Environmental Engineering Reference
In-Depth Information
measures a
ecting the supply of services, treatment no less favourable than that it accords to its own
like services and service suppliers.
ff
2.
A Member may meet the requirement of paragraph 1 by according to services and service suppliers of
any other Member, either formally identical treatment or formally di
ff
erent treatment to that it accords
to its own like services and service suppliers.
3.
Formally identical or formally di
es
the conditions of competition in favour of services or service suppliers of the Member compared to like
services or service suppliers of any other Member.
ff
erent treatment shall be considered to be less favourable if it modi
fi
5.
GATS Article XVI, MA, states:
1.
With respect to market access through the modes of supply identi
ed in Article I, each Member shall
accord services and service suppliers of any other Member treatment no less favourable than that pro-
vided for under the terms, limitations and conditions agreed and speci
fi
fi
ed in its Schedule. [Fn 8
omitted]
2.
In sectors where market-access commitments are undertaken, the measures which a Member shall not
maintain or adopt either on the basis of a regional subdivision or on the basis of its entire territory,
unless otherwise speci
fi
ed in its Schedule, are de
fi
ned as:
(a)
limitations on the number of service suppliers whether in the form of numerical quotas, monopo-
lies, exclusive service suppliers or the requirements of an economic needs test;
(b)
limitations on the total value of service transactions or assets in the form of numerical quotas or
the requirement of an economic needs test;
(c)
limitations on the total number of service operations or on the total quantity of service output
expressed in terms of designated numerical units in the form of quotas or the requirement of an
economic needs test; [Fn 9: Subparagraph 2(c) does not cover measures of a Member which limit
inputs for the supply of services.]
(d)
limitations on the total number of natural persons that may be employed in a particular service sector
or that a service supplier may employ and who are necessary for, and directly related to, the supply
of a speci
fi
c service in the form of numerical quotas or the requirement of an economic needs test;
(e)
measures which restrict or require speci
fi
c types of legal entity or joint venture through which a
service supplier may supply a service; and
(f)
limitations on the participation of foreign capital in terms of maximum percentage limit on foreign
shareholding or the total value of individual or aggregate foreign investment.
6.
This table is based on the following sources:
1.
Provisional CPC sections are from the UN's Commercial Product Classi
cation - Provisional, available
at http://unstats.un.org/unsd/cr/registry/regcst.asp?Cl=9&Lg=1, viewed 18 September 2007.
fi
2.
US Schedule is from USA (2005). A user-friendly alternative to reading the US Schedule has been com-
posed by Ellen Gould and Mary Battari; it is
Public Citizens' GATS Directory
, an automated directory
of
GATS sectors,
commitments and links to UN classi
fi
cation codes.
It is available at
http://www.citizen.org/trade/forms/gats_search.cfm, viewed 18 September 2007.
3.
Commitments in 1995 for Environmental Services: WTO Secretariat, Council for Trade in Services,
Background Note, Environmental Services, World Trade Organization, Doc. No. S/C/W/46 (6 July,
1998), pp 26-7.
4.
Commitments in 1995 for Environmental Impact: (a) Fishing is from Agritrade, Liberalization of
'Services Incidental to Fishing' could damage
fi
shing communities, April 2007; (b) Forestry is from
WTO, Prede
ned Report, Developed Countries, Services Incidental to Agriculture, Fishing or Forestry;
(c) Mining is from US International Trade Commission, Oil and Gas Field Services: Impediments to
Trade and Prospects for Liberalization, Investigation No. 332-444, USITC Publication 3582, March
2003, c. 5, p. 5; (d) Energy is from WTO Secretariat, Council for Trade in Services, Background Note,
Energy Services, World Trade Organization, Doc. No. S/C/W/52 (9 September 1998), p. 28; (e)
Construction is from WTO Secretariat, Council for Trade in Services, Background Note, Construction
and Related Engineering Services, World Trade Organization, Doc. No. S/C/W/38 (8 June 1998), p. 10;
(f) Distribution is from WTO Secretariat, Council for Trade in Services, Background Note, Distribution
Services, World Trade Organization, Doc. No. S/C/W/37 (10 June 1998), p. 28; (g) Tourism is from
Secretariat, Council for Trade in Services, Background Note, Tourism Services, World Trade
Organization, Doc. No. S/C/W/51 (23 September 1998), pp. 23-4; (h) Maritime transport is from WTO
Secretariat, Council for Trade in Services, Background Note, Maritime Transport Services, World Trade
Organization, Doc. No. S/C/W/62 (16 November 1998), pp. 11-16; (i) Pipeline transport is from WTO
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