By World Trade Organization
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Extra resources for A Handbook on the GATS Agreement AWTO Secretariat Publication Prepared by the WTO Trade in Services Division
A related challenge is the fact that there are some 160 service sub-sectors involved, which would be difficult for any central agency to oversee. In order to ensure compliance with existing obligations, and to participate effectively in the new round, national administrations may find it useful to create sector- or issue-related working groups. Table 2 suggests how such groups might be composed. Given the regulatory intensity of many service activities and the range of sectors involved, proper co-ordination and information across agencies and government levels is critical for at least three purposes: (i) ensuring awareness of the types of GATS-related measures falling under a ministry’s or agency’s jurisdiction; (ii) ensuring that each ministry/agency has properly identified and analyzed – against the background of existing GATS obligations, including specific commitments – its current use of measures; and (iii) ensuring that, in preparing new measures, relevant GATS obligations – including notification requirements – are taken into account and complied with.
Step 4: The panel examines the complaint in the light of the relevant legal obligations, and has six months in which to issue a report with binding recommendations for adoption by the dispute settlement body (DSB). Step 5: Any party to the dispute may appeal the panel ruling before the WTO Appellate Body. Step 6: The Appellate Body examines the appeal, and has up to ninety days to deliver its report. Step 7: The panel ruling is adopted by the DSB (including any modifications decided by the Appellate Body), unless there is consensus not to adopt.
Such requirements may not only prove costly from the suppliers’ perspective, but could unnecessarily restrict competition – and thus have unwarranted price effects – for potential users. To help solve such problems, Members have concluded mutual recognition agreements (MRAs) in appropriate cases or have autonomously recognized education and training obtained in other jurisdictions. While potentially in conflict with the MFN obligation under Article II, GATS Article VII allows for such measures as long as there are adequate provisions for other Members to negotiate accession and/or achieve recognition of their requirements and certificates, and the measures do not constitute a means of discrimination or a disguised restriction on trade.