Government Procurement Article XIII.1. Article XIV:1, 2 and 3 provide narrow exceptions to the non-discrimination rule in Article XIII. 0000000866 00000 n To be exempted, however, the services purchased have to be “for governmental purposes” and “not with a view to commercial resale or with a view to use in the supply of services for commercial sale.” "[W]ith regard to the core environmental services, sewage and refuse disposal, it does not seem to be completely clear how much falls within the scope of Article I:3 (services supplied in the exercise of governmental authority) and Article XIII (government procurement), and how much is subject to the main GATS disciplines." Within the GATS, MFN (GATS Article II) and national treatment (GATS Article XVII) require WTO Members to grant treatment no less favourable to foreign services and service suppliers than they accord to like foreign or domestic services and service suppliers.23Both principles aim at protecting the competitive relationship between services and service suppliers of different origin. Article XIII: Government Procurement . Academia.edu uses cookies to personalize content, tailor ads and improve the user experience. Article XIV:4 and 5 provide that Members shall not be precluded by Articles XI to XV inclusive or by Sec. The Doha 70 , which includes an Annex on Bananas 71 , granted ACP countries preferential tariff access to the market of the EC. Government procurement (Article XIII) Procurement of services by governmental agencies can be exempt from GATS if the services are purchased for governmental purposes and not with a view to commercial resale or use in the supply of services for commercial sale. H��W�r�6��)x$;5#R%�͉��;�icez����/nc�����#�[ @�I6�L��Nf,>��@�9����LQϒJW^���ԙ��(�\�.-D�LR1O�>��?����S"��� ��`�ѩ84�6�w�G�N���� ?Ej �I^7c��t)�U��B�T�i'�� �Lu��U�N�d� �I���z 0000000607 00000 n A pair of countries or a group of countries can decide to establish between themselves either a customs union or a free trade area. Article XII The Conference shall take the necessary measures, as set forth in paragraphs 2, 3 and 4, to ensure compliance with this Convention and to redress and remedy any situation which contravenes the provisions of this Convention. 0000002954 00000 n 0000000887 00000 n To learn more, view our, Agreement establishing the World Trade Organization, From the Uruguay Round through the Doha Development Agenda, Legal Review of the General Agreement on Trade in Services (GATS) from a Health Policy Perspective. [aun12{�̓��[�� ��аQ��+`+�#�ʆ&���� !� 218.Initiative measure. ) At the same time, others have alluded that Article XIII:1 could be a transitional-type provision. Initiative measure. ) 4 Oct 99 -- A group of developing countries has called for a complete review of Article XVIII, 'Governmental Assistance to Economic Development' of GATT 1994 to be taken up as an implementation issue and work completed in the first year of negotiations to be launched at Seattle. While not applying a GATT Article XIII stipulates that quantitative restrictions or tariff quotas on any product must be administered in a non-discriminatory fashion regarding like products, and that in administering import restrictions and tariff quotas, WTO Members shall aim to allocate shares close to that which might be expected in their absence. Articles II, XVI and XVII shall not apply to laws, regulations or requirements governing the procurement by governmental agencies of services purchased for governmental purposes and not with a view to commercial resale or with a view to use in the supply of services for commercial sale. 0000001203 00000 n GATS - The General Agreement on Trade in Services (WTO).pdf. 0000002766 00000 n Details of any restrictions should be transparent and negotiated with affected Members. Previously approved amendments to Article XIII: DCA 134-003 (Round 1) August 12, 2015, City Council Approved (Case Report) Ordinance. No prohibition or restriction shall be applied by any contracting party on the importation of any product of the territory of any other contracting party or on the exportation of any product destined for the Paragraph II of this Article refers to the multilateral negotiations on government procurement in services. The Effects of Subsidies in the Light of Classic Free Academia.edu no longer supports Internet Explorer. XIII). Original approved Article XIII: Chapter 51A-XIII: Form Districts 15] ( Article 13B added Nov. 6, 1979, by Prop.4. GATS: Article XIII of the GATS contains a general exception, with regard to Government Procurement, from the MFN, Market Access and National Treatment obligations. 