. /.  WORLD TRADE  
ORGANIZATION  WT/REG1/9 
WT/REG2/8 8 August 2005 
 
(05-3534) 
Committee on Regional Trade Agreements Original:   English 
  
EUROPE AGREEMENT BETWEEN 
THE EUROPEAN COMMUNITIES AND BULGARIA, SERVICES; 
EUROPE AGREEMENT BETWEEN  
THE EUROPEAN COMMUNITIES AND ROMANIA, SERVICES 
 
Questions and Replies
 
 
 
 The following communication, dated 19 July 2005, is being circulated at the request of the Delegation of European Communities and the Pe rmanent Missions of Bulgaria and Romania. 
 
 This document reproduces the questions addressed  to the Parties and the responses submitted. 
The questions and replies set out below are orga nized in accordance with documents WT/REG1/7 and 
WT/REG2/6 respectively for the ser vices aspects of the Agreements. 
 
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I. BACKGROUND INFORMATION ON THE AGREEMENT 
2. Type of agreement 
At the November 2002 meeting of the CR TA, several delegations asked for more 
information on the liberalization that has taken pl ace since each Agreement came into effect in 
1995.  The EC replied that the process of liberaliz ation is taking place in parallel with the 
negotiations for membership in the EU expected in 2007.  This response is lacking transparency 
and specificity.  Could the parties please provide information on the specific actions undertaken 
by Bulgaria and Romania since th e agreements’ entry into force? 
Specific information of the liberalization that is taking place in parallel with the negotiations 
for membership in the EU expected in 20 07 is available in the following webpages: 
<http://europa.eu.int/scadplus/leg/en/lvb/e50011.htm> 
<http://europa.eu.int/scadplus/leg/en/lvb/e40101.htm> <http://europa.eu.int/sca dplus/leg/en/s40001.htm> 
<http://europa.eu.int/scadplus/leg/en/lvb/e40108.htm> <http://europa.eu.int/sca dplus/leg/en/s40008.htm> 
<http://europa.eu.int/comm/enlarg ement/report2001/index.htm> 
II. PROVISIONS AFFECTING TRADE IN SERVICES 
1. (a) Provisions in the Europe Agreement wh ich are relevant to the scope of the GATS: WT/REG1/9 
WT/REG2/8 Page 2 
 
 
 With respect to the approximation of laws de tailed in Article 70, the United States asked 
in what manner the parties to the agreement publish such laws.  The EC replied "The 
publication will be done in accordance with the pr ocedures existing in ea ch Contracting Party."  
Could the Parties please elaborate precisely what procedures are being employed? 
In the EC the legislative acts adopted by the European Communities must be published in the 
Official Journal of the European Communities. 
Under the Constitution of the Republic of Bulgaria  all legislative acts must be published in the 
State Gazette and come into force three days after the date of their promulgation, unless otherwise envisaged in the act. The publishing procedure is  defined in the Law for the Legislative Acts. 
In Romania publication of the all laws is done in  the "Official Gazette of Romania", which is 
also available in electronic format in Roma nian language, at the following web address:  
<http://domino2.kappa.ro/mj/superlex.nsf> 
IV. OTHER 
In response to US questions on how the parties defined the term "limited period of time" 
with respect to Articles 45 and 51 of the Agree ment, the EC replied "As it constitutes an 
exception, it is intended to be applied restrictiv ely."  Can the Parties kindly elaborate on the 
meaning of this response? 
This response translates the general principle according to which exceptions to general rules 
are to be interpreted restrictively. Therefore if there are exceptional circumstances that justify extending a measure, the extension should be no long er than necessary to deal  with those exceptional 
circumstances.  
 
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