RESTRICTED  WORLD TRADE  
ORGANIZATION  S/WPGR/M/63 
11 June 2009 
 (09-2813) 
Working Party on GATS Rules  
  
 
REPORT OF THE MEETING OF 30 MARCH 2009 
 
Note by the Secretariat
1 
  
1. The meeting was chaired by Ms. Jan Bailey from New Zealand.  The agenda for the meeting 
was contained in WTO/AIR/3342.  The Chairperson
 noted that as previously requested by the 
Working Party, the OECD had been invited to ma ke a presentation on export subsidies in services.  
She proposed that the Working Party begin with agenda item C on subsidies, followed by item A on emergency safeguard measures and then item B on g overnment procurement.  Apart from the OECD 
presentation, discussions on emergency safeguard m easures, government procurement and subsidies 
would, as on past occasions, be conducted in informal  mode.  She noted that any Member, should it so 
wish, might request that their intervention be reco rded in the minutes of the meeting.  She announced 
that the Secretariat Note on safeguard-type provi sions in economic integration agreements, as 
contained in S/WPGR/W/4/Add.2, had been circulated to Members.  To give delegations more time to 
consider the Note, she suggested that the item be ta ken up at the next meeting of the Working Party.  
2. The Chairperson
 reported on her informal consultations  on emergency safeguard measures, 
government procurement and subsidies.  In this regard, she recalled that the Working Party was 
mandated by the Hong Kong Ministerial Declaration to  "…intensify their efforts to conclude the 
negotiations on rule-making u nder GATS Articles X, XIII, and XV in accordance with their 
respective mandates and timelines".  From her c onsultations, while divergences remain, she sensed 
that there was some willingness to have further tech nical discussions to clarify issues related to the 
various proposals without prejudice to well known pos itions on their desirability or feasibility.  She 
highlighted her interest in hearing more views on future work in the WPGR  and asked the respective 
proponents to elaborate on the ideas that were raised during the consultations.  She also noted that, in 
accordance with the rules of proce dure, the new Chairperson would be  appointed at the end of the 
meeting.  The agenda was adopted .   
I. NEGOTIATIONS ON SUBSIDIES UNDER ARTICLE XV OF THE GATS 
3. The Chairperson  invited Mr. Massimo Geloso-Grosso from the OECD Trade Directorate to 
make his presentation.  
4. The representative of the OECD  noted that a copy of the export subsidies study had been 
circulated to Members in advance of the meeting.  He explained that the subject of subsidies in 
services was relatively under researched.  In the litera ture on the subject, export subsidies have been 
identified as meriting some attention but there have been few studies on their trade distortive effects.  
Moreover, private sector interest on these measures have so far been largely missing and progress in disciplining subsidies at a regional level remains li mited.  With the exception of the European Union 
disciplines, which were taken as part of its project of deep integration, and the Australia New Zealand 
                                                     
 
1 This document has been prepared under the Secret ariat's own responsibility and without prejudice to 
the positions of Members and to their rights and obligations under the WTO.  S/WPGR/M/63 
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  Closer Economic Agreements (ANCZERTA), subsidi es in services have largel y been excluded from 
regional trade agreements.   
5. In view of the limited availability of data, the study was essentially exploratory.  For 
analytical purposes, definitions drawn from the Ag reement of Subsidies and Countervailing Measures 
(ASCM) have been used.  He explained the parame ters of the research and noted that two specific 
cases had been included for examination, free trade zo nes and offshoring.  A number of main findings 
were mentioned.  Firstly, based on inform ation compiled in the WTO Secretariat Note 
(S/WPGR/W/25/Add.5) as well as from other sources, out of a total sample of 106 Members some 30 
per cent of them were found to use export subsidi es, including as part of free trade zones.  About 10 
per cent of Members reviewed were also found to  use incentives to promote services offshoring.  
