WT/COMTD/W/238  
 
10 September 2018  
(18-5585) Page: 1/3 
Committee on Trade and Development  Original: English  
 
 COMMUNICATION FROM A RGENTINA, BRAZIL, CH ILE, MEXICO, PARAGUA Y AND 
URUGUAY IN REPLY TO THE DOCUMENT WT/COMT D/W/232  
 
The following communication was received on 4 September 2018 for circulation to WTO 
Members .  
 
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The delegations of Argentina, Brazil, Chile, Mexico, Paraguay and Uruguay jointly submit the 
replies to the questions of the delegation of the United States, as contained in document  
WT/COMTD/W/232 . 
 
1.1.  Can the Parties clearly explain what they were intending to notify with document 
WT/COMTD/N/53, the RTAs referenced or subsequent modifications to referenced 
RTAs? If the intention was to notify subsequent modifications to previously concluded 
RTAs, then the underlying RTAs must first be notified. For example, N /53 references 
Protocol 77 to AAP.CE 2, but AAP.CE 2 has never been notified.  
The underlying RTA, the 1980 Treaty of Montevideo  (TM80 ), was notified to the GATT Secretariat 
as a regional trade agreement (RTA), under the Enabling Clause, on 1 July 1982 (L/5 342).  
Document WT/COMTD/N/53 contains notifications of modifications made in 2016 to Partial Scope 
Agreements  under the TM80 . Partial  Scope Agreements concluded in framework of LAIA between 
their member countries are included in the mechanisms provided for  in Article s 4 and 7 of the 
TM80, which seek to make viable the achievement of these countries' long -term objectives. The 
definition of Partial Scope Agreements can be found in  document  WT/COMTD/W/224. These 
mechanisms are legal instruments that affect the  implementation of an RTA or the operation of an 
RTA already implemented as established in Section D ("Subsequent Notification and Reporting") of 
the 2006 Transparency Mechanism. Both Partial Scope Agreements and their subsequent 
modifications (protocols) were concluded under the TM80.  
The “List of agreements included in reports to the WTO on instruments concluded under the 1980 
Treaty of Montevideo” (TM80) annexed to the Note ALADI/CR 001/16 and circulated as a 
documen t (WT/COMTD/W/217 – WT/REG/W/105) covers all the agreements concluded within the 
framework of LAIA, including AAP.CE 2.  
1.2.  Document WT/COMTD/N/53 has been circulated as a single notification, however 
the cover note clearly states "annexed hereto are sixteen (16) individual notifications, 
one for each of the agreements concluded…”, can the Parties explain why the sixteen 
individual notifications were circulated as a single notification in direct contradiction to 
the cover note?  
There is no contradiction betwee n the cover note and the individual notifications. Document 
WT/COMTD/N/53 is a consolidation of individual notifications regarding modifications to Partial 
Scope Agreements signed under the TM80.  Despite the information submitted to the WTO, the way 
notifications are formally circulated is a WTO Secretariat’s decision.  
 
In 2016, there were 16 new modifications to the TM80, concerning five individual  Partial Scope 
Agreements. In order to clearly identify these arrangements, LAIA member  countrie s notified eac h WT/COMTD/W/238  
 
