WT/REG242/2  
7 July 2016  
(16-3647)  Page: 1/18  
Committee on Regional Trade Agreements   
 
FACTUAL PRESENTATION 
THE STABILISATION AND ASSOCIATION AGREEM ENT (SAA) BETWEEN THE EUROPEAN UNION 
AND BOSNIA AND HERZEGOVINA (SERVICES) 
Report by the Secretariat 
This report, prepared for the consideration of the Stabilisation and Association 
Agreement (SAA) between the European Union and Bosnia and Herzegovina, 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 or acceptance by the Secretariat of such terminology. The report has 
been drawn up in accordance with the rule s 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 Mr. Jean-Daniel 
Rey (tel: +41 22 739 5264 ). Any statistical questions arising from this report may be 
addressed to Ms. Rowena Cabos (tel: +41 22 739 5185). 
 
 WT/REG242/2 
 
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TABLE OF CONTENTS 
 
Page 
1   TRADE ENVIRONMENT ................................................................................................. 3
 
1.1   Trade in servic es and inve stment ................................................................................. 3  
2   CHARACTERISTIC ELEMEN TS OF THE AG REEMENT ...................................................... 6  
2.1   Background  Information ............................................................................................. 6  
3   PROVISIONS ON TRADE IN SERVICES ......................................................................... 7  
3.1   Scope and Definitions ................................................................................................. 7  
3.2   Denial of Benefits ......................................................................................................  8 
3.3   General Provisions on Trade in Services ........................................................................ 8  
3.3.1   Mark et acce ss ........................................................................................................ 8 
3.3.2   National an d MFN treatment ..................................................................................... 8  
3.3.3   Commercial presence .............................................................................................. 9  
3.3.4   Movement of  natural pe rsons ................................................................................... 9  
3.4   Liberalizat ion Commitments ....................................................................................... 10 
3.4.1   General Overview .................................................................................................. 10 
3.4.1.1   Sector-specific co mmitments and provisions ........................................................... 10 
3.4.1.2   Financial services ................................................................................................ 11 
3.4.1.3   Transport services ............................................................................................... 11 
3.5   Regulatory Provisions ................................................................................................ 12 
3.5.1   Domestic regulation ............................................................................................... 12 
3.5.2   Recognition ........................................................................................................... 12 
3.5.3   Subsidies .............................................................................................................. 12 
3.5.4   Safeguards ........................................................................................................... 12 
4   GENERAL PROVISIONS  OF THE AGREEMENT ............................................................. 13  
4.1   Tran sparency ........................................................................................................... 13 
4.2   Payments and capital mo vements ............................................................................... 13 
4.3   Exceptions ............................................................................................................... 13 
4.4   A ccession  ............................................................................................................... . 14 
4.5   Institutio nal framework ............................................................................................. 14 
4.6   Government  Procurement .......................................................................................... 14 
4.7   Intellectu al property ................................................................................................. 14 
4.8   Dispute Settlement ................................................................................................... 15 
4.9   Relationship with other agr eements concluded by the Parties .......................................... 16 
4.10   Other .................................................................................................................. .. 18 
 
   WT/REG242/2 
 
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Key Facts 
 
Parties to the Agreement:  European Union and 
Bosnia and Herzegovina 
 
Date of Signature:   16 June 2008 
 
Date of Entry into Force: 1 June 2015 
 
Date of Notification:  22 December 2014 
 
Full implementation :  1 June 20211  
 
 
 1  TRADE ENVIRONMENT 
1.1.  The Stabilisation and Association Agreement (SSA, hereinafter referred to as the Agreement) 
between the European Union and its 28 Member St ates (hereinafter "EU") on the one part and 
Bosnia and Herzegovina on the other part, contains provisions on goods and services. This Factual Presentation deals with the services aspects of the Agreement as the goods aspects of it have 
been considered in the factual presentation on  the Interim Agreement on Goods in WT/REG242/1, 
considered by the CRTA on 8 April 2014
2. The subjects that have been dealt with in the 
consideration of the goods aspect of the Agreem ent are therefore excluded from this factual 
presentation. 
 
1.2.  The Agreement is one of seven SAA conclu ded by the EU, following the agreements with 
Albania, Croatia (prior to its EU accession), the former Yugoslav Republic of Macedonia, 
Montenegro, Serbia and more recently Kosovo.3 
1.1  Trade in services and investment 1.3.  In 2014, EU(28) ranked as the world's largest trader in commercial services, accounting for 
26.2% of world exports and 20.1% of world im ports, while Bosnia and Herzegovina ranked 
81
st and 129th in terms of global exports and imports, accounting for 0.03% and 0.06% of global 
exports and imports.4 
1.4.  Charts 1.1 and 1.2 below show the breakd own of commercial services trade between the EU 
and the world (2010-2014) and between Bosnia and Herzegovina and the rest of the world 
(2005-2014). Transport, travel and other busine ss services are the EU's largest exports and 
imports. For Bosnia and Herzegovina, next to transport and travel services, which are also the 
most important traded services sectors, manufacturing services on physical inputs owned by others constitute one of the largest export sectors. 
                                               
1 Art. 61.3 of the Agreement grants Bosnia and Herz egovina a 6 year transition period by the end of 
which it shall have adjusted its legislation concerning the acquisition of real estate in Bosnia and Herzegovina by nationals of the Member States to ensure the same treatment as compared to its nationals. That period 
ends on 1 June 2021. 
2 See document in WT/REG242/M/1. 
3 This designation is without prejudice to position s on status, and is in line with UNSCR 1244/1999 and 
the ICJ Opinion on the Kosovo declaration of independence. 
4 Source: WTO Country Profiles (September 2015). WT/REG242/2 
 
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 Chart 1.1 EU, trade in commercial services with extra-EU, 2010-2014  
0100200300400500600700800
2010 2011 2012 2013 2014A. EU exports to extra-EU
2010-2014
(€ Billion)
0100200300400500600700800
2010 2011 2012 2013 2014B. EU imports from extra-EU
2010-2014
(€ Billion)
 
Note: Based on BPM6. 
Source: WTO Statistics database (2010-2011) and EU authorities (2012-2014). 
 
