. /.  Nº __________________ WORLD TRADE  
ORGANIZATION  G/SECRET/20/Add.5 
10 August 2006 
 
 (06-3844) 
 Original:   Spanish 
  
 
ARTICLE XXVIII:3 NEGOTIATIONS 
 
Notification by Costa Rica under Article XXVIII:3
 
 
Addendum  
 
  The following communication, dated 2 August 2006, is being circulated at the request of the delegation of Costa Rica.  
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   The European Communities, in document G/SECRET/20, of 19 January 2004, notified the World Trade Organization and its Members of its intention to modify the tariff concessions in 
Schedule XCII of the Czech Republic, Schedule CXLIV of the Republic of Estonia, Schedule CVII of 
the Republic of Cyprus, Schedule CXLIII of the Rep ublic of Latvia, Schedule CL of the Republic of 
Lithuania, Schedule LXXI of the Republic of H ungary, Schedule CXVII of the Republic of Malta, 
Schedule LXV of the Republic of Poland, Sc hedule XCVI of the Republic of Slovenia, 
Schedule XCIII of the Slovak Republic and Schedule  CXL of the European Communities of 15.  It 
also announced that, pending completion of the procedures under Article XXIV and Article XXVIII 
of the GATT 1994 and the establishment of a new Sc hedule valid for the European Communities of 
25, the commitments in the European Commun ities' Schedule CXL would be fully respected. 
  In connection with that notification by the European Communities, Costa Rica notified its 
intention to withdraw equivalent concessions unde r Article XXVIII:3 by means of a communication 
dated 28 June 2006.  That communication, whic h was circulated to Members in document 
G/SECRET/20/Add.2, stated on this subject that: 
  "Unless an agreement can be reached regardi ng compensation, in accordance with the rights 
and obligations set out in Article XXVIII:3 of the GATT 1994, Costa Rica will withdraw 
substantially equivalent tariff concessions on products of interest to the European 
Communities. 
  Consequently, Costa Rica hereby notifies Memb ers that it is withdrawing the concessions in 
Schedule LXXXV on the tariff items listed in the a ttachment to this notification.  Unless 
Costa Rica provides further notice to Members, the withdrawal of these concessions will take 
effect 30 days after the present notification to WTO Members." 
  The European Communities requested the Counc il for Trade in Goods, on four occasions, to 
extend the deadline for the withdrawal of substan tially equivalent concessi ons under Article XXVIII:3 
of the GATT 1994 (see G/L/695, G/L/695/Add.1/Re v.1, G/L/695/Add.2 and WT/GC/98).  These four 
requests were approved by the Council for Trade in  Goods and forwarded to the General Council for 
adoption (see WT/GC/M/88, WT/GC/M/94, WT /GC/M/96 and WT/GC/M/100).  The General G/SECRET/20/Add.5 
Page 2  
 
  Council duly agreed to extend the deadline for the withdrawal of concessions referred to in 
Article XXVIII:3 of the GATT 1994 from six m onths to 27 months (until 1 August 2006). 
  On 29 June 2006, the European Communities subm itted a fifth request for a further six-month 
extension in addition to the ones previously agreed (G/L/695/Add.3).  In so doing, it indicated that 
"the EC will not assert that WTO Members who have submitted a claim pursuant to Article XXIV:6 
of GATT 1994 are precluded from withdrawing s ubstantially equivalent concessions under 
Article XXVIII:3 of GATT 1994 because this withdrawal  occurs later than six months after the EC's 
withdrawal of concessions, provided that the claiming WTO Member withdraws concessions no later than 33 months after the EC's modification of  concessions."  The Council for Trade in Goods 
approved this new extension on 12 July 2006 a nd agreed that, as the matter came within its 
competence, it did not need to be subm itted to the General Council for approval. 
  In view of this further extension of the period established by GATT Article XXVIII:3 until 
1 February 2007, Costa Rica hereby notifies that it is suspending the entry into effect of the 
withdrawal of substantially e quivalent concessions described in document G/SECRET/20/Add.2, in 
order to continue negotiating adequate compen sation with the European Communities.  If no 
agreement is reached with the European Commun ities, Costa Rica will notify WTO Members of the 
new date of entry into effect of the withdrawal of substantially equivalent  concessions described in 
document G/SECRET/20/Add.2.  Finally, Costa Rica reserves all its rights in this matter, including the possibility of changing the products that would be subject to the modification or withdrawal of 
concessions. 
 
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