Secondly, business services, which comprise a range of  heterogeneous activities, was the sector that 
most frequently received subsidies, followed by tran sport, tourism and financial services.  Thirdly, 
direct tax breaks (i.e. in the form of profit and corporate tax exemptions) was the main instrument 
used followed by exemptions from indirect taxes (i.e. such as value added tax), and import duty 
incentives on inputs for export production.  It was no ted that only a few countries use direct financial 
contributions in the form of grants or favourab le loans.  Where such support was provided, the 
incentives were often linked to the promotional expenses incurred by domestic firms in the 
international market.  Fourthly, it was noted th at for a number of sectors, such as tourism, 
construction, health, offshore banki ng and finance, the subsidy was e xplicitly contingent on some sort 
of export performance.  An explanation was give n of the various subsidy measures as identified and 
described in the OECD study.   
6. In concluding his presentation, a few key issu es were highlighted by the representative from 
the OECD
 for further consideration.  Firstly, there wa s evidence that exports subsidies in services are 
used by both developed and developing countries for the promotion of certain sectors, especially 
offshoring activities.  Secondly, the concept of "export contingency" as used in the ASCM would 
appear to be relevant for services as many of the subsidy programmes reviewed were linked to 
exports.  Thirdly, the illustrative list of export subsidies contained in the ASCM would also be 
relevant for services.  Fourthly, most export subs idy programmes covered modes 1 and 2.  Instances 
of export support to modes 3 and 4 we re limited.  Fourthly, the exis ting evidence show that subsidies 
are often linked to free trade zones and services offshoring and both these cases may therefore justify further attention in the services field.   
7. The representative of Switzerland
 noted that the presentation by the OECD demonstrated that 
it was possible to collect information on subsidies, especially on export subsidies.  He noted that the 
definition of subsidies contained in the ASCM coul d serve as a provisional working definition for the 
information exchange mandated in Article XV, a nd urged delegations to further the discussion on 
disciplines that may be necessary to counter th e trade distortive effects of subsidies. 
8. The representative of Hong Kong, China  agreed with Switzerland that the ASCM can serve as 
a possible reference for further deliberation on the possi ble definition of subsidies.  She referred to the 
document JOB(07)/27, in which the ASCM had been  used as the basis for a working definition of 
subsidies to facilitate information exchange.  Sh e welcomed the work by the OECD and underscored 
the usefulness of having sector-based examples of subs idies in services.  She recalled past efforts by 
the Working Party to facilitate information exch ange, including the Secretariat background notes on 
subsidies identified in Trade Policy Review reports2.  In her view, the current global financial crisis 
may give rise to even more examples of subsid ies in services and she asked  the representative from 
the OECD if there would be a future revision of their study.  She was also interested in any views that 
the OECD may have on how the subject of subsid ies could be pursued by the Working Party.  
                                                      
2 See S/WPGR/W/25 and S/WPGR/W/25.Add 1 to 5.   S/WPGR/M/63 
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  9. The representative of the OECD  clarified that they do not currently have plans to do further 
work in this area.  From the point of view of the OE CD Secretariat, a logical next step in the analysis 
would be to assess the trade impact of such subsid ies.  He stressed that this vital element was 
currently missing.  The OECD study only provid ed an initial description of the trends and 
characteristics of export subsidies in services.  He underlined that assessing the impact of subsidies is, 
however, a complex undertaking.  Direct measurement  is problematic because of the absence of data 
on services flows.  Moreover, only a few services rest rictions lend themselves to quantification.  A 
common approach used in economic impact assessment studies is to use an  indirect measure such as 
an index.  Under this method, a subsidy measure woul d be included as a type of restriction.  Through 
econometric analysis, the index could be used to m easure the impact on trade.  In this regard, he 
informed delegations that the OECD currently has an on-going project on developing a Services 
Trade Restrictiveness Index.  In this work, considera tion could be given to the inclusion of subsidies, 
particularly export subsidies, in sect ors where this would be relevant.  