Chart 1.2 Bosnia and Herzegovina, trade in commercial services with world, 2005-2014 
05001,0001,5002,000
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014Bosnia and Herzegovina exports to world
2005-2014
(€ Million)
-1000100200300400500
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014Bosnia and Herzegovina imports from world 
2005-2014
(€ Million)
 
Note:  Based on BPM6. No trade data on Manufacturing services on physical inputs owned by others (2005-
2006), Maintenance & repair services n.i.e. (2005-2007), Charges for the use of Intellectual property n.i.e. (2005) and Personal, cultural & recreational services (2005-2007). No import data on 
other business services (2005). 
 Exchange rate Euros per US dollar are: 0.804 (2005), 0.797 (2006), 0.731 (2007), 0.683 (2008), 
 0.720 (2009), 0.755 (2010), 0.719 (2011), 0.778 (2012), 0.753 (2013) and 0.754 (2014). 
Source: WTO Statistics database (based on BMP6). WT/REG242/2 
 
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 1.5.  Chart 1.3 below plots the EU's FDI stock with Bosnia and Herzegovina (2013-2014) and with 
the rest of the world (2000-2014). The EU's inward and outward FDI stocks with the world have 
increased steadily between 2000 and 2014, with the EU enjoying an FDI surplus throughout the period. The levels of outward FDI flows with the world also surpassed inward FDI flows during the 
2000-2014 period. The same trend is observed for EU FDI flows with Bosnia and Herzegovina for 
the years 2013 and 2014. 
Chart 1.3 EU, FDI stock and flow with  Bosnia and Herzegovina and extra-EU  
01,0002,0003,0004,0005,000
2000 2002 2004 2006 2008 2010 2012 2014FDI stock with extra-EU
2000-2014
(€ Billion) 
Outward Inward
-6,000-4,000-2,00002,0004,0006,000
2013 2014FDI stock with Bosnia and Herzegovina
2013-2014
(€ Million) 
Outward
Inward
0100200300400500600700
2000 2002 2004 2006 2008 2010 2012 2014FDI flow with extra-EU
2000-2014
(€ Billion) 
Outward Inward
01020304050607080
2013 2014FDI flow with Bosnia and Herzegovina
2013-2014
(€ Million) 
Outward
Inward
 
Note:  Data for 2000-2003 is EU (15), 2004-2006 is EU(25), 2007-2012 is EU(27) and 2013-2014 is 
EU(28). 
Source:  Eurostat and EU authorities (2013-2014).  
1.6.  Chart 1.4 below shows Bosnia and Herzegov ina's FDI stock and flows with the world for the 
period 2000-2014. While outward FDI stocks remained relatively stable at a modest level during 
the period (2000-2014), inward FDI stocks steadily increased (except between 2013 and 2014) to reach a substantially higher level at the end of the period. Inward flows also surpassed outward 
FDI flows during the whole period.  WT/REG242/2 
 
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 Chart 1.4 Bosnia and Herzegovina, FDI st ock and flow with world, 2000-2014 
01,0002,0003,0004,0005,0006,0007,000
2000 2002 2004 2006 2008 2010 2012 2014A. Bosnia and Herzegovina FDI Stock 
with world
(€ Million)
Outward Inward
-50005001,0001,5002,000
2000 2002 2004 2006 2008 2010 2012 2014B. Bosnia and Herzegovina FDI flow 
with world
(€ Million) 
Outward Inward
 
Note: No outward FDI stock and flow (2000-2003). 
 Exchange rate Euros per US dollar are: 1.085 (2001), 1.118 (2001), 1.063 (2002), 0.886 (2003), 
0.805 (2004), 0.804 (2005), 0.797 (2006), 0.731 (2007), 0.683 (2008), 0.720 (2009), 0.755 (2010), 0.719 (2011), 0.778 (2012), 0.753 (2013) and 0.754 (2014). 
Source: UNCTAD. 
 
2  CHARACTERISTIC ELEMENTS OF THE AGREEMENT 
2.1  Background Information 2.1.  The Agreement constitutes part of the stab ilization and association process launched by the 
EU with the Balkan countries in November 2000 at the Zagreb summit. In a first stage, the Interim 
Agreement on Trade and Trade Related Matters, containing essentially SAA disciplines on trade in 
goods as well as other provisions (notably on competition rules and intellectual property), entered into force between the EU and Bosnia and Herzegovina on 1 July 2008.
5 In a second stage, the 
SAA itself entered into force on 1 July 2015.  
2.2.  The services part of the SAA between the EU and Bosnia and Herzegovina was notified to the 
WTO pursuant to Article V of the GATS in document S/C/N/856 on 12 January 2016.. The entry 
into force of the SAA is part of a process to enable Bosnia and Herzegovina to further strengthen 
and extend its relationship to the EU. In this co ntext, the content of Title VI to the Agreement 
(approximation of laws) should be kept in mind when considering the services part of the SAA. 
2.3.  The text of the Agreement, along with its related annexes and protocols, is available on the 
Website of the EU at: 
http://europa.ba/wp-content/uploads/2015 /05/delegacijaEU_2011121405063686eng.pdf  
2.4.  The Agreement is composed of a Preamble and ten parts ("Titles") as well as Annexes and 
Protocols, including on establishment for financial services (Annex VI), and on land transport 
(Protocol 3). Box 2.1 below summarizes how the Agreement is structured. 
                                               
5 The goods aspects of the SAA were considered by the CRTA in April 2014 on the basis of, inter alia,  
document WT/REG242/1. WT/REG242/2 
 
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 Box 2.1 Structure of the Agreement 
Titles and Annexes Title/description 
Title I General Principles 
Title II Political dialogue 
Title III Regional Cooperation 
Title IV Free Movement of Goods 
Title V Movement of workers, establ ishment, supply of servic es, movement of capital  
Chapter I  Movement of Workers 
Chapter II  Establishment 
Chapter III Supply of Services 
Chapter IV Current Payments and Movement of Capital 
Chapter V General Provisions 
Title VI  Approximation of Laws, Law enforcement and Competition Rules 
Title VII Justice, Freedom and Security 
Title VIII Cooperation policies 
Title IX  Financial Cooperation 
Title X Institutional, General and Final Provisions 
Annexes  (extract)  
Annex VI Establishment: Financial Services (referred to in Title V: Chapter II) 
Protocol 3 On Land Transport (referred to in Title V: Chapter III) 
Note: Titles indicated in italic do not directly (or only ) cover services or investme nt related topics. They are 
however mentioned to provide a context. 
Source: WTO Secretariat based on the Agreement.  
3  PROVISIONS ON TRADE IN SERVICES 
3.1  Scope and Definitions 3.1.  The relevant aspects of the Agreement for the liberalization of trade in services are contained 
in Title V, which is divided into five chapters.  
a. Chapter I covers the movement of workers and relates to what is covered by mode 4 
under the GATS;  
b. Chapter II is related to establishment. However, the disciplines that it contains do not 
only refer to commercial presence as covered by mode 3 under the GATS, but also apply to establishment by producers of goods;  
c. Chapter III refers to the supply of services, with specific disciplines applicable to some 
transport services (in particular: land transport, for which cooperation is addressed under Protocol 3 to the Agreement; and international maritime transport); 
d. Chapter IV addresses current payments and movement of capital; and 
e. Chapter V contains general provisions.  WT/REG242/2 
 