42 0 obj << /Linearized 1 /O 44 /H [ 662 225 ] /L 38204 /E 4056 /N 13 /T 37246 >> endobj xref 42 13 0000000016 00000 n Technically, mode 4 is defined in Article I.2(d) of GATS as being "the supply of a service… by a service supplier of one Member, through presence of natural persons of a Member in the territory of another Member". 9 AB Report, paras. 0000001041 00000 n 3] ( Article 13C added Nov. 5, 1996, by Prop. gg���r�+?��.��]�ȐS�vc^�M@\FpL;h���bxyv]./�����`�. trailer << /Size 55 /Info 41 0 R /Root 43 0 R /Prev 37236 /ID[<3afcde8d16a499ebe140f9f6006caca3><3afcde8d16a499ebe140f9f6006caca3>] >> startxref 0 %%EOF 43 0 obj << /Type /Catalog /Pages 39 0 R >> endobj 53 0 obj << /S 128 /Filter /FlateDecode /Length 54 0 R >> stream 4. GATS Article XIII (Government Procurement) 20 2.2.3. Article XIII: Non-Discriminatory Administration of Quantitative Restrictions No discrimination between Members in the application of quantitative restrictions and the allocation of such restrictions should reflect their underlying trade shares. 1. Demandeurs and the Costs of Failure of the Negotiations under GATS Article XV 22 Chapter 3 Trade Distortion and Supranational Regulation of Services Subsidies 27 3.1. Enter the email address you signed up with and we'll email you a reset link. SCOPE AND DEFINITION On completion of this section, the reader will be able: •to evaluate whether a particular measure is covered by the GATS; •to assess whether, in a particular situation, there is “trade in services”; •to identify each of the four modes of supply of services; •to prepare a claim or a defence on the fundamental question of Similarly, Article XIII on government procurement is quite weak and does not prohibit the use of such policies. Since the coercive trade-restrictive measures of the United States constitute prohibited measures under Article XVI:2(a) and (b) in all modes of supply, they violate Article XVI:2 of the GATS. H�b```f``���������À �H��k2��h�&y&�,k����/l�v�w��bu#(�`��(�`l �Ue`�Y� �\`���9xO~���`0lha` 0 ��'� endstream endobj 54 0 obj 119 endobj 44 0 obj << /Type /Page /Parent 38 0 R /Resources 45 0 R /Contents 48 0 R /MediaBox [ 0 0 595 842 ] /CropBox [ 0 0 595 842 ] /Rotate 0 >> endobj 45 0 obj << /ProcSet [ /PDF /Text /ImageB ] /Font << /F3 47 0 R /F5 46 0 R /TT2 50 0 R >> /XObject << /Im1 52 0 R >> /ExtGState << /GS1 51 0 R >> >> endobj 46 0 obj << /Type /Font /Subtype /Type1 /Encoding /WinAnsiEncoding /BaseFont /Times-Bold >> endobj 47 0 obj << /Type /Font /Subtype /Type1 /Encoding /WinAnsiEncoding /BaseFont /Times-Roman >> endobj 48 0 obj << /Length 1277 /Filter /FlateDecode >> stream GATS Article XIII contains language that exempts some “government procurement” activities from the application of commitments. 1 - SEC. unlike GATT 1994, the GATS general exceptions clause only p rovides fo r one single degree of connection with resp ect to the grounds for justification appl ying to all GATS obli gations (lit. Note the unusual: “there is no presumption that consensus has been reached on its elements.” Critics have been concerned about the application of a necessity test to licensing requirements and procedures. The Panel report was not appealed and was adopted on 6 May 1999. To browse Academia.edu and the wider internet faster and more securely, please take a few seconds to upgrade your browser. At present, there are no disciplines on government procurement under the GATS. 11. I. 5.4.3.1 GATS Articles XVIII and II; 5.4.3.2 GATS Articles XVIII and VI; 5.4.3.3 GATS Articles XVIII and XIV; 5.4.3.4 GATS Articles XVIII and XXI; 6 General Exceptions. @?'y��! Article XIII of GATS currently exempts government procurement - the services a government buys directly for its own use - from the obligations of most-favoured nation, market access and national treatment. ARTICLE XIII B GOVERNMENT SPENDING LIMITATION [SEC. implement the DSB’s rulings and recommendations were inconsistent with GATT Articles I and XIII, as well as GATS Articles II and XVII and made suggestions pursuant to DSU Article 19.1 how the EC could bring its measures into conformity. The Law of the WTO and the Communications Law of the EC: On a Path of Harmony or Discord? Article XIII of the GATS confers a special status on such activities insofar as the relevant laws, regulations and requirements are expressly exempt from the application of Articles II (MFN treatment), XVI (market access) and XVII (national treatment) (Box 1). 