ARTICLE XXVIII:5 NEGOTIATIONS

United Kingdom's Withdrawal from the European Union

Communication from the United Kingdom

Addendum

The following communication, dated 30 May 2024, is being circulated at the request of the Delegation of the United Kingdom.

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On 24 July 2018 the United Kingdom's (UK) draft Schedule of concessions and commitments on goods was circulated for certification in document _G/MA/TAR/RS/570 under the Procedures for Modification and Rectification of Schedules of Tariff Concessions. Subsequent addenda to that schedule were circulated in documents _G/MA/TAR/RS/570/Add.1, _G/MA/TAR/RS/570/Add.2 and _G/MA/TAR/RS/570/Add.3 (together Schedule XIX‑United Kingdom). In document _G/SECRET/44, the UK notified WTO Members that it would enter into negotiations and consultations with the appropriate WTO Members pursuant to Article XXVIII of the GATT 1994 ("Modification of Schedules") with respect to its obligations concerning tariff rate quotas (TRQs).

In connection with these ongoing negotiations and consultations under Article XXVIII of GATT 1994, the UK refers to WTO document _WT/GC/226. That communication highlighted that the UK remained fully committed to successfully conducting negotiations and consultations. Furthermore, that communication recognized the practical mechanisms available to WTO Members to extend the timelines envisaged under Article XXVIII:3 of GATT 1994, should that prove necessary. Members will be aware that pursuant to those mechanisms, and as set out in communication _G/L/1386/Add.5, the timelines envisaged under Article XXVIII:3 have already been extended on six different occasions, the most recent of which extended negotiations until 1 July 2024.

Ahead of this date, the UK would like to inform Members that it will extend the time‑period set forth in Article XXVIII:3 by a further 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). The UK therefore wishes to inform the Membership that the UK 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 UK'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 UK's modification of concessions. The extended time‑period will enable the UK and those Members that have signalled their satisfaction with the outcome of negotiations to finalize relevant administrative procedures in order to formally conclude discussions.

The UK will further update Members following the conclusion of relevant administrative procedures under Article XXVIII of GATT 1994. The UK proposes that the WTO Council for Trade in Goods takes note of this communication and of the extension of the deadline at its next meeting, as indicated in this communication, until 1 January 2025.