RESTRICTED  WORLD TRADE  
ORGANIZATION  S/C/M/79/Add.1 
16 February 2007 
 
 (07-0630) 
Council for Trade in Services  
  
 
REPORT OF THE MEETING HELD ON 24 JUNE 2005 
 
Note by the Secretariat
1 
 
Addendum  
 
 
As agreed at the meeting of the Council for Trade in Services held on 26 November 2004 
(S/C/M/75), the statements relating to the modification or renegotiation of specific commitments pursuant to Article XXI of the GATS, which were  contained in an informal document, are now 
circulated as an addendum to the meeting report.
 
 
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Statements Made at the Meeting of the Council for Trade in Services 
on 24 June 2005 Under Item A of the Agenda  
 
 
 This document2 contains statements made by Members of the Council for Trade in Services 
under item A (Notifications to the Council Pursuant to  Articles III:3, V:5 and V:7 of the GATS) of the 
agenda contained in WTO/AIR/2599 relating to the modification of specific commitments pursuant to 
Article XXI of the GATS.  
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A. NOTIFICATIONS MADE TO THE COUNCIL PURSUANT TO ARTICLES III:3, V:5 
AND V:7 OF THE GATS 
1. The Chairperson
 drew the Council's attention to the notification pursuant to Article V:5 from 
the European Communities and its Member States, co ntained in document S/SECRET/9, circulated on 
12 April 2005 (as corrected by document S/SECRET/9/Corr.1, circulated on 19 April 2005). As it 
indicated, this notification supplemented the EC's previous notification S/SECRET/8 (as amended by 
document S/SECRET/8/Corr.1).  The European Communities and its Member States hereby notified the Council of their intention to withdraw the speci fic commitments set out in the Annex to document 
S/SECRET/9.  In accordance with paragraph 5 of Artic le V, this notification initiated the negotiation 
process under Article XXI.  Pursuant to paragraph 1 of document S/L/80 (the Procedures for the 
Implementation of Article XXI), this notification w as included in the agenda of this meeting. The 
procedures for the implementation of Article XXI al so required that any Member which considered 
that its interests under the GATS might be affected  by the proposed modification or withdrawal was 
                                                     
 
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. 
2 Previously circulated as JOB(05)/170, dated 15 August 2005.  S/C/M/79/Add.1 
Page 2  
 
  to communicate its claim in writing to the modify ing Member and at the same time notify it to all 
other Members through the Secretariat.  According to  paragraph 3 of document S/L/80, such claims of 
interest were to be made no later than 45 days afte r the date of circulation of the notification. The 
Chairperson reminded delegations that at the m eeting of 26 November 2004, the Council had agreed 
that the record of the discussion relating to Article XXI would be contained in an informal document 
and would be circulated as an addendum to the minutes after the conclusion of the negotiations under 
Article XXI and the certification of any chang es to the relevant schedule of commitments. 
2. The representative of Canada
 stated that Canada believed that  its interests and benefits under 
the GATS might be affected by the modificati ons or withdrawal proposed in the European 
Communities' notification. Therefore, Canada had no tified its claim of interest to other Members as 
well as the Secretariat. Canada, as well as 17 affected Members, had submitted claims of interest 
further to the EC's notification of 28 May 2004 as well as other additional notifications.  As further 
contemplated by Article XXI of the GATS, Canada looked forward to entering into negotiations with 
the European Communities and its Me mber States with a view to reaching agreement on this matter. 
The submission of the claim of interest and the nego tiations to follow were without prejudice to any 
right of Canada under the GATS.  
3. Referring to the European Communities' notification S/SECRET/9, the representative of 
Hong Kong, China  stated that his delegation also consid ered its interests under the GATS might be 
affected and therefore had submitted its claim of in terest in accordance with the procedures set out in 
document S/L/80. He sought clarification from th e European Communities on the last sentence in 
paragraph 1 of S/SECRET/9, which read: "T he present notification supplements document 
S/SECRET/8 as amended by document S/SECRET/8/Corr.1."  Noting that S/SECRET/8 had already 
been notified to the Council and that the procedur e under Article XXI had been initiated, he asked 
whether the list of commitments modified or w ithdrawn attached to S/SECRET/9 was separate from 
that attached to S/SECRET/8 and whether notif ication S/SECRET/9 was intended to initiate a 
separate process under Article XXI as well. He s ought further clarification from the European 
Communities on how the processes initiated by th ese two notifications would be dealt with 
procedurally. Recalling the discussion at the Council's  previous meeting in relation to S/SECRET/8, 
seeking clarification from the European Communities on  the requirements set out in paragraph 6 of 
S/SECRET/9, he reiterated his de legation's position that there were no preconditions for any Member 
which had identified itself as an affected Member to enter into negotiations with the modifying 
Member under Article XXI. Finally he took note that the record of the discussion under this item 
would be issued as a job document for the time bei ng and would be circulated  as an addendum to the 
minutes after the procedure was completed.  
4. The representative of Switzerland  thanked the European Communities for clearly stating in 
paragraph 6 of S/SECRET/9 "to enter into negotia tions with any Member that considers itself 
affected". Further, echoing the statement made by Hong Kong, China, his delegation was of the view 
that what was set out in paragraph 6 (a), (b) and (c) of S/SECRET/9 could not be regarded as 
preconditions for entering into negotiations under Article XXI.  
5. Referring to paragraph 6 of S/SECRET/ 9, the representative of Argentina  shared the view of 
Hong Kong, China that there were  no conditions or procedures in addition to those Members had 
adopted as set out in document S/L/80. Citing pa ragraph 23 of S/L/80 which provided:" In the 
application of these procedures Members shall take fu ll account of the special situation of individual 
developing countries", he noted that the European  Communities had a good statistical system which 
would enable them to fully participate in negotiati ons while developing countries lacked statistics.  
6. The representative of Japan  stated that her delegation had submitted its claim of interest 
further to document S/SECRET/9 and shared the view of Hong Kong, Chin a and other delegations 
regarding paragraph 6 of this document.  S/C/M/79/Add.1 
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  7. Referring to the questions raised by Hong Kong,  China, the representative of the European 
Communities  confirmed that the procedure initiated by  S/SECRET/9 was legally independent, though 
it was clearly related to the procedure initiated by  S/SECRET/8.  Regarding how to proceed with 
these two procedures, his delegation would talk bi laterally with those Members that had submitted 
claims of interest.  With respect to the concer n on paragraph 6 of S/SECR ET/9, he confirmed that 
what was set out in that paragraph was meant to  facilitate negotiations under Article XXI without 
setting any preconditions for entering into negotiations. 
8. The Chairperson  proposed that the Council take note of the notification and the statements 
made, and that these statements be dealt with in the manner the Council had previously agreed upon. 
9. The Council so agreed . 
 
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