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 3.2.  Certain parts of the Agreement, such as Ti tle V, mirror some elements of the EU's primary 
law.
6 
3.3.  The provisions of Title V apply subject to limitations justified on grounds of public policy, 
public security or public health. They also shall not apply to activities that are connected, even 
occasionally, with the exercise of official author ity (Article 63). Moreover, as to the coverage of 
Chapter II, Article 53.1 provides that the provisions  of Chapter II shall not apply to air transport 
services, inland waterways transport services and maritime cabotage services. 
3.4.  Article 50 sets out the definitions used in the Agreement relating to, inter alia , "Community 
(EU) companies" and "Bosnia and Herzegovina companies"; "subsidiaries" and "branches"; "establishment" (both as regards nationals and as regards Community (EU) companies and companies of Bosnia and Herzegovina); and "financial services". In particular, a "company" is 
defined as an EU or Bosnian and Herzegovinian comp any set up in accordance with the laws of an 
EU Member State or Bosnia and Herzegovina, resp ectively and having its registered office or 
central administration or principal place of business in the territory of the EU or Bosnia and 
Herzegovina respectively
7. Companies which are controlled and exclusively owned jointly by 
companies or nationals of Bosnia and Herzegovina and EU companies or nationals shall also be covered by the provisions of Title V (Article 65).  
3.5.  Other parts of the Agreement contain provisions  that are also applicable to trade in services, 
though such disciplines have a broader scope and appl y also to trade in goods. This is for instance 
the case with Title I (general principles); Title VI (approximation of laws); Title X (institutional, general and final provisions); and Protocol 6 (dispute settlement).  
3.2  Denial of Benefits 
3.6.  The Agreement does not contain any provision which explicitly allows a Party to deny benefits 
to any particular economic actor.  
3.3  General Provisions on Trade in Services 
3.3.1  Market access 3.7.  Title V does not contain any explicit market access limitation, comparable to the provisions of 
GATS Article XVI. The provisions of the Agreemen t shall not prejudice the application by any Party 
of any measure necessary to prevent the circumvention of its measures concerning third-country access to its market through the provisions of the Agreement (Article 69). 
3.3.2  National and MFN treatment 
3.8.  Article 51 provides that Bosnia and Herzegovina shall facilitate the setting up of operations in 
its territory by EU companies and nationals. From the date of entry into force of the Agreement, 
Bosnia and Herzegovina shall provide national trea tment, in respect of the establishment of EU 
companies and in relation to the operation of subsidiaries and branches of EU companies in its 
territory, once established. The same treatment sh all be granted by the EU and its Member States 
to companies and nationals of Bosnia and Herzegovina.  
                                               
6 i.e. the Treaty establishing the European Commun ity (TEC), as amended, and notably the Internal 
Market freedoms. The freedom of establishment and the freedom to provide services across borders are 
enshrined in Articles 43 and 49 of the TEC (Articles 49 and 56 of the Treaty on the Functioning of the EU – 
TFU). The Agreement's approach to regulating bilateral and preferential relations between the EU and Bosnia and Herzegovina in trade in services is therefore influenced  by these Articles as well as by the principles that 
the European Court of Justic e (ECJ) has developed on the basis of their application. 
7 A "subsidiary" of a company shall mean a company wh ich is effectively controlled by another company. 
A "branch" of a company is a place of business not having legal personality which has the appearance of 
permanency, such as the extension of a parent body , has a management and is materially equipped to 
negotiate business with third parties so that the latter, although knowing that there will if necessary be a legal 
link with the parent body, the head office of which is abroad, do not have to deal directly with such parent body but may transact business at the place of business constituting the extension. WT/REG242/2 
 
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 3.9.  National treatment shall also be granted in the context of movement of natural persons 
according to the modalities in Chapter I of Title V (see section 3.3.4 below). 
3.10.  Four years after the entry into force of the Agreement (2019), the Parties shall establish 
detailed arrangements to extend national treatment to their nationals to take up economic 
activities as self-employed persons (paragraph 4 of Article 51). 
3.3.3  Commercial presence 3.11.  The notion of "freedom of establishment" is one of the fundamental principles of the EU 
internal market. This is of importance as the Agreement is partly structured around the alignment 
of Bosnia and Herzegovina's legislative framewor k with the regulatory framework of the EU. In 
that regard, the Agreement can be seen as a precursor to an eventual EU membership of Bosnia and Herzegovina.  
3.12.  Chapter II of Title V contains disciplines applicable to both "nationals" and "companies" 
(including "subsidiaries" and "branches") of both Parties with regard to "establishment" (including 
the operation of subsidiaries and branches). As regards nationals, "establishment" means the right 
to take up economic activities as self-employed pe rsons, and to set up undertakings, in particular 
companies, which they effectively control. As regards companies, "establishment" means the right to take up economic activities by setting up su bsidiaries and branches in one of the Parties.  
3.13.  As already mentioned, MFN and national treatment obligations, with regards to commercial 
presence, are contained in paragraphs 1 and 2 of Ar ticle 51. The Parties also agree that they shall 
not adopt any new regulations or measures which introduce discrimination as regards the establishment of any other Party's companies on their territory or in respect of their operation, 
once established, by comparison with their own companies (paragraph 3 of Article 51).  
3.14.  Paragraph 5 of Article 51 establishes that subsidiaries and branches of EU companies shall 
have, from the entry into force of the Agreement, th e right to use and rent real property in Bosnia 
and Herzegovina. Moreover, also from the entry in to force of the Agreement, subsidiaries of EU 
companies shall have the same rights to acquire and enjoy ownership rights over real property as companies of Bosnia and Herzegovina. Such subsidiaries shall also have the same right as regards 
public goods/goods of common interest as enjo yed by companies of Bosnia and Herzegovina 
where such rights are necessary for the conduct of the economic activities for which they are 
established. Four years after the entry into fo rce of the Agreement (2019), the parties shall 
examine the possibility of extending the above-me ntioned right to branches of EU companies. 
3.3.4  Movement of natural persons 
3.15.  Chapter I of Title V protects workers who are nationals of either Party from discrimination 
based on nationality as regards working conditions, remuneration or dismissal. Under the 
Agreement, national treatment shall be granted by  each Party to workers who are nationals of the 
other Party when they are legally employed in the territory of the Party (Article 47). Access to the 
labour market for legally resident spouses and children of workers is also granted. 
3.16.  The Agreement foresees at least a standstill (and, if possible, improvements) on facilities of 
access to employment accorded under bilateral agreements between any EU Member State and 
Bosnia and Herzegovina for workers of each Party in the other Party. Three years after the entry 
into force of the Agreement (in 2018), the Parties shall examine the possibility of granting other 
improvements, including facilities for access to professional training. These developments shall 
take place in accordance with the rules and procedures in force in the EU Member States and taking into account the situation in the labour market in the EU Member States and in the EU 
(Article 48). 
3.17.  The Agreement foresees that the Parties shall decide to lay down rules for the coordination 
of their social security systems for workers who are nationals of Bosnia and Herzegovina, legally 
employed in the territory of an EU Member Stat e, and for the members of their families legally 
resident there (Article 49). The Parties' decision, related in particular to pensions and annuities in respect of old age, invalidity, and death and for th e purpose of medical care, should not affect any WT/REG242/2 
 