10. The representative of China  expressed appreciation for the OECD study.  He felt that it 
contained considerable informa tion on subsidies in services, wh ich could facilitate the Working 
Party's discussion of this subject.  He noted that in  paragraph 44 of the OECD study it was stated that 
almost 30 per cent of Members covered in the WTO Secretariat Note (S/WPGR/W/25/Add.5) had 
used export subsidies in certain service sectors.  He  highlighted that in reality, some subsidies may, 
however, be directed at achieving other policy objectives.  For example, a preferential income tax could be granted for the production and distribution of  films, and sound recording, so as to strengthen 
the supply capacity of the domestic industry.  He questioned whether such a measure could be 
considered to be an export subsidy.  He also high lighted that in paragraph 72 of the OECD study, it 
was indicated that modes 1 and 2, are perhaps the most relevant for identifying export subsidies.  
However, he believed that as information on mode 3 was insufficient, it would be hard to say which 
modes are more relevant.  Mode 3 accounts for the major proportion of world trade in services, and in 
the view of his delegation, subsidies granted unde r this mode should be reviewed in the future.  
11. The representative of Brazil
 highlighted that the OECD study identified export subsidies but 
did not deal with their economic impact on servi ces exports.  He asked if the OECD envisaged 
undertaking any comparative analysis on trade performances vis-à-vis  subsidy programmes.  He also 
shared the concern of China on how to assess subsid ies that are not targeted at enhancing export 
performance but are aimed at achieving public policy  objectives.  He noted that it was well known 
that subsidies have a role in supporting the univer sal access of basic services, especially to the poorest 
segments of the population.  These subsidies could, however, also have an impact on trade 
performance.  He gave the example of the use of fi bre optics in a  telecomm unications network.  On 
the one hand, this would support the objective of uni versal access by enhancing internet connection, 
on the other, it would boost the e xport of computer-related services.  It was not clear how such 
overlaps should be treated.  He was concerned with  the idea of using the OECD's broad programme of 
research on a Services Trade Restrictiveness Index to  study subsidies.  He noted that when the 
programme was discussed at the OECD, a number of methodological problems had arisen on how to 
measure trade barriers in services.  He asked for furt her information on what approach would be given 
to subsidies in the context of that study. 
12. The representative of Pakistan expressed his appreciation for the presentation by the OECD 
on subsidies and on the Secretariat Note containe d in document S/WPGR/W/4/Add.2.  He noted the 
difficulties with defining subsides in services, especially in terms of modes 2, 3 and 4.   
13. The representative of India  stressed the importance of starting serious discussions on subsidy 
disciplines, commencing with the mandated information exchange.  In this connection, he agreed with 
Hong Kong, China that further work on subsidies was required.   S/WPGR/M/63 
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  14. The representative of the OECD
, in response to the comments received, stressed that export 
subsidies are measures explicitly aimed at boosting export performance.  In his view, instances where 
this type of subsidy would also  serve public policy objectives were marginal.  In some instances, 
tourism infrastructure might benefit both exports and the local community, but he thought that such cases are exceptional.  On the question of modes of supply, he stressed that the study had relied on the 
best secondary information available.  The measures identified in the study should therefore be seen 
as a sample of the subsidies granted rather than providing a representative picture.  The study had 
found only a few situations where export subsidies we re directed at modes 3 and 4.  One such case 
was in the construction sector where the subsid y was granted on the income received from 
construction projects executed abroad.  Since the construction would need to take place outside the 
country, the preferred mode of supply would be mode  3. Most of the programmes reviewed targeted 
modes 1 and 2.  He noted that should information be available it could be possible to undertake a more direct analysis of economic impact but this was not currently the case.  He clarified that the OECD work on the Services Trade Restrictiveness I ndex does not include export subsidies per se.  
The study only considers discriminatory subsidies.  In terms of methodological issues, he noted there 
had been many discussions at the OECD on possible limitations and difficulties.  He assured 
delegations that the OECD is aware of the diffi culties posed by the data and many robustness checks 
are being taken.  Every effort was also being ma de to use the best  information available.  