8, 207, 208. JYW̔��6�?^��j�l�q���v'X����w�G�IH�{�[��)[�u�;'������G����xJ�Iԫ�CZ H��Ny,sSU�Pw��.|��w�m���|gD�%�[2�-�=���%�M`6��} ܳ�d��*j��4P��j��x�����n��GZ���=���@Y�y0�ud��(���g{EQ��KZy�X�{�uˬk�7={�G�lR���0$6���)��bo��|�B��xt⠡*�����C����k�jD{ǖ�|{Om�[�l��te˺��Ew�a��kM���= �G�>�/�Zq#ϻ���w+�WJ��M*䪀�c�HT��/�מ%��.4Wy��0Sf��^�,�Jv����S U{J«po]��ה��E/ %PDF-1.2 %���� Japanese fabric producers challenged the Raw Silk Price Stabilization Law under GATT Article XVII:1 (a), which stipulates that each contracting party agrees that a state-trading agency under its control should operate its transactions on the basis of GATS Article XVII provides national treatment for services and service providers and Article 3 of the TRIPS Agreement provides national treat- ment for the protection of intellectual property rights. ��W��H�������(6�*o�L�~�N�u�91b!���3"�� 0000003431 00000 n The issue of subsidy disciplines, for which GATS Article XV has served as a place holder, alongside discussions on emergency safeguards (Article X), government procurement (Article XIII), and the development of a necessity test for non-discriminatory domestic regulatory measures (Article VI:4) took a backseat in the negotiations and was left You can download the paper by clicking the button above. 0000000662 00000 n COLOMBIA S POLICY SPACE FOR PRUDENTIAL REGULATION: AN ANALYSIS FROM ITS INTERNATIONAL TRADE COMMITMENTS. aspects of these variations are covered by GATS mode 4 is discussed below. 0000003353 00000 n 0000001308 00000 n GATS Article XV (Subsidies) 22 2.2.3.1. c�+�f��&��~���~�/S.~%�j��e�m� �cJ�\� ����1�v��T��/���҈� (i) Who is included in mode 4? Reference to a document we do not have. GATT Article XIII stipulates that quantitative restrictions or tariff quotas on any product must be administered in a non-discriminatory fashion regarding like products, and that in administering import restrictions and tariff quotas, WTO Members shall aim to allocate shares close to that which might be expected in their absence. 28 In most cases, the relevant transactions are likely to involve infrastructural services and to meet the usual public goods definition … 0000001414 00000 n Article XIII.1 of the GATS contains another provision that is important for municipalities. B of Article XVIII from applying certain kinds of measures. TEXT OF ARTICLE XIII AND RELEVANT INTERPRETATIVE NOTES Article XIII* Non-discriminatory Administration of Quantitative Restrictions 1. 3.13 GATS 5 1. 6.1 Introduction; 6.2 Necessity in GATS Article XIV; 6.3 Public interests protected by GATS Article XIV. On the one hand, it has been argued that GATS Article XIII:1 can be read to exclude Article II (MFN), Article XVI(Market Access) and Article XVII (National Treatment) from the future Article XIII disciplines. (And please note that is should be correctly cited as Article XXIV, not as Article 24 – in the actual treaty text, the treaty articles have Roman numbers). 72 The Doha Article XIII Waiver (Article XIII Waiver) concerned the EC's separate autonomous tariff quota of 50,000 mt for bananas of ACP origin and was intended to expire on 31 December 2005, thus covering the entire period until the entry into force of the EC's tariff-only regime … DCA 178-002 (Round 2) June 13, 2018, City Council Approved (Case Report) Ordinance. federal and subfederal level as provided for in GATS Article XIII. Sorry, preview is currently unavailable. ARTICLE XIII C [VOTER APPROVAL FOR LOCAL TAX LEVIES] [SECTION 1 - SEC. GATS Article V. BUT, subject to the fulfilment of certain conditions: Trade liberalization among the parties should cover a broad range of services activities Internal Requirement (V:1) Non-party WTO Member should not encounter a higher overall level of barriers to its services trade as a result of an RTA By using our site, you agree to our collection of information through the use of cookies.
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