 2018, in which the European Union notified its 
intention to modify its current concessions on all tariff -rate quotas as they are reflected in Schedule  CLXXV of 
the European Union, in its Part  I Section  I-B (agricultural products) and in its Part  II Section  II-B (other 
products), and document  G/SECRET/42/Add.2 of 19  October  2018.  
2 Cf WTO  document  G/L/1385, dated 19  March  2021, titled Article  XXVIII:5 Negotiations – Withdrawal 
of the United Kingdom from the European Union  – Communication from the Euro pean Union . 
3 Council for Trade in Goods, Minutes of the Meeting of 31  March -1 April 2021, G/C/M/139, dated 
16 June 2021, para.  4.6. G/L/1385/Add.1  
 
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  The European Union proposes that the Council for Trade in Goods once more takes note of this 
communication and that it agrees on the extension of the deadline as indicated in this 
communication, until 1  July 2022.  
 
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