RESTRICTED  
  
S/WPDR/W/53  
 
5 November 2014  
(14-6453)  Page: 1/2  
Working Party on Domestic Regulation  
   
 
 - DRAFT – 
 
ANNUAL REPORT OF THE WORKING PARTY ON DOMESTIC REGULATION 
TO THE COUNCIL FOR TRAD E IN SERVICES (2014) 
 
Since its Annual Report of 2013 to the Council for Trade in Services1, the Working Party on 
Domestic Regulation (WPDR) has held four formal meetings, respectively on 28 October 2013, 
25 February 2014, 7 May 2014 and 17 September 2014.2 During the period covered by this report, 
the Working Party continued with its work on domestic regulation disciplines pursuant to GATS 
Article VI:4. Discussions were undertaken on three tracks: completion of the discussion of 
technical issues related to the draft disciplines based on questions from Members; examination of 
regulatory issues based on inputs from Members and the Secretariat; and the launch of the dedicated discussion of domestic regulation in Regional Trade Agreements (RTAs).   
1  TECHNICAL ISSUES 
1.1.  Members completed their review of the 93 technical questions contained in the "List of 
Potential Technical Issues Submitted for Discussion".
3 To facilitate any future follow-up work, the 
Chairman circulated a document compiling all the information and views exchanged by Members 
over the course of the work programme. Appended to the compilation were all the informal summaries which had been prepared according to specific themes, together with any additional 
information provided by Members on their licensin g and qualification regimes. In the discussions, 
Members sought to clarify the use of certain domestic regulation concepts and terms as they relate to their regulatory frameworks and practices. Cert ain Members also reflected on the implications of 
the information provided during the technical discussions for the development of horizontal 
domestic regulation disciplines. Upon the re quest of Members, during the course of the 
discussions, the Secretariat prepared 3 background  notes on (i) Measures of General Application;
 4 
(ii) Regulatory Issues in Sectors and Modes of Supply;5 and (iii) Technical Standards in Services. 6 
With the compilation provided by the Chairman, the discussions have helped to shed further light 
on how certain concepts, terms and disciplines under consideration in the negotiations might relate to, or impact on, regulatory practices at the national-level.   
2  REGULATORY ISSUES IN SECTORS AND MODES OF SUPPLY 
2.1.  In 2014, Members also completed their di scussions on regulatory issues with background 
information provided by the Secretariat Note "Regulatory Issues in Sectors and Modes of Supply".
7 
Members also specifically addressed the subj ect of development, and the Secretariat was 
requested to prepare a supplementary Note on "S ervices-related regulatory challenges faced by 
developing countries".8 In the discussions, Members exch anged views on their national 
experiences with regulatory reform and capacity bu ilding as well as the specific challenges faced 
by developing countries. Overviews of national re gulatory frameworks for specific sectors were 
                                               
1 S/WPDR/16, dated 29 October 2013. 
2 The reports of the form al meetings are contained in document s S/WPDR/M/59-62 and should be read 
in conjunction with this report. 
3 RD/SERV/68. 
4 S/WPDR/W/47. 
5 S/WPDR/W/48 and Add.1. 
6 S/WPDR/W/49. 
7 S/WPDR/W/48 and Add.1. 
8 S/WPDR/W/51. S/WPDR/W/53 
 
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  also provided by a number of Members. While the discussion was not intended to reach any 
particular conclusions, it was generally noted by Members to have been a useful exercise which had helped to shed further light on regulatory issues affecting services sectors as well as modes of supply.  
3  DEDICATED DISCUSSION ON DOMESTIC REGULATION IN REGIONAL TRADE 
AGREEMENTS 
3.1.  A dedicated discussion on Members' experi ences with domestic regulation disciplines in 
services regional trade agreements was conducte d in 2014. The purpose of the discussion was to 
give Members the opportunity to share details on  the different types of domestic regulation 
provisions that can be found in Regional Trade Agreements, as well as to draw any commonalities or differences with the disciplines negotiated under the GATS Article VI:4 mandate. Some 
Members also shared views on their experien ces with negotiating and implementing such 
disciplines. While still on-going, information has been presented on a wide range of RTAs. This 
information indicates that domestic regulation provisions in RTAs have generally been based upon 
existing GATS obligations and concepts, as well as the negotiating mandate contained in 
Article VI:4. In a number of cases, certain modifications and additional obligations have also been included at either the horizontal or sectoral-level. Since the dedicated discussion was not 
concluded in 2014, it would be expected to continue in 2015.  
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