15. The Chairperson
 thanked the representative from the OE CD.  She noted that the presentation 
on export subsidies had underscored that the AS CM could be used as the basis for a working 
definition of subsidies.  She also noted that the questions posed at the end of presentation might be 
usefully taken up in further consultations or discu ssions amongst Members.  In particular, she referred 
to the need for further reflection on the possible trade impact of subsidies, as well as on the overlap 
between subsidies used for public policy reasons  and specific trade objectives.  She reminded 
Members of the negotiating mandate contained in Ar ticle XV which called for information exchange 
on subsidies for the purpose of the negotiations.  Give n the current economic climate, she stressed that 
the need for such an exchange may be even more pressing than ever. 
16. Discussions continued in informal mode .  
17. The Chairperson  invited the Working Party to take note of comments made.  
II. NEGOTIATIONS ON EMERGENCY SAFEGUARD MEASURES UNDER 
ARTICLE X OF THE GATS   
18. The Chairperson  recalled that at the previous meeting of the Working Party, the delegations 
of Brunei Darussalam, Cambodia, Indonesia, Mala ysia, Myanmar, the Philippines, Thailand and 
Vietnam had re-introduced their proposal on emer gency safeguard measures (ESM) as contained in 
JOB (07)/155.  She noted that during the informal  consultations which followed, some additional  
ideas were submitted.  She informed delegations th at ASEAN (less Singapore) had just circulated a 
room document dated 30 March 2009 on the way forwar d in the ESM discussions.  She invited the co-
sponsors of the room document to introduce the paper.  
19. The representative of the Philippines  speaking on behalf of Brunei Darussalam, Indonesia, 
Malaysia, Myanmar, the Philippines, Thailand and Viet Nam, recalled the mandate of the Hong Kong 
Ministerial Declaration which called for more focu sed discussions in connection with technical and 
procedural questions relating to an ESM in services.  The room document was submitted as an 
additional basis for discussion.  In this regard, he  highlighted that the Working Party already  had a 
number of substantive proposals on ESM, the most recent being  JOB(07)/155.  The room document 
did not contain new elements but provides backgr ound as well as suggestions for further discussion.  
He stressed that neither the issues nor options c ontained in the room document are exhaustive.  He  S/WPGR/M/63 
 Page 5 
 
 
  noted that the document had been organised accord ing to the main themes arising from the ESM 
discussion over the years.   
20. First, on the issue of desirability and feasibility , he noted that this remained an important 
threshold issue in the negotiations for emergency safeguards.  He underlined that some ideas had 
arisen from their informal consultations, as well as  from delegations who have been interested and 
active in the ESM debate.  As thes e ideas are still at the incipient stage, the proponents were not yet 
ready to bring them to the Working Party for furt her discussion.  He noted that many Members have 
argued that an ESM in services is not feasible.  However, for the proponents this did not negate the need for such an instrument and called instead fo r more creativity and cooperation on the part of 
Members.  He stressed that for this reason, the current proposal only provides for rules on the 
establishment of  an ESM mechanism.  The idea wa s not to propose a "one-size fits all" mechanism 
but to give flexibility and discretion to Members.   JOB(07)/155 only contained a general grant of 
permission to Members that may wish to apply an ESM.  The parameters are general and leave some space for adaptation.  He underscored that the pr oponents look forward to working with Members on 
their new ideas and to making an ESM in services more desirable and "acceptable" to the whole 
membership.   
