ARTICLE XXVIII:5
NEGOTIATIONS
UNITED KINGDOM'S WITHDRAWAL FROM
THE EUROPEAN UNION
Communication from the United Kingdom
Addendum
The following communication,
dated 28 May 2025, 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.7, the timelines envisaged under
Article XXVIII:3 have already been extended on eight different
occasions, the most recent of which extended negotiations until 1 July 2025.
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 three months, i.e. until 1 October 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 57 months after the UK's modification of concessions. The extended
time‑period will enable the UK and those Members that have signaled 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 October 2025.
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