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 rights or obligations arising from bilateral agreements that would provide for more favourable 
treatment. To a large extent, Bosnia and Herzegov ina shall accord to workers who are national of 
an EU Member State and legally employed in its territory, and to their family members, treatment mostly similar to the above. 
3.18.  Some provisions of Chapter II of Title V (on establishment) directly relate to the movement 
of natural persons. In particular, under Article 56,  an EU company established in the territory of 
Bosnia and Herzegovina shall be entitled to employ, or have employed by one of its subsidiaries or 
branches, in the territory of the other Party, empl oyees who are nationals of either Party, provided 
that such employees are "key personnel" and that  they are employed excl usively by companies, 
subsidiaries or branches. The residence and work permits of such employees shall only cover the 
period of such employment (paragraph 1 of Ar ticle 56). Paragraph 2 of Article 56 defines "key 
personnel" as "intra-corporate transferees"
8 (working in senior positions or possessing uncommon 
and essential knowledge). The employing companies (including subsidiaries or branches) shall be a legal person and those personnel must have been em ployed by it, or have been partners in it, for 
at least the year immediately preceding the transfer of such key personnel. Article 56 
(paragraph 2, a-c) describes the categories of natural persons, senior officers, experts and intra-corporate transferees which both Parties have agreed to permit to enter and remain in their 
respective territories during the period of employment. Entry and temporary presence of 
companies' representatives are subject to modalities contained in paragraph 3 of Article 56.  
3.19.  Specific modalities applicable to establishment and operation of branches of companies of 
one Party not incorporated in the territory of the other Party are in Article 54. 
3.20.  Nothing in the Agreement shall prevent the Parties from applying their laws and regulations 
regarding entry and stay, employment, working co nditions, establishment of natural persons and 
supply of services, notably insofar as the granting, renewal, or refusal of a residence permit is 
concerned, provided that, in so doing, they do not apply them in such a manner as to nullify or 
impair the benefits accruing to any Party under the terms of a specific provision of the Agreement (Article 64). 
3.4  Liberalization Commitments 
3.4.1  General Overview 3.21.  The structure of the services part of th e Agreement does not mirror the structure of the 
Parties' services rules and commitments as in the GATS. This is a consequence of the very nature 
of the Agreement, which establishes a process for Bosnia and Herzegovina to approximate its 
existing legislation to that of the EU and to gradually make it compatible with the EU acquis
9. 
Consequently, the structure of the Agreement follows neither a typical "negative" nor "positive" list 
approach.  
3.4.1.1  Sector-specific commitments and provisions 3.22.  Because of the nature of the Agreement (essentially built around the approximation of 
Bosnia and Herzegovina's legislation to that of the EU), a comparison between the EU 
commitments under the GATS and under the Agreem ent does not assist in presenting the facts 
about the Agreement. Using commitments under the GATS as a benchmark is not possible either with regards to the commitments made, under the Ag reement, by Bosnia and Herzegovina as it is 
has not yet acceded to the WTO.  
3.23.  It is worthwhile recalling that with respec t to the establishment of Parties' companies, as 
well as the operations of their subsidiaries an d branches, liberalization commitments are governed 
                                               
8 An "intra-corporate transferee" is defined as a na tural person working within an organization in the 
territory of a Party, and being temporarily transferred in the context of pursuit of economic activities in the territory of the other Party; the organization concerned mu st have its principal place of business in the territory 
of a Party and the transfer to an establishment (branch,  subsidiary) of that organization, effectively pursuing 
like economic activities in the territory of the other Party. 
9 A transitional period of a maximum of six years is established for the a pproximation process. The 
process is regularly reviewed. WT/REG242/2 
 
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 by the provisions of Chapter II of Title V (See al so Section 3.3.3 above on "commercial presence"). 
With respect to the supply of services, the liberalization commitments and modalities related to 
them are contained in Chapter III under Title V.  
3.24.  Under the Agreement, there are no national  treatment restrictions per se in relation to 
mode 3 (or "establishment" more broadly, as defi ned under Chapter II of Title V). Further, the 
provision of services through the other modes of  supply, governed by Chapters I (movement of 
persons) and III (cross-border supply of services) of Title V, foresee that non-discrimination based 
on nationality shall be applied in relation to movement of workers (Article 47) and that the Parties 
shall not take any measure or actions which render the conditions for the supply of services by EU and nationals or companies of Bosnia and Herzegovina established in a Party other than that of the person for whom the services are intended significantly more restrictive as compared to the 
situation existing on the day preceding the day of entry into force of the Agreement (Article 58) . 
Moreover, the Agreement does not contain schedules of concessions for the Parties. Though commitments on increased cooperation in a number of services sectors are made
10, essentially 
under Title VIII (cooperation policies), the section below focuses mainly on the few sectors for 
which the Agreement contains specific provisions (financial services and some selected transport services).  
3.4.1.2  Financial services 
3.25.  Annex VI of the Agreement concerns Financial Services, and sets out definitions to be used 
in Title V, Chapter II. It incorporates most of the definitions found in Article 5(a) (i)-(xvi) of the Annex on Financial Service under the GATS. As under the GATS, under the Agreement, the Parties 
may take measures for prudential reasons, includ ing for the protection of investors, depositors, 
policy holders or persons to whom a fiduciary duty is owed by a financial service supplier, or to ensure the integrity and stability of the financia l system (paragraph 2 of Article 52). Prudential 
measures shall not be used as a means of avoiding the Party's obligations under the Agreement. 
Article 52 also contains non-disclosure provisions for information relating to the affairs and accounts of individual customers or any confidential  or proprietary information in the possession of 
public entities.  
3.4.1.3  Transport services 3.26.  Paragraph 6 of Article 59 provides that Bosnia and Herzegovina shall adapt its legislation, 
including administrative, technical and other rules to that of the EU existing at any time in air, 
maritime, inland waterway and land transport insofar as it serves liberalization purposes and 
mutual access to the markets of the Parties and facilitates the movement of passengers and goods. The Stabilisation and Association Council  established under the Agreement shall examine 
ways of creating the conditions necessary for improving freedom to provide air, land and inland 
waterway transport services. Moreover, Article 53,  under Chapter II (Establishment) specifies that 
the provisions on establishment do not apply to air transport services, inland waterways transport 
services and maritime cabotage services. The Stabilisation and Association Council may however 
make recommendations for improving establishment and operations in these areas.  
3.27.  Article 59 applies specifically to the supply of transport services between the Parties. It 
provides that Protocol 3 to the Agreement lays down the rules applicable for land transport 
between the Parties. It seeks to ensure unres tricted road transit traffic across Bosnia and 
Herzegovina and the EU and the application of the principle of non-discrimination and progressive harmonization of Bosnia and Herzegovina's transport legislation with that of the EU, (Article 11.1 
of Protocol 3). It applies to infrastructure, rail and combined transport, and road transport 
(Article 2 of Protocol 3). With regard to rail an d combined transport, the Parties agreed to adopt 
mutually coordinated measures necessary for the development and promotion of rail and combined 
transport as a means of ensuring that in the future  a major proportion of their bilateral and transit 
transport through Bosnia and Herzegovina takes place under more environmentally-friendly 
                                               