21. Second, on ESM and trade liberalization
, he stressed that services is a major component in 
almost all ASEAN economies and therefore the gr oup shared the common concern of preserving the 
legal certainty and predictability of GATS commitm ents.  However, for the proponents there needed 
to be balance between protection in the event of em ergencies and the risk of regulatory capture.  In 
this connection, he pointed out that some safegua rd provisions can be found in economic integration 
agreements, as outlined in the S ecretariat Note contained in document S/WPGR/W/4/Add.2.  He 
noted that in JOB(07)/155, the market conditions that can justify the use of an ESM had been 
enumerated. Moreover, he underscored that the prop osal required that any safeguard measure "shall 
be in the public interest".  He believed that th e proposal provided a basis for moving forward on an 
ESM mechanism that would preserve the legal certainty of Members’ obligations and at the same time 
provide some form of emergency protection.  He also encouraged Members that have some 
experience with safeguards in economic integrati on agreements to share their best practices and 
experiences with the Working Party.    
22. Third, on the issue of ESM and GATS flexibilities , he referred to paragr aphs 17 and 18 of the 
room document.  The ESM negotiating mandate cont ained in Article X, was approved by Members 
together with all the other GAT S provisions and reflected a deli cate balance achieved during the 
Uruguay Round.  As such, the proponents did no t see why the flexibility of the certain GATS 
provisions would negate the need for ESM.   
23. Fourth, he noted that some Members have pr oposed that the policy objectives of ESM might 
be better addressed by institutionalizing an e ffective and comprehensive competition policy .  For the 
proponents, competition policy has a different po licy objective from emergency safeguards.  He 
underscored that while competition policy might ade quately protect the systemic integrity of a 
particular sector, ESM addresses significantly differe nt concerns.  He highlighted that competition 
policy primarily deals with the market behaviour of enterprises.  ESM, on the other hand, calls for the 
temporary suspension of commitments to deal with  injurious surges in the supply of services.   
24. Fifth, on ESM and proposed market conditions , a number of issues have been raised in the 
room document.  He reiterated that these include the issue of causality, the definition of domestic 
industry and the market conditions that would just ify the use of a safeguard.  He noted that the 
proposal had been criticized for not providing a cl ear definition of domestic industry.  However, 
during the ESM discussions, it had emerged that Members, in accordance with their national legislation, define the term "dom estic industry" differently.  For this reason, the proponents have 
decided to leave the definition of domestic industry to the discretion of Members.  Nevertheless, for S/WPGR/M/63 
Page 6  
 
  increased transparency and certain ty, once the safeguard mechanism was agreed, each Member must 
notify the Council for Trade in Services of its national definition or characterization of what constitutes, under its laws, "domestic industry".  He  highlighted that this proposal remains on the 
table.  On market conditions, he noted that since ESM is intended to address emergency and 
unforeseen circumstances, it was difficult to fully pr e-define and determine the situations justifying 
the use of a safeguard.  Therefore, in JOB(07)/155, the invoking Member has the burden of 
demonstrating how market conditions justify the u se of an ESM.  In the event of a dispute, the 
proponents believed that it would ultimately be best  left to WTO panels and the Appellate Body to 
adjudicate on a case by case basis.  On causality, he  noted that the issue was already addressed in 
JOB(07)/155 but they remained willing to listen to an y suggestions from other Members.  In terms of 
the way forward, the incoming Chairperson may wish  to hold dedicated informal consultations on 
attachment A of JOB(07)/155, with a view to agreeing on some possible definition of domestic 
industry.  On the list of market c onditions, he noted that th e concerns and issues raised by Members at 
the Working Party would be addressed in the next revision of the ESM proposal.   
25. Sixth, he recalled that a lack of good unified and harmonized statistics or data on trade in 
services  had often been invoked as a problem in past di scussions.  In this regard, he requested the 
Chairperson to immediately conduct consultations with Members and the Secretariat on the possibility 
of inviting resource persons from other international organizations with expertise on services statistics 
to explain the subject to the Working Party.  The proponents believed that this would not only serve to 
better inform the ESM discussion, but could also be  an important contribution to capacity building 
among services negotiators, particularly those from developing countries.  He noted that in the 
presentation by the representative from the OECD, it had been mentioned that some significant 
progress had been made on services statistics.   
