Joint letter from the European Communities and its Member States on the one part, and India, on the other part, 
pursuant to paragraph 5 of the Procedures for the implementation of Article XXI of the General Agreement on 
Trade in Services (GATS) (S/L/80 of 29 October 1999)  
relating to  
the modifications proposed in the GATS Schedules of the European Communities and its Member States 
(hereafter the EC) to take account of the accession of the Czech Republic, the Republic of Estonia, the 
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic 
of Malta, the Republic of Austria, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, the 
Republic of Finland, the Kingdom of Sweden to the European Communities  
On 28 May 2004 and on 4 April 2005, the EC submitted two respective Communications pursuant to Article V of the 
GATS (circulated as document S/SECRET/8, dated 11 June 2004, and as document S/SECRET/9, dated 12 April 2005), 
whereby it notified its intention to modify or withdraw the specific commitments included in the list attached to the 
communications, pursuant to Article V:5 of the GATS and in accordance with the terms of Article XXI:1(b) of the GATS.  
Following the submission of each Communication, India submitted two respective claims of interest pursuant to 
Article XXI:2(a) of the GATS (S/L/163 with regard to S/SECRET/8 and S/L/221 with regard to S/SECRET/9). The EC 
and India entered into negotiations pursuant to Article XXI:2(a) of the GATS with regard to S/SECRET/8 and S/SECRET/9.  
With regard to the procedure initiated by the notification contained in document S/SECRET/8, the initial period for the 
negotiations, which expired on 26 October 2004, was extended (by mutual agreement) five times (until 26 April 2005, 
until 27 February 2006, until 1 June 2006, until 1 July and until 17 July 2006). During such negotiations, the EC and 
India have agreed on compensatory adjustments related to the withdrawals and modifications contained in document 
S/SECRET/8.  
With regard to the procedure initiated by the notification contained in document S/SECRET/9, no agreement between the 
EC and India was reached by the end of the period provided for negotiations and no affected Member referred the matter 
to arbitration within the applicable deadline pursuant to paragraph 7 of S/L/80. Pursuant to Article XXI:3(b) of the GATS 
and subject to completion of the procedures set out in paragraphs 20-22 of S/L/80, the EC shall be free to implement the 
modifications and withdrawals proposed in document S/SECRET/9.  
The Report on the result of these negotiations, which is attached to this letter, includes (1) the proposed modifications in 
the notifications referred to above, (2) the agreed compensatory adjustments with regard to the modifications or with ­
drawals notified in S/SECRET/8, and (3) the draft consolidated schedule of specific commitments that results from 
merging existing schedules of commitments of the EC and its Member States and from inserting therein both the 
modifications or withdrawals of commitments notified by the EC under documents S/SECRET/8 and S/SECRET/9 and 
the compensatory adjustments agreed between the EC and India.  
This letter and Annex I and II of the report attached to it constitute the Agreement between the EC and India with regard 
to S/SECRET/8 for purposes of Article XXI:2(a) of the GATS (  1 ). The Agreement shall not be interpreted to modify the 
Lists of Article II Exemptions of the EC and its Member States. The Agreement shall not be interpreted to affect the 
Parties' rights and obligations under Article VIII of the GATS.  
Pursuant to the procedures referred to in paragraphs 20 to 22 of S/L/80, the EC will transmit, to the Secretariat for 
circulation, the draft consolidated schedule for certification by 14 September 2006, provided that an agreement has been 
signed with all affected Members, or the period foreseen in paragraph 7 of S/L/80 has expired, and no arbitration has 
been requested. The results of the negotiations are to enter into force, after completion of the certification procedures, on 
a date to be specified by the EC following completion of the EC's internal approval procedures, which the EC endeavours 
to accelerate as much as possible. The modifications and withdrawals proposed in documents S/SECRET/8 and 
S/SECRET/9 shall not enter into force until all of the compensatory adjustments indicated in Annex II have entered 
into force.EN 28.3.2019 Official Journal of the European Union L 87/83  
( 1 ) This Agreement shall not be interpreted to prejudge the outcome of separate discussions within the WTO concerning the classif i­
cation of telecommunication services (basic telecommunications and value-added services).
