G/L/1385/Add.2  
 
31 May 2022 
(22-4099) 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 30 May 2022, 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/Add.1.2 
 
In that communication, the European Union extended the timelines of Article  XXVIII:3 of GATT  1994 
by another six  months or by twelve  months in total, i.e. until 1  July 2022, without prejudice to the 
question of whether there are any rights to withdraw conc essions pursuant to Article  XXVIII:3(a) 
and (b). The European Union's Communication on the preceding, first  extension by six  months had 
outlined the established practice in relation to such extensions.3 The last extension until 1  July 2022 
was discussed a t the meeting of the Council for Trade in Goods of 1 –2 November  2021.4 
 
Considering that the conclusion of the ongoing negotiations and consultations should not be impeded 
by the six -month timelines of Article  XXVIII:3(a) and (b), in the event that, for s ubstantive or 
procedural reasons 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 July 2022, the European Union believes that it i s desirable to further extend the timelines of 
Article  XXVIII:3 of GATT  1994 by six  months, i.e. until 1  January  2023, without prejudice to the 
question of whether there are any rights to withdraw concessions pursuant to Article  XXVIII:3(a) 
and (b).  
 
Accor dingly, the European Union wishes 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 o f GATT  1994 because this 
withdrawal occurs later than six  months after the EU's modification of its concessions, which 
 
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/Add.1, dated 20  October  2021, titled Article  XXVIII:5  Negotiations: 
Withdrawal of the United Kingdom fr om the European Union – Communication from the European Union – 
Addendum (G/L/1385/Add.1).  
3 Cf. WTO document  G/L/1385, dated 19  March  2021, titled WITHDRAWAL OF THE UNITED KINGDOM 
FROM THE EUROPEAN UNION: PROCEDURES UNDER ARTICLE  XXVIII:3 OF THE GATT  1994 – COMMUNICATION 
FROM THE EUROPEAN UNION (G/L/1385).  
4 Council for Trade in Goods, Minutes of the Meeting of 1 -2 November  2021, G/C/M/141, 
28 February  2022, para.  7.7. G/L/1385/Add.2  
 
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  occurred on 1  January  2021, provided that the WTO  Member in question withdraws concessions no 
later than 24  months after the EU's modific ation of concessions. On this basis, 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.  
 
The European Union proposes that the Council for Trade in Goods at its next meeting takes note of 
this communication and of the extension of the deadline as indicated in this communication, until 
1 January  2023.  
 
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