10 Under Title VIII, the Parties commit to esta blish close cooperation in sectors such as, inter alia ,: 
statistics; banking, insurance and other financial services; audit and financial control; investment promotion and protection; tourism; services incidental to agricult ure and fisheries; taxation; social services; education 
and training; cultural services; audio-visual services; information society-related services; electronic 
communications networks and services; information and communication; transport; energy; environment; and research. WT/REG242/2 
 
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 conditions (Article 7 of Protocol 3). In road transport, the Parties agree to grant unrestricted 
access to EU transit traffic through Bosnia and He rzegovina (defined as the carriage, by a carrier 
established in the EU, of goods in transit through Bosnia and Herzegovina territory en route to or from an EU Member State) and to Bosnia and Herz egovina transit traffic (defined as the carriage, 
by a carrier established in Bosnia and Herzegovina, of goods in transit from Bosnia and 
Herzegovina through EU territory and destined for a third country or of goods from a third country destined for Bosnia and Herzegovina (Article 11.2 )) through the EU from the date of entry into 
force of the Agreement. Under the Agreement th ere are no reservations listed for space and 
pipeline transport, thereby effectively liberalizing establishment in these sectors. 
3.28.  On international maritime transport, in Article 59, the Parties agree to undertake to apply 
effectively the principle of unrestricted access to the international maritime markets and trade on a 
commercial basis, and to respect international and European obligations in the field of safety, 
security and environmental standards, and have affirmed their commitments to a freely competitive environment as an essential feature of international maritime transport. Paragraph 3 
of Article 59 provides that the Parties shall (a) not introduce cargo-sharing clauses in future 
bilateral agreements with third countries, (b) abolish all unilateral measures and administrative, technical and other obstacles that could have restrictive or discriminatory effects on the free 
supply of services in international maritime transport, and (c) each Party shall grant no less 
favourable treatment for the ships operated by nationals or companies of the other Party than that accorded to a Party's own ships with regard to access to ports, open to international trade, the use of infrastructure and auxiliary maritime services of the ports, as well as related fees and charges, 
customs facilities and the assignment of berths and facilities for loading and unloading.  
3.29.  In relation to air transport, paragraph 4 of  Article 59 provides that with a view to ensuring 
coordinated development and progressive liberaliza tion of transport between the Parties adapted 
to their reciprocal commercial needs, the conditions of mutual market access in air transport shall 
be dealt with by the European Common Aviation  Area (ECAA). Until the ECAA is completed the 
Parties shall not take any measures which are more restrictive or discriminatory as compared with 
the situation existing prior to the entry into force of the Agreement.  
3.5  Regulatory Provisions 3.5.1  Domestic regulation 3.30.  The Agreement does not contain any provision equivalent to GATS Article VI, however, 
Title VI on the approximation of Bosnia and Herzegovina legislation to that of the Community 
covers measures governed  by GATS Article VI.  
3.5.2  Recognition 
3.31.  Article 55 provides that the Stabilisation and Association Council shall examine which steps 
are necessary for mutual recognition of qualifications, in order to make it easier for EU and Bosnia and Herzegovina nationals to take up and pursue regu lated professional activities in the territory of 
the other Party.  
3.5.3  Subsidies 3.32.  The Agreement has no specific provisions on subsidies on trade in services.  3.5.4  Safeguards 
3.33.  When one of the EU Member States or Bo snia and Herzegovina is in serious balance of 
payments difficulties (or imminent threat), it may adopt restrictive measures to remedy the balance of payments situation. This shall be done in conformity with the conditions established 
under the WTO Agreement and the modalities contained in Article 67.  WT/REG242/2 
 