26. Seventh, on the issue of a limited window , he underscored that the proponents were aware of 
its sensitivity for a number of Members.  He highli ghted that the issue is being discussed within the 
group of proponents, as well as with those Member s who have expressed interest and views on the 
principle of a limited window.  
27. Eighth, it was noted that some Members have raised queries on the relationship between ESM 
and bilateral investment treaties .  The proponents will continue to examine the potential GATS 
implications of bilateral investment treaties and vi ce versa.  He urged Members with specific concerns 
to provide them in writing so that they would be in a better position to provide a response to this question.   
28. Ninth, he underscored that special and differential treatment
 (S&D) had been accorded 
priority in the ESM proposal.  He reaffirmed the importance of S&D and drew Members' attention to 
paragraphs 12 to 14 of JOB(07)/155.  He also noted that it would be n ecessary to address the specific 
concerns of least-developed countries (LDCs) and recently acceded Members, particularly those who 
have already made very substantial market acces s commitments.  The proponents therefore remained 
open to any S&D proposals that other Members might want to contribute to the GATS rules 
negotiations, and are willing to work closely w ith other developing countries and LDCs on this 
subject.  On behalf of the ASEAN group, he express ed their appreciation to the Chairperson for her 
efforts in engaging the membership through informal  consultations, and looked forward to further 
discussions under the new Chair.  
29. The representative of Malaysia  speaking on behalf of Brunei Darussalam, Indonesia, 
Malaysia, Myanmar, the Philippines, Thailand a nd Viet Nam, expressed appreciation for the 
Secretariat Note on safeguard type provisions in economic integration agreements as contained in 
document S/WPGR/W/4/Add.2.  She noted that the con cept of "safeguards" had been used for almost 
two decades.  In this regard, she hi ghlighted that the possibility to ta ke remedial measures in the event 
of injury to the domestic industry, as found in some  economic integration agreements, was the type of  S/WPGR/M/63 
 Page 7 
 
 
  mechanism that proponents sought.  She believed that the existence of such safeguard provisions gave 
proof of its desirability and work should now be focused on making an ESM feasible.  She noted that, as highlighted by the Philippines, meticulous atten tion is required in developing such a mechanism.  
She underscored that the proponents are, therefore, open and willing to continue working with other 
Members to achieve an ESM that is both desirable and feasible for all.  
30. The representative of Cambodia
 expressed the support of his delegation for the statement by 
the Philippines.  He underscored that Cambodia as a co-sponsor of JOB(07)/155, in principle, 
supported the room document introduced by the Philippines.  He noted that he was awaiting 
instructions from his capital to co-sponsor this document..  
31. Discussions continued in informal mode .  
32. The Chairperson invited the Working Party to take note of comments made.  
III. NEGOTIATIONS ON GOVERNMENT PROCUREMENT UNDER ARTICLE XIII 
OF THE GATS 
33. The Chairperson  noted that during her informal consulta tions, delegations decided to set aside 
discussions on the scope of the negotiating manda te on government procurement and had discussed 
technical aspects of the proposal from the European Communities (EC), as contained in 
S/WPGR/W/54.  She would like to hear from delegations  if they would be agreeable to continue with 
this informal mode of "technical discussions". 
34. The representative of the EC  noted that the informal consultations conducted by the 
Chairperson had allowed for substantive discussions  on the subject.  Furthermore, it provided the 
opportunity for further clarification on the relations hip between the EC proposal and the plurilateral 
Government Procurement Agreement (G PA).  He underscored that in the view of his delegation, this 
subject is gaining importance in light of the current  economic climate.  Public  sector expenditure has 
been increasing, particularly in services, and the gover nment is more than ever an important entity in 
services trade.  He reminded delegations that the EC had tabled five contribu tions on the subject of 
government procurement in services, includi ng a proposed GATS Annex on Government 
Procurement (S/WPGR/W/54).  He recalled three main features of the proposal.  Firstly, each WTO 
Member would be able to choose the sectors to  undertake market access and national treatment 
commitments for government procurement, as well  as the relevant entities and threshold levels.  
