RESTRICTED  WORLD TRADE  
ORGANIZATION  TN/S/W/30 
17 February 2005 
 (05-0668) 
Council for Trade in Services 
Special Session Original:   English 
 
 
 
COMMUNICATION FROM THE EUROPEAN COMMUNITIES, HONG KONG CHINA, 
JAPAN, NEW ZEALAND, SWITZERLAND AND THE UNITED STATES 
 
Guidelines for scheduling commitments concerning  
postal and courier services , including express delivery  
   The following communication, dated 16 February  2005, from the delegations of the European 
Communities, Hong Kong China, Japan, New Zeala nd, Switzerland and the United States, is being 
circulated to the Members of the Council for Trade in Services.  
 
_______________ 
   This paper contains suggestions from various  Members and so does not represent the position 
of any single Member.  The paper is for discussion purposes only and does not prejudge the 
negotiating position of any Member.   A. S
ECTOR DESCRIPTION  
1. As observed in various negotiating proposals, the existing classification guidance provided by 
the Services Sectoral Classification List (M TN.GNS/W/120) and the United Nations' Provisional 
Central Product Classification (CPC) leaves consid erable uncertainty concerning the services 
classified under the "Courier services" category and, in particular, how these services may be distinguished from identical services supplied by posta l authorities on a competitive basis.  This fact 
may explain why only a minority of Members have sc heduled or offered to schedule commitments in 
postal and courier services, whereas the commercial rea lity is that some of these services are largely 
liberalized throughout the world.  
2. Another element contributing to uncertainty is that the CPC description for Courier Services 
does not explicitly reference express delivery services, a rapidly growing sector that today employs nearly 1 million people in over 200 countries.  A mo re precise sector description would thus enhance 
the clarity of scheduled commitments. 
3. The uncertainty created by the classification can be reduced s ubstantially if Members adopt a 
common approach to scheduling commitments and provi de clarifying statements in a footnote.  The 
following guidelines could be useful in improving th e quantity, clarity, and quality of commitments 
undertaken. They are intended to provide a framework  for such a common appr oach (see Attachment 
A for an illustrative schedule), without departing substantially from the existing classification under 
GNS/W/120.  While the two options considered in  the attachment would allow Members to use 
formally different classifications for the time bei ng, Members should continue to seek a more detailed 
understanding on a common classification.   
(a) In Column 1 of the Schedule, each Member  should describe the activities to which its 
market access and national treatment co mmitments will apply.  This description TN/S/W/30 
Page 2  
 
should accurately reflect the commercial rea lity in each Member's market at this time 
or at such time as a Members' commitments enter into effect.  For example, Members 
may wish to schedule commitments with resp ect to a list of selected sub-sectors that 
correspond to those areas that are open to competition.  These sub-sectors could be identified on the basis of the type of item s for which commitments are taken (e.g., 
letters, postcards, books, catalogues, hybrid ma il, newspapers, parcels and packages, 
larger items), or on the basis of the type of service delivered (e.g., express delivery or 
handling of registered and insured items).  
(b) To enhance transparency and legal certain ty, the sector description should contain all 
information necessary to delineate the boun dary between competitive activities and 
those reserved to a postal monopoly (e.g., using criteria like size, weight, price, speed 
of delivery, or a combination of these).  In  addition, the sector description should be 
clear and comprehensible without needi ng to consult domestic legislation or 
regulation.  
(c) To further improve clarity, Members ma y provide additional information in a 
footnote, such as to define terms like "Doc ument Exchange", to include more details 
concerning the boundaries between competitiv e activities and those reserved to a 
postal monopoly; or to clarify whether commitments are made for international services, domestic services, or both.  
(d) It also should be clear that a Member's commitments for the defined activity, subject 
to any scheduled limitations, shall appl y to all competitive service suppliers, 
including holders of postal monopoly rights if they should compete to supply the 
scheduled service beyond the scope of their monopoly.  This could be clarified by using a classification which is neutral as to the nature of the service provider, through 
a footnote to the sector description, or via an additional commitment.  In any case, if 
the Provisional CPC is used to define the sector, such a clarification is imperative in 
order to provide greater certainty regardi ng the scope of the scheduled commitments. 
(e) Finally, as appropriate, Members may clarif y whether there is a relationship between 
activities scheduled under Postal and Cour ier Services, including Express Delivery, 
and those that may be listed under other categories, such as Transport Services. 
B. A
DDITIONAL COMMITMENTS  
(f) A number of Members have identified a n eed for additional commitments, such as 
those required to address anti-competitive practices, universal service, cross-
subsidization issues, licensing, the indepe ndence of the regulator, etc.  Any such 
commitments should be inscribed in Column  4 of the Schedule (See Attachment A, 
Column 4), if possible by using a standard set of commitments for negotiating purposes following the example of the re ference paper on telecommunications.   
  TN/S/W/30
 Page 3Attachment A:   
Illustrative example of scheduling methodology to a ddress the sector description and additional commitments  
Modes of supply: 1) Cross-border supply 2) Consumption abro ad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector  Limitations on Market 
Access  Limitations on National 
Treatment  Additional Commitments  
2. COMMUNICATION SERVICES    
Heading Option 1: 
A/B Postal/Courier services {with sectors subject to commitments inserted by each Member}
1 
 
Heading Option 2:  A. Postal Services 
B. Courier Services 
{This is the classification structure found in MTN.GNS/W/120 with corresp ondence to CPC 7511 and 
CPC 7512.  Each Member would determine whether to list 
A., B., or both A. and B. If this structure is used, a clarification is necessary in order 
to provide greater certainty th at the scope of the scheduled 
commitments encompasses all competitive suppliers of the defined service.} 1) [  ] 
2) [  ] 3) [  ] 
4) [  ] 
 1) [  ] 
2) [  ] 3) [  ] 
4) [  ] 
 E.g., commitments pertaining to 
anti-competitive practices, cross-subsidization, universal service, 
licensing, independence of the 
regulator, etc… 
  
 
 
                                                      
1 Clarifying Footnote:  
To further improve clarity of the sector de scription, Members may provide additional in formation here, such as to define terms like "Document Exchange" or include 
additional details concerning the boundaries between competi tive activities and those reserved to a postal monopoly.  
For those who refer to "Express Delivery Serv ices," Members should provide a conceptual  definition, such as [US: "Express deliv ery services are defined as the collection, 
transport, and delivery of documents, printed matter, parcels, a nd/or other goods on an expedited basis, while tracking and mai ntaining control of these items throughout the supply of 
the service.  Express delivery services do not include maritime tr ansport services or services to which the Annex on Air Transp ort Services applies;"] or [E C: "Express delivery services 
may include, in addition to greater speed and reliability, value added elements such as collection from point of origin, person al delivery to addressee, trac ing and tracking, possibility of 
changing the destination and addressee in transit, and confirmation of receipt."]  
As appropriate, Members may clarify whethe r there is a relationship be tween activities scheduled unde r Postal and Courier Servi ces, including Express Delivery, and those 
that may be listed under other categor ies, such as Transport Services. 
If a classification that is not ne utral as to the nature of the operator is used , Members should provide a clear statement, eit her here or in the additional commitments column, 
that specific commitments for the defined activity, subject to  any scheduled limitations, shall apply to all competitive servic es and service suppliers, including holders of postal 
monopoly rights if they should compet e to supply the scheduled service.  
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