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 4  GENERAL PROVISIONS OF THE AGREEMENT
11 
4.1  Transparency 
4.1.  Apart from the general requirements of Ti tle X of the Agreement (Institutional, General and 
Final Provisions), there are no specific provisio ns on transparency in the Agreement, although 
Title VIII on cooperation policies recommends cooperation in several areas, which implies an 
information exchange.  
4.2  Payments and capital movements 
4.2.  Chapter IV of Title V, Articles 60-62 concern current payments and movement of capital. 
Article 60 provides that the Parties undertake to authorise, in freely convertible currency, in accordance with Article VIII of the Articles of the Agreement of the International Monetary Fund, 
any payments and transfers on the current accoun t of the balance of payments between the EU 
and Bosnia and Herzegovina. 
4.3.  Paragraph 1 of Article 61 provides that for transactions on the capital and financial account of 
the balance of payments, the Parties shall ensure the free movement of capital relating to direct 
investments made in companies formed under the law of the host country and Chapter II of Title V 
and the liquidation or repatriation of those investments and of any profit stemming therefrom. Paragraph 2 of Article 61 provides that the Partie s shall ensure the free movement of capital on 
credit related commercial transactions or to the provision of services in which a resident of one of 
the Parties in participating, and to financial loans and credits with maturity of more than one year. 
4.4.  Bosnia and Herzegovina agrees to authorise the acquisition of real estate by nationals of 
Member States of the EU. Within 6 years of the da te of entry into force, Bosnia and Herzegovina 
shall progressively adjust its legislation concerning acquisition of real estate to grant national 
treatment to nationals of EU Member States. The Parties shall, five years after entry into force of the Agreement, ensure the free movement of capital for portfolio investment and financial loans 
and credits with a maturity of less than one year. This is without prejudice to the possibility for 
economic actors to benefit from more favourable treatment that may be provided for in any bilateral or multilateral agreement involving the Parties. 
4.5.  In exceptional circumstances where moveme nts of capital between the Parties cause, or 
threaten to cause, serious difficulties for the oper ation of exchange rate policy or monetary policy 
in one Party, that Party is allowed to take safeguard measures for a period not exceeding six months if such measures are strictly necessary (Article 61.5). 
4.6.  During the first 5 years of the Agreement the Parties shall take measures permitting the 
creation of the necessary conditions for the further gradual application of EU rules on the free movement of capital (Article 62). Five years after the entry into force of the Agreement, the 
Stabilisation and Association Council shall determine detailed arrangements for full application of 
EU rules on the movement of capital in Bosnia and Herzegovina. 
4.3  Exceptions 
4.7.  Pursuant to Article 63, the provisions of Title V do not apply to limitations justified on the 
grounds of public policy, public security or public  health and activities connected with the exercise 
of official authority. Article 123 of Title X (Institutional, General and Final Provisions) contains a security exception also applicable to trade in services.  
4.8.  Article 66 provides that MFN treatment granted under Title V shall not apply to tax 
advantages that the Parties are providing or will provide in the future on the basis of agreements 
designed to avoid double taxation or other tax arrangements. Nothing in Title V shall prevent the 
adoption or enforcement of any measure aimed at  preventing the avoidance or evasion of taxes 
pursuant to such agreements or domestic fiscal legislation.  
                                               
11 See also Part 4 of document WT/REG242/1, dated 27 November 2013. WT/REG242/2 
 
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 4.4  Accession 
4.9.  There are no provisions in the Agreement on accession by third parties. The Agreement may 
be terminated on 6 months' notice by either Party to the other (Article 129).  
4.5  Institutional framework 
4.10.  Title X (Articles 115-135) deals with in stitutional, general and final provisions. 
Articles 115-117 set out the functions of the Stabilisation and Association Council. The Council's tasks are to, inter alia  supervise the application and implemen tation of the Agreement; and have 
the power to take decisions that are binding on  the Parties within the scope of the Agreement 
(Article 117). The Council is assisted in its work by a Stabilisation and Association Committee - to which the Council may delegate any of its powers (Article 118). Per Article 119, the Committee may create sub-committees. On 5 October 2015, the Stabilisation and Association Council adopted 
its rules of procedures according to which 7 sub-committees were established, including the 
Sub-committees on 1) Trade, industry, customs and taxation; 2) Agriculture and Fisheries; 3) Internal market and competition; 4) Economic and financial issues and statistics; 5) Justice, 
freedom and security; 6) Innovation, information society and social policy and 7) Transport, 
energy, environment and regional developmen t. A Special Group for reform of public 
administration and a Stabilization and Association Parliamentary Committee
12 h a v e  a l s o  b e e n  
established. 
4.6  Government Procurement 4.11.  Article 74 of the Agreement concerns public procurement, also covering trade in services 
The EU and Bosnia and Herzegovina consider that the opening up of the award of public contracts 
on the basis of non-discrimination and reciprocity, following in particular WTO rules is a desirable 
objective. It provides that Bosnia and Herzegovina companies (whether based in Bosnia and Herzegovina or the EU) shall be granted access to  contract award procedures in the EU under 
treatment no less favourable than that accorded to EU companies as from the date of entry into 
force of the Agreement. This provision shall also apply to the utilities sector, once Bosnia and Herzegovina has introduced EU legislation in the area (subject to review by the EU). Article 74 also 
provides that EU companies established in Bosnia  and Herzegovina under Title V of the Agreement 
shall be granted access to contract award procedures in Bosnia and Herzegovina under treatment no less favourable than provided to companies from Bosnia and Herzegovina. It further provides that EU companies not based in Bosnia and Herzegovina, shall be granted access to contract award 
procedures in Bosnia and Herzegovina pursuant to the Bosnia and Herzegovina Law on Public 
Procurement, no less than 5 years after entry into force of the Agreement. Preferences provided to 
Bosnia and Herzegovina companies shall be conver ted into price preferences per a timetable set 
out in paragraph 4 of Article 74.  
4.7  Intellectual property 4.12.  Under Article 73 and Annex VII of the Agreement (on intellectual, industrial and commercial 
property rights), the Parties agree to grant to ea ch other's companies and nationals, in respect of 
the recognition and protection of intellectual, industrial and commercial property, treatment no less favourable than that granted by them to  any third party under a bilateral agreement 
(Article 73). Bosnia and Herzegovina shall take the necessary measures to guarantee no later than 
five years after the Agreement enters into force, a level of protection of intellectual, industrial and 
commercial property rights, similar to that existing in the EU, including effective means of enforcing these rights. It will also accede during this period to the multilateral conventions under 
Annex VI of the Agreement. The Stabilisation and Association Council may also oblige Bosnia and 
Herzegovina to accede to specific multilateral Conventions in this area. Any problems in intellectual, industrial or commercial property rights affecting trade shall be referred urgently to 
the Stabilisation and Association Committee at the re quest of either Party, with a view to reaching 
a mutually satisfactory solution. 
                                               