 Report on the result of the negotiations conducted in accordance of Article XXI:2(a) of the General Agreement 
on Trade in Services (GATS)  
relating to  
the modifications proposed in the GATS Schedules of the European Communities and its Member States 
(hereafter the EC) to take account of the accession of the Czech Republic, the Republic of Estonia, the 
Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic 
of Malta, the Republic of Austria, the Republic of Poland, the Republic of Slovenia, the Slovak Republic, the 
Republic of Finland, the Kingdom of Sweden to the European Communities  
Pursuant to paragraph 5 of the Procedures for the implementation of Article XXI of the GATS (S/L/80 of 29 October 
1999), the EC submits the following report:  
1. On 28 May 2004 and on 4 April 2005, the EC submitted two respective Communications pursuant to Article V of the 
GATS (circulated as document S/SECRET/8, dated 11 June 2004, and as document S/SECRET/9, dated 12 April 2005), 
whereby it notified its intention to modify or withdraw the specific commitments included in the list attached to the 
communications (hereafter  "the proposed modifications "), pursuant to Article V:5 of the GATS and in accordance with 
the terms of Article XXI:1(b) of the GATS. The proposed modifications are contained in Annex I.  
2. Following the submission of the notification contained in document S/SECRET/8, and pursuant to Article XXI:2(a) of 
the GATS, eighteen WTO Members (Argentina, Australia, Brazil, Canada, China, Chinese Taipei, Colombia, Cuba, 
Ecuador, Hong Kong China, India, Japan, Korea, New Zealand, the Philippines, Switzerland, Uruguay and the United 
States) submitted a respective claim of interest.  
3. Following the submission of the notification contained in document S/SECRET/9, and pursuant to Article XXI:2(a) of 
the GATS, fourteen WTO Members (Argentina, Australia, Brazil, Canada, China, Colombia, Ecuador, Hong Kong 
China, India, Japan, Korea, New Zealand, Uruguay and the United States) submitted a respective claim of interest.  
4. India submitted two respective claims of interest pursuant to Article XXI:2(a) of the GATS (S/L/163 with regard to 
S/SECRET/8 and S/L/221 with regard to S/SECRET/9). The EC and India entered into negotiations pursuant to 
Article XXI:2(a) of the GATS with regard to S/SECRET/8 and S/SECRET/9.  
5. With regard to the procedure initiated by the notification contained in document S/SECRET/8, the initial period for the 
negotiations, which expired on 26 October 2004, was extended (by mutual agreement) five times (until 26 April 
2005, until 27 February 2006, until 1 June 2006, until 1 July and until 17 July 2006).  
6. During such negotiations, the EC and India have agreed on compensatory adjustments related to the modifications and 
withdrawals contained in document S/SECRET/8. Annex I and II of this report, together with the joint letter to which 
it is attached, constitute the Agreement between the EC and India with regard to S/SECRET/8 for purposes of 
Article XXI:2(a) of the GATS (  2 ). This Agreement shall not be interpreted to modify the lists of Article II Exemptions 
of the EC and its Member States. This Agreement shall not be interpreted to affect the Parties' rights and obligations 
under Article VIII of the GATS.  
7. With regard to the procedure initiated by the notification contained in document S/SECRET/9, no agreement between 
the EC and India was reached by the end of the period provided for negotiations and no affected Member referred the 
matter to arbitration within the applicable deadline pursuant to paragraph 7 of S/L/80. Pursuant to Article XXI:3(b) of 
the GATS and subject to completion of the procedures set out in paragraphs 20-22 of S/L/80, the EC shall be free to 
implement the modifications and withdrawals proposed in document S/SECRET/9.EN L 87/84 Official Journal of the European Union 28.3.2019  
( 2 ) This Agreement shall not be interpreted to prejudge the outcome of separate discussions within the WTO concerning the classif i­
cation of telecommunication services (basic telecommunications and value-added services).
 8. In view of the foregoing, the proposed modifications and the agreed compensatory adjustments are incorporated into 
the EC's draft GATS consolidated schedule, which results from merging existing schedules of commitments of the EC 
and its Member States and from inserting therein both the modifications or withdrawals of commitments notified by 
the EC under documents S/SECRET/8 and S/SECRET/9 and the compensatory adjustments agreed between the EC and 
India.  
