. /. RESTRICTED  WORLD TRADE  
ORGANIZATION  S/WPGR/W/58 
24 September 2009 
 (09-4477) 
Working Party on GATS Rules  
 
 
 
- DRAFT - 
 
ANNUAL REPORT OF THE WORKING PARTY ON GATS RULES  
TO THE COUNCIL FOR TRADE IN SERVICES (2009) 
  
1. Since its last Annual Report to the Council fo r Trade in Services in 2008 (S/WPGR/18), the 
Working Party on GATS Rules has held three form al meetings:  on 2 December 2008, 30 March 2009 
and 22 June 2009.  The three negotiating mandates en trusted to the Working Party were put on the 
agenda of each meeting:  emergency safeguard  measures (Article X), government procurement 
(Article XIII) and subsidies (Article XV).   
2. Throughout 2009, consultations were conducted by the Chairman on the organization of 
future work by the Working Party in fulfilment of the GATS Rules mandate as contained in Annex C 
of the Hong Kong Ministerial Declaration.  In this connection, at the formal meeting of 22 June 2009, 
Members discussed the topics for informal technical  discussions in all three areas.  Following this 
meeting, an informal Chairman's Note, as contained in JOB (09)/82, was circulated providing a list of 
topics for commencing such discussions.  A first round of informal technical discussions was 
conducted on 16 September 2009 on th e definition of "domestic indus try" for emergency safeguard 
measures (ESM) and a provisional working de finition for subsidies in services.   
I. NEGOTIATIONS ON EMERGENCY SAFEGUARD MEASURES (ARTICLE X) 
3. At the meeting of 30 March 2009, delegati ons continued to exchange views on the  
communication from the delegations of Brunei Darussalam, Cambodia, Indonesia, Malaysia, 
Myanmar, the Philippines, Thailand and Viet Nam on a draft Annex on Article X Emergency 
Safeguard Measures, as contained in JOB (07)/ 155.  The same delegations also presented an 
additional contribution, in the form of a room document, on their views on the way forward in the 
ESM discussions.  Preliminary views on the contribu tion were exchanged by delegations in informal 
mode.  At the meeting of 22 June 2009, dele gations discussed a communication from China on the 
issue of a "limited window" for emergency safeguard  measures.  Delegations also considered a 
Secretariat Note on "Safeguard-type Provisions in Economic Integration Agreements", as contained in 
S/WPGR/W/4/Add.2. 
II. NEGOTIATIONS ON GOVERNMENT PROCUREMENT (ARTICLE XIII) 
4. At the meetings of 30 March 2009 and 22 June  2009, delegations continued to exchange 
views on the proposal from the European Communities, concerning a legal text for an Annex to the 
GATS on Government Procurement (S/WPGR/W/54).  Members also considered the topics and the 
approach to be taken up in informal tec hnical discussions on government procurement.  
 S/WPGR/W/58 
Page 2  
 
  III. NEGOTIATIONS ON SUBSIDIES (ARTICLE XV) 
5. At the meetings of 30 March 2009 and 22 June 2009, delegations continued their 
consideration of the topics to be taken up in informal technical discussions, as well as the 
communication from Hong Kong, China and Mexico  on non-actionable subsidies (JOB(07)/27). 
Delegations also considered a Secretariat Note providing an "Overview of Subsidy Disciplines 
Relating to Trade in Services in Economic Integration Agreements", as contained in 
S/WPGR/W/46/Add.1 and Corr.1. At the meeting of 30 March, a representative from the OECD 
presented a study on subsidies for services, in  particular the case of export subsidies    
__________