Secondly, for sectors and thresholds selected by Members a series of procedural rules would apply.  Thirdly, the proposal provides for S&D treatment for developing countries.   
35. Referring to the informal consultations, he recalle d that a number of points had been raised, in 
particular on the relationship between the GPA and th eir proposal.  On coverage, he clarified that the 
GPA covers procurement for both goods and servic es, while the Annex proposed by the EC would 
only cover government procurement in services.  In terms of the main provisions, he noted that the 
GPA contained important transparency and procedural  rules.  In the EC proposal, these rules would 
apply only to committed sectors and entities.  In term s of the nature of the rules, these cover: national 
treatment; publication of information on public tender s, deadlines and decisions; the use of simplified 
procedures; the treatment of tenders; special and di fferential treatment for developing countries; and 
dispute settlement and appeals.  He underscored that  these provisions have been limited to what the 
EC considered to be strictly necessary and have been  simplified so as to ensure that that they can be 
acceptable on a multilateral basis, and be realistic fo r Members with very different circumstances.  He 
addressed the question of whether plurilateral comm itments taken in the GPA would be affected by 
commitments taken at multilateral level on the basis of the EC proposal.  In this connection, he noted 
that the EC had suggested including an MFN clau se that would provide an exception to the more 
favourable treatment granted between the parties of  the GPA.  Thus, the more favourable treatment S/WPGR/M/63 
Page 8  
 
  granted under the GPA would not be extended mul tilaterally to WTO Members.  The GPA rules 
would therefore continue to apply only between existing parties, as well as any future parties under 
that agreement.  He noted that this situation w as relatively similar to how preferences granted under 
economic integration agreements are treated under the WTO.     
36. He further noted that the proposed procedural ru les have been drafted to ensure compatibility 
with the GPA.  If a Members currently complies with  the GPA, it will automatically also comply with 
the rules proposed in the Annex.  It was stressed  that the GPA and the proposed Annex are thus not 
only compatible but complementary.  He recalled th at the Annex was presented back in 2006 and that 
the EC was more than ready to discuss any aspect of the text with Member s, as it remained fully 
committed to its proposal.  On the Secretaria t Note on government procurement in economic 
integration agreements (S/WPGR/W/49), he noted that had been very useful as it provided a 
comprehensive overview of governme nt procurement provisions.  He  looked forward to the updated 
note as there have been many new agreements since 2004.  If possible, the Secretariat may also want 
to consider adding some analysis not only of th e rules governing government procurement but also of 
the degree of market opening obtained through these ag reements.  He thanked the Chairperson for her 
work and looked forward to carrying di scussions forward with her successor.  
37. Discussions continued in informal mode
.  
38. The representative of the Secretariat  noted that S/WPGR/W/49 was being updated and that it 
would look into the extent that it would be possible to supplement that work with an analysis of government procurement commitments  taken in economic integration agreements.  The representative 
of the EC
 clarified that it was not seeking a comprehensive review of all commitments taken but some 
description of the sectors and procuring entities, as well the applicable thresholds.  He added, 
however, that it may not be feasible or useful to dr aw up a list of all commitments and that the main 
purpose should be to complement the review of  the rules with some market access elements. 
39. The Chairperson invited the Working Party to take note of comments made.  
IV. DATE OF NEXT MEETING 
40. The Chairperson  suggested that the next formal meeting be held during the next cluster of 
services meetings, subject to the usual consultations.    
V. OTHER BUSINESS 
41. No items were raised under this agenda item.   
VI. APPOINTMENT OF CHAIRPERSON  
42. The Working Party elected Mr. Felipe Lopea ndia from Chile, as its new Chairperson by 
acclamation.  Members expressed their deep apprecia tion for the considerable efforts by the outgoing 
Chairperson, Ms. Jan Bailey of New Zealand, to engage Members and to further discussion on the three GATS Rules areas of emergency safeguard measu res, government procurement and subsidies.    
 
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