9. Pursuant to the procedures referred to in paragraphs 20 to 22 of S/L/80, the EC will transmit, to the Secretariat for 
circulation, the draft consolidated schedule for certification by 14 September 2006, provided that an agreement has 
been signed with all affected Members, or the period foreseen in paragraph 7 of S/L/80 has expired, and no arbitration 
has been requested. The results of the negotiations are to enter into force, after completion of the certification 
procedures, on a date to be specified by the EC following completion of the EC's internal approval procedures, 
which the EC endeavours to accelerate as much as possible. The modifications and withdrawals proposed in 
documents S/SECRET/8 and S/SECRET/9 shall not enter into force until all of the compensatory adjustments 
indicated in Annex II have entered into force.EN 28.3.2019 Official Journal of the European Union L 87/85
 
ANNEX I  
A) Modifications notified in document S/SECRET/8  
Horizontal Commitments  
• Market access entry (page 9): “In all EC Member States services considered as public utilities at a national or local level 
may be subject to public monopolies or to exclusive rights granted to private operators”. This entry was not included 
in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, 
Austria, Poland, Slovenia, Slovakia, Finland and Sweden. This limitation now applies to all Member States.  
• National treatment limitations on branches, agencies and representative offices under mode 3 (pages 9 and 10). This 
entry was not included in the schedule of specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, 
Lithuania, Malta, Slovenia and Slovakia. This limitation now applies to all Member States.  
• National treatment limitations on subsidiaries under mode 3 (page 10). This entry was not included in the schedule of 
specific commitments of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and 
Slovakia. This limitation now applies to all Member States.  
• National treatment limitations on subsidies under mode 3 (page 13). The schedule of specific commitments of the 
Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Malta, Austria, Slovenia, Slovakia, Finland and Sweden included only 
part of the limitations on subsidies on mode 3 inscribed in the schedule of the EC and its Member States. These 
limitations are now extended to these Member States.  
• National treatment limitation on subsidies under mode 4 (page 13). The schedule of specific commitments of the 
Czech Republic, Estonia, Cyprus, Latvia, Hungary, Malta and Slovakia did not include the limitation on subsidies under 
mode 4 inscribed in the schedule of the EC and its Member States. This limitation is now extended to these Member 
States.  
• Cyprus' market access commitments on mode 4. These commitments are withdrawn.  
• Market access entry on mode 4 - Intra-company transfers (ICT) (page 26). The schedule of specific commitments of the 
Czech Republic, Latvia, Lithuania, Hungary, Poland and Slovakia did not include the limitation that the receiving entity 
must be effectively providing like services in the territory of the Community Member State concerned. This limitation is 
now extended to these Member States.  
• Market access entry on mode 4 - Business visitors (BV) – service sellers (page 30). The schedule of specific 
commitments of Poland did not include the limitation that those representatives will not be engaged in making 
direct sales to the general public. This limitation is now extended to this Member State.  
• Market access entry on mode 4 - Business visitors (BV) – establishment of commercial presence (page 30). The schedule 
of specific commitments of Lithuania did not include the limitation that those representatives will not be engaged in 
making direct sales to the general public or supplying services. This limitation is now extended to this Member State.  
• Lithuania’s market access commitments on mode 4 – Business visitors (BV) (page 32). These commitments are partially 
withdrawn.  
• Latvia’s market access commitment on mode 4 – contractual services suppliers (CSS) (page 33). The schedule of specific 
commitments of Latvia did not include the limitation that the temporary entry and stay within the Member State 
concerned shall be for a period of not more than three months in any 12 months period. This limitation is now 
extended to this Member State.  
Sectoral commitments  
• Rental/Leasing services without operators - Relating to Aircraft (page 95). The market access limitation under mode 2 is 
extended to Estonia, Lithuania, Hungary, Austria, Slovenia, Finland and Sweden and the market access limitation under 
mode 3 is extended to Estonia, Hungary and Austria.EN L 87/86 Official Journal of the European Union 28.3.2019
 
• Services incidental to manufacturing (pages 109 and 110). The commitments included in the schedule of Latvia, 
Lithuania and Austria are withdrawn.  