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  of these modifications in the format of the common model for notifications (WT/COMTD/63) and 
sent them all together to the Central Registry of Notifications of the WTO.  
As stated in document WT/COMTD/W/217, the notifications submitted by LAIA members countries 
are used to meet their notification obligations in respect of instruments concluded under the 
Enabling Clause (paragraph 4(a)), in accordance with sections D to G of the “Transparency 
Mechanism for Regional Trade Agreements”, as adopted by the Decis ion of 14 December 2006 .  
It should be noted that in spite that document WT/COMTD/N/53 is a consolidation of individual 
notifications regarding modifications to Partial Scope Agreements signed under the TM80 during 
the year 2016, LAIA Members acted in thei r individual capacity regarding the content of each one 
of the 16 templates. Document WT/COMTD/N/53 reflects the collective intention of LAIA members 
to facilitate WTO Members to understand the modifications made by those LAIA members of the 
LAIA instrumen ts that fall within the scope of TM80 and the enabling clause that occurred during 
2016.  
1.3.  The table on page 2 of the notification indicates that of the sixteen "individual 
notifications" there are only five separate agreements, and not every submitting 
Memb er is a party to every agreement, can the Parties please explain why these five 
agreements were grouped into one notification?  
The 16 individual notifications refer to modifications of five Partial Scope Agreements concluded 
under the TM80 and, as mentione d before, despite the information submitted to the WTO, the way 
notifications are formally circulated is a WTO Secretariat’s decision.  
1.4.  It appears that the basis for including 16 instruments in one submission was the 
time period under which they were conclu ded, rather than any other feature related to 
the agreements themselves (such as common signatories, or relationship to previously 
concluded agreements), could the Parties explain why they chose to notify a year’s 
worth of separate agreements under one not ification? The Parties may wish to recall 
that Paragraph 14 of the Transparency Mechanism states that the required notification 
"shall take place as soon as possible after the changes occur".  
As mentioned before, the common feature of these 16 individual n otifications is the fact that they 
all refer to modifications of Partial Scope Agreements concluded under TM80  in 2016 .  Moreover, 
LAIA member countries  agreed to notify  every year the modifications of the TM80 occurred within 
this one year period, in accordance with sections D to G of the “Transparency Mechanism for 
Regional Trade Agreements”, as adopted by the Decision of 14 December  2006, thus complying 
with Paragraph 14 of the Transparency Mechanism.  
1.5.  From the chart on page 2 of the document it appears that of the sixteen 
agreements referenced in the document, there are five actual RTA agreements in total. 
The MERCOSUR Agreement AAP.CE 18 was modified 11 times during t he one year period 
covered in the document; The Mercosur agreement was previously notified to the WTO. 
Mercosur -Chile was modified twice during the time period referred to, the other three 
agreements were modified only once. It does not appear that the oth er four agreements 
have ever been notified to the WTO. Can the Parties explain why WTO Members are 
presented with one document number that refers to a variety of instruments that do not 
include the same sets of parties and that include references to previo usly notified and 
non-notified agreements?  
The “List of agreements included in reports to the WTO on instruments concluded under the 1980 
Treaty of Montevideo” (TM80) annexed to the Note ALADI/CR 001/16 and circulated as a 
document (WT/COMTD/W/217 – WT/REG/W/105) covers all the agreements concluded within the 
framework of LAIA, including the five agreements mentioned in Document WT/COMTD/N/53.  
For further details referring to the differences on the sets of parties notifying each legal 
instrument, all of whom are LAIA member countries, please see document WT/COMTD/W/224 . 
1.6 With respect to the instruments concluded under the Mercosur Agreement, 
(AAP.CE.18), can the submitting Members explain why these documents WT/COMTD/W/238  
 
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  (AAP.CE.116 -126) were not submitted in a way that links them to the existing 
documentation relating to the Mercosur Agreement? Documents related to Mercosur are 
found in the series WT/COMTD/1 and WT/REG238.  
The instruments concluded under MERCOSUR, as contained in document WT/COMTD/N/53, are 
clearly linked to AAP.CE.18 and, as a result, to the existing documentation related to MERCOSUR .  
1.7 With respect to the information provided for Brazil -Uruguay on page 3 of the 
document, the data element for entry into force is noted as pending. Do the parti es 
intend to submit a notification upon entry into force of this agreement?  
The text of paragraph 14 of the Transparency Mechanism does not define the words “changes 
occur”. In particular, they do not distinguish between the signature of the modifications and their 
entry into force. The words “as soon as possible” are not defined either. Accordingly, LAIA member  
countrie s decided to proceed by notifying the changes in an annual basis after they were agreed 
and signed and not after their entry into force.  
1.8 The agreement  identified as AAP.CE 18.116 on page 5 of the notification a lso lacks 
an entry into force date. Can the Parties explain the status of this agreement? How will 
Members be made aware of the entry into force date once that is known?  
The data of the entry into force of these agreements were not included because when th eir 
respective  notification was made they had not yet entered into force . The information regarding 
entry into force will be available on LAIA´s web site, through the link found in line 8 of the 
notification template.  
1.9 Additionally, can the Parties expl ain the meaning of the phrase "without prejudice to 
notifications submitted individually by LAIA members" in this paragraph? Do the Parties 
consider this notification to be provisional? Do the Parties intend to submit other 
notifications regarding these ag reements? The cover note describes these as 
"individual" so what other situation is intended to be covered by the without prejudice 
caveat included in the cover note?     
These notifications are not provisional and the Parties do not need to submit other no tifications 
regarding these agreements  as previously notified in  document WT/COMTD/N/53 . The phrase 
“without prejudice to notifications submitted individually by LAIA members” refer s to any other 
additional notifications that a LAIA member country may submit to the CTD or the CRTA , in order 
to meet its commitments on transparency and depending on the substantive characteristics of the 
notified agreement.  
 
 
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