12 (Article 121). WT/REG242/2 
 
- 15 - 
 
 4.13.  Article 79 concerns the protection of personal data and requires Bosnia and Herzegovina to 
harmonize its legislation concerning personal data protection with EU law and other European and 
international legislation on privacy. 
4.14.  Protocol 7 complements the Agreement's provisions on intellectual property and addresses 
some aspects of geographical indications in relation to the recognition of names for wines and 
spirits.  
4.8  Dispute Settlement 
4.15.  Dispute settlement under the Agreement is dealt with in under Articles 125 and 126 and 
Protocol 6 of the Agreement.  
4.16.  Under Article 125, the Parties will consult promptly through appropriate channels at the 
request of either Party, to discuss any matter conc erning the interpretation or implementation of 
the Agreement and other relevant aspects of their bilateral relations. Article 125 requires them to 
refer any dispute relating to the application or interpretation of the Agreement to the Stabilisation and Association Council which may settle the dispute through a binding decision. Article 126 
describes the procedures to be followed for dispute settlement whereas Protocol 6 details 
procedures to be followed fo r arbitration of a dispute.  
4.17.  The objective of Protocol 6 (Article 1) is to avoid and settle disputes between the Parties 
with a view to reaching a mutually acceptable solution, and covers differences in the interpretation 
and application of the following provisions (Article 2 of Protocol 6): Title IV (free movement of goods, Title V (Movement of workers, establishm ent, supply of services, capital); and Title VI 
(approximation of laws, law enforcement and competition rules). 
4.18.  Per Article 3 of Protocol 6, where the Parties fail to resolve their dispute, the complaining 
Party may under the conditions of Article 126 of th e Agreement, submit a request in writing for the 
establishment of an arbitration panel to the Party complained against and the Stabilisation and 
Association Committee. The Panel will notify its ruling to the Parties and the Stabilisation and 
Association Committee within 90 days and in no case later than 120 days from its establishment ( i n  u r g e n t  c a s e s ,  e v e r y  e f f o r t  w i l l  b e  m a d e  t o  i s s u e  a  r u l i n g  w i t h i n  4 5  u p  t o  a  m a x i m u m  
100 days).
13 The Panel's ruling shall set out the findings of fact, the applicability of the relevant 
provisions of the Agreement and the rationale for its findings and conclusions. It may also contain recommendations on the measures to be adopted to comply with the ruling (Article 5.3 of 
Protocol 6). 
4.19.  Each Party will take any measure necessary to comply with the ruling of the Panel and the 
Parties will endeavour to agree on the reasonable pe riod of time required to comply with the ruling 
(Article 6 of Protocol 6), which the Party complained against will notify no later than 30 days after 
the ruling (Article 7.1 of Protocol 6). If the Part ies disagree on the reasonable period of time the 
complaining Party may request the Stabilisation and Association Committee, within 20 days of the notification of the reasonable period of time by the Party complained against, to reconvene the 
original Arbitral Panel. The Panel should notify its ruling on the reasonable period within 20 days 
from the submission of this request. Article 8 re quires the Party complained against to notify the 
other Party and the Stabilisation and Association Committee before the end of the reasonable period of time of any measure it has taken to comply with the Panel ruling. If there is 
disagreement about the compatibility of any measure taken with the scope of the Protocol (Article 
2 of Protocol 6), the complaining Party may request the original Panel to rule on the matter. Once re-convened the Panel will rule within 45 days of the date of its re-establishment (Article 8.2 of 
Protocol 6).  
4.20.  If the Party complained against fails to notify measures to comply with the Panel's ruling 
before the end of the reasonable period of time, or if the Panel rules that the measure notified is 
not in conformity with that Party's obligations under the Agreement, the Party complained against 
                                               
13 The Panel is established on the date on which the chair of the panel is informed of the appointment of 
the panellists as agreed by the Parties, or the date of their selection. If it cannot meet the 90 day deadline, the 
chairperson of the Panel must notify the Parties and th e Interim Committee in writing, stating the reasons for 
the delay (Article 5(1) of Protocol 6). WT/REG242/2 
 
- 16 - 
 
 shall, if requested by the other Party, present an offer for temporary compensation (Article 9 of 
Protocol 6). If there is no agreement on compensa tion within 30 days of the end of the reasonable 
period of time or if the Panel rules under Article 8 of Protocol 6 that the measure taken to comply does not conform with the Agreement, the complain ing Party is entitled, upon notifying the other 
Party and the Stabilisation and Association Committee, to suspend the application of benefits 
granted under the provisions covered by the Protocol at a level equivalent to the adverse economic impact of the violation. The benefits may be suspended 10 days after the date of notification, 
unless the Party complained against has already requested arbitration under paragraph 3 
(Article 9.2 of Protocol 6). The re-convened Panel shall notify its ruling on the level of suspension of benefits to the Parties and the Stabilisation and Association Committee within 30 days of the date of request, before which benefits cannot be suspended (Article 9.3 of Protocol 6). The 
benefits suspended shall be: consistent with the ruling of the Panel, temporary, and applied only 
until any measure found to violate the Agreement is  withdrawn or amended so as to bring it into 
conformity with the Agreement or until the Parties have agreed to settle the dispute. 
4.21.  Compliance with the Panel ruling should  be notified by the Party complained against 
(Article 10 of Protocol 6). The complaining Party may request that the Panel re-convene if there is no agreement on the measures taken to comply with the ruling. If the Panel decides that 
compliance has not been sufficient it will determine whether the complaining Party can continue its 
suspension of benefits at the original or different level; if it rules that compliance conforms to the Agreement, the suspension of benefits will be terminated. 
4.22.  Unless it decides otherwise, the meetings of the Arbitration Panel shall be open to the public 
under the Rules of Procedure (and a compleme ntary Code of Conduct) established by the 
Stabilisation and Association Council no later than six months after the entry into force of the Protocol. The rules of conduct have not been established yet. The Panel may also, at the request of 
a Party or on its own initiative, seek information from any source or the opinion of experts as it 
believes to be appropriate (Article 12 of Protocol 6), information obtained must be shared with the Parties and open to comment and interested parties may also submit amicus curiae  briefs to the 
Panel according to rules of procedure established for its proceedings.
14 All Panel decisions will be 
taken by majority vote and shall be binding on the Parties (Article 14 of Protocol 6). They will be 
notified to the Parties and to the Stabilisation and Association Committee which will make them public unless it decides by consensus not to do so. 
4.23.  Once Bosnia and Herzegovina accedes to the WTO, arbitration panels under the Agreement 
shall not adjudicate disputes on each Party' s rights and obligations under the Agreement 
establishing the WTO (Article 16 of Protocol 6). Th e right of recourse by the Parties to the dispute 
settlement provisions under the Agreement shall be without prejudice to any action in the WTO, 
including for dispute settlement. However, once a Party has instituted a dispute either under Article 3(1) of the Protocol or under the WTO Agreement, it may not institute a dispute on the 
same measure in the other forum until the firs t proceeding has ended. The Protocol does not 
preclude a Party from implementing suspension of obligations authorized by the WTO Dispute 
Settlement Body. 
4.9  Relationship with other agreements concluded by the Parties 
4.24.  The provisions of Title V shall be progressive ly adjusted, notably in the light of requirements 
arising from Article V of the GATS (Article 68). 
4.25.  Article 127 provides that the Agreement shall not (until equivalent rights for individuals and 
economic operators have been achieved) affect rights accruing through existing agreements 
binding on one or more Member States on the on e hand and Bosnia and Herzegovina on the other. 
4.26.  Table 4.1 below lists the other regional trade agreements to which the Parties are party.  
                                               
