Article XXVIII:5 negotiations
Withdrawal of the United Kingdom from the European
Union
Communication
from the European Union
Addendum
The
following communication, dated 29 May 2024, is being circulated at
the request of the Delegation of the European Union.
_______________
In connection with the ongoing
negotiations under Article XXVIII of GATT 1994 on the apportionment
of the European Union's tariff‑rate quota concessions following the withdrawal
of the United Kingdom from the European Union[1],
the European Union refers to WTO document _G/L/1385/Add.5.[2]
In that communication, the
European Union extended the timelines of Article XXVIII:3 of
GATT 1994 by another six months or by thirty‑six months in
total, i.e. until 30 June 2024, without prejudice to the question of
whether there are any rights to withdraw concessions pursuant to
Article XXVIII:3(a) and (b). The European Union's Communication on the
first extension by six months had outlined the established practice
in relation to such extensions.[3]
Considering that the conclusion
of the ongoing negotiations and consultations should not be impeded by the
timelines of Article XXVIII:3(a) and (b), as extended, in the event that,
for substantive or procedural reasons including domestic procedural
requirements for the formal conclusion of agreements under Article XXVIII
of GATT 1994, it were to take more time than will be available until 1 June 2024,
the European Union believes that it is desirable to further extend the
timelines of Article XXVIII:3 of GATT 1994 by six months, i.e.
until 1 January 2025, without prejudice to the question of whether
there are any rights to withdraw concessions pursuant to
Article XXVIII:3(a) and (b).
Accordingly, the European Union
wishes to inform the Membership that the European Union will not assert that
the WTO Members who submitted a valid claim in this process are precluded
from withdrawing substantially equivalent concessions under Article XXVIII:3
of GATT 1994 because this withdrawal occurs later than six months
after the EU's modification of its concessions, which occurred on
1 January 2021, provided that the WTO Member in question
withdraws concessions no later than 48 months after the EU's modification
of concessions. This extended time‑period will allow the European Union and
other Members involved in these Article XXVIII procedures to try to
conclude any open negotiations or consultations over the coming months and to
complete the domestic procedures required for the conclusion of agreements
under Article XXVIII of GATT 1994.
The European Union proposes that
the Council for Trade in Goods at an upcoming meeting takes note of this
communication and of the extension of the deadline as indicated in this
communication, until 1 January 2025.
__________
[1] Cf. WTO document _G/SECRET/42,
dated 19 July 2018, in which the European Union notified its
intention to modify its current concessions on all tariff-rate quotas as they
are reflected in Schedule CLXXV of the European Union, in its Part I
Section I‑B (agricultural products) and in its Part II Section II‑B
(other products), and document _G/SECRET/42/Add.2
of 19 October 2018.
[2] Cf. WTO document _G/L/1385/Add.5,
dated 30 November 2023, titled Article XXVIII:5 Negotiations:
Withdrawal of the United Kingdom from the European Union – Communication from
the European Union – Addendum (_G/L/1385/Add.5).
[3] Cf. WTO document _G/L/1385,
dated 19 March 2021, titled Withdrawal of the United Kingdom from the
European Union: Procedures under Article XXVIII:3 of the GATT 1994 –
Communication from the European Union (_G/L/1385).