CIVIL SOCIETY DIALOGUE MEETING ON GATS
Location: Borschette Building, 36 rue Froissart, Brussels
28 November 2002, 15.00 – 17.30
Lead Commission participant: Anders Jessen
The regular civil society dialogue meeting on WTO – GATS negotiations had two purposes:
- Give interested stakeholders an update of the state of play of the services negotiations under the GATS and on the rules and modalities issues currently being debated.
- Provide an opportunity to present the consultation document regarding requests put forward to the EU. The document was published by the European Commission on the 12th November 2002.
Mr Jessen reported that the Community has so far received requests from 23 WTO members. He noted that the negotiations were generally on track but that the focus of the work was now beginning to shift to preparations of initial offers due to be tabled in 30 March 2003. It was also stressed that the Commission has remained very flexible concerning organisational aspects of the negotiations because of its proximity to Geneva, in particular vis-à-vis developing countries which have no establishment in Geneva.
As to the discussions on the consultation document published by the Community, Mr Jessen mentioned that translations for all official EU languages will be provided.
Following these initial remarks, Mr Jessen outlined the current work on rules and modalities in Geneva. With respect to the modalities for autonomous liberalisation four outstanding issues were highlighted:
- Whether or not a member could get credit in other areas of the Doha Round negotiations for commitments taken under GATS, e.g. goods
- Whether recently acceded members would be entitled to get credit for their commitments made to enter the WTO,
- whether members get credit for so-called autonomous liberalisation even if not bound in a future agreement?
- Whether only developing countries should be entitled to credit for liberalisation undertaken autonomously ?
Mr. Jessen also briefly mentioned the ongoing discussions on modalities for special treatment for least-developed country Members. Before taking any further steps on this issue, the Commission wants to wait for a paper due to be published by the developing countries.
Mr Jessen then summarised the nature of requests received by the EU as outlined in the recent consultation paper. He stressed that these covered the ground comprehensively and that further requests were likely to duplicate those already received rather than introducing new topics. He encouraged organisations wishing to respond to the consultation to do so now rather than wait for news on further requests.
Discussion
1. Economic need tests
Mr Kerneis from the European Service Forum enquired whether the Commission considers removing economic need tests listed in the EC schedule of commitments and put forward his views that ENT may undermine the commitments taken. Mr. Jessen responded that the Commission were looking carefully as scheduled ENTs to see if anything could be done in the initial offer.
2. Safeguards clause for least developed countries
There was a heated discussion about the feasibility and desirability of a special treatment clause for least developed countries. Mr Jessen noted that the Commission is sceptical as to the merits of such a clause but remains open for discussions on the issue with the demandeur countries.
3. Internal effects of negotiating and requesting liberalisation of water distribution and treatment
The representative of the “Vertretung der Bayrischen Kommunen” put forward her fear that negotiations on liberalisation of water distribution and treatment may have unwanted EU internal effects. The Commission representative recalled the rationale for its requests in the environmental services sector, including on water distribution, and mentioned that so far only one member has put forward a request concerning this area. With respect to the initial offer he said that the Commission was fully aware of the sensitivities in this sector.
4. Consultation process
The representative of the “Corporate Europe Observatory” expressed his scepticism towards the Commission’s consultation process with the Civil Society. In particular, he criticised the tight negotiating schedule which he said did not allow Civil Society to provide meaningful input. To ensure appropriate transparency the requests put forward to the EU should be accessible to Civil Society, he argued. With regard to the published consultation document, an omission had been found (public utilities) when compared with the document with a report by the British government, he added.
The Commission stressed it had aimed to make the consultation document as comprehensive as possible, but the amount of material to be summarised and complexity of the issues made synthesising essential. There were no deliberate omissions.
Furthermore, the EU’s negotiating position has essentially been known since fall 2001 and it was not necessary for NGO to know which member made what requests in order to submit contributions.
5. Decisions and results
Next meeting: between 28.01. and 31.01.2003.
Agenda will include discussion of civil society contributions in response to the Commission’s consultation paper. The deadline for submission of contribution is the 10th of January 2003.
Mr Jessen promised to check the possible dates for the next meetings .
Translations of the consultation document are expected to be available by mid-December.