14 The Panel shall apply and interpret the provisions of the Agreement in accordance with the customary 
rules of interpretation of public international law, including the Vienna Convention on the Law of Treaties, rather than an interpretation of the acquis Communautaire  (Article 13 of Protocol 6).  WT/REG242/2 
 
- 17 - 
 
 Table 4.1 European Union, Bosnia and Herzego vina: Participation in other RTAs (notified 
and non-notified in force), as of 1 February 2016 
RTA Name Date of 
entry into 
force Coverage GATT/WTO Notification 
Year  WTO Provision 
EUROPEAN UNION 
EU - Ukraine 01-Jan-16 Goods & Services 2014 GATT Art. XXIV & GATS Art. V 
EU - Georgia 01-Sep-14 Goods & Services 2014 GATT Art. XXIV & GATS Art. V 
EU - Republic of Moldova 01-Sep-14 Goods & Services 2014 GATT Art. XXIV & GATS Art. V 
EU - Cameroon 04-Aug-14 Goods 2009 GATT Art. XXIV 
EU - Central America 01-Aug-13* Goods & Services 2013 GATT Art. XXIV & GATS Art. V 
EU - Colombia and Peru 01-Mar-13 Goods & Services 2013 GATT Art. XXIV & GATS Art. V 
EU - Eastern and Southern Africa States 
Interim EPA 14-May-12 Goods 2012 GATT Art. XXIV 
EU - Republic of Korea 01-Jul-11 Goods & Services 2011 GATT Art. XXIV & GATS Art. V 
EU - Serbia 01-Feb-10 
01-Sep-13 Goods  
Services 2010 
2013 GATT Art. XXIV  
GATS Art. V 
EU - Papua New Guinea / Fiji 20-Dec-0915 
28 Jul-14 Goods 2011 
2014 GATT Art. XXIV 
EU - Côte d'Ivoire 01-Jan-09 Goods 2008 GATT Art. XXIV 
EU - CARIFORUM States EPA 01-Nov-08 Goods & Services 2008 GATT Art. XXIV & GATS Art. V 
EU - Bosnia and Herzegovina 01-Jul-08 Goods 2008 GATT Art. XXIV 
EU - Montenegro 01-Jan-08 
01-May-10 Goods 
Services 2008 
2010 GATT Art. XXIV  
GATS Art. V 
EU - Albania 01-Dec-06 
01-Apr-09 Goods 
Services 2007 
2009 GATT Art. XXIV  
GATS Art. V 
EU - Algeria 01-Sep-05 Goods 2006 GATT Art. XXIV 
EU - Egypt 01-Jun-04 Goods 2004 GATT Art. XXIV 
EU - Lebanon 01-Mar-03 Goods 2003 GATT Art. XXIV 
EU - Chile 01-Feb-03 
01-Mar-05 Goods  
Services 2004 
2005 GATT Art. XXIV  
GATS Art. V 
EU - Jordan 01-May-02 Goods 2002 GATT Art. XXIV 
EU - San Marino 01-Apr-02 Goods 2010 GATT Art. XXIV 
EU - Former Yugoslav Republic of Macedonia 01-Jun-01 
01-Apr-04 Goods 
Services 2001
 
2009 GATT Art. XXIV  
GATS Art. V 
EU - Mexico 01-Jul-00 
01-Oct-00 Goods  
Services 2000 
2002 GATT Art. XXIV  
GATS Art. V 
EU - Israel 01-Jun-00 Goods 2000 GATT Art. XXIV 
EU - Morocco 01-Mar-00 Goods 2000 GATT Art. XXIV 
EU - South Africa 01-Jan-00 Goods 2000 GATT Art. XXIV 
EU - Tunisia 01-Mar-98 Goods 1999 GATT Art. XXIV 
EU - Palestinian Authority 01-Ju l-97 Goods 1997 GATT Art. XXIV 
EU - Faroe Islands 01-Jan-97 Goods 1997 GATT Art. XXIV 
EU - Turkey 01-Jan-96 Goods 1995 GATT Art. XXIV 
European Economic Area (EEA) 01-Jan-94 Services 1996 GATS Art. V 
EU - Andorra 01-Jul-91 Goods 1998 GATT Art. XXIV 
EU - Syria 01-Jul-77 Goods 1977 GATT Art. XXIV 
EU - Norway 01-Jul-73 Goods 1973 GATT Art. XXIV 
EU - Iceland 01-Apr-73 Goods 1972 GATT Art. XXIV 
EU - Switzerland - Liechtenstein 01-Jan-73 Goods 1972 GATT Art. XXIV 
EU – Overseas Countries and Territories 
(OCT) 01-Jan-71 Goods 1970 GATT Art. XXIV 
BOSNIA AND HERZEGOVINA 
EFTA - Bosnia and Herzegovina 01-Jan-15 Goods 2015 GATT Art. XXIV 
EU - Bosnia and Herzegovina 01-Jul-08 Goods 2008 GATT Art. XXIV 
Central European Fr ee Trade Agreement 
(CEFTA) 2006 01-May-07 Goods 2007 GATT Art. XXIV 
                                               
15 The Agreement's provisional application started on 20 December 2009 for Papua New Guinea and the 
European Union and on 28 July 2014 for Fiji and the European Union. WT/REG242/2 
 
- 18 - 
 
 
RTA Name Date of 
entry into 
force Coverage GATT/WTO Notification 
Year  WTO Provision 
Turkey - Bosnia and Herzegovina 01-Jul-03 Goods 2003 GATT Art. XXIV 
Bosnia and Herzegovina - Iran 30-Dec-09 Goods Not notified as none of the Parties is a 
WTO Member 
* The trade pillar of the Association Agreement has been provisionally applied since 1 August 2013 with 
Honduras, Nicaragua and Panama, since 1 October 2013 with Costa Rica and El Salvador, and since 
1 December 2013 with Guatemala. 
 The notifications made in February 2013 (see WT/R EG332/N/1 and S/C/N/680) stated that: "Provisional 
application of the Agreement by all signatory parties is  expected in the course of the second quarter 2013"; 
Further notifications to confirm a) the dates of entry into force between the EU and Central American countries and b) the current status of Croatia re garding this Agreement, are awaited. 
Source: WTO Secretariat. 
 
4.10  Other 
4.27.  Provisions on other issues, such as government procurement, including state monopolies; 
intellectual property rights; and competition policies are also contained in the Agreement. They 
have been addressed in the factual presentation on the goods' part of the Free Trade Agreement 
between the EU and Bosnia and Herzegovina, contained in WTO document WT/REG242/1.  
_________