texts reproduced in this section do not have the legal
standing of the original documents which are entrusted
and kept at the WTO Secretariat in Geneva.
to a basic explanation of the agreements ...
a more technical one
that commitments scheduled by participants on maritime transport
services at the conclusion of the Uruguay Round shall enter into force
on an MFN basis at the same time as the Agreement Establishing the
World Trade Organization (hereinafter referred to as the “WTO
1. Negotiations shall be entered into on a voluntary basis in the
sector of maritime transport services within the framework of the
General Agreement on Trade in Services. The negotiations shall be comprehensive in scope, aiming at
commitments in international shipping, auxiliary services and access
to and use of port facilities, leading to the elimination of
restrictions within a fixed time scale.
A Negotiating Group on Maritime Transport Services (hereinafter
referred to as the “NGMTS”) is established to carry out this
mandate. The NGMTS shall
report periodically on the progress of these negotiations.
The negotiations in the NGMTS shall be open to all governments
and the European Communities which announce their intention to
participate. To date, the
following have announced their intention to take part in the
Canada, European Communities and their member States, Finland, Hong
Kong, Iceland, Indonesia, Korea, Malaysia, Mexico, New Zealand,
Norway, Philippines, Poland, Romania, Singapore, Sweden, Switzerland,
Thailand, Turkey, United States.
notifications of intention to participate shall be addressed to the
depositary of the WTO Agreement.
The NGMTS shall hold its first negotiating session no later
than 16 May 1994. It
shall conclude these negotiations and make a final report no later
than June 1996. The final
report of the NGMTS shall include a date for the implementation of
results of these negotiations.
Until the conclusion of the negotiations Article II and
paragraphs 1 and 2 of the Annex on Article II Exemptions are suspended
in their application to this sector, and it is not necessary to list
MFN exemptions. At the
conclusion of the negotiations, Members shall be free to improve,
modify or withdraw any commitments made in this sector during the
Uruguay Round without offering compensation, notwithstanding the
provisions of Article XXI of the Agreement. At the same time Members shall finalize their positions
relating to MFN exemptions in this sector, notwithstanding the
provisions of the Annex on Article II Exemptions. Should negotiations not succeed, the Council for Trade in
Services shall decide whether to continue the negotiations in
accordance with this mandate.
Any commitments resulting from the negotiations, including the
date of their entry into force, shall be inscribed in the Schedules
annexed to the General Agreement on Trade in Services and be subject
to all the provisions of the Agreement.
7. Commencing immediately and continuing until the implementation
date to be determined under paragraph 4, it is understood that
participants shall not apply any measure affecting trade in maritime
transport services except in response to measures applied by other
countries and with a view to maintaining or improving the freedom of
provision of maritime transport services, nor in such a manner as
would improve their negotiating position and leverage.
8. The implementation of paragraph 7 shall be subject to
surveillance in the NGMTS. Any
participant may bring to the attention of the NGMTS any action or
omission which it believes to be relevant to the fulfilment of
paragraph 7. Such
notifications shall be deemed to have been submitted to the NGMTS upon
their receipt by the Secretariat.
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