• Education services (page 156): limitation to “only privately funded services”. This limitation was not included in the 
schedule of Estonia, Latvia, Lithuania, Hungary, Austria, Slovenia (only not included with regard to adult education 
services) and Slovakia. This limitation is now extended to these Member States. In the case of Slovenia, such an 
extension only refers to adult education services.  
• Banking and other financial services (excluding insurance) (pages 193, 213 and 217). The market access limitations 
indicating that “the establishment of a specialised management company is required to perform the activities of 
management of unit trusts and investment companies” and that “only firms having their registered office in the 
Community can act as depositories of the assets of investment funds”, both under mode 1 and 3, were not 
included in the schedule of Czech Republic  as regards mode 3, Estonia (not included in mode 1 nor in mode 3), 
Latvia  as regard s mode 3, Lithuania  as regard s mode 1, Hungary  as regard s mode 3 and Slovakia  as regard s mode 3. 
These limitations are now extended to these Member States.  
• Space Transport. The commitment included in the schedule of Austria is withdrawn.  
• Air Transport - Rental of aircraft with crew (page 246). Two market access limitations (one under modes 1 and 2 and 
another one under mode 3) are introduced for Poland.  
• Air Transport - Sales and Marketing (pages 247 and 248). The schedule of specific commitments of Estonia did not 
include the national treatment limitation on distribution through CRS of air transport services provided by CRS parent 
carrier.  
• Air Transport - Computer Reservations System (page 248). The schedule of specific commitments of Hungary did not 
include the national treatment limitation on the obligations of parent or participating carriers in respect of a CRS 
controlled by an air carrier of one or more third countries.  
• Services auxiliary to all modes of transport - Cargo handling services (page 259). A market access limitation under 
mode 3 has been introduced for Estonia, Latvia and Lithuania.  
B) Modifications notified in document S/SECRET/9  
Horizontal Commitments  
• Cyprus' and Malta's commitments on mode 4 under national treatment (pages 25, 29 and 32 of S/SECRET/8). These 
commitments are withdrawn.  
Sectoral commitments  
• Computer and Related Services - a)Consultancy Services related to the Installation of Computer Hardware (CPC 841) (page 
82) - b) Software Implementation Services (CPC 842) (page 83) - c) Data Processing Services (CPC 843) (page 85) - d) Data 
Base Services (CPC 844) (page 86). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are 
withdrawn.  
• Research and Development Services - b) R & D Services on Social Sciences and Humanities (CPC 852) (pages 89 and 
90). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.  
• Insurance and Insurance-Related Services - (i) Direct insurance (including co-insurance): (a) life and (b) non-life (pages 
211 and 212). Cyprus' commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.EN 28.3.2019 Official Journal of the European Union L 87/87
 
• Banking and Other Financial Services (excluding insurance) – (x) (e) transferable securities (page 223). Cyprus' 
commitments on mode 4 (ICT, BV and CSS) under national treatment are withdrawn.  
• Hotels, Restaurants and Catering (CPC 641,642 and 643) (page 232). Malta's commitments on mode 4 (ICT, BV and 
CSS) under national treatment are withdrawn.  
• Travel Agencies and Tour Operators Services (CPC 7471) (pages 233 and 234). Malta's commitments on mode 4 (ICT, 
BV and CSS) under national treatment are withdrawn.  
• Maritime transport services - excluding cabotage transport - (a) Passenger transportation (CPC 7211); (b) Freight 
transportation (CPC 7212) (page 242). Malta's commitments on mode 4 (ICT, BV and CSS) under national 
treatment are withdrawn.EN L 87/88 Official Journal of the European Union 28.3.2019
 
ANNEX II  
COMPENSATION BY THE EC  
• Mode 3 horizontal limitation on public utilities  
— Footnote on coverage indicating that this limitation does not apply to telecommunication and computer and 
related services.  
• Mode 3 horizontal limitations on investment  
— Removal of the national treatment limitation for AT in Mode 3 on branches of foreign joint stock companies 
(Aktiengesellschaften) and limited liability companies (Gesellschaften mit beschränkter Haftung).  
• Mode 4  for intra-corporate transferees and business visitors  
— Market Access and National Treatment commitments by CY and MT in the horizontal section and in the sector- 
specific section in the sectors where CY and MT have undertaken Mode 3 commitments.  
• Professional services -  Engineering services  (CPC 8672)  
— Market Access and National Treatment Commitments by CY and MT in Mode 2  
— Market Access commitments by CY, CZ, MT & SK in Mode 3  
— National Treatment commitments by CY and MT in Mode 3  
— Removal of the market access limitation for PT in mode 3  
• Professional services -  Integrated Engineering Services  (CPC 8673):  
— Removal of the ENT applied on Mode 4/CSS by the UK  
— Market Access and National Treatment commitments by SK in Mode 3  
• Professional services -  Urban planning and landscape architectural services  (CPC 8674):  
— Market Access and National Treatment commitments by CY, CZ, MT, PL, SI & SK in Mode 3.  
— Market Access and National Treatment commitments by HU on Landscape Architectural Services in Mode 2.  
• Computer and related services -  
— Addition of a clarificatory footnote.  
— Market Access and National Treatment commitments by HU in Modes 1, 2 & 3 for CPC 845 and 849  
— Improved conditions for CSS/Mode 4 by SE for computer and related services in the horizontal section and new 
commitments by SE for CSS/Mode 4 for CPC 845 and 849.  
• Advertising services  (CPC 871):  
— Market Access and National Treatment commitments by CY, MT & PL in Mode 1  
• Telecommunication services  
— New and improved commitments by the entire EC as offered in its revised DDA offer.  
— A clarification from FI that its three Mode 3 horizontal limitations on legal entities under market access, on 
subsidiaries, branches, agencies and representative offices under national treatment, and on investment under 
market access do not apply to telecommunications services.EN 28.3.2019 Official Journal of the European Union L 87/89
 
— A clarificatory footnote indicating that Sub-sectors 2.C.h) to 2.C.m) of the Services Sectoral Classification List 
contained in MTN,GNS/W/120 (value-added services) and Sub-sectors 2.C.a) to 2.C.g) of that List are included here. 
Sub-sector 2.C.o) of that List is also included here to the extent that it falls under this definition. For the purpose of 
this schedule, subsector 2C.n of that list (on-line information and/or data processing) is reflected in this schedule of 
Commitments under 1.B (Computer and related services).  
• Financial services (insurance services):  
— Removal of part of the market access limitations for SK in Mode 3  
• Financial services (banking)  
— FI: change in Mode 3 permanent residency requirements (“At least one of the founders, the members of the board 
of directors, the supervisory board and the managing director shall have their permanent residence in the European 
Community…” instead of “At least one half of the founders, the members of the board of directors, the supervisory 
board and the delegates, the managing director, the holder of the procuration and the person entitled to sign in the 
name of the credit institution shall have their place of residence in the European Community…”).  
• Hotels, Restaurants and Catering  
— New (less restrictive) language for IT's ENT in mode 3 on bars, cafes and restaurants, including a commitment on 
its non-discriminatory nature.  
• Travel Agencies and Tour Operators Services  
— Removal of the ENT applied on Mode 3 by the CZ  
• Hairdressing services  
— Market Access and National Treatment commitments by CZ, FI, HU and SK in Modes 2 & 3  
The following abbreviations are used to indicate the Member States:  
AT Austria  
BE Belgium  
CY Cyprus  
CZ Czech Republic  
DE Germany  
DK Denmark  
EE Estonia  
EL Greece  
ES Spain  
FI Finland  
FR France  
HU Hungary  
IE Ireland  
IT Italy  
LT Lithuania  
LU Luxembourg  
LV LatviaEN L 87/90 Official Journal of the European Union 28.3.2019
 
MT Malta  
NL The Netherlands  
PL Poland  
PT Portugal  
SE Sweden  
SI Slovenia  
SK Slovak Republic  
UK United KingdomEN 28.3.2019 Official Journal of the European Union L 87/91