./. RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/GC/M/94 
8 April 2005 
 (05-1449) 
General Council 
31 March 2005  
 
 
 
MINUTES OF MEETING 
 
Held in the Centre William Rappard  
on 31 March 2005  
 
Chairman:  Ms Amina Mohamed (Kenya) 
 
 
Subject discussed : Enlargement of the European Union – Communication from the 
European Communities (G/L/695/Add.1/Rev.1)  
 
1. The Chairman  drew attention to the communication from the European Communities in 
document G/L/695/Add.1/Rev.1, which concerned the accession to the European Union on 1 May 2004 of Cyprus, the Czech Re public, Estonia, Hungary, Latvia , Lithuania, Malta, Poland, the 
Slovak Republic and Slovenia.  In that communication, the EC had indicated that it would not assert 
that Members who had submitted a claim pursuant to Article XXIV:6 of GATT 1994 were precluded 
from withdrawing substantially equivalent c oncessions under Article XXVIII:3 of GATT 1994 
because this withdrawal occurred later than six mo nths after the EC's withdrawal of concessions, 
provided that the claiming WTO Member withdrew concessions no later than fifteen months after the EC's modification of concessions.  She recalled that  at its meeting in October 2004, the General 
Council, on the basis of a similar communication fro m the EC, had adopted an agreement reached in 
the Goods Council to extend the deadline for withdrawal of concessions referred to in 
Article XXVIII:3 of GATT 1994 from six months to twelve months following the EC's modification 
of concessions.  In its communication in document G/L/695/Add.1/Rev.1, the EC had proposed that 
this deadline be considered extended until fift een months following the EC's modification of 
concessions. 
2. This matter had been considered by the Council for Trade in Goods at its meeting on 
11 March.  In the absence of the Chairman of the Co uncil for Trade in Goods, she wished to report, on 
his request and behalf, that the Goods Council ha d agreed on the extension of the deadline for 
withdrawal of concessions under Article XXVIII:3 from si x months to fifteen months, as set out in the 
EC's communication, and had forwarded this agreem ent to the General Council for adoption.  In the 
light of the Goods Council's consideration and ac tion on this matter – and the report by the Goods 
Council Chair which she had just read out – she wish ed to propose for Members' consideration that 
the General Council take note of the communicati on from the EC in document G/L/695/Add.1/Rev.1, 
and adopt the agreement reached in the Goods Co uncil on the extension of the deadline for the 
withdrawal of concessions referred to in Artic le XXVIII:3 of GATT 1994 from six months to fifteen 
months following the EC's modification of concessions, on the understanding that Members who 
found themselves still in need of a further extension might raise the matter at the 10 May meeting of 
the Goods Council for consideration. 
3. The General Council so agreed
. WT/GC/M/94 
Page 2  
 
 4. The representative of the Philippines
 said that his delegation acknowledged the 
communication from the European Communities in G/L/695/Add.1/Rev.1 allowing a further three months, or a total of 15 months from th e EC's modification of concessions, for affected 
Members to withdraw equivalent concessions.  Hi s delegation believed that  further consultations 
among the interested parties was appropriate and should be encouraged, in order to arrive at mutually 
satisfactory resolutions, taking into account the spirit and intent of the WTO agreements of 
maintaining the balance of commitments.  He wish ed to place on record the Philippines' systemic 
concerns on the process adopted for modification of schedules in the context of EU enlargement.  His 
delegation maintained that Members withdrawing concessions in connection with joining a customs 
union were obliged a priori to commence negotiations and cons ultations and make offers of 
compensation to affected Members before effecti ng a withdrawal of concessions, and any extension 
should apply equitably to, and in favor of, all Members.  Consequently, while supporting the present 
consensus, the Philippines mainta ined that any action on this ma tter by the General Council was 
without any legal effect on the rights and oblig ations of Members, apart from recognizing the 
extended time-frame communicated by the EC to achieve a rebalancing of commitments.  His 
delegation therefore reiterated and in corporated by reference the points raised in its prior interventions 
at the 1 October 2004 meeting of the Council for Tr ade in Goods and the 20 October 2004 meeting of 
the General Council.
1 
5. The representative of Indonesia  joined the Philippines in acknowledging the communication 
from the EC in G/L/695/Add.l/Rev.1.  His delega tion believed that further consultations among 
interested parties were very important in order to seek a mutually satisfactory solution on this matter.  
While his delegation stressed the importance of its  systemic concerns on the process of modification 
of the EC Schedule in connection with EU enlarg ement, Indonesia still reserved its rights to have 
consultations with the EU.  In this context, alt hough it fully supported the consensus at the present 
meeting, it maintained that any action on this ma tter by the General Council was without any legal 
effect on the rights and obligations of Members,  apart from recognizing the extended time-frame 
communicated by the EC to achieve a rebalancing of commitments. 
6. The General Council took note  of the statements. 
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1 See WT/